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January 14, 2004 Regular Meeting 270 A Regular Meeting ofthe Frederick County Board of Supervisors was held on Wednesday, January 14,2004 at 7: 15 P.M., in the Board of Supervisors' Meeting Room, County Administration Building, 107 North Kent Street, Winchester, V A. PRESENT Chairman Richard C. Shickle; Vice Chairman W. Harrington Smith, Jr.; Gary W. Dove; Bill M. Ewing; Gina A. Forrester; Lynda 1. Tyler, and Barbara E. Van Osten. CALL TO ORDER Chairman Shickle called the meeting to order. INVOCATION In the absence of a minister, the invocation was delivered by Supervisor Dove PLEDGE OF ALLEGIANCE Supervisor Smith led the Pledge of Allegiance. ORGANIZATION OF THE BOARD OF SUPERVISORS FOR 2004 Election of Vice-Chairman Chairman Shickle opened the floor for nominations for the office of Vice-Chairman. Supervisor Ewing nominated Supervisor Van Osten. Supervisor Forrester nominated Supervisor Smith. There being no further nominations, Chainnan Shickle closed the nominations. Supervisor Barbara E. Van Osten was elected Vice-Chairman of the Board of Supervisors for 2004 by the following recorded vote: Richard C. Shickle - Aye W. Harrington Smith, Jr. - Abstained Gary W. Dove - Aye Bill M. Ewing - Aye Gina A. Forrester - Nay Lynda J. Tyler - Nay Barbara E. Van Osten - Abstained Adoption of Rules of Procedure Supervisor Dove moved to amend the rules of procedure to move Citizen Comments from the beginning ofthe meeting to the end of the regular business meeting prior to Board of Supervisors Comments. The motion was seconded by Supervisor Ewing. Supervisor Tyler stated that rather than move the citizen comment period, she would prefer to have two citizen comment periods, one at the beginning and one at the end. She went Minute Book Number 29 Board of Supervisors Regular Meeting of O1!14/04 271 on to say that she would like to see the board members give liaison reports from their respective committees. There being no further discussion, the motion was approved by the following recorded vote: Richard C. Shickle - Aye Barbara E. Van Osten. - Aye Gary W. Dove - Aye Bill M. Ewing - Aye Gina A. Forrester - Nay W. Harrington Smith, Jr. - Aye Lynda 1. Tyler - Nay Upon motion made by Supervisor Dove, seconded by Supervisor Ewing, page 6 of the Frederick County Board of Supervisors' By Laws were amended as follows: Citizen Cvuuu"ut~ Board of Supervisors Comments Minutes County Officials Committee Reports Public Hearings (When Required) Planning Commission Items-Public Hearings (When Required) Planning Commission/Department-Other Items Liaison Reports (If Any) Citizen Comments Board of Supervisors Comments Adjournment Section 4-2. AdoDtion of Al:enda The agenda presented for adoption shall be the agenda prepared and delivered as required in Article Ill. Additions, deletions, or modifications and/or adoption of the agenda shall require the consent of a majority of the members ofthe Board present at the meeting. Section 4-3. Consent Al!enda The Consent Agenda shall be introduced by a motion "to approve the Consent Agenda", and shall be considered by the Board as a single item. There shall be no debate or discussion by any member of the Board regarding any item on the Consent Agenda, beyond asking questions for simple clarification. On objection by any member of the Board of Supervisors to inclusion of any item on the Consent Agenda, that item shall be removed from the Consent Agenda forthwith. Such objection may be recorded at any time prior to completing the taking of a vote on the motion to approve the Consent Agenda. Items which have been objected to and removed from the Consent Agenda shall be acted upon in the original order presented within the agenda. Approval of the motion to approve the Consent Agenda shall constitute approval, adoption, or enactment of each motion, resolution, or other item of business thereon, exactly as if each had been acted upon individually. Section 4-4. Citizen Comments Period Minute Book Number 29 Board of Supervisors Regular Meeting of O1!14/04 I 272 Any person desiring to address the Board of Supervisors at the Citizen Comments period shall be required to abide by the rules governing such presentations as set forth in these rules in... The motion was approved by the following recorded vote: Richard C. Shickle - Aye Barbara E. Van Osten. - Aye Gary W. Dove - Aye Bill M. Ewing - Aye Gina A. Forrester - Aye W. Harrington Smith, Jr. - Aye Lynda J. Tyler - Aye Auuointment of Parliamentarian Supervisor Tyler nominated John R. Riley, Jr., County Administrator, as Parliamentarian or the Board of Supervisors for 2004. There being no further nominations, Administrator Riley was appointed Parliamentarian by the following recorded vote: Richard C. Shickle - Aye Barbara E. Van Osten. - Aye Gary W. Dove - Aye Bill M. Ewing - Aye Gina A. Forrester - Aye W. Harrington Smith, Jr. - Aye Lynda 1. Tyler - Aye Selection of Time and Place of Meetinl! Upon motion made by Supervisor Smith, seconded by Supervisor Forrester, the second and fourth Wednesdays of each month, at 7:15 P.M., in the Board of Supervisors' Meeting Room, County Administration Building, 107 North Kent Street, Winchester, Virginia as the time and meeting place for the Frederick County Board of Supervisors for 2004. The above motion was passed by the following recorded vote: Richard C. Shickle - Aye Barbara E. Van Osten. - Aye Gary W. Dove - Aye Bill M. Ewing - Aye Gina A. Forrester - Aye W. Harrington Smith, Jr. - Aye Lynda J. Tyler - Aye Chairman's Board/Committee Assil:nments Chairman Richard C. Shickle advised that he had most of the appointments completed but still needed to make a couple of more appointments. He advised that he would have these completed by the next meeting. Minute Book Number 29 Board of Supervisors Regular Meeting of O1!14/04 273 ADOPTION OF AGENDA - APPROVED AS AMENDED Administrator Riley advised that he had no additional items to add to the agenda at this time. Chairman Shickle advised that Citizen Comments would be moved to the end of the agenda per the Board's previous action adopting the Rules of Procedure. Upon motion by Supervisor Tyler, seconded by Supervisor Smith, the agenda was approved as amended by the following recorded vote: Richard C. Shickle - Aye Barbara E. Van Osten. - Aye Gary W. Dove - Aye Bill M. Ewing - Aye Gina A. Forrester - Aye W. Harrington Smith, Jr. - Aye Lynda J. Tyler - Aye CONSENT AGENDA Administrator Riley suggested the following tabs for approval under the Consent Agenda: 1. Parks and Recreation Commission Report - Tab L; 2. Road Resolutions - Star Fort, Section III, Cross Creek Village, Section I - Tab T; 3. Subdivision Application #12-03 - Vine Lane Subdivision - Tab R. Upon motion by Supervisor Tyler, seconded by Vice-Chairman Van Osten, the Consent Agenda was approved by the following recorded vote: Richard C. Shickle - Aye Barbara E. Van Osten. - Aye Gary W. Dove - Aye Bill M. Ewing - Aye Gina A. Forrester - Aye W. Harrington Smith, Jr. - Aye Lynda 1. Tyler - Aye MINUTES Upon motion by Supervisor Tyler, seconded by Supervisor Forrester, the minutes of October 8, 2003 were approved by the following recorded vote: Richard C. Shickle - Aye Barbara E. Van Osten. - Abstained Gary W. Dove - Abstained Bill M. Ewing - Abstained Gina A. Forrester - Aye W. Harrington Smith, Jr. - Aye Lynda 1. Tyler - Aye Upon motion by Supervisor Tyler, seconded by Supervisor Smith, the minutes of October Minute Book Number 29 Board of Supervisors Regular Meeting of 01114/04 274 22, 2003 were presented and the following corrections noted: 1. p. 10 "...unfunded mandate or funded..." 