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HomeMy WebLinkAboutJuly 13, 2005 Regular Meeting 009 A Regular Meeting ofthe Frederick County Board of Supervisors was held on Wednesday, July 13,2005, at 7:15 P.M., in the Board of Supervisors' Meeting Room, County Administration Building, 107 North Kent Street, Winchester, Virginia. PRESENT Chairman Richard C. Shickle; Vice Chairman Gary W. Dove; Bill M. Ewing; Gene E. Fisher; Gina A. Forrester; Lynda J. Tyler; and Barbara E. Van Osten. CALL TO ORDER Chairman Shickle called the regular meeting to order. INVOCATION Reverend Phillip Roby ofthe Amazing Grace Fellowship Church delivered the invocation. PLEDGE OF ALLEGIANCE Vice-Chairman Dove led the Pledge of Allegiance. ADOPTION OF AGENDA - APPROVED AS AMENDED County Administrator John Riley advised that he had two items to add to the agenda: Memorandum from Sheriffs Department re: Request for Transfer of Funds - Item #5 under County Officials; Joint Finance Committee - Item #3 under Committee Reports. Upon a motion by Supervisor Tyler, seconded by Supervisor Forrester, the Board approved the agenda as amended. The above motion was approved by following recorded vote: Richard C. Shickle Aye Gary W. Dove Aye Bill M. Ewing Aye Gene E. Fisher Aye Gina A. Forrester Aye Lynda J. Tyler Aye Barbara E. Van Osten Aye CONSENT AGENDA - APPROVED Administrator Riley offered the following tabs for consideration under the Consent Agenda: Review and Approval of Northwestern Community Services' Fiscal Year 2006 Performance Contract - Tab C; Correspondence and Resolution from Virginia Department of Transportation Re: Changes in the Primary and Secondary System Due to Relocation and Construction on Route 647 - Tab D; Minute Book Number 31 Board of Supervisors Regular Meeting of 07/13/05 010 - Parks & Recreation Commission Report - Tab F Upon a motion by Supervisor Forrester, seconded by Supervisor Ewing, the Consent Agenda 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 CITIZEN COMMENTS Gary Oates, Stonewall District, appeared before the Board to speak against the Rural Areas Proposal to be discussed this evening. He did not believe the County should give density bonuses. He went on to say that he did not feel that this newest proposal had becn brought out to the public and if the public knew about this proposal they would not be in favor of it. Trudi Dixon, Stonewall District, stated that this revised plan did not reflect public comment. She went on to say that it appeared to be a way to get developers to bring Urdan Development Area development into the Rural Areas. She concluded by saying that she opposed the proposal. BOARD OF SUPERVISORS COMMENTS Supervisor Tyler stated she would like the Board to review the process for Comprehensive Plan Amendments. MINUTES-APPROVED The minutes from the June 22, 2005 regular meeting presented. Upon a motion by Supervisor Forrester, seconded by Supervisor Van Osten, the Board approved the minutes by the following recorded vote: Richard C. Shickle Aye Gary W. Dove Aye Bill M. Ewing Aye Gene E. Fisher Aye Gina A. F orrester Aye Lynda J. Tyler Aye Barbara E. Van Osten Aye COUNTY OFFICIALS COMMITTEE APPOINTMENTS FELICIA HART APPOINTED TO SERVE AS STONEWALL DISTRICT REPRESENTATIVE TO THE HISTORIC RESOURCES ADVISORY BOARD - Minute Book Number 31 Board of Supervisors Regular Meeting of 07/13/05 011 APPROVED Upon a motion by Supervisor Tyler, seconded by Supervisor Van Osten, the Board appointed Felicia Hart to fill the unexpired term of Rebecca B. Stillwell as Stonewall District Representative to the Historic Resources Advisory Board, said term to expire April 12, 2007. 