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HomeMy WebLinkAboutMay 11, 2005 Regular Meeting 495 A Regular Meeting of the Frederick County Board of Supervisors was held on Wednesday, May 11,2005, 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 Gary W. Dove; Bill M. Ewing; Gene E. Fisher; Gina A. Forrester; Lynda J. Tyler, and Barbara E. Van Osten. CALL TO ORDER Chairman Shickle called the meeting to order. INVOCATION Reverend Ruth Crum Stotler, Church of the Good Shepherd, delivered the invocation. PLEDGE OF ALLEGIANCE Vice-Chairman Dove led the Pledge of Allegiance. ADOPTION OF AGENDA - APPROVED County Administrator John Riley advised the Board ofthe following deletions and additions to the proposed agenda: Deletion of the presentation by First Night Winchester due to a last minute conflict. Addition of a Resolution in Memoriam of Kenneth Y. Stiles, Chairman ofthe Board of Supervisors, County of Frederick, Virginia. - 1 under County Officials. Addition of a request from Frederick County Public Schools for a supplemental appropriation in the amount of $2,992,000 for the completion of the 11th elementary school - 3A under County Officials. Upon a motion by Supervisor Forrester, seconded by Supervisor Van Osten, the Board agenda was adopted as amended. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Gary W~ Dove Aye Bill M. Ewing Aye Gene E. Fisher Aye Gina A. Forrester Aye Lynda 1. Tyler Aye Barbara E. Van Osten Aye CONSENT AGENDA - APPROVED Administrator Riley offered the following item for the Board's consideration for the Consent Agenda: Minute Book Number 30 Board of Supervisors Regular Meeting of 05111105 496 Proclamation Re: Salvation Army Week - Tab C Upon a motion by Supervisor Forrester, seconded by Vice-Chairman Dove, the Board approved the consent agenda. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Gary W. Dove Aye Bill M. Ewing Aye Gene E. Fisher Aye Gina A. Forrester Aye Lynda 1. Tyler Aye Barbara E. Van Osten Aye CITIZEN COMMENTS There werc no citizen comments. BOARD OF SUPERVISORS COMMENTS There were no Board of Supervisors comments. MINUTES - APPROVED AS CORRECTED The minutes from the April 13, 2005 Regular Meeting were presented. Chairman Shickle noted a correction on page 42. He advised that he had voted in favor of the buffer waiver, but the minutes reflected a no vote. He asked that the minutes be corrected to rcflect his affirmative vote. Upon a motion by Supervisor Ewing, seconded by Supervisor Forrester, the Board approved the minutes as corrected. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Gary W. Dove Aye Bill M. Ewing Aye Gene E. Fisher Aye Gina A. Forrester Aye Lynda 1. Tyler Aye Barbara E. Van Osten Aye COUNTY OFFICIALS FIRST NIGHT WINCHESTER TO ADDRESS THE BOARD RE: RECOGNITION OF THE BOARD OF SUPERVISORS FOR THEIR SUPPORT - POSTPONED RESOLUTION IN MEMORIAM OF SUPERVISOR KENNETH Y. STILES, CHAIRMAN OF THE BOARD OF SUPERVISORS, FREDERICK COUNTY, VIRGINIA Chairman Shickle read the following resolution: WHEREAS, Kenneth Y. Stiles. served thc citizens of Frederick County, Virginia, for Minute Book Number 30 Board of Supervisors Regular Meeting of 05111/05 .. --T---- I 497 fourteen (14) years as Stonewall District representative to the Board of Supervisors; and WHEREAS, Mr. Stiles held the office of Chairman of the Board of Supervisors for eight of his fourteen (14) years, said tenure being 1984-1991; and WHEREAS, during his tenure he held seats on numerous committees, including that of Law Enforcement & Courts Committee (1978,1982-1983), Capital Facilities Committee (1978,1980), Extension Advisory Committee (1978), Commonwealth Attorney Committee (1980), Planning Commission (1980,1982-1991), Streams Standards Committee (1980), ASC Liaison (1980,1982- 1983), Joint Judicial Center Committee (1982-1983), Regional Library Committee (1982-1983), Commissioner of the Revenue Committee (1982-1983), Frederick-Winchester Service Authority (1984-1991), Transportation Committee (1984-1987, 1989-1991) ; and WHEREAS, Mr. Stiles also served as Board Representative to the Prime Agricultural Land Committee (1979) and Board Liaison to the Virginia Association of Counties (1991); and WHEREAS, Mr. Stiles was a tireless worker for not only the constituents in his district, but for all of the citizens of Frederick County; and WHEREAS, Mr. Stiles will be long remembered, by those who served with him and the employees of Frcderick County Government that worked for him, as a man of strong convictions, straight talk, and one who personified love of county. NOW, THEREFORE BE IT RESOLVED, that the Fredcrick County Board of Supervisors extends it deepest sympathy to the family of Kenncth Y. Stiles, a steward of the land and a true friend of Frederick County. 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 dairyman/citizen legislator and that a true copy of this resolution be presented to his wife and family. Chairnlan Shickle advised that the Board would formally act upon this resolution at its May 25,2005 meeting, at which timc it would be presented to Mr. Stiles' family. He asked that members of the Winchester City Council be invited to present their resolution also. EMPLOYEE OF THE MONTH AWARD FOR MAY 2005 - (RESOLUTION #062-05) - APPROVED Administrator Riley read the following rcsolution: RESOLUTION TO RECOGNIZE THE FREDERICK COUNTY EMPLOYEE OF THE MONTH CHARLES D. PARKER WHEREAS, the Frederick County Board of Supervisors recognizes that the County's employees are a most important resource; and, WHEREAS, on September 9, 1992, the Board of Supervisors approved a resolution which established the Employee of the Month award and candidates for this award may be nominated by any County employee; and, WHEREAS, the Board of Supervisors selects one employee from those nominated, based on the merits of outstanding performance and productivity, positive job attitude and other noteworthy contributions to their department and to the County; and, WHEREAS, Charles D. Parker, who serves as a Correctional Officer III in the CFFW Minute Book Number 30 Board of Supervisors Regular Meeting of 05/11/05 I 498 Regional Adult Detention Center was nominated for Employee of the Month; and, WHEREAS, Charles is deserving of special recognition because ofthe professionalism he exhibited when he assumed the temporary duties of Chief of the Regional Jail's Classification Section for eight months and, for his significant contributions which included development and revisions of the Community Corrections Program and, for his dedication to his profession, the CFFW Regional Adult Detention Center, and Frederick County; and, NOW, THEREFORE BE IT RESOL VED, by the Frederick County Board of Supervisors this 11th day of May, 2005, that Charles D. Parker is hereby recognized as the Frederick County Employee of the Month for May, 2005; and, BE IT FURTHER RESOLVED, that the Board of Supervisors extends gratitude to Charles D. Parker for his outstanding performance and dedicated service and wishes him continued success in future endeavors; and, BE IT FURTHER RESOLVED, that Charles D. Parker is hereby entitled to all ofthe rights and privileges associated with this award. Upon a motion by Supervisor Forrester, seconded by Vice-Chairman Dove, the Board approved the above resolution by the following recorded vote: Richard C. Shickle Aye Gary W. Dove Aye Bill M. Ewing Aye Gene E. Fisher Aye Gina A. Forrester Aye Lynda 1. Tyler Aye Barbara E. Van Osten Aye PROCLAMA nON (#005-05) RE: SAL V AnON ARMY WEEK - APPROVED UNDER CONSENT AGENDA WHEREAS, a love for God and a desire to help others is the motivation behind the men and women of The Salvation Army; and WHEREAS, The Salvation Army in Frederick County, Virginia, provides much more than spiritual counseling and basic human necessities to the needy and hurting on a daily basis; and WHEREAS, The Salvation Army serves as a symbol of compassion, but more so, an active participant in the provision of services to thousands of Frederick County, Virginia, men, women, and children; and WHEREAS, The Salvation Army has been providing these programs to residents for over 84 years; and WHEREAS, The Salvation Army provides its services to people in need without regard to race, color, creed, sex or age. NOW, THEREFORE, BE IT RESOLVED, that the Frederick County Board of Supervisors does hereby proclaim May 9-l5, 2005 as Salvation Army Week in Frederick County, Virginia, and urge all citizens to join me in honoring the dedicated men and women who work or volunteer for this fine organization and touch the lives of so many. Minute Book Number 30 Board of Supervisors Regular Meeting of 05/11/05 ~. 