2. p. 21 "...trying to rebuild trust..." The minutes were approved by the following reeorded vote: Richard C. Shickle - Aye Barbara E. Van Osten. - Abstained Gary W. Dove - Abstained Bill M. Ewing - Abstained Gina A. Forrester - Aye W. Harrington Smith, Jr. - Aye Lynda 1. Tyler - Aye Upon motion by Supervisor Tyler, seeonded by Supervisor Forrester, the minutes of November 12, 2003 were approved by the following reeorded vote: Richard C. Shickle - Aye Barbara E. Van Osten. - Abstained Gary W. Dove - Abstained Bill M. Ewing - Abstained Gina A. Forrester - Aye W. Harrington Smith, Jr. - Aye Lynda J. Tyler - Aye Upon motion by Supervisor Tyler, seconded by Supervisor Forrester, the minutes of December 10, 2003 were approved by the following recorded vote: Richard C. Shickle - Aye Barbara E. Van Osten. - Abstained Gary W. Dove - Abstained Bill M. Ewing - Abstained Gina A. Forrester - Aye W. Harrington Smith, Jr. - Aye Lynda J. Tyler - Aye Chairman Shickle asked about the length ofthe process for determining whether to use Court Reporters' verbatim minutes or staff action minutes. Administrator Riley responded that the Board would be provided with a set of action minutes at their next meeting along with the verbatim copies. He would ask the Board to give an opinion on the preferred formatting of the minutes as well as feedback on the Court Reporters' format of 1,2 or 4 sheets per page. COUNTY OFFICIALS COMMITTEE APPOINTMENTS KEVIN SCOTT NOMINATED TO SERVE ON THE BOARD OF ZONING APPEALS FROM THE SHAWNEE DISTRICT Minute Book Number 29 Board of Supervisors Regular Meeting of 01/14/04 275 Upon a motion by Supervisor Smith, seconded by Supervisor Tyler, Kevin Scott was nominated to serve on the Board of Zoning Appeals as the representative from the Shawnee District. This is a five year term. The term will begin on January 21,2004 and expire on December 31, 200S. The above motion was approved by the following recorded vote: Richard C. Shickle - Aye Barbara E. Van Osten. - Aye Gary W. Dove - Aye Bill M. Ewing - Aye Gina A. Forrester - Aye W. Harrington Smith, Jr. - Aye Lynda J. Tyler - Aye CHAPTER 10 BOARD Supervisor Tyler Advised that she has been unable to find anyone willing serve on this board. She asked the new Board members to inform her of any possible candidates for this position. CARMEN RIO APPOINTED TO SERVE ON THE INDUSTRIAL DEVELOPMENT AUTHORITY TO FILL THE UNEXPIRED TERM OF GARY DOVE. GAINESBORO DISTRICT Upon a motion by Supervisor Dove, seconded by Supervisor Ewing, Carmen Rio was appointed to fill the unexpired term of Supervisor Dove on the Industrial Development Authority as the representative from the Gainesboro District. The term will begin on January 14, 2004 and expire on November 10,2005. The above motion was approved by the following recorded vote: Richard C. Shickle - Aye Barbara E. Van Osten. - Aye Gary W. Dove - Aye Bill M. Ewing - Aye Gina A. Forrester - Aye W. Harrington Smith, Jr. - Aye Lynda J. Tyler - Aye RHODA KRIZ REAPPOINTED TO SERVE ON THE EXTENSION LEADERSHIP COUNCIL FROM THE GAINESBORO DISTRICT Upon a motion by Supervisor Dove, seconded by Supervisor Ewing, Rhoda Kriz was reappointed to the Extension Leadership Council as the representative from the Gainesboro District. This is a five year term. The term will begin on January 26,2004 and will expire on January 26, 2009. The above motion was approved by the following recorded vote: Richard C. Shickle - Aye Barbara E. Van Osten. - Aye Minute Book Number 29 Board of Supervisors Regular Meeting of 01114/04 276 Gary W. Dove - Aye Bill M. Ewing - Aye Gina A. Forrester - Aye W. Harrington Smith, Jr. - Aye Lynda 1. Tyler - Aye MARGARET B. DOUGLAS APPOINTED TO SERVE ON THE EXTENSION LEADERSHIP COUNCIL FROM THE BACK CREEK DISTRICT Upon a motion by Vice-Chairman Van Osten, seconded by Supervisor Forrester, Margaret B. Douglas was appointed to the Extension Leadership Council as the representative from the Back Creek District. This is a four year term. The term will begin on January 14,2004 and will expire on January 14, 200S. The above motion was adopted by the following recorded vote: Richard C. Shickle - Aye Barbara E. Van Osten. - Aye Gary W. Dove - Aye Bill M. Ewing - Aye Gina A. Forrester - Aye W. Harrington Smith, Jr. - Aye Lynda 1. Tyler - Aye WILLIAM H. GRIM APPOINTED TO SERVE ON THE EXTENSION LEADERSHIP COUNCIL FROM THE OPEOUON DISTRICT Upon a motion by Supervisor Ewing, seconded by Supervisor Dove, William H. Grim was appointed to the Extension Leadership Council as the representative from the Opequon District. This is a four year term. The term will begin on January 24,2004 and will expire on January 24, 200S. The above motion was adopted by the following recorded vote: Richard C. Shickle - Aye Barbara E. Van Osten. - Aye Gary W. Dove - Aye Bill M. Ewing - Aye Gina A. Forrester - Aye W. Harrington Smith, Jr. - Aye Lynda 1. Tyler - Aye RONALD MADAGAN APPOINTED TO SERVE ON THE PARKS AND RECREATION COMMISSION FROM THE OPEQUON DISTRICT Upon a motion by Supervisor Ewing, seconded by Supervisor Tyler, Ronald Madagan was appointed to serve on the Parks and Recreation Commission as the representative from the Opequon District. This is a four year term. The term will begin on January 24, 2004 and will expire on January 24, 200S. Minute Book Number 29 Board of Supervisors Regular Meeting of 01114/04 277 The above motion was adopted by the following recorded vote: Richard C. Shickle - Aye Barbara E. Van Osten. - Aye Gary W. Dove - Aye Bill M. Ewing - Aye Gina A. Forrester - Aye W. Harrington Smith, Jr. - Aye Lynda J. Tyler - Aye GEORGE KRIZ REAPPOINTED TO SERVE ON THE PLANNING COMMISSION FROM THE GAINESBORO DISTRICT Upon a motion by Supervisor Dove, seeonded by Supervisor Van Osten, George J. Kriz was reappointed to serve on the Planning Commission as the representative from the Gainesboro District. This is a four year term. The term will begin on January 26,2004 and will expire on January 26, 2008. The above motion was adopted by the following recorded vote: Richard C. Shickle - Aye Barbara E. Van Osten. - Aye Gary W. Dove - Aye Bill M. Ewing - Aye Gina A. Forrester - Aye W. Harrington Smith, Jr. - Aye Lynda 1. Tyler - Aye GREG L. UNGER REAPPOINTED TO SERVE ON THE PLANNING COMMISSION FROM THE BACK CREEK DISTRICT Upon a motion by Supervisor Van Osten, seconded by Supervisor Ewing, Greg L. Unger was reappointed to serve on the Planning Commission as the representative from the Back Creek District. This is a four year term. The term will begin on January 26, 2004 and will expire on January 26, 2008. The above motion was adopted by the following recorded vote: Richard C. Shickle - Aye Barbara E. Van Osten. - Aye Gary W. Dove - Aye Bill M. Ewing - Aye Gina A. Forrester - Aye W. Harrington Smith, Jr. - Aye Lynda 1. Tyler - Aye JACOUES E. BILLMYER REAPPOINTED TO SERVE ON THE TRANSPORTATION COMMITTEE FROM THE BACK CREEK DISTRICT Upon a motion by Supervisor Van Osten, seconded by Supervisor Forrester, Jacques E. Billmyer was reappointed to serve on the Transportation Committee as the representative from the Minute Book Number 29 Board of Supervisors Regular Meeting of 01/14/04 278 Back Creek District. This is a four year term. The term will begin on January 14,2004 and will expire on January 14, 2008. The above motion was adopted by the following recorded vote: Richard C. Shickle - Aye Barbara E. Van Osten. - Aye Gary W. Dove - Aye Bill M. Ewing - Aye Gina A. Forrester - Aye W. Harrington Smith, Jr. - Aye Lynda J. Tyler - Aye R. K. SHIRLEY. III. APPOINTED TO SERVE ON THE TRANSPORTATION COMMITTEE FROM THE OPEQUON DISTRICT Upon motion of Supervisor Ewing, seconded by Supervisor Dove, R. K. Shirley, III, was appointed to serve on the Transportation Committee as the representative from the OpequonDistrict. This is a four year term. The term will begin on January 24,2004 and will expire on January 24, 2008. The above motion was adopted by the following recorded vote: Richard C. Shickle - Aye Barbara E. Van Osten. - Aye Gary W. Dove - Aye Bill M. Ewing - Aye Gina A. Forrester - Aye W. Harrington Smith, Jr. - Aye Lynda 1. Tyler - Aye PARKS AND RECREATION COMMISSION Supervisor Dove advised that he had been unable to find a candidate to serve as the Gainesboro District representative. Supervisor Tyler advised that Clarence Haymaker would be moving out of the County; therefore, the Board might want to entertain nominations for the member-at-Iarge seat. Chairman Shickle asked Administrator Riley to see if Joyee Goff or Cheryl Swartz would be interested in possibly serving as the member-at-large. PLANNING COMMISSION - STONEWALL DISTRICT Supervisor Tyler advised that she did not have a nominee for this position, but hoped to have one by next month. RALPH BLOOM APPOINTED TO SERVE ON THE TRANSPORTATION COMMITTEE FROM THE TOWN OF MIDDLETOWN Upon a motion by Supervisor Van Osten, seconded by Supervisor Forrester, Ralph Bloom Miuute Book Number 29 Board of Supervisors Regular Meeting