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HomeMy WebLinkAboutAugust 11, 2004 Regular Meeting 054 A Closed Session of the Frederick County Board of Supervisors was held on Wednesday, August 11,2004, at 6:00 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; and Lynda 1. Tyler. ABSENT W. Harrington Smith, Jr. (Deceased) CALL TO ORDER Chairman Shickle called the meeting to order. BOARD RETIRED INTO CLOSED SESSION Vice-Chairman Van Osten moved that the Board of Supervisors convene in Closed Session pursuant to Virginia Code Section 2.2-3711 A (1) to discuss Personnel Matters and (7) for consultation with Legal Counsel. The motion was seconded by Supervisor Forrester and passed by the following recorded vote: Richard C. Shickle Barbara E. Van Osten Gary W. Dove Bill M. Ewing Gina A. Forrester W. Harrington Smith, Jr. Lynda J. Tyler Aye Aye Aye Aye Aye Deceased Aye BOARD WITHDREW FROM CLOSED SESSION Upon a motion made by Vice-Chairman Van Osten, seconded by Supervisor Forrester, the Board withdrew from closed session. The above motion was approved by the following recorded vote: Richard C. Shickle Barbara E. Van Osten Gary W. Dove Bill M. Ewing Gina A. Forrester W. Harrington Smith, Jr. Lynda 1. Tyler Aye Aye Aye Aye Ayc Deceased Aye BOARD RECONVENED INTO REGULAR SESSION Upon a motion by Vice-Chairman Van Osten, seconded by Supervisor Ewing, the Board reconvened into Regular Session and certified that to the best of each Board members knowledge Minute Book Number 30 Board of Supervisors Regular Meeting of 08/11/04 55 only Virginia Code Section 2.2-3711 A (1) Personnel Matters and (7) consultation with Legal Counsel were discussed. The above motion was approved by the following recorded vote: Richard C. Shickle Barbara E. Van Osten Gary W. Dove Bill M. Ewing Gina A. Forrester W. Harrington Smith, Jr. Lynda 1. Tyler CALL TO ORDER Aye Aye Aye Aye Aye Deceased Aye Chairman Shickle called the Regular Meeting to order at 7:15 P.M. INVOCATION In the absence of a minister, Chairman Shickle delivered the invocation and a remembrance of Supervisor W. Harrington Smith, Jr., Shawnee District, who passed away on August 9,2004. Vice-Chairman Van Osten asked that the Board observe a moment of silence to remember the two members ofthe Winchester National Guard who were killed while serving in Afghanistan. PLEDGE OF ALLEGIANCE Vice-Chairman Van Osten led the Pledge of Allegiance. ADOPTION OF AGENDA - APPROVED AS AMENDED Administrator Riley advised that he had one addition to the Board's agenda. He wished to add a Resolution in Remembrance of Supervisor W. Harrington Smith, Jr., which would be presented prior to the citizen comment portion of the agenda. Chairman Shickle advised those in attendance that it was the Board's intent to complete all of the agenda items up to the Public Hearings this evening, at which time the Board would adjourn until 7:00 p.m. tomorrow night for a closed session and to take up the remainder ofthe agenda. Upon a motion by Vice-Chairman Van Osten, seconded by Supervisor Ewing, the Board approved the agenda as amended. The above motion was approved by the following recorded vote: Richard C. Shickle Barbara E. Van Osten Gary W. Dove Bill M. Ewing Gina A. Forrester W. Harrington Smith, Jr. Lynda J. Tyler Aye Aye Aye Aye Aye Deceased Aye Minute Book Number 30 Board of Supervisors Regular Meeting of 08/11/04 056. CONSENT AGENDA - APPROVED Administrator Riley suggested the following tabs for approval under the Consent Agenda: 1. Memorandum Re: Change in Upcoming Board Meeting Dates - Tab C; 2. Review of Northwest em Community Services' Fiscal Year 2005 Performance Contract - Tab D; 3. Road Resolution Re: The Orchard Subdivision, Section I - Tab S. Upon motion by Vice-Chairman Van Osten, seconded by Supervisor Forrester, the Consent Agenda was approved by the following recorded vote: Richard C. Shickle Barbara E. Van Osten Gary W. Dove Bill M. Ewing Gina A. Forrester W. Harrington Smith, Jr. Lynda J. Tyler Aye Aye Aye Aye Aye Deceased Aye RESOLUTION (#013-04) IN MEMORIAM OF SUPERVISOR W. HARRINGTON SMITH. JR.. SHAWNEE DISTRICT. FREDERICK COUNTY. VIRGINIA Chairman Shickle read the following resolution memorializing Supervisor W. Harrington Smith, Jr., Shawnee District, who passed away on August 9, 2004: WHEREAS, W. Harrington Smith, Jr. served the citizens of Frederick County, Virginia, for almost sixteen (16) years as Shawnee District representative to the Board of Supervisors; and WHEREAS, Supervisor Smith held the office of Vice-Chairman ofthe Board of Supervisors for eight of his almost 16 years, said tenure being 1992-1996, 1998,2002, & 2003; and WHEREAS, during his tenure he held seats on numerous committees, including that 0 chairman of the Code and Ordinance Committee from 1989-1993 and chairman of Finance Committee from 1994 - August 9, 2004; and WHEREAS, Supervisor Smith was a tireless worker for not only the constituents in his district, but for all of the citizens of Frederick County; and WHEREAS, Supervisor Smith will be long remembered, by those who served with him and the employees of Frederick County Government that worked for him, as a true friend who could share a strong opposing view one minute and then make you laugh with his quick wit or an intricate joke. NOW, THEREFORE BE IT RESOLVED, that the Frederick County Board of Supervisors extends it deepest sympathy to the family ofW. Harrington Smith, Jr., a friend to all who knew him and a true friend oflocal government. BE IT FURTHER RESOLVED, that this resolution be spread across the minutes of the Frederick County Board of Supervisors for all citizens to reflect upon the accomplishments of this citizen legislator and that a true copy of this resolution be presented to his wife and family. Upon a motion by Vice-Chairman Van Osten, seconded by Supervisor Forrester, the above resolution was approved by the following recorded vote: Minute Book Number 30 Board of Supervisors Regular Meeting of 08/11/04 057 Richard C. Shickle Aye Barbara E. Van Osten Aye Gary W. Dove Aye Bill M. Ewing Aye Gina A. Forrester Aye Lynda J. Tyler Aye CITIZEN COMMENTS There were no citizen comments BOARD OF SUPERVISORS COMMENTS Vice-Chairman Van Osten advised that it had come to her attention that a number of employers were encouraging others to support deployed members of the National Guard and Reserves and their families. Several localities have enacted legislation that would waive utility bills for members' families while they are deployed. She believed that this was something Frederick County should explore. Upon a motion by Vice-Chairman Van Osten, seconded by Supervisor Forrester, the Board authorized the County Administrator to work with the Sanitation Authority on exploring this action and the potential impact it might have on Frederick County. The above motion was approved by the following recorded vote: Richard C. Shickle Barbara E. Van Osten Gary W. Dove Bill M. Ewing Gina A. Forrester W. Harrington Smith, Jr. Lynda J. Tyler Aye Aye Aye Aye Aye Deceased Aye Chairman Shickle advised those present that the meeting would be adjourning early in order to allow the Board to go to the funeral home for Supervisor W. Harrington Smith, Jr.'s visitation. MINUTES-APPROVED Upon a motion by Supervisor Tyler, seconded by Supervisor Forrester, the minutes from the July 12, 2004 worksession were approved as presented by the following recorded vote: Richard C. Shickle Barbara E. Van Osten Gary W. Dove Bill M. Ewing Gina A. Forrester W. Harrington Smith, Jr. Lynda J. Tyler Aye Aye Aye Aye Aye Deceased Aye Upon a motion by Supervisor Tyler, seconded by Supervisor Forrester, the minutes from the Minute Book Number 30 Board of Supervisors Regular Meeting of 08/11/04 058 July 14, 2004 Regular Meeting were approved by the following recorded vote: Richard C. Shickle Barbara E. Van Osten Gary W. Dove Bill M. Ewing Gina A. Forrester W. Harrington Smith, Jr. Lynda 1. Tyler Aye Aye Aye Aye Aye Deceased Aye COUNTY OFFICIALS COMMITTEE APPOINTMENTS Chairman Shickle asked Administrator Riley to contact Northwestern Community Services to see if they had a recommendation for appointment to their committee. Chairman Shickle reminded the Board that time was getting short with regard to appointments to the Board of Equalization. MEMORANDUM RE: CHANGE IN