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HomeMy WebLinkAboutApril 14, 2004 Regular Meeting 453 A Regular Meeting ofthe Frederick County Board of Supervisors was held on Wednesday, April 14, 2004, at 7:15 P.M., in the Board of Supervisors' Meeting Room, County Administration Building, 107 North Kent Street, Winchester, Virginia. PRESENT Chairman Richard C. Shickle; Vice Chairman Barbara E. Van Osten; Gary W. Dove; Bill M. Ewing; Gina A. Forrester; W. Harrington Smith, Jr.; and Lynda J. Tyler. CALL TO ORDER Chairman Shickle called the meeting to order. INVOCATION Reverend Joseph P. Roby, the People's Country Church, delivered the invocation. PLEDGE OF ALLEGIANCE Supervisor Smith led the Pledge of Allegiance. ADOPTION OF AGENDA Administrator Riley advised that he had no additional items for the agenda. Upon a motion by Supervisor Smith, seconded by Vice-Chairman Van Osten, the Board adopted the agenda 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. Proclamation Re: National Telecommunicator's Week - Tab C; 2. Resolution of Appreciation to Rubbermaid Commercial Products - Tab D; 3. Scheduling of Board Meetings During the Summer Months - Tab G; 4. Resolution Re: Phase III Northern Shenandoah Valley IntelligentTransportation Project- TabH; 5. Resolution Recognizing Preservation ofthe McCann-Slaughter Farm - Tab J; 6. Subdivision Application #05-04 of Daniel McKee - Echo Village - Tab P. Upon motion by Supervisor Smith, seconded by Supervisor Forrester, the Consent Agenda Minute Book Number 29 Board of Supervisors Regular Meeting of 04/14/04 454 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 Supervisor Tyler recognized the McCann Farm, which recently put 98 acres in easement. She advised that the development rights are gone, but the property can still be used for farming and agricultural uses. Supervisor Tyler also offered "kudos" to Rubbermaid for their donation to the County's parks. Supervisor Dove addressed the proclamationregarding National Telecommunicator' s Week. He advised that this was a way ofrecognizing our public safety dispatchers. BOARD OF SUPERVISORS COMMENTS Vice-Chairman Van Osten advised that tonight marks the conclusion ofthe three month trial period for citizen comments. She stated that she would like to reinstate Citizen Comments at the beginning ofthe meeting, but with the following constraints: 1. Allow citizens to comment on agenda items that are not topics of a public hearing. 2. Citizens wishing to speak during this time must sign up in advance and list the issue that they would be addressing. She advised that Citizen Comments would remain at the end of the meeting in order to allow the Board to hear about non-agenda issues. There would be no sign up for this period and the three minute time limit and normal protocol would apply. Upon a motion by Vice-Chairman Van Osten, seconded by Supervisor Tyler, the Board amended the Rules of Procedure by reinstating Citizen Comments, with the above restrictions, at the beginning of the meeting to become effective at the April 27, 2004 meeting. The above motion was approved by the following recorded vote: Richard C. Shickle - Aye Barbara E. Van Osten - Aye Gary W. Dove - Nay Bill M. Ewing - Aye Gina A. Forrester - Aye W. Harrington Smith, Jr. - Aye Lynda J. Tyler - Aye MINUTES Minute Book Number 29 Board of Supervisors Regular Meeting of 04/14/04 455 Upon a motion by Supervisor Tyler, seconded by Supervisor Forrester, the minutes from the March 24, 2004 Regular Meeting were 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 Upon a motion by Supervisor Smith, seconded by Supervisor Tyler, the minutes from the March 25,2004 Joint Meeting with the Winchester City Council were 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 - Abstained (She was not present at the meeting.) W. Harrington Smith, Jr. - Aye Lynda 1. Tyler - Aye Upon a motion by Supervisor Tyler, seconded by Supervisor Forrester, the minutes from the March 29, 2004 Budget Public Hearing were 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 Upon amotion by Supervisor Forrester, seconded by Supervisor Smith, the minutes from the March 31, 2004 Budget Work Session were 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 COUNTY OFFICIALS ADOPTION OF THE FISCAL YEAR 2004-2005 BUDGET - (RESOLUTION #056-04) Administrator Riley introduced a proposed funding strategy for the FY 2005 budget that might allow the Board to adopt a real estate tax rate for that would not reflect a tax increase. He advised when the Board adopts the proposed FY 2005 budget, the tax rates will also be adopted for Minute Book Number 29 Board of Supervisors Regular Meeting of 04/14/04 456 calendar year 2004. Tonight the Board would only set the tax rate for calendar year 2004 and the tax rate for 2005 would be set during the FY 2006 budget. Administrator Riley went on to say that the county reassessment will be effective on January 1, 2005 and will impact the June 2005 property taxes. This will allow the County to choose to project increased property values for the June 2005 tax collection. He concluded by saying that the projected increase in property values will be equal to or greater than the proposed increase in the real estate tax rate of $0.07 that was advertised. Supervisor Forrester asked if this proposal locked the Board into a certain %. Administrator Riley responded that the minimum revenue increase would be 20% with an average increase of 30%. Supervisor Smith asked how this proposal would affect the County next year. Administrator Riley responded