Loading...
HomeMy WebLinkAboutSeptember 10, 2003 Regular Meeting 079 A Regular Meeting of the Frederick County Board of Supervisors was held on September 10, 2003, 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 W. Harrington Smith, Jr.; Robert M. Sager; Margaret B. Douglas; Sidney A. Reyes; Gina A. Forrester; and Lynda J. Tyler. CALL TO ORDER Chairman Shickle called the meeting to order. INVOCATION The invocation was delivered by Reverend Nancy Compher with the White Hall Methodist Church. PLEDGE OF ALLEGIANCE ADOPTION OF AGENDA Administrator Riley advised that Tab C - Resolution for Proposed Public Safety Building Project, is hereby pulled from the Agenda as it is not ready for discussion at this time. Upon motion made by Supervisor Smith, seconded by Supervisor Sager, the agenda was adopted, as amended, 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. - Aye Margaret B. Douglas - Aye Lynda J. Tyler - Aye CONSENT AGENDA Administrator Riley suggested the following tabs for approval under the consent agenda: 1. Resolution requesting the Installation of "Watch for Children" Signs in Canter Estates - TabD; 2. Parks and Recreation Commission Report - Tab E; 3. Landfill Oversite Committee - Tab F. Upon motion made by Supervisor Smith, seconded by Supervisor Forrester, the consent agenda was approved, as noted above, by the following recorded vote: Richard C. Shickle - Aye Robert M. Sager - Aye Minute Book Number 29 Board of Supervisors Regular Meeting of 09110/03 080 Sidney A. Reyes - Aye Gina A. Forrester - Aye W. Harrington Smith, Jr. - Aye Margaret B. Douglas - Aye Lynda J. Tyler - Aye CITIZEN COMMENTS Raymond C. Sandy, Opequon District, 144 Landgrant Lane, adjacent to the proposed Dogwood Landing development. He spelled out what he feels is the responsibility of the County Planning Commission, as well as that ofthe Parks and Recreation Commission. He feels Dogwood Landing should not be located in the center of Sherando Park, at the entrance. He feels this is not consistent with any good planning practices, and does not compliment the character of the surrounding area. He has a difficult time trying to imagine a three-bedroom home, with a two-car garage crowded on a 50-foot wide lot, with only five foot side yard restrictions. He cannot image how twenty-five families can coexist on such a small area. He feels a small area with this type of confinement has a potential to be a fire hazzard, a health hazzard, and an area of constant turmoil. He also addressed the environmental impact. This will threaten the last density wooded area ofthe park. The already crowded schools will be affected as will the already crowded roads. Laura Stewart, Back Creek District, is opposed to any change ofthe 200 ft setback in relation to hog farming in Frederick County. There will be many in Frederick County that will feel these effects. She urged the Board to weigh any decisions pertaining to hog farming in Frederick County and listed her reasons. She advised in light of these issues she was requesting that the Board not change the 200 ft. setback. Waste management is of great concern to her. What provisions will be made to protect adjoining properties should this set back be changed? She requested answers to her questions, and advised she would be doing additional research herself. Steve M. Stewart, Back Creek District, advised his grandparents raised hogs, and referred to when the 200-foot setback law was put into effect advising that he felt it was a very good law. This was done for the protection of those homeowners living near by. Two hundred feet is not a great distance when you think of your children playing close by. He has never known a farmer that did not have adequate acreage to put his hogs on without putting them that close to other human habitation. He asked the Board to leave the regulations as they currently are concerning hog operations and the current 200 foot setback. Bill Shepherd, Gainesboro District, commented on the proposal to extend the UDA. He feels Minute Book Number 29 Board of Supervisors Regular Meeting of 09/1 0/03 081 this is a regular event. Some property owner wants to develop his land with high density housing and discoveries it is outside the UDA, no problem, we will just extend the UDA line to enclose the applicant's property. He feels it makes a mockery of the concept, if all it takes is for someone to raise his hand and get his UDA expansion wish granted. With 1600 lots already in the UDA why should we consider getting more? Jim Giraytys, Back Creek District, referred to printed information he provided to the Board members prior to the meeting concerning 1-81. The 1-81 is a very real situation that the Board has to deal with. The air quality, as mentioned by Chairman Shickle, is one ofthe major issues. There are two others, the development it will bring, and the need for water that comes from the development activity themselves. He spoke to the increase from Star Solutions as well as Fluor on their cost estimates for the widening of 1-81. He feels the public is being asked to buy "a pig in the poke." We do not know what animal is in that poke, nor do we know what we will be required to feed it or clean up after it. He strongly suggested that this Board sponsor a serious workshop where all sides can lay the issues on the table and the public can gain some feeling on whether this is really a pig, and alligator or a 900 lb. guerilla. David Darsie, Stonewall District, referred to a letter that he had sent to the paper and he hoped it would have been printed before tonight's meeting, but that did not happen. He referred to September 3 and the discussion by the Planning Commission of the Urban Development Area expansion. Discussion of the issue was not familiar. He hates to see UDA expand into rural Frederick County, and has spoken about this concerning two expansions