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HomeMy WebLinkAboutJune 22, 2005 Regular Meeting 557 A Regular Meeting of the Frederick County Board of Supervisors was held on Wednesday, June 22, 2005, at 5:30 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; Gene E. Fisher; and Barbara E. Van Osten. ABSENT Bill M. Ewing (arrived 5:43 p.m.); Gina A. Forrester (arrived 5:42); Lynda 1. Tyler (arrived 5:46 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 Van Osten, the Board convened in Closed Session pursuant to Code a/Virginia, 1950, as Amended, Section 2.2-3711 A (I) to discuss personnel 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 J. Tyler Barbara E. Van Osten Aye Aye Absent Aye Absent Absent Aye BOARD RECONVENED INTO REGULAR SESSION Upon a motion by Vice-Chairman Dove, seconded by Supervisor Van Osten, 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. Forrester Aye Lynda J. Tyler Aye Barbara E. Van Osten Aye Upon a motion by Vice-Chairman Dove, seconded by Supervisor Van Osten, the Board Minute Book Number 30 Board of Supervisors Regular Meeting of 06/22/05 558 certified that to the best of each board member's knowledge only Virginia Code Section 2.2-3711 A (1) personnel matters were discussed. The above motion was approved by the following recorded vote: Richard C. Shickle 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 CERTIFICATION OF THE COUNTY ADMINISTRATOR'S EVALUATION AND RENEWAL OF EMPLOYMENT CONTRACT - APPROVED Upon a motion by Vice-Chairman Dove, seconded by Supervisor Van Osten, the Board certified the evaluation of the County Administrator and renewed his employment contract for a period offour (4) years from January 1,2006 through January 1, 2010. 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 CALL TO ORDER Chairman Shickle called the regular meeting to order. INVOCATION Reverend Phillip Roby of the Amazing Grace Fellowship Church delivered the invocation. PLEDGE OF ALLEGIANCE Vice-Chairman Dove led the Pledge of Allegiance. ADOPTION OF AGENDA - APPROVED County Administrator John R. Riley, Jr. advised that he had no additions to the proposed agenda. Upon a motion by Supervisor Tyler, seconded by Supervisor Forrester, the Board approved the agenda as presented. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Miuute Book Number 30 Board of Supervisors Regular Meeting of 06/22/05 559 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 tabs for the Board's consideration under the Consent Agenda: Resolution Re: Request for Installation of "Watch for Children" Signs - Greenbrier Village - Tab D; Landfill Oversight Committee - Tab I; Public Works Committee and Parks & Recreation Commission Work Session of June 8, 2005 - Tab K Upon a motion by Supervisor Forrester, seconded by Supervisor Tyler, the Board approved the consent agenda as presented. 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 were no citizen comments. BOARD OF SUPERVISORS COMMENTS There were no Board of Supervisors comments. MINUTES-APPROVED The minutes from the May 25, 2005 Regular Meeting were presented. Upon a motion by Supervisor Tyler, seconded by Supervisor Forrester, the minutes 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 Minnte Book Number 30 Board of Supervisors Regular Meeting of 06122/05 56 The minutes from the May 26, 2005 worksession with the Conservation Easement Authority were presented. Upon a motion by Supervisor Forrester, seconded by Supervisor Fisher, the minutes 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 COUNTY OFFICIALS FIRST NIGHT WINCHESTER TO ADDRESS THE BOARD RE: RECOGNITION OF THE BOARD OF SUPERVISORS FOR THEIR SUPPORT Kathy N erangis and Felicia Hart presented the Board with a plaque recognizing their support for the First Night Winchester celebration. COMMITTEE APPOINTMENTS NOMINATION OFL. PAUL TEDERICK TO THE SHENANDOAH AREA AGENCY ON AGING TO FILL THE UNEXPIRED TERM OF NANCY HOLLIS - APPROVED Upon a motion by Supervisor Tyler, seconded by Supervisor Forrester, L. Paul Tederick was nominated to the Shenandoah Area Agency on Aging to fill the unexpired term of Nancy Hollis, said term to expire September 30, 2006. 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 APPOINTMENT OF LORENE CARTER TO SERVE AS GAINESBORO DISTRICT REPRESENTATIVE TO THE SOCIAL SERVICES BOARD - APPROVED Upon a motion by Vice-Chairman Dove, seconded by Supervisor Forrester, the Board appointed Lorene Carter to serve as Gainesboro District Representative to the Social Services Board. This is a four year appointment, said term to expire June 30, 2009. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Minute Book Number 30 Board of Supervisors Regular Meeting of 06122105 561 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 WHIT WAGNER TO THE BOARD OF BUILDING APPEALS-APPROVED Upon a motion by Supervisor Tyler, seconded by Vice-Chairman Dove, the Board reappointed Whit Wagner to the Board of Building Appeals. This is a five year appointment, said term to expire August 12,2010. 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 PLANNING DEPARTMENT REOUEST TO SCHEDULE A WORKSESSION TO REVIEW COMPREHENSIVE POLICY PLAN AMENDMENT (CPP A) REOUESTS The Board scheduled a joint work session with the Planning Commission and Comprehensive Plans and Programs Subcommittee to review the applications for the Comprehensive Policy Plan Amendments for Monday, July 11,2005 at 12:00 noon. RESOLUTION (#068-05) RE: REQUEST FOR INSTALLATION OF "W ATCHFOR CHILDREN" SIGNS - GREENBRIER VILLAGE. - APPROVED UNDER CONSENT AGENDA WHEREAS, the 1997 Session of the Virginia Assembly amended the Code of Virginia adding Section 33.1-210.2 relating to the installation and maintenance of "signs alerting motorists that children may be at play nearby"; and WHEREAS, this act provides for the adoption of a resolution by the governing body of any county requesting the Virginia Department of Transportation to install and maintain this type of sign; and WHEREAS, the source of funding for the installation of this sign shall come out of the secondary system construction allocation to the affected county. The costs of maintaining such sign shall be paid out of the secondary system maintenance allocation to the affected county; and WHEREAS, Raven Road (Route 1160), Bluebird Drive (Route 1071), and Nightingale Avenue (Route 1072), are located in a residential area and is within the secondary road system and is a viable candidate for "Watch for Children" signs; and BE IT THEREFORE RESOLVED, the Frederick County Board of Supervisors does hereby request that the Department of Transportation install "Watch for Children" signs specifically at Raven Road (Route 1160), from Aylor Road (Route 647) to Bluebird Drive (Route 1071); Minute Book Number 30 Board of Supervisors Regular Meeting of 06/22105 562 Bluebird Drive (Routc 1071) from Aylor Road (Route 647) to Nightingale Avenue (Route 1072); and Nightingale Avenue (Route 1072) from Raven Road (Route 1160) to the North Intersection of Bluebird Drive (Route 1071). The signs should be placed in accordance with the provisions of Section 33.1-210.2 of the Code of Virginia. BE IT FURTHER RESOLVED, that a certified copy ofthis resolution be forwarded to the Resident Engineer for the Virginia Department of Transportation. ADOPTED, this 220d day of Junc, 2005. This item was approved under the consent agenda. MEMORANDUM RE: STAFFING FOR ADEOUATE FIRE AND EMERGENCY