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September 08, 2004 Regular Meeting 109 A Regular Meeting ofthe Frederick County Board of Supervisors was held on Wednesday, September 8, 2004, at 6:00 P.M., in the Board of Supervisors' Meeting Room, County Administration Building, 107 North Kent Street, Winchester, VA. PRESENT Chairman Richard C. Shickle; Vice Chairman Barbara E. Van Osten; Gary W. Dove; Bill M. Ewing; Gina A. Forrester; and Lynda 1. Tyler. ABSENT Shawnee District - Vacant ECONOMIC DEVELOPMENT COMMISSION IMPACT MODEL PRESENTATION Members of the Planning Commission joined the Board in viewing the presentation of the new development impact model. Economic Development Director Patrick Barker appeared before the Board and gave a brief introduction. He advises that this presentation would introduce the Board to the impact model, explain how it was developed, and conclude with a demonstration of how it works. He concluded by introducing Carson Bice, Vice-President of Tischler & Associates. Mr. Bice advised that the development impact model looks at the entire fiscal impact analysis. It shows the cost of growth or the cash flow to the public sector. This model can calculate costs for: Master Development Plan Scenarios. Rezonings. Specific Development Projects. Capital Facility Impacts. Economic Development Proposals. Mr. Bice reviewed the model's development process and advised that it was constructed from the ground up with input from each department. Following the presentation, the Board recessed until 7: 15 p.m. CALL TO ORDER Chairman Shickle called the meeting to order. INVOCATION Reverend Philip Roby from the Amazing Grace Fellowship Church delivered the invocation. PLEDGE OF ALLEGIANCE Minute Book Number 30 Board of Supervisors Regular Meeting of 09/08/04 110 Vice-Chairman Van Osten led the Pledge of Allegiance. ADOPTION OF AGENDA - APPROVED Administrator Riley advised that he had one item to add to the agenda and one item to remove. He asked that the Board add selecting a date for a joint worksession with the Planning Commission regarding the Rural Areas Study. This would be item seven under County Officials. Administrator Riley advised that staff had received a letter from the applicant requesting that Rezoning #10-04 of A.P.R. Mini-Storage, LLC be removed from the agenda in order to allow the applicant to resolve issues with neighboring property owners. Upon a motion by Supervisor Tyler, seconded by Supervisor Ewing, the agenda was approved as amended by the following recorded vote: Richard C. Shickle Aye Barbara E. Van Osten Aye Gary W. Dove Aye Bill M. Ewing Aye Gina A. Forrester Aye Lynda J. Tyler Aye Shawnee District - Vacant CONSENT AGENDA - APPROVED Administrator Riley offered the following tab for approval under consent agenda: 1. Proclamation Re: Family Day - A Day to Eat Dinner with Your Children - Tab C; 2. Request from Geographic Information Systems (GIS) Director Re: Road Name Change Request - Tab E; 3. Public Works Committee - Tab G Upon a motion by Supervisor Forrester, seconded by Vice-Chairman Van Osten, the consent agenda was approved by the following recorded vote: Richard C. Shickle Aye Barbara E. Van Osten Aye Gary W. Dove Aye Bill M. Ewing Aye Gina A. Forrester Aye Lynda J. Tyler Aye Shawnee District - Vacant CITIZEN COMMENTS Mitch Orndoff, Back Creek District, appeared before the Board regarding the Rezoning #10-04. He advised that he owned three (3) lots adjacent to the A.P. R. property. He did not agree with the proposed rezoning and felt that blanket Bland B2 zoning was too broad. He urged the Minute Book Number 30 Board of Supervisors Regular Meeting of 09/08/04 L.______~_ 111 Board to uphold the Planning Commission's recommendation of denial. Lorraine Rogers, Shawnee District, advised that she enjoyed not having traffic on Bufflick Road. There is currently a no truck sign on this road, but delivery trucks still use it. She was concerned that if a business locates in that area then the residents would get the truck traffic. She felt that businesses should have access from the proposed Airport Road from Route 50 to Route 522. She concluded by urging the Board to vote no on this issue. Sherri Jackson, Shawnee District, advised the she was opposed to the proposed rezoning application. She met with the applicant for two hours and she appreciated the Board's patience while a compromise is reached. Patrick Eaves, Shawnee District, wanted to know if the Board of Supervisors wanted to destroy this neighborhood for commercial development. He hoped the Board is in control of what is put there and that they will be happy with it. BOARD OF SUPERVISORS