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 JEFF BUTLER APPOINTED TO SERVE AS STONEWALL DISTRICT REPRESENT A nVE TO THE PARKS AND RECREA nON COMMISSION - APPROVED Upon a motion by Supervisor Tyler, seconded by Vice-Chairman Dove, the Board appointed Jeff Butler to fill the unexpired term of Steve White as Stonewall District Representative to the Parks and Recreation Commission, said term to expire May 14, 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 J. Tyler Aye Barbara E. Van Osten Aye ARTHUR FULTON APPOINTED TO SERVE AS A FREDERICK COUNTY REPRESENTATIVE TO THE WINCHESTER REGIONAL AIRPORT AUTHORITY - APPROVED Upon a motion by Supervisor Fisher, seconded by Vice-Chairman Dove, the Board appointed Arthur H. Fulton to serve as Frederick County Representative to the Winchester Regional Airport Authority. This is a four year term, said term to expire July 13,2009. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Gary W. Dove Aye Bill M. Ewing Aye Gene E. Fisher Aye Gina A. Forrester Aye Lynda J. Tyler Aye Barbara E. Van Osten Aye Minute Book Number 31 Board of Supervisors Regular Meeting of 07/13/05 012 WELLINGTON H. JONES APPOINTED TO SERVE AS FREDERICK COUNTY REPRESENTATIVE TO THE FREDERICK-WINCHESTER SERVICE AUTHORITY (FWSA) - APPROVED Upon a motion by Supervisor Fisher, seconded by Vice-Chairman Dove, the Board appointed Wellington H. Jones to serve as Frederick County Representative to the Frederick-Winchester Service Authority (FWSA). This is a three year appointment, said term to expire August 31,2008. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Gary W. Dove Aye Bill M. Ewing Aye Gene E. Fisher Aye Gina A. Forrester Aye Lynda 1. Tyler Aye Barbara E. Van Osten Aye JAMES R. WILKINS. III RECOMMENDED FOR RE-APPOINTMENT AS MEMBER-AT-LARGE TO THE FREDERICK-WINCHESTER SERVICE AUTHORITY - APPROVED Upon a motion by Supervisor Tyler, seconded by Supervisor Van Osten, the Board recommended the re-appointment ofJames R. Wilkins, III as member-at-large. This is a three-year appointment, said term to expire August 31, 2008. This appointment is contingent upon similar action by the Winchester City Council. The above motion was approved by the following recorded vote: Richard C. Shiekle 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 REVIEW AND APPROVAL OF NORTHWESTERN COMMUNITY SERVICES' FISCAL YEAR 2006 PERFORMANCE CONTRACT - APPROVED UNDER CONSENT AGENDA The Board of Supervisors reviewed and endorsed Northwestern Community Services Board's FY 2006 Performance Contract at its July 11,2005. This item was approved under the consent agenda. CORRESPONDENCE AND RESOLUTION (#001-05) FROM VIRGINIA DEPARTMENT OF TRANSPORT A TION RE: CHANGES IN THE PRIMARY AND SECONDARY SYSTEM DUE TO RELOCATION AND CONSTRUCTION ON ROUTE 647. - APPROVED UNDER CONSENT AGENDA WHEREAS, Route 647, Frederick County, from 0.22 mile North of Route 277, to 1.08 mile Minute Book Number 31 Board of Supervisors Regular Meeting of 07/13/05 13 North of Route 277 has been altered as shown on the plans for Project #0647-034-223,C50l; and, WHEREAS, the Virginia Department of Transportation has provided this Board with a sketch dated June 27, 2005 depicting required changes in the Secondary System of State Highways, with a sketch entitled "Changes in the Primary and Secondary Systems Due to Relocation and Construction on Route 64 7, Project #064 7 -034-223,C501 ," is hereby incorporated by reference; and WHEREAS, the new road now serves the same citizens as those portions of old road identified to be abandoned and those portions to be abandoned no longer serve the public need; and, NOW, THEREFORE, BE IT RESOLVED, this Board requests the Virginia Department of Transportation, abandon from the Secondary System of State Highways those portions as identified as Sections #1,2,3,4, and 5 in the aforementioned sketch pertinent to Section 33.1-155, Code of Virginia of 1950, as amended; and, BE IT FURTHER RESOLVED, this Board requests the Virginia Department of Transportation add to the Secondary System of State Highways identified as Sections #6, 7, and 8 in the aforementioned sketch pertinent to Section 33.1-229, Code of Virginia of 1950, as amended; and, BE IT FURTHER RESOLVED, the Frederick County Board of Supervisors requests the Virginia Department of Transportation add to the Secondary System of State Highways, the connections of Frederick Drive, Route 