UPCOMING BOARD MEETING DATES - APPROVED UNDER CONSENT AGENDA The following Board of Supervisors' meetings have been moved from their regularly scheduled date: Wednesday, August 25, 2004 has been moved to Tuesday, August 24,2004. Wednesday, October 13,2004 has been moved to Tuesday, October 12, 2004. REVIEW OF NORTHWESTERN COMMUNITY SERVICES' FISCAL YEAR 2005 PERFORMANCE CONTRACT - APPROVED UNDER CONSENT AGENDA The Board reviewed and endorsed the Northwestern Community Services Board's Performance Contract. The performance contract reflected the allocated Federal, State, and local funds and other reimbursements to be received in order to carry out the work of the Community Services Board, along with the projected levels of care and treatment in FY 2005. REOUEST FROM THE COMMISSIONER OF THE REVENUE FOR REFUND - APPROVED Administrator Riley advised that this was a request from the Commissioner of Revenue to the Board asking that the Treasurer be allowed to refund or roll credits as needed for Ryder Truck Rental LT. A refund of first-half 2004 personal property taxes is needed due to an error by DMV in the cost of new vehicles, which resulted in an over assessment. The exoneration amount requested is $6,136.20. Upon a motion by Vice-Chairman Van Osten, seconded by Supervisor Forrester, the Board Minute Book Number 30 Board of Supervisors Regular Meeting of 08/11/04 59 approved the refund request by the following recorded vote: Richard C. Shickle Barbara E. Van Osten Gary W. Dove Bill M. Ewing Gina A. Forrester W. Harrington Smith, Jr. Lynda 1. Tyler Aye Aye Aye Aye Aye Deceased Aye COMMITTEE REPORTS PUBLIC WORKS COMMITTEE REPORT - APPROVED The Public Works Committee met on Tuesday, July 27,2004, at 8:00 A.M. All members were present except Gary Dove. The following item was discussed: ***Item Requiring Action*** 1. PPEA Proposals for the Frederick County Public Safety Buildinl!- Approved Resolution Approvin~ Advancement of Proposal for a New Public Safety Buildin~ Pursuant to the PPEA A closed session was convened under the Virginia Code ~2.2-3711.30 to evaluate three (3) unsolicited proposals submitted under the PPEA format. Presentations were made by the following companies: Ricketts Construction Company, Inc. Howard Shockey & Sons, Inc. Northrop Grumman Missions System After reconvening from the closed session, a motion was made by Mr. Stan Crockett to recommend to the board of supervisors to enter into a comprehensive agreement with Howard Shockey & Sons, Inc. to negotiate under the PPEA format for design and construction ofthe public safety building. The motion was unanimously approved by the committee with an abstention by Mr. Whit Wagner. Upon a motion by Supervisor Tyler, seconded by Supervisor Dove, the Board approved the Resolution (#008-04) Approving Advancement of Proposal for a New Public Safety Building Pursuant to the Public-Private Education Facilities and Infrastructure Act of2002. WHEREAS, Frederick County, Virginia (the "County") has an urgent need for a new Public Safety Building due to the aging and insufficiency of existing facilities, the significant distance between existing facilities and the constituencies served, and the need to respond to Homeland Security threats; and WHEREAS, the County has made a new Public Safety Building a top priority in its Capital Improvement Program; and WHEREAS, the General Assembly enacted the Public-Private Education Facilities and Infrastructure Act of2002 (the "PPEA"), which provides an alternative to traditional methods for procurement of certain public facilities and infrastructure; and Minute Book Number 30 Board of Supervisors Regular Meeting of 08/11/04 060 WHEREAS, the County adopted its implementation procedures for the PPEA in July 2003; and WHEREAS, the County subsequently received an unsolicited conceptual proposal pursuant to the PPEA for the design, construction and furnishing of a new Public Safety Building (the "Project"); and WHEREAS, the County accepted the unsolicited proposal and offered notice that it would accept for simultaneous consideration any competing proposals; and WHEREAS, the County received additional conceptual-phase proposals from two other offerors for the Project; NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS: 1. The County Board of Supervisors (the "Board") hereby determines that proceeding with procurement of the Project under the PPEA is likely to be advantageous to the public and that use of "competitive negotiation" procedures under the PPEA for the Project is likely to be more advantageous to the County and the public based upon (i) the probable scope, complexity or urgency of the project, or (ii) risk sharing, added value, an increase in funding or economic benefit from the Project that would not otherwise be available; and 2. The Board hereby determines that the offeror team led by Howard Shockey & Sons, Inc. shall move to the detailed stage in accordance with Section 56-575.16 (2) of the PPEA Act; and 3. The Board hereby directs the County Administrator to (i) request that the Howard Shockey & Sons, Inc. team submit to the County a detailed stage proposal not later than August 31, 2004, to include information requested by the County Administrator as he shall deem appropriate, and (ii) coordinate the process for review of such detailed proposal. The above motion was approved by the following recorded vote: Richard C. Shickle Barbara E. Van Osten Gary W. Dove Bill M. Ewing Gina A. Forrester W. Harrington Smith, Jr. Lynda J. Tyler Aye Aye Aye Aye Aye Deceased Aye FINANCE COMMITTEE REPORT - APPROVED The Finance Committee met in the First Floor Conference Room at 107 North Kent Street on July 21,2004 at 8:00 A.M. 1. The Assistant County Administrator requests a General Fund supplemental appropriation in the amount of $97.704. This amount represents a carry-forward for funds allocated for the replacement of phone equipment. See attached memo, p. 1. The committee recommends approval. - Approved Upon a motion by Supervisor Forrester, seconded by Supervisor Ewing, the above request was approved by the following recorded vote: Richard C. Shickle Aye Barbara E. Van Osten Aye Gary W. Dove Aye Minute Book Number 30 Board of Supervisors Regular Meeting of 08/11/04 Bill M. Ewing Gina A. Forrester W. Harrington Smith, Jr. Lynda J. Tyler 061 Aye Aye Deceased Aye 2. The Clerk of the Circuit Court requests a General Fund supplemental appropriation in the amount of$4.397.08. This amount represents the reimbursement of state funds. No additional local funds are needed. See attached memo, p. 2-3. The committee recommends approval. _ Approved Upon a motion by Supervisor Forrester, seconded by Supervisor Ewing, the above request was approved by the following recorded vote: Richard C. Shickle Barbara E. Van Osten Gary W. Dove Bill M. Ewing Gina A. Forrester W. Harrington Smith, Jr. Lynda J. Tyler Aye Aye Aye Aye Aye Deceased Aye 3. The Director of Public Works requests a General Fund supplemental appropriation in the amount of$133.687. This amount represents carry-forward funds for the renovation project for the courtroom in the Old County Courthouse. See attached memo, p. 4. The committee recommends approval. - Approved Upon a motion by Supervisor Forrester, seconded by Supervisor Ewing, the above request was approved by the following recorded vote: Richard C. Shickle Barbara E. Van Osten Gary W. Dove Bill M. Ewing Gina A. Forrester W. Harrington Smith, Jr. Lynda J. Tyler Aye Aye Aye Aye Aye Deceased Aye 4. The Director of Public Works requests 1) a Landfill Fund supplemental appropriation in the amount of $1.330.000 representing a carry-forward for unfinished projects; 2) a General Fund supplemental appropriation in the amount of$11.339 representing a carry-forward for several Refuse Collection line items; 3) a General Fund supplemental appropriation in the amount of $221.000 representing a carry-forward for unfinished projects for Engineering; and 4) a General Fund supplemental appropriation in the amount of $10.782.34 representing a carry-forward to the Commonwealth Attorney's budget for repair and renovation of office space. See attached memo, p. 5-10. The committee recommends approval. The committee voted 5:1 on the Landfill supplemental appropriation which will be scheduled for public hearing with