COMMENTS There were no Board of Supervisors comments. MINUTES-APPROVED Upon a motion by Supervisor Tyler, seconded by Supervisor Forrester, the minutes from the August 24, 2004 Regular Meeting were approved by the following recorded vote: Richard C. Shickle Aye Barbara E. Van Osten Aye Gary W. Dove Aye Bill M. Ewing Aye Gina A. Forrester Aye Lynda J. Tyler Aye Shawnee District - Vacant Upon a motion by Vice-Chairman Van Osten, seconded by Supervisor Forrester, the minutes from the August 31, 2004 Work Session re: Rural Areas Study were approved by the following recorded vote: Richard C. Shickle Barbara E. Van Osten Gary W. Dove Bill M. Ewing Gina A. Forrester Lynda J. Tyler Shawnee District - Vacant Aye Aye Aye Abstained Aye Aye COUNTY OFFICIALS Minute Book Number 30 Board of Supervisors Regular Meeting of 09/08/04 112 PRESENTATION OF AWARD TO THE FREDERICK COUNTY SHERIFF'S DEPARTMENT FROM THE VIRGINIA ASSOCIATION OF CHIEFS OF POLICE The Frederick County Sheriffs Department was presented with an award from the Virginia Association of Chiefs of Police for the Virginia Law Enforcement Challenge, which recognizes agencies that take a creative and innovative approach to combating drunk and drugged driving, safety belt and child safety seat use, and speed awareness in their communities. The Frederick County Sheriffs Department received third place in the state for their category, but will travel to Los Angeles, California in November to receive first place in the nation, as awarded by the International Association of Chiefs of Police. COMMITTEE APPOINTMENTS APPOINTMENT OF SANDRA K. REEL TO CHAPTER 10 BOARD TO FILL THE UNEXPIRED TERM OF CYNTHIA GREER - APPROVED Upon a motion by Supervisor Tyler, seconded by Supervisor Forrester, the Board appointed Sandra K. Reel to the Chapter 10 Board to fill the unexpired term of Cynthia Greer, said term to expire December 31,2005. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Barbara E. Van Osten Aye Gary W. Dove Aye Bill M. Ewing Aye Gina A. Forrester Aye Lynda J. Tyler Aye Shawnee District - Vacant RE-APPOINTMENT OF JOHN R. RILEY, JR. AS ALTERNATE TO THE JUVENILE DETENTION CENTER COMMISSION - APPROVED Upon a motion by Supervisor Tyler, seconded by Supervisor Forrester, the Board re- appointed John R. Riley, Jr. as an alternate to the Juvenile Detention Center Commission. This is a four year term, said term to expire September 27,2008. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Barbara E. Van Osten Aye Gary W. Dove Aye Bill M. Ewing Aye Gina A. Forrester Aye Lynda J. Tyler Aye Shawnee District - Vacant PROCLAMATION (#001-04) RE: FAMILY DAY -ADAYTOEATDINNER WITH Minute Book Number 30 Board of Supervisors Regular Meetiug of 09/08/04 11 3 YOUR CHILDREN - APPROVED UNDER CONSENT AGENDA WHEREAS, the use of illegal drugs and the abuse of alcohol and nicotine constitutes the greatest threats to the well-being of America's children; WHEREAS, surveys conducted by the National Center on Addiction and Substance Abuse (CASA) at Columbia University have consistently found that the more often children and teenagers eat dinner with their families the less likely they are to smoke, drink, and use illegal drugs; WHEREAS, teenagers who virtually never eat dinner with their families are 72 percent more likely than the average teenager to use illegal drugs, alcohol, and cigarettes; WHEREAS, teenagers who almost always eat dinner with their families are 31 percent less likely than the average teenager to use illegal drugs, alcohol and cigarettes; WHEREAS, the correlation between family dinners and reduced risk for teen substance abuse are well documented; WHEREAS, parental influence is known to be one of the most crucial factors in determining the likelihood of substance abuse by teenagers; WHEREAS, family dinners have long constituted a substantial pillar of family life in America; NOW, THEREFORE, BE IT RESOLVED, the Frederick County Board of Supervisors does hereby proclaim the fourth Monday in September as Family Day - A Day to Eat Dinner With Your Children and urge all citizens to recognize and participate in its observance. This item was approved under the consent agenda. RESOLUTION (#016-04) OF APPRECIATION HONORING THE MEMBERS OF THE 3RD BATTALION 116TH INFANTRY REGIMENT OF THE WINCHESTER, VIRGINIA NATIONAL GUARD - APPROVED Upon a motion by Supervisor Dove, seconded by Vice-Chairman Van Osten, the Board approved the Resolution of Appreciation Honoring the Members of the 3rd Battalion 116th Infantry Regiment of the Winchester Virginia National Guard. WHEREAS, the 1 16th Infantry Regiment has played a significant role in defending liberty and freedom throughout