that it would provide the same amount of revenue as the $0.07 increase; however, when the Board sets the rate next year, it may be below the $0.73/$100. Supervisor Ewing stated that he felt this was a better alternative and he supported this approach. Administrator Riley advised that all funding levels would remain the same under this proposal. Upon a motion by Supervisor Tyler, seconded by Supervisor Dove, the Board approved the FY 2004-2005 Budget Resolution: WHEREAS, a notice of public hearing and budget synopsis has been published and a public hearing held on March 29,2004, in accordance with Title 15.2, Chapter 25, Section 15.2-2506, of the Code of Virginia, 1950 as amended. THEREFORE BE IT RESOLVED, by the Board of Supervisors of the County of Frederick, Virginia, that the budget for the 2004-2005 fiscal year as advertised in The Winchester Star on March 18, 2004, be hereby approved in the amount of$180,532,087. WHEREAS, the budget amounts represent the total, less transfers between funds. BE IT FURTHER RESOLVED, that the County of Frederick budget for the 2004-2005 fiscal year be adopted as follows: General Operating Fund: General and Financial Administration $5,885,797 Judicial Administration 1,319,141 Public Safety 13,811,769 Public Works 3,189,518 Minute Book Number 29 Board of Supervisors Regular Meeting of 04/14/04 457 Health/Welfare 5,351,185 Education - Community College 47,379 Parks, Recreation, Cultural 4,313,212 Community Development 2,392,802 Non-Departmental Expenses 2,413,923 Regional Jail Fund 10,408,680 Landfill Fund 6,327,638 Division of Court Services Fund 1,281,617 Shawnee1and Sanitary District Fund 516,455 Airport Operating Fund 1,376,940 Airport Capital Fund 1,077,725 Consolidated Maintenance Fund 500,000 School Operating Fund 98,900,870 School Cafeteria Fund 3,914,894 School Construction Fund 250,000 School Debt Service Fund 12,465,366 Larrick & Sides Trust Funds 1,100 School Textbook Fund 859,440 Unemployment Compensation Fund 10,000 NREP Operating Fund 3,886,636 NREP Textbook Fund 30,000 BE IT FURTHER RESOLVED, that the Board of Supervisors ofthe County of Frederick, Virginia, does herein adopt the tax rate for the 2004 assessment year at a rate of 73 ccnts per $100 of assessed value to be applied to real estate, the rate of $4.20 per $100 of assessed value to be applied to personal property, $2.25 per $100 of assessed value to be applied to personal property on one vehicle to volunteer firefighters that are approved and registered with the Fire and Rescue Department, the rate of 42\12 cents per $100 to be applied to airplanes and zero tax to be applied to antique vehicles. The Business and Professional Occupational License rates are as follows: retail 20 cents per $100 of gross receipts, contractors 16 cents per $100 of gross receipts, professional services 58 cents per $100 of gross receipts, personal and business 36 cents per $100 of gross receipts, wholesale 5 cents per $100 of purchases and the rate of $2.00 per $100 of assessed value on declining values to be applied to machinery and tools, and contract carrier classified vehicles. Meals tax at an adopted rate of 4 cents per $1. Lodging tax at an adopted rate of 2 cents per $1. County decals at an adopted rate of$25 per vehicle and $10 per motorcycle. The Sanitary Landfill fees are as follows: $38 per ton for less than 12,000 tons a year; $36 per ton for more than 12,000 but less than 24,000 tons a year; $34 per ton for more than 24,000 but less than 36,000 tons a year; $32 per ton for more than 36,000 but less than 48,000 tons a year; $30 per ton for more than 48,000 tons a year; $30 per ton for construction demolition debris; $25 per ton for municipal waste and $8 Minute Book Number 29 Board of Supervisors Regular Meeting of 04/14/04 458 per ton for municipal sludge. The local tax for Enhanced 911 Service will continue to be at a set rate of$1.60. BE IT FURTHER RESOLVED, that appropriations are hereby authorized for the central stores fund, special welfare fund, comprehensive services fund, county health insurance fund, school health insurance fund, length of service fund, employee benefits, unemployment compensation fund equal to the total cash balance on hand at July 1, 2004, plus the total amount of receipts for the fiscal year 2004-2005. The Fire Company Capital appropriation will include the current year appropriation plus any unused funds at the end of fiscal year 2004. BE IT FURTHER RESOLVED, that the school construction fund projects will be appropriated as a carryforward in the amount that equals the original project cost, less expenditures and encumbrances through June 30, 2004. ADOPTED this 14th day of April, 2004. Supervisor Ewing advised that the Board was charged with the responsibility of providing sound/responsible services. He then discussed the need to fund the School budget categorically. Supervisor Ewing stated that he would like to amend the budget resolution to provide for school budget appropriations by category with anything under $40,000 to be handled administratively and anything over that cap to be funded categorically. Supervisor Ewing moved to amend the motion to approve the FY 2004-2005 Budget Resolution to provide for categorical funding of the School Board with a minimum cap of $40,000.00. The motion was seconded by Supervisor Dove. Supervisor Dove stated that he felt this was a great idea and he thought the School Board should be able to find $711,000 to keep Gainesboro School open. Vice-Chairman Van Osten stated that she was opposed to the amendment. She advised