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November 12, 2003 Regular Meeting 227 A Regular Meeting ofthe Frederick County Board of Supervisors was held on November 12, 2003, at 6:45 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.; Margaret B. Douglas; Sidney A. Reyes; Gina A. Forrester; and Lynda J. Tyler. ABSENT Robert M. Sager (due to surgery). CALL TO ORDER Chairman Shickle called the meeting to order. BOARD RETIRES INTO CLOSED SESSION Upon motion made by Supervisor Smith, 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 (5), to Discuss Economic Development - Discussion of an Industrial Prospect. The above motion was approved by the following recorded vote: Richard C. Shickle - Aye Robert M. Sager - Absent Sidney A. Reyes - Aye Gina A. Forrester - Aye W. Harrington Smith, Jr. - Aye Margaret B. Douglas - Aye Lynda J. Tyler - Aye BOARD WITHDREW FROM CLOSED SESSION Upon motion made by Supervisor Smith, seconded by Supervisor Reyes, the Board withdrew from Closed Session. The above motion was approved by the following recorded vote: Richard C. Shickle - Aye Robert M. Sager - Absent Sidney A. Reyes - Aye Gina A. Forrester - Aye W. Harrington Smith, Jr. - Aye Margaret B. Douglas - Aye Lynda J. Tyler - Aye BOARD RECONVENED INTO REGULAR SESSION Upon motion made by Supervisor Smith, seconded by Supervisor Forrester, the Board reconvened into regular Session and certified nothing other than what was noted as reason for going Minute Book Number 29 Board of Supervisors Regular Meeting of 11/12/03 228 into Closed Session was discussed. The above motion was approved by the following recorded vote: Richard C. Shickle - Aye Robert M. Sager - Absent Sidney A. Reyes - Aye Gina A. Forrester - Aye W. Harrington Smith, Jr. - Aye Margaret B. Douglas - Aye Lynda J. Tyler - Aye RECESS The Board recessed until 7:15 P.M. CALL TO ORDER - REGULAR SESSION INVOCATION In absence of the minister, Supervisor Reyes delivered the invocation. PLEDGE OF ALLEGIANCE ADOPTION OF AGENDA Administrator Riley advised he had nothing to add. Upon motion made by Supervisor Douglas, seconded by Supervisor Smith, the agenda was adopted, as presented, by the following recorded vote: Richard C. Shickle - Aye Robert M. Sager - Absent 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. Request for Installation of "Watch for Children" Signs in Red Fox Run Subdivision- TabC; 2. Resolution Re: Refunding of General Obligation School Bond, Series 1994A - Tab E. 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 - Absent Sidney A. Reyes - Aye Gina A. Forrester - Aye W. Harrington Smith, Jr. - Aye Margaret B. Douglas - Aye Minute Book Number 29 Board of Supervisors Regular Meeting of 11/12/03 229 Lynda J. Tyler - Aye CITIZEN COMMENTS Marie Straub, Red Bud District, and member of the Planning Commission, thanked Supervisor Reyes for all his efforts while serving as a member of the Board of Supervisors during the past four years. Pat Gochenour, Red Bud District, and member of the Planning Commission reminded everyone ofthe Planning Commission meeting scheduled for November 19, and the items scheduled for public hearing as she feels they are of extreme interest to the County. Trudy Franklin, Stonewall District, passed George Sempeles, Red Bud District, passed. Kevin Kennedy, Gainesboro District, thanked Supervisor Douglas for her years of service on the Board and also Supervisor Sager. He further thanked Supervisor Reyes for all of his service and contributions to the County while serving as the Gainesboro representative. He reminded Chairman Shickle of his remarks about slow growth as part of his campaign during the past election. BOARD OF SUPERVISORS COMMENTS There were no additional comments at this time. MINUTES Upon motion made by Supervisor Tyler, seconded by Supervisor Forrester, the minutes of September 10, 2003, were approved by the following recorded vote: Richard C. Shickle - Aye Robert M. Sager - Absent Sidney A. Reyes - Aye Gina A. Forrester - Aye W. Harrington Smith, Jr. - Aye Margaret B. Douglas - Aye Lynda J. Tyler - Aye COUNTY OFFICIALS COMMITTEE APPOINTMENTS TOOTlE RINKER NOMINATED TO LOCAL EMERGENCY PLANNING COMMITTEE (LEPC) Upon motion made by Supervisor Forrester, seconded by Supervisor Reyes, Tootie Rinker, was appointed to the Local Emergency Planning Committee (LEPC). The above motion was approved by the following recorded vote: Minute Book Number 29 Board of Supervisors Regular Meeting of 1 1112/03 230 Richard C. Shickle - Aye Robert M. Sager - Absent Sidney A. Reyes - Aye Gina A. Forrester - Aye W. Harrington Smith, Jr. - Aye Margaret B. Douglas - Aye Lynda J. Tyler - Aye RESOLUTION (#026-03) REQUESTING INSTALLATION OF "WATCH FOR CHILDREN" SIGNS IN RED FOX RUN SUBDIVISION - 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 WHEREAS, this act provides for the adoption of a resolution by the governing body of 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 ofmaintaining such sign shall be paid out of the secondary system maintenance allocation to the affected county; and WHEREAS, Bentley Avenue (Route 1368), Grindstone Drive (Route 1373), and McClure Way (Route 1374), are 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 hereby request that the Department of Transportation install "Watch for Children" signs speci fically at Bentley Avenue (Route 1368), from Front Royal Pike (Route 522) to McClure Way (Route 1374), Grindstone Drive (Route 1373) from Front Royal Pike (Route 522) to McClure Way (Route 1374), and McClure Way (Route 1374) from 0.10miles east of Bentley Avenue (Route 1368) to 0.15 miles west of Grindstone Drive (Route 1373). The signs should be placed in accordance with the provisions of Section 33.1-210.2 of the 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 12th day of November, 2003. REQUEST FROM THE WINCHESTER-FREDERICK COUNTY CONVENTION & VISITORS BUREAU FOR APPROVAL OF THE BY-LAWS AND ORGANIZATIONAL CHART OF THE