Committee Member Bill Ewing voting against this item. - Approved and Landfill Request to be Scheduled for Public Hearing Upon a motion by Supervisor Forrester, seconded by Supervisor Ewing, the above request was approved by the following recorded vote: Richard C. Shickle Aye Barbara E. Van Osten Aye Gary W. Dove Aye Bill M. Ewing Aye Minute Book Number 30 Board of Supervisors Regular Meeting of 08/11/04 062 Gina A. Forrester W. Harrington Smith, Jr. Lynda J. Tyler Aye Deceased Aye 5. The Director of Planning and Development requests a General Fund supplemental appropriation in the amount of$973.947.l4. This amount represents carry-forward funds for the Warrior Drive project. See attached memo, p. 11. The committee recommends approval and this item will be scheduled for a public hearing. - To Be Scheduled for Public Hearing Upon a motion by Supervisor Forrester, seconded by Supervisor Ewing, the above request was approved by the following recorded vote: Richard C. Shickle Barbara E. Van Osten Gary W. Dove Bill M. Ewing Gina A. Forrester W. Harrington Smith, Jr. Lynda J. Tyler Aye Aye Aye Aye Aye Deceased Aye 6. The Superintendent ofthe Regional Jail requests a Jail Fund supplemental appropriation in the amount of$116.385. This amount represents a carry-forward for professional services for construction and funding for payment for inmates being held for Frederick County by Roanoke City Jail. See attached memo, p. 12. The committee recommends approval. - Approved Upon a motion by Supervisor Forrester, seconded by Supervisor Ewing, the above request was approved by the following recorded vote: Richard C. Shick1e Barbara E. Van Osten Gary W. Dove Bill M. Ewing Gina A. Forrester W. Harrington Smith, Jr. Lynda 1. Tyler Aye Aye Aye Aye Aye Deceased Aye 7. The Director of Economic Development requests a General Fund supplemental appropriation in the amount of$2.100. This amount represents a carry-forward for items ordered before June 30 but not received until after July 1. See attached memo, p. 13. The committee voted 5:1 for approval with Committee Member Bill Ewing voting against this item. - Approved Upon a motion by Supervisor Forrester, seconded by Supervisor Ewing, the above request was approved by the following recorded vote: Richard C. Shickle Barbara E. Van Osten Gary W. Dove Bill M. Ewing Gina A. Forrester W. Harrington Smith, Jr. Lynda J. Tyler Nay Aye Aye Nay Aye Deceased Aye 8. The Town of Stephens City requests that the county transfer ownership of the old Stephens City School to the town. The town is currently in a 99 year lease on the property. See attached memo, p. 14. The committee recommends that the County Admini strator provide additional information on deeds, parcels and ownership of land. Minute Book Number 30 Board of Supervisors Regular Meeting of 08/11/04 063 9. The County Administrator would like to have a discussion on the Fire and Rescue Fee- for-Service. The committee recommends that the County Administrator seek Request For Proposals for a consultant subject to participation by other jurisdictions. The consultant will evaluate the feasibility of the Fire and Rescue Fee-For-Service program. Supervisor Dove moved that the Board postpone indefinitely seeking the Request for Proposal for a consultant to evaluate the feasibility ofthe Fire and Rescue fee-for-service program. The motion was seconded by Supervisor Ewing. Vice-Chairman Van Osten stated that it was critical that the Board find a solution to this funding problem. She believed both the volunteer staff and paid staff should be working together on this issue and that Supervisor Dove's recommendation might give the County time to bring the necessary individuals together to discuss this. Supervisor Tyler advised that she was not comfortable with an indefinite postponement. Chairman Shickle stated that postponing indefinitely would allow the Board to bring this issue up at anytime in the future. There being no further discussion on this matter, the motion to postpone indefinitely was approved by the following recorded vote: Upon a motion by Supervisor Forrester, seconded by Supervisor Ewing, the above request was approved by the following recorded vote: Richard C. Shickle Barbara E. Van Osten Gary W. Dove Bill M. Ewing Gina A. Forrester W. Harrington Smith, Jr. Lynda J. Tyler Aye Aye Aye Aye Aye Deceased Nay ***Items Not Requiring Action*** 1. Year-end information will be available at the end of next month. Information will be forwarded under separate cover to the Board of Supervisors and Finance Committee. ADJOURN UPON A MOTION BY SUPERVISOR EWING, SECONDED BY SUPERVISOR FORRESTER, THE BOARD ADJOURNED UNTIL THURSDAY, AUGUST 12,2004 AT 7:00 P.M. THE MOTION WAS APPROVED BY THE FOLLOWING RECORDED VOTE: Richard C. Shickle Aye Barbara E. Van Osten Aye Gary W. Dove Aye Minute Book Number 30 Board of Supervisors Regular Meeting of 08/11/04 064 Bill M. Ewing Gina A. Forrester W. Harrington Smith, Jr. Lynda J. Tyler Aye Aye Deceased Aye THE MEETING ADJOURNED AT 7:45 P.M. MEETING CONTINUED A Closed Session of the Frederick County Board of Supervisors was held on Wednesday, August 12,2004, at 7:00 P.M., in the Board of Supervisors' Meeting Room, 107 North Kent Street, Winchester, Virginia. PRESENT Chairman Richard C. Shickle; Vice Chairman Barbara E. Van Osten; Gary W. Dove; Bill M. Ewing; ABSENT GinaA. Forrester (arrived at7:09 p.m.); LyndaJ. Tyler (arrived 7:05 p.m.); W. Harrington Smith, Jr. (Deceased) CALL TO ORDER Chairman Shickle called the meeting to order. BOARD RETIRED INTO CLOSED SESSION Vice-Chairman Van Osten moved that the Board of Supervisors convene in Closed Session pursuant to Code of Virginia Section 2.2-3711 A (1) to discuss Personnel Matters. The motion was seconded by Supervisor Forrester and passed by the following recorded vote: Richard C. Shickle Barbara E. Van Osten Gary W. Dove Bill M. Ewing Gina A. Forrester W. Harrington Smith, Jr. Lynda J. Tyler Aye Aye Aye Aye Aye Deceased Aye BOARD WITHDREW FROM CLOSED SESSION Upon a motion made by Vice-Chairman Van Osten, seconded by Supervisor Forrester, the Board withdrew from closed session. 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 Minute Book Number 30 Board of Supervisors Regular Meeting of 08/11104 Gina A. Forrester W. Harrington Smith, Jr. Lynda J. Tyler 065 Aye Deceased Aye BOARD RECONVENED INTO REGULAR SESSION Upon a motion by Vice-Chairman Van Osten, seconded by Supervisor Ewing, the Board reconvened into Regular Session and certified that to the best of each Board members knowledge only Virginia Code Section 2.2-3711 A (1) Personnel Matters were discussed. The above motion was approved by the following recorded vote: Richard C. Shickle Barbara E. Van Osten Gary W. Dove Bill M. Ewing Gina A. Forrester W. Harrington Smith, Jr. Lynda J. Tyler Aye Aye Aye Aye Aye Deceased Aye CERTIFICATION OF COUNTY ADMINISTRATOR'S PERFORMANCE EVALUATION-APPROVED Upon a motion by Vice-Chairman Van Osten, seconded by Supervisor Forrester, the Board certified the County Administrator's Performance Evaluation. The above motion was approved by the following recorded vote: Richard C. Shickle Barbara E. Van Osten Gary W. Dove Bill M. Ewing Gina A. Forrester W. Harrington Smith, Jr. Lynda J. Tyler CALL TO ORDER Aye Aye Aye Aye Aye Deceased Aye Chairman Shickle called the Regular Meeting to order at 7:15 P.M. and advised that the meeting would begin with Citizen Comments. CITIZEN COMMENTS Gary Adams, Red Bud District, appeared before the Board to address the Master Development Plan for Fieldstone Subdivision. He advised that he was executor of Goldie's LC estate, which adjoins the Fieldstone and Fu-Shep Developments. He believed that the inter-parcel connector, which was required by the Board was needed. He then presented a letter to the Board dated February 2004 in which Arcadia expressed their interest in purchasing this parcel. Minute Book Nnmber 30 Board of Supervisors Regular Meeting of 08/11/04 066 Blaine Dunn, Red Bud District, appeared before the Board to address the Master Development Plan for Channing Drive, Phases nine & 10. He asked the Board to vote no on this proposed plan because, if approved, it would have a direct effect on the neighborhood residents. He concluded by asking Toll Brothers to work with the Board of Supervisors on this project. Tim