of 01114/04 279 was appointed to serve on the Transportation Committee as a representative from the Town of Middletown. This is a one year term. This term will begin on February 13,2004 and will expire February 13,2005. The above motion was adopted by the following reeorded vote: Richard C. Shickle - Aye Barbara E. Van Osten. - Aye Gary W. Dove - Aye Bill M. Ewing - Aye Gina A. Forrester - Aye W. Harrington Smith, Jr. - Aye Lynda J. Tyler - Aye LINDA HYRE. SECRETARY OF ELECTORAL BOARD. ADDRESSED THE BOARD RE: UPDATE ON NEW VOTING MACHINES Electoral Board Secretary Linda Hyre appeared before the Board to give an update on the new voting machines. She began by stating that the Board of Supervisors had authorized the Electoral Board to test new voting machines, in compliance with the Help Ameriea Vote Act. Secretary Hyre advised that they would be testing three different types of machines during the February Democratic Primary election. These tests are being conducted at no cost to the County. The Board would also be conducting poll worker training and voter education during this period as well. The Electoral Board will be distributing survey forms for voters to complete on primary day in an attempt to capture voter feedback before making a final decision. Secretary Hyre concluded by saying that each of the three vendors would have a test machine set up in the registrar's office, which could be utilized on a daily basis. Supervisor Tyler asked if one of the vendors was the same one that did the City of Winchester's conversion. Secretary Hyre responded yes. She also advised that the County would not be testing the same brand of machine that was used by Fairfax County during the November election, which encountered so many problems. She went on to say that the reason for testing the three machines was the Electoral Board felt it would be more advantageous to the County to test as many machines as possible before making a final decision. She concluded by informing the Board that her office would be demonstrating the new machines in each magisterial district next week as a means of informing the public. Supervisor Van Osten asked about a time frame for making a decision on the purehase of Minute Book Number 29 Board of Supervisors Regular Meeting of 01114/04 280 new maehine. Secretary Hyre responded that the time frame changed on a daily basis; however, legislation calls for the new machines to be in place prior to the 2004 November general election. She went on to say that all of the level machines, which are currently utilized, must be replaced by 2006. PRESENTATION AND FUNDING REQUEST BY CARL MAILLER WITH AMERICAN FARMLAND TRUST RE: COST OF COMMUNITY SERVICE STUDY - APPROVED Lewis Costello, member of the Frederick County Farm Board, appeared before the Board on behalf of this item. He began by thanking the Board for their assistanee with the study and for allowing staffto participate. He then introdueed Carl Mailler ofthe American Farmland Trust, who put together the study. Mr. Mailler gave the Board a brief overview of the American Farmland Trust. He advised that his study looked at farmland protection around the County. Mr. Mailler stated that the study looked at the different types of land use in the County (i.e. residential, commercial/industrial, and forest). The study looked at County level services only and not cities and towns. According to the study the revenue breakdown for the County is as follows: - 32% Property Taxes - 40% State Funding - 11 % Other Local Taxes - 9% Other - 4% Permits & Fees - 4% Federal Funding Mr. Mailler informed the Board that the study showed that residential services provided by the County exceeded residential revenues by a ratio of $1.00:$1.19. By comparison, farmland's ratio was $1.00:$0.33 andcommercia1!industrial's ratio was $1.00:$0.23. The study concluded that farms pay more than their fair share of taxes and have a positive impact on the economy. Supervisor Van Osten asked what strategies the Farmland Trust recommended to insure the viability of farm land. Mr. Mailler responded that the tools his organization used were preservation of the land either through purchase of development rights or clustered developments, to name a few, and economic viability through farm coops, products, etc. He concluded by saying that strategies had to be tailored to each local situation. Chairman Shickle asked Mr. Mailler if he were to take the amount of the farmland assessments and multiply it by the $1.19 figure from the ratio, would that give an accurate cost of the farming community. Minute Book Number 29 Board of Supervisors Regular Meeting of 01/14/04 281 Mr. Mailler responded that the figure would be skewed because there is much more that goes into the calculation formula. Supervisor Dove asked how Frederick County's 80% residential revenue compared to other jurisdictions studied. Mr. Mailler responded that the percentage of revenue was hard to compare because of the different assessed values placed on farmland around the United States. Upon a motion by Vice-Chairman Van Osten, seconded by Supervisor Forrester, the Board of Supervisors authorized the County Administrator to reimburse the Farm Bureau $7,250.00 for the cost of this study. The above motion was adopted by the following recorded vote: Richard C. Shickle - Nay Barbara E. Van Osten. - Aye Gary W. Dove - Aye Bill M. Ewing - Aye Gina A. Forrester - Aye W. Harrington Smith, Jr. - Aye Lynda J. Tyler - Aye REQUEST FOR FUNDING FROM REGIONAL COMMISSION RE: MITIGATION PLAN - APPROVED NORTHERN SHENANDOAH VALLEY PARTICIPATION IN ALL-HAZARD Stephen Kerr, Executive Director, NSR VC, appeared before the Board on behalf ofthis item. He advised that the Virginia Department of Emergency Management would like to see mitigation plans done on a regional basis. The request before the Board is to participate as a member. This is a federal program that would require a 25% match from the region. It is Director Kerr's understanding that the State will pay for 20% ofthe match, which leaves the participating members to come up with the remaining 5%. Director Kerr advised that he was trying to find out ifin kind services could be used to meet the 5% match. If they cannot be used, then each participating jurisdiction is looking at contributing just over $1,000 each to meet the 5% match. Supervisor Dove asked Director Kerr ifhe had talked to the other participating jurisdictions. Director Kerr responded that he had not been in contact with Page or Clarke Counties, but the other jurisdictions had responded favorably. Administrator Riley advised that Directors DuBrueler, Strawsnyder, and Lawrence would be take the lead for the County on this issue. He concluded by saying that he did not think the County had a choice when it came to partieipating. Minute Book Number 29 Board of Supervisors Regular Meeting of O1!14/04 Upon a motion by Supervisor Dove, seconded by Supervisor Forrester, the Board approved the Letter ofIntent to Participate in the Preparation of a Regional All-Hazards Mitigation Plan. The above motion was adopted by the following recorded vote: Richard C. Shickle - Aye Barbara E. Van Osten. - Aye Gary W. Dove - Aye Bill M. Ewing - Aye Gina A. Forrester - Aye W. Harrington Smith, Jr. - Aye Lynda 1. Tyler - Aye SANITATION AUTHORITY REQUEST FOR BOARD'S DIRECTIVE AUTHORIZING AUTHORITY TO CONDUCT FEASIBILITY STUDY OF: LAKE HOLIDAY UTILITY SYSTEMS - APPROVED - AND COMMENTS ON BURBEY REPORT Frederick County Sanitation Authority Director Wellington Jones appeared before the Board on behalf of these items. He advised that the Sanitation Authority has been approached by the Lake Holiday Utility System regarding a possible take over of the Lake Holiday system. He stated that the Sanitation Authority has discussed the need to study the feasibility of a possible take over, but they wanted to get direetion from the Board of Supervisors before undertaking this study. Director Jones advised that if the system is accepted by the Sanitation Authority then the County's Comprehensive Plan would have to be amended. He concluded by saying that the Sanitation Authority was asking for approval to undertake the feasibility study fora possible take over. Chairman Shickle advised that he felt it would be good for Director Jones to address