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HomeMy WebLinkAboutMay 25, 2005 Regular Meeting 525 A Regular Meeting ofthe Frederick County Board of Supervisors was held on Wednesday, May 25, 2005, at 6: 15 P.M., in the Board of Supervisors' Meeting Room, County Administration Building, 107 North Kent Street, Winchester, Virginia. PRESENT Chaimlan Richard C. Shickle; Vice Chairman Gary W. Dove; Gene E. Fisher; Gina A. Forrester; Lynda 1. Tyler; and Barbara E. Van Osten. ABSENT Bill M. Ewing (Arrived at 6:50 P.M.) CALL TO ORDER Chairman Shickle called the meeting to order. BOARD RETIRED INTO CLOSED SESSION Upon a motion by Vice-Chairman Dove, seconded by Supervisor Forrester, the Board convened into Closed Session pursuant to Code o.fVirginia, 1950, as Amended, Section 2.2-3711 A (5) and (7) to discuss an economic development industrial prospect and legal matters. 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 Lynda 1. Tyler Barbara E. Van Osten Aye Aye Absent Aye Aye Aye Aye (Supervisor Ewing arrived at 6:50 P.M.) BOARD RECONVENED INTO REGULAR SESSION Upon a motion by Vice-Chairman Dove, seconded by Supervisor Forrester, the Board came out of closed session and reconvened in Regular Session. 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. F orrester Aye Lynda 1. Tyler Aye Barbara E. Van Osten Aye Upon a motion by Vice-Chairman Dove, seconded by Supervisor Forrester, the Board Minute Book Number 30 Board of Supervisors Regular Meeting of 05125105 526 certified that to the best of each board member's knowledge only Virginia Code Section 2.2-3711 A (5) and (7) economic development industrial prospect and legal matters werc discussed. Richard C. Shickle Gary W. Dove Bill M. Ewing Gene E. Fisher Gina A. Forrester Lynda 1. Tyler Barbara E. Van Osten Aye Aye Abstained Aye Aye Aye Aye The Board recessed until 7:15 P.M. CALL TO ORDER Chairman Shickle called the regular meeting to order. INVOCATION Reverend Robert Stainback, Congregational Christian Fellowship, delivered the invocation. PLEDGE OF ALLEGIANCE Vice-Chairman Dove led the Pledge of Allegiance. ADOPTION OF AGENDA - APPROVED AS AMENDED County Administrator John R. Riley, Jr. advised that he had three additions to the agenda. He asked the Board to add the following items under County Officials: 6. 2006 V ACo Legislative Priorities. 7. Designation of Applicant's Agent Resolution - 2005 State Homeland Security Program - Appointment of Gary DuBrueler. 8. Winchester Regional Airport Request for a Supplemental Appropriation. Upon a motion by Supervisor Tyler, seconded by Supervisor Dove, the agenda was approved 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 Administrator Riley advised the Board that the applicant had agreed to defer the Request for Endorsement of Limited Access Line Break for Kemstown Commons. Upon a motion by Supervisor Forrester, seconded by Supcrvisor Fisher, the Board amended Minnte Book Number 30 Board of Supervisors Regular Meeting of OS/25/05 527 the agenda by postponing this item for thirty days. 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 CONSENT AGENDA - APPROVED Administrator Riley offered the following item for the Board's consideration on the consent agenda: Parks & Recreation Committee Report - Tab G. Upon a motion by Supervisor Forrester, seconded by Vice-Chairman Dove, the Board approved the consent agenda by the following recorded: Richard C. Shickle Aye Gary W. Dove Aye Bill M. Ewing Ayc Gene E. Fisher Aye Gina A. Forrester Aye Lynda J. Tyler Aye Barbara E. Van Osten Aye CITIZEN COMMENTS Reverend Jason Duley, Shawnee District & representing Macedonia United Methodist Church, addressed the Board rcgarding the Tasker Woods Land Use Plan. He stated that the church is located across the street from the proposed Tasker Woods project and he was in favor of this area becoming a community development. He expressed concern that this area might become commercial or heavy industry if it is not residential. He stated that he and his church members would rather not see the heavy truck traffic associatcd with commercial and industrial development, as the church planned to begin a child care service. Michael Smith addressed the Board regarding the West Jubal Early Land Use Plan. He spoke about the need for the Jubal Early Drive extension and connection to Route 37 and stated his support. He went on to say that the County necded to improve its road infrastructure. He concluded by saying that he supported the Board's efforts to get road improvemcnts. BOARD OF SUPERVISORS COMMENTS Minute Book Number 30 Board of Supervisors Regular Meeting of OS/25/05 1528 There were no Board of Supervisors comments. MINUTES - APPROVED WITH CORRECTIONS The minutes from the May 11,2005 Regular Meeting were presented. A typographical error was corrected. Upon a motion by Supcrvisor Van Osten, seconded by Supervisor Forrester, the Board approved the minutcs as corrected 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 Upon a motion by Supervisor Ewing, seconded by Supervisor Fisher, the Board approved the minutes from the May 16, 2005 Joint Meeting with the Frederick County Public Schools Buildings and Grounds Committee. 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 Lynda J. Tyler Barbara E. Van Osten Aye Aye Aye Aye Abstained Abstained Abstained COUNTY OFFICIALS RESOLUTION (#063-05) IN MEMORIAM OF KENNETH Y. STILES - APPROVED Chairman Shickle read the following Resolution in Memoriam of Kenneth Y. Stiles, former Chairman of the Board of Supervisors. WHEREAS, Kenneth Y. Stiles. served the citizens of Frederick County, Virginia, for 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-l99l; 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, 1982-199l), Streams Standards Committee (1980), ASC Liaison (1980, 1982- 1983), Joint Judicial Center Committee (1982-1983), Regional Library Committee (1982-1983), Commissioner ofthe Revenue Committee (1982-1983), Frederick-Winchester Service Authority (1984-1991), Transportation Committee (1984-1987,1989-1991); and Minute Book Number 30 Board of Supervisors Regular Meeting of 05/25/05 529 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 ofthe citizens of Frederick County; and WHEREAS, Mr. Stiles will be long remembered, by those who served with him and the employees of Frederick County Government that worked for him, as a man of strong convietions, straight talk, and one who personified love of eounty. NOW, THEREFORE BE IT RESOLVED, that the Frederick County Board of Supervisors extends it deepest sympathy to the family of Kenneth 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 ofthis resolution be presented to his wife and family. ADOPTED this 25th day of May, 2005. Upon a motion by Supervisor Van Osten, seconded by Supervisor Fisher, 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 J. Tyler Aye Barbara E. Van Osten Ayc Chairman Shickle presented a framed copy of this resolution to the Kenneth Stiles family. Winchester City Council President Charley Gaynor presented the family with a copy of a similar resolution adopted by the Common Council of the City of Winchester. COMMITTEE APPOINTMENTS APPOINTMENT OF EDWARD J. KEENAN AS SHAWNEE DISTRICT REPRESENTATIVE TO THE EXTENSION LEADERSHIP COUNCIL TO FILL THE UNEXPIRED TERM OF DIANA L. HEISHMAN - APPROVED Upon a motion by Supcrvisor Fisher, seconded by Supervisor Forrester, the Board appointed Edward J. Keenan to fill the unexpired term of Diana 1. Heishman as Shawnee District Representative to the Extension Leadership Council, said term to expire January 14,2006. 