RESPONSE (SAFER) GRANT. - GRANT APPLICATION APPROVED Administrator Riley advised that this was a request by the Department of Fire and Rescue for Board endorsement to apply for this grant. Thc application rcceivcd unanimous support from the Fire & Rescue Association at its June meeting. The seven relief positions to be funded under this grant would help reduce the overtime commitment by County career staff. Supervisor Forrester asked if a supplemental appropriation would need to be approved to fund these positions until the grant is received. Administrator Riley responded yes and that he would like to bring it to the Board at its July meeting. Fire and Rescue Director Gary DuBrueler informed the Board that this application would fund seven (7) relief positions, one (I) Fire Marshal, and one (1) Volunteer Coordinator. Chairman Shickle asked if the numbers for the relief positions agreed with the Finance Director's calculations. Administrator Riley responded yes. Director DuBrueler advised that he did not havc a firm date from the Federal Govcrnment as to when the monies would be received. He went on to say that as of two days ago only 400 departments had applied for these monies. Supervisor Ewing asked, ifthe request was approved, was the Board approving the positions as classified. He went on to say that he would like to see the Board discuss the classifications later because he had a problem with the proposed Fire Marshal position. Supervisor Forrester asked ifthe match from the State of Virginia was guaranteed if the grant was received. Director DuBrueler responded that the match was for the first year only and the County Minute Book Number 30 Board of Supervisors Regular Meeting of 06122/05 563 would have to apply for it. He went on to say that the personnel portion of the grant was for a five year cycle, but the recruitment portion was a four year cycle. Supervisor Ewing moved to approve the grant application with the understanding that the positions would not be classified until a later date. The motion died due to the lack of a second. Upon a motion by Supervisor Tyler, seconded by Supervisor Forrester, the Board approved the SAFER Grant Application to fund the following positions: seven (7) firefighter, one (1) fire marshal, and one (1) volunteer coordinator. Vice-Chairman Dove stated that he supported the application based on the recommendation from the Fire & Rescue Association. Supervisor Ewing advised that he supported the grant, but not the position classification. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Gary W. Dove Aye Bill M. Ewing Nay Gene E. Fisher Aye Gina A. Forrester Aye Lynda J. Tyler Aye Barbara E. Van Osten Aye REQUEST FROM FREDERICK COUNTY SCHOOLS RE: REOUEST FOR SUPPLEMENTAL APPROPRIATION FOR REPLACEMENT OF THE ROOF FOR MIDDLETOWN ELEMENTARY SCHOOL. - APPROVED Administrator Riley advised that this was a request from Frederick County Schools for a supplemental appropriation in the amount of$150,000 in the school capital project fund in FY 2006 to handle flow-through funds for the replacement of the roof at Middletown Elementary School. Chairman Shickle asked if this amount was in addition to the $400,000 estimated for this project. School Board Chairman Lawrence VanHoose responded yes. He stated that in addition to the $400,000 there was a $30,000 settlement from the first contractor, and the $150,000 request before the Board. Chairman Shickle stated that the total amount for the project would be $580,000. Upon a motion by Supervisor Ewing, seconded by Supervisor Van Osten, the Board approved the request [rom Frederick County Schools in the amount of$150,000 for the replacement Minute Book Number 30 Board of Supervisors Regular Meeting of 06/22/05 564 of the roof at Middletown Elementary School. 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 REQUEST FROM FREDERICK COUNTY SCHOOLS RE: REQUEST FOR SUPPLEMENTAL APPROPRIATION FOR 11TH ELEMENTARY SCHOOL PROJECT. - APPROVED School Board Chairman Lawrence VanHoose advised that this was a request from Frederick County Schools for a supplemental appropriation in the amount of $2,939,000 for the 11th elementary school project. He stated that this appropriation would bring the total project cost from $12,900,000 to $15,839,000. The following adjustments were made to the contract: a reduction of the base-bid building plan of approximately 4,500 square feet. the inclusion of alternate I for additional space for parks and recreation department. alternate II for additional parking. alternate IV for flooring. Upon a motion by Supervisor Forrester, seconded by Supervisor Van Osten, the Board approved the Supplemental Appropriation request in the amount of $2,939,000 for the 11th elementary school project. The above request 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 MEMORANDUM FROM THE ASSISTANT COUNTY ADMINISTRATOR RE: CONSERV ATlON EASEMENT COMMITTEE UPDATE Administrator Riley advised that the Conservation Easement Committee has reviewed changes and comments submitted by Attorney Robert Mitchell. The Committee authorized staffto incorporate the recommended changes into the document. The most significant change was Mr. Mitchell's recommendation that the program be overseen by an Authority rather than a Committee. Minute Book Number 30 Board of Supervisors Regular Meeting of 06/22/05 565 To enact this provision, the Board will be required to adopt two separate ordinances, one creating the Authority and the second establishing the easement program. The Committee unanimously recommended that the Board set up this program to be oversecn by an Authority. The Committee hopes to have revised documents to the Board for consideration at its July mceting. COMMITTEE REPORTS LANDFILL OVERSIGHT COMMITTEE REPORT - APPROVED UNDER CONSENT AGENDA The Landfill Oversight Committee met on Thursday, May 26, 2005 at 8:00 a.m. All committee members were present except Gary Lofton, Tim Coyne, and Stuart Masters. The following issues were discussed: 1 Proiect Update - Citizens' Convenience Area: The grading design for the new citizens' convenience area has been completed and should be advertised for construction on or about June 8, 2005. Depending on the bid results, the staff anticipates a completion date on or before May 1,2006, for the rough grading and construction of the access roads. The design of the actual site including retaining walls, buildings, and pavement is currently being performed with a construction contract award after January 1,2006. - Haul Road: The construction of the new haul road between the landfill and the former Riley property across the Opequon Creek will be packaged with the citizens' convenience area documents. The actual creek crossing must be completed between July 1, and September 1, 2005, because of limitations imposed by the Dcpartment of Conservation and Recreation in the stream crossing permit. The haul road will be completed on or before May 1, 2006. - Wastewater Treatment Upgrades: Our wastewater design engineer, Patton, Harris, Rust, and Associates, has been tasked with designing an upgrade to our current wastewater treatment facility. This design will augment our existing facility and allow us to meet more stringent standards related to ammonia and total nitrogen levels. Staff anticipates completion of the design on or before September 1, 2005, and construction completion on or before October 31, 2006. 