WINCHESTER-FREDERICK COUNTY TOURISM BOARD - APPROVED AS AMENDED Administrator Riley presented this request to the Board advising due to the ratification ofthis agreement it needed to be brought before City Council and also the Board of Supervisors. Executive Director Melanie Stepp-Coughlin of the Winchester-Frederick County Convention & Visitors Bureau was present to address this request. Chairman Shickle stated that it appears in one section, ratification ofthe membership is done by City Council and the Board; however there are other sections where it is not clear. He asked if it was the intention of the Tourism Board that this happens on reappointments and also initial Minute Book Number 29 Board of Supervisors Regular Meeting of 11/12/03 231 appointments. Director Stepp-Coughlin advised that was correct They were happy to do this. Supervisor Tyler advised she had a question under the quarterly reports. She advised they have the minutes; however, she has not seen any financial conditions, and requested that the quarterly reports for the prior quarter be made available, this would be very helpful. She feels since the City and County are the "funders" ofthis project she would like to know why they do not have voting privileges? Director Stepp-Coughlin advised she did not know the answer to this question, and asked that President Kitty Hockman Nieholas come forward to address the Board. Ms. Nicholas advised this is the way it was set up according to the City and the County. Supervisor Tyler advised that her feelings are, as the folks that bring the money forward, that they should have a voice too, but that might just be her feelings. Administrator Riley advised, as best he remembers, they did not want to publicize the body, the same philosophy went with the EDC, that we had a presence, but on a non-voting basis. Chairman Shickle advised this was probably a carry over from the methodology ofthe EDC. Administrator Riley that is correct. Ms. Nicholas thanked Supervisor Douglas for all of her efforts for Tourism while serving on the Board as well as the other members. Upon motion made by Supervisor Smith, seconded by Supervisor Forrester, the following amendment was made on pal:e 6 under d number 3 of the Bv laws: 3) All appointments and reappointments are to be approved by the Winchester City Council and the Frederick County Board of Supervisors. The above motion was approved by the following recorded vote: Richard C. Shickle - Aye Robert M. Sager - Absent Sidney A. Reyes - Aye Gina A. Forrester - Aye W. Harrington Smith, Jr. - Aye Margaret B. Douglas - Aye Lynda J. Tyler - Aye RESOLUTION (#027-03) RE: REFUNDING OF GENERAL OBLIGATION SCHOOL BOND. SERIES 1994A - APPROVED UNDER CONSENT AGENDA AGREEMENT IN CONNECTION WITH THE ISSUANCE BY THE VIRGINIA PUBLIC SCHOOL AUTHORITY OF ITS SCHOOL REFUNDING BONDS (1997 Minute Book Number 29 Board of Supervisors Regular Meeting of 11/12/03 232 RESOLUTION) SERIES 2003 B, A PORTION OF THE PROCEEDS OF WHICH REFUNDED THE COUNTY OF FREDERICK GENERAL OBLIGATION SCHOOL BONDS, SERIES 1994 Aj AND AUTHORIZING ANY OTHER ACTIONS NECESSARY TO ACHIEVE THE OBJECTIVES CONTEMPLATED HEREBY WHEREAS, the Virginia Public School Authority (the "Authority") pursuant to a resolution duly adopted on June 26, 1991, as amended, restated and supplemented (the "1991 Resolution") issued bonds ("1991 Resolution Bonds") for the purpose of purchasing general obligation school bonds of certain cities and counties within the Commonwealth of Virginia; WHEREAS, the Authority has issued under the 1991 Resolution a certain series of 1991 Resolution Bonds designated as "Virginia Public School Authority School Financing Bonds (1991 Resolution) Series 1994 A" (the "Series 1994 A Bonds"); WHEREAS, the Authority used a portion of the proceeds of the Series 1994 A Bonds to purchase certain duly authorized and issued general obligation school bonds of the County of Frederick, Virginia (the "County") designated the County of Frederick General Obligation School Bonds, Series 1994 A ("Local School Bonds"); WHEREAS, the Authority refunded its Series 1994 A Bonds (the "Refunded Bonds") from a portion of the proceeds of its Virginia Public School Authority School Financing and Refunding Bonds (1997 Resolution) Series 2003 B (the "Refunding Bonds") issued pursuant to a resolution duly adopted by the Authority on October 23, 1997 (the "1997 Resolution"); WHEREAS, the Authority in refunding the Refunded Bonds has pledged the Local School Bonds for the benefit of the holders of bonds issued under its 1997 Resolution; WHEREAS, the Authority is required to assist the underwriters (the "Underwriters") of the Refunding Bonds with their duty to comply with Securities and Exchange Commission ("SEC") Rule 15c2-12 (the "Rule"); WHEREAS, the Authority has requested the County to execute a Continuing Disclosure Agreement in order for the Authority to assist the Underwriters in complying with the Rule, and; WHEREAS, the Board of Supervisors of the County of Frederick, Virginia considers it to be advisable for the County to fulfill the request of the Authority to execute a Continuing Disclosure Agreement; NOW, THEREFORE BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF THE COUNTY OF FREDERICK, VIRGINIA: Continuing Disclosure Agreement. The Chairman of the Board of Supervisors, the County Administrator and such officer or officers as they may designate are hereby authorized to enter into a Continuing Disclosure Agreement in the form attached as Appendix A hereto, containing such covenants as may be necessary in order for compliance with the provisions of the Rule, and any other documents the Authority deems necessary to comply with the SEC rules and any Internal Revenue Service rules and regulations regarding maintaining the tax-exempt status of the bonds. Further Actions. The members ofthe Board and all officers, employees and agents of the County are hereby authorized to take such action