during the last two years. This situation is different; however, it is not in rural Frederick County. This property is between Route 37 and the City of Winchester. What makes more common sense then putting the UDA up against the City of Winchester, as far as he is concerned that is the only place the UDA belongs. He advised of his opposition to the McTiernan property as well as the Stephenson Village being allowed to be in the UDA. IfUDA expansion is good enough for rural Stonewall District, it dam well should be good enough for the City of Winchester and the Lords of Meadow Branch. If it is no good for the City of Winchester it dam well is no good for Stonewall District. Kevin Kennedy, Gainesboro District, asked the Board to consider the following questions as they consider tonight's agenda as well as those in the future. What do the citizens of Frederick County need and want, what are the best things for the County as a whole? Not for just a few Minute Book Number 29 Board of Supervisors Regular Meeting of 09/10/03 082 individuals who are looking for a favor, or a break, or some personal consideration. There is a request appearing later on tonight's agenda requesting the Board to expand the UD A and the S WSA. Why is it that the existing areas for both ofthese never seem to be enough? Why are some people always wanting to expand them, and why do you as a body almost always go along with these requests? Is this constant expansion ofthe development areas representing the interest of the people as a whole? He addressed the Shockey rezoning request advising the Board that the people of Stephenson do not want this. Pam Kennedy, Gainesboro District, advised that in Frederick County today there are two paramount issues, each can be viewed as distinct entities, yet in reality they are inextricably linked. These are leadership and growth. Growth is a process. Leadership is a trait. Growth can be managed, but with leadership either you have the trait, or you do not. The relationship is that a person with leadership abilities recognizes the parameters, the limits of growth, and is able to show his followers a path to navigate. We currently lack this at key levels in Frederick County. We do have cheer leaders, but they are not true leaders. A true leader strives for authentic growth that is the growth that benefits many and not the few. She advised that Joe Batton listed these qualities many years ago. A true leader has a passion for excellence. He or she asks, listens, and hears to determine the wants, needs and possibilities of everyone that he or she comes into contact with. A true leader is a model of integrity. He seeks to empower people, not disenfranchise them. He leads as he himself would like to be led, and he fills every relationship that he enters into with faith, and gratitude. Is this the kind ofleadership we currently have in Frederick County? Tally up the points. The answer is clear. The choice is now very apparent for the voters in November. New leadership is very much needed for the problems that we are facing. Willis White, Shawnee District, one of the property owners of the property that appears on the agenda for action by the Board later in the meeting. He advised this goes back some ten to twelve years ago when he discussed this with a previous planning director. He was assured at that time that this property would naturally be incorporated into the UDA because of its location. This did not happen, but things have changed. They are requesting, at this time, to have their property along with the Marshall property, incorporated into the UDA. This is a two, to five, to ten year proj ect. Mark Smith, Greenway Engineering, Shawnee District. Advised the Board that the photo Minute Book Number 29 Board of Supervisors Regular Meeting of 09/10/03 083 directly behind them was recently taken. This gives the current construction activity and the things going on in that particular area. He further advised he and his staffwill be assisting the White's in their UDA request that will be before the Board later in the meeting. Chairman Shickle advised at this time the Public Comment section ofthe meeting would be closed. Mike Weber asked ifhe could speak. He stated that he did not see the "sign up sheet," and that he was present before the start of the meeting. Chairman Shickle advised he would take Mr. Weber's word for that and asked that he come forward. Mike Weber, Stonewall District, spoke to the development in the County, especially the proposed development by Shockey. He feels the County needs to look at how many people will actually be living in this development and what it will do to the schools, the roads. His property adjoins the McCann property, which is also part of the rezoning. His property has been a farm basically as long as the County has been here. He asked the Board, when they look at the Hog Farm issue later on the agenda, that they exempt any farm that was there before the houses. He does not see how someone can move in, build next to his land, and start telling him what he can do on his farm. He further addressed the traffic situation in his area and the amount of time that it takes to move a half a mile. He asked the Board members to corne to the area on a Friday evening between 4:30 and 5 :00 and see what the traffic is like before this rezoning request is considered by the Board. BOARD COMMENTS Supervisor Tyler advised that she and Jim Giraytys attended a meeting today ofthe Minimum Instream Flow Committee. The conclusion is available on the study. The Board will be seeing an executive summary ofthat report in October. She feels this is the first milestone the County has had to do a comprehensive look at the County's water situation, and something that the County should be proud of, that they invested in. Supervisor Reyes referred to a recent article in the local newspaper