499 Adopted this 11th day of May, 2005. This item was approved under the consent agenda. REOUEST FROM FREDERICK COUNTY PUBLIC SCHOOLS FOR A PUBLIC HEARING AND APPROVAL OF A SUPPLEMENTAL APPROPRIATION IN THE AMOUNT OF $2.992.000 FOR THE ELEVENTH ELEMENTARY SCHOOL PROJECT. - APPROVED REOUEST FOR PUBLIC HEARING WITH AMENDED AMOUNT OF $3.722.000 Administrator Riley advised that the School Board is requesting thc Board of Supervisors consider and approve a supplemental appropriation in the amount of $2,992,000 for the eleventh elementary school. The reason this request is being added to tonight's agenda has to do with timing issues. First, the bid prices are good only until June 20, 2005, which is 60 days after the bid opening date. Second, the building is scheduled to open in August 2006. This proposal would require a public hearing, which the school hopes the Board will authorize for its May 25, 2005 meeting. Administrator Riley concluded by saying that the Board action this evening would be to authorize a public hearing, which could be held on May 25,2005, ifit is the Board's desire. Vice-Chairman Dove asked what the total square footage of the new elementary school would be. Dr. William Dean, Superintendent of Schools, responded that it was approximately 81,500 square feet. Vice-Chairman Dove stated that he was told Parks and Recreation's basic recreation facilities were included in the 81,500 square feet. Dr. Dean responded "not by us." He went on to say that the school was looking to expand this facility to accommodate 644 students rather than 528. Phil Pappas, architect, advised that the basic recreation facilities were not part ofthe original bid proposal. The base bid included the larger gym and two storage rooms for parks and recreation; however, in the revised bid additional seats and restrooms were added. Vice-Chairman Dove advised that he would like to look at plans so he could see what was being done with the facility. He went on to say that he would not be voting for this proposal this evemng. Mr. Pappas stated that the additional square footage in the revised proposal was due to added resource rooms and gang toilets. Minute Book Number 30 Board of Supervisors Regular Meetiug of 05111105 500 Chairman Shickle asked ifthe $730,000 is added to the price would the gym be larger than the one at Orchard View? Supervisor Van Osten stated that the capacity was increased to accommodate more students. She went on to say that she was for a larger gym because of the record needs in that area. Supervisor Fisher asked to see a line item breakdown of the bids in order to get a price comparIson. Mr. Pappas responded that he did not usually get that type of information until a contract was signed, but if it was available, he would provide it to the Board. Supervisor Ewing asked how long ago the original estimate was given. Mr. Pappas responded 2000 with the latest revisions occurring in the fall of 2004. Supervisor Ewing stated that this seemed like a very large increase. Mr. Pappas responded that the real jump in prices occurred about nine months ago. Supervisor Ewing asked ifthe proposed rooffor the new school had been upgraded from the original proposal. Mr. Pappas responded that the specs called for the same type of roof as is on the Admiral Byrd Middle School. Supervisor Tyler stated that she believed in the co-location of facilities. She asked representatives from Parks & Recreation to discuss the challenges of utilizing a gym that is the size of the one at Orchard View versus what is being proposed. Brenda Diehl, Superintendent of Recreation, stated that she found the gym at Orchard View to be too crowded; therefore, there was a need for more space because ofthe amount of participation in programs. She went on to say that a larger gym gave Parks and Recreation more opportunities to create programs for adults and would allow room to grow. Chairman Shickle stated that this item was added to the agenda tonight for the purpose of scheduling a public hearing; however, there are a number of requests for additional information. He asked Dr. Dean what would happen if the public hearing was not scheduled for the May 25th meeting. Dr. Dean responded that the building was scheduled to open in August 2006 and the project was already a month behind; therefore, any further delay would put the project that much farther Minute Book Number 30 Board of Supervisors Regular Meeting of 05/11105 . r 501 behind schedule. Chairman Shickle asked the Board for their thoughts on this issue. Vice-Chairman Dove stated that he was "100%" in favor of the Parks and Recreation gym space; however, he had an issue with the estimated square footage. He did not believe that the 5,600 square feet of additional building space was all for Parks and Recreation. He would like to see more information on this square footage. Mr. Pappas stated that this information was included in the original bid documents. The plans specified square footage and usage; therefore, there could not be a misinterpretation from reading the plans. Supervisor fisher stated that he would like to see a line item break down of the costs. Chairman Shickle stated that it appeared the bid documents would answer at least two supervisors' questions. Supervisor Ewing suggested a work session with members of the school board, the architect, and those Board of Supervisors members interested in attending, to review this project. Administrator Riley stated that it would expedite the process jf the architect would make himself available to meet with interested board members prior to the public hearing date to answer the Board's questions. Supervisor Tyler asked if the proposed $2,992,000 price included alternates 1,2,3, and 47 Superintendent Dcan responded that the price only included alternatives 3 and 4. Supervisor Tyler asked about the 52 parking spaces. Mr. Pappas statcd that the thought was this would be an ideal way to pick up additional parking spaces to serve two facilities. Chairman Shickle stated that he thought thc revised bid of $12,997,000 included all of the alternates below. Superintendent Dean rcsponded by saying that amount only covered the cost of construction. He went on to say that the School Board approved options 3 and 4; however, this request does not address Parks and Recreation's items. Chairman Shickle noted that the same bid time table would apply to the items for Parks and Recreation. Minute Book Number 30 Board of Supervisors Regular Meeting of 05/11/05 ~- 0 ') :) c.. Supervisor Tyler noted that if the items for Parks and Recreation were included then the Board would need to advertise an amount of $3,722,000. Upon a motion by Supervisor Tyler, seconded by Supervisor Van Osten, the Board approved to advertise for public hearing a supplemental appropriation for the eleventh elementary school to include the added items for Parks and Recreation in the amount of $3,772,000. Supervisor Fisher stated that amount did not include the additional 52 parking spaces. Supervisor Van Osten responded correct. Supervisor