that the Board had rescinded categorical funding ofthe Schools on September 12,2001. She went on to say that the school does an excellent job with their budget and it is not the challenge ofthe Board of Supervisors to micro manage. She concluded by saying that we should allow the School Board its own flexibility. Supervisor Smith advised that he was opposed to the amendment. Supervisor Forrester stated that the School Board was in a better position to determine how their budget is spent and she did not support the proposed amendment. Supervisor Tyler stated that if citizens have a problem with school funding then they need to elect fiscally conservative school board members rather than those interested in providing a quality education. There being no further discussion, the amendment to the FY 2004-2005 Budget Resolution Minute Book Number 29 Board of Supervisors Regular Meeting of 04/14/04 459 was defeated by the following recorded vote: Richard C. Shickle - Aye Barbara E. Van Osten - Nay Gary W. Dove - Aye Bill M. Ewing - Aye Gina A. Forrester - Nay W. Harrington Smith, Jr. - Nay Lynda J. Tyler - Nay Supervisor Ewing advised that he would support the budget, but he had a number of concerns, including: the four proposed positions in Fire and Rescue and the tourism budget. There being no further discussion, the FY 2004-2005 Budget Resolution 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 PROCLAMATION (#007-04)RE: NATIONAL TELECOMMUNICATOR'S WEEK- APPROVED UNDER CONSENT AGENDA WHEREAS, emergencies can occur at anytime that require police, fire or emergency medical services; and WHEREAS, when an emergency occurs, the prompt response of police officers, firefighters and paramedics is critical to the protection of life and preservation of property; and WHEREAS, the safety of our police officers and firefighters is dependent upon the quality and accuracy of information obtained from citizens who telephone the Frederick County Department of Public Safety Communications Center; and WHEREAS, Public Safety Dispatchers are the first and most critical contact our citizens have with emergency services; and WHEREAS, Public Safety Dispatchers are the single vital link for our police officers and firefighters by monitoring their activities by radio, providing them information and ensuring their safety; and WHEREAS, Public Safety Dispatchers of Frederick County, Virginia have contributed substantially to the apprehension of criminals, suppression of fires and treatment of patients; and WHEREAS, each dispatcher has exhibited compassion, understanding and professionalism during the performance of their job in the past year. NOW, THEREFORE BE IT RESOLVED, that the Board of Supervisors of Frederick County, Virginia does hereby proclaim the week of April 11 th - 17t\ 2004 to be National Telecommunicator's Week in Frederick County, in honor of the men and women whose diligence and professionalism keep our county and citizens safe. ADOPTED this 14th day of April 2004 by the following recorded vote: Minute Book Number 29 Board of Supervisors Regular Meeting of 04/14/04 460 RESOLUTION (#055-04) OF APPRECIATION TO RUBBERMAID COMMERCIAL PRODUCTS - APPROVED UNDER CONSENT AGENDA WHEREAS, Rubbermaid Commercial Products has made an unsolicited product donation valued in excess of$150,000.00 to the Frederick County Parks and Recreation Department; and, WHEREAS, this donation comes in the form of 200 ornamental, exterior trash containers and 24 interior containers that will be utilized throughout the Frederick County park system; and, WHEREAS, this valuable donation will greatly assist the parks and recreation staff in keeping our parks litter free, and provides a very useful product at no cost to county citizens; NOW, THEREFORE, BE IT RESOLVED, that the Frederick County Board of Supervisors does hereby express its deep appreciation to Rubbermaid Commercial Products for the fine example of corporate generosity and support to the local Frederick County community. ADOPTED this 14th day of April 2004. COMMITTEE APPOINTMENTS APPOINTMENT OF DENISE LEE TO LOCAL EMERGENCY PLANNING COMMITTEE - APPROVED Upon a motion by Supervisor Forrester, seconded by Supervisor Smith, Denise Lee, Trex Company, was appointed to serve on the Local Emergency Planning Committee. 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 APPOINTMENT OF CYNTHIA MARSTON TO LOCAL EMERGENCY PLANNING COMMITTEE - APPROVED Upon a motion by Vice-Chairman Van Osten, seconded by Supervisor Forrester, Cynthia Marston, Virginia Tech Cooperative Extension, was appointed to serve on the Local Emergency Planning Committee. 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 APPOINTMENT OF RONALD BOWERS AS TOWN OF STEPHENS CITY REPRESENTATIVE TO THE TRANSPORTATION COMMITTEE - APPROVED Minute Book Number 29 Board of Supervisors Regular Meeting of 04/14/04 461 Upon a motion by Supervisor Ewing, seconded by Supervisor Smith, Ronald Bowers was appointed as the Town of Stephens City representative to the Transportation Committee. This is a one year term, said term to commence April 28, 2004 and expire April 28, 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 REAPPOINTMENT OF JAMES T. ANDERSON TO THE FREDERICK COUNTY SANITATION AUTHORITY - APPROVED Upon a motion by Supervisor Dove, seconded by Supervisor Smith, James T. Anderson was reappointed to the Frederick County Sanitation Authority. This is a four year term, said term to commence April 15, 2004 and expire April 15, 2008. Vice-Chairman Van Osten advised that she would like to defer this appointment