with reference to the proposed development of Stephenson Village, and the fact that the total homes to be built had been reduced by 335, and the reasons for doing that and the so-called benefits. He advised that the article stated that Shockey said, he met with individuals, five of the seven Supervisors to, discuss the changes, excluding Supervisor Reyes and Forrester because it did not appear they had any interest Minute Book Number 29 Board of Supervisors Regular Meeting of 09/10/03 08 in backing off the position ofthe development. He is happy to hear that at least one developer in this community recognizes that he is not going to convince him that an inordinate amount of residential homes, causing an increase in traffic, and having an adverse impact on the taxpayers, is something he will accept. He is sad that he did not have the courtesy to invite him to the meeting, but he is happy that he recognizes his position on that type of growth. Supervisor Tyler referred to the proposal received by Star Solutions and Fluor for 1-81 project, has been received for the Boards review and she wanted to know how the Board plans to receive input on this. Administrator Riley advised this information has been forwarded to the Planning Department for their review and recommendation back to this Board. Chairman Shickle advised that there has been a lot of movement on this, and there are a lot of questions. Administrator Riley advised until the Commonwealth Transportation Board selects one to move further on negotiations, it is going to be a very fluid process. Supervisor Tyler stated there are a number of communities and towns up and down the whole 1-81 Corridor who are very concerned about the lack of infrastructure on rail. She knows the Board has signed a resolution in support of rail expansion. The problem is with the trucks that is going to hurt the areas air quality. Is VDOT basically asking us to support one proposal or another? Administrator Riley replied no. COMMITTEE APPOINTMENTS SETH THATCHER APPOINTED TO THE HISTORIC RESOURCES ADVISORY BOARD TO FILL THE UNEXPIRED TERM OF JAMES E. FRETZ WHO PASSED AWAY Upon motion made by Supervisor Sager, seconded by Supervisor Smith, Seth Thatcher was appointed to the Historic Resources Advisory Board to fill the unexpired term of James E. Fretz who passed away over a year ago. The term will begin on September 10, 2003, and expire on April 12, 2005. Mr. Fretz represented Opequon District. Mr. Thatcher was appointed to fill vacant seat, but not from Opequon District. The above motion was approved by the following recorded vote: Richard C. Shickle - Aye Robert M. Sager - Aye Sidney A. Reyes -Nay Minute Book Number 29 Board of Supervisors Regular Meeting of 09/10/03 085 Gina A. Forrester - Nay W. Harrington Smith, Jr. - Aye Margaret B. Douglas - Aye Lynda J. Tyler - Aye RAY E. EWING REAPPOINTED TO THE SHENANDOAH AREA AGENCY ON AGING Upon motion made by Supervisor Sager, seconded by Supervisor Forrester, Ray E. Ewing was reappointed to the Shenandoah Area Agency on Aging. This is a four year term. The term will begin on September 30, 2003, and expire on September 30, 2007. 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. - Aye Margaret B. Douglas - Aye Lynda 1. Tyler - Aye JOHN R. RILEY. JR.. REAPPOINTED TO THE CFFW REGIONAL JAIL BOARD Upon motion made by Supervisor Smith, seconded by Supervisor Sager, Administrator Riley was reappointed to the CFFW Regional Jail Board. This is a four year term. The term will begin on October 13, 2003, and expire on October 13,2007. 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. - Aye Margaret B. Douglas - Aye Lynda 1. Tyler - Aye UPDATE ON VIRGINIA ASSOCIATION OF COUNTIES (V ACo) PUBLIC AWARENESS CAMPAIGN - FUNDING DENIED Assistant County Administrator Kris Tierney advised the Board that a proposal has surfaced since the last Board meeting wherein various audio spots could be run on WINC as was originally proposed and doing it in conjunction with Warren and Clarke Counties. The total cost to do this is roughly $18,000. Frederick County's share of this expenditure would be $10,650, $2, 275, for Clarke and $5,680 for Warren. The older equipment, given to us by our school system, will not work. Assistant Tierney further advised this message is a funding message from the State for schools, encouraging additional funding from the State for schools. Minute Book Number 29 Board of Supervisors Regular Meeting of 09/10/03 086 Supervisor Forrester requested to hear the ads again. Chairman Shickle stated that he frequently hears phrases like "fully fund the standards of learning." He asked Administrator Riley to give an estimate of how much money Frederick County would be talking about as possibly claiming to be entitled to, but not delivered on education? Administrator Riley advised that he believes Frederick County is currently ranked 9th in the State of Virginia in required local effort. This means Frederick County funds education, and he believes in excess of $20,000 in local effort toward education. Chairman Shickle advised that he felt it would be healthy, as we go forward in future budget cycles, to actually calculate what we think that funding level should be versus what it is. He does not think he has ever heard that expressed. Supervisor Reyes advised that he feels this is a good message; however, he feels the message if preaching to the choir. We need to play this message in Richmond, that is where it needs to be heard. Supervisor Tyler, advised that before the Board thinks about spending any money, she advised of a meeting she attended recently at JMU where Governor Warner attended one of the meetings. He unveiled his initiatives for education and he said it louder and clearer than this Board ever could. She would prefer to get some ofthe documentation and continue this. Talk to Potts to everyone the Board can and