its history from the Battle of Bull Run to Omaha Beach, Normandy, France; and WHEREAS, the l16th Infantry Regiment has paid the price to preserve and defend America's freedom and liberty, and that of its allies, through its members' blood, sweat, and tears; and WHEREAS, the members ofthe 3rd Battalion are defending freedom for America and the people of Afghanistan; and WHEREAS, the 3rd Battalion continue to honor and uphold the legacy of the 116th Infantry Regiment by their service. NOW, THEREFORE, BE IT RESOLVED, that the Board of Supervisors of the County of Frederick, Virginia does hereby express its sincere gratitude to the members ofthe 3rd Battalion, 116th Infantry Regiment of the Winchester, VA National Guard and their families for the sacrifices they have made in defense of freedom. Minute Book Number 30 Board of Supervisors Regular Meeting of 09/08104 '114 BE IT FURTHER RESOLVED, that this resolution of appreciation be spread across the minutes of the Board of Supervisors in order for all citizens to read and reflect on the contributions these brave men and women have made to the country, state, and community of Frederick County, Virginia, and that a true copy of this resolution be presented to the 3rd Battalion, 116th Infantry Regiment of the Winchester, VA National Guard. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Barbara E. Van Osten Aye Gary W. Dove Aye Bill M. Ewing Aye Gina A. Forrester Aye Lynda J. Tyler Aye Shawnee District - Vacant REOUEST FROM GEOGRAPHIC INFORMATION SYSTEMS (GIS) DIRECTOR RE: ROAD NAME CHANGE REOUEST - APPROVED UNDER CONSENT AGENDA The Department of Geographic Information Systems (GIS) submitted a request to change a road name in Frederick County from Buchinsky Drive to Aaron Drive. The applicant requesting this change has met the requirements for a road name change as set forth in the Frederick County Code, Chapter 56, Section 56-6, "Requesting approval to change or remove County Road names." The Department advised that no structures or addressing are currently in place along this roadway and thus recommended approval. This item was approved under the consent agenda. REOUEST FROM THE COMMISSIONER OF REVENUE FOR REFUND - APPROVED Administrator Riley advised that this was a request from the Commissioner of Revenue to allow the Treasurer to refund or roll credits as needed for AP AC VA, Inc. This abatement is due to proration for the sale of vehicles at auction and to other owners. The total amount of the exoneration is $2,299.74 plus late payment penalty and interest. Upon a motion by Supervisor Forrester, seconded by Supervisor Tyler, the Board approved the request to refund by the following recorded vote: Richard C. Shickle Aye Barbara E. Van Osten Aye Gary W. Dove Aye Bill M. Ewing Aye Gina A. Forrester Aye Lynda J. Tyler Aye Shawnee District - Vacant SCHEDULING A WORKSESSION - RURAL AREAS STUDY Minute Book Number 30 Board of Supervisors Regular Meeting of 09/08/04 115 Staff submitted dates for a joint work session between the Board, Planning Commission, and Comprehensive Plans and Programs Subcommittee to review and comment on the Rural Areas Study draft policies. The Board set the work session for Tuesday, September 28,2004 at 12:00 P.M. COMMITTEE REPORTS PUBLIC WORKS COMMITTEE - APPROVED UNDER CONSENT The Public Works Committee met on Tuesday, August 31,2004, at 8:00 a.ill. All members were present. The following items were discussed: ***Items Not Requiring Action*** 1. Potential Chan!!es to Erosion and Sediment Control Ordinance The Deputy Director, Mr. Joe Wilder, in a memorandum dated August 25,2004, outlined proposed changes to the erosion and sediment control ordinance. These changes include possible fee increases as well as administering the erosion and sediment control program for the Town of Stephens City. A subcommittee compromised oftwo (2) members from the public works committee, a representative from the Top of Virginia Building Association and the deputy director will be convened to review these changes. Lynda Tyler and Gary Dove volunteered to serve on the subcommittee. The committee unanimously recommended that the new fees be established prior to initiating the administration program for Stephens City. 2. Carrv Forward ReQuest from Countv Buildin!! Official The committee unanimously approved a carry forward request from the Building Official, Mr. John Trenary, in the amount of$719.25. The attached memorandum provides the justification for this carry forward request. The request will be forwarded to the finance committee for their reVIew. 