to next month's meeting in order to see if there are other citizens who are interested in serving. There being no further discussion, the motion was approved by the following recorded vote: Richard C. Shickle - Aye Barbara E. Van Osten - Nay Gary W. Dove - Aye Bill M. Ewing - Aye Gina A. Forrester - Nay W. Harrington Smith, Jr. - Aye Lynda 1. Tyler - Nay SCHEDULING OF BOARD MEETINGS DURING THE SUMMER MONTHS - APPROVED UNDER CONSENT AGENDA The Board set the summer meeting schedule, which included the cancellation ofthe June 23, 2004 and July 28, 2004 meetings. REOUEST FROM COMMISSIONER OF REVENUE FOR REFUND - APPROVED The Board received a request from the Commissioner of Revenue requesting a refund or roll credits as needed for U.S. Bancorp Equipment Finance, Inc. This abatement is for the proration of a heavy earth moving vehicle that changed jurisdictions. The requested exoneration is $4,222.43. Upon a motion of Supervisor Tyler, seconded by Supervisor Forrester, the Board approved the exoneration request by the following recorded vote: Minute Book Number 29 Board of Supervisors Regular Meeting of 04/14/04 462 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 RESOLUTION (#058-04) RE: PHASE III NORTHERN SHENANDOAH VALLEY INTELLIGENT TRANSPORTATION PROJECT - APPROVED UNDER CONSENT AGENDA WHEREAS, the County of Frederick was a Charter member of the Northern Shenandoah Valley Intelligent Transportation System project; and WHEREAS, the project's original intent was to determine how to best deal with the widening ofInterstate 81 and effectively address public safety issues during the project; and WHEREAS, the project has created regional partnerships between the jurisdictions of Clarke, Frederick, Warren, Shenandoah Counties, and the City of Winchester; and WHEREAS, the regional endeavor has expanded to incorporate private sector partners, such as Valley Health Systems, ComCare Alliance, Shentel, and various other pri vate sector firms locally and nationally; and WHEREAS, the initial stages of technology have been deployed within each of the jurisdictions enabling a transfer of information through a national message broker; and WHEREAS, the public safety services within the County of Frederick and the region are on the verge of implementing cutting edge technology; and WHEREAS, Phase I and Phase II ofthe project have been completed with great success and are the focal point of national attention through the implementation of technology into the public sector arena; and WHEREAS, a continuation of the project has the potential for enhancing the delivery of public safety services within the County of Frederick and region; and WHEREAS, support for public safety continues to be a goal ofthe County of Frederick; and WHEREAS, the ability to address interoperability within the region is a priority to establish and retain continuity of service within the region; NOW, THEREFORE BE IT RESOLVED, that the Board of Supervisors ofthe County of Frederick endorses the continuation of Phase III of the project within the framework of the established partnership; and BE IT FURTHER RESOL VED THAT the Board of Supervisors encourages and supports regional cooperation through projects of this nature to enhance the public safety emergency preparedness mission of the County of Frederick and the neighboring jurisdictions. Adopted this 14th day of April 2004. MEMORANDUM RE: STEPHENS CITY TOWN COUNCIL'S ACTION ON VOLUNTARY SETTLEMENT OF ANNEXATION AGREEMENT - (RESOLUTION #059-04) Administrator Riley advised that the Town has decided not to honor the County's request to Minute Book Number 29 Board of Supervisors Regular Meeting of 04/14/04 463 deannex 17.4 acres of property currently located within the corporate boundaries of Stephens City, which was part of the agreement approved by the Board at its March 24,2004 meeting. He stated that no action on this request would reflect the County's position that the previously adopted agreement remain in effect. Supervisor Forrester asked why this issue was not brought up during the joint work session. Administrator Riley responded that we did not know that there was opposition to the change. Supervisor Tyler stated that she did not know if this was a "make it or break it" issue, but she felt the Board should move forward. She concluded by saying that the Board take no action on the request. Vice Chairman Van Osten and Supervisor Dove agree with Supervisor Tyler. Supervisor Ewing advised that he had spent a lot of personal time on this agreement over the years and he finds this to be an issue of insignificance because there is no monetary impact to the Board. He went on to say that he had tried on a number of occasions to get this changed. He concluded by saying that the County and the Town should work in partnership. Supervisor Ewing moved that the Board adopt the Resolution Approving Revised Voluntary Settlement Agreement Between the County of Frederick, Virginia, and the Town of Stephens City, Virginia. The motion was seconded by Vice-Chairman Van Osten. WHEREAS, the County of Frederick and the Town of Stephens City have negotiated a Voluntary Settlement pursuant to Chapter 34, Title 15.2 of the Virginia Code; and WHEREAS, the Board of Supervisors of Frederick County approved the Resolution Approving Voluntary Settlement Agreement between the County of Frederick, Virginia and the Town of Stephens City, Virginia on March 24,2004; and WHEREAS, the Town Council of the Town of Stephens City, Virginia revised said voluntary settlement agreement and adopted the same on