2. A closed session was convened under Virginia Code S 2.2-3711 (A) 30 to discuss a future solid waste disposal contract. PUBLIC WORKS COMMITTEE REPORT - APPROVED The Public Works Committee met on Tuesday, May 31, 2005, at 8:00 a.m. All members were present except Lynda Tyler, Stan Crockett, and Jim Wilson. The following items were discussed: ***ltems Requiring Action*** 1. Review Methods of Disposinl! of ShawneeLand Sanitary District (SSD) Surolus Property The results of an RFP to dispose of surplus lots in ShawneeLand were presented by Mr. Dave Burleson, project manager. Mr. Burleson indicated that only two (2) proposals were received to sell the surplus lots. These two (2) proposals included a local real estate company and a real estate Minute Book Number 30 Board of Supervisors Regular Meeting of 06/22/05 566 auction service. After discussing each option in detail, the committee unanimously endorsed the auction option. A contract to procure these services will be reviewed by legal counsel before proceeding with the auction which should be completed within 90 days. Public Works Director Ed Strawsnyder advised that this was a request for the Board to approve the auction option for the sale of ShawneeLand lots. He advised that a contract for auction services was being reviewed by legal counsel. James King, Auction Service Group, discussed the advantages of the auction versus utilizing a real estate company. He statcd that all ofthe properties would be sold in one day. His firm would do all of the marketing for the entire site and would pay all of the advertising costs, etc. Vice-Chairman Dove stated that the biggest advantage was quickness ofthe auction option. Supervisor Van Osten reviewed some points expressed by ShawneeLand manager David Burleson regarding the auction option: - It would be in a closed setting. - The price on all ofthe lots would be frozen until the end of the day, which would allow people to bid on individual lots. - If the successful bid on all of the lots exceeds the amount the Sanitary District would receive from the individual sales, then this bid would be used to establish a base price for the individual lots from which property owners would begin bidding. Supervisor Tyler moved that the Board pursue the auction of the ShawneeLand surplus property. The motion was seconded by Vice-Chairman Dove. Supervisor Van Osten asked if there would be an opportunity for more Board input on the mechanics of this sale after tonight. Director Strawsnyder responded that staff could bring this item back to the Board after counsel has reviewed the agreement. Supervisor Fisher asked how the auction firm was selected. Director Strawsnyder responded that staff advertised a request for proposals. Supervisor Van Osten moved to amend the original motion to request the bid process to come back to the Board once legal counsel has reviewed the contract. The motion was seconded by Supervisor Forrester. 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 06/22/05 567 Gene E. Fisher Aye Gina A. Forrester Aye Lynda 1. Tyler Aye Barbara E. Van Osten Aye The amended motion to pursue the auction of the ShawneeLand surplus property with the bid process to come back to the Board once legal counsel has reviewed the contract was approved by the following recorded vote: Richard C. Shickle Nay 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. Project Estimates for the New Animal Shelter The committee reviewed a cost estimate prepared for the new animal shelter. Following the meeting, each member present was polled with a resulting unanimous endorsement fo the estimated project cost of $3,660,000. (Attachment 1) Upon a motion by Supervisor Tyler, seconded by Supervisor Van Osten the Board authorized the bidding of the new animal shelter project. The abovc 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 **Items Not Requiring Action** 1. Closed Session A closed session was convened under Virginia Code S 2.2-3711 (A) 30 to review proposals submitted under the PPEA format for the proposed Aquatics Center. After reconvening from the closed session, a motion was made by Whit Wagner and seconded by George Ludwig to schedule a joint work session between the Public Works Committee and the Parks and Recreation Commission to review the proposals submitted by The Shockey Companics and Lantz Construction Company of Winchester, Inc. This work session will include additional presentations from the respective respondents. 2. Selection of New ShawneeLand Sanitarv District Advisorv Committee An ad hoc committee was established to select a new SSD advisory committee which will follow the recently revised SSD guidelines approved by the Board of Supervisors. The ad hoc committee will be composed of the following personnel: Barbara Van Osten, George Ludwig, Bob Hartman, George Higgenbotham, and Dave Burleson. Mr. Ludwig will chair the ad hoc committee. Selected members will be submitted to the Board of Supervisors for their approval. Minute Book Number 30 Board of Supervisors Regular Meeting of 06/22/05 56 3. Joint Ouarterly Buildinl:s and Grounds/Public Works Meetinl: Dates The committee reviewed and endorsed four (4) tentative dates to convene joint meetings between the school board's Buildings and Grounds and Public Works Committees. This endorsement is based on the assumption that there will be a project or topic to review and discuss. A joint meeting will not be necessary if there are no projects to discuss. (Attachment 2) 4. Miscellaneous Reports a. Tonnage Report Landfill (Attachment 3) b. Recycling Report (Attachment 4) c. Animal Shelter Dog Report (Attachment 5) d. Animal Shelter Cat Report (Attachment 6) PUBLIC WORKS COMMITTEE AND PARKS AND RECREATION COMMISSION WORKSESSION OF JUNE 8. 2005. - APPROVED UNDER CONSENT AGENDA A joint worksession was held between the Public Works Committee and the Parks and Recreation Commission on Wednesday, June 8,2005, at 8 a.m. to discuss the PPEA proposal for the new Aquatics Center. The meeting was held in the Board Room on the ground floor of the County Administration Building at 107 North Kent Street. The meeting was conducted as a closed session under Virginia Code S2.2-3711 (A) 30 - "...and discussion of the terms or scope of such contract, where discussion in an open session would adversely affect the bargaining position or negotiating strategy ofthe public body." Presentations were made by The Shockey Companies and Lantz Construction Company of Winchester, Inc. All members ofthe Public Works Committee were present. After reconvening from the closed session, a motion was made by Whit Wagner and seconded by Bob Wells to have the two (2) respondents assimilate the information from the discussions and present revised proposals in approximately two (2) weeks. The motion was unanimously approved. Parks and Recreation staff will contact representatives from Lantz Construction Company of Winchester, Inc. and The Shockey Companies to inform them of the presentation date and to limit the number of presenters to a maximum of three (3) personnel. PERSONNEL COMMITTEE REPORT - APPROVED The Personnel Committee met on Wednesday, June 1,2005 with the following members present: Gina A. Forrester, Verne Collins, Phil Farley, and John R. Riley, Jr. Barbara Van Osten was absent. The following request is recommended for approval: 1. Request from the County Administrator to RecIassifv Deputy Clerk