Fisher stated that he would like the advertised amount to include the 52 parking spaces because the Board would have the option ofredueing the appropriation amount following the public hearing, but if they were not included now they could not be added later. Upon a motion by Supervisor Fisher, seconded by Supervisor Forrester, the Board amended the original motion to add $45,000 for the 52 parking spaces to the advertised amount. The above motion was approved by the following reeorded vote: Richard C. Shickle Nay Gary W. Dove Nay Bill M. Ewing Aye Gene E. Fisher Aye Gina A. Forrester Aye Lynda J. Tyler Aye Barbara E. Van Osten Aye Supervisor Ewing noted that he would vote for the public hearing, but that did not mean he endorsed the requested amount. The amended motion to advertise for public hearing a supplemental appropriation in the amount of$3,767,000 was approved by the following recorded vote: Richard C. Shickle Nay Gary W. Dove Nay Bill M. Ewing Aye Gene E. Fisher Aye Gina A. Forrester Aye Lynda 1. Tyler Aye Barbara E. Van Osten Aye The Board agreed to meet with the arehitect, Mr. Pappas, on Monday, May 16,2005 at 5:30 p.m. in the First Floor Conference Room of the County Administration Building to discuss the outstanding issues and eoneerns. COMMITTEE APPOINTMENTS Minute Book Number 30 Board of Supervisors Regular Meeting of 05111105 503 REAPPOINTMENT OF JAMES H. PAINTER AS FREDERICK COUNTY REPRESENTATIVE TO THE NORTHWESTERN HEAL TH SYSTEMS AGENCY _ LORD FAIRFAX HEALTH COUNCIL - APPROVED Upon a motion by Supervisor Tyler, seconded by Supervisor Van Osten, the Board reappointed James H. Painter as Frederick County Representative to the Northwestern Health Systems Agency - Lord Fairfax Health Council. This is a three year appointment, said term to expire May 22, 2008. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Gary W. Dove Aye Bill M. Ewing Aye Gene E. Fisher Aye Gina A. Forrester Aye Lynda 1. Tyler Aye Barbara E. Van Osten Aye REAPPOINTMENT OF ROGER L. THOMAS AS OPEOUON DISTRICT REPRESENTATIVE TO THE PLANNING COMMISSION - APPROVED Upon a motion by Supervisor Ewing, seconded by Supervisor Van Osten, the Board reappointed Roger L. Thomas to serve as Opequon District Representative to the Planning Commission. This is a four year appointment, said term to expire June 14,2009. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Gary W. Dove Aye Bill M. Ewing Aye Gene E. Fisher Aye Gina A. Forrester Aye Lynda 1. Tyler Aye Barbara E. Van Osten Aye REAPPOINTMENT OF KITTY NICHOLAS TO THE WINCHESTER-FREDERICK COUNTY TOURISM BOARD - APPROVED Upon a motion by Supervisor Tyler, seconded by Supervisor Forrester, the Board reappointed Kitty Nicholas to the Winchester-Frederick County Tourism Board. This is a three year term, said term to expire June 30, 2008. This action is contingent upon approval of same by Winchester City Council. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Gary W. Dove Aye Bill M. Ewing Aye Gene E. Fisher Aye Minnte Book Number 30 Board of Supervisors Regular Meeting of 05/11/05 504 Gina A. Forrester Aye Lynda J. Tyler Aye Barbara E. Van Osten Aye REAPPOINTMENT OF PAT EMBRY TO THE WINCHESTER-FREDERICK COUNTY TOURISM BOARD - APPROVED Upon a motion by Supervisor Tyler, seconded by Supervisor Van Osten, the Board reappointed Pat Embry to the Winchester-Frederick County Tourism Board. This is a three year term, said term to expire June 30, 2008. This action is contingent upon approval of same by the Winchester City Council. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Gary W. Dove Aye Bill M. Ewing Aye Gene E. Fisher Aye Gina A. Forrester Aye Lynda J. Tyler Aye Barbara E. Van Osten Ayc OUTDOOR FESTIVAL PERMIT REOUEST OF JUDY A. BEATY - THE SPIRIT LIVES ON/STILL THE ONE MUSICAL FESTIVAL AT WINCHESTER SPEEDWAY. PURSUANT TO THE FREDERICK COUNTY CODE. CHAPTER 86. FESTIVALS: SECTION 86-3 C. PERMIT REOUlRED: APPLICATION: ISSUANCE OR DENIAL: FORAN OUTDOORFESTIV AL PERMIT. FESTIVAL TO BE HELD ON SUNDAY. JULY 17. 2005. FROM 10:00 A.M. TO 7:00 P.M.: ON THE GROUNDS OF WINCHESTER SPEEDWAY. 950 AIRPORT ROAD. WINCHESTER. VIRGINIA. PROPERTY OWNED BY JUDY A. BEATY OF CENTREVILLE. VIRGINIA. OWNER AND PRESIDENT OF WINCHESTER SPEEDWAY. (CONTINUED FROM APRIL 26. 2005 MEETING.) (WITHDRAWN) The Board noted that this request had been withdrawn by the applicant. RESOLUTION (#061-05) APPROVING THE ISSUANCE OF BONDS BY THE INDUSTRIAL DEVELOPMENT AUTHORITY OF THE CITY OF WINCHESTER FOR THE BENEFIT OF WESTMINSTER-CANTERBURY OF WINCHESTER. INC. D/B/A SHENANDOAH VALLEY WESTMINSTER-CANTERBURY - APPROVED Administrator Riley advised that the Board was being asked to adopt a resolution concurring with the issuance of bonds in an amount not to exceed $75,000,000 to assist Westminster- Canterbury of Winchester, Inc. with the financing of an expansion project at the Corporation's residential health care center, which includes approximately 64 additional independent living apartments in a new residential building; a new vitality center including fitness, pool and recreational area consisting of approximately 15,000 square feet, existing dining, kitchen, and fitness areas, and other capital improvements at the Facility. He went on to say that a portion of the bond proceeds would be used to refinance Facility First Mortgage Revenue Bonds, Series 1998. Minute Book Number 30 Board of Supervisors Regular Meeting of 05/11/05 505 Administrator Riley advised that the Frederick County Industrial Development Authority and the Industrial Development Authority of the City of Winchester held a joint public hearing on this issuance with both bodies adopting the appropriate resolutions. He concluded by saying that the Board was being requested to concur with this issuance by adopting the following resolution. Upon a motion by Vice-Chairman Dove, seconded by Supervisor Forrester, the Board approvcd the Resolution Approving the Issuance of Bonds by the Industrial Development Authority of the City of Winchester for the Benefit of Westminster-Canterbury of Winchester, Inc. d/b/a Shenandoah Valley Westminster-Canterbury. WHEREAS, the Industrial Development Authority of the County of Frederick, Virginia ("Authority"), has been asked by Westminster-Canterbury of Winchester, Inc., d/b/a Shenandoah Valley Westminster-Canterbury ("Corporation") to approve the issuance of revenue bonds by the Industrial Development Authority of the City of Winchester, ("Winchester Authority"), in an amount not to exceed $75,000,000 ("Bonds"), in one or more series, from time to time, which will be used to (1) finance an expansion project at the Corporation's residential and health care center (the "Facility") located at 300 Westminster-Canterbury Drive in Winchester, Virginia, and a portion of which is located in Frederick County, Virginia, including without limitation the acquisition, construction, equipping, and/or renovation of (a) approximately 64 additional independent living apartments in a new residential building consisting of approximately 177 ,000 square feet, (b) a new vitality center including new fitness, pool and recreational areas consisting of approximately 15,000 square feet, (c) existing dining, kitchen, and fitness areas of the Facility and (d) other capital improvements at the Facility; (2) refund the outstanding principal amount of the Winchester Authority's Residential Care Facility First Mortgage Revenue Bonds (Westminster-Canterbury of Winchester, Inc.), Series 1998 which were issued on April 28, 1998 for the purposes of (A) refunding the Winchester Authority's Replacement Bonds (Westminster-Canterbury of Winchester, Inc.), Series 1985, which were issued on July 1, 1985 to finance the acquisition, construction and equipping of the Facility, (B) financing the construction and equipping of an approximately 47,000 square foot independent living