Stafford, Red Bud District, began by expressing his condolences to the Board on the loss of Supervisor W. Harrington Smith, Jr. He then address the Fieldstone Subdivision Master Development Plan and more particularly the Nassau Drive issue. He stated that it was imperative that the Board "stick to their guns" and make Nassau Drive a connector road. PLANNING COMMISSION BUSINESS PUBLIC HEARING PUBLIC HEARING - REZONING #07-04 OF WILLIAM H. LAWRENCE. III. SUBMITTED BY GILBERT W. CLIFFORD & ASSOCIATES. INC. TO REZONE 1.965 ACRES FROM RA (RURAL AREAS) DISTRICT TO B2 (BUSINESS GENERAL) DISTRICT. THIS PROPERTY IS LOCATED ON THE EAST SIDE OF MARTINSBURG PIKE (ROUTE 11 N). SOUTH AND ADJACENT TO CLEARBROOKPRESBYTERIAN CHURCH. AND BOUNDED TO THE EAST AND SOUTH BY CLEARBROOK PARK. AND IS IDENTIFIED WITH PROPERTY IDENTIFICATION NUMBER 33-A-162 IN THE STONEWALL MAGISTERIAL DISTRICT. - APPROVED Planner I and Acting Zoning & Subdivision Administrator Mark Cheran appeared before the Board on behalf ofthis application. He advised that this was a proposal to rezone 1.965 acres from RA (Rural Areas) District to B2 (Business General) District. This property is located in the Stonewall Magisterial District and the Sewer and Water Service Area. The proposal also conforms to the Northeast Land Use Plan. Planner I Cheran stated that the applicant has proffered landscaping to offset compatibility concerns relative to this project and adjacent properties. The applicant has also proffered to prohibit several B2 uses, including service station, auto dealership, and truck stop. Planner I Cheran advised that the traffic impact analysis proj ects the level of service at build out to be level C or better. The applicant has also proffered a monetary contribution of$2,000.00 each to Frederick County Fire & Rescue and Sheriffs Departments. He concluded by saying that the final buffer plan will be developed by staff and the applicant. Supervisor Tyler stated that she was concerned about the buffer on the property boundary with the park. She stated that the Parks & Recreation Committee would like to have an evergreen buffer. Minute Book Number 30 Board of Supervisors Regular Meeting of 08/1l/04 067 Mr. William Lawrence, applicant, advised that he could plant in evergreens along that property line. Chairman Shickle convened the public hearing. There were no public comments. Chairman Shickle closed the public hearing. Upon a motion by Supervisor Tyler, seconded by Supervisor Forrester, the Board approved rezoning application #07-04 with the condition that the buffer between this property and the park be planted evergreens. The motion was approved by the following recorded vote: Richard C. Shickle Barbara E. Van Osten Gary W. Dove Bill M. Ewing Gina A. Forrester W. Harrington Smith, Jr. Lynda J. Tyler Aye Aye Aye Aye Aye Deceased Aye PUBLIC HEARING - REZONING #09-04 OF DAVID A. AND LINDA W. HICKS. SUBMITTED BY GREENWAY ENGINEERING. INC.. TO REZONE .85 ACRES FROM RA (RURAL AREAS) DISTRICT TO B2 (BUSINESS GENERAL) DISTRICT. THE SUBJECT ACREAGE IS LOCATED WEST AND ADJACENT TO NORTH FREDERICK PIKE (ROUTE 522 N) AND NORTH AND ADJACENT TO BURNT CHURCH ROAD (ROUTE 678). AND IS IDENTIFIED BY PROPERTY IDENTIFICATION NUMBER 42-A-81 IN THE GAINESBORO MAGISTERIAL DISTRICT. - APPROVED Planner I Cheran appeared before the Board on behalf of this application. He advised that this was an application to rezone .85 acres from RA (Rural Areas) District to B2 (Business General) District in order to accommodate a future office issue. He stated that this rezoning is consistent with the adopted Rural Community Center Policy Plan. This proposed project would create 89 vehicle trips today. Planner I Cheran advised that the applicant has received Health Department approval to locate a drain field beneath the proposed parking area, as this property is not located within the Sewer & Water Service Area. He stated that the height of the proposed structure is not to exceed 35 feet. The applicant has proffered $1,000.00 to Fire & Rescue. He concluded by saying that Evan Wyatt was present on behalf of the applicant. Evan Wyatt, Greenway Engineering, reviewed the rendering ofthe proposed office structure. He concluded by requesting approval. Chairman Shickle convened the public hearing. Minute Book Number 30 Board of Supervisors Regular Meeting of 08/11/04 Richard C. Shickle Barbara E. Van Osten Gary W. Dove Bill M. Ewing Gina A. Forrester W. Harrington Smith, Jr. Lynda J. Tyler Aye Aye Aye Aye Aye Deceased Aye , . , , I m - 068 There were no public comments. Chairman Shickle closed the public hearing. Upon a motion by Supervisor Dove, seconded by Vice-Chairman Van Osten, the Board approved Rezoning #09-04. The above motion was approved by the following recorded vote: PUBLIC HEARING- 2005-2006 UPDATE OF THE SECONDARY, PRIMARY,AND INTERSTATE ROAD IMPROVEMENT PLANS (RESOLUTION #'S 009-04: 010-04 AND 011-04). THE SECONDARY, PRIMARY, AND INTERSTATE ROAD IMPROVEMENT PLANS ESTABLISH LOCAL PRIORITIES FOR IMPROVEMENTS TO THE SECONDARY, ARTERIAL. AND INTERST ATE ROADS IN FREDERICK COUNTY. COMMENTS FROM THE PLANNING COMMISSION SHALL BE FORWARDED TO THE BOARD OF SUPERVISORS THE PRIORITIES RECOMMENDED BY THE BOARD OF SUPERVISORS SHALL BE FORWARDED TO THE COMMONWEALTH TRANSPORTATION BOARD FOR FUNDING CONSIDERATION. - APPROVED Planner II Jeremy Camp appeared before the Board on behalf of this item. He advised that each year, Frederick County recommends transportation improvement plans for the secondary primary, and Interstate roads. The Transportation Committee reviewed and recommended approva of these plans as did the Frederick County Planning Commission. Planner II Camp then reviewed the maps for each of the proposed plans. Chairman Shickle convened the public hearing. There were no public comments. Chairman Shickle closed the public hearing. Upon a motion by Supervisor Tyler, seconded by Supervisor Forrester, the Board approved the 2005-2006 Secondary Road Improvement Plan. RESOLUTION #009-04 2005-2006 SECONDARY ROAD IMPROVEMENT PLAN WHEREAS, the Frederick County Transportation Committee and the Frederick County planning staff reviewed the proposed 2004-2005 Secondary Road Improvement Plan for Frederick County; and WHEREAS, the Frederick County Transportation Committee recommended approval ofthis plan on June 17,2004; and Minute Book Number 30 Board of Snpervisors Regular Meeting of 08/11104 069 WHEREAS, the Frederick County Planning Commission held a public hearing and recommended approval of this plan at their meeting on July 21,2004; and WHEREAS, the Frederick County Board of Supervisors had previously agreed to assist in the preparation of this plan in accordance with the Virginia Department of Transportation 's policies and procedures and participated in a public hearing on the proposed plan, after being duly advertised so that all citizens of the County had the opportunity to participate in said hearing and to make comments and recommendations concerning the proposed plan and priority list; and WHEREAS, a representative ofthe Virginia Department of Transportation appeared before the Board during the public hearing; and WHEREAS, the Frederick County Board of Supervisors support the priorities of the secondary road improvement projects for programming by the Commonwealth Transportation Board and the Virginia Department of Transportation; NOW, THEREFORE, BE IT ORDAINED by the Frederick County Board of Supervisors as follows: The 2005-2006 Secondary Road Improvement Plan appears to be in the best interest ofthe citizens of Frederick County and the Secondary Road System in Frederick County; and therefore, the Frederick County Board of Supervisors hereby approves the 2005-2006 Secondary Road Improvement Plan for Frederick County, Virginia as presented at the public hearing held on August 11,2004. The above motion was approved by the following recorded vote: Richard C. Shickle Barbara E. Van Osten Gary W. Dove Bill M. Ewing Gina A. Forrester W. Harrington Smith, Jr. Lynda 1. Tyler Aye Aye Aye Aye Aye Deceased Aye Upon a motion by Vice-Chairman Van Osten, seconded by Supervisor Dove, the Board approved the 2005-2006 Primary Road Improvement Plan. RESOLUTION #010-04 2005-2006 PRIMARY ROAD IMPROVEMENT PLAN WHEREAS, the Frederick County Transportation Committee and the