to Deputy Countv Administrator - Approved A reclassification to reflect the increased duties and responsibilities. Job description with duties attached. The salary is Pay Grade 25, Step 2 or $48,850. No additional local funding is required. (See attachment A.) Upon a motion by Supervisor Forrester, seconded by Supervisor Van Osten, the Board approved the above request by the following recorded vote: Richard C. Shickle Gary W. Dove Aye Aye Minute Book Number 30 Board of Supervisors Regular Meeting of 06/22/05 569 Bill M. Ewing Aye Gene E. Fisher Aye Gina A. Forrester Aye Lynda J. Tyler Aye Barbara E. Van Osten Aye FINANCE COMMITTEE REPORT - APPROVED The Finance Committee met in the Board of Supervisors Executive Session Room on Monday, June 13, 2005 at 8:00 a.m. Items 1 and 4 were approved under consent agenda. Committee member Gina Forrester was absent. Upon a motion by Supervisor Ewing, seconded by Supervisor Forrester, the Board approved the consent agenda 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 1. The Clerk of the Circuit Court requests an FY 2006 General Fund supplemental appropriation in the amount of $32,600. This amount represents funds that will be reimbursed by the state. No additional local funds are needed. See attached memo, p. 1-2. The committee recommends approval. - Approved Under Consent Agenda. 2. The Frederick County Electoral Board/V oter Registrar requests an FY 2006 General Fund supplemental appropriation in the amount of $20.545. This amount is needed for dual Democratic and Republican primaries. Additional local funds are necessary. See attached memo, p. 3-4. The committee recommends approval. Committee member Gary Lofton abstained from voting on this item. - Approved. Upon a motion by Supervisor Ewing, seconded by Supervisor Forrester, the above request 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 3. The Commissioner ofthe Revenue requests a General Fund budget transfer in the amount of $2,700. This amount is needed to cover postage and telephone line items. This amount will be transferred from the operational contingency line item. See attached memo, p. 5. The committee recommends approval. - Approved. Upon a motion by Supervisor Ewing, seconded by Supervisor Forrester, the above request was approved by the following recorded vote: Richard C. Shickle Gary W. Dove Aye Aye Miuute Book Number 30 Board of Supervisors Regular Meeting of 06/22105 57- Bill M. Ewing Aye Gene E. Fisher Aye Gina A. Forrester Aye Lynda 1. Tyler Aye Barbara E. Van Osten Aye 4. The Sheriff requests an FY 2005 General Fund supplemental appropriation in the amount of$I.505. This amount represents donations from the sale of DARE t-shirts to elementary schools. No additional local funds are needed. See attached memo, p. 6-7. The committee recommends approval. - Approved Under Consent Agenda. 5. The Sheriff requests a General Fund budget transfer in the amount of $4.500. This amount is needed to cover vehicle maintenance and repairs for the remainder ofthe fiscal year. No additional local funds are needed. See attached memo, p. 8. The committee recommends approval. - Approved. Upon a motion by Supervisor Ewing, seconded by Supervisor Forrester, the above request was approved by the following recorded vote: Richard C. Shickle Aye Gary W. Dove Aye Bill M. Ewing Ayc Gene E. Fisher Aye Gina A. Forrestcr Aye Lynda J. Tyler Aye Barbara E. Van Osten Aye 6. The Director of Public Works requests to replace current cellularohones/pagers with new cellular phones. 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 above request 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 7. The Director of Public Works requests an FY 2006 General Fund supplemental appropriation in the amount of $202.520. This amount represents costs in the Inspections Department associated with increased workloads. Revenue associated with this department will be increased by a like amount. See attached memo, p. 10. The committee recommends approval. - Approved. Upon a motion by Supervisor Ewing, seconded by Supervisor Forrester, the above request was approved by the following recorded vote: Richard C. Shickle Gary W. Dove Bill M. Ewing Gene E. Fisher Aye Aye Aye Aye Minute Book Number 30 Board of Supervisors Regular Meeting of 06/22/05 571 Gina A. Forrester Aye Lynda J. Tyler Aye Barbara E. Van Osten Aye 8. The Assistant County Administrator requests an FY 2005 General Fund budget transfer and an FY 2006 carry-forward in the amount of $160.000. This amount is needed to purchase a replacement cooling tower for the four-story portion of the County Administration Building. No additional local funds are necessary. See attached memo, p. 11. The committee recommends approval. - Approved. Upon a motion by Supervisor Ewing, seconded by Supervisor Forrester, the above request 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 9. The Committee is requested to review the Audit Committee Charter and forward a recommendation to the Board of Supervisors. See attached, p. 12-13. The Finance Committee recommends that the Audit Charter be approved by the Board of Supervisors and also approved Robinson, Farmer, Cox Associates as the county's independent auditor. - Approved. Upon a motion by Supervisor Ewing, seconded by Supervisor Forrester, the above request 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 ***For Information OnIy*** 1. Attached is a response from the Fire and Rescue Company auditor regarding the audit status worksheet. See attached, p. 14. 2. Attached is a card of appreciation for Frederick County's support from the Youth Development Center. See attached, p. 15. 3. The Finance Director provided a report on fund balance. See attached, p. 16. PLANNING ITEMS WAIVER AND SUBDIVISION REQUEST OF CLIFTON AND BUNNY LEWIS - APPROVED Zoning and Subdivision Administrator Mark cheran appeared before the Board on behalf ofthis item. He advised that the property is located on the east side of Stanley Drive, in the Shawnee Minute Book Number 30 Board of Supervisors Regular Meetiug of 06/22/05 572 Magisterial District. The property is zoned RP (residential performance) district and is located in the Urban Developmcnt Area and the Sewer and Water Service Area. He went on to say that the Frederick County Zoning Ordinance requires that subdivisions which result in lots less than 15,000 square feet must provide: curb and gutter, sidewalks, streetlights, and open space. The applicant has sought an exception from these requirements and is seeking the following waivers: An exception from the: curb and gutter requircments (Section 144-17L); sidewalks (Section 144-18(1 )); and streetlights (Section 144-19). The Planning Commission reviewed the request and recommended approval. He concluded by advising that the applicant, Mr. Gary Oates, was present to answer any questions. Upon a motion by Supervisor Fisher, seconded by Supervisor Tyler, the Board approved the waiver request and granted staff authority for administrative approval. 