apartment building at the Facility, and (C) financing the costs of renovations to the Facility's health center; (3) fund working capital and capitalized interest related to the expansion project and a debt service reserve fund for the bonds; and (4) pay a portion of the expenses incurred in connection with the issuance ofthe bonds (collectively, the "Project"), and has held a public hearing on May 5, 2005; and WHEREAS, Section 147(f) of the Internal Revenue Code of 1986, as amended (the "Code"), provides that the governmental unit having jurisdiction over the issuer of private activity bonds and over the area in which any facility financed with the proceeds of private activity bonds is located must approve the issuance of the bonds and Section 15.2-4906 of the Industrial Development and Revenue Bond Act, Chapter 49, Title 15.2, Code of Virginia fo 1950, as amended ("Act") sets forth the procedure for such approval; and WHEREAS, Section 15.2-4905 of the Act provides that if a locality has created an industrial development authority, no industrial development authority created by a second locality may finance a facility located in the first locality unless the governing body of such first locality concurs with the inducement resolution adopted by the second locality; and WHEREAS, a portion of the Project is located in the County of Frederick, Virginia ("County") and the Board of Supervisors of the County of Frederick, Virginia ("Board") constitutes the highest elected governmental unit of the County; WHEREAS, the Winchester Authority adopted an inducement resolution (the "Inducement Resolution") on May 5, 2005 and the Authority has recommendcd that the Board concur in the Minute Book Number 30 Board of Supervisors Regular Meeting of 05/11/05 ! 506 Inducement Resolution for the Winchester Authority to issue the Bonds in order to comply with Section 147(f) ofthe Code and Section 15.2-4906 ofthe Code of Virginia of1950, as amended; and WHEREAS, a copy of the Authority's resolution concurring in the issuance ofthe bonds to assist with the financing, and a copy of the Inducement Resolution, a certificate of public hearing and a Fiscal Impact Statement have been filed with the Board; and WHEREAS, the Authority has recommended that the Board approve the issuance of the Bonds. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF THE COUNTY OF FREDERICK, VIRGINIA: 1. The Board of Supervisors of the County of Frederick, Virginia concurs in the Inducement Resolution for the issuance of the Bonds by the Winchester Authority as required by Section l47(f) of the Code and Sections 15.2-4905 and 15.2-4906 of the Act to permit the Authority to assist in the financing. 2. The Board of Supervisors of the County of Frederick, Virginia approves the issuance of the Bonds by the Winchester Authority. Such approval does not constitute an endorsement to a prospective purchaser of the Bonds or the creditworthiness of the Corporation. 3. The approval of the issuance of the Bonds, as required by Section 147(f) of the Code does not constitute (a) an endorsement of the Bonds or the creditworthiness of the Corporation or the Project or (b) a representation by the Board that any permits and approvals including site plan approval, zoning and rezoning, any special use permit, water and sewer connections, roads and building permits are or will be available with respect to the Project. The Bonds shall provide that neither the County nor the Authority shall be obligated to pay the Bonds or the interest thereon or other costs incident thereto and the Bonds shall not be payable out of any funds or properties other than specifically pledged thereto. 4. This resolution shall take effect immediately upon its adoption. The above resolution was approved by the following recorded vote: Richard C. Shickle Aye Gary W. Dove Aye Bill M. Ewing Aye Gene E. Fisher Aye Gina A. Forrester Aye Lynda 1. Tyler Aye Barbara E. Van Osten Aye MEMORANDUM FROM THE CHAIRMAN RE: RURAL AREAS STUDY _ APPROVED Chairman Shickle advised that this was his attempt to respond to the report from the Planning Commission, CPPS Committee, staff, and the Ad Hoc Committee regarding the Rural Areas proposal. He then reviewed the chart outlining his proposals: Minute Book Number 30 Board of Supervisors Regular Meeting of 05/1 1/05 -T I 507 Five Acre 100 Acre Rural 100 Acre 100 Acre Bv-Riqht Max Preservation Max Rezoninq Max. Minimum Lot Size 5 acres 2 acres 30,000 sq. ft Density 1 in 5 acres 20 1 in 5 acres plus 1 Various Set Aside 50% N/A Yes 21 Yes 21 Set Aside 60% N/A N/A 25% Bonus 25 Set Aside 70% N/A N/A 50% Bonus 30 Phasing No Yes (Negotiated) Yes (Negotiated) Green Infrastructure Primary Yes Yes Yes Secondary- No Yes Yes Voluntary Public Streets Without Waiver Yes Yes Yes With No No No Waiver Environmental Review Without Waiver Yes Yes Yes With Waiver (Staff) No N/A N/A Transportation Review Without Waiver Yes (3 or more) Yes (3 or more) Yes (All) With Waiver (Staff) No (2 or less) No (2 or less) N/A Historic Sites Review Yes Yes Yes Community No No Optional Water/Sewer Off-Site Drainfield No Yes Yes Set Backs (State Roads and Non-Residential R.A.) Without Waiver Yes (3 or more) Yes (b) Yes (b) (b) With Waiver (Staff) No (2 or less) N/A N/A Fencing Against Non- Residential R.A. (V-Dot Specs) Yes Yes Yes Approvals Plat/Sketch MOP Process Rezoning & (Staff) MOP Proffers No No Yes Allowed within Defined Community Center Yes Without Waiver No No With Yes Yes N/A Waiver Family Variance Lots (a) (a) (a) (a) Per State Code and/or Local Ordinance (b) Requires Existing Set Back Ordinance Adjustments Minute Book Number 30 Board of Supervisors Regular Meeting of 05/11/05 508 Chairman Shickle recommended that this proposal be sent forward to the Planning Commission and other committees for review and for examination and comparison to existing ordinances to see what changes would need to be made. Once the questions and concerns are addressed then these changes would be sent forward for public hearing. Upon a motion by Vice-Chairman Dove, seconded by Supervisor Fisher, the Board approved sending this proposal to the Planning Commission for review and study. Supervisor Tyler asked about the rural preservation set aside bonuses. Chairman Shickle advised that a landowner could set aside as much land as he/she wanted; however, there would be no density bonuses greater than 50%. Supervisor Tyler stated that she did not think the Board should encourage public streets in the rural areas and asked that this issue be addressed. Chairman Shickle stated that the Committee could recommend a waiver process. Supervisor Van Osten stated that she believed 30,000 square foot lots were only appropriate in the rural community centers and not for the entire RA area. She also believed that any type of communal system should be a dedicated system. She concluded by thanking the Chairman for his work on this issue. Supervisor Dove thanked all of the citizens who were involved through the Rural Areas study process. Deputy Planning Director Michael Ruddy advised that the Comprehensive Plan would need to be amended along with the Zoning Ordinance, should these changes be adopted. Senior Planner Susan Eddy stated that this would be a two step process because it would be easier for the Development Review and Regulations Subcommittee to write ordinance amendments if they have a plan in front of them. Assistant Administrator Tierney stated that staff could work with the committees and provide the Board with feedback regarding the Comprehensive Plan update and Zoning Ordinance amendments. Supervisor Forrester asked what separates the Urban Development Amendment from the Rural Areas, is it water and sewer? She asked what would keep the UDA restraints in effect? She stated that she would like to see public water and sewer and small lots limited to the rural