April 6, 2004; and WHEREAS, it is the desire ofthe Board of Supervisors of Frederick County to adopt the revised Voluntary Settlement Agreement and submit the same to the Commission on Local Government for its review and recommendation as provided by Va. Code S 15.2-3400(3). NOW, THERE FORE, BE IT RESOLVED, that the Frederick County Board of Supervisors does hereby ADOPT the REVISED Voluntary Settlement Agreement dated March 24, 2004, between the County of Frederick and the Town of Stephens City, as approved by the Town of Stephens City, Virginia, a copy of which is attached to this Resolution as Exhibit A. Supervisor Forrester advised that she would have been more amenable to this request ifit had been brought up at the joint work session, but she does not know why it is surfacing now. Supervisor Ewing advised that the property owner initiated change and the Town was Minute Book Number 29 Board of Supervisors Regular Meeting of 04/14/04 464 honoring her request. There being no further discussion, the motion failed by the following recorded vote: Richard C. Shickle - Did not vote Barbara E. Van Osten - Aye Gary W. Dove - Nay Bill M. Ewing - Aye Gina A. Forrester - Nay W. Harrington Smith, Jr. - Nay Lynda 1. Tyler - Nay RESOLUTION (#057-04) RECOGNIZING PRESERVATION OF THE MCCANN FARM - APPROVED UNDER CONSENT AGENDA WHEREAS, Judy McCann-Slaughter owns a 98-acre cattle farm, known as the McCann Farm, in Frederick County, Virginia, that provides productive agriculture, such as food and fiber, for the local and regional economy, and contains important natural resources such as frontage along Hiatt Run, a tributary of Opequon Creek, which flows directly into the Potomac River; and WHEREAS, the McCann Farm is situated partially within the National Park Service Core Battlefield Boundary for the Third Battle of Winchester and the government of Frederick County, Virginia, has worked diligently to ensure the preservation of land within the Core Battlefield Boundary for the Third Battle of Winchester and the immediately surrounding area; and , WHEREAS, the Frederick County Comprehensive Policy Plan, adopted on September 27, 2000 by the Frederick County Board of Supervisors, states that its goals include promotion of the preservation and protection of Civil War Battlefield Resources and protection of important natural resources; and WHEREAS, Judy McCann-Slaughter and her family wish to protect their farm in perpetuity by voluntarily donating a conservation easement to the Potomac Conservancy and the Virginia Outdoors Foundation, and in doing so, will benefit the public for current and future generations; NOW, THEREFORE, the Frederick County Board of Supervisors hereby resolves that it supports the voluntary and permanent preservation ofthe McCann Farm and that family's desire to donate a conservation easement to the Potomac Conservancy and the Virginia Outdoors Foundation. Adopted this 14th day of April, 2004. COMMITTEE REPORTS PUBLIC WORKS COMMITTEE REPORT The Public Works Committee met on Tuesday, March 30, 2004, at 8:00 a.m. All members were present except Jim Wilson. The following items were discussed: ***Items Requiring Action*** 1. Proposed Drainal!:e Proiect in The Greenbriar Subdivision - Approved The Director of Public Works presented the results of a drainage improvement study performed by Gilbert W. Clifford and Associates, Inc. to correct a standing water problem within a drainage easement in the Greenbriar Subdivision. The proposed drainage improvement project will encompass drainage between Nightingale Avenue, Tanager Court, Raven Road and Bluebird Drive. The proposed design utilizes a combination of new pipes and paved channels to provide the drainage improvements. Preliminary engineer's estimates indicate that the costs could range between Minute Book Number 29 Board of Supervisors Regular Meeting of 04/14/04 465 $417,000 and $446,000 depending on which option is utilized. The attached letter from Gilbert W. Clifford and Associates, Inc. highlights these options and related costs. The discussion that followed this presentation concluded that correcting this problem would set a precedent that could lead to much more costly projects in the future. In addition, if Frederick County assumes responsibility for maintaining drainage easements, the commonwealth will require us to obtain a Phase II Stormwater discharge permit. This requirement will also lead to additional costs. Therefore, a motion was made by George Ludwig and seconded by Stanley Crockett to limit Frederick County's involvement in drainage problems to threats against life or property on a case- by-case basis unless the county establishes a policy to address other drainage issues. This motion was unanimously endorsed by the committee. (See Attachment 1) Upon a motion by Supervisor Tyler, seconded by Supervisor Dove, the Board accepted the Committee's recommendation 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. - Nay Lynda J. Tyler - Aye ***Items Not Requiring Action*** 1. Request From the BuUdin!! Official for Personnel Reclassifications The Building Official, Mr. John Trenary, presented a request to reclassify personnel within the building inspection department. The information attached with his memorandum included the results of a salary survey, estimated cost impacts, potential funding sources and revised job descriptions. This information was provided for the committee's review prior to the next scheduled meeting when it will be discussed in detail. (See Attachment 2) 2. Bid Results for the Renovation ofthe Court Room in the Old Countv Courthouse The Director of Public Works informed the committee that no bids were received for the recent solicitation for the renovation of the Old County Courtroom. As a result, the director recommended that any future re-bid solicitation be postponed until late fall when it is anticipated that there will be more interest from the local construction community. This approach will only be possible if HUD allows Frederick County to carry over the grant funds into the next fiscal year. Staff will check with HUD and report our findings at the next meeting. 