as they or anyone of them may consider necessary or desirable in connection with the execution and delivery ofthe Continuing Disclosure Agreement and maintaining the tax-exempt status of the bonds, and any such action previously taken is hereby ratified and confirmed. Minute Book Number 29 Board of Supervisors Regular Meeting of 11/12/03 233 Effective Date. This resolution shall take effect immediately. The undersigned Clerk of the Board of Supervisors of the County of Frederick, Virginia hereby certifies that the foregoing constitutes a true and correct extract from the minutes of a meeting ofthe Board of Supervisors held on November 12, 2003 and ofthe whole thereof so far as applicablc to the matters referred to in such extract. I hereby further certify that such meeting was duly held and complied with all requirements of law. EDC EXECUTIVE DIRECTOR. PATRICK BARKER. ADDRESSES OZONE EARLY ACTION PLAN Director Barker advised the information presented to the Board in their agenda covers three aspects of the Ozone early Action Plan currently under development. He further advised the Task Force is soliciting action and comments from City Council regarding the adoption of control measures for the community's Early Action Plan. The Task Force requests that this issue be included on the Board's next agenda, November 12, 2003. The request comes in accordance with milestones associated with third required submital, due December 31, 2003. This request was presented to City Council at their meeting on November 11, 2003. A draft Early Action Plan will come before the Board and Council in January 20004, with opportunity to revise the control measures at that time. He further advised that the Task Force divided their recommendations of control measures into two phases due to implementation timing. Measures listed in the first phase would be implemented, at a minimum but preferably earlier, by December 31, 2005. Phase 2 measures requires additional time for development and implementation He further advised several of the control measures are currently being implemented and advised which ones at this time. 2. Regional Approach - He further advised that the Task Force, Board and Council have desired a regional approach to air quality throughout the entire ozone Early Action Plan process. 3. Local Governmental Open House - In an effort to maintain and enhance your awareness, the Task Force has tentatively planned to hold a second local governmental open house, Wednesday, December 17, 2003 from, 11:30 a.m. to 1:00 p.m. at Jimmy's/Holiday Inn in Winchester. This meeting is to serve as a vehicle to educate and solicit input from the Board and Council. Upon motion made by Supervisor Tyler, seconded by Supervisor Reyes, the Early Action Plan as presented and discussed by Director Barker was approved by the following recorded vote: Richard C. Shickle - Aye Robert M. Sager - Absent Minute Book Number 29 Board of Supervisors Regular Meeting of 11/12/03 234 Sidney A. Reyes - Aye Gina A. Forrester - Aye W. Harrington Smith, Jr. - Aye Margaret B. Douglas - Aye Lynda J. Tyler - Aye REQUEST FROM THE COMMISSIONER OF THE REVENUE FOR REFUNDS - APPROVED Upon motion made by Supervisor Smith, seconded by Supervisor Forrester, the following Refunds were approved: 1. Ford credit titling trust (Ford Motor Vehicle Leasing) in the amount of$2,519.34 2. GMAC & VAULT (General Motors Vehicle Leasing) in the amount of$3,069.35. The total amount of these two refunds is $5,588.69. The above motion was approved by the following recorded vote: Richard C. Shickle - Aye Robert M. Sager - Absent Sidney A. Reyes - Aye Gina A. Forrester - Aye W. Harrington Smith, Jr. - Aye Margaret B. Douglas - Aye Lynda J. Tyler - Aye LEASE AGREEMENT. WITH BLAKE ST. DEVELOPMENT. LLC.FORPARKING FOR PUBLIC USE VEHICLES - APPROVED Assistant County Administrator Kris Tierney presented this information to the Board, advising this is for a twelve month period for 108 spaces at a cost of $1,000 per month, located across the street from the County Administration Building at 107 North Kent Street. Administrator Riley advised he is currently negotiating with the City of Winchester as to the possibility of renting 40 spaces, at their new parking area, just north of the County Office Building, at a cost of $14 per month. If this works out we would need to rent 50 spaces from Blake St. Development, LLC at a cost of$20 per month. Upon motion made by Supervisor Forrester, seconded by Supervisor Reyes, the lease agreement, as presented, was approved by the following recorded vote: Richard C. Shickle - Aye Robert M. Sager - Absent Sidney A. Reyes - Aye Gina A. Forrester - Aye W. Harrington Smith, Jr. - Aye Margaret B. Douglas - Aye Lynda J. Tyler - Aye COMMITTEE REPORTS Minute Book Number 29 Board of Supervisors Regular Meeting of 11/12/03 235 PUBLIC WORKS The Public Works Committee met on Tuesday, October 28,2003, at 8:00 a.m. All members were present. The following items were discussed: ***Items Requiring Action*** 1. Parkin\: for Public Use Vehicles - Aporoved Earlier in Al!enda Assistant County Administrator, Kris Tierney indicated that Frederick County Public Use vehicles have been parking in vacant lots located across the street from the county office complex for some time. Recently, the parking lots and the adjacent buildings located at 130/134 and 108 North Kent Street were offered for sale and purchased by Blake St. Development, LLC. The new owner has extended an offer for the county to continue to park these vehicles in the lot located at 108 North Kent Street. However, it will be necessary to execute a formal lease with monetary consideration. (See Attachment 1) Mr. Tierney presented another option parking the county's public use vehicles. Recently, the City of Winchester constructed a parking lot at the site of the former Winchester Public Safety Building. This property is located to the north ofthe county office complex. Negotiations with city officials have begun in an attempt to secure parking for the subject vehicles. A motion was made by George Ludwig and seconded by Jim Vickers to authorize the county administrator to negotiate a lease option with either Blake St. Development, LLC or the City of Winchester, contingent upon which option would be in the best interest ofthe county. The motion was unanimously approved. 