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 Lynda J. Tyler Aye Aye Aye Aye Aye Aye Minute Book Number 30 Board of Supervisors Regular Meeting of OS/25/05 530 Barbara E. Van Osten Aye APPOINTMENT OF CAROLYN GLAIZE TO SERVE ON THE CONSOLIDATION STEERING COMMITTEE - APPROVED Upon a motion by Supervisor Van Osten, seconded by Supervisor Ewing, the Board appointed Carolyn Glaize to serve as a Frederick County representative to the Consolidation Steering 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 REAPPOINTMENT OF JANET CARBAUGH AS FREDERICK COUNTY REPRESENTATIVE ON THE LORD FAIRFAX EMERGENCY MEDICAL SERVICES COUNCIL (LFEMS) - APPROVED Upon a motion by Supervisor Ewing, seconded by Supervisor Forrester, the Board approved the reappointment of Janet Carbaugh as Frederick County rcpresentative on the Lord Fairfax Emergency Medical Services Council. This is a three year term, said term to expire June 30, 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 MEMORANDUM RE: CANCELLATION OF SEPTEMBER 14. 2005 BOARD MEETING - APPROVED Upon a motion by Supervisor Tyler, seconded by Vice-Chairman Dove, the Board canceled the September 14,2005 meeting due to a scheduling conflict. 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 Minute Book Number 30 Board of Supervisors Regular Meeting of OS/25/05 531 RESOLUTION (#065-05) REOUESTING HEALTH DEPARTMENT HALT ISSUANCE OF CONDITIONAL APPROVALS FOR NEW CONSTRUCTION - APPROVED Assistant County Administrator Kris Tierney advised that this was a follow up from the last meeting. Staff inquired with the Health Department regarding the alteration of the way in which requests for approval of undersized health systems within Frederick County are handled. Staff was informed that official communication from the Board containing this request was all that was required. He went on to say that a resolution has been prepared that expresses the Board's desire to halt the construction of new residential dwellings with undersized health systems. Vice-Chairman Dove asked ifthere would be a waiver process. Assistant Administrator Tierney that there would not be a waiver provision for new construction. Upon a motion by Supervisor Tyler, seconded by Supervisor Van Osten, the Board approved the Resolution Requesting Health Department Cessation of Conditional Construction Permit Approvals for New Construction. WHEREAS, the Commonwealth of Virginia State Board of Health regulations provide for the issuance of Conditional Construction Permits, as defined in Section 2.13 J of the Sewage Handling and Disposal Regulations, dated July 1, 2000; and WHEREAS, such regulations enable various conditions to be placed on an approved health system, one of which includes the limitation on the number of persons occupying the dwelling or using the facility served by the proposed septic tank system; and WHEREAS, records indicate that many dwellings constructed in recent years under the provision of a conditional construction permit are in fact occupied as year-round residences and the number of dwelling occupants is not monitored; and, WHEREAS, State Health Department policies provide for a locality to establish stricter standards for the issuance of health permits within their jurisdictional boundaries. NOW, THEREFORE, BE IT RESOLVED, that the Frederick County Board of Supervisors does hereby request that the State Health Department cease to issue Conditional Construction Permits for new construction within Frederick County. Adopted this 25th day of May, 2005. The above motion was approved by thc 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 Minute Book Nnmber 30 Board of Supervisors Regular Meeting of OS/25/05 532 PRESENTATION BY THE UNITED STATES GEOLOGICAL SURVEY (USGS) ON THE WATER RESOURCE STUDY The Board heard a presentation from George Harlowe, United States Geological Survey, regarding the ongoing water resources projects in Frederick County that were initiated in 2000. The presentation covered the Great Valley Regional Water Resource Project, which includes the Shenandoah Valley and other water sheds. Supervisor Van Osten stated that it was gratifying to see what all had been done. Chairman Shickle asked if the stream flow monitors would remain. Mr. Barlowe stated as long as the monitors are funded they will remain. He went on to say that there were 45 wells being measured in Frederick County; however, that density would not be maintained when the contract expired. 2006 VACO LEGISLATIVE PRIORITIES Administrator Riley advised that the County had been notified by the Virginia Association of Counties that they were preparing their 2006 legislative program and ifthe Board had issues for consideration then staff would need those by the last meeting in June. He went on to say that last year's list would be distributed as a starting point. Supervisor Tyler asked that the V ACo legislative priority booklet be distributed to the Board as well. DESIGNATION OF APPLICANT'S AGENT RESOLUTION (#066-05) - 2005 STATE HOMELAND SECURITY PROGRAM - APPOINTMENT OF GARY DUBRUELER - APPROVED Upon a motion by Supervisor Forrester, seconded by Supervisor Van Osten, the Board approved the Designation of Applicants Agent Resolution: BE IT RESOLVED by the Board of Supervisors of Frederick County, VA that Gary A. DuBrueler, Director, is hereby authorized to execute for and in behalf of Frederick County, V A, a public entity established under the laws of the State of Virginia, this application and to file it in the appropriate State Office for the purpose of obtaining certain Federal financial assistance under the OJP, National Domestic Preparedness Office Grant Program( s), administered by the Commonwealth of Virginia. That, Frederick County, V A, a public entity established under the laws of the Commonwealth of Virginia, hereby authorizes its agent to provide to the Commonwealth and to the Office of Justice Programs (OJP) for all matters pertaining to such Federal financial assistance any and all information pertaining to these Grants as may be requested. Passed and approved this 25th day of May, 2005. The above motion was approved by the following recorded vote: Minute Book Number 30 Board of Supervisors Regular Meeting of 05/25/05 533 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 WINCHESTER REGIONAL AIRPORT REOUEST FOR A SUPPLEMENTAL APPROPRIATION - APPROVED Administrator Riley advised that this was a request from the Winchester Regional Airport for a supplemental appropriation in the amount of $1 03,200 due to an increase in the sales of Jet A fuel and the higher cost of this fuel. No additional local funds are needed. He concluded by saying that the reason this request was before the Board was that it came in after