Minute Book Number 30 Board of Supervisors Regular Meeting of 05/11/05 509 community center. There being no further discussion, the Board approved the motion to send this proposal to the Planning Commission by the following recorded vote: Richard C. Shickle Aye Gary W. Dove Aye Bill M. Ewing Aye Gene E. Fisher Aye Gina A. Forrester Aye Lynda 1. Tyler Aye Barbara E. Van Osten Aye COMMITTEE REPORTS PUBLIC WORKS COMMITTEE REPORT - APPROVED The Public Works Committee met on Tuesday, April 26, 2005 at 8:00 a.m. All members were present except Bob Wells and Jim Wilson. The following items were discussed: ***Items Requiring Action*** 1. Revised Guidelines for the ShawneeLand Sanitary District (SSD) Advisory Committee - Approved Mr. George Ludwig presented revised guidelines for the selection and function ofthe SSD Advisory Committee. These guidelines had been prepared by an ad hoc committee consisting of George Ludwig, Bob Hartman, George Higgenbotham, Back Creek Magisterial District Supervisor Barbara Van Osten, and staff member Dave Burleson. After reviewing the proposed document and suggesting a few minor changes, the committee unanimously recommended that the revised guidelines be forwarded to the board of supervisors for their review and approval. (Attachment 1) Upon a motion by Supervisor Tyler, seconded by Supervisor Van Osten, the Board approved the Revised Guidelines for the Shawnee land Sanitary District (SSD) Advisory Committee. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Gary W. Dove Aye Bill M. Ewing Aye Gene E. Fisher Aye Gina A. Forrester Aye Lynda J. Tyler Aye Barbara E. Van Osten Aye ***Items Not Requiring Action*** 1. Proposed Chan~es to Local Health System Re2ulations Mr. Eric Lawrence, Director of Planning and Development, presented proposed changes to the local health system regulations. These changes coupled with related background information are highlighted in his attached memorandum dated April 18, 2005. After discussing the issues highlighted in this memorandum, the committee took the following action on the specific recommended changes for the health system requircments. (Attachment 2) Minute Book Number 30 Board of Supervisors Regular Meeting of 05/11/05 ! 510 Conditional Permits: The committee unanimously endorsed the idea oflimiting the issuance of conditional permits to the repair of failing health systems or to properties with extenuating circumstances. The use of conditional permits for new home construction would be prohibited. Drainfield Reserve Area: The issue related to the increase ofthe drainfield reserve are from 50 to 100 percent was narrowly endorsed by a vote 0 three to two. Further discussion suggested that this issue be applied to newly created lots only, rather than existing platted lots. Wellhead Protection Area: This change would increase the wellhead protection distance from 50 to 100 feet from points of contamination. The committee recommended thatthis issue be tabled and referred to the Health Department for additional information. Establishment of a Health Approval Fee: The committee unanimously approved the idea of establishing an additional fee to provide funding for new health official positions and field inspectors. After receiving input from the board of supervisors, the above issues will be formatted as changes to local ordinances and referred to the Code and Ordinance Committee for their review and action. The Board discussed the proposed changes to local health system regulations. Chairman Shickle asked why the conditional use permits for new construction were needed. Administrator Riley stated that the Board could give policy direction to the Health Department advising them not to issue anymore conditional permits for new construction. He advised that the State was the entity charged with issuing these permits and not the County. He concluded by saying that he would add this item to the next board agenda. Supervisor Van Osten stated that she believed this topic was very important. After some discussion, it was the Board's consensus to let the Code and Ordinance Committee review changes to the conditional use permit issue. 2. Status of Revisions to Erosion and Sediment lE&S) Control Ordinance Mr. Joe Wilder indicated that the proposed revisions to the E & S control ordinance had been reviewed by the Code and Ordinance Committee. The only point of contention which arose from this review was the issue related to assigning responsibility of removing tracked mud on roads to the developer/owner of the roads. 3. Update on Potential Residential Develooment Mr. Wilder presented a brief summary of the RP and RA lots which have been approved for development in Frederick County. 4. Update on Renovation of Courtroom - Old Frederick County Courthouse Minute Book Number 30 Board of Supervisors Regular Meeting of 05/11105 511 Mr. Dave Burleson indicated that the subject renovation has been delayed slightly because of delays in the delivery of the new light fixtures. However, he indicated that June ll, 2005 is still a target date for completion of the project. 5. Transfer Request to Purchase a Vehicle for the Gvpsy Moth/Biosolids Coordinator Mr. Joe Wilder presented a request to transfer funds in this year's budget to purchase a new vehicle to replace a high mileage vehicle incurring excessive maintenance costs. The attached memorandum dated March 17, 2005, provides justification for the transfer and purchase and references the specific line items. (Attachment 3) The committee endorsed the request by a vote of 4 to I with the lone negative vote cast by Mr. Dove. The request will be forwarded to the Finance Committee for their review and action. 6. Miscellaneous Reports a. Tonnage Report: Landfill (Attachment 4) b. Animal Shelter Dog Report (Attachment 5) c. Animal Shelter Cat Report (Attachment 6) PUBLIC HEARING PUBLIC HEARING - OUTDOORFESTIV AL 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 11 THRU JULY 17. 2005: MONDAY-FRIDAY 7:00 P.M.- 10:00 P.M.: SATURDAY (16TH) 5:00 P.M. -10:00 P.M.: AND SUNDAY (l7T11) 9:00 A.M. - 11:00 A.M.: AT CANDY HILL CAMPGROUND. WARD AVENUE. WINCHESTER, VIRGINIA. 22603. PROPERTY OWNED BY THE LITTMAN F AMIL Y - APPROVED Administrator Riley reviewed the permit application. He stated that this event would take place Monday-Sunday, July 11-17,2005 at the Candy Hill Campground, Ward Avenue, on property owned by the Littman family. Chairman Shickle convened the public hearing. Carl Littman, Back Creek District and owner of Candy Hill Campground, spoke in favor of the proposed application and stated that he hoped the Board would approve it. There being no further public comments, Chairman Shickle closed the public hearing. Upon a motion by Supervisor Van Osten, seconded by Vice-Chairman Dove, the Board approved the Outdoor Festival Permit by Reverend Philip Roby, Amazing Grace Fellowship, for Shenandoah Valley Gospel Camp Meeting. The above motion was approved by the following recorded vote: Minute Book Number 30 Board of Supervisors Regular Meeting of 05111105 512 Richard C. Shickle Aye Gary W. Dove Aye Bill M. Ewing Aye Gene E. Fisher Aye Gina A. Forrester Aye Lynda 1. Tyler Aye Barbara E. Van Osten Aye PUBLIC HEARING - PROPOSED ORDINANCE - SALARIES OF THE BOARD OF SUPERVISORS - PURSUANT TO SECTION 15.2-1414.3 OF THE CODE OF VIRGINIA. 1950. AS AMENDED. THE BOARD OF SUPERVISORS WILL HOLD A PUBLIC HEARING TO FIX THE ANNUAL SALARIES OF THE BOARD OF SUPERVISORS AS FOLLOWS: CHAIRMAN. $10.800: VICE CHAIRMAN. $1 0.200: AND EACH OTHER MEMBER OF THE BOARD OF SUPERVISORS AT $9.000.- APPROVED Administrator Riley reviewed the salaries for the Board of Supervisors and advised that this was an annual review of said salaries. 