2. Transfer Request: ShawneeLand - Approved The committee reviewed a request from ShawneeLand Sanitary District Project Manager, David J. Burleson, Jr. for several transfers totaling $65,000. The attached memorandum from Mr. Burleson provides the justification for this request. (See Attachment 2) A motion was made by George Ludwig and seconded by Jim Vickers to endorse the request. The motion was unanimously approved and a copy ofthe request will be sent to the Chairperson of the ShawneeLand Sanitary District Advisory Committee for informational purposes. Upon motion made by Supervisor Tyler, seconded by Supervisor Forrester, the above request was approved by the following recorded vote: Richard C. Shickle - Aye Robert M. Sager - Absent Sidney A. Reyes - Aye Gina A. Forrester - Aye W. Harrington Smith, Jr. - Aye Margaret B. Douglas - Aye Lynda J. Tyler - Aye 3. Review Results of Bid for Landscapin\: Alonl: Wardor Road - Aooroved The committee reviewed bid results to provide landscaping along Warrior Road. The attached memorandum summarizes the bid results. (See Attachment 3) A motion was made by George Ludwig and seconded by Jim Vickers to award the contract to Blue Ridge Landscape and Design, Inc. in the amount of $39,544.46. Funding will be derived Minute Book Number 29 Board of Supervisors Regular Meeting of 11/12/03 236 form the Warrior Road Project budget. The motion was unanimously approved. Upon motion made by Supervisor Tyler, seconded by Supervisor Smith, the above request was approved by the following recorded vote: Richard C. Shickle - Aye Robert M. Sager - Absent Sidney A. Reyes - Aye Gina A. Forrester - Aye W. Harrington Smith, Jr. - Aye Margaret B. Douglas - Aye Lynda J. Tyler - Aye 4. Review Revisions to Erosion and Sediment Control Ordinance - Approved The committee reviewed a memorandum from Deputy Director, Joe C. Wilder which outlined issues related to a requirement for as-built drawings and certification for single family homes. The revision is a modification and clarification to the existing policy; however, no changes to the ordinance are required. (See Attachment 4) A motion was made by Jim Vickers and seconded by George Ludwig to recommend approval of the policy changes. The motion was unanimously approved. Director Ed Strawsnyder appeared before the Board to explain how this came about and why. Chairman Shickle asked if this will be changed to reflect this? Director Strawsnyder replied yes. Upon motion made by Supervisor Tyler, seconded by Supervisor Douglas, the above request was approved by the following recorded vote: Richard C. Shickle - Aye Robert M. Sager - Absent Sidney A. Reyes - Aye Gina A. Forrester - Aye W. Harrington Smith, Jr. - Aye Margaret B. Douglas - Aye Lynda J. Tyler - Aye 5. Review Bids for Addition to Landfill Scale House - Approved The committee reviewed bid results for construction of a 1,200 square foot addition to the landfill scale house. The bid includes renovating and upgrading the existing scale house as well. Sufficient funds are available in the current fiscal year budget. (See Attachment 5) A motion was made by Jim Wilson and seconded by Jim Vickers to award the contract to Howard Shockey and Sons, Inc. in the amount of$151 ,844. The motion was unanimously approved. Upon motion made by Supervisor Tyler, seconded by Supervisor Smith, the above request was approved by the following recorded vote: Richard C. Shickle - Aye Robert M. Sager - Absent Sidney A. Reyes - Aye Gina A. Forrester - Aye Minute Book Number 29 Board of Supervisors Regular Meeting of 11/12/03 237 W. Harrington Smith, Jr. - Aye Margaret B. Douglas - Aye Lynda J. Tyler - Aye **Items Not Requiring Action*** 1. Additional Personnel Reauest: - Landfill Landfill Manager, Charles S. Frye, presented a request for additional staffing at the regional landfill. (See Attachment 6) Based on current personnel and budget issues, the committee made the recommendation to address the request for new positions during the upcoming fiscal year budget process. A motion was made by George Ludwig and seconded by Jim Wilson to forward the request to the budget process. The committee unanimously approved the motion. 2. Review Proposals for Installinl! Street Sil!ns This item was pulled from the agenda pending receipt of revised installation/repair prices which are currently under negotiation. This item will be submitted at the next public works meeting. 3. Miscellaneous Reports a) Tonnage Report (see Attachment 7) b) Recycling Report (see Attachment 8) c) Animal Shelter Dog Report (see Attachment 9) d) Animal Shelter Cat Report (see Attachment 10) PUBLIC HEARING PUBLIC HEARING - NO THRU TRUCK TRAFFIC ON BRUCETOWN ROAD - A REQUEST (RESOLUTION #028-03) TO THE COMMONWEALTH TRANSPORTATION BOARD TO CONSIDER RESTRICTING THRU TRUCK TRAFFIC FROM THE ENTRANCE TO FREY'S QUARRY ON BRUCE TOWN ROAD (ROUTE 672 EAST TO THE CLARKE COUNTY LINE - PUBLIC HEARING WAS HELD - ACTION TO TAKE PLACE LATER ONCE ALTERNATE ROUTE(S) SELECTED Administrator Riley presented this request to the Board advising the revised VDOT guidelines for thru truck restrictions have been presented to the Board. This request has been made to prohibit thru truck traffic on Brucetown Road, State Route 672 from the entrance to Frye's Quarry east to the Clarke County line. Brucetown Road is an east/west collector road located in Stonewall District. It is primarily used to direct residential traffic to and from Valley Pike, which is Route 11 north and Interstate 81. The alternate Route for thru trucks has