Frederick County planning staff reviewed the proposed 2004-2005 Primary Road Improvement Plan for Frederick County; and WHEREAS, the Frederick County Transportation Committee recommended approval ofthis plan on June 17, 2004; and WHEREAS, the Frederick County Planning Commission held a public hearing and recommended approval of this plan at their meeting on July 21, 2004; and WHEREAS, the Frederick County Board of Supervisors had previously agreed to assist in the preparation ofthis plan in accordance with the Virginia Department of Transportation' s policies and procedures and participated in a public hearing on the proposed plan, after being duly advertised so that all citizens of the County had the opportunity to participate in said hearing and to make comments and recommendations concerning the proposed plan and priority list; and Minute Book Number 30 Board of Supervisors Regular Meeting of 08/11/04 070 WHEREAS, a representative of the Virginia Department of Transportation appeared before the Board during the public hearing; and WHEREAS, the Frederick County Board of Supervisors support the priorities ofthe primary road improvement projects for programming by the Commonwealth Transportation Board and the Virginia Department of Transportation; NOW, THEREFORE, BE IT ORDAINED by the Frederick County Board of Supervisors as follows: The 2005-2006 Primary Road Improvement Plan appears to be in the best interest of the citizens of Frederick County and the Primary Road System in Frederick County; and therefore, the Frederick County Board of Supervisors hereby approves the 2005-2006 Primary Road Improvement Plan for Frederick County, Virginia as presented at the public hearing held on August 11,2004. Supervisor Ewing stated that he hated to see Route 277 bumped to second place, but he realized the importance of Route 37. Supervisor Tyler concurred with Supervisor Ewing's comments regarding Route 277. She advised that she had several problems with Route 37. She stated that Route 37 would have to be done in phases, which would continue to push Route 277 further into the future. She concluded by saying that she felt Route 277 should be the number one priority in this plan. There being no further discussion, the Board approved the above motion by the following recorded vote: Richard C. Shickle Barbara E. Van Osten Gary W. Dove Bill M. Ewing Gina A. Forrester W. Harrington Smith, Jr. Lynda J. Tyler Aye Aye Aye Aye Nay Deceased Nay Upon a motion by Supervisor Tyler, seconded by Supervisor Ewing, the Board approved the 2005-2006 Interstate Road Improvement Plan. RESOLUTION #011-04 2005-2006 INTERSTATE ROAD IMPROVEMENT PLAN WHEREAS, the Frederick County Transportation Committee and the Frederick County planning staff reviewed the proposed 2004-2005 Interstate Road Improvement Plan for Frederick County; and WHEREAS, the Frederick County Transportation Committee recommended approval ofthis plan on June 17,2004; and WHEREAS, the Frederick County Planning Commission held a public hearing and recommended approval of this plan at their meeting on July 21, 2004; and WHEREAS, the Frederick County Board of Supervisors had previously agreed to assist in the preparation ofthis plan in accordance with the Virginia Department of Transportation' s policies Minute Book Number 30 Board of Supervisors Regular Meeting of 08/11/04 I _______ 071 and procedures and participated in a public hearing on the proposed plan, after being duly advertised so that all citizens of the County had the opportunity to participate in said hearing and to make comments and recommendations concerning the proposed plan and priority list; and WHEREAS, a representative ofthe Virginia Department of Transportation appeared before the Board during the public hearing; and WHEREAS, the Frederick County Board of Supervisors support the priorities of the interstate road improvement proj ects for pro gramming by the Commonwealth Transportation Board and the Virginia Department of Transportation; NOW, THEREFORE, BE IT ORDAINED by the Frederick County Board of Supervisors as foIlows: The 2005-2006 Interstate Road Improvement Plan appears to be in the best interest of the citizens of Frederick County and the Interstate Road System in Frederick County; and therefore, the Frederick County Board of Supervisors hereby approves the 2005-2006 Interstate Road Improvement Plan for Frederick County, Virginia presented at the public hearing held on August 11,2004. The above motion was approved by the foIIowing recorded vote: Richard C. Shickle Barbara E. Van Osten Gary W. Dove BiII M. Ewing Gina A. Forrester W. Harrington Smith, Jr. Lynda J. Tyler Aye Aye Aye Aye Aye Deceased Aye PUBLIC HEARING - ROAD ABANDONMENT AND CONVEYANCE - ROSS STREET. PROPOSED CONVEYANCE BY THE COUNTY OF ITS RIGHT-OF- WAY INTEREST IN THAT CERTAIN PARCEL OF LAND LOCATED IN THE SHANNON HILLS SUBDIVISION ON ROSS STREET. NORTH OF THE INTERSECTION OF THE EXISTING ROSS STREET AND WEST VIRGINIA PARKWAY. THE PARCEL IS LOCATED TO THE EAST OF PROPERTY IDENTIFICATION NUMBERS 54G-1-44 AND 54G-1-45 TO THE WEST OF PROPERTY IDENTIFICATION NUMBERS 54G-1-38. 54G-1-39. 54G-1-40. - APPROVED WITH AMENDED VERBIAGE Planner I Cheran appeared before the Board on behalf ofthis item. He advised that staff had received a request for the Board to approve a road abandonment resolution on a section of Ross Street in the StonewaII Magisterial District. The plat can be administratively approved, ifthe Board of Supervisors approves this abandonment. He stated that the subject area is unimproved and maintained by the adjoining property owners. Chairman Shickle convened the public hearing. Ed Haberly, resident of Shannon HiIIs Subdivision, advised that he was concerned with the written description of the proposed conveyance. He stated that the properties listed to the east and west should be reversed. The revised wording should read "the parcel is located to the west of Minute Book Number 30 Board of Supervisors Regular Meeting of 08/11/04 072 property identification Numbers 54G-1-44 and 54G-1-45, and to the east of property identification numbers 54G-1-38, 54G-1-39, 54G-1-40". There being no further comments, Chairman Shickle closed the public hearing. Planner I Cheran advised that the advertisement verbiage was incorrect, but the plats were certified and correct. He suggested that the Board approve this abandonment with the amended verbiage as specified by Mr. Haberly. Upon a motion by Supervisor Tyler, seconded by Supervisor Forrester, the Board approved the Ross Street Abandonment Request with the amended verbiage. The above motion was approved by the following recorded vote: Richard C. Shickle Barbara E. Van Osten Gary W. Dove Bill M. Ewing Gina A. Forrester W. Harrington Smith, Jr. Lynda 1. Tyler Aye Aye Aye Aye Aye Deceased Aye PUBLIC HEARING - NO-THRU TRUCKS - REST CHURCH ROAD (ROUTE 669) AND WELLTOWN ROAD (ROUTE 661). CONSIDERATION OF RESTRICTING NO- THRU TRUCKS ON REST CHURCH ROAD (ROUTE 669) BETWEEN ITS INTERSECTION WITH INTERSTATE 81 TO ITS INTERSECTION WITH WELL TOWN ROAD (ROUTE 661) AND WELL TOWN ROAD (ROUTE 661) BETWEEN ITS INTERSECTION WITH REST CHURCH ROAD (ROUTE 669) AND ITS INTERSECTION WITH MCGHEE ROAD AT THE ENTRANCE OF STONEWALL INDUSTRIAL PARK. AN ALTERNATE ROUTE EXISTS VIA WELL TOWN ROAD (ROUTE 661). SOUTH TO ITS INTERSECTION WITH MCGHEE ROAD. TO ROUTE 11. TO INTERSTATE 81. TO THE ROUTE 669 INTERCHANGE - (RESOLUTION #006-04) - APPROVED Chairman Shickle stated that there would be only one public hearing, which would cover all of the proposed No- Thru- Truck routes, but the Board would vote on the proposals individually. Planner II Camp appeared before the Board on behalf of this item. He reviewed the routes to be closed and the proposed alternate routes. Assistant Administrator Tierney advised that, even though a route is posted as a no-thru-truck route, a truck can travel along a portion of that route as long as it does not go from termini to termini. Chairman Shickle advised that there might be some confusion as to these alternate routes, depending on the placement of the signage. Supervisor Tyler advised that the Board went through this same process approximately 1 Yz years ago for these same roads. Minute Book Number 30 Board of Supervisors Regular Meeting of 08/11/04 Ln 073 VDOT Resident Engineer