let them know the Boards interest in this. She is not particularly interested in spending any funds for this message as she feels the Board can do this themselves. Supervisor Forrester asked what the total budget is that the Board allocates to the school system? Administrator Riley advised he thought, do not hold him to this, in excess of$130 million Supervisor Forrester advised about 75% of the total budget. But we have a short fall because Richmond is not meeting their requirements, basically in order for the County to comply with the state mandates, the SOQ's, the County is having to pitch in more? Administrator Riley that is correct. Supervisor Smith moved for the Board not to pursue this request from V ACo. Supervisor Reyes seconded the motion. Supervisor Douglas advised that she had thoughts as to whether the County would benefit from this, given the amount they would be donating. Minute Book Number 29 Board of Supervisors Regular Meeting of 09110/03 087 Supervisor Forrester advised she was in disagreement ofthe motion. She feels it is a small amount of money, $10,600. She feels it is a marketing campaign to make it so our legislators in Richmond have to know that the localities are struggling to meet our requirements when 70% of our budget is dedicated to education and we are still coming up short, something is wrong. 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 - Nay W. Harrington Smith, Jr. - Aye Margaret B. Douglas - Aye Lynda J. Tyler - Aye Chairman Shickle asked ifthe Board would like to entertain a motion to ask staff to at least keep eyes and ears open for non-monetary ways to plead our case. Supervisor Sager moved to find additional endeavors to find ways to send the message to Richmond and those in the community who represent us in Richmond. 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. - Aye Margaret B. Douglas - Aye Lynda J. Tyler - Aye RESOLUTION FOR PROPOSED PUBLIC SAFETY BUILDING PROJECT - PULLED INDEFINITELY - ADDITIONAL INFORMATION NEEDED RESOLUTION (#014-03) REQUESTING INSTALLATION OF "WATCH FOR CHILDREN" SIGNS IN CANTER ESTATES - APPROVED UNDER CONSENT AGENDA WHEREAS, the 1997 Session of the Virginia Assembly amended the Code of Virginia adding Section 33.1-210.2 relating to the installation and maintenance of "signs alerting motorists that children may be at play nearby," and any county requesting the Virginia Department of Transportation to install and maintain this type of sign, and WHEREAS, the source of funding for the installation of this sign shall come out of the secondary system construction allocation to the affected county. The costs of maintaining such sign shall be paid out of the secondary system maintenance allocation to the affected county; and WHEREAS, Corral Drive (Route 1502) and Clydesdale Drive (Route 1507) is located in a residential area and is within the secondary road system and is a viable candidate for "Watch for Children" signs; and BE IT THEREFORE RESOLVED, the Frederick County Board of Supervisors does Minute Book Number 29 Board of Supervisors Regular Meeting of 09/10/03 088 hereby request that the Department of Transportation install "Watch for Children" signs specifically at Corral Drive (Route 1502), from White Oak Road (Route 636), 0.13 miles west of Clydesdale Drive (Route 1507); and Clydesdale Drive (Route 1507) from Corral Drive (Route 1502), .09 miles northeast to Juitland Court (Route 1508). The signs should be placed in accordance with the provisions of Section 33.1-210.2 of the 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 10th day of September 2003. COMMITTEE REPORTS PARKS AND RECREATION COMMISSION REPORT - APPROVED UNDER CONSENT AGENDA The Parks and Recreation Commission met on August 19,2003. Members present were: Charles Sandy, Cheryl Swartz, Robert Hartman, Joyce Duvall, Lynda Tyler. Submitted for Board Information Only 1. Mr. Hartman moved to adopt the Audio Visual Policy, second by Ms. Duvall, carried unanimously. LANDFILL OVERSITE COMMITTEE REPORT - APPROVED UNDER CONSENT AGENDA The Landfill Oversight Committee met on Wednesday, August 27, 2003, at 8:00 a.m. All committee members were present except Gary Lofton and Mike Noel. The following issues were discussed: 1. Proposed Operational Improvements to Meet Increasinl: Demands The landfill staff has taken a pro-active approach to improving the operations at our landfill facility. As an initial step in this approach, we instructed our consultant, SCS Engineers, to perform a thorough review of our daily activities with an emphasis on permit compliance. SCS Engineers performed a two (2) day sight visit and provided a detailed report of their findings. The engineer who performed the evaluation had over 25 years of experience in the design and operation of landfills across the country. Their report included the following recommendations: a. Add two (2) operator positions to our staff to improve coverage at the Construction/Demolition Debris and Municipal Solid Waste (M.S.W.) facilities. b. Upgrade equipment to improve compaction. The consultant recommended the use of a heavier piece of equipment (i.e., 836 trash compactor) which would increase productivity and extend the life of the M.S. W. landfill. The consultant also recommended upgrading the rock trucks from 25 ton to 35 ton to insure that adequate daily cover is available at the working face. c. Adopt alternative daily cover methods to extend the life of the landfill and maintain compliance during inclement weather. The committee discussed the above issues at length. A motion was made by John R. Riley, Jr. and seconded by Tim Coyne to proceed with implementing these recommendations. Staffwill evaluate the impact on the budget and provide this information to the committee for their review prior to implementation. 