the Board on this issue. He asked Administrator Riley to give guidance on the thought processes the Board should consider on this issue. Administrator Riley advised that one area to consider would be the long term viability ofthe system. He felt the Sanitation Authority would have the necessary expertise to upgrade the system as well as comply with the Department of Environmental Quality's requirements. Administrator Riley went on to advise that amendment of the Comprehensive Plan would be making the Board's policies and plans consistent with regard to how utility services are provided in the County. Assistant Administrator Tierney advised that the current Lake Holiday situation pre-dates the Comprehensive Plan, which states that any shared utility system in the County must be run by the Frederick County Sanitation Authority. Supervisor Forrester asked about user rates for Lake Holiday system customers. Minute Book Number 29 Board of Supervisors Regular Meeting of 01/14/04 283 Director Jones responded that ifthe Sanitation Authority were to take over the system, then it must stand on its own because the Authority would not subsidize this system from the Authority's existing customer base. Supervisor Tyler asked if the Sanitation Authority would have to apply for a new permit, should they take over this system. Director Jones responded that the eurrent permit would transfer. Supervisor Smith asked ifthe feasibility study would be conducted in house or by an outside firm. Director Jones responded that the majority of the study would be conducted in house. Supervisor Forrester asked if this take over was to also expand the number of users at the Summit. Director Jones responded that he did not believe the Authority's take over would allow more expansion, because the Authority does not determine expansion. Supervisor Forrester asked about advantages and disadvantages of this proposal. Administrator Riley responded that with the Authority owning the system then it becomes more of an administrative responsibility with maintenance costs, etc. Supervisor Dove advised that he was concerned because he did not want any money to come from existing Authority customers. Director Jones responded that the current Summit customers pay a flat fee of $800/year versus $500/year paid by existing Authority customers. He believed that part of the Lake Holiday system's problem was that it was being managed by part-time rather than full-time staff. Supervisor Van Osten asked Director Jones who would bear the cost of expansion. Director Jones responded that ultimately the users of the system would bear the cost. He went on to say that he did not know how extensive the upgrades to the system would be. Chairman Shickle asked where the people in Lake Holiday would be in the event it was not cost effeetive to take over the system. Director Jones responded that he believed the study could make it work. He went on to say that it was his hope that the Authority could operate and improve the system without raising the rates. He concluded by saying that the Lake Holiday system would not be incorporated into the existing Authority system because it is located too far out. Miuute Book Number 29 Board of Supervisors Regular Meeting of 01114/04 284 Supervisor Smith asked ifthe current Lake Holiday installation was at capacity now. Mr. Jones responded that he did not know. Assistant Administrator Tierney advised that the Summit had just gone through an expansion to accommodate 400 houses and the installation had the ability for additional expansion. He went on to say that the homeowners association and the Utility Company agreed to approach the authority and they know that they will have to pay their own way. He went on to say that years of deferred maintenance eaused the rates to be higher. He concluded by saying that homeowners association desire for professional management caused them to approach the Sanitation Authority. Upon a motion by Supervisor Dove, seconded by Supervisor Smith, the Board of Supervisors authorized the Frederick County Sanitation Authority to undertake the feasibility study regarding the Lake Holiday Utility System. The above motion was adopted by the following recorded vote: Richard C. Shickle - Aye Barbara E. Van Osten. - Aye Gary W. Dove - Aye Bill M. Ewing - Aye Gina A. Forrester - Aye W. Harrington Smith, Jr. - Aye Lynda 1. Tyler - Aye Director Jones reviewed the water study conducted by Dr. Burbey. The study looked at the aquifer at the southern part ofthe county. The test involved two phases: 1. Diseovery Phase - Allow the quarries to recharge. 2. Long term pumping phase - 3 million gallons per day. He went on to say that the high precipitation did not allow the study to stress the quarries as much as they had hoped. The study provided the following conclusions: I. Pumping from the quarry creates extensively localized draw down. 2. Weather conditions cause fluctuations in water levels. 3. Evapotranspiration is a major cause of water level fluctuation. 4. The flow model is an excellent tool to gauge water resources; especially in a drought. Chairman Shickle asked ifthis study would have altered any of the time tables provided in the previous water studies. Director Jones responded no, but this study did prepare a ground water model, which gives a better guide. Minute Book Number 29 Board of Supervisors Regular Meeting of 01114/04 285 Chairman Shiekle thanked Director Jones for his presentation. REQUEST FROM REGIONAL JAIL SUPERINTENDENT FOR TRANSFER OF FUNDS-APPROVED Administrator Riley presented this request on behalf ofthe Regional Jail. Upon a motion by Supervisor Smith, seconded by Supervisor Forrester, the Board of Supervisors approved the following transfer of funds request: Request approval of the Finanee Committee to transfer funds as indieated below: Amount Transfer from $800.00 5408-0 I Tires & Parts $4,000.00 5409-00 Police Supply $830.00 5409-00 Police Supply $1,500.00 5409-00 Police Supply $9,480.00 1001-053 Nurse Pas. $3,500.00 5604-0 I Cont. for Main. $1064.00 5604-01 Cant. for Main. $1,200.00 5604-0 I Cant. for Main. $3,500.00 5604-01 Cant. for Main. Transfer to Purpose 3006-00 Printing Increased Population using more forms. 5506-000 Unscheduled training opportunities have depleted funding 5413-00 Other Kitchcn rack needed for Health Inspection and two broken chairs require immediate replacement 8002-00 Furniture New expanded gun arsenal (guns) required additional storage space. Cost for two new cabinets. 5600-00 Cont. to Civic Additional funds needed for payment of teacher salary. 3007-00 Advertising Continued advertising has depleted line item 5410-00 Uniforms Incentive Program for earned stripes and patches 8007-00A.D.P. Replace digital cameras, video camera, printer for digital units. 3010-00 Contract Svc. Increased costs for Trash removal and Pest Control due to expanded use and increased inmate population. The above motion was adopted by the following recorded vote: Richard C. Shickle - Aye Barbara E. Van Osten. - Aye Gary W. Dove - Aye Bill M. Ewing - Aye Gina A. Forrester - Aye W. Harrington Smith, Jr. - Aye Lynda J. Tyler - Aye REQUEST FROM THE COMMISSIONER OF REVENUE FOR REFUND - LNS. INC OR NERANGIS ENTERPRISES - APPROVED Upon a motion by Supervisor Dove, seconded by Supervisor Van Osten, the Board of Supervisors approved the refund request for LNS, Inc. or Nerangis Enterprises in the amount of $12,025.07. The above motion was adopted by the following recorded vote: Richard C. Shickle - Aye Barbara E. Van Osten. - Aye Gary W. Dove - Aye Bill M. Ewing - Aye Gina A. Forrester - Aye Minute Book Number 29 Board of Supervisors Regular Meeting of 01/14/04 286 W. Harrington Smith, Jr. - Aye Lynda J. Tyler - Aye RESOLUTION (#031-04) OF SUPPORT FOR THE AMERICAN BATTLEFIELD PROTECTION PROGRAM (ABPP) GRANT APPLICATION OF THE KERNSTOWN BATTLEFIELD ASSOCIATION - APPROVED Assistant Administrator Tierney advised that the Board had received this request from the Kernstown Battlefield Association for a letter of endorsement for their grant application. He explained that the group was not asking for money but simply a letter of support. He concluded by saying that staff feels this is a reasonable request. Upon a motion by Supervisor Smith, seconded by Supervisor Forrester, the