the May Finance Committee meeting. Upon a motion by Supervisor Ewing, seconded by Supervisor Fisher, the Board approved the supplemental appropriation request 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 PARKS AND RECREATION COMMISSION REPORT - APPROVED UNDER CONSENT AGENDA The Parks and Recreation Commission met on May 17, 2005. Members present were: Charles Sandy (not present for vote), Robert Hartman, P. W. Hillyard, III, Victoria Keelon, Ronald Madagan, Larry Sullivan Items ReQuiring Board of Suoervisors Action: I. None. Submitted for Board Information Only: 1. Closed Session - Commission convened into closed session under Virginia Code 2.2- 3711 A 30 to review PPEA proposals for an indoor aquatics facility. Following the closed session Mr. Hartman recommended the Commission forward the proposals submitted by Valley Health Systems, Lantz Construction Company of Winchester, Inc., and Howard Shockey and Sons, Inc. to the Public Works Committee to bc considered as candidates for the detailed phase ofreview for a community swim and center proposal, second by Mr. Madagan, carried unanimously (5-0). 2. Vehicle Use Policy - Mr. Hartman moved to accept the revised policy, second by Mrs. Keelon, carried unanimously (5-0). Minute Book Number 30 Board of Supervisors Regular Meeting of OS/25/05 53/ 3. Executive Committee Report - Committee recommends approval of Mr. Laxmi N. Kesari's request for gate access to Clearbrook Park during park hours of operation in accordance with guidelines set forth in a Memorandum of Understanding, second by Mrs. Keelon, carried unanimously (5-0). FINANCE COMMITTEE REPORT - APPROVED The Finance Committee met in the First Floor Conference Room at 107 North Kent Street on Wednesday, May 18,2005 at 8:00 a.m. Committee member Richie Wilkins was absent. 1. The Fire and Rescue Director requests a General Fund supplemental appropriation in the amount of$LOOO. This amount represents a donation received and is requested to be appropriated to Other Operating Supplies to assist in paying for the lettering and graphic work for the new public education trailer. No additional local funds are needed. See attached memo, p. 1. The committee recommends approval. - Approved. Upon a motion by Supervisor Ewing, seconded by Supervisor Forrester, the Board approved the above request 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 2. The Public Works Director requests a General Fund budget transfer in the amount of $24.000. This amount is needed to purchase a 4x4 pickup truck for the Gypsy Moth/Biosolids Coordinator. The transfer is being made from the Professional Services line item which has a surplus of funds due to treatment for Gypsy Moths not being needed. No additional local funds are needed. See attached memo, p. 2-4. The committee recommends appruval.- Approved. Upon a motion by Supervisor Ewing, seconded by Supervisor Forrester, the Board approved the above request 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 3. The Public Works Director requests a General Fund budget transfer in the amount of $3.500. This amount is needed to cover fuel costs for the Inspections Department for the remainder ofthe fiscal year. No additional local funds are needed. See attached memo, p. 2-5. The Committee recommends approval. - Approved. Upon a motion by Supervisor Ewing, seconded by Supervisor Forrester, the Board approved the above request 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 OS/25/05 535 Gene E. Fisher Aye Gina A. Forrester Aye Lynda J. Tyler Aye Barbara E. Van Osten Aye 4. The Parks and Recreation Director requests approval for four additional cellular phones for Parks and Recreation staff. See attached memo, p. 6. The committee recommends approval. - Approved. Upon a motion by Supervisor Ewing, seconded by Supervisor Forrester, the Board approved the above request by the following recorded vote: Richard C. Shickle Aye GaryW. Dove Aye Bill M. Ewing Aye Gene E. Fisher Aye Gina A. Forrester Aye Lynda J. Tyler Aye Barbara E. Van Osten Aye 5. The Parks and Recreation Director requests a General Fund supplemental appropriation in the amount of $167.000. This amount represents the installation of new sewer lines to a pump station for Clearbrook Park. This pump station connects to the Frederick County Sanitation Authority sewer system. Additiona11ocal funds are necessary. See attached memo, p. 7. The committee recommends approval. - Approved. Upon a motion by Supervisor Ewing, seconded by Supervisor Tyler, the Board approved the above request by the following recorded vote: Richard C. Shickle Aye Gary W. Dove Aye Bill M. Ewing Aye Gene E. Fisher Aye Gina A. F arrester Aye Lynda J. Tyler Aye Barbara E. Van Osten Aye 6. The Regional Jail Administrator requests a Regional Jail Fund supplemental appropriation in the amount of $1 0.000. This amount rcpresents anticipated heating expenses for the remaindcr of the fiscal year. No additional local funds arc needed. See attached memo, p. 8. The committee recommends approval. - Approved. Upon a motion by Supervisor Ewing, seconded by Supervisor Forrester, the Board approved the above request by the following recorded vote: Richard C. Shickle Aye Gary W. Dove Aye Bill M. Ewing Ayc Gene E. Fisher Aye Gina A. Forrester Aye Lynda J. Tyler Aye Barbara E. Van Osten Aye 7. The Regional Airport Director requests an Airport Operating Fund supplemental appropriation in the amount of$6.000. This amount represents the additional cost to lease a larger Minute Book Number 30 Board of Supervisors Regular Meeting of OS/25/05 536 fuel truck due to the increase injet fuel sales. This expense is offset by the sale of the jet fuel. No additional local funds are needed. See attached memo, p. 9. The committee recommends approval.- Approved. Upon a motion by Supervisor Ewing, seconded by Supervisor Forrester, the Board approved the above request by the following recorded vote: Richard C. Shickle Aye Gary W. Dove Aye Bill M. Ewing Aye Gene E. Fisher Ayc Gina A. Forrester Aye Lynda J. Tyler Aye Barbara E. Van Osten Aye ***For Information Only*** 1. Attached is a Fire and Rescue audit status as requested. See attached report, p. 10. The committee requested that the County Administrator draft a letter to the Frederick County Fire and Rescue Association voicing the committee's concern on the timeliness of these audits. 2. There were no changes to fund balances during the month of April. PUBLIC HEARING PUBLIC HEARING - AN ORDINANCE TO AMEND THE FREDERICK COUNTY CODE. CHAPTER 50. BIOSOLIDS. THE PROPOSED AMENDMENTS WOULD BRING THIS CHAPTER OF THE CODE INTO CONFORMANCE WITH CHANGES MADE TO THE STATE REGULATIONS - APPROVED. Administrator Riley advised that the Code and Ordinance Committee met on April!!, 2005 and discussed proposed amendments to Chapter 50 Biosolids, Frederick County Code. The proposed amendments would bring our ordinance into conformance with changes made to the State regulations. The Committee unanimously recommended approval ofthe proposed amendments to the Biosolids Ordinance and forwarded them to the Board for public hearing with a recommendation of approval. 