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 Van Osten, the Board approved the salaries for the Board of Supervisors. BE IT ORDAINED, the annual salary for each member of the Frederick County Board of Supervisors, for the fiscal year beginning July 1,2005, shall be as follows: Chairman, $10,800, Vice-Chairman, $10,200; and each other member of the Board of Supervisors at $9,000. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Gary W. Dove Aye Bill M. Ewing Aye Gene E. Fisher Aye Gina A. Forrester Aye Lynda 1. Tyler Aye Barbara E. Van Osten Aye PUBLIC HEARlNG- RESOLUTION (#060-05) OF THE BOARD OF SUPERVISORS REGARDING THE CREATION OF THE NORTHWESTERN REGIONAL JAIL AUTHORITY AND APPROVING THE SECOND AMENDED AND REST A TED REGIONAL JAIL AGREEMENT. THE ISSUANCE OF THE AUTHORITY'S REVENUE OBLIGATIONS AND OTHER MATTERS IN CONNECTION THEREWITH - APPROVED Administrator Riley advised that the governing body of each participating locality is being asked to consider adoption of a resolution which approves the creation of a Regional Jail Authority This new entity will still physically look and function like the existing CFFW Regional Jail Board, however, its name will now be the Northwestern Regional Jail Authority. Adoption of this Minute Book Number 30 Board of Supervisors Regular Meeting of 05/11/05 513 resolution will empower the Authority to own, acquire, construct, equip, maintain, and operate the Regional Jail and any improvements or expansions and to issue its revenue obligations to finance improvements. This process will allow the Jail Board to function more efficiently since the current board must get approvals from the numerous participating jurisdictions. Chairman Shickle convened the public hearing. There were no public comments. Chairman Shickle closed the public hearing. Upon a motion by Supervisor Ewing, seconded by Supervisor Van Osten, the Board approved the Resolution Regarding the Creation of the Northwestern Regional Jail Authority and Approving the Second Amended and Restated Regional Jail Agreement, the Issuance of the Authority's Revenue Obligations and Other Matters in Connection Therewith. WHEREAS, the Counties of Clarke, Fauquier, and Frederick, Virginia, and the City of Winchester, Virginia (collectively, the "Participating Jurisdictions"), have considered the use ofa regional jail authority under Chapter 3, Article 3.1 ofTitle 53.1 (the "Act") of the Code of Virginia, 1950, as amended (the "Code"), for purposes of owning and operating the existing Clarke-Fauquier- Frederick-Winchester Regional Jail/Adult Detention Center (the "Regional Jail"); WHEREAS, currently, the Partieipating Jurisdictions jointly own and operate the Regional Jail through a regional jail board (the "Regional Jail Board") under Chapter 3, Article 5 of Title 53.1 of the Code, and pursuant to an Amended and Restated Regional Jail Agreement dated as of August 10,2004 (the "Amended and Restated Agreement") by and between the Partieipating Jurisdictions; WHEREAS, the Participating Jurisdictions are planning to make improvements to the existing Regional Jail facilities, including the eonstruction of a Community Corrections Center and other capital expansions (the "Projeet"); WHEREAS, pursuant to the Act, the Participating Jurisdictions desire to create a regional jail authority (the "Authority") to own and operate the Regional Jail, and to authorize the Authority to issue its revenue bonds and notes in one or more serics (collectively, the "Obligations") to finance the costs of the Project and other related eosts and expenses, ineluding any capitalized interest, debt service reserve funds and issuance costs; WHEREAS, the Participating Jurisdictions fmiher desire to amend and restate the Amended and Restated Agreement by entering into a Second Amended and Restated Regional Jail Agreement (the "Seeond Amended and Restated Agreement") with the Authority to assume all powers, rights, duties and obligations of the Regional Jail Board with respect to the Regional Jail, to own and operate the Regional Jail and to provide revenues to secure the payment of the Obligations; WHEREAS, a portion ofthe Obligations will additionally be secured by reimbursement for eligible construction costs from the Commonwealth of Virginia; and WHEREAS, there has been presented to this meeting a draft of the Seconded Amended and Restated Agreement, a copy of which is attached hereto as Exhibit A and which shall be filed with the records of each of the Participating Jurisdictions and the Authority; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF SUPERVISORS (THE "BOARD") OF THE COUNTY OF FREDERICK, VIRGINIA (THE "COUNTY"): Minnte Book Number 30 Board of Supervisors Regular Meeting of 05111/05 514 1. Together with the Counties of Fauquier and Clarke, Virginia, and the City of Winchester, Virginia, the County intends to create the Authority pursuant to Chapter 3, Article 3.1 of Title 53.1 of the Code (the "Act") to own, acquire, construct, equip, maintain and operate the Regional Jail and any improvements or expansions thereto and to issue its revenue obligations, including the Obligations, and use the proceeds thereofto finance improvements to the Regional Jail, including the Project. 2. The name of the Authority shall be the "Northwestern Regional Jail Authority" with its principal office located in the County at 141 Fort Collier Road, Winchester, Virginia, 22603. 3. Each of the Participating Jurisdictions shall be the initial participating political subdivisions in the Authority, and shall have the following representation on the Authority: the Sheriff of each Participating Jurisdiction, two (2) members appointed by each of the governing bodies of the Counties of Clarke and Fauquier and three (3) members appointed by cach of the governing bodies of the County and the City of Winchester. There shall be a total offourteen (14) members. The current members of the Regional Jail Board shall be the initial members of the Authority, as follows: NAMES ADDRESSES John R. Riley, Jr. Frederick County 107 N. Kent Street Winchester, VA 22601 Barbara Van Osten Frederick County 103 Coopers Lane Winchester, VA 22602 Bill M. Ewing Frederick County P.O. Box 27 Stephens City, VA 22655 Robert T. Williamson, Sheriff Frederick County 5 N. Kent Street Winchester, VA 22601 Edwin C. Daley City of Winchester 15 N. Cameron Street Winchester, VA 22601 Elizabeth A. Minor City of Winchester 695 Woodland Avenue Winchester, VA 22601 Eric M. Varnau City of Winchester 231 E. Piccadilly Street Winchester, VA 22601 Lenny Millholland, Sheriff City of Winchester 5 N. Kent Street Winchester, VA 22601 David 1. Ash Clarke County 102 N. Church Street Berryville, VA 22611 David C. Jelinek Clarke County 384 Old Ferry Lane Bluemont, VA 22012 Tony Roper, Sheriff Clarke County P.O. Box 49 Berryville, VA 22611 Chester W. Stribling Fauquier County 40 Culpeper Street Warrenton, VA20186 Minnte Book Number 30 Board of Supervisors Regular Meeting of 05/11105 515 Paul McCulla Fauquier County 40 Culpeper Street Warrenton, VA 20186 Charlie Ray Fox, Jr., Sheriff Fauquier County 78 West Lee Street Warrenton, VA 20186 The ternlS of office of the members, other than the aforesaid Sheriffs, shall be for four (4) years with the initial terrns of the initial members ofthe Authority determined and terminating for purposes ofthe Authority in the same manner as they would have for the Regional Jail Board. Each individual member shall have one (1) vote on the Authority. The aforesaid Sheriffs and their duly elected successors shall serve on the Authority during their respective terms of office. 4. The Authority shall have all powers and rights under the Act and applicable law, and pursuant to the Act, each of the City of Winchester, Virginia, and the County will initially act as fiscal agents on behalf of the Authority in the respective capacity specified in the Second Amended and Restated Agreement. 