Board of Supervisors adopted the following resolution: A Resolution of Support for the American Battlefield Protection Program (ABPP) Grant Application of the Kernstown Battlefield Association WHEREAS, The Frederiek County Board of Supervisors has demonstrated a strong commitment to historic preservation and the development of heritage throughout Frederick County; and WHEREAS, This commitment has included providing financial support in excess of $477,000.00 toward efforts to purehase and protect the Kernstown Battlefield Association (KBA) property, as well as administering a past ABPP grant for the property; and WHEREAS, The current application to produee a structure report on the Pritchard House is a logieal follow up to the past ABPP grant which produced an overall Resource Management Plan for the entire KBA property; NOW, THEREFORE, BE IT RESOLVED, That the Frederick County Board of Supervisors does hereby commend the preservation efforts ofthe Kernstown Battlefield Association and declares its full support for their ABPP grant application. Adopted this 14th day of January 2004. The above motion was adopted by the following recorded vote: Richard C. Shickle - Aye Barbara E. Van Osten. - Aye Gary W. Dove - Aye Bill M. Ewing - Aye Gina A. Forrester - Aye W. Harrington Smith, Jr. - Aye Lynda 1. Tyler - Aye REQUEST TO SCHEDULE A PUBLIC HEARING FOR CONSIDERATION OF REZONING A TEN ACRE PARCEL IDENTIFIED AS PIN 44-A-17 (RP TO RA)- POSTPONED FOR TWO WEEKS Administrator Riley advised the Board that the applicant has withdrawn the request for approval of a master development plan and would like to talk to staff to see if a middle ground can Minute Book Number 29 Board of Supervisors Regular Meeting of 01114/04 287 be reached. He concluded by saying that the requested action was to postpone action for two weeks. Upon a motion by Supervisor Van Osten, seconded by Supervisor Ewing, the Board of Supervisors postponed this request for two weeks. The above motion was adopted by the following recorded vote: Richard C. Shickle - Aye Barbara E. Van Osten. - Aye Gary W. Dove - Aye Bill M. Ewing - Aye Gina A. Forrester - Aye W. Harrington Smith, Jr. - Aye Lynda J. Tyler - Aye REQUEST FOR INCLUSION OF THE ROUTE 37 EAST ROAD PROJECT IN THE 1-81 PPTA PROCESS - (RESOLUTION #033-04) - APPROVED Planning Director Eric Lawrence and VDOT Engineer Jerry Copp appeared before the Board on behalf of this item. Director Lawrence advised that the resolution before the Board was to forward a recommendation to the 1-81 advisory panel to include the Route 37 East road project in the 1-81 PPTA proposal. The resolution identifies Route 37 as a key element to the 1-81 improvements, especially the northwest section and the southern section conneeting 1-81 with Route 522. Director Lawrence stated that there was an opportunity to fund a this proj ect under PPT A. He concluded by saying that there was a public meeting tomorrow and staff was prepared to present the resolution adopted at the November meeting as well as discuss this resolution. Supervisor Tyler asked if this was put back on the agenda as a toll road. Engineer Copp responded that it was too early to tell. He went on to say that if the Board goes forward he predicts that this will not get involved in the toll part ofthe project. He went on to say that the finance plan would include the financing of Route 37. Supervisor Tyler asked ifthe project would still have to go through the environmental impact study process. Engineer Copp responded that the project would have to go through the environmental impact study process before construction could begin. Supervisor Forrester asked Director Lawrence if he was suggesting that just these two segments be approved. Director Lawrence responded that he was open to suggestions, but he felt the two segments would benefit 1-81. Minute Book Number 29 Board of Supervisors Regular Meeting of 01/14/04 288 Upon a motion by Supervisor Dove, seeonded by Supervisor Ewing, the Board of Supervisors approved the Resolution to request the Commonwealth Transportation Board include Route 37 East when considering all Public Private Transportation Act (PPTA) proposals for improvements to the 1-81 corridor. After some discussion, Administrator Riley advised that the Board might want to remove the statement "Whereas, the Frederick County Board of Supervisors requests that Route 37 East be included in the Primary & Interstate Road Improvement Plan." Supervisor Dove agreed to that amendment. The amended resolution is as follows: RESOLUTION OF THE FREDERICK COUNTY BOARD OF SUPERVISORS To request the Commonwealth Transportation Board include Route 37 East when considering all Public Private Transportation Act (PPTA) proposals for improvements to the 1-81 corridor. WHEREAS, Route 37 East has been identified as an important and necessary component of the regional transportation system; and WHEREAS, Route 37 East has been a part ofthe Frederick County Comprehensive Policy Plan for over a decade, included in various land use plans as well as the Eastern Road Plan; and WHEREAS, Route 37 East has been identified as a key regional transportation component in the Winchester Area Transportation Study (W A TS); and WHEREAS, the no-through truck traffic prohibition on Route 17 in Fauquier County has resulted in an increase in heavy truck traffic on Route 522 South and Interstate 81 Exit 313, and Interstate 81 construction could benefit from utilizing the segment of Route 37 East from 522 South to Interstate 81 Exit 310 to re-route traffic from Interstate 81 Exit 313; and WHEREAS, the Interstate 81 construction could benefit by utilizing the segment of Route 37 East from north of Stephenson to west ofI -81 Exit 317 to re-route traffic; and NOW, THEREFORE, BE IT RESOLVED, that the Frederick County Board of Supervisors does hereby request that the Commonwealth Transportation Board consider constructing Route 37 East as part of the 1-81 PPTA improvement program. Passed this 14th day of January 2004. The above resolution was adopted by the following recorded vote. Richard C. Shickle - Aye Barbara E. Van Osten. - Aye Gary W. Dove - Aye Bill M. Ewing - Aye Gina A. Forrester - Nay W. Harrington Smith, Jr. - Nay Lynda J. Tyler - Nay REOUESTFROMTHE COUNTY ADMINISTRATOR TO TRANSFER FUNDS FOR Minute Book Number 29 Board of Supervisors Regular Meetiug of 01/14/04 289 THE OFFICE RENOVATIONS FOR PUBLIC WORKS. INSPECTIONS. PLANNING AND DEVELOPMENT. AND COMMONWEALTH ATTORNEY- APPROVED Administrator Riley advised that this item had been presented to the Board at last week's work session and that the transfer of funds would come from the Gypsy Moth Program. He concluded by saying that staff requested approval. Upon a motion by Supervisor Smith, seconded by Supervisor Tyler, the Board of Supervisors approved the General Fund transfer request to transfer $80,000 from the Gypsy Moth Spraying Program funds for the office renovations for Public Works, Inspections, Planning and Development, and Commonwealth Attorney. The above motion was adopted by the following recorded vote: Richard C. Shickle - Aye Barbara E. Van Osten. - Aye Gary W. Dove - Aye Bill M. Ewing - Aye Gina A. Forrester - Aye W. Harrington Smith, Jr. - Aye Lynda J. Tyler - Aye COMMITTEE REPORTS PARKS AND RECREATION COMMISSION - APPROVED UNDER CONSENT AGENDA The Parks and Recreation Commission met on December 9, 2003. Members present were: Charles Sandy, Robert Hartman, John Powell, Clarence Haymaker, Steven White, Cheryl Swartz, Victoria Keelon, Joyce Goff, Lynda Tyler Submitted for Board Information Onlv: New Business: 1. Department 2004-2005 Budl!et Request - Mr. Hartman moved to approve the department's 2004-05 operating budget request, second by Ms. Duvall, carried unanimously (8-0). 2. Mr. Hartman moved to accept the department's 2004-05 capital budget request based on the deletion of the sewer line hookup at Clearbrook Park and the addition of $6,000,000 for an indoor aquatic facility, second by Mrs. Keelon, carried unanimously (8-0). 