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 Vice Chairman Dove, the Board approved the amendment to Chapter 50, Biosolids, Frederick County Code. BE IT ORDAINED, that Chapter 50, Biosolids, be amended to reflect the following changes: ~ 50-1. Purpose and Intent: Minnte Book Number 30 Board of Snpervisors Regular Meeting of 05125105 537 This ordinance is intended to ensure laws and regulations governing the land application of Biosolids (Class B) are properly implemented and enforced, and to secure and promote the health, safety, and welfare ofthe County's citizens; to deter the creation of a public nuisance and to prevent pollution of the waters and soils of the County related to the land application of Biosolids. In carrying out this ordinance, the County will test and monitor the land application of Biosolids to agricultural land within the boundaries as authorized by the Vir~inia Administrative Code Section 12 V AC 5-585-660 throuflh VAC 5-585-750. and in accordance with the Biosolids Fee Guidance Manual. Code of Virginia Section 12.5-585-660 t111ou~h 12.5-585-698 ","d applicable le~ulat;ol1~. This ordinance is intended to address the land application of Biosolids in the County and to implement the authority granted to local governments by VA Code sections 62.1-44.19:3 and sections 32.1-164 etc-:, et seq.. (to provide for the testing, monitoring and enforcement of land applications ofBiosolids within the political boundaries ofthe County and to insure compliance with applicable laws and regulations.) This 01J;11<111CC Chapter is not intended to regulate the land application of animal waste, water treatment plan sludge, the disposal of sludge at the sanitary landfill, or exceptional quality Biosolids (class A) marketed or distributed for use according to t7 V AC 5-585. Vir~inia Administrative Code 12 VAC 5-585-520. ~ 50-2. Definitions. Applicator - any person who applies Biosolids pursuant to appropriate Virflinia Department of Health permits. Biosolids (class B) - a sewage sludge that has received an established treatment for required pathogen control and is treated or managed to reduce vector attraction to a satisfactory level and contains acceptable levels of pollutants, such that it is acceptable for use for land application, marketing or distribution in accordance with the Virginia Biosolids Use Regulations. (DUR) 12 'lAC 5-585-10 OCtObCl 15, 1997.12 VAC 5-585-560. Table 8-A. Cla6S A D;osol;J~ llleanS a Class I t1eateJ ~Iudge ~ith approved contlol of vector attraction and acceptable Ie v cis of pollutiollS (TaLk 8-A, DUR). Cla66 D D;v~vlids [(leans a sludge t11at1 ",,,ci v es a Class I 01 IT 11 eatmwt for adequate pathogen conl1ol and ;s t,,,atcd Vi ill<111<1/Scd to plopedy leduce Ved01 ,,[[l<1ction and acceptable level of pollutants (Table 8-A, DUR). Exceptional Quality Biosolids (class A) - biosolids that have received an established level of treatment for pathogen control and vector attraction reduction and contains known levels of pollutants, such that they may be marketed or distributed for public accordance with the Biosolids Use Regulations 12.5-585-520. Land Aoolication - the distribution of either treated wastewater of acceptable quality. referred to as effluent. or supernatant from biosolids facilities or stabilized sewafle sludfle of acceptable quality. referred to as biosolids. upon. or insertion into. the land with a uniform application rate for the purpose of utilization. assimilation or pollutant removal. Bulk disposal of stabilized slud~e in a confined area. such as in landfills. is not land application. Sites approved for land application of biosolids or supernatant in accordance with this chapter are not to be considered to be treatment works. Permittee - a person. firm. corporation. political subdivision or other entitv holdinfl a permit for the land ap-plication or distribution of biosolids. issued bv the Vir~inia Department of Health. PClmit II\"Jldel means an illdi vidual 01 fiUll that holds a permit issued by the Virginia Department of IIcalth (VDII) for the application of Diosolids ill l'rcderick COU11ty. PClmit mcallS all authorization glanted by thc atlth\"Jlity ofthe Common~ealth ofVi1o;11;<1 tv "'pply land Diosolids. Permit - either an authorization ~ranted bv the commissioner to construct. or operate facilities Minute Book Number 30 Board of Supervisors Regular Meeting of 05/25/05 ! 538 and specific sites utilized for biosolids management. includinfl land application. marketinfl and distribution of biosolids. A Virginia Pollution Abatement permit issued bv the Department of Environmental Oualitv. to a land applier is an optional permit for these activities authoritv of the Commonwealth of Virginia to applv land Biosolids. ~ 50-3. Biosolids Monitor There is hereby established the position of Biosolids Monitor, who shall be an employee or agent ofthe County, either full-time or part-time, charged with the responsibility of ensuring that the land application ofBiosolids is conducted in accordance with this ordinance and applicable Federal and State laws and regulations. The Biosolids Monitor shall review permit modifications related to the application ofbiosolids; maintain an accurate filing system depicting the location of all permitted biosolids application sites in the County; perform field inspections during the application of biosolids and initiate field and laboratory testing of sites. The Dio50Ld~ Monitol shall have the authority to order tho.: abatemo.:lit vf ally v iolat;on of stat" la~ 01 lC~ulaColI. The abateIheIlt vldel shall ;J,,"t;fy thc activity constituting the violat;vll, specify tllC code Plovision 01 lC~ulat;vll ~iolato.:d by the activity aIld vrdcr cessation and cOllcctioll of the violation. The Biosolids Monitor shall have the authority to order the abatement of anv violation under Virginia Administrative Code Section 32.1-164.5. 32.1-164.6 or 62.1-44.19:3 or anv re!!ulation promul~ated under those sections. The Biosolids Monitor may request that the Virginia Department of Health (VDH) suspend or revoke the Permit Holder's application to apply Biosolids on a specific site in the County or in the entire County. ~ 50-5. Reimbursements. The Biosolids Monitor shall submit requests for reimbursement on behalf of the County for costs and expenses oftesting and monitoring land applications and related expenses as are allowable by applicable state law, regulations, manuals, guide and procedures, under Vir!!inia Administrative Code 12 VAC 5-585-50 and 12 VAC 5-585-690. & 50- . Monitorinl: and Samplin2:. A. Bv aflreeinfl to accept Biosolids for land application. the Owner of the propertv on which land application takes place a1.!rees to allow the Biosolids Monitor access to the land application site for the purpose of monitorinfl land application activities. It is the responsibilitv of the permit Holder to ensure the propertv Owner is advised of this requirement. The Biosolids Monitor shall make dili~ent efforts to make contact with the property Owner prior to enterinfl the property. B. The Permit Holder and the Owner shall allow the Biosolids Monitor to take samples at the application site before. durin!!. and after the application. Anv test samples shall be analvzed at a lab authorized to conduct such analvsis and the County Health Department mav review these test results to determine compliance with applicable laws and regulations. At the request of the Applicator. the Biosolids Monitor will provide the Applicator with a split sample. C. At the request of the Biosolids Monitor. the Applicator or Permittee shall provide the most recent analvsis results for Biosolids that are land applied at anv site in the countv. The above amendments were approved by the following rccorded vote: Richard C. Shickle Gary W. Dove Aye Aye Minute Book Number 30 Board of Supervisors Regular Meeting of OS/25/05 539 Bill M. Ewing Aye Gene E. Fisher Aye Gina A. Forrester Aye Lynda 1. Tyler Aye Barbara E. Van Osten Aye PUBLIC HEARING - AMENDMENT TO THE 2004-2005 FISCAL YEAR BUDGET- PURSUANT TO SECTION 15.2-2507 OF THE CODE OF VIRGINIA. 