3. Review Year End Bud!!et Summarv A year end budget summary for the entire public works department was presented to the committee for their review. The tabulated summary is highlighted in the attached document. This summary represents the first time in the history of the current public works department that the actual revenues have exceeded the actual expenditures. 4. Review Proposed Shawneeland Sanitarv District Lot Sales Mr. Dave Burleson presented a request to proceed with the sale of a select list oflots owned by the sanitary district. Mr. George Ludwig remarked that this list should be reviewed and endorsed by the Shawnee land Advisory Committee prior to approval by the public works committee. Mr. Burleson then recommended that this issue be tabled indefinitely. The motion was unanimously endorsed by the committee. He also indicated that it may not be possible to proceed with this proposal until after the completion of the upcoming budget process which might include a proposed fee increase. 5. Update on Animal Shelter Desi!!n Proposals The Director of Public Works indicated that four (4) submittals were received in response to our Request for Proposals for architectural/engineering design services for the new animal shelter. Minute Book Number 30 Board of Supervisors Regular Meeting of 09/08/04 116 These responses included the following: Design Learned, Inc., Daggett & Griggs Architects, PC, Jackson & Ryan Architects, Inc., and Design Concepts. Interviews will be conducted on September 9,2004, to evaluate the proposals and qualifications ofthe Architectural/Engineering design firms. The interview team will include three (3) representatives from the public works committee (Lynda Tyler, Whit Wagner and Stan Crockett), the shelter manager and assistant manager as well as the director of public works. 6. Miscellaneous ReDorts a. Tonnage Report: Landfill (Attachement 4) b. Recycling Report (Attachment 5) c. Animal Shelter Dog Report (Attachment 6) d. Animal Shelter Cat Report (Attachment 7) 7. A closed session was conducted in accordance with the Code of Virginia 92.2-3711 Subsection A, (3), Acquisition and Disposal of Real Estate. This item was approved under the consent agenda. 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: LANDFILL FUND SUPPLEMENTAL APPROPRIATION IN THE AMOUNT OF $804.107.60: AIRPORT CAPITAL PROJECT FUND SUPPLEMENTAL APPROPRIATION IN THE AMOUNT OF $2.338.133.04: SCHOOL CONSTRUCTION FUND SUPPLEMENTAL APPROPRIATION IN THE AMOUNT OF $15.531.893.23. THESE AMOUNTS REPRESENT OUTSTANDING PURCHASE ORDERS AT JUNE 30. 2004 - (RESOLUTION #017-04) - APPROVED Administrator Riley advised that the budget resolution reflects amounts for outstanding purchase orders as of June 30, 2004. The Landfill amount is for two rock trucks. The Airport amount is for the relocation ofBufflick Road and the construction ofT -hangars. The School amount is for renovations to James Wood Middle School and the construction of the new middle school. 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 Van Osten, the Board approved the Fiscal Year 2004-2005 Budget Amendment. WHEREAS, the Frederick County Board of Supervisors, meeting in regular session and public hearing held on September 8, 2004, took the following action: NOW, THEREFORE, BE IT RESOLVED, by the Board of Supervisors that the FY 2004- 2005 Budget be Amended to Reflect: Minute Book Number 30 Board of Supervisors Regular Meeting of 09/08/04 L 11 7 Landfill Fund Supplemental Appropriation in the Amount of$804,107.60 Airport Capital Project Fund Supplemental Appropriation in the Amount of$2,338,133.04 School Construction Fund Supplemental Appropriation in the Amount of $15,531,893.23. These Amounts Represent Outstanding Purchase Orders at June 30, 2004. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Barbara E. Van Osten Aye Gary W. Dove Aye Bill M. Ewing Aye Gina A. Forrester Aye Lynda J. Tyler Aye Shawnee District - Vacant PLANNING COMMISSION BUSINESS PUBLIC HEARING PUBLIC HEARING - REZONING #10-04 OF A.P.R. MINI-STORAGE. LLC. SUBMITTED BYFOL TZLAND SURVEYING. TO REZONE 2.5473 ACRES FROM RA (RURAL AREAS) DISTRICT TO B1 (NEIGHBORHOOD BUSINESS) DISTRICT AND 10.1134 ACRES FROM RA (RURAL AREAS) DISTRICT TO B2 (GENERAL BUSINESS)DlSTRICT. THIS PROPERTY IS LOCATED ON THE NORTH SIDE OF ROUTE 776 ABOUT 500 FEET EAST OF THE INTERSECTION WITH ROUTE 522. AND IS IDENTIFIED BY PROPERTY IDENTIFICATION NUMBER (PIN) 64B- A-38. IN THE SHAWNEE MAGISTERIAL DISTRICT. - WITHDRAWN AT THE REOUEST OF THE APPLICANT PUBLIC HEARING - REZONING #11-04 OF ADAMS DEVELOPMENT GROUP. SUBMITTED BY GREENWAY ENGINEERING. TO REZONE 59.708 ACRES FROM RA (RURAL AREAS) DISTRICT TO B3 (INDUSTRIAL TRANSITION) DISTRICT. THE PROPERTY IS LOCATED IN THE