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 REOUEST FOR ENDORSEMENT OF LIMITED ACCESS LINE BREAK FOR KERNSTOWN COMMONS - (RESOLUTION #067-05). - APPROVED Planner 11 Candice Perkins appeared before the Board regarding this item. She advised that this was a request for endorsement of a limited access line break for the Kemstown Commons project. The property is located at the southeast comer of the intersection of Route 11 and Route 37. This request is for the northern full commercial entrance, which will be signalized and align with the off ramp of Route 37. This request is the first step for the applicant to begin the process for review by the Commonwealth Transportation Board. The Planning Commission recommended endorsement of the limited access break. VDOT Resident Engineer Jerry Copp advised that in order to get this break the County must endorse this request. He went on to say that VDOT would do the impact analysis and send the information to the Commonwealth Transportation Board. Supervisor Fisher asked if the County endorses this request, but the Commonwealth Transportation Board has concern then it would be denied. Minute Book Number 30 Board of Supervisors Regular Meeting of 06/22/05 573 Engineer Copp responded yes. Chairman Shickle asked ifVDOT would consider the access break only or other items as well. Engineer Copp responded that VDOT would look at other items also. Upon a motion by Supervisor Fisher, seconded by Supervisor Forrester, the Board approved the endorsement of the limited access break for Kernstown Commons. WHEREAS, Orange Partners, LLC, the property owner of a 31.5 acre B-2 (Business General) zoned property, identified by Property Identification Number 75-A-l 0, located on the east side of US Route 11 (Valley Pike), south and adjacent to VA Route 37, and west and adjacent to Interstate 81 Exit 310, is seeking a limited access line break from the Commonwealth Transportation Board to facilitate improved vehicular access to the property from Route II; and WHEREAS, the property owner has agreed to restrict development within thc designated 'limits-of-use' area, reserving such area for future right-of-way nccessary to accommodate an improved 1-81 and Route 37 interchange. As such, the development within this 'limits-of-use' area could include non-ordinance required parking and accessory uses; and WHEREAS, the property owner has agreed that the potential relocation of any parking or accessory uses constructed within this future right-of-way will not be the County nor the State's financial responsibility; and WHEREAS, the property owner intends to develop the 31.5 acres subject site for commercial uses, business and service opportunities that will enhance the community's quality of life and tax base. NOW, THEREFORE, BE IT ORDAINED by the Frederick County Board of Supervisors that the property owner's request for Endorsement of Limited Access Line Break is hereby supported. This resolution of support shall be in effect on the day of adoption. 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 PUBLIC HEARING PUBLIC HEARING - OUTDOOR FESTIVAL PERMIT REOUEST OF BELLE GROVE PLANTATION -BLUEGRASS LIVE: ICE CREAM SOCIAL AND BLUEGRASS FESTIVAL. PURSUANT TO THE FREDERICK COUNTY CODE. CHAPTER 86. FESTIV ALS~ SECTION 86-3 C. PERMIT REOUlRED~ APPLICATION: ISSUANCE OR DENIAL: FOR AN OUTDOOR FESTIVAL PERMIT. FESTIVAL TO BE HELD ON FRIDAY. JULY 15. 2005. FROM 7:00 P.M. TO 9:00 P.M.. AND ON SATURDAY. JULY 16. 2005. FROM 11:00 A.M. TO 4:00 P.M.. ON THE GROUNDS OF BELLE GROVE PLANT ATION. 336 BELLE GROVE ROAD. MIDDLETOWN. VIRGINIA. PROPERTY OWNED BY THE NATIONAL Minute Book Number 30 Board of Supervisors Regular Meeting of 06/22105 574 TRUST FOR HISTORIC PRESERVATION. - APPROVED Administrator Riley reviewed the application for this event, which will be held Friday, July 15dI and Saturday, July 16th at Belle Grove Plantation. The property is owned by the National Trust. Elizabeth McClung, Executive Director, advised that this was a fund raiser for the property. Chairman Shickle convened the public hearing. There were no public comments. Chairman Shickle closed the public hearing. Upon a motion by Supervisor Van Osten, seconded by Supervisor Ewing, the Board approved the Outdoor Festival Permit request of Belle Grove Plantation Bluegrass Live: Ice Cream Social and Bluegrass Festival. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Gary W. Dove Aye Bill M. Ewing Aye Gene E. Fishcr Aye Gina A. Forrester Aye Lynda J. Tyler Aye Barbara E. Van Osten Aye PLANNING COMMISSION BUSINESS PUBLIC HEARINGS PUBLIC HEARING - REZONING #07-05 FOR MANNING PROPERTY TO REZONE 9.442 ACRES FROM M2 (GENERAL INDUSTRIAL) DISTRICT TO B3 (INDUSTRIAL TRANSITION BUSINESS) AND IA (INTERSTATE OVERLAY) DISTRICT AND 2.736 ACRES FROM RA (RURAL AREAS) DISTRICT TO B3 (INDUSTRIAL TRANSITION BUSINESS) AND IA (INTERSTATE OVERLAY) DISTRICT. THESE PROPERTIES ARE LOCATED APPROXIMATELY 350 FEET SOUTH OF THE INTERSECTION OF REST CHURCH ROAD (ROUTE 669) AND MARTINSBURG PIKE (ROUTE 11). BETWEEN MARTINSBURG PIKE (ROUTE 11) AND 1-81. AND CONTINUING SOUTH TO DUNCAN RUN. SOUTH OF WHITEHALL EXIT (EXIT 323). AND ARE IDENTIFIED BY PROPERTY IDENTIFICATION NUMBERS (PINs) 33A-A-12. 33A-A-13. 33A-A-14. 33A-A-15. AND 33A-A-15A IN THE STONEWALL MAGISTERIAL DISTRICT. - DENIED Deputy Planning Director Mike Ruddy appeared before the Board regarding this application. He advised that this property was part of the Northeast Land Use Plan. The applicant proposes a rezoning of 9.442 acres from M2 (General Industrial) District to B3 (Industrial Transition) District and IA (Interstate Overlay) District and 2.736 acrcs from RA (Rural Areas) Districtto B3 (Industrial Transition) District and IA (Interstate Overlay) District with proffers. The total acreage to be rezoned B3 and IA is 12.178 acres. The property is located in the Stonewall Magisterial District. Minute Book Number 30 Board of Supervisors Regular Meeting of 06/22/05 575 The request for Interstate Overlay designation will allow signage similar to that of the existing Flying J. The proposed rezoning would require improvements to new and existing roads, with Route 11 improvements being part of the Comprehensive Plan. According to traffic impact analysis studies, this development would generate approximately 4,800 trips per day. The projections at build out are acceptable and manageable at a service level C. Deputy Director Ruddy noted that transportation elements of the Comprehensive Plan should be addressed in this application. He then reviewed the proposed proffers: A monetary contribution in the amount of $1 0,000 to Parks & Recreation. An architectural site plan that depicts the general layout of the site, although additional clarity could be provided. A full right turn lane along the frontage of the property. Electric stations for the 31 truck parking spaces and oil and water separators to address environmental impacts ofthis project. The Planning Commission held a public hearing at its June 1, 200S meeting with approximately 29 people speaking in opposition to this project and 2 people speaking in favor. The Planning Commission, by majority vote, recommended denial of this application. Since the Planning Commission meeting, the applicant has submitted updated proffers with the most significant change addressing the average daily truck trips along the adjacent portion of Route 11. Mark Stivers, Attorney for the applicant, appeared before the Board regarding this application. He presented a copy ofthe revised proffer statement for the record. He stated that Mr. Manning wanted to be a good business partner to Frederick County. Mr. Stivers advised that this area was focused on as part ofthe Northeast Land Use Plan. This application seeks to do away with the M2 zoning, which is the most intense industrial district