1950. AS AMENDED. THE BOARD OF SUPERVISORS WILL HOLD A PUBLIC HEARING TO AMEND THE FISCAL YEAR 2004-2005 BUDGET TO REFLECT: SCHOOL CONSTRUCTION FUND SUPPLEMENTAL APPROPRIATION IN THE AMOUNT OF $3.767.000. THIS AMOUNT REPRESENTS FUNDS NEEDED ABOVE ORIGINAL PROJECT ESTIMATES FOR THE ELEVENTH ELEMENTARY SCHOOL PROJECT. - (RESOLUTION # 064-05) - DIRECTED SCHOOL BOARD TO REDESIGN AND REBID PROJECT. Administrator Riley advised that the Board discussed the increased construction costs for the eleventh elementary school at its last meeting. The projected increase was $2,992,000. After discussion with the School Board and Parks and Recreation staff, the Board instructed staff to advertise a budget amendment in the amount of $3,767,000, which would include the projected increase as well as alternate bid items 1,2, and 3. Chairman Shickle convened the public hearing. There were no public comments. Chairman Shickle closed the public hearing. Supervisor Fisher asked about the cost of the 60 mil. EPDM roof. Steve Kapocsi, Administrative Assistant to the Superintendent, responded that this cost was included in the base bid, but was not factored out as a separate cost. The $128,000 additional was the difference between the 60 mil. and 90 mil. roofing. Dr. William Dean, Superintendent of Schools, stated that he could get that information from the architect. Mr. Kapocsi advised that the structure would be getting an added 10 years of rooflife with the 90 mil. roof. Supervisor Fisher stated that he was trying to justify the additional expense. School Board Chairman Larry VanHoose stated that the School Board felt it was more important to have a longer life roof than the fritz tile flooring. Supervisor Fisher asked ifthis design could be made more efficient or redesigned to reduce costs. Minute Book Number 30 Board of Supervisors Regular Meeting of OS/25105 5i\.O Dr. Dean stated that the project had been value engineered to a $30,000 reduction. Vice-Chairman Dove stated that he had been looking at the price ofthis project and felt there was a need to look at spending the citizens' money more wisely. He cited the prototype school that was 71,000 square feet with a student capacity of644; however, this school had the same capacity, but was 81,000 square feet. He went on to say that he had calculated this building every way he could and he had trouble coming up with 81,000 square feet. He stated that he was aware construction costs were up, but felt the only way to save money on this project was to reduce the size of the school. Vice-Chairman Dove moved to direct the School Board to redesign and rebid the 11 th elementary school with a maximum square footage of 77 ,000 square feet, student capacity of 644 students, and with the enlarged, 6,000 square foot, gymnasium. This proposal does not include alternate #1 referenced in the May 4, 2005 letter from Philip Pappas, Oliver, Webb, Pappas, & Rhudy, Inc. The motion was seconded by Supervisor Ewing. Supervisor Tyler expressed concern about how long this process would take. Dr. Dean advised that the redesign process was expensive and the School Board would be losing the bid estimates that were presently submitted. He concluded by saying that he did not know if this process would save any money and the school would not be able to open by August 2006. Supervisor Forrester asked ifthere was an educational reason that the school's eapacity was 644 students. Dr. Dean responded that going beyond 644 students made it difficult to match the students needs and manage the student population. He went on to say that he anticipated the eleventh elementary school opening with 600 or more students. Supervisor Ewing asked if the state recommended capacity for schools. Dr. Dean responded that the Standards of Quality (SOQ' s) talk about class size, which varies by grade level. Supervisor Van Osten stated that she could appreciate Vice-Chairman Dove's comments; however, she believed this project needed to go forward and that back tracking would be counter productive. She concluded by saying that joint meetings between the School Board and Board of Supervisors were warranted to address these issues in the future. She concluded by saying that she Minute Book Number 30 Board of Supervisors Regular Meeting of OS/25/05 541 would like to go forward with this project as proposed. Supervisor Forrester stated that this project was past due and that the school was needed. She concluded by saying that construction costs would go up. Supervisor Fisher stated that a cost of$159 per square foot was high for this type of building. He stated that some changes needed to be made and there would always be a risk in rebidding a project as to whether one would save money or the project would cost more. Supervisor Ewing stated that the County needed to build schools that the tax payers could afford. Supervisor Forrester asked about the state average construction cost per square foot. Mr. Kapocsi responded that the average was $124 per square foot when this project began. V ice-Chairman Dove reviewed the plans and additions, which were over and above Red Bud and Orchard View. He stated that the additional items were restrooms, which he could accept ifthe school was being expanded. He went on to say that he was told an expansion of this school would not happen; therefore, the extra space was not justified. Supervisor Van Osten stated that she thought the process had moved to a point where it would be "foolish" to go back. There being no further discussion, the motion to redesign and rebid the school 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 Nay Lynda J. Tyler Nay Barbara E. Van Osten Nay PLANNING COMMISSION BUSINESS PUBLIC HEARINGS PUBLIC HEARING - THE REVOCATION OF CONDITIONAL USE PERMIT #30- 99 OF WINCHESTER MOTOR SERVICE (THE VAN MAN). TO OPERATE A PUBLIC GARAGE WITHOUT A BODY REPAIR. THE PROPERTY IS LOCATED AT 2372 BERRYVILLE PIKE (ROUTE 7 EAST) AND IS IDENTIFIED WITH PROPERTY IDENTIFICATION NUMBER 55-A-I02 IN THE RED BUD MAGISTERIAL DISTRICT. - APPROVED Zoning and Subdivision Administrator Mark Cheran appeared before the Board on behalf of this application. He advised that the Board approved Conditional Use Permit #30-99 for Minute Book Number 