Jerry Copp stated that he believed the potential was there for confusion at first, once the no-thru-routes are comnllmicated to the truckers then it should not be confusing. He concluded by saying that he had not received any complaints to date. Assistant Administrator Tierney advised that the reason these requests were back before the Board was because of a technicality in the advertising. He concluded by saying that if these designations are approved then the signs would remain as they have since the original designation of these routes. Chairman Shickle convened the public hearing. Glenda Fertig, Opequon District and resident of White Oak Road, stated that closing Warrior Drive to no-thru-trucks would create problems on White Oak Road. She stated that she has already seen a lot of increased traffic and heavy construction traffic along White Oak Road. Tom Stephenson, Stonewall District, spoke in favorofthe no-thru-truck designation of Rest Church and Well town Roads. He asked the Board to keep this designation in place as it was a matter of public safety. Bruce Painter, Stonewall District and 40 year resident of Woods Mill Road, advised the Board that he was present on behalf of a 4 Yz year old. He stated that his neighbor had been struck by another vehicle along Woods Mill Road. He advised that the road was not built to handle large trucks. He stated that he had lost a son in a traffic accident involving a truck and that he had no more children to give up for this. He concluded by asking the Board "isn't life more important than the extra time it takes to get somewhere?" Ron Comer, Stonewall District, asked the Board to keep the no-thru-truck restrictions in place because the roads were not made to accommodate modern day trucks. He concluded by saying that there should not be trucks on these roads. Ty Lawson, Attorney, appeared before the Board on behalf of a group known as Public Road Rights, which was a group of citizens organized to keep roads open to all vehicles. He advised that he was here pursuant to the Virginia State Code and the Administrative Code. He stated that there should be an allowance for a time and distance comparison of the alternate routes and he was not sure that had been done. He advised that the Transportation Committee might want to study the proposed alternate routes further. Minute Book Number 30 Board of Supervisors Regular Meeting of 08/11/04 I 074 Jeff Jenkins, Red Bud District, addressed the Board regarding the confusion of the posted signage along these routes. He also reviewed traffic violation statistics for many of the roads proposed for no-tbm-truck designation, which showed very few incidents involving tractor trailers. He stated, with regard to his business, that he would have to now travel Apple Pie Ridge Road in order to get to the quarry. He concluded by saying that there were so many things about this proposed designation that he did not understand. John Rutherford advised that all truckers are concerned about maintaining their commercial driver's license; therefore, they really try to guard them. He reviewed the di fferent types of road taxes that truckers pay, as well as the high insurance rates. He stated that by shutting down these roads, the Board was only compounding the truck problem by funneling them on to a limited number of roads. He stated that truckers needed all of the roads. He concluded by saying that there were a lot of issues that have to be dealt with. There being no further public comments, Chairman Shickle closed the public hearing. Upon a motion by Supervisor Tyler, seconded by Supervisor Forrester, the Board approved the Resolution to Request the Commonwealth Transportation Board to Consider Restricting Through Truck Traffic on the Following Segments of Rest Church Road (Route 669) and Welltown Road (Route 661). WHEREAS, Rest Church Road (route 669) between its intersection with Interstate 81 to its intersection with Welltown Road (Route 661); and Welltown Road (Route 661) between its intersection with Rest Church Road (Route 669) and its intersection with McGhee Road at the entrance to Stonewall Industrial Park are local roads designed to handle residential traffic and are not designed or intended to serve heavy truck traffic; and WHEREAS, local residents and county officials are concerned about heavy truck traffic on these road segments; and WHEREAS, the Frederick County Board of Supervisors has identified that an alternate route exist via Welltown Road (Route 661), south to its intersection with McGhee Road, to Route 11, to Interstate 81, to the Route 669 interchange; and WHEREAS, in accordance with Section 46.2-809 of the Code of Virginia, the Frederick County Board of Supervisors has conducted a public hearing on August 11,2004 to obtain public comments on restricting through truck traffic on the aforementioned road segments of Rest Church Road (Route 669) and Welltown Road (Route 661); and WHEREAS, the Frederick County Board of Supervisors will use its good offices for enforcement of the proposed restrictions by the appropriate local law enforcement agency. NOW, THEREFORE, BE IT RESOLVED, that the Frederick County Board of Supervisors does hereby request that the Commonwealth Transportation Board consider restricting through truck traffic on Rest Church Road (Route 669) between its intersection with Interstate 81 to its intersection with Welltown Road (Route 661) and Welltown Road (Route 661) between its Minute Book Number 30 Board of Supervisors Regular Meeting of 08/11/04 075 intersection with Rest Church Road (Route 669) and its intersection with McGhee Road at the entrance to Stonewall Industrial Park. Supervisor Tyler stated that this was truly an issue of public safety. Supervisor Forrester stated that the drivers' qualifications were not at issue here, but rather the fact that these roads were not built to handle large trucks. Vice-Chairman Van Osten echoed Supervisor Forrester's remarks and stated that the Board supported the services provided by truckers. Supervisor Dove stated that he could see the need for the designation ofthese particular roads because there were no businesses out there, but he had concerns about the other roads proposed for designation. There being no further discussion, the above resolution was approved by the following recorded vote: Richard C. Shickle Barbara E. Van Osten Gary W. Dove Bill M. Ewing Gina A. Forrester W. Harrington Smith, Jr. Lynda J. Tyler Aye Aye Aye Aye Aye Deceased Aye PUBLIC HEARING - NO-THRU TRUCKS - JORDAN SPRINGS ROAD (ROUTE 664) AND BURNT FACTORY ROAD (ROUTE 659). CONSIDERATION OF RESTRICTING NO- THRU TRUCKS ON JORDAN SPRINGS ROAD (ROUTE 664) AND BURNT FACTORY ROAD (ROUTE 659) FROM THE INTERSECTION OF JORDAN SPRINGS ROAD (ROUTE 664) AND OLD CHARLES TOWN ROAD (ROUTE 761) TO THE INTERSECTION OF BURNT FACTORY ROAD (ROUTE 659) AND BERRYVILLE PIKE (ROUTE 7). AN ALTERNATE ROUTE EXISTS FROM THE INTERSECTION OF JORDAN SPRINGS ROAD (ROUTE 664) AND OLD CHARLES TOWN ROAD (ROUTE 761) TO STEPHENSON ROAD (ROUTE 664) TO MARTINSBURG PIKE (ROUTE 11) TO INTERSTATE 81 TO BERRYVILLE PIKE (ROUTE 7). - (RESOLUTION #004-04) - APPROVED Upon a motion by Supervisor Tyler, seconded by Supervisor Forrester, the Board approved the Resolution to Request the Conunonwealth Transportation Board to Consider Restricting Through Truck Traffic on the Following Segments of Jordan Springs Road (Route 664) and Burnt Factory Road (Route 659). WHEREAS, Jordan Springs Road (Route 664) between its intersection with Old Charles Town Road (Route 761) and its intersection with Burnt Factory Road (Route 659); and Burnt Factory Road (Route 659) between its intersection with Jordan Springs Road (Route 664) and Berryville Pike (Route 7) are classified as local roads and minor collector roads and are not designed or intended to serve heavy truck traffic; and WHEREAS, local residents and county officials are concerned about heavy truck traffic on these road segments; and Minute Book Number 30 Board of Supervisors Regular Meeting of 08/11/04 1076 I L_. WHEREAS, the Frederick County Board of Supervisors has identified that an alternate route exists from the intersection ofJordan Springs Road (Route 664) and Old Charles Town Road (Route 761) to Stephenson Road (Route 664) to Martinsburg Pike (Route 11) to