2. Review Policy Related to Compensatory Time Versus Overtime Minute Book Number 29 Board of Supervisors Regular Meeting of 09/10/03 089 Because of staffing shortages, we are incurring a large amount of compensatory time. This issue should be alleviated after the addition ofthe new positions. We will discuss this issue with the Personnel Department to verify maximum limits for compensatory time. 3. Proposed Sale of Surplus Eauipment The Landfill Manager, Steve Frye, presented a plan to sell or dispose of surplus equipment. The surplus equipment will include, but not be limited to the following: a. 955 loader b. tractor with mowing attachments c. pull pan d. drum roller e. D-8 The equipment listed above is no longer utilized at the landfill. Ifpossible, the equipment will be sold at the fair market value. Equipment that cannot be sold will be disposed of as scrap. 4. Proposed purchase of Equipment Based on the recommendations contained in the consultant's report, the landfill manager presented a request to replace two (2) 25 ton rock trucks and one (1) 826 trash compactor with two (2) 35 ton rock trucks and one (1) 836 trash compactor, respectively. Costs for these equipment replacements will be presented to the committee at the next meeting. It is anticipated that funding for these purchases will be derived from the landfill's unreserved earnings. 5. Creation of an Assistant Heavy Equipment Mechanic The staff presented the idea of adding an assistant heavy equipment mechanic to next year's budget. Because the landfill facility is becoming much more complex, there is a need for a skilled person to assist the heavy equipment mechanic and the environmental manager in the maintenance of construction and process equipment. The latter would include the blower/flare station, leachate pump stations and the new leachate treatment equipment. 6. Discuss Future E-Cvcle Events The attached memorandum dated August 22,2003, from Gloria Puffinburger highlights past, present and future issues related to E-Cycle events at the landfill. Basically, we are proposing that the landfill budget subsidize the current monthly events. This subsidy would be in the form of a lump sum mobilization and demobilization cost for each event. This action would hopefully minimize our staff involvement and reduce the costs to the citizens or businesses that utilize the event. A motion was made by Jim Wilson and seconded by Linda Tyler to proceed with the recommendations presented in the memorandum. Actual costs will be determined after receipt of vender bids. (Attachment 1) 7. Discuss Application of Environmental Mana!!ement Plan (EMP) Mr. Ron Kimble, environmental manager at the landfill, presented a brief overview of the progress pf the EMP committee. Basically, the committee has developed an action plan for implementing an environmental management system at the landfill. This plan has identified over 100 action items (aspects) to be addressed in the future. These issues included dust control, shop runoff and disposition of landfill gas among many other environmental items. Mr. Kimble indicated that we are very close to receiving our E2 rating as defined in the attached Virginia Environmental Excellence Program. Implementing this program should yield Minute Book Number 29 Board of Supervisors Regular Meeting of 09/10/03 09 many benefits including permit flexibility, improved bond rating, etc. (Attachment 2) 8. Uudate on Leachate Treatment Facility Uu!!rade The installation of the new aquamat treatment system is currently in progress. The blower building, blowers and related electrical work have been completed. The contractor is in the process of installing the air lines and the aquamats. It is anticipated that the system should be in service on or about September 12, 2003. 9. Uudate on New Citizen Convenience Area It is anticipated that the new landfill convenience site will be constructed on the approximate 35-acre parcel located northwest of the existing scale house. The landfill's civil consultant is currently in the process of preparing a preliminary layout plan. A public meeting will be held so that adjacent landowners can view the proposed plan. Ifpossible, we would like to initiate the earthwork phase of the project on or about December 1, 2003. 10. Closed Session A closed session was convened in accordance with the Code of Virginia Section 2.2-3711, Subsection (A) 3, to discuss the acquisition and disposition of real estate. PERSONNEL COMMITTEE REPORT The Personnel Committee met on Wednesday, September 3, 2003 with the following committee members present: Margaret B. Douglas, Chairman, Gina A. Forrester, Verne E. Collins, Philip Farley, Bill Still, John R. Riley, Jr., Kris Tierney and Debby Didawick. The following Department Heads were present: Ed Strawsynder, Public Works Director and Gary DuBrueler, Fire and Rescue Director. Guests present: Winchester Star representative. ***ltems Not Requiring Action*** 1. Request from CFFW Suuerintendent to Reclassify Bookin!! Technician to Ran\:e 17 The Superintendent is proposing to reclassify Booking Technician from pay Range 11 to pay Range 17. No additional funding will be required. 