30 Board of Supervisors Regular Meeting of OS/25/05 542 Winchester Motor Services on January 26, 2000, to operate a public garage without body repair on property identified with Property Identification Number 55-A-102 in the Red Bud Magisterial District. Staff received a complaint regarding violations ofthe Frederick County Zoning Ordinance at this property. Staff inspected the property on December 21, 2004 and noted the presence of tractor trailers, debris, and tires located on the property. A letter of violation was issued, as was a notice of revocation for violations ofthe conditions of Conditional Use Permit #30-99. The Planning Commission considered this application at its February 2,2005 meeting and voted unanimously to table the revocation for 90 days to allow the property owner time to clean up the site and in order to come into compliance with the conditional use permit. At the end of the 90-day period, the permit came back to the Planning Commission for action based on staffs report and evaluation ofthe site clean-up and permit compliance. Stafffound the site, as of May 4,2005, had not been brought into compliance with the conditions set forth in CUP# 30-99 or the County Zoning Ordinance. Zoning Administrator Cheran noted that the Frederick County Fire Marshal and Frederick County Solid Waste Coordinator have initiated violation cases against the property owner. The Planning Commission, at its May 4,2005 meeting, unanimously recommended that the conditional use permit be revoked. Zoning Administrator Cheran advised that staff had visited the site this morning and found it not to be in compliance. Sheila W. Beach, property owner and applicant, advised that she has removed some of the steel on the property. She stated that the person currently occupying the property has an eviction notice that will expire today. She went on to say that she was seeking financial assistance and more time to remove the debris. She concluded by saying that she did not intend to go to jail over this. Chairman Shickle asked why the situation had gotten so bad. Ms. Beach responded that she did not currently have the money to pay for the clean up. She also stated that the property had been re-Ieased and the new owner dismembered vehicles on site. She concluded by saying she realized that she would have to take responsibility for this. Chairman Shickle convened the public hearing. Liz Hammond, Red Bud District and adjoining property owner, askcd the Board not to be lenient with this situation. She stated that the propcrty is a mess and she has had transients in her backyard. She concluded by urging the Board to enforce this revocation. Minute Book Number 30 Board of Supervisors Regular Meeting of OS/25/05 51+3 Roger Harteau, Red Bud District and adjoining property owner, concurred with Ms. Hammond. He cited problems with the tractor trailers. He stated that the property was some better, but was not clean. There being no further public comments, the Board closed the public hearing. Ms. Beach stated that she made bad choices in leasing the property and she had no intention ofleaving the debris. She apologized for the person who was there now and stated that he knew he was not allowed to have tractor and trailers on the site. She concluded by saying that she has done the best she can do. Upon a motion by Supervisor Forrester, seconded by Supervisor Tyler, the Board approved the revocation of Conditional Use Permit #30-99. Supervisor Forrester stated that she was not without sympathy to Ms. Beach's problems, but she had to look out for the best interest of the citizens in the area. There being no further discussion, the 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 OTHER PLANNING ITEMS PUBLIC HEARlNG- REZONING #01-05 FOR RUSSELL 150. LC, SUBMITTED BY GREENWAY ENGINEERING. TO REZONE 96.28 ACRES FROM RA (RURAL AREAS) DISTRICT TO B2 (GENERAL BUSINESS) DISTRICT AND 54 ACRES FROM RA (RURAL AREAS) DISTRICT TO RP (RESIDENTIAL PERFORMANCE) DISTRICT. THIS PROPERTY FRONTS ON THE WEST SIDE OF FRONT ROYAL PIKE (ROUTE 522). OPPOSITE AIRPORT ROAD (ROUTE 645), IN THE SHAWNEE MAGISTERIAL DISTRICT. AND IS IDENTIFIED BY PROPERTY IDENTIFICATION NUMBERS (PINS) 64-A-I0 AND 64-A-12. (POSTPONED FROM APRIL 13. 2005 MEETING.) REOUEST FOR ADDITIONAL 60 DAYS. - POSTPONED FOR 60 DAYS PER THE APPLICANT'S REOUEST Upon a motion by Supervisor Fisher, seconded by Supervisor Forrester, the Board approved the applicant's request for an additional 60 day postponement of this application. 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 Minute Book Number 30 Board of Supervisors Regular Meeting of OS/25/05 544 Lynda J. Tyler Aye Barbara E. Van Osten Aye REOUEST FOR ENDORSEMENT OF LIMITED ACCESS LINE BREAK FOR KERNSTOWN COMMONS - POSTPONED AT THE REQUEST OF THE APPLICANT DEVELOPMENT IMPACT MODEL - PATRICK BARKER WITH ECONOMIC DEVELOPMENT COMMISSION - NO ACTION TAKEN Economic Development Director Patrick Barker appeared before the Board to discuss the development impact model. He reviewed the five components of the proposed model: 1. Use of the Development Impact Model's outputs for understanding projected capital facilities impacts of rezoning request. 2. Revenue assignment for understanding projected capital facilities impacts of a rezoning request. 3. School children per dwelling unit. 4. Use of Development Impact Model's licenses. 5. Process for updating the Development Impact Model. Director Barker stated that the work group desired to use this model for long term planning. Chairman Shickle asked if that was staffs recommendation. Planning Director Lawrence stated that staff was comfortable with using this model with a . . rezonmg exercise. Director Barker reviewed the five components and the Planning Commission's recommendation for each. 1. Use of the Development Impact Model's outputs for understanding projected capital facilities impacts of rezoning request. - The Planning Commission recommended utilizing outputs from the Development Impact Model as a replacement to the Capital Facilities Impact Model, which would require the County to maintain only one model for use in development proposals and comprehensive planning exercises. 2. Revenue assignment for understanding projected capital facilities impacts of a rezoning request. - The Planning Commission recommended utilizing Option #2, which assigned revenue credit to be applied to the rezoning petition. A share of this credit would be distributed to each capital facility based on the total capital facilities projected. Chairman Shickle asked if this credit would be given to projects that did not propose a development phasing plan. Director Barker responded that if a proposed rezoning did not indicate a phasing plan then the credits would not be calculated. Minute Book Nnmber 30 Board of Supervisors Regular Meeting of OS/25/05 51+5 Chairman Shickle expressed concern that this conversation relative to implementing a new model still dealt with philosophy, use, and procedure. 