5. The preliminary estimate of the capital costs of the Project is twenty-one million six hundred fifty thousand dollars ($21,650,000.00), and the Project may be financed as provided in the Act. To the extent there other capital costs, including financing proposal costs, the County finds that inclusion of such information in this Resolution is impracticable. 6. The County hereby consents to the issuance of the Obligations in the aggregate principal amount necessary to finanee the costs of the Project and other related costs and expenses, including any capitalized interest, debt service reserve funds and issuance costs. 7. The Obligations will be secured by the Seeond Amended and Restated Agreement and, as to a portion of the Obligations, a pledge by the Authority of reimbursements from the Commonwealth of Virginia for eligible construction eosts of the Project. 8. The Chairman and the Vice-Chairman of the Board, either of whom may aet, are each hereby authorized and directed to execute and deliver the Second Amended and Restated Agreement and such other documents as are necessary to finance the costs ofthe Project. Any other designated County official is hereby similarly authorized and directed to execute and deliver such other documents. 9. The County authorizes the Authority to take all necessary steps and actions toward its organization, including, but not limited to, conducting any organizational meeting. 10. All other acts of the officers of the County, heretofore or hereafter taken, that are in conformity with the purposes and intent of this Resolution and in furtherance of the issuance and sale ofthe Obligations by the Authority, the execution and delivery of the Second Amended and Restated Agreement by the Participating Jurisdictions and the Authority and the undertaking of the Project, are hereby approved, ratified and confirmed. 11. Nothing in this Resolution or in the Second Amended and Restated Agreement is or shall be deemed to be a lending ofthe credit ofthe County or other Participating Jurisdictions to the Authority or to any holder of any of the Obligations or to any other persons, and nothing herein contained is or shall be deemed to be a pledge of the faith and credit or the taxing power of the County or the other Participating Jurisdictions. 12. For purposes of Section 265(b)(3)(C)(iii) ofthe Internal Revenue Service Code of 1986, as amended, the County irrevocably agrees that the amount ofthe Authority's revenue obligations, including the Obligations (but only such revenue obligations the interest on which when issued is intended to be excludable from gross income for federal income Minute Book Number 30 Board of Supervisors Regular Meeting of 05/11/05 . - e s d r e e 516 tax purposes), shall be allocated to each Participating Jurisdiction for the ca~endar year in which the Authority's revenue obligations are issued in the same proportiOn that the repayment obligation of each Participating Jurisdiction is determined under the Second Amended and Restated Agreement with respect to such rcvenue obligations. 13. This Resolution shall take effect immediately. The above motion and resolution were approved by the following recorded vote: Richard C. Shickle Aye Gary W. Dove Aye Bill M. Ewing Aye Gene E. Fisher Aye Gina A. Forrester Aye Lynda 1. Tyler Aye Barbara E. Van Osten Aye PLANNING COMMISSION BUSINESS PUBLIC HEARINGS PUBLIC HEARING - REZONING #05-05 FOR MARATHON BANK. SUBMITTED BY PATTON HARRIS RUST & ASSOCIATES. Pc, TO REZONE 1.0 ACRE FROM RA (RURAL AREAS) DISTRICT TO B2 (GENERAL BUSINESS) DISTRICT. THE PROPERTIES ARE LOCATED ON THE SOUTH SIDE OF NORTHWESTERN PIKE (ROUTE 50 W). WEST AND ADJACENT TO W ARD AVENUE (ROUTE 1317), APPROXIMATELY 900 FEET WEST OF THE ROUTE 37 INTERCHANGE AND ARE IDENTIFIED BY PROPERTY IDENTIFICATION NUMBERS (PINs) 53B 3-5. 53B-3-6. 53B-3-7. AN D53B-3-8 IN THE BACK CREEK MAGISTERIAL DISTRICT. - APPROVED Senior Planner Susan Eddy appeared before the Board regarding this application. Sh advised that this was a request to rezone 1.0 acre ofland from RA (Rural Areas) to B2 (Busines General) District with proffers. The property is located in the Back Creek Magisterial District an the proposed use is general officc and bank. The parcel is located within the boundaries ofthe sewe and water service area and Round Hill Community Plan. The applicant has proffered the following - A generalized development plan for the site. An illustrative landscape plan. To limit freestanding signage on the property to one monument style sign not to exceed 20 feet in height with the sign area not to exceed 75 square feet in area. A monetary contribution of $2,000 for Fire and Rescue and $2,000 to the Frederick County Sheriffs Department. Senior Planner Eddy advised that the proffered entrance on Ward Avenue conforms to the Round HiJ1 Community Plan. It is projected that this project will result in 1,716 vehicle trips per day or an increase of3%. VDOT will require a right turn and deceleration lane on Route 50 East. There wer no adverse agency comments and the Fiscal Impact Model projects this proposal to be a positiv Minute Book Number 30 Board of Supervisors Regular Meeting of 05/11105 517 revenue source for the County. The Planning Commission reviewed this application and recommended approval. Senior Planner Eddy noted that the applicant has prepared a revised set of proffers, dated May 2,2005, per the Planning Commission's comments. She concluded by saying that the proposed Route 50 entrance is contrary to the Round Hill Community Plan and staff encourages elimination of this proposed entrance. Chuck Maddox, Patton Harris Rust & Associates, appeared before the Board on behalf of the applicant. He advised that the Planning Commission talked extensively about transportation. He believes that the entrance off of Route 50 would allow east bound traffic to access the site and then leave via the signalized intersection on Ward Avenue. He went on to say that a right turn only lane was approved on west bound Route 50 as part of the rezoning for the Winchester Medical Center property. With regard to a proposed inter parcel connector with the adjoining property, Mr. Maddox stated that the adjoining property would have to go through the rezoning process, etc. before the applicant would consider it. He concluded by saying that traffic from nine acres of commercial development could not be run through the bank parking lot. Supervisor Fisher asked if the right turn only lane was in the VDOT right-of-way or on the property to be rezoned. Mr. Maddox responded that it was located in the VDOT right-of-way. Chairman Shickle convened the public hearing. Robert Funkhouser, Back Creek District, advised that he was the owner ofthe adjoining parcel and desired to rezone his property in the future. He hoped the proposed turn lane did not negatively impact the potential development of his property. Donald Unger, President of Marathon Bank, showed drawings ofthe proposed facility and advised that the applicant would work with the adjacent property owners. There being no further public comments, Chairman Shickle closed the public hearing. Supervisor Forrester asked VDOT's representative for insight regarding the proposed right in only entrance. Resident Engineer Jerry Copp advised that VDOT had not been involved in any discussions regarding a possible shared right in only entrance. He advised that VDOT would not allow a right- out exit at that location. Minute Book Number 30 Board of Supervisors Regular Meeting of 05/11/05 518 Supervisor Van Osten asked if it would be appropriate, at any point along the road frontage, to have a right out exit. Engineer Copp advised that it would be possible if the entrance was kept to the west of the Funkhouser property. He further stated that there would be a continuous right turn lane across the front of the Funkhouser property to the bank entrance. Chainnan Shickle asked if