STEPHENSON AREA OF THE COUNTY. FRONTING THE WEST SIDE OF MARTINSBURG PIKE (ROUTE 11). OPPOSITE THE INTERSECTION WITH STEPHENSON ROAD (ROUTE 664). AND IS IDENTIFIED BY PROPERTY IDENTIFICATION NUMBER (PIN) 44-A-75. IN THE STONEWALL MAGISTERIAL DISTRICT. - APPROVED Senior Planner Susan Eddy appeared before the Board on behalf of this item. She advised that this was a request by Greenway Engineering, on behalf of Adams Development Group, to rezone 59.708 acres from RA (Rural Areas) to B3(Industrial Transition) District. The proposed use would be office, office/warehouse, warehouse, and self-service storage. The subject property is located in the Stephenson area in the Stonewall District. Senior Planner Eddy advised that the review agency comments were generally positive. The Historic Resources Advisory Board expressed concern about the projects location to Kenilworth, which is a significant part ofthe Stephenson and surrounding area. The applicant has proffered: - The subject property will be developed in substantial conformance with the GDP, which Minute Book Number 30 Board of Supervisors Regular Meetiug of 09/08/04 11 8 denotes a single shared commercial entrance and the layout of proposed land uses. Only office, office/warehouse, warehouse, and self-storage land uses will be permitted on the property. A maximum square footage for each of these uses has been proffered as well. No more than one commercial entrance off of Martinsburg Pike, construction of a right- turn deceleration lane, contribution of 20' of additional right-of-way to VDOT for possible future road improvements, and agreement to contribute towards the cost of off- site signalization in the area ofInterstate 81 and exit 321. Preservation of a continuous strip of existing vegetation on the west side of Winchester and Western Railroad for screening purposes. Utilization of the 6' high berm opaque screening option along the north property line along with utilization ofthe 6' tall fence as the opaque screening option along the south property line. Landscape enhancements along Martinsburg Pike to include a 20' wide green strip, a low-level earth berm, low-lying shrubs and a single row of deciduous flowering trees. All commercial site plans will be designed to implement best management practices (BMP) to promote stormwater quality measures. A monetary contribution of $8,355 is offered for the purpose of impact mitigation for Frederick County Fire and Rescue Services. The Planning Commission reviewed the proposed rezoning application at its August 18,2004 meeting and unanimously recommended approval. She concluded by saying that this proposal is in general conformance with the Comprehensive Policy Plan. Evan Wyatt, Greenway Engineering, appeared before the Board on behalf ofthe applicant and addressed the transportation proffers. He advised that there would be only one entrance for access to the site and it would be aligned with the existing APEX entrance on Route 11. The applicant is also providing 20' ofland for right-of-way because as this corridor develops, there will be a need to widen Route 11. The applicant has also looked at off-site impact and has provided VDOT with a transportation study and has agreed to provide signalization at Exit 321. Mr. Wyatt advised that the applicant has met with adjacent property owners to address their concerns about a wet weather stream that runs through their property. He stated that it is not the applicant's intent to impact that area and the applicant would use a six-foot board on board fence and tree plantings to buffer the area. Administrator Riley asked if the Fire & Rescue proffer monies would go to Clearbrook Fire Department. Director Lawrence stated that under the proffer language, the money would come to the Minute Book Number 30 Board of Snpervisors Regular Meeting of 09/08/04 1 "1 9 County, but it would be appropriate to clarify that Clearbrook is the first responder for that area. Mr. Wyatt stated that the applicant would like to direct that money to Clearbrook, but in the past, he has received comments that the proffer money should be submitted to the County. He concluded by saying that it would not be a problem to rewrite the proffer. Assistant Administrator Tierney advised that it has been the legal opinion provided to staff that the proffer money should come to the County and then be disbursed. Administrator Riley advised that as long as there was an understanding where the proffer money would ultimately end up then he was okay with the money coming to the County. Assistant Administrator Tierney stated that the County disburses the money to the first responder. Chairman Shickle advised in this instance that would be Clearbrook. 