3. School Children per Dwelling Unit. - The Planning Commission recommended Option #2, which would be based upon updated accurate and reliable information from Frederick County Public Schools. The current values would continue to be used until such time as statistically reliable, financially responsible replacement values are acquired. Should Option #2 not be feasible, then other options would be examined, including contracting with a private contractor to perform a database analysis of the US Census data. 4. Use of Development Impact Model Licenses. - The Planning Commission recommended the following license assignment: 1 - Finance Department; 2 - Planning & Development Department; 1 - County Administration; and 1 - Economic Development Commission. 5. Process for Updating the Development Impact Model - The Planning Commission recommended an annual review/update of critical inputs, which would take place approximately 2 months aftcr adoption of the County's budget and appointment of a committee to oversee the update process. Director Barker stated that this was the most significant task relative to the success of the Model. After Director Barker's presentation, Chairman Shickle stated that he has tried to understand what was included in the agenda materials, but could not vote yes on this proposal tonight. Supervisor Ewing echoed Chairman Shickle's remarks. Chairman Shickle stated that he thought the Board would be looking at an alternate model that gives the same answer as the current model; however, he was not comfortable with getting a different answer under the new model. Director Barker stated the same costs would be derived from the capital facilities portion, but the actual proffer values cannot be determined in the proposed model. Assistant Administrator Tierney advised that the model was calibrated by running a similar project through the old model and new model. The results were very similar. Chairman Shickle polled the Board as to their desire to move forward with this project. The Board consensus was to get this project completed; however, they would like to see a parallel run of the new and old systems in order to see the significance of any cost discrepancies. Chairman Shickle advised Director Barker that the Board would wait for him to come back with additional information. DISCUSSION - REOUEST FOR EXPANSION OF THE URBAN DEVELOPMENT AREA (UDAl AND PROPOSED MODIFICATIONS TO THE WESTERN JUBAL Minute Book Number 30 Board of Supervisors Regular Meeting of OS/25105 5hG EARLY LAND USE PLAN (WJELUP) - DEFERRED UNTIL THE JULY 13. 2005 MEETING Senior Planner Susan Eddy appeared before the Board regarding this item. She advised that this was a request for an expansion of the Urban Development Area (UDA) to include the Solenberger/Bridgeforth properties. This item was discussed by the Comprehensive Plans and Programs Subcommittee, which was supportive of this request and suggested that a land use plan accompany this UDA expansion request. She went on to say that staff was directed to modify the Western Jubal Early Land Use Plan to incorporate the entire quadrant bound by the City of Winchester to the east, Cedar Creek Grade (Route 622) to the south, Route 37 to the west, and Merriman's Lane and the City of Winchester to the north. She noted that two small parcels in this same area, not part of the Solenberger/Bridgeforth properties are also included in this expansion. Senior Planner Eddy advised that the CPPS considered this proposal at four meetings with much of the discussion focusing on transportation, particularly how an interchange at Jubal Early Drive and Route 37 could be constructed. The Planning Commission discussed this item at its May 4,2005 meeting and raised a number of questions concerning transportation and schools. The proposed modifications to the West J ubal Early Land Use Plan designated development sensitive areas such as Abrams Creek. The predominant land use in the area will be residential with some mixed use (25%-50%) at the intersection of Route 37 and Cedar Creek Grade. The revised plan calls for schools, parks, and walking trails. The key transportation component is the extension of Jubal Early Drive to the new Route 37 interchange and a new co lIector road between Cedar Creek Grade and Jubal Early Drive. Senior Planner Eddy advised that the CPPS was generally supportive ofthe UDA expansion request and they agreed to the revised transportation wording. It was noted that the applicant had requested "softer" language regarding Route 37. She concluded by saying that staff was seeking comments from the Board of Supervisors and if it was the Board's desire this item could be scheduled for public hearing. Evan Wyatt, Greenway Engineering, appeared before the Board on behalf ofthe applicant. He stated that the only concern raised during this process dealt with transportation. He advised that the applicant would like the opportunity for public private participation in the transportation plan and stated that the revised language makes a distinction about the proposed Route 37 interchange. Minute Book Number 30 Board of Supervisors Regular Meeting of OS/25105 5Ld Chairman Shickle advised the Board that staff had drafted a letter to Dr. Phillip C. Stone, Commonwealth Transportation Board, requesting a determination as to whether or not an access break along Route 37, at this location, is necessary. Administrator Riley stated that the County might have to look at a new transportation plan should construction of this vital component not bc possible. Supervisor Fisher stated that this was an issue and he agreed with the proposed letter. Administrator Riley then read the letter for the benefit of the applicant: Dear Dr. Stone: Frederick County is currently considering a comprehensive plan amendment that includes a new interchange improvement on Route 37. The interchange as proposed would provide direct access to Jubal Early Drive extended. Extensive discussions have occurred between the developer and both governing bodies of the city and county. The local metropolitan planning organization has the issue under consideration. Before this issue is finalizcd, we think it is appropriate to formally request the Commonwealth Transportation Board, through you, to determine if such an improvement to Route 37 would pass the Commonwealth Transportation Board's requirements for inclusion. With the Frederick County Board of Supervisors concurrence, I am officially requesting that the Commonwealth Transportation Board determine ifthis interchange as proposed would qualify for full or partial access. Virginia Departmcnt of Transportation's consideration on an expcdited basis would be appreciated. If you have any questions about this request, please contact John Riley, Frederick County Administrator. Sincerely, Richard C. Shickle Chairman, Board of Supervisors Mr. Wyatt agreed that this was something the County and the applicant needed to know and if it was not workable because of the Commonwealth Transportation Board, then it would be even more critical to get the UDA expansion approved in order to get the propose north/south road. Jerry Copp, VDOT Resident Engineer, agreed that Route 37 access was a critical piece to know. Upon a motion by Supervisor Fisher, seconded by Supervisor Ewing, the Board authorized the Chairman to sign and send the letter to Dr. Stone. 