in the ordinance. Mr. Stivers stated that he agreed with the Board six years ago as he too thought this proposal to be premature at that time. Now, however, the bridge and water and sewer service are in place. He advised that approximately 30% of the site is set aside as green space, the size of the facility has been reduced, and electrification has been provided so the trucks will not have to run constantly. He went on to say that the residents' concern of increased truck traffic was not addressed at the Planning Commission. The applicant has proposed a proffer that would result in no new trucks being anticipated in the area as a result of his business. An agreement was exeeuted between the Mannings and the Sempeles to Minute Book Number 30 Board of Supervisors Regular Meetiug of 06/22/05 576 reduce and cap the number of truck trips at build out of the respective projects. Mr. Stivers stated that this was an enforceable proposal and traffic impact analyses would be taken to see that the agreement was not being violated and at the end often days, if violations continue, Mr. Manning would shut down his business. Mr. Stivers then reviewed uses permitted under the current M2 zoning and stated that when this proposal is considered versus what is currently allowed on this property, it is unreasonable to deny this project. Mr. Stivers reviewed the positive economic impacts to the County. He went on to say that he believed the northbound traffic would benefit and this use would reduce congestion on the existing bridge. He concluded by requesting that the Board vote yes on this proposal. Chairman Shickle convened the public hearing. Ed Butler, Stonewall District and member of Clearbrook Citizens for Safety, stated that there were still safety issues relative to this project. He stated that the existing roads, lanes, and bridges would need to be improved. There are also air pollution problems and he could not see this project working in that location. He concluded by saying that he hoped the Board says no. David Ogle, Opequon District and truck driver, stated that the Flying J is the most congested truck stop that he has seen and he believes this project will relieve that congestion. Tim Johnson, Stonewall District, presented a petition with 168 signatures opposing this project. He advised that two unresolved issues were possible well contamination and poor air quality. He concluded by showing pictures of the two affected intersections. Phil Roby, Stonewall District, stated that he was not sure how the oil/water separator would handle cloud bursts. He also knows first hand about the traffic problems at the Flying J. He concluded by requesting that the Board limit the amount of fuel bays to reduce truck traffic. Randall Frazier, Stonewall District, stated that traffic in that area was a mess. He also had concerns about residents living in front of a truck stop because of the light and noise pollution. He concluded by asking the Board to consider the citizens. George Sempeles, Stonewall District, stated that the Comprehensive Plan calls for industrial and business uses from Clearbrook to the state line and ifthe Board denied this rezoning then they were saying that the Comprehensive Plan was no good. He went on to say that this rezoning could not be painted with the same brush as the Flying J. He concluded by saying that another truck stop Minute Book Number 30 Board of Supervisors Regular Meeting of 06/22/05 57! would be a benefit to the County and he was in favor of this proposal. John Light, Stonewall District, spoke in opposition to this proposal. He stated that he felt he made a mistake in the denial of the B2 rezoning. He advised the Board to approve the requested B2 zoning, but revise the proffer eliminate a truck stop use on the property. Cathy Whitten, Stonewall District, spoke in opposition to the proposed rezoning. She stated that ifthc Board passes the rezoning she is concerned about trucks leaving the proposed truck stop and traveling down Route 321. Mr. Stivers noted that the photographs of traffic congestion viewed by the Board were the result of an accident in the area and not a result of a business. Supervisor Tyler asked about the enforceability ofthe revised proffer concerning truck trips per day. Deputy Director Ruddy stated there would be great emphasis on staffs involvement in monitoring the traffic. Supervisor Tyler stated that she was concerned about enforceability of the proffer and the drain this would put on staff. She asked about the difference between convenience store and service station. Deputy Director Ruddy responded that VDOT and the applicant have worked together to see what the impact would be. Fast food was added to the convenience use in order to plan for a worst case scenano. Supervisor Tyler asked ifthe site plan developed by the applicant was for an 8,400 square foot building. Deputy Director Ruddy responded correct. Deputy Director Ruddy reviewed the proffered road improvements for this rezoning. He advised that there was inconsistency in the lane geometry and what is being proffered. John Cardlow, Patton, Harris, Rust, & Associates, advised that he showed all turn lanes with the exception ofthe second left turn lane. The traffic impact analysis represents a service level C. T. Pat Manning, applicant, stated that he would know how many transactions his business was doing and he told staff that they might want to monitor the truck traffic relative to the revised Minute Book Number 30 Board of Supervisors Regular Meeting of 06/22/05 , 578 proffer. He went on to say that a monitor would not be there all of the time, but he could put trip counters down to ensure compliance. He concluded by saying that the proffer that he set forth is "draconian". Supervisor Van Osten asked about the impact analysis of sewage treatment. Deputy Director Ruddy responded that the Frederick County Sanitation Authority project has been on the books for some time. He stated that a cap would be placed on the sewer, but this proposal has been accommodated in this cap. Supervisor Fisher asked Attorney Ambrogi about the enforceability of the revised proffer. Attorney Ambrogi expressed some concern as he had not seen anything like this. He stated that the parties (Manning/Sempeles) do have an agreement, but Sempeles would not be bound by the proffer. Chairman Shickle asked if the Board had Attorney Bob Mitchell review this proposed proffer. Administrator Riley responded no. Chairman Shickle asked "should we",? Administrator Riley responded that staff could have it reviewed, but he did not think there would be a disagreement on enforceability. Deputy Director Ruddy advised that Mr. Mitchell's comments were addressed in the June 15,2005 revised proffer statement. Upon a motion by Supervisor Tyler, seconded by Supervisor Forrester, the Board denied rezoning #07-05. Supervisor Tyler stated that the primary goal of the Comprehensive Plan is to protect and improve life in Frederick County. Supervisor Ewing stated that he thought this was a good project and good tax base, but was concerned about the amount of traffic. Supervisor Van Osten echoed Supervisor Ewing's comments. There being no further comments, the Board denied rezoning #07-05 by the following recorded vote: Richard C. Shickle Gary W. Dove Aye Aye Minute Book Number 30 Board of Supervisors Regular Meeting of 06/22/05 579 Bill M. Ewing Aye Gene