1041, identified as Section #5A and Section #9, Westmoreland Drive, Route 1054 on the aforementioned sketch pertinent to Section 33.1-229, Code of Virginia of 1950 as amended; and, BE IT FINALLY RESOLVED, that a certified copy of this resolution be forwarded to the Resident Engineer for the Virginia Department of Transportation. MEMORANDUM FROM ASSISTANT COUNTY ADMINISTRATOR RE: CONSERVATION EASEMENT PROGRAM AND REOUEST TO SCHEDULE A PUBLIC HEARING. - SENT FORWARD FOR PUBLIC HEARING Assistant County Administrator Kris Tierney advised that the Easement Committee has received comments from the Board of Supervisors as well as legal comments from Attorney Bob Mitchell regarding the format and content ofthe proposed conservation easement program. These comments have been incorporated into the proposed ordinance. Assistant Administrator Tierney advised that Mr. Mitchell had recommended an authority format rather than a committee. The Board is being requested to act on two documents: one creating the program and an ordinance creating the Easement Authority. The creating document establishes the membership as: one member from the Board of Supervisors, one member from the Planning Commission, and seven Frederick County citizen members. The document also addresses reimbursement for actual expenses incurred by the Committee members. He asked the Board to resolve whether or not membership should be limited to Frederick County citizens and whether the members should receive reimbursement. These issues should be addressed before the public hearing. Supervisor Van Osten stated that membership should not be restricted to only Frederick Minute Book Number 31 Board of Supervisors Regular Meeting of 07/13/05 014 County citizens, but the Committee should allow membership for area residents. Supervisor Fisher asked ifthere should be a limit on the area from which members could be selected (e.g. Winchester/Frederick County). Supervisor Van Osten responded no. Chairman Shickle asked how new members would be appointed. Assistant Administrator Tierney stated that a provision could be added that members would be appointed by the Board of Supervisors. Upon a motion by Supervisor Van Osten, seconded by Supervisor Tyler, the Board changed the provision for membership to read "7 citizen members" and added a provision stipulating that the Board of Supervisors would appoint new members. The above motion 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 1. Tyler Aye Barbara E. Van Osten Aye Upon a motion by Supervisor Ewing, seconded by Supervisor Tyler, the Board removed the provision "..but shall be reimbursed for the amount of actual expenses incurred by them in the performance of their duties" until such timc as the Authority obtains funding. 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 Upon a motion by Supervisor Tyler, seconded by Supervisor Van Osten, the Board sent this proposed ordinance forward for public hearing. The above motion was approved by the following recorded vote: Richard C. Shickle Gary W. Dove Bill M. Ewing Gene E. Fisher Gina A. Forrester Lynda J. Tyler Aye Aye Aye Aye Aye Aye Minute Book Number 31 Board of Supervisors Regular Meeting of 07/13/05 015 Barbara E. Van Osten Aye MEMORANDUM FROM FREDERICK COUNTY SHERIFF RE: REQUEST FOR TRANSFER OF FUNDS - APPROVED Administrator Riley advised that this was a request for three transfers of funds to pay for maintenance and repairs. The total amount requested to be transferred into Repair/Maintenance of Vehicles is $20,500. Supervisor Ewing asked if these funds were from 2004-2005 budget. Administrator Riley responded yes. Upon a motion by Supervisor Ewing, seconded by Supervisor Forrester, the Board approved the transfer request by the following recorded vote: Richard C. Shickle Aye Gary W. Dove Aye Bill M. Ewing Aye Gene E. Fisher Aye Gina A. Forrester Aye Lynda J. Tyler Aye Barbara E. Van Osten Aye COMMITTEE REPORTS PARKS AND RECREA nON COMMISSION REPORT - APPROVED UNDER CONSENT AGENDA The Parks and Recreation Commission