3. Executive Session, VA Code Section 2.2-3711. Subsection A(3) Acquisition and Disuosition of Real Estate - Mr. Powell moved to reject the proposal submitted, second by Mrs. Swartz, carried unanimously (8-0). Administrator Riley advised that both of these items were tied to the budget amendment public hearing and asked that they be considered under that item. LANDFILL OVERSIGHT - APPROVED UNDER TAB 0 (PUBLIC HEARING) The landfill oversight committee met on Monday, December 8, 2003, at 8:00 a.m. All Minute Book Number 29 Board of Supervisors Regular Meeting of 01114/04 290 committee members were present except Jim Wilson and Mike Noel. The following issues were discussed: 1. Proposed Equipment Purchase: The Landfill Manager, Mr. Steve Frye, requested approval to purchase two (2) new pieces of heavy equipment: a 50 ton trash compactor and a 35 ton rock truck. These two (2) pieces of equipment had previously been recommended in a report prepared by SCS Engineers as essential to improving our landfill operations. Costs for these items have been estimated at $570,000 and $380,000 for the trash compactor and rock truck, respectively. A motion was made by Gary Lofton and seconded by Dave Ash to endorse the purchase of the 50 ton trash compactor and 35 ton rock truck. An estimated supplemental appropriation of $950,000 will be required to fund these purchases. A public hearing will be required because the budget change exceeds $500,000. 2. Fiscal Year 2004/2005 Budl!et Prooosal: A total budget of$6,327,638 is proposed for the landfill for Fiscal Year 2004/2005. In keeping with previous budgets, this budget amount is being driven by the estimated revenue rather than expenditures. The difference has been included in the reserve for contingency line item. Basically, the budget is being provided for information only. Final approval will be required from each respective jurisdietion before adoption. 3. 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 or disposition of real estate related to landfill expansion. PUBLIC WORKS COMMITTEE - APPROVED UNDER TAB 0 (PUBLIC HEARING) The Public Works Committee met on Tuesday, December 9,2003 at 8:00 a.m. All members were present except Jim Wilson. The following items were discussed: ***Items Requiring Action*** 1. Heavv Equipment Purchase - Landfill The Landfill Manager, Mr. Steve Frye, presented a request to purchase a 50 ton trash compactor and a 35 ton rock truck at a total estimated cost of$950,000. This equipment is necessary to improve the daily operation of the landfill. This request was reviewed and endorsed by the landfill oversight committee on December 8, 2003. A motion was made by George Ludwig and seconded by Jim Vickers to endorse this request for the purchase of the subjeet equipment at a total cost of $950,000. A public hearing will be required because ofthe magnitude ofthe request. Funds are available in the landfill reserve account to accommodate this supplemental appropriation. **Items Not Requiring Action** 1. Review Solid Waste Collection Proposals The Director of Public Works presented a summary of the results of the Request for Proposals for the county's solid waste collection contract. The only respondent was Browning Ferris Industries (BPI) who has our current hauling contract. After reviewing the proposal sunnnary, the committee unanimously recommended that a new contract be issued to BFI with the revised unit rates. The contract will be structured as a three (3) year term with two (2), one year options. 2. Review Fiscal Year 2004/2005 Bud~ets Minute Book Number 29 Board of Supervisors Regular Meeting of 01114/04 291 The Director of Public Works presented the proposed Fiscal Year 2004/2005 budgets for the committee's review and comment. A brief summary ofthe budgets is included as Attachment 1. The proposed budgets will be submitted to the Finance Department on December 10,2003. 3. Miscellaneous Reoorts a. Tonnage Report (see Attachment 2) b. Recycling Report (see Attachment 3) c. Animal Shelter Dog Report (see Attachment 4) d. Animal Shelter Cat Report (see Attachment 5) The Board consented to Administrator Riley's request. PUBLIC HEARING PUBLIC HEARING - (RESOLUTION #032-04) - 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-APPROVED: A Landfill Fund Suoolemental Aoorooriation in the Amount of $950.000. This Amount Represents the Need to Purchase Two Pieces of Heavy Equipment for the Landfill. School Construction Fund Supplemental Appropriation in the Amount of $850.898. This Amount Represents Land Purchase and Some Initial Design/Scoping Services for the 11 th Elementary School. Administrator Riley advised that the landfill appropriations would go towards the purchase of two pieces of equipment. He stated that the funds are available, but need to be appropriated. He concluded by saying that likewise the school funds are available, but need to be appropriated. Chairman Shickle opened the public hearing and asked for any public comments on these items. There being no public comments, Chairman Shickle closed the public hearing. Upon a motion by Supervisor Tyler, seconded by Supervisor Smith, the Board of Supervisor adopted the following resolution: RESOLUTION FISCAL YEAR 2003-2004 BUDGET AMENDMENT WHEREAS, the Frederick County Board of Supervisors, meeting in regular session and public hearing held on January 14, 2004, took the following action: NOW, THEREFORE, BE IT RESOLVED, by the Board of Supervisors thatthe FY 2003- 2004 Budget be Amended to Reflect: A Landfill Fund Supplemental Appropriation in the Amount of $950,000. This Amount Represents the Need to Purchase Two Pieees of Heavy Equipment for the Landfill. Sehool Construction Fund Supplemental Appropriation in the Amount of $850,898. This Minute Book Number 29 Board of Supervisors Regular Meeting of 01/14/04 292 Amount Represents Land Purehase and Some Initial Design/Scoping Services for the 11 th Elementary School. ADOPTED, this 14th day of January, 2004. The above resolution was adopted by the following recorded vote: Richard C. Shickle - Aye Barbara E. Van Osten. - Aye Gary W. Dove - Aye Bill M. Ewing - Aye Gina A. Forrester - Aye W. Harrington Smith, Jr. - Aye Lynda J. Tyler - Aye PLANNING COMMISSION BUSINESS PUBLIC HEARINGS PUBLIC HEARING - REZONING #12-03 OF CRAFTSMAN AUTO BODY. SUBMITTED BY PAINTER-LEWIS, PLC, TO REZONE 2.38 ACRES FROM B2 (BUSINESS. GENERAL) DISTRICT TO B3 (INDUSTRIAL TRANSITION) DISTRICT. THIS PROPERTY IS LOCATED AT THE INTERSECTION OF VALLEY PIKE (ROUTE 11) AND PROSPERITY DRIVE. AND IS IDENTIFIED WITH PROPERTY IDENTIFICA nON NUMBER 75-A-2E IN THE BACK CREEK MAGISTERIAL DISTRICT - DENIED Planner II Jeremy Camp presented this item to the Board. He advised this proposed rezoning would accommodate an auto body shop and future auto lease facility. The property is located in the Back Creek Magisterial District and is part of the Route 11 Land Use Plan as identified in the Frederick County Comprehensive Plan as well as part ofthe Urban Development Area. He went on to say that there are no environmental features located on the property and the proposed traffic increase would be less than 1 %. Planner II Camp reviewed the proposed proffer statement, which included: . Installation of storm water runoff quality treatment facility. . Other than SIC 75, which accounts for auto repair and auto leasing, the applicant has proffered to prohibit all uses in the B3 (Industrial Transition) District that are not also allowed in the B-2 (Business General) District. . No entranee from Valley Pike will be permitted. . Compliance with the submitted "General Development Plan". . Complianee with the submitted "Architectural Rendering Concept". . compliance with the submitted parking plan for vehicles awaiting repair. . All freestanding signage will be limited to a monument style sign in conformance with the submitted illustration. Planner II Camp went on to say that the Planning Commission recommended denial of the application because the use was not compatible with the adjacent properties. He concluded by saying that staff had been contacted by the applicant advising that they would not be represented tonight. Minute Book Number 29 Board of Supervisors Regular Meeting of 01114/04 293 Chairman Shickle opened the public hearing on this item. There being no public comments, Chairman Shickle closed the public hearing. Upon a motion by Supervisor Van Osten, seconded by Supervisor Smith, the Board of Supervisors denied Rezoning #12-03. The above motion was adopted by the following recorded vote: Richard C. Shickle - Aye Barbara