2. Request from Director of Fire and Rescue to Discuss Reclassifications and Additional Personnel The Director of Fire and Rescue is proposing to reclassify and add additional personnel. The Committee recommended approval for the following staffing requests to be forward to Finance Committee for funding consideration. The Director of Fire and Rescue is proposing to reclassify and add additional personnel. The Committee recommended approval for the following staffmg requests to be forwarded to Finance Committee for funding consideration: 1 Deputy Chief of Operations, 2 Training Officers, 7 firefighters for Clearbrook, 2 firefighters for Greenwood, 2 firefighters for Millwood, 3 Relief firefighters. The Committee recommended approval for the promotion requests to be forwarded to Finance Committee for funding consideration (See attachment C) ***ltems Requiring Action*** 1. Request from the Public Works Director for General Fund Transfers to Upl:rade Positions and Add Environmental Inspector Position - Approved Minute Book Number 29 Board of Supervisors Regnlar Meeting of 09110/03 091 The Director of Public Works requests estimated General Fund transfers in the amount of $9,400, a General Fund Supplemental Appropriation in the amount of $37,000 and ShawneeLand transfers in the amount of$37 ,000. These budget adjustments are required to upgrade positions and create an addition of Environmental Inspector position without any additional local funds. (See attachment D. The Committee recommended approval. Upon motion made by Supervisor Douglas, seconded by Supervisor Smith, 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. - Aye Margaret B. Douglas - Aye Lynda 1. Tyler - Aye PUBLIC HEARINGS PUBLIC HEARING - RESOLUTION (#013-03) 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: A GENERAL FUND SUPPLEMENTAL APPROPRIATION IN THE AMOUNT OF $1.228.227.61. THIS AMOUNT REPRESENTS OUTSTANDING ENCUMBRANCES AT JUNE 30.2003 AND A SCHOOL CONSTRUCTION FUND SUPPLEMENTAL APPROPRIATION IN THE AMOUNT OF $6.882.140.11. THIS AMOUNT REPRESENTS OUTSTANDING ENCUMBRANCES FOR THE SCHOOL SYSTEM AT JUNE 30. 2003. - APPROVED WHEREAS, the Frederick County Board of Supervisors, meeting in regular session and public hearing held on September 10, 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 General Fund Supplemental Appropriation in the Amount of$1 ,228,227.61. This Amount Represents Outstanding Encumbrances at June 30, 2003. Upon motion made by W. Harrington Smith, Jr. and seconded by Robert M. Sager, the above was approved by the following recorded vote: Richard C. Shickle Aye Robert M. Sager Aye W. Harrington Smith, Jr. Aye Margaret B. Douglas Aye Lynda 1. Tyler Aye Sidney A. Reyes Aye Gina A. Forrester Aye A School Construction Fund Sup"lemental Appropriation in the Amount of$6,882, 140.11. This Amount Represents Outstanding Encumbrances for the School System at June 30, 2003. Upon motion made by W. Harrington Smith, Jr. and seconded by Gina A. Forrester, the above was approved by the following recorded vote: Minute Book Number 29 Board of Supervisors Regular Meetiug of 09/10/03 092 Richard C. Shickle Aye Robert M. Sager Aye W. Harrington Smith, Jr. Aye Margaret B. Douglas Aye Lynda J. Tyler Aye Sidney A. Reyes Aye Gina A. Forrester Aye ADOPTED, this 10th day of September, 2003. PUBLIC HEARING - PROPOSAL TO REOUEST SPEED LIMIT REDUCTIONS ON FREDERICK COUNTY ROADS - THE FREDERICK COUNTY BOARD OF SUPERVISORS WILL HOLD A PUBLIC HEARING ON A PROPOSAL TO REOUEST THAT THE VIRGINIA GENERAL ASSEMBLY PASS LEGISLATION TO AMEND VIRGINIA ST ATE CODE SECTION 46.2-870 TO REDUCE THE SPEED LIMIT ON ALL HARD SURFACED SECONDARY ROADS WITHIN THE COUNTY TO 45 MILES PER HOUR - APPROVED - INTRODUCED TO THE BOARD AT THE MEETING OF AUGUST 13. 2003 Administrator Riley presented this request to the Board advising this request would require an amendment to State Code section 46.2-873.1 which will require legislation to be introduced in the upcoming session ofthe General Assembly. He further advised VDOT Resident Engineer is also requesting a maximum speed limit on all treated secondary highways of 45 mph. This action would require the amendment of State Code 46.2-870. Paul Anderson, Back Creek District, advised he does not agree with all secondary roads being 45 mph. He feels some need to be 55 mph. Mike Weber, Stonewall District, feels this request and action is way past due. Sam Lehman, Back Creek District, does not like having 35 mph on his road. He feels 35 mph should be for dirt roads. Supervisor Sager, asked what happens when a request is received by one county for posted speed limits. Does that mean all dirt roads would have this speed limit posted? Engineer Copp advised this would be going to the General Assembly and they will be deciding what is appropriate. Assuming it would be approved, it is his understanding the non-hard surface roads would be 35 mph, unless otherwise posted, and the 45 mph would be for hard surface roads, unless otherwise posted. He further explained ifthis does become law, it would not be posted as such, it would only be posted in areas where this did not apply. Chairman Shickle, stated at the last meeting Engineer Copp addressed VDOT's procedure forreducing speed limits. He addressed the 45-mph speed limit and whether this would leave people with a false sense of security for the purpose who thinks everyone is going to heed the 45mph limit, Minute Book Number 29 Board of Supervisors Regular Meetiug of 09/10/03 093 because the law says this is what they should do Engineer Copp advised it is probably a false sense of security; however, they have the opportunity to look at that road, and ifthey believe, after studies are performed, that the appropriate speed is 55, there is nothing to preclude them from posting that particular road at 55 mph. There will be exceptions. Chairman Shickle requested to have the two items voted on separately since some support one and not the other. (The resolution was approved at the Board Meeting of August 27, 2003, indicating the Board's interest in proceeding with this request.) Upon motion made by Supervisor Forrester, seconded by Supervisor Tyler, for 3 5 mph speed limits on all non-hard surfaced roads in Frederick County. 