this proposal before the Board negatively impacted the Funkhouser property. Engineer Copp responded "not in my opinion". He went on to say that VDOT would not allow a crossover at that site. Supervisor Forrester asked if there was value in an inter parcel connector. Engineer Copp responded that he could see value, but he did not know where it would go to connect with Ward Avenue. Upon a motion by Supervisor Van Osten, seconded by Vice-Chairman Dove, the Board approved Rezoning #05-05 with the proffers as stated. WHEREAS, Rezoning #05-05 for Marathon Bank, was submitted by Patton Harris Rust & Associates, PC, to rezone 1.0 acre from RA (Rural Areas) District to B2 (General Business) District. The properties are located on the south side of Northwestern Pike (Route 50 W), west and adjacent to Ward Avenue (Route 1317), approximately 900 feet west of the Route 37 Interchange, in the Back Creek Magisterial District, and are identified by Property Identification Numbers (PINs) S3-B-3-S, S3B-3-6, S3B-3-7, and S3B-3-8. WHEREAS, the Planning Commission held a public hearing on this rezoning on April 20, 2005; and WHEREAS, the Board of Supervisors held a public hearing on this rezoning on May II, 2005; and WHEREAS, the Frederick County Board of Supervisors finds the approval ofthis rezoning to be in the best interest of the public health, safety, welfare, and in conformance with the Comprehensive Policy Plan; NOW, THEREFORE, BE IT ORDAINED, by the Frederick County Board of Supervisors that Chapter 165 ofthe Frederick County Code, Zoning, is amended to revise the Zoning District Map to change l.0 acre from RA (Rural Areas) District to B2 (General Business) District, as described by the application and plat submitted, subject to the attached conditions voluntarily proffered in writing by the applicant and the property owner. This ordinance shall be in effect on the datc of adoption. The above motion was approved by the following recorded vote: Richard C. Shickle Gary W. Dove Bill M. Ewing Aye Aye Aye Minute Book Number 30 Board of Supervisors Regular Meeting of 05/11/05 519 Gene E. Fisher Aye Gina A. Forrester Aye Lynda J. Tyler Aye Barbara E. Van Osten Aye PUBLIC HEARING - EASTERN ROAD PLAN - PROPOSED AMENDMENT TO THE FREDERICK COUNTY COMPREHENSIVE POLICY PLAN TO ALTER THE EASTERN ROAD PLAN. CHANGES INCLUDE ROADS AND PROPOSED ROADS BETWEEN BERRYVILLE PIKE (ROUTE 7) AND SENSENY ROAD (ROUTE 657), EAST OF GREENWOOD ROAD (ROUTE 656). THE AL TERATIONS ARE IN THE RED BUD MAGISTERIAL DISTRICT - APPROVED Senior Planner Susan Eddy appeared before the Board regarding this item. She advised that this was a public hearing on a Comprehensive Plan amendment to modify the Eastern Road Plan. She reviewed the existing plan and the proposed changes that would be adopted.. The first revision was to classify the spine road that was proffered with the Haggerty rezoning as a major collector road and to show its extension to Senseny Road. This route would parallel the future Route 37. The second revision was the elimination ofthe proposed connection on the existing Eastern Road Plan between Senseny Road and Route 7 (via Morning Glory Drive). The proposed revisions were recommended for approval by the Transportation Committee, Comprehensive Plans and Programs Subcommittee, and Planning Commission. Chairman Shickle convened the public hearing. Gary Adams, co-owner of property belonging to Goldies, LC, advised that he wanted a connector street to his property from the Arcadia property, as he has been unable to negotiate with the adjoining property owners for a connector street. He concluded by asking the Board not to land lock them again. Roxanne Adams Wingfield, co-owner of property belonging to Goldies' , LC, stated "please don't keep us from doing what we need to do". There being no further public comments, Chairman Shickle closed the public hearing. Upon a motion by Supervisor Forrester, seconded by Vice-Chairman Dove, the Board approved the Eastern Road Plan. WHEREAS, an amendment to The Frederick County 2003 Comprehensive Policy Plan, Chapter 7, Transportation, to modify the Eastern Road Plan was considered. This amendment was reviewed by the Transportation Committee, the Comprehensive Plans and Programs Subcommittee (CPPS), and the Planning Commission during their regularly scheduled meetings; and WHEREAS, the Transportation Committee recommended approval ofthis amendment on March 1,2005; and Minute Book Number 30 Board of Supervisors Regular Meeting of 05111105 520 WHEREAS, the Comprehensive Plans and Programs Subcommittee (CPPS) recommended approval of this amendment on March 14,2005; and WHEREAS, the Planning Commission held a public hearing on this Comprehensive Policy Plan amendment on May 4, 2005; and WHEREAS, the Board of Supervisors held a public hearing on this Comprehensive Policy Plan amendment on May 11,2005; and WHEREAS, the Frederick County Board of Supervisors finds the adoption of this Comprehensive Policy Plan amendment to be in the best interest ofthe public health, safety, welfare, and in good planning practice; NOW, THEREFORE, BE IT ORDAINED by the Frederick County Board of Supervisors that the Frederick County 2003 Comprehensive Policy Plan, Chapter 7, Transportation, is amended to modify the Eastern Road Plan. This 2003 Comprehensive Policy Plan amendment is shown on the attached map. This amendment shall be in effect on the day of adoption. The above motion and resolution were approved by the following recorded vote: Richard C. Shickle Aye Gary W. Dove Aye Bill M. Ewing Aye Gene E. Fisher Aye Gina A. Forrester Aye Lynda J. Tyler Aye Barbara E. Van Osten Aye OTHER PLANNING ITEMS REPORT FROM COUNSEL RE: ARCADIA CASE - APPROVED COUNSEL RECOMMENDATION Mr. Robcrt T. Mitchell, Jr., legal counsel for the County in the Arcardia matter, appeared before the Board and requested that the Board authorize him to resolve this pending case in light of the approval of changes to the Eastern Road Plan and forth coming ordinance amendments regarding inter parcel connector roads. Upon a motion by Supervisor Forrester, seconded by Supervisor Tyler, the Board authorized County's counsel to resolve the pending Arcadia case by entry of a consent decree approving the Arcadia Master Development Plan without the change that the street identified as Nassau Drive on the Master Development Plan be extended to the east boundary line of the property. The above motion was approved by the following recorded vote: Richard C. Shickle Gary W. Dove Bill M. Ewing Gene E. Fisher Gina A. Forrester Aye Aye Aye Aye Aye Minute Book Number 30 Board of Supervisors Regular Meeting of 05/11/05 521 Lynda J. Tyler Aye Barbara E. Van Osten Aye BOARD LIAISON REPORTS Supervisor Tyler reported briefly on all of the recently passed and upcoming tourism related events, including the courthouse renovation project. Administrator Riley advised that the renovated courtroom would become a community meeting room. Chairman Shickle asked about holding one more board meeting there after the renovation is complete. Administrator Riley advised that it was staff's intent to use the renovated courtroom for special occasions. Supervisor Forrester stated that it would be helpful to have ajoint facility presentation from Parks and Recreation. Administrator Riley advised that staff would have mark ups at the public hearing showing how the space would be utilized. CITIZEN COMMENTS There were no citizen comments. BOARD OF SUPERVISORS COMMENTS There were no Board of Supervisors' comments. ADJOURN 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. (9:45 P.M.) \2----LQ ~~ Richard C. Shickle Chairman, Board of Supervisors J.~1!- Clerk, Board of Supervisors Minutes Prepared By: C1Qj,f. ~ '-1J~ Jay E.~ibl!J . ! Deputy Clerk, Board of Supervisors Minute Book Number 30 Board of Supervisors Regular Meeting of 05/11 /05