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 OS/25/05 5L~8 Gene E. Fisher Aye Gina A. Forrester Aye Lynda J. Tyler Aye Barbara E. Van Osten Aye Upon a motion by Supervisor Fisher, seconded by Supervisor Forrester, the Board tabled the West Jubal Early Land Use Plan until the July 13,2005 meeting. 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 DISCUSSION - TASKER WOODS LAND USE PLAN (TWLUP) - APPROVED ORIGINAL APPLICATION FOR PUBLIC HEARING: REFERRED ADDED PARCELS TO CPPS FOR FURTHER STUDY Senior Planner Susan Eddy appeared before the Board regarding this item. She advised that, on February 9, 2005, the Board directed the Planning Commission to study and return to the Board of Supervisors a land use plan and recommendation regarding the inclusion of 89 acres of land in the Tasker Woods area into the Urban Development Area. The Comprehensive Plans and Programs Subcommittee felt it would be appropriate to study the cntire area bounded by Tasker Road, Front Royal Pike, and the current UDA boundary, encompassing approximately 183 acres. The CPPS members were agreeable to the mix of uses proposed on the applicant's site. The members felt that commercial uses were appropriate on the other parcels in the study area as they were adjacent to commercialjindustrialland on Tasker Road; however, the committee could not agree on the land uses to the north along Route 522. The Planning Commission discussed this application and was divided over the undesignated properties. Some members believed land use designation was not needed at this time while others felt the plan should not go forward to the Board until recommendations were included. Senior Planner Eddy advised that if this plan was adopted then it would form an element of the Comprehensive Plan. Supervisor Forrester asked how many acres were left undesignated in this proposal. Senior Planner Eddy responded approximately 30 acres. Clay Athey appeared before the Board on behalf ofthe applicant. He stated that he agreed in principal with Mrs. Eddy's summary of how this application got here. He advised that the Minute Book Number 30 Board of Supervisors Regular Meeting of OS/25/05 5L~ 9 applicant had filed an application for 89 acres; however, the CPPS wanted to include more land in this plan. He went on to say that what the applicant wanted to do is consistent with the plan and the 89 acres are ready to go to public hearing. He concluded by saying that it might be best for the property owners of the other parcels to discuss the future land uses in those areas. Supervisor Fisher distributed a map outlining the original request in red. He stated that he believed the applicant had followed the process and therefore, moved that the Board send the original request for UDA expansion to the Planning Commission for public hearing and send the parcels added by the CPPS back to the Planning Commission and CPPS in order to allow those property owners to go through the entire plan development process. The motion was seconded by Supervisor Ewing. Supervisor Van Osten stated that she thought the Sewer and Water Service Area and Urban Development Area expansion were legitimate and she had trouble delaying the implementation of the land use plan for the area. She went on to say that she would like to move forward with the entire area from Route 277 north (the Route 277 Triangle). She asked Supervisor Fisher to take each action separately rather than include them in one motion. Supervisor Forrester echoed Supervisor Van Osten's concerns and stated that she would like to see the undesignated areas defined. After further discussion, Supervisor Fisher withdrew his original motion. Supervisor Fisher moved to send the Tasker Woods Urban Development Area expansion, as outlined in red on the map, to the Planning Commission for public hearing. The motion was seconded by Supervisor Ewing. Supervisor Van Osten stated that she was supportive of putting this request forward and supported the separation of the two issues. Supervisor Forrester expressed concern that transportation issues relative to this application might impact the development of the surrounding properties. The above motion was approved by the following recorded vote: Richard C. Shicklc Gary W. Dove Bill M. Ewing Gene E. Fisher Gina A. Forrester Lynda 1. Tyler Aye Aye Aye Aye Aye Aye Minute Book Number 30 Board of Supervisors Regular Meeting of OS/25/05 550 Barbara E. Van Osten Aye Supervisor Fisher moved that thc properties in the area of Route 522 to Tasker Road to White Oak Road to Macedonia Church Road be referred back to the CPPS for further study of the land use in that area. The motion was secondcd by Supervisor Ewing. Chairman Shickle clarified that the motion should be to recommend or not recommend these properties for inclusion in the UDA. Supcrvisor Fisher advised that some ofthese parcels might go into the SWSA also. He then restated his motion to refer the previously referenced properties back to the CPPS to look at land use and inclusion in thc UDA and SWSA. Supervisor Ewing seconded the restated motion. 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 Nay Lynda J. Tyler Nay Barbara E. Van Osten Aye Senior Planner Eddy asked for clarification as to what would be advertised for public hearing; the UDA expansion, the SWSA expansion, and/or the land use plan. Supervisor Fisher advised that all three issues relative to the original application were to be advertised for public hearing. DISCUSSION - ORDINANCE AMENDMENT - STREETS - INTER-PARCEL CONNECTORS - SENT FORWARD FOR PUBLIC HEARING. Zoning and Subdivision Administrator Mark Cheran appeared before the Board on behalf of this item. He stated that the Development Review and Regulations Subcommittee, at its April 28, 2005 meeting, discussed adding Inter-parcel connector streets to the Frederick County Zoning Ordinance. The proposed amendment would insure that inter-parcel connector streets are developed between adjoining parcels. The Planning Commission discussed this item and forwarded it to the Board for discussion. He concluded by saying that the Board could send this item forward for public hearing, if they felt it was appropriate. Upon a motion by Supervisor Forrcstcr, seconded by Supervisor Van Osten, the Board sent the proposed ordinance amendment regarding streets-inter-parcel connectors forward for public hearing. Minute Book Number 30 Board of Supervisors Regular Meeting of OS/25/05 551 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 BOARD LIAISON REPORTS Supervisor Van Osten reminded the Board that the follow up to the Preparedness Summit would be held on Friday morning at 9:00 a.m. Supervisor fisher advised that the Airport Authority had approved its future development plan and he would share it with the Board at a future meeting. CITIZENS 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. (10:33 P.M.) ~~ Richard C. Shickle Chairman, Board of Supervisors Minutes Prepared By: (Jw, c. '-1:M, Jay . T bs Deputy Clerk, Board of Supervisors Minute Book Number 30 Board of Supervisors Regular Meeting of OS/25/05