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 Van Osten, the Board approved rezoning application #11-04 by the following recorded vote: Richard C. Shickle Aye Barbara E. Van Osten Aye Gary W. Dove Aye Bill M. Ewing Aye Gina A. Forrester Aye Lynda J. Tyler Aye Shawnee District - Vacant PUBLIC HEARING - NO THRU TRUCKS ON OLD CHARLES TOWN ROAD (ROUTE 761). CONSIDERATION OF RESTRICTING THRU TRUCKS ON OLD CHARLES TOWN ROAD (ROUTE 761) FROM THE INTERSECTION OF MARTINSBURG PIKE (ROUTE 11) AND OLD CHARLES TOWN ROAD (ROUTE 761) TO THE INTERSECTION OF JORDAN SPRINGS ROAD (ROUTE 664) AND OLD CHARLES TOWN ROAD (ROUTE 761). AN ALTERNATE ROUTE EXISTS VIA MARTINSBURG PIKE (ROUTE 11) TO STEPHENSON ROAD (ROUTE 664) TO OLD CHARLES TOWN ROAD (ROUTE 761) TO THE INTERSECTION OF JORDAN SPRINGS ROAD (ROUTE 664) AND OLD CHARLES TOWN ROAD (ROUTE 761). - (RESOLUTION #018-04) - APPROVED Director Lawrence appeared before the Board on behalf of this item. He advised that this request was approved by the Board back in December 2002; however, since that time the Commonwealth Transportation Board informed the County that the hearing was not advertised properly. This particular route was inadvertently omitted from the public hearing in August 2004. Director Lawrence stated that following tonight's public hearing, this would complete the No Thru Truck requests. He concluded by saying that the no thru truck restrictions and alternate route make sense because ofthe Stephenson Village subdivision located to the south of Old Charles Town Road. Minute Book Number 30 Board of Supervisors Regular Meeting of 09/08/04 i 120 The alternate route of Route 11 to Stephenson Road makes sense because of the proposed industrial development to the northeast of Stephenson Road. Chairman Shickle reminded the Board that this is not a new proposal and that a vote to approve would validate what the Board's intent was in 2002. He then convened the public hearing. Ty Lawson, Attorney, appeared before the Board on behalf ofthe citizen group Public Road Rights. He then read the following letter: "As you are aware, this firm represents Public Road Rights. Public Road Rights is an organization formed by citizens living and working in the Winchester/Frederick County area for the purpose of protecting and preserving the public roads of Virginia to ensure that the roadways remain open for all types of vehicular traffic. Section 46.2-809, Code of Virginia, 1950 as amended, expressly provides that the Commonwealth Transportation Board (the 'CTB') may, in response to a formal request by a governing body, after due notice and proper hearing, prohibit or restrict use by through traffic of any part of a primary or secondary highway if a reasonable alternate route is provided. On or about October 16, 2003, the CTB adopted guidelines for considering a request to restrict through trucks on primary and secondary highways. The guidelines provide the following: That through truck travel should be restricted only upon a demonstration that the proposed restriction would promote the health, safety, and welfare ofthe citizens ofthe Commonwealth without creating an undue hardship on any of the users of the transportation network; That a reasonable route must be provided; That the reasonable alternate route must be evaluated for traffic and safety related impacts; That the reasonable route must be engineered to a standard sufficient for truck travel; That the reasonable route must be judged at least appropriate for truck travel as the proposed restricted route; That if upgrades are required, the improvements must be completed prior to restricting travel; That the termini ofthe proposed restriction must be identical to the alternate routing to allow for a time and distance comparison to be conducted between the two routings; That an evaluation of the character and/or frequency of truck traffic, including an evaluation of safety issues, accident history, engineering of the roadway, vehicle composition and other traffic engineer related issues must occur. There is no indication the County has undertaken the required evaluation. Before road closure, the foregoing items must be considered by the Board of Supervisors ('BOS'). Moreover, there is no indication that the analysis was conducted for the proposed road closures that the Board recommended for closure on August 12, 2004. The proposed no through truck restriction on Old Charles Town Road comes on the heels of four (4) recommended through truck traffic closures from the August 12, 2004 BOS Meeting. The instant route for which the through truck restriction is