Interstate 81 to Berryville Pike (Route 7); and WHEREAS, in accordance with Section 46.2-809 of the Code of Virginia, the Frederick County Board of Supervisors has conducted a public hearing on August 11, 2004 to obtain public comments on restricting through truck traffic on the aforementioned road segments ofJ ordan Springs Road and Burnt Factory Road; and WHEREAS, the Frederick County Board of Supervisors will use its good offices for enforcement of the proposed restrictions by the appropriate local law enforcement agency. NOW, THEREFORE, BE IT RESOLVED, that the Frederick County Board of Supervisors does hereby request that the Commonwealth Transportation Board consider restricting through truck traffic on Jordan Springs Road (Route 664) between its intersection with Old Charles Town Road (Route 761) and its intersection with Burnt Factory Road (Route 659) and Burnt Factory Road (Route 659) between its intersection with Jordan Springs Road (Route 664). Supervisor Tyler stated that if any of the Supervisors could not support this one, it would suggest that they have not driven on that road. Supervisor Dove stated that this shows a need for the Route 37 Bypass on the northern end. There being no further discussion, the above resolution was approved by the following recorded vote: Richard C. Shickle Barbara E. Van Osten Gary W. Dove Bill M. Ewing Gina A. Forrester W. Harrington Smith, Jr. Lynda J. Tyler Aye Aye Nay Nay Aye Deceased Aye PUBLIC HEARING - NO-THRU TRUCKS - WARRIOR DRIVE (ROUTE 719). CONSIDERATION OF RESTRICTING NO- THRUTRUCKS ONW ARRIORDRIVE (ROUTE 719) BETWEEN ITS INTERSECTION WITH FAIRFAX PIKE (ROUTE 277) AND TASKER ROAD (ROUTE 642). AN AL TERNA TE ROUTE EXISTS VIA FAIRFAX PIKE (ROUTE 277) TO ROUTE 522. TO TASKER ROAD (ROUTE 642),- (RESOLUTION #007-04) - APPROVED Upon a motion by Supervisor Ewing, seconded by Supervisor Forrester the Board approved the Resolution to Request the Commonwealth Transportation Board to Consider Restricting Through Truck Traffic on Warrior Drive (Route 719) Between Its Intersection with Fairfax Pike (Route 277) and Tasker Road (Route 642). WHEREAS, Warrior Drive (Route 719) between its intersection with Fairfax Pike (Route 277) and Tasker Road (Route 642) is classified as a major collector road designed to collect traffic from minor collector and local roads; and WHEREAS, local residents and county officials are concerned about heavy truck traffic on these road segments; and Minute Book Number 30 Board of Supervisors Regular Meeting of 08/11104 077 WHEREAS, the Frederick County Board of Supervisors has identified that an alternate route exists from Fairfax Pike (Route 277) to Route 522, to Tasker Road (Route 642); and WHEREAS, in accordance with Section 46.2-809 of the Code of Virginia, the Frederick County Board of Supervisors has conducted a public hearing on August 11, 2004 to obtain public comments on restricting through truck traffic on the aforementioned road segments of Warrior Drive (Route 719); and WHEREAS, the Frederick County Board of Supervisors will use its good offices for enforcement of the proposed restrictions by the appropriate local law enforcement agency. NOW, THEREFORE, BE IT RESOLVED, that the Frederick County Board of Supervisors does hereby request that the Commonwealth Transportation Board consider restricting through truck traffic on Warrior Drive from its intersection with Fairfax Pike (Route 277) and Tasker Road (Route 642). Supervisor Ewing stated that he agreed with the resident of White Oak Road that something needed to be done on that road. There being no further discussion the above resolution was approved by the following recorded vote: Richard C. Shickle Barbara E. Van Osten Gary W. Dove Bill M. Ewing Gina A. Forrester W. Harrington Smith, JI. Lynda J. Tyler Aye Aye Aye Aye Aye Deceased Aye PUBLIC HEARING - NO-THRU TRUCKS - WOODS MILL ROAD (ROUTE 660). CONSIDERATION OF RESTRICTING NO-THRU TRUCKS ON WOODS MILL ROAD (ROUTE 660) FROM BERRYVILLE PIKE (ROUTE 7) TO JORDAN SPRINGS ROAD (ROUTE 664). AN ALTERNATE ROUTE EXISTS VIA BERRYVILLE PIKE (ROUTE 7) TO INTERSTATE 81 TO MARTINSBURG PIKE (ROUTE 11) TO STEPHENSON ROAD (ROUTE 664) TO JORDAN SPRINGS ROAD (ROUTE 664) TO THE INTERSECTION WITH WOODS MILL ROAD (ROUTE 660). - (RESOLUTION #005-04) - APPROVED Upon a motion by Supervisor Tyler, seconded by Supervisor Forrester, the Board approved the Resolution to Request the Commonwealth Transportation Board to Consider Restricting through Truck Traffic on the Following Segments of Woods Mill Road (Route 660). WHEREAS, Woods Mill Road (Route 660) between its intersection with Berryville Pike (Route 7) and Jordan Springs Road (Route 664) is classified as a minor collector road and is not designed or intended to serve heavy truck traffic; and WHEREAS, local residents and county officials are concerned about heavy truck traffic on this road segment; and WHEREAS, the Frederick County Board of Supervisors has identified that an alternate route exists via Berryville Pike (Route 7) to Interstate 81 to Martinsburg Pike (Route 11) to Stephenson Road (Route 664) to Jordan Springs Road (Route 664) to the intersection with Woods Mill Road (Route 660); and Minute Book Number 30 Board of Supervisors Regular Meeting of 08/11/04 078 WHEREAS, in accordance with Section 46.2-809 ofthe Code of Virginia, the Frederick County Board of Supervisors has conducted a public hearing on August 11, 2004 to obtain public comments on restricting through truck traffic on the aforementioned road segments of Woods Mill Road (Route 660); and WHEREAS, the Frederick County Board of Supervisors will use its good offices for enforcement of the proposed restrictions by the appropriate local law enforcement agency. NOW, THEREFORE, BE IT RESOLVED, that the Frederick County Board of Supervisors does hereby request that the Commonwealth Transportation Board consider restricting through truck traffic on Woods Mill Road (Route 660) between its intersection with Berryville Pike (Route 7) and Jordan Springs Road (Route 664). The above resolution was approved by the following recorded vote: Richard C. Shickle Barbara E. Van Osten Gary W. Dove Bill M. Ewing Gina A. Forrester W. Harrington Smith, Jr. Lynda J. Tyler Aye Aye Nay Aye Aye Deceased Aye OTHER PLANNING ITEMS MASTER DEVELOPMENT PLAN-REGENTS CRESCENT-APPROVED Planner II Camp appeared before the Board on behalf of this item. He advised that this was a proposed mixed use development located in the Stonewall Magisterial District. The parcel is split zoned B2 (Business General) and RP (Residential Performance) Districts. The proposed project would create 70 residential units, with a mixture of townhouse and single-family detached homes. Planner II Camp advised that there were no significant historic resources on the property. He stated that the citizens who spoke at the Planning Commission meeting preferred not to have the proposed state road connection that was offered by the applicant. The Planning Commission recommended approval of this master development plan. Planner II Camp advised that no subdivision of this lot would be permitted. He concluded by saying that Board authorization would grant staff administrative approval authority of this plan. Vice-Chairman Van Osten advised that the Planning Commission was concerned about the waivers and recommended that the speed limit be reduced in that area. She asked Engineer Copp what would be the procedure for doing this. Engineer Copp advised that VDOT could conduct a speed study, which could be completed within 60 to 90 days. He concluded by saying that he believed it would be appropriate to undertake this study now. Minute Book Number 30 Board of Supervisors Regular Meeting of 08/11 /04 079 Chairman Shickle stated that his only problems with this proposed plan were transportation related. He asked ifthe turn lane was as much as could be done for this project. Engineer Copp advised that extending the turn lane was a possibility and stated that he could input that information into VDOT's model to see what the impact would be. Supervisor Tyler stated that she was concerned about the buffering between this project and the existing residences. Upon a motion by Supervisor Tyler seconded by Supervisor Dove, the Board approved Master Development Plan #02-03, Regents Crescent. The