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. - Aye Margaret B. Douglas - Aye Lynda 1. Tyler - Aye Upon motion made by Supervisor Smith, seconded by Supervisor Reyes, for 45 mph speed limit on all treated surface secondary roads in Frederick County. The above motion was approved by the following recorded vote: Richard C. Shickle - Nay Robert M. Sager - Aye Sidney A. Reyes - Aye Gina A. Forrester - Aye W. Harrington Smith, Jr. - Aye Margaret B. Douglas - Aye Lynda 1. Tyler - Aye PLANNING COMMISSION BUSINESS MASTER DEVELOPMENT PLAN #06-03 OF DOGWOOD LANDING - APPROVED Planner II Jeremy Camp presented this request to the Board advising that staff and Planning Commission recommended approval. Planner Camp advised Raymond Sandy, an adjoining property owner, spoke at the meeting. He is opposed to the proposed master development plan for numerous reasons, such as, concerns with the high density, the environmental impact to the lake and adjoining wooded areas ofthe park, Minute Book Number 29 Board of Supervisors Regular Meeting of 09/10/03 I 094 the impact to schools, possible vandalism, the impact to park resources, and the questionable conduct of county officials and developers during the process. He further advised it has been confirmed by the applicant that both residents that utilize Landgrant Lane will not lose their access. Mr. Sandy will be granted a deeded right-of-way to his property which he would be responsible for maintaining. He further advised that the primary concerns of the Planning Commission were regarding the possible relocation of Landgrant Lane and the possible transfer of land between the County (Sherando Park) and the applicant. Staff asserted that the application stands on its own whether or not these possible elements occur or not. A concern focused on the compatibility of the proposed development to the area. It was discussed that there may be problems with having residences this close to the Park. There were other comments regarding the appropriateness ofthe proposed density, which is somewhat higher than average for the immediate area. However, several commissioners stated that the density could be significantly higher than proposed. Supervisor Sager asked Director Jim Doran what his thoughts were on the impact this would have, if any, on Parks & Recreation? Director Doran advised he did not feel there would be significant impact. Supervisor Sager advised that one of his concerns with this request are the three entrances in a row, park entrance, entrance into this, and the lane, of course. He asked if an adjustment could be made to cut off the entrance that comes out of the development, expand the lane and make one entrance that would serve the whole area. Chuck Maddox of G. W. Clifford Associates appeared before the Board on behalf of this request. He advised he has been discussing this with staff with the idea to eliminate as many entrances on Route 277 as possible. He referred to the connecting roadway that is being shown connecting Landgrant Lane, should it be decided, and agreed to by the users to close this entrance. He further advised that the land to the west is zoned RP and they are simply applying for a master plan on a previously zoned land. Planner Camp advised the light at 277 and 636 is scheduled for some time in 2004. Supervisor Sager explained his reasons for reaching his decision on this request. He advised what could go at this location if this does not. Supervisor Tyler, Board liaison to the Parks and Recreation Commission read a prepared statement from the Parks and Recreation advising of their position on this request. Minute Book Number 29 Board of Supervisors Regular Meeting of 09110/03 095 Upon motion made by Supervisor Sager, seconded by Supervisor Tyler, Master Development Plan #06-03 of Dogwood Landing 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. - Aye Margaret B. Douglas - Aye Lynda J. Tyler - Aye REQUEST FROM G. W. CLIFFORD AND ASSOCIATES. ON BEHALF OF GEORGE SEMPELES. TO AMEND THE NORTHEAST LAND USE PLAN (NELUP) TO RELOCATE A PLANNED COLLECTOR ROAD AND TO INCLUDE BUSINESS LAND USE DESIGNATION - APPROVED Senior Planner Abbe Kennedy presented this request to the Board. She advised staff has received a request from G. W. Clifford & Associates on behalf of George Sempeles, to consider a request for an amendment to the Northeast Land Use Plan. The request is to relocate a planned collector road planned in the vicinity of the intersection of Route 11 and Rest Church Road, and to allow for business land use designation in a portion of the subject location. She further advised the amendment is requested in order to facilitate a business and industrial development proposal for approximately 104 acres located in the Stonewall Magisterial District. She further advised Lloyd Ingram, Traffic Engineer with VDOT, advised the proposed relocation utilizing Woodbine Road was the best solution available at this time to accommodate truck stacking length. Planner Kennedy advised the Board that the question before them at this time if whether or not they are ready to go to public hearing on this request? Upon motion made by Supervisor Tyler, seconded by Supervisor Sager, the request from G. W. Clifford and Associates on behalf of George Sempeles to amend the NELUP will be scheduled for a public hearing. 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. - Aye Margaret B. Douglas - Aye Lynda J. Tyler - Aye REQUEST FROM WILLIS WHITE AND KENNETH MARSHALL FOR EXPANSION OF THE URBAN DEVELOPMENT AREA (UDA) - TO BE SCHEDULED FOR A PUBLIC HEARING Minute Book Number 29 Board of Supervisors Regular Meeting of 09/1 0/03 096 Please note this is in Shawnee District and not Back Creek as listed on al!enda information. Senior Planner Abbe Kennedy presented this request to the Board advising staffhas received a request from the owners to consider a request to expand the Urban Development Area (UDA) to include approximately 320 acres currently zoned RA (Rural Areas). The six subject parcels are not under common ownership; however, all of the property owners have consented to collective representation. Supervisor Forrester advised she would not be participating in any discussion or vote on this matter, as there could be a possible conflict of interest. Supervisor Smith asked