E. Van Osten. - Aye Gary W. Dove - Aye Bill M. Ewing - Aye Gina A. Forrester - Aye W. Harrington Smith, Jr. - Aye Lynda 1. Tyler - Aye PUBLIC HEARING - REZONING #07-03 OF NORTH STEPHENSON. INC.. SUBMITTED BY GREENWAY ENGINEERING. TO REZONE 6.10 ACRES OF A 37.92 ACRE PARENT TRACT FROM RA (RURAL AREAS) DISTRICT TO B3 (BUSINESS INDUSTRIAL TRANSITION) DISTRICT. THIS PROPERTY IS LOCATED ALONG REDBUD RUN (ROUTE 661). APPROXIMATELY 400 FEET SOUTH OF THE INTERSECTION WITH MARTINSBURG PIKE (US ROUTE 11 ), AND IS IDENTIFIED WITH PROPERTY IDENTIFICATION NUMBER 43-A-152 IN THE STONEWALL MAGISTERIAL - POSTPONED FOR 90 DAYS Planner II Abbe Kennedy presented this item to the Board. She reviewed the request from Greenway Engineering to rezone 6.10 acres located in the Northeast Land Use Plan. She advised that all but two adjacent residential properties are owned by the applicant. She informed the Board that the property contains the Seven Oaks structure, whieh will be impaeted by the 1-81 improvements; however, the structure will be inventoried if and when it is impacted. The applicant has prohibited gas station and truck stop uses as part ofthe proffer statement. The proposed use is estimated to generate an additional 350 vehicle trips per day. Planner II Kennedy reviewed the proposed proffers for this site: - The applicant proffers to prohibit certain uses on the site including: air transportation; gasoline service stations including truck stops; drive in motion picture theaters; golf driving ranges and miniature golf courses; adult retail uses and commercial telecommunications towers. This prohibition applies to the 6.10 acre site only. - The applicant proffers to provide access to the subject site that will enable traffic to access Martinsburg Pike via the new collector road identified in the Comprehensive Plan when the 1-81 improvements occur. - The applicant proffers to dedicate the right of way necessary for improvements at the 1- 81 Exit 317 interchange area within 180 days of preliminary engineering approval. - The applicant proffers a monetary contribution toward signalization at either the intersection of Martinsburg Pike (Route 11 North) and Red Bud Run Road (Route 661) or at the new eolleetor road intersection identified in the Comprehensive Policy Plan and Route 11 North, whichever is warranted first by VDOT. Minute Book Number 29 Board of Supervisors Regular Meeting of 01114/04 294 - The applicant proffers the dedication of a 50 foot right of way to the County to provide access to the 6.10 acre site, which will allow traffic to access Martinsburg Pike at the new collector road either when the 1-81 improvements are completed or when the structural square footage on the 6.10 acres exceeds 65,000 square feet. The constructions costs may be utilized as the local match for the Revenue Sharing Program should VDOT determine to complete the connection from the 6.10 acre site to Red Bud Run. - The applicant proffers to complete a Traffic Impact Analysis if the initial site plan has a land use with traffic projections exceeding 350 vehicle trips per day. The applicant further proffers to complete any improvements deemed necessary by this analysis. - The applicant proffered a double row of evergreen trees within a ten-foot landscape easement on parcels 43-A152 and 43-A-151A owned by North Stephenson, Inc. A single row of evergreen trees along the real property line from parcels 43C-3-9 to 43C-6. - The applicant has proffered to contribute $500 for Frederick County Fire and Rescue to be directed to Clearbrook Volunteer Fire and Rescue Company for capital faeilities costs. Planner II Kennedy advised that the Planning Commission considered this item at its August 6, 2003 meeting and expressed eoncern about this being a split zoned parcel as well as having concerns about traffic impacts. The Planning Commission recommended denial of this proposed rezoning. Chairman Shickle asked for guidance from staff as to how this particular application differs from other split zonings that have come before the Planning Commission and the Board. Director Lawrence responded that with regard to this application, staff is looking at road improvements due to the parcel's proximity to Route 11 and 1-81; therefore, staff felt they should look at the big picture and not just incremental pieces. Mr. Evan Wyatt, Greenway Engineering, addressed the Board on the applicant's behalf. He advised that the grand seheme for this site is to locate a truck sales and leasing facility on the 6.10 acres and therefore his firm has been asked to address a specific request for this parcel. He went on to say that the applicant is trying to zone the parcel correctly, accounting for the future. Mr. Wyatt explained that the issues were not refined in August of2003 to a point that the Planning Commission was comfortable with the application. He advised that the applicant was not willing to proffer a single use on the property. Mr. Wyatt stated that the applicant has revised the proffer statements to address traffic concerns and tried to create a statement that would protect both the County and VDOT. He went on to say that the wording for the traffic impact requirements was important and he had spoken with Attorney Ambrogi. If the County accepts the proposed rezoning, the applicant would agree to change the proffer wording from "initial" site plan to "any" site plan. Supervisor Tyler asked Lloyd Ingram, Transportation Engineer with VDOT, how the 350 Minute Book Number 29 Board of Supervisors Regular Meeting of 01/14/04 295 vehicle trips per day was derived. Engineer Ingram responded that VDOT uses trip generation figures from other similar facilities. Supervisor Tyler asked what would happen if a different use locates on the property, which generates in excess of 350 vehicle trips per day. Engineer Ingram responded that the 350 trip thresh hold was put into plaee for that reason. He went on to say that VDOT would use their trip generation manual to determine the estimated vehicle trips per day for the proposed use. Supervisor Ewing asked what the fiscal impact would be to the County. Planner II Kennedy responded that Fire & Rescue would be the only services impacted. Director Lawrence stated that the fiscal impact would be positive because it was a commercial use. Supervisor Van Osten stated that she had trouble with the fact that this was a split zoned parcel. Planner II Kennedy advised that split zoned parcels are typically not encouraged. Attorney Ambrogi advised that the proffers would have to be confined to the rezoned parcel and not include the adjoining parcel. Chairman Shickle asked for a clarification on the proffer statement since the version he read was signed off by Attorney Ambrogi stating that they were in conformance, but now he is hearing otherwise. Deputy Director Mohn responded that the proffers are in legal form; however, the issue becomes one of enforcement if they are applied to an adjoining parcel. Chairman Shickle asked how the signalization proffer would be enforced. Deputy Director Mohn responded that it could be enforced because VDOT owns the right of way. He concluded by saying that staff has not seen the proffer changes that the applicant and Attorney Ambrogi have discussed; however, the existing proffer statement is ambiguous. Chairman Shickle opened the public hearing on this item. Pat Gochenour, Red Bud District and Planning Commission Member, spoke in opposition to Rezoning #07 -03 because it would introduce a split zoned parcel into a critieal area of the County and was located 400 feet south of a failing interseetion (Route 661/Route 11). She went on to say Minute Book Number 29 Board of Supervisors Regular Meeting of 01114/04 296 that there were too many unanswered question and that in her opinion there had been a number of important issues brought up this evening with no answers. She concluded by saying that the proposed generation of extensive traffic would negatively impact the nearby intersection and she encouraged denial of this request. There being no further comments, Chairman Shickle closed the public hearing. Supervisor Tyler stated that there were a lot of questions concerning the split parcel and split zonmg. Upon a motion by Supervisor Tyler, seconded by Supervisor Van Osten, the Board of