met on June 21, 2005. Members present were: Charles Sandy, Robert Hartman, P. W. Hillyard, TIT, Ronald Madagan, Cheryl Swartz, Larry Sullivan Items Requiring Board of Supervisors Action: 1. None Submitted for Board Information Only: 1. Winchester Youth Soccer Club (Cosponsor Request) - Mr. Hartman moved to approve the Winchester Youth Soccer Club's request for co-sponsorship, operating under the umbrella of Blue Ridge Youth Soccer Association, second by Mr. Sandy, carried unanimously (6-0). PUBLIC WORKS COMMITTEE REPORT - APPROVED The Public Works Committee met on Tuesday, June 28, 2005 at 8:00 a.m. All members were present except Stan Crockett and Gary Dove. The following items were discussed: ***Items Requiring Action*** 1. Proposed Aquatics Center - Approved A closed session was convened under the PPEA process to review proposals from the Minute Book Number 31 Board of Supervisors Regular Meeting of 07/13/05 016 Shockey Company and Lantz Company of Winchester, Inc. related to the design and construction of the proposed aquatics center. After reconvening from the closed session, the committee unanimously approved a motion to proceed with negotiating with the Lantz Construction Company of Winchester, Inc. team under the PPEA format to design and construct the new aquatics center. Upon a motion by Supervisor Tyler, seconded by Supervisor Forrester, the Board approved the above recommendation 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 Supervisor Ewing stated that he would like to see the County try to pay for this project out of proffer money instead of the County General Fund. Administrator Riley responded that staff would do the research to see if this could be accomplished. Vice-Chairman Dove advised that Parks & Recreation has stated this is one of their objectives. 2. Modifications to Erosion and Sediment Control Ordinance - ADD roved to Send to Public Hearinl:. The Committee reviewed and unanimously approved modifications to the erosion and sediment control ordinance. These modifications had been reviewed and revised by Mr. Bob Mitchell, legal counsel, in accordance with previous direction from the Board of Supervisors. Upon a motion by Supervisor Tyler, seconded by Vice-Chairman Dove, the Board approved sending these proposed amendments forward for public hearing. 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. ShawneeLand Sanitarv District (SSm Advisorv Committee - Approved Mr. George Ludwig presented the following names for the Board of Supervisors' consideration and approval to fill the vacant seats of the SSD Advisory Committee: George Shufflebotham, Ann Stuart, Clare Mullett, David Beeler, and Jack Black. Upon a motion by Supervisor Tyler, seconded by Supervisor Van Osten, the Board appointed the above individuals to the Shawneeland Sanitary District Advisory Committee. Minute Book Number 31 Board of Supervisors Regular Meeting of 07113/05 017 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 Administrator Riley advised that the Board should address the issue of staggering the terms of each member so they would not expire simultaneously. Upon a motion by Supervisor Tyler, seconded by Supervisor Van Osten, the Board approved an initial two year term for three members and a one year term for two members. All subsequent appointments will be for a full term. 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 4. Carry Forward and Supplemental Appropriation Requests: En~ineerin~ and Gypsy Moth Bud~ets - Approved and Gypsy Moth Bud~et Request Forwarded to Finance Committee The Deputy Director of Public Works presented the following carry forward and supplemental appropriation requests which are highlighted in the attached memorandum dated June 22,2005; Engineering budget: $5,000 to supplement purchase of new vehicle III Fiscal Year 2005/2006; Upon a motion by Supervisor Tyler, seconded by Supervisor Forrester, the Board approve the above request by the following recorded vote: Richard C. Shickle Aye Gary W. Dove Aye Bill M. Ewing