E. Fisher Aye Gina A. Forrester Aye Lynda 1. Tyler Aye Barbara E. Van Osten Aye PUBLIC HEARING - REZONING #06-05 OF FREDERICK BLOCK COMPANY TO REVISE PROFFERS A TT ACHED TO REZONING #01-03 OF FREDERICK BLOCK COMPANY CONCERNING THE REZONING OF 2.63 ACRES TO B2 (GENERAL BUSINESS) DISTRICT AND 2.01 ACRES TO B3 (INDUSTRIAL TRANSITION BUSINESS) DISTRICT. THE PROPERTY IS LOCATED ON THE EASTERN SIDE ALONG MARTINSBURG PIKE (ROUTE 11). APPROXIMATELY 3.400 FEET NORTH OF THE INTERSECTION OF ROUTE 11 AND LEE AVENUE. AND IS IDENTIFIED BY PROPERTY IDENTIFICATION NUMBER (PIN) 54A-I-15B IN THE STONEWALL MAGISTERIAL DISTRICT. - APPROVED Planner II Candice Perkins appeared before the Board on behalf ofthis item. She advised that this was a request to revise the original proffers for Rezoning #01-03. The property is located in the Stonewall District. The applicant has revised proffer #5 to read: "The applicant hereby proffers to construct rounded decorative walls at the new commercial entrances also located on Martinsburg Pike." The applicant in proffer #8 further proffers to provide for a single row of evergreen tree plantings in that area a minimum offour (4) feet in height when planted and spaced a maximum of ten (10) feet on center". Steve Slaughter, applicant, was present to answer any questions. Chairman Shickle convcncd thc 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 Rezoning #06-05. WHEREAS, Rezoning #06-05 of Frederick Block Company, was submitted to revise proffers attached to Rezoning #0 1-03. This revision relates to design and landscaping aspects of the property. This property is located on the eastern side of Martinsburg Pike (Route 11), approximately 3,400 feet north of the intersection of Route 11 and Lee Avenue, in the Stonewall Magisterial District, and is identified by Property Identification Number (PIN) 54A-I-15B. WHEREAS, the Planning Commission held a public hearing on this rezoning on May 18, 2005; and WHEREAS, the Board of Supervisors held a public hearing on this rezoning on June 22, 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. Minute Book Number 30 Board of Supervisors Regular Meeting of 06/22/05 ~.. . J8 NOW, THEREFORE, BE IT ORDAINED by the Frederick County Board of Supervisors that the proffer revision relating to design and landscaping aspects of the property attached to Rezoning #01-03, as described by the Proffer Statement submitted by the applicant and the property owner, is approved. This ordinance shall be in effect on the date of adoption. 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 HEARING - SUPPLEMENTAL REQUEST FOR REVENUE SHARING FUNDS. FISCAL YEAR 2005-2006. THE REVENUE SHARING PROGRAM ALLOWS VIRGINIA DEPARTMENT OF TRANSPORTATION (VDOT) TO PROVIDE STATE FUNDS TO MATCH LOCAL FUNDS ON A DOLLAR-FOR- DOLLAR BASIS FOR THE CONSTRUCTION. MAINTENANCE. OR IMPROVEMENT OF PRIMARY AND SECONDARY HIGHWAYS. VDOT REPRESENTATIVES AND STAFF HAVE WORKED TOGETHER TO IDENTIFY THE FOLLOWING TRANSPORTATION PROJECT AS A POTENTIAL REVENUE SHARING PROJECT FOR THIS COMING FISCAL YEAR: THE RE-ALIGNMENT OF PAPERMILL ROAD. AND RELOCATION OF ITS INTERSECTION WITH FRONT ROYAL PIKE (ROUTE 522S) TO A POINT SOUTH OF ITS CURRENT LOCATION. (RESOLUTION #069-05) - APPROVED Planning Director Eric Lawrence advised the staffhad submitted a request for $500,000 for Inverlee Way and they are now seeking an additional $500,000 for the relocation ofPapermill Road, with the idea being to go through the process and keep the property owner informed. Chairman Shickle asked if the property owner had been notified about this application. Director Lawrence responded that staff would initiate contact with the owner to see if they are comfortable with this proposal. Administrator Riley advised that the County should probably initiate contact with the owner to make them aware that this is an active plan. Supervisor Van Osten asked Engineer Copp to review the qualifications for this program. Engineer Copp advised that these funds could be used to rebuild existing roads or build new roads. He stated that this project would qualify as an appropriate project. He concluded by saying that ifthe Board makes application and it is approved, those monies could be transferred to another Secondary Road project, if the current property owner does not agree with the proposed project. Supervisor Fisher stated that the County must notify the landowner and convey its intent to Minnte Book Nnmber 30 Board of Supervisors Regular Meeting of 06/22/05 581 pursue this funding. Chairman Shickle convened the public hearing. There were no public comments. Chairman Shickle closed the public hearing. Upon a motion by Supervisor Forrester, seconded by Supervisor Fisher, the Board approved the application contingent upon notification of the property owner and the owner having no objections. WHEREAS, the County of Frederick desires to submit an application for and allocation of funds of up to $1,000,000 through the Virginia Department of Transportation Fiscal Year 2005- 2006, modified Revenue Sharing Program; and WHEREAS, $500,000 of these funds are requested to fund the construction of lnverlee Way, a new public road, from the northern portion of the Ravens Subdivision, located off of Millwood Pike (Route 50), to Senseny Road (Route 657) with a new traffic light and turn lanes at Senseny Road (Route 657); and WHEREAS, $500,000 of these funds are requested to fund the realignment ofPapermill Road (Route 644), to establish an intersection with Front Royal Pike (Route 522) and the newly constructed Justes Drive; and NOW, THEREFORE, BE IT ORDAINED, the Frederick County Board of Supervisors supports this application for an allocation of up to $1,000,000 through the Virginia Department of TranspOliation "Revenue Sharing Program". 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 HEARING - AN ORDINANCE TO AMEND THE FREDERICK COUNTY CODE. CHAPTER 165. ZONING: ARTICLE IV. SUPPLEMENTARY USE REGULATIONS: SECTION 165-48.9. REMOVAL OF ADVERTISING SPECIALITIES - WHOLESALE FROM THE FREDERICK COUNTY ZONING ORDINANCE. - APPROVED Zoning Administrator Cheran appeared before the Board regarding this item. He advised that the Development Review and Regulations Subcommittee discussed removing Section 165-48.9 of the Frederick County Zoning Ordinance. This section applies to advertising specialties-wholesale use in the B2 Zoning District. This use is only allowed in the B3, Ml, and M2. The Planning Commission recommended approval ofthis amendment as presented. He concluded by saying that this amendment would clean up items that were missed when the SIC Code amendments were Miuute Book Number 30 Board of Supervisors Regular Meeting of 06122105 ~. 