Supervisors deferred Rezoning #07-03 for 90 days in order that staff could address some of the outstanding questions and issues. Supervisor Dove stated that he hoped this action does not send the signal that industry is not wanted in the area. Supervisor Forrester advised that she would like the applicant to come forward with a proffer statement that is not as ambiguous. There being no further discussion, the above motion was adopted by the following recorded vote: Richard C. Shickle - Nay Barbara E. Van Osten. - Aye Gary W. Dove - Aye Bill M. Ewing - Aye Gina A. Forrester - Aye W. Harrington Smith, Jr. - Aye Lynda 1. Tyler - Aye OTHER PLANNING ITEMS SUBDIVISION APPLICATION #12-03 - VINE LANE SUBDIVISION - APPROVED UNDER CONSENT AGENDA This property is located 2.2 miles south of Front Royal Pike (Route 522) from the Intersection of Route 522 and Route 50. Turn left onto Vine Lane and the property is on the right, past the S.W.M. pond, situated in the Shawnee Magisterial District, identified as Property ID Number 64-2-D, and zoned RP (Residential Performance) District. The current use of the land is vacant. The applicant is proposing to subdivide the 1.15 acre parcel into three lots. DISCUSSION OF 2004-2005 CAPITAL IMPROVEMENTS PLAN (CIP) - SCHEDULED FOR PUBLIC HEARING Planner II Kennedy reviewed the draft Capital Improvements Plan with the Board. She Miuute Book Number 29 Board of Supervisors Regular Meeting of 01114/04 297 advised that this year's plan includes 34 projects, which marks an increase over last year. She explained that all ofthe projects from last year have been carried over, with the exception of James Wood Middle School renovations and the relocation of Airport Road. She advised that the cost projection figures do not include the County's contribution to the new Public Safety Center. Supervisor Tyler asked if the public/private projects were listed in one area of the Capital Plan but not in others. Administrator Riley advised that staff decided not to put those figures in because the cost information is proprietary under the PPEA. Supervisor Van Osten congratulated staff on the integrated approaeh and co-location of facilities. Upon a motion by Supervisor Forrester, seconded by Supervisor Tyler, the Board of Supervisors voted to submit the 2004-2005 Capital Improvements Plan for public hearing. The above motion was adopted by the following recorded vote: Richard C. Shickle - Aye Barbara E. Van Osten. - Aye Gary W. Dove - Aye Bill M. Ewing - Aye Gina A. Forrester - Aye W. Harrington Smith, Jr. - Aye Lynda 1. Tyler - Aye ROAD RESOLUTIONS - APPROVED UNDER CONSENT AGENDA Star Fort. Section III. (Resolution No. 034-04) RESOLUTION BY THE FREDERICK COUNTY BOARD OF SUPERVISORS The Board of Supervisors of Frederick County, in regular meeting on the 14th day ofJanuary 2004, adopted the following: WHEREAS, the streets in Star Fort, Section III described on the attached Additions Form SR-5A, fully ineorporated herein by referenee, are shown on plats recorded in the Clerk's Office of the Circuit Court of Frederick County; and WHEREAS, the Resident Engineer of the Virginia Department of Transportation has advised this Board that the streets meet the requirements established by the Subdivision Street Requirements of the Virginia Department of Transportation; and WHEREAS, the County and the Virginia Department of Transportation have entered into an agreement on June 9,1993, for comprehensive stormwater detention which applies to this request for addition; and NOW, THEREFORE, BE IT RESOLVED, this Board requests the Virginia Department of Transportation to add the streets described in the attached Additions Form SR-5(A) to the Minute Book Number 29 Board of Supervisors Regular Meeting of 01/14/04 298 secondary system of state highways, pursuant to 33.1-229, Code of Virginia, and the Department's Subdivision and Street Requirements; and BE IT FURTHER RESOLVED, this Board guarantees a clear and unrestricted right-of- way, as deseribed, and any necessary easements for cuts, fills and drainage; and BE IT FURTHER RESOLVED, that a certified copy ofthis resolution be forwarded to the Resident Engineer for the Virginia Department of Transportation. Cross Creek Villal!e. Section I (Resolution No. 035-04) RESOLUTION BY THE FREDERICK COUNTY BOARD OF SUPERVISORS The Board of Supervisors of Frederick County, in regular meeting on the 14th day ofJanuary 2004, adopted the following: WHEREAS, the streets in Cross Creek Village, Section I described on the attached Additions Form SR-5A, fully incorporated herein by reference, are shown on plats recorded in the Clerk's Office of the Circuit Court of Frederick County; and WHEREAS, the Resident Engineer of the Virginia Department of Transportation has advised this Board that the streets meet the requirements established by the Subdivision Street Requirements of the Virginia Department of Transportation; and WHEREAS, the County and the Virginia Department of Transportation have entered into an agreement on June 9, 1993, for comprehensive stormwater detention which applies to this request for addition; and NOW, THEREFORE, BE IT RESOLVED, this Board requests the Virginia Department of Transportation to add the streets described in the attached Additions Form SR-5(A) to the secondary system of state highways, pursuant to 33.1-229, Code of Virginia, and the Department's Subdivision and Street Requirements; and BE IT FURTHER RESOLVED, this Board guarantees a clear and unrestricted right-of- way, as described, and any necessary easements for cuts, fills and drainage; and BE IT FURTHER RESOLVED, that a certified copy ofthis resolution be forwarded to the Resident Engineer for the Virginia Department of Transportation. CITIZEN COMMENTS Pat Gochenour, Red Bud District and Planning Commission Member, complimented Supervisor Dove on his beautiful prayer at the beginning of the meeting. She read a poem "Where Do You Look For." She concluded by wishing the Board success and happiness in much and in their leadership in the coming year. BOARD OF SUPERVISOR COMMENTS Supervisor Dove advised that he made the motion to move Citizen Comments to the end of the meeting because he felt that time should be used by the public to bring comments to the Board regarding things that needed to be looked into or done. He stated that it was not a place for personal Minute Book Number 29 Board of Supervisors Regular Meetiug of 01/14/04 299 thoughts, but rather a place for the County's business to be conducted. He advised that another thing that he has heard from constituents is the amount of misinformation concerning what goes on at the Board meetings. He asked about developing a County or Board newsletter to update the citizens on Board activities. Supervisor Van Osten advised that she had wanted to discuss something under Tab 0, the budget public hearings. She stated that she had found the letter from Dr. Dean very interesting concerning moving capital appropriations to a project basis versus a fiscal year basis. Chairman Shickle stated that the Board would ask the Pinanee Committee take this issue under advisement and provide the Board with a recommendation. Supervisor Van Osten concluded by thanking staff for their assistance in helping orient the new members and she was confident that this Board could work together and work with the citizens of Frederick County. Chairman Shickle asked Administrator Riley to revisit the history of the County's first attempts at a newsletter. Administrator Riley stated that the first attempt at a newsletter was atroeious; however, he was confident if the Board wanted to do this he felt the County could put out a decent product. Chairman Shickle asked Staff to give the newsletter some thought and eome back to the Board with a recommendation. Supervisor Tyler suggested using the website for live feeds of the Board meetings. UPON A MOTION MADE BY SUPERVISOR TYLER, SECONDED BY SUPERVISOR FORRESTER, THERE BEING NO FURTHER BUSINESS TO COME BEFORE THIS BOARD, THIS MEETING IS HEREBY ADJOURNED. (TIME 10:12 P.M.). )~ ~ ./~()~~ Richard C. Shickle Chairman, Board of Supervisors JoltJRl~9 Clerk, Board of Supervisors Minutes Prepared By: CDA} f _, '-(.-fL ~bS Deputy Clerk, Board of Supervisors Minute Book Number 29 Board of Supervisors Regular Meeting of 01114/04