been identified as Interstate 81. In accordance with section 46.2 -809 of the Code of Virginia, Frederick County must hold a public hearing on this matter. If the Board determines that it is appropriate to restrict thru truck traffic along this segment of road, a resolution to the Commissioner of the VDOT would be appropriate. The Commissioner would then make a decision on the matter within nine months. Engineer Director Jerry Copp appeared before the Board at this time at the request of Minute Book Number 29 Board of Supervisors Regular Meeting of 11/12/03 Chairman Shickle. Supervisor Reyes advised he had some concerns that this will be difficult to enforce, as it is his understanding there will only be signage posted to let everyone know of this change. Engineer Copp advised if it would be adopted and the Commonwealth Transportation Board approved it then it would be up to the law enforcement agencies to enforce it. Chairman Shickle referred to the guidelines of October 16, 2003. He asked if there was any kind of a significant change? Engineer Copp advised the significant change is that the Board is requesting this, so they need to designate an alternate route with termini for that alternate route. The alternate route with termini is to be advertised in the public hearing process also. Chairman Shickle asked who would be the best person to identify that alternate route before the public hearing? Engineer Copp advised that would be at the discretion of the Board. Chairman Shickle, no, I meant tonight, Administrator Riley or Engineer Copp? Administrator Riley, advised Engineer Copp. Supervisor Tyler advised she had a question before we get to that point. The request in the Stonewall District that we are just successful, and we have the signs implemented. It went through somewhat of a different process in that it went through the Transportation Committee and they had some help in identifying the alternate routes. She is now hearing some different information. She is not sure if there has been some break down in communications. If she wants to talk about alternate routes, she will say the alternate routes are Route 11, 1-81, Route 7, and ifthey want to go north and east they should use Route 51, in West Virginia. That doesn't sound like any significant you had the analysis before of time saved, distance traveled, and we have not done this. Engineer Copp replied no, we do not have that before the Board. That comes after this Board passes the resolution. Supervisor Tyler, stated, so we will still go through the same process of VDOT collecting their information, looking for alternative routes. The signs will be posted again for citizen comment, or anybody that wants to make formal recommendations to VDOT's office, is that correct. Engineer Copp replied that is correct, but we are getting ahead of ourselves. The termini has not been identified. Minute Book Number 29 Board of Supervisors Regular Meeting of 11/12/03 239 Supervisor Tyler advised this was done on these other roads, prior to the Board making the decision, and he hasn't been done---- for us to sit here as folks who don't have routes traveled and that sort of thing is kind of arbitrary without direct termini. She says Route II, 81, Route 7 and 51. Roads that are not with houses and driveways right next to them and basically one lane bridges. She is kind of in an uncomfortable situation. Engineer Copp advised he was kind of in an uncomfortable situation himself. Supervisor Tyler asked how we got here? Administrator Riley advised we got here because it was requested that this issue be before the Board this month. It was suppose to be done in conjunction with the rezoning ofthe milk plant on Brucetown Road. Supervisor Tyler stated milk plant, or no milk plant she thinks the residents would appreciate an earnest effort of the Board to restrict truck traffic through the community of Brucetown. Chairman Shickle asked if the Board held a public hearing tonight, and did not identify the alternative route, and we send it down to VDOT, they will send it back. Engineer Copp replied in his opinion, yes. Chairman Shickle we would then hold another public hearing with the alternate route disclosed. Is that likely what would happen? Engineer Copp replied yes. Supervisor Tyler advised she knows there are a lot of residents and also a lot of trucking interest here for this meeting. She asked if it would be worthy to hear what they have to say? Chairman Shickle advised he felt that would be best. Administrator Riley advised in order to accommodate those that were here for this subject, would be to go ahead and hold the public hearing and receive their comments tonight and the public hearing can be continued with the additional information available at some point in the future. Supervisor Tyler, asked Engineer Copp ifhe would assist with the termini? Engineer Copp replied he would be happy to. Arthur Bragg, Stonewall District, has lived in Brucetown all his life. He advised the truck traffic at one time was your smaller trucks, then your dump trucks and now it is your eighteen wheelers. It starts anywhere from 5:30 a.m. to 6:00 a.m. and goes anywhere up to 10:30 to 11 before it stops. He urged the Board to move forward in making it a no truck route. The safety of the Minute Book Number 29 Board of Supervisors Regular Meeting of 11/12/03 I 240 residents needs to be taken into account. He is almost afraid to go out and mow his front yard. He agrees with Supervisor Tyler with the alternate routes that she has named. Patricia Wolfe, Stonewall District, she and her family are vehemently opposed to the truck traffic in Brucetown. The roads are entirely narrow to have these huge vehicles on them. Referred to a situation she and her two sons encountered two days ago with the truck traffic and in particularly a semi truck that did not stop when it turned right to leave the quarry. She also described an incident that occurred