3. Proposed "Cell" DOl: Prol:ram Recently, the director in the company of Mr. Fred Hildebrand, Jail Superintendent, Ms. Kathy Whetzel., Animal Shelter Manger, and Ms. Holly Grim, Assistant Animal Shelter Manager, traveled to Botetourt County to review the "cell" dog (pen pal) program at the Botetourt Correctional Facility. Basically, the "cell" dog program which has gained popularity and success throughout the country entails placing dogs from local animal shelters in correctional facilities to be trained by the inmates. Within the commonwealth, this training ranges from minimal obedience to more complex guide dog classes. Our staff believes that this program can be instituted at our local regional j ail in cooperation with the Frederick County Animal Shelter. This enthusiasm is also shared by the jail superintendent. The purpose of our trip to Botetourt was to gain an insight to the logistics required to implement the program as well as to highlight the problems that could be encountered. Success stories throughout the country and, in particular, at the newly established program Minute Book Number 29 Board of Supervisors Regular Meeting of 04/14/04 II 466 in Botetourt, have revealed that the program is, not only beneficial to the animals, but also, has a positive influence on the inmates. Staffwill continue our planning efforts to implement the program in our local regional jail. 4. Undate on Warrior Road The Director reported that the Warrior Road project should be essentially complete by May I, 2004, barring any unforseen problems. The new road should be open for traffic by the end of May. 5. Miscellaneous Reports a) Tonnage Report (See Attachment 3) b) Recycling Report (See Attachment 4) c) Animal Shelter Dog Report (See Attachment 5) d) Animal Shelter Cat Report (See Attachment 6) Supervisor Tyler made the citizens aware of the white paper recycling program at the Middletown scale green box site. ANNUAL REPORTS DEPARTMENTAL FISCAL YEAR 2004-2005 WORK PROGRAMS - APPROVED Administrator Riley advised that these programs reflect the fiscal year budget that was approved this evening and he would appreciate the Board's endorsement. Upon a motion by Supervisor Dove, seconded by Supervisor Forrester, the Board approved the department fiscal year 2004-2005 work programs 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 PUBLIC HEARING - OUTDOOR FESTIVAL PERMIT - REOUEST OF REVEREND PHILIP ROBY, AMAZING GRACE FELLOWSHIP, FOR SHENANDOAH VALLEY GOSPEL CAMP MEETING, PURSUANT TO THE FREDERICK COUNTY CODE, CHAPTER 86, FESTIVALS: SECTION 86-3 C. PERMIT REOUlRED: APPLICATION: ISSUANCE OR DENIAL: FOR AN OUTDOOR FESTIVAL PERMIT FOR SHENANDOAH VALLEY GOSPEL CAMP MEETING FESTIVAL TO BE HELD ON JULY 4 THRU JULY 11. 2004: MONDAY - FRIDAY 7:00 P.M. -10:00 P.M.: SATURDAY 5:00 P.M. -10:00 P.M.: SUNDAY (4TH) 7:00 P.M. - 9:00 P.M., AND SUNDAY (11TH) 9:00 A.M. - 11:00 A.M.: AT CANDY HILL CAMPGROUND, WARD AVENUE, WINCHESTER, VIRGINIA, 22603. PROPERTY OWNED BY ART LITTMAN - APPROVED Administrator Riley advised that the application was complete and meets all ofthe ordinance requirements. Minute Book Number 29 Board of Supervisors Regular Meeting of 04/14/04 467 Chairman Shickle convened the public hearing. Carl Littman, manager of Candy Hill Campground, advised that he would be happy to have this event at his campground. It has been a huge success in the past and he hoped the Board would approve the application. There being no further public comments, Chairman Shickle closed the public hearing. Upon a motion by Vice-Chairman Van Osten, seconded by Supervisor Smith, the Board approved the Outdoor Festival Permit for Reverend Philip Roby, Amazing Grace Fellowship, for the Shenandoah Valley Gospel Camp Meeting 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 HEARING PUBLIC HEARING - REZONING #01-04 OF SHEPARD PROPERTIES. SUBMITTED BY GREENWAY ENGINEERING. TO REZONE 1.17 ACRES FROM RA (RURAL AREAS) TO B2 (BUSINESS GENERAL) DISTRICT. THIS PROPERTY IS LOCATED ON THE WEST SIDE OF FRONT ROYAL PIKE (ROUTE 522 SOUTH). APPROXIMATELY 1.500 FEET SOUTH FROM THE AIRPORT ROAD (ROUTE 645) INTERSECTION. AND IS IDENTIFIED WITH PROPERTY IDENTIFICATION NUMBER(S) 64-A-15 AND 64-A-15 IN THE SHAWNEE MAGISTERIAL DISTRICT - APPROVED Deputy Director Mohn appeared before the Board on behalf ofthis application. He advised that this was a request by Greenway Engineering to rezone two parcels containing 1.17 acres from RA (Rural Areas) and B2 (Business General) to enable the development of business and office uses. The review agency comments were generally positive. Deputy Director Mohn went on to say that the property is located in the Urban Development Area and the Sewer and Water Service Area. He advised that the applicant has proffered the following: 1. A shared entrance for access to the two parcels from Front Royal Pike. 2. Installation of a right turn/taper lane on the south bound side of Front Royal Pike to facilitate site access. 