above motion was approved by the following recorded vote: Richard C. Shickle Barbara E. Van Osten Gary W. Dove Bill M. Ewing Gina A. Forrester W. Harrington Smith, Jr. Lynda J. Tyler Nay Aye Aye Aye Aye Deceased Aye Supervisor Tyler stated that she was concerned about the waivers that were granted. She asked the Board if there was any interest in changing the waiver process. Chairman Shickle stated that it was part ofthe zoning ordinance, which outlined those issues that were under the Board's authority and those that were under the Planning Commission's authority. Administrator Riley suggested that the Planning Staff and Development Regulations and Review Subcommittee look at the issue of waivers and make a report to the Board. The Board could then discuss the possibility of restructuring the process. Chairman Shickle suggested that a list of waivers and the approving body be provided first. MASTER DEVELOPMENT PLAN - FIELDSTONE SUBDIVISION - APPROVED Assistant Administrator Tierney presented this item to the Board. He advised that this master development plan had come before the Board on June 9, 2004 and was a proposal to construct 63 single-family dwellings and 225 townhouse units, located in the Red Bud District. The Board approved this master development plan with the stipulation that the applicant provide the necessary extension of the local street known as an inter-parcel connector, Nassau Drive, to the eastern property line per 144-17 B (2) of the County Code. The applicant objected to that stipulation. Assistant Administrator Tierney advised that Attorney Bob Mitchell reviewed the motion and zoning Minute Book Number 30 Board of Supervisors Regular Meetiug of 08/11/04 080 ordinance section cited and determined that the section cited did not apply to this particular application. Assistant Administrator Tierney advised that there were provisions in the County's subdivision and zoning ordinance to require the applicant to provide this access. He concluded by saying that the matter is back before the Board for clarification action. Supervisor Forrester asked if the County was requiring a connection to the subdivision. Assistant Administrator Tierney advised that the County was trying to ensure that the subdivision has multiple means of access. Chairman Shickle asked if these inter-parcel connectors were local or public streets. Assistant Administrator Tierney advised that the streets would be public; however, they could also be local streets, but they were not private streets. Supervisor Ewing asked if this was a public street. Assistant Administrator Tierney advised that there was no street now. Vice-Chairman Van Osten stated that this section ofthe zoning ordinance was confusing and requested that it be revised. She went on to say that she believed the inter-parcel connector made good sense. Assistant Administrator Tierney advised that the Board has the authority to require the inter- parcel connector, if it is deemed appropriate. He concluded by saying that ifthe Board chooses to require this connector then the motion should just state that requirement. Upon a motion by Supervisor Forrester, seconded by Supervisor Tyler, the Board approved Master Development Plan #03-04 with the change that the street identified as Nassau Drive on the Master Development Plan be extended to the eastern property line of the property. The above motion was approved by the following recorded vote: Richard C. Shickle Barbara E. Van Osten Gary W. Dove Bill M. Ewing Gina A. Forrester W. Harrington Smith, Jr. Lynda J. Tyler Nay Aye Aye Nay Aye Deceased Aye MASTER DEVELOPMENT PLAN - CHANNING DRIVE. PHASES 9 & 10. - APPROVED Assistant Administrator Tierney presented this application to the Board. He advised that this project is located within the Red Bud District and carne before the Board on July 14,2004, at which Minute Book Number 30 Board of Supervisors Regular Meeting of 08111/04 081 time the Board denied this plan. On August 4,2004, the County and the applicant went to court and the Court sent the applicant back to the County with a directive to remedy the three outstanding issues. The plan has been modified to address these issues and now complies with the relevant regulations and ordinances. Supervisor Forrester stated that if there was any possible way to prevent the construction traffic from coming through the existing neighborhood they would do it, but the applicant has submitted a plan that complies with the ordinance and the Board must approve it. Upon a motion by Supervisor Forrester, seconded by Supervisor Tyler, the Board approved Master Development Plan #05-04, Channing Drive: Phases 9 & 10. Supervisor Tyler stated it was sad that the Board had to do this and she believed the County and the citizens had put up a good fight. The above motion was approved by the following recorded vote: Richard C. Shickle Barbara E. Van Osten Gary W. Dove Bill M. Ewing Gina A. Forrester W. Harrington Smith, Jr. Lynda 1. Tyler Aye Aye Aye Aye Aye Deceased Aye Upon a motion by Supervisor Forrester, seconded by Vice-Chairman Van Osten, the Board supported having VDOT look at placing a stop sign at the intersection of Canyon Drive and Senseny Glen Road. The above motion was approved by the following recorded vote: Richard C. Shickle Barbara E. Van Osten Gary W. Dove Bill M. Ewing Gina A. Forrester W. Harrington Smith, Jr. Lynda J. Tyler Aye Aye Aye Aye Aye Deceased Aye ROAD RESOLUTION (RESOLUTION #012-04) RE: THE ORCHARD SUBDIVISION, SECTION I - APPROVED UNDER CONSENT AGENDA WHEREAS, the street described for The Orchard Subdivision, Section I, on the attached Additions Form(s) 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 ofthe Virginia Department of Transportation; and Minute Book Number 30 Board of Supervisors Regular Meeting of 08/11/04 082 NOW, THEREFORE, BE IT RESOLVED, this Board requests the Virginia Department of Transportation to add the streets described in the attached Additions Forms SR-5(A) to the secondary system of state highways, pursuant to 33.1-229, Code of Virginia, and the Department's Subdivision 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 of this resolution be forwarded to the Resident Engineer for the Virginia Department of Transportation. BOARD LIAISON REPORTS Supervisor Dove reported on his attendance at the First Annual Volunteer Summit in Charlottesville. He found the program very informative. He stated that Frederick County has a great department. He concluded by saying that the County's fire departments are facing the same issues as other jurisdictions. CITIZEN COMMENTS Jeff Wetzel, Stonewall District, addressed the Regent's Crescent master development plan. He stated that the waivers received were endless and he urged the Board not to allow the project to tie into the existing private lane. He went on to say that the turn lane would take his front yard. He stated that the applicant would have to do a lot of blasting because of the existing rocks. He concluded by saying that he appreciated the Board's help. Dan Busby, Red Bud District and President of Senseny Glen Homeowner's Association, appreciated the Board's due diligence in maintaining the spirit and letter of the law with regard to the Channing Drive plan. BOARD OF SUPERVISORS COMMENTS Chairman Shickle reported that he and Vice-Chairman Van Osten attended the announcement of the new National Guard Armory. He stated that it would be located on a new site in Frederick County. With regard to Supervisor Smith's passing, Chairman Shickle advised that he would assume Supervisor Smith's duties until the end of the year. Vice-Chairman Van Osten thanked the residents of Senseny Glen for their work. Supervisor Tyler expressed her appreciation for Supervisor Smith's guidance and helping her to learn the ropes prior to and after her election to the Board. ADJOURN Minute Book Number 30 Board of Supervisors Regular Meeting of 08/11/04 083 UPON A MOTION BY SUPERVISOR EWING, SECONDED BY SUPERVISOR FORRESTER, THERE BEING NO FURTHER BUSINESS TO COME BEFORE THIS BOARD, THIS MEETING IS HEREBY ADJOURNED. (9:05 P.M.) \L-LQ L'LQ~~~~ Richard C. Shickle Chairman, Board of Supervisors Minutes Prepared By: (/1 . I'~ "---l{~ ~~s Deputy Clerk, Board of Supervisors Minute Book Number 30 Board of Supervisors Regular Meeting of 08/11/04