right after this with a dump truck that passed them in the other lane with their double tires covering the double yellow lines. Increasing the width of the road is not an option, but forcing these truck drivers to go back to the highway is. The alternate routes are there and she asked the Board to help keep them off Brucetown Road. Shannon Brannon, Stonewall District, advising she and her family have lived on Brucetown Road for twelve years. Over the last several years they have noticed a significant increase in truck traffic. She feels the truck traffic has more than doubled during this time. It starts at 6 a.m. and goes all day, non stop. Their little country secondary road is not safe due to truck traffic, community members are unable to walk this road. The solution to this problem is called Route 11,7,81 and 51. She asked that their roads stop being used for a short cut to Clarke County and West Virginia. For those trucks that do have to come through Brucetown, the citizens ask that they obey the speed limits. Catherine Whittier, Stonewall District, this is something that has concerned her since the quarry changed hands in 1999. In 2000 she became a concerned citizen and she did attend a public meeting at the Stonewall School. She advised of a letter she wrote to Engineer Copp in 2000 concerning the truck traffic in Brucetown as well as the weight limit on the bridge that crosses over to Clarke County. She read Engineer Copp's reply to her three concerns. Forrest Smith, Stonewall District, asked the Board to do whatever they can do to restrict truck traffic through Brucetown. He asked the Board to look at the big picture, the quality of life of a small quaint town does not include through truck traffic. We have heard for many years from industry that "time is money" you will hear this from the transportation industry. Putting thru truck traffic through Brucetown jeopardizes the quality of life of the residents of Brucetown and jeopardizes the safety of the people of Bruce town. Charlie Gardiner, Stonewall District, his biggest concern is safety. He has three young Minute Book Number 29 Board of Supervisors Regular Meeting of 11/12/03 241 children. His property, three parcels borders right on Route 672 in the middle of town. He sees these large trucks come through anywhere between 45 and 50 miles an hour, in a 25 mile an hour zone with a full load on. If they have to ever stop, it will not be quickly. If anyones vehicle gets in the way it will be a very nasty scene. It is a very deep concern of his. It is a special community, quiet and peaceful, one of the last places in Frederick County that has not been corrupted with high prices, big houses, street lights and everything else. He would like to keep it that way. Trudy Franklin, Stonewall District, referred to the restrictions endorsed at the last meeting of no thm truck traffic on Brucetown Road. She referred to a comment made one day by one ofthe truckers that stopped when she was filming the traffic. He said, "we do not like sitting in traffic in Winchester." Brucetown is a historical road. There is a solution readily available to all traffic. Lloyd Goode, Berryville, Va., lives on Route 672 , Swimley Station at the railroad tracks. He is familiar with the traffic that has been discussed at this meeting, but feels they have left out a major item. He has lived at this location for more than forty years. He feels what is a greater danger, is the commuter traffic, that leaves 15 minutes too late to get to their job over the mountain. The only truck he has ever seen leave the road at this location was the Clearbrook Fire Company. He stated that the trucks that come by his house are very courteous and they do obey the speed limit. John Rutherford, Jr., Berryville, Virginia, he drives a truck and comes through Brucetown about every day. He hauls stone, and he does try to be courteous to everyone. He advised he was the driver that Trudy Franklin referred to. He told her that he was over the yellow line due to the overgrowth of brush along side ofthe road, and the fact that it would tear offhis truck mirrors. He feels with the amount oftaxes they pay for roads and then we get a community that shuts us down. He advised the truckers pay 5% of the alternate roads that were mentioned, but they cannot get on Interstate 81 with a 5% over the gross. If3,OOO lbs is taken offhis truck every load that he goes out of the quarry, and he is going to Berryville, making five trips per day that is 15,000 lbs, that is another load. That is $75 to $100 out of his pocket. That is his fuel money for one day, at the end of one week it totals $500.00, the end of the month $2,000. They are hard working people. David Crosen, Stonewall District, they pay county and state taxes, the heavy highway use tax and they should have the right to travel on that road. This is 2003, the population in Winchester has grown and it will continue to grow. Supervisor Reyes request the Commonwealth Transportation Board to consider restricting Minute Book Number 29 Board of Supervisors Regular Meeting of 11/12/03 242 the thru truck traffic on Brucetown Road, 672, from the entrance to Frey's Quarry, Brucetown Road to the Clarke County line. Supervisor Smith seconded the motion. Chairman Shickle advised this will probably be kicked back until an alternate is chosen. Supervisor Forrester advised that she understood when Engineer Copp appeared before the Board he advised the Board needed to go through and provide more information before it goes down to the CTB. Can this item be continued over until the next meeting? Chairman Shickle advised that he felt a better move would be to postpone, or not to, to continue the public hearing and postpone until an alternate, but we will vote on the motion if that is the desire of the Board. Supervisor Reyes withdrew his motion. Supervisor Smith withdrew his second. Supervisor Reyes moved to postpone indefinitely