8 ') :J L. conducted previously. Chairman Shickle convened the public hearing. There were no public comments. Chairman Shickle closed the public hearing. Upon a motion by Supervisor Tyler, seconded by Supervisor Forrester, the Board approved the Ordinance to Amend the Frederick County Code, Chapter 165, Zoning; Article IV, Supplementary Use Regulations; Section 165-48.9, Removal of Advertising Specialties - Wholesale. WHEREAS, an ordinance to amend Article IV, Supplementary Use Regulations, Section 165-48.9, removal of advertising specialties - wholesale from the Frederick County Code was considered by the Planning Commission and the Development Review and Regulations Subcommittee (DRRS) during their regularly scheduled meetings; and WHEREAS, the Development Review and Regulations Subcommittee (DRRS) recommended approval of this amendment on April 28, 2005; and WHEREAS, the Planning Commission held a public hearing on this ordinance adoption on June 15,2005; and WHEREAS, the Board of Supervisors held a public hearing on this ordinance adoption on June 22, 2005; and WHEREAS, the Frederick County Board of Supervisors finds the adoption ofthis ordinance to be in the best interest ofthe public health, safety, welfare, and in good zoning practice. NOW, THEREFORE, BE IT ORDAINED, by the Frederick County Board of Supervisors that Article IV, Supplementary Use Regulations, Section 165-48.9, is amended to remove advertising specialties - wholesale from the Frederick County Code. This amendment is amended as described on the attachment. ~ 165-48.9. Ad.e} tising spec,;aU;es - .,holesale. [Added 5-10-2000] Ad.c,t;6;lIg spc",,;a1tiG~ - w!lo!Gs<l1c busillGssesloGated ill tJ.G D-2 Du!.iItGSS GGner<l1 Zoning Distrid 6hall be ~ubjc""t to lllG f\')llo~ing rcquirelllc'its. E~l"LE~lllU<:;lll~ l";lll",;ly "'ll~"~",,d in 5U..!1 bu5ill"'~~"'~ ~ll<tllllvl "'A""",,,,,J I 0,000 ~qual", [""d of total flvo, <II Ga. Only 25% Dflll'" lvl,,1 flvVl "I"''' ..;tL;ll" ~llvl'l';llg GGnt""l ~llall ""vlll,,;u ~U..!1 Lu~;m:;~~""~. SU..!11u~;1l"'~~"'~ ~Il"llllvl L"."" OUtdOVl 6toiage. This ordinance shall be in effect on the day of adoption. 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 Minute Book Number 30 Board of Supervisors Regular Meeting of 06122/05 583 PUBLIC HEARING - AN ORDINANCE TO AMEND THE FREDERICK COUNTY CODE. CHAPTER 165. ZONING: ARTICLE IV. SUPPLEMENTARY USE REGULATIONS: SECTION 165-48.9. ADDITION OF INTER-PARCEL CONNECTOR STREETS. - APPROVED Zoning Administrator Cheran appeared before the Board regarding this item. He advised that the Development Review and Regulations Subcommittee 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 recommended approval of the amendment as presented. Chairman Shickle convened the public hearing. There were no public comments. Chairman Shickle closed the public hearing. Upon a motion by Supervisor Van Osten, seconded by Supervisor Forrcster, the Board approved the Ordinance to Amend the Frederick County Code, Chapter 165, Zoning, Article IV, Supplementary Use Regulations, Section 165-48.9, Addition ofInter-Parcel Connector Street. WHEREAS, an ordinance to amend Article IV, Supplementary Use Regulations, Section 165-48.9, addition of Streets: Inter-Parcel Connectors to the Frederick County Code was considered by the Planning Commission and the Development Review and Regulations Subcommittee (DRRS) during their regularly scheduled meetings; and WHEREAS, the Development Review and Rcgulations Subcommittee (DRRS) recommended approval of this amendment on April 28, 2005; and WHEREAS, thc Planning Commission held a public hearing on this ordinance adoption on June 15,2005; and WHEREAS, the Board of Supervisors held a public hearing on this ordinance adoption on June 22, 2005; and WHEREAS, the Frederick County Board of Supervisors finds the adoption of this ordinance to be in the best interest of the public health, safety, welfare, and in good zoning practice. NOW, THEREFORE, BE IT ORDAINED, by the Frederick County Board of Supervisors that Article IV, Supplementary Use Regulations, Section 165-48.9, is amended to add Streets: Inter- Parcel Connectors to the Frederick County Code. This amendment is amended as described on the attachment. ~ 165-48.9. Streets: Inter-Darcel connectors. All residential subdivisions of more than ten (10) lots in the RP. R-4. R-5. and MS (with residential uses) Zoninz Districts shall have streets connecting to adioininr: varcels. If adioininz Darcels are develoDed or have had a subdivision Dlat aDDroved. the connecting street shall coordinate with the existinz or Dlatted streets in the adioining Darcel. J( an adioininr: Darcel is undeveloDed. the location of the connectinfJ street shall be as shown on the Master Develovment Plan (MDP) approved bv the Board ofSuDervisors. This requirement for inter-varcel connector streets mav be waived bv the Board of Suvervisors uvon avvroval of the Master Develovment Plan (MDP) the Minute Book Number 30 Board of Supervisors Regular Meeting of 06/22/05 584 Board finds (i) that a connector street to an adioining Darcel is not likely to be needed. (iil that the connector street would be reauired to be Dlaced in a location which is imDractical for location of a street. (iii) that an adioining undeveloved Darcel is not likelv to be develoDed in a manner to make a connector street necessarv or avvrovriate. or (iv) other good cause shown bv the aDDlicant not contrary to good vlanninz TJolicv. All inter-Darcel connectors. public or private. shall be built to the Virzinia DeDartment ofTransvortation engineering standards. ~ 165-141 B. OJ) The vroposed location. arranzement. and right-of-wav widths of roads and streets. includinz roads and streets vroviding access to adioininz varcels. shall be in accordance with Section 165-48.9. This ordinance shall be in effect on the day of adoption. 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 informed the Board thatthe Preparedness Committee met on May 27th. There is interest in keeping the group going. Also, a regional emergency preparedness drill will be held in October. Supervisor Tyler advised that the Frederick-Winchester Service Authority asked for ajoint work session with the Board to discuss capacity issues at the treatment plant. Vice-Chairman Dove reported that the Fire & Rescue Summit was held June 11 & 12,2005. The Fire & Rescue Association asked its Overtime Committee to do more work on their report before presenting it to the County's Finance Committee. Supervisor Fisher reported that he shared the proposed Comprehensive Plan amendments with the Sanitation Authority and asked for their questions or comments. The Airport Authority met with representatives from Patton, Harris, Rust, & Associates to review the potential Carpers Valley Development. The Authority has a number of concerns. Chairman Shickle reported that the Joint Finance Committee will be meeting soon to discuss swimming pools and the tourism board. CITIZEN COMMENTS Phil Roby, Stonewall District and member ofthe Social Services Board, addressed the Board Minute Book Number 30 Board of Supervisors Regular Meeting of 06/22/05 585 regarding the need for affordable housing in the County. He stated that the City of Winchester was working to address this issue and it was time for the County to "step up to the plate". He went on say that if a committee was formed to look at this issue, he would be interested. Eugene Lee, Red Bud District, cxpressed concern about construction traffic and the loading and unloading of equipment along Ridge Road. Chairman Shickle advised that staff would investigate this issue. BOARD OF SUPERVISORS COMMENTS Supervisor Van Osten stated that she hoped the Board could be proactive about the affordable housing issue. ADJOURN UPON A MOTION MADE BY SUPERVISOR EWING, SECONDED BY SUPERVISOR TYLER, THERE BEING NO FURTHER BUSINESS TO COME BEFORE THIS BOARD, THIS MEETING IS HEREBY ADJOURNED. (10:03 P.M.) , \2 (; Q.~ ~--c.j Richard C. Shickle Chairman, Board of Supervisors Minutes Prepared By: ~ L cj't/ Jay E. Ti s Deputy Clerk, Board of Supervisors Minute Book Number 30 Board of Supervisors Regular Meeting of 06/22/05