3. Establishment of ten-foot wide pedestrian access easements to enable linkages with the properties to the immediate north and south of the site. 4. Installation of enhanced landscaping along the front ofthe site. Minute Book Number 29 Board of Supervisors Regular Meeting of 04/14/04 I 468 5. No more than two freestanding business signs with a maximum height limit of twenty (20) feet. 6. Prohibition of the following permitted land uses: - Radio and Television Broadcasting Stations - Electric, Gas, and Sanitary Facilities, Excluding Offices ~ Motor Vehicle Dealers (New and Used) - Motor Vehicle Dealers (Used Only) - Boat Dealers - Recreational Vehicle Dealers - Motorcycle Dealers - Automotive Dealers, Not Elsewhere Classified - Hotels and Motels - Organization Hotels and Lodges - Car Washes - Motion Picture Theaters - Adult Retail Uses 7. A $200 contribution to the County of Frederick for Fire and Rescue services. Deputy Director Mohn concluded by saying that the application is consistent with the County's Land Use Policy Plan and the Planning Commission recommended approval Evan Wyatt, Greenway Engineering, advised that he was present to answer any questions the Board might have regarding this application. Chairman Shickle convened the public hearing on this item. There were no public comments. Chairman Shickle closed the public hearing. Upon a motion by Supervisor Smith, seconded by Supervisor Tyler, the Board approved Rezoning #01-04 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 J. Tyler - Aye OTHER PLANNING ITEMS MASTER DEVELOPMENT PLAN #09-03 OF SOUTHERN HILLS - APPROVED Planner II Camp appeared before the Board on behalf of this item. He advised that the Board, at its January 28,2004 meeting, tabled this proposed revision to the Southern Hills Master Development Plan in order to give the applicant an opportunity to address a number of issues/concerns that the Board had, which included: Minute Book Number 29 Board of Supervisors Regular Meeting of 04/14104 469 - How the planned relocation of the Stephens City interstate interchange will link to the proposed extension of Stickley Drive. - Consideration of extension ofthe required sidewalk along Town Run Lane to Stickley Drive so as to provide a potential link to a planned regional trail system, which will ultimately extend from Town Run Lane to Double Church Road. - Consideration of extension ofthe proposed buffer and screen along the entire southern property line between the proposed development and the existing residences. - Clarification of how access to the open space would be provided without impacting the Ewing Family cemetery. - Consideration of the stipulation that no building permits would be issued until the Stickley Drive extension is complete. - Clarification of when during the development process the traffic light at the intersection of Stickley Drive and Fairfax Pike would be complete. - Consideration of the stipulation that no construction activities will take place until this traffic light is complete. Planner II Camp stated that the applicant has proposed two possible scenarios to address the interstate interchange. Plan number I includes a collector road which would connect to Warrior Drive and would alleviate the existing traffic problems along Fairfax Pike. Plan number 2 shows a collector road connecting to Stickley Drive. He went on to say that the applicant has made no revisions to the proposed master development plan to address the sidewalk connection along Town Run Lane and Stickley Drive. The applicant has restricted access through the Ewing Family Cemetery to the open space. He concluded by saying that the applicant is requesting that the Board grant staff authority to administratively approve the proposed Master Development Plan. Chairman Shickle asked for clarification of the issue of20 versus 50 building permits. Planner II Camp responded that prior to the issuance ofthe 50th building permit, Town Run Lane must be asphalted. He explained that the Planning Commission had suggested 20 permits. He advised that the applicant was proposing to tie the asphalting requirement to occupancy permits rather than building permits. Evan Wyatt, Greenway Engineering, appeared before the Board on behalf of the applicant. He advised that Stickley Drive would be completed and opened to the public prior to the issuance of any occupancy permits. He explained that the road would not be "offbond", but would be opened to public use. He went on to say that Town Run Lane would be overlaid in phase I when the 50th building permit is issued. Mr. Wyatt stated that the signalization time table was up to VDOT. He further explained that Minute Book Number 29 Board of Supervisors Regular Meeting of 04/14/04 470 the applicant has re-phased this project to accommodate the exit 307 relocation. He concluded by saying that the applicant would meet with the County prior to Phase III to see how they could assist with this relocation. Vice-Chairman Van Osten asked when build out of Phase III was anticipated. Mr. Wyatt responded 2009. He went on to say that during the Planning Commission meeting regarding this project, an adjacent property owner spoke about the fence being in disrepair and Arcadia Building plans to install a new fence at their cost, but the adjacent property owner would be responsible for paying for all repairs after the installation. Chairman Shickle asked that this be noted on the master development plan. Mr. Wyatt responded that they would do that. Supervisor Ewing wanted verification that the pump station would not affect Stephens