and continue the public hearing. Supervisor Smith seconded the motion. Supervisor Tyler advised she did not like the word indefinitely, but if we gather this information as quickly with the alternate routes and time saved, she would appreciate this being brought before the Board as soon as possible. Supervisor Smith stated to Engineer Copp that he had Tasker Road with No Thru Trucks and he cannot remember having to go through all of this. Engineer Copp advised there was a technical change that happened in October of this year, wherein the burden was put on the Board of Supervisors to come up with the alternate route, that is the only thing that really changed, and as of tonight the alternate route has not been selected. Supervisor Forrester asked if there is a safety criteria included in this? Engineer Copp replied yes. Supervisor Tyler explained to Engineer Copp that she knows he did not formulate these new rules and changes, but do you have any understanding of why the CTB would put the onus on the governing body when VDOT seems to have had the tools before to walk us through this? Are they being inundated with requests and this is a way to do away with some? She is just trying to figure out why all of a sudden that we, as a policy board, you are the professionals. Engineer Copp replied that no one is asking the Board to do that. They are asking you to Minute Book Number 29 Board of Supervisors Regular Meeting of 11/12/03 243 come up with what you feel is a reasonable alternate route for trucks to use in lieu of the road the Board is considering asking that the No Thru Truck Traffic be applied to. Supervisor Tyler advised Engineer Copp that she would meet with him and discuss the map. She is not comfortable with the motion and second for a postponement indefinitely, and she is not comfortable with that. Chairman Shickle suggested to Supervisor Tyler that she propose an amendment for thirty or sixty days to relieve your comfort. Supervisor Tyler amended the motion as soon as the alternate routes are identified, this will bc brought back to the Board. Supervisor Forrester seconded the motion. The above motion on the amended motion was approved by the following recorded vote: Richard C. Shickle - Aye Robert M. Sager - Absent Sidney A. Reyes - Aye Gina A. Forrester - Aye W. Harrington Smith, Jr. - Aye Margaret B. Douglas - Aye Lynda J. Tyler - Aye Supervisor Tyler the assumed weight limit on that bridge for trucks is, her understanding, since the sign is no longer there. Engineer Copp advised there is no weight limit restriction on that bridge. Supervisor Tyler advised the information she was given from a staff person in Richmond was that in the year it was constructed there was an assumed weight limit. That was the same year Winchester Medical Center got their first motorized ambulance. Engineer Copp advised that their engineering on that particular bridge indicates that it is capable of handling a legal load on the trucks that go across it. Supervisor Tyler a dump truck load or a full sized tractor trailer load? Engineer Copp either, if it is hauling a legal load. He further explained if this would be approved from the entrance to the quarry and goes into Clarke County, then it is illegal. Chairman Shickle advised he was just searching for how many alternate routes the Board would have to come up with. Supervisor Tyler asked ifperhaps she should discuss this with Supervisor Byrd from Clarke County? Minute Book Number 29 Board of Supervisors Regular Meeting of 11/12/03 244 Engineer Copp advised he would rather not. Supervisor Reyes asked Engineer Copp if he had any idea what it would cost the truck drivers to go the alternate routes that had been discussed? Engineer Copp replied no he did not. The amended motion was approved by the following recorded vote: Richard C. Shickle - Aye Robert M. Sager - Absent Sidney A. Reyes - Aye Gina A. Forrester - Aye W. Harrington Smith, Jr. - Aye Margaret B. Douglas - Aye Lynda J. Tyler - Aye Supervisor Tyler advised she would be happy to get together with Supervisor Byrd for more dialogue on this matter, and that she and Engineer Copp would be getting together sometime tomorrow. PLANNING COMMISSION BUSINESS PUBLIC HEARINGS PUBLIC HEARING - REQUEST FOR EXPANSION OF THE SEWER AND WATER SERVICE AREA (SWSA) TO INCLUDE THE ENTIRE AREA OF A 98.7768 ACRE PARCEL WHICH IS LOCATED APPROXIMATELY THREE QUARTERS OF A MILE EAST OF MARTINSBURG PIKE (ROUTE 11). ON THE NORTH SIDE OF BRUCETOWN ROAD (ROUTE 672). THE PARCEL IS IDENTIFIED BY PROPERTY IDENTIFICATION NUMBER 34-A-11. AND IS LOCATED IN THE STONEWALL MAGISTERIAL DISTRICT - POSTPONED PUBLIC HEARING - REZONING #10-03 OF FREDERICK LAND COMPANY. LLC, SUBMITTED BY TRIAD ENGINEERING. TO REZONE 98.7768 ACRES FROM EM (EXTRACTIVE MANUFACTURING) DISTRICT TO M1 (INDUSTRIAL LIGHT) DISTRICT. THIS PROPERTY IS LOCATED APPROXIMATELY THREE QUARTERS OF A MILE EAST OF MARTINSBURG PIKE (ROUTE 11 ), ON THE NORTH SIDE OF BRUCE TOWN ROAD (ROUTE 672). AND IS IDENTIFIED WITHPROPERTYIDENTIFICATIONNUMBER34-A-ll IN THE STONEWALL MAGISTERIAL DISTRICT - POSTPONED PUBLIC HEARING - PROPOSED NORTHEAST LAND USE PLAN (NELUP) AMENDMENT TO RELOCATE A PLANNED MAJOR COLLECTOR ROAD AND TO PROPOSE BUSINESS LAND USE IN THE VICINITY OF THE INTERSECTION OF ROUTE 11 AND REST CHURCH ROAD. THIS REOUEST HAS BEEN SUBMITTED BY G.W. CLIFFORD AND ASSOCIATES. INC.. ON BEHALF OF PROPERTY OWNER GEORGE SEMPELES TO FACILITATE PREPARATION OF A BUSINESS AND INDUSTRIAL DEVELOPMENT PROPOSAL FOR APPROXIMATELY 104 ACRES. THE PROPERTIES ARE IDENTIFIED BY PROPERTY IDENTIFICATION NUMBERS 34-A-2 AND 34-A-4 AND ARE LOCATED IN THE STONEWALL MAGISTERIAL DISTRICT - APPROVED Deputy Director Mohn presented this request to the Board advising the Planning Commission Minute Book Number 29 Board of Supervisors Regular Meeting of 11/12/03 245 held a public hearing on October 1,2003. Two votes were taken regarding this request. Ultimately, the Planning