sought is part of the alternate routes for the Woods Mill Road, and the Jordan Springs Road and Burnt Factory Road through truck restricted Minute Book Number 30 Board of Supervisors Regular Meeting of 09/08/04 121 route. Moreover, the instant request does not provide a reasonable alternate route, for it routes trucks onto roadways for which the BaS has already proposed through truck restrictions. Effectively the proposed restriction would result in truck traffic on Old Charles Town Road not having a reasonable alternate route. Such a comprehensive ban on through truck travel in the northeast section of the County emasculates the purpose and the intent of S 46.2-809, the Virginia Administrative Code, and the guidelines adopted by the CTB. In addition, the proposed restricted route must either be residential in nature or must be functionally classified as either a local or collector road. Old Charles Town Road is a secondary road that is a major thoroughfare between U.S. Route 11, the western part of the County, Clarke County, and leading to U.S. Route 340 leading to points north and across other roads to points east. I thank you for your consideration of the foregoing views, and I would ask that the Board vote to deny the resolution proposing to restrict through truck travel on Old Charles Town Road and reconsider and reject your vote of August 12,2004 to restrict through truck travel on Jordan Springs and Burnt Factory Roads, Rest Church and Welltown Roads, Woods Mill Road and Warrior Drive." Sam King appeared before the Board on behalf of Public Road Rights. He stated that he believed no analysis has been done and there has been no demonstration of need for this restriction. He does not think that the proposed alternate route is good quality road. He concluded by saying that restricting vehicles on any road makes them more concentrated somewhere else. John Rutherford, a resident of Clarke County, was opposed to the no through truck restrictions. He stated that truck drivers pay the price to use the roads through road use taxes. John Jeter, Stonewall District, believed that these restrictions were the result ofa personal vendetta against truck drivers. He asked what difference .these restrictions would make. He concluded by saying that the restrictions do not make sense. A high school student and resident of Red Bud Road advised that she rides a school bus on the restricted roads. She stated that the buses are larger than the trucks that are being restricted. She asked how these roads could be safe for buses if they are not safe for trucks. She concluded by saying that ifbuses are allowed to travel these roads, then trucks should be entitled to the same right. Randy Puffinbarger, an employee for APEX, stated that there were a lot of restricted roads in Frederick and Clarke Counties, which forced companies to take more time to haul loads. He Minute Book Number 30 Board of Supervisors Regular Meeting of 09/08/04 122 concluded by saying that the restrictions were not good for business. Lloyd Goode, a resident ofBerryville, advised that the Board was continually changing the path that trucks travel. He advised that the proposed alternate route was not fit to handle one truck, let alone two. There being no futher public comments, Chairman Shickle closed the public hearing. Supervisor Tyler advised that it was curious that Mr. Lawson was now representing the Road Rights group, but previously stood before the Board urging for a road to be closed as part of a rezoning application. She concluded by saying that she thinks it is reasonable to restrict through truck traffic. Upon a motion by Supervisor Tyler, seconded by Supervisor Forrester, the Board approved the Resolution to Request No Through Truck Traffic on Old Charles Town Road from the Intersection of Martinsburg Pike and Old Charles Town Road to the Intersection of Jordan Springs Road and Old Charles Town Road. WHEREAS, Old Charles Town Road (Route 761) is classified as a local road designed to handle residential traffic and is not designed or intended to serve heavy truck traffic; and WHEREAS, local residents and county officials are concerned about heavy truck traffic on this road; and WHEREAS, the Frederick County Board of Supervisors has identified that an alternate transportation route exists via Martinsburg Pike (Route 11) to Stephenson Road (Route 664) to Old Charles Town Road (Route 761) to the intersection of Jordan Springs Road (Route 664) and Old Charles Town Road (Route 761) to accommodate heavy truck traffic safely and efficiently for the Old Charles Town Road proposed restriction; and WHEREAS, in accordance with Section 46.2-809 