Run. Mr. Wyatt responded that the pump station would have no impact on Stephens Run. He went on to say that the plant was sized for this proposed development, but did have the potential to upgrade. Supervisor Tyler asked about the parks trail. Mr. Wyatt responded that there is a concept, but no plan for a trail in the Urban Development Area. He went on to say that the bike path in the Comprehensive Plan is not shown on Town Run Lane; however, the applicant would be amenable to providing a 20' easement at Stephens Run for a county trail. Supervisor Ewing asked about the notice to buyers regarding the lagoon, j unk yard, and pig farm on the adjacent properties. Mr. Wyatt responded that the last narrative on the master development plan talks about this. Supervisor Ewing reminded Mr. Wyatt that there was still one active lagoon adjacent to this proposed development. Mr. Wyatt responded that he would amend the narrative to reference both the active and inactive lagoon. Supervisor Ewing prefaced his motion by stating that he was opposed to additional housing, and there were transportation problems in the area of this development, but the applicant has complied with the Board's request. Upon a motion by Supervisor Ewing, seconded by Supervisor Tyler, the Board authorized Minute Book Number 29 Board of Supervisors Regular Meeting of 04/14/04 471 staff to administratively approve Master Development Plan #09-03 of South em Hills. 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 - Nay W. Harrington Smith, Jr. - Nay Lynda J. Tyler - Aye SUBDIVISION APPLICATION #05-04 OF DANIEL MCKEE - ECHO VILLAGE- APPROVED UNDER CONSENT AGENDA This application is for a subdivision to create two single family detached traditional lots with a minimum area of 15,000 square feet each. The property is located in the Shawnee Magisterial District and its current use is vacant. The proposed subdivision will assist in alleviating an acute drainage problem along King Street. The applicant has requested two waivers for this subdivision. They are: - An Exception to the State road frontage requirements. - An Exception to proposed Lot 1 to have less than the 80 feet of frontage at the front setback. The Planning Commission supported the request especially since a drainage problem will be alleviated and recommended approval by the Board of Supervisors. DISCUSSION OF PROPOSED ZONING ORDINANCE AMENDMENTS - RESTAURANT USE IN THE B-3 (INDUSTRIAL TRANSITION) ZONING DISTRICT- APPROVED TO ALLOW AS A USE - REFERRED BACK TO STAFF FOR REVISED DEFINITION Planner I Cheran advised that the Development Review and Regulations Subcommittee discussed adding the restaurant use in the B-3 (Industrial Transition) Zoning District and staff supports this recommendation. He advised that a change to the definition of restaurant was also being proposed and it was being presented to the Board this evening as a discussion item and their comments would be noted. He concluded by saying that staff recommends a public hearing on this proposed amendment. Chairman Shickle stated that he supported staffs effort, but did not feel that the proposed amendments were ready for a public hearing. He advised that the definition of restaurant needs more work and that he could assist with that if needed. Chairman Shickle asked the Board for a consensus on allowing restaurants in the B-3 district Minute Book Number 29 Board of Supervisors Regular Meeting of 04/14/04 472 and then let staff continue to work on the definition. The Board consensus was to allow the restaurant use in the B-3 (Industrial Transition) Zoning District. BOARD LIAISON REPORTS Chairman Shickle advised that he and Administrator Riley met recently with a group of citizens who are interested in starting a conservation program in the County. CITIZEN COMMENTS There were no citizen comments. BOARD OF SUPERVISORS COMMENTS Vice-Chairman Van Osten advised that the County has held two rural areas meetings. They have been very interesting with good public input. She stated that she was disappointed with the public turnout and encouraged citizens to attend the remaining three meetings. Chairman Shickle asked staff to circulate the comments they had received as a means of "drumming up" interest. Director Lawrence responded that the Planning Department would have meeting summaries available on-line. He advised that the public could contact the Planning Department to receive copies as well. Administrator Riley reminded the Board that their next regular meeting had been moved from Wednesday, April 28 to Tuesday, April 27. Supervisor Tyler asked what would happen in the event the State does not adopt a budget. Administrator Riley advised that the Board would hold a work session in early May and begin looking at severe measures. He advised that he would have a number of suggestions to assist the Board in determining how to operate after July 1. Supervisor Smith advised that he and Zoning Administrator Patrick Davenport met with approximately 50 constituents earlier in the week. ADJOURN UPON A MOTION MADE BY SUPERVISOR FORRESTER, SECONDED BY SUPERVISOR SMITH, NO FURTHER BUSINESS TO COME BEFORE THIS BOARD, THIS MEETING IS HEREBY ADJOURNED. (TIME 8:45 P.M.) Minute Book Number 29 Board of Supervisors Regular Meeting of 04/14/04 473 " ~_---R c-~Q_~ Richard C. Shickle Chairman, Board of Supervisors -.( ) ~-(~ Joh R. Rile , J . - erk, Board 0 Supervisors Minutes Prepared By: (/-"Jr:tu F-- '--1~e-< Jay ETTibJ;s Deputy Clerk, Board of Supervisors Minute Book Number 29 Board of Supervisors Regular Meetiug of 04/14/04