Commission recommended approval of the proposed Northeast Land Use Plan amendment to relocate the planned collector road and to add the business land use designation in the vicinity ofthe intersection of Route 11, and Rest Church Road which coincides with the frontage of the Sempeles site. There was no public input; however, Lloyd Ingram, Traffic Engineer, with VDOT did address the Board concerning this request. Upon motion made by Supervisor Tyler, seconded by Supervisor Smith, the above request to amend the NELUP was approved by the following recorded vote: Richard C. Shickle - Aye Robert M. Sager - Absent Sidney A. Reyes - Aye Gina A. Forrester - Aye W. Harrington Smith, Jr. - Aye Margaret B. Douglas - Aye Lynda J. Tyler - Aye OTHER PLANNING ITEMS SUBDIVISION WAIVER REQUEST OF W ALTER L. GALLAHAN - APPROVED Director Lawrence presented this request advising that Mr. Gallahan is requesting a waiver ofthe Subdivision Ordinance requirements to enable approval for a boundary line adjustment on his property and an adjoining property owned by Ms. Mary K. Heironimous. The properties are located at 2375 and 2417 Brucetown Road (Route 672) in the Stonewall Magisterial District. Mr. Gallahan currently owns approximately 10.03 acres and Ms. Heironimus owns 1.77 acres. Both properties contain an existing dwelling. The boundary line adjustment would add approximately 0.59 acres to Mr. Gallahan's parcel, while Ms. Heironimus' parcel is reduced by that amount. He further advised at the Planning Commission meeting on October 15, Mr. Gallahan stated that his sole objective for the waiver requests was to acquire safe ingress and egress from his home out to Brucetown Road. He further advised this request was denied by the Planning Commission at the meeting of October 15, as many of the Commissioners believed it was possible for Mr. Galllahan to accomplish his goal without the boundary line adjustment. Supervisor Forrester asked if it was necessary for the Board to vote on this as she felt it was a moot point. Supervisor Tyler advised this was being brought forward as a safety issue. Minute Book Number 29 Board of Supervisors Regular Meeting of 11/12/03 246 There was no public input. Upon motion made by Supervisor Tyler, seconded by Supervisor Douglas, the subdivision waiver request of Walter L. Gallahan was approved by the following recorded vote: Richard C. Shickle - Aye Robert M. Sager - Absent Sidney A. Reyes - Nay Gina A. Forrester - Nay W. Harrington Smith, Jr. - Aye Margaret B. Douglas - Aye Lynda J. Tyler - Aye DISCUSSION OF PIPESTEM LOTS ORDINANCE AMENDMENT - TO BE SCHEDULED FOR PUBLIC HEARING Director Lawrence advised during the months of June, July and August of2003 the DRRS (Development Review and Regulations Subcommittee) evaluated a request from Greenway Engineering to allow pipestem lots as an alternative lot design in Frederick County. Pipesteam lots are desired by the development community because they would allow greater design flexibility during subdivision design. The term pipestem lot, often referred to as a flag lot, is a residential lot with a disproportionately narrow strip of land used for access. He further advised early in the analysis ofthis request, the DRRS ruled out the majority of different types of pipe stem lots as viable options. Members believed that there would be too many problems associated with pipestem lots which utilize shared driveways. He further advised in regards to Staffs concerns about adjoining pipe stem lots and the 20' setback, the Planning Commission believed it was worth clarifying in the text that pipestem lots are not to adjoin one another. The Planning Commission was not opposed to increasing the setback from 20' to 35', but it was expressed that they were concerned about pushing the pipestem building envelope too far back. Supervisor Tyler advised of sheds, with some being in peoples front yards. Upon motion by Supervisor Tyler, seconded by Supervisor Smith, Pipestem Lots Ordinance Amendment is to be scheduled for public hearing. The above motion was approved by the following recorded vote: Richard C. Shickle - Aye Robert M. Sager - Absent Sidney A. Reyes - Aye Gina A. Forrester - Aye W. Harrington Smith, Jr. - Aye Margaret B. Douglas - Aye Lynda J. Tyler - Aye Minute Book Number 29 Board of Supervisors Regular Meeting of 11/12/03 247 UPDATE OF REFERENCES IN THE ZONING AND SUBDIVISION ORDINANCES The DRRS has recommended updating state code and other code references found in the Frederick County Zoning and Subdivision Ordinances which are out of date. The state code references are out of date since Chapter 15.1 was updated to 15.2 a few years ago. Those needcd updates were in the Board agenda. At the Planning Commission meeting on October 15, it was noted that a comprehensive revision of the entire zoning and subdivision ordinances remains long overdue. The Commission recommended that the staff proceed with updating the code references as prcsented. Staff is seeking direction and input from the Board concerning the scheduling of a public hearing to amend the zoning and subdivision ordinances as proposed. Upon motion made by Supervisor Tyler, seconded by Supervisor Smith, the Zoning and Subdivision Ordinance Updates are to be scheduled for public hearing. The above motion was approved by the following recorded vote: Richard C. Shickle - Aye Robert M. Sager - Absent Sidney A. Reyes - Aye Gina A. Forrester - Aye W. Harrington Smith, Jr. - Aye 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 TYLER, SECONDED BY SUPERVISOR REYES, THERE BEING NO FURTHER BUSINESS TO COME BEFORE THIS BOARD, THIS MEETING IS HEREBY ADJOURNED. (TIME: 8:57 P.M.) , ~~ Clerk, Board of Supervisors '- , \2-{LJ) ~ Q ~ Richard C. Shickle Chairman, Board of Supervisors Minutes Prepared By: ~<!W'<- <S:l l> ,. 0/lt .. J..-.-/ Carol T. Bayliss I Deputy Clerk, Board of Supervisors Minute Book Number 29 Board of Supervisors Regular Meeting of 11/12/03