of the Code of Virginia, the Frederick County Board of Supervisors has conducted a public hearing on September 8,2004 to obtain public comments on restricting thru truck traffic, from the intersection of Martinsburg Pike (Route 11) and Old Charles Town Road (Route 761) to the intersection ofJordan Springs Road (Route 664) and Old Charles Town Road (Route 761); and WHEREAS, the Frederick County Board of Supervisors will use its good offices for enforcement of the proposed restriction by the appropriate local law enforcement agency. NOW, THEREFORE, BE IT RESOLVED, that the Frederick County Board of Supervisors does hereby request that the Commonwealth Transportation Board, or its designee, consider restricting thru traffic on Old Charles Town Road (Route 761), from the intersection of Martinsburg Pike (Route 11) and Old Charles Town Road (Route 761) to the intersection of Jordan Springs Road (Route 664) and Old Charles Town Road (Route 761). Supervisor Dove stated that he would have to agree with the citizen speakers in this instance because he has traveled that road many times and the proposed route is narrower and has a railroad track that could cause "low boys" to get stuck. He advised that he was going to vote against this Minute Book Number 30 Board of Supervisors Regular Meeting of 09/08/04 123 proposal. Vice-Chairman Van Osten asked Director Lawrence ifhe was comfortable that the County has complied with the Commonwealth Transportation Board requirements. Director Lawrence responded that the Commonwealth Transportation Board advised the County that the public hearing ads were not done properly, but did not say anything about the other requirements. Supervisor Forrester asked ifthere was currently a no through truck sign posted. Director Lawrence responded yes. Supervisor Ewing advised that he had driven both roads and concurred with Supervisor Dove. He stated that the alternate route was not satisfactory; therefore, he would be voting against the resolution. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Barbara E. Van Osten Aye Gary W. Dove Nay Bill M. Ewing Nay Gina A. Forrester Aye Lynda 1. Tyler Aye Shawnee District - Vacant OTHER PLANNING ITEMS DISCUSSION RE: ADDING THE MS (MEDICAL SUPPORT) DISTRICT TO SECTIONS OF THE ZONING ORDINANCE - TO FORWARD TO PUBLIC HEARING Zoning and Subdivision Administrator Mark Cheran appeared before the Board on behalf of this item. He advised that the Development Review and Regulations Subcommittee, at its June 24, 2004 meeting, discussed adding MS (Medical Support) District to sections of the Zoning Ordinance. This change would include references to the MS (Medical Support) District Section 165-47 C (1) and Sections 165-133 and 134 of the zoning ordinance. Zoning AdministratorCheran went on to say that this was a "house keeping" matter as the MS district was inadvertently omitted from these relevant sections at the time it was originally added to the ordinance. He concluded by saying that staffsupports the subcommittees recommendation and the item was before the Board for discussion. Upon a motion by Supervisor Dove, seconded by Supervisor Forrester, the Board approved Minute Book Number 30 Board of Supervisors Regular Meeting of 09/08/04 124 sending this proposed amendment forward for public hearing. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Barbara E. Van Osten Aye Gary W. Dove Aye Bill M. Ewing Aye Gina A. Forrester Aye Lynda J. Tyler Aye Shawnee District - Vacant BOARD LIAISON REPORTS Supervisor Tyler reported that the proposals for the new animal shelter are due tomorrow. Supervisor Forrester reported that the Social Services Board will be attending a Housing Summit at Lord Fairfax Community College on September 14,2004. Vice-Chairman Van Osten reported on the August 27,2004 disaster preparedness table-top exercise. She advised that the Public Safety Committee will discuss the next steps at its October 7, 2004 meeting. Supervisor Ewing reported that he is the Board's representative to the Northern Shenandoah Regional Water Authority and will be sending a copy of their proposal to the Board for review and comment. CITIZEN COMMENTS There were no citizen comments. BOARD OF SUPERVISORS COMMENTS There were no Board of Supervisor 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. (8:30 P.M.) \L...S2--<: cY..._L_~ Richard C. Shickle Chairman, Board of Supervisors J~i~ Clerk, Board of Supervisors Minute Book Nnmber 30 Board of Snpervisors Regnlar Meeting of 09/08104 125 Minutes Prepared By: ( /-~ 1 f"--f, -tI JayE. ibt . . Deputy Clerk, Board of Supervisors Minute Book Number 30 Board of Supervisors Regular Meeting of 09/08/04