about the extension of Jubal Early Drive. Planner Kennedy advised it is still on the plan; and the City of Winchester does support it at this time. Chairman Shickle questioned the acreage involved, the 320 acres. The adjacent landowner who questioned his track in the South Frederick Agricultural and Forrestal District, he questioned the fact that the acreage is not the same, and asked ifthat was because a portion of this is across Cedar Creek Grade? Planner Kennedy advised that she feels it is 138 acres total. Chairman Shickle questioned the parcel to the right, he believes this belongs to the Bridgeforth Family and asked Planner Kennedy if she knew how many acres was in this? Planner Kennedy advised she did not. Chairman Shickle asked if staffhad any comments made by representative Mark Smith about the interest of the other two landowners? He asked ifthere was any recorded information on this, nothing officially received? Planner Kennedy replied no. Supervisor Smith moved to send this to public hearing, Supervisor Sager seconded the motion. Supervisor Sager once again addressed where the line is drawn for the UDA. He feels this one is a natural line. He cannot think of a better place to provide housing within this area. It is the place to do it. Supervisor Ty ler advised she looks at this somewhat as Supervisor Sager does; however, she Minute Book Number 29 Board of Supervisors Regular Meeting of 09/10/03 097 is also very mindful ofthe beautiful wet lands on this location and some wonderful things there, and we have some questions on Jubal Early. She asked if this was going to be advertised for a public hearing without any kind of understanding between staff and the landowners, it is too preliminary to have a plan for development, but a general plan that the Board can look at. Planner Kennedy advised staff had nothing at this time from the applicant. Willis White appeared before the Board at this time to address Supervisor Tyler's questions. He advised the Board of the Family's goals as some of them have lived at this location for fifty-five years. He advised a plan will be presented to preserve the wetlands and the lake as well as the surrounding areas. Supervisor Douglas advised that she agreed with what Supervisor Sager had said. Supervisor Tyler requested staff to contact the City of Winchester and ask where they are with Jubal Early Drive? Administrator Riley advised he would ask. Director Lawrence advised staff would be working with the applicant. Chairman Shickle asked if, between now and the selection of a date for the public hearing, the remaining landowners make a similar request, does that mean an additional public hearing would need to be scheduled. Director Lawrence replied yes. The above motion to send this to public hearing was approved by the following recorded vote: Richard C. Shickle - Aye Robert M. Sager - Aye Sidney A. Reyes - Aye Gina A. Forrester - Abstained W. Harrington Smith, Jr. - Aye Margaret B. Douglas - Aye Lynda J. Tyler - Aye REOUEST FROM TRIAD ENGINEERING. INC. TO AMEND THE NORTHEAST LAND USE PLAN (NELUP) TO EXPAND THE SEWER AND WATER SERVICE AREA (SWSA) - APPROVED FOR PUBLIC HEARING Senior Planner Kennedy presented this request to the Board advising staff has received a request from Triad Engineering, Inc. for an expansion to the Sewer and Water Service Area (SWSA). The property is located on Brucetown Road (Route 672) in the vicinity of the 1-81 interchange at Exit 321 in the Stonewall Magisterial District. She further advised this expansion of SWSA would Minute Book Number 29 Board of Supervisors Regular Meeting of 09110/03 098 include approximately 98 acres ofland currently zoned EM (Extractive Manufacturing) District. A portion ofthe site is presently located within the SWSA. She further advised staff is seeking the Boards' thoughts on this SWSA expansion request. She further explained if deemed appropriate by the Board, public hearings will be scheduled for the Planning Commission and the Board. She advised at the September 3, Planning Commission meeting the Commissioners generally supported the inclusion of the subject 98-acre parcel into the Sewer and Water Service Area. Upon motion made by Supervisor Tyler, seconded by Supervisor Smith, the request from Triad Engineering, Inc. to Amend the Northeast Land Use Plan (NELUP) to expand the Sewer and Water Service Area (SWSA) is to be advertised for public hearing by the Board. 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. - Aye Margaret B. Douglas - Aye Lynda J. Tyler - Aye PROPOSED MODIFICATION OF HOG FARM REGULATIONS DISCUSSED - DETERMINED MORE INFORMATION IS NEEDED. NOT CURRENTLY READY FOR PUBLIC HEARING Upon motion made by Supervisor Reyes, seconded by Supervisor Tyler, it was determined by the Board, following discussion, that this is not ready for a public hearing at this time. 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. - Aye Margaret B. Douglas - Aye Lynda 1. Tyler - Aye Upon motion made by Supervisor Forrester, seconded by Supervisor Reyes, feel that additional information is needed from the farming community. Farmers should be contacted to get their input before proceeding with this modification request. 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. - Aye Minute Book Number 29 Board of Supervisors Regular Meeting of 09/10/03 099 Margaret B. Douglas - Aye Lynda J. Tyler - Aye BOARD OF SUPERVISORS COMMENTS There were no additional comments at this time. UPON MOTION MADE BY SUPERVISOR FORRESTER, SECONDED BY SUPERVISOR TYLER, THERE BEING NO FURTHER BUSINESS TO COME BEFORE THIS BOARD, THIS MEETING IS HEREBY ADJOURNED. (TIME: 8:33 P.M.) " \2...Q Q c~O~ Richard C. Shickle Chairman, Board of Supervisors , Minutes Prepared By: & - _J 77 Ja...tua..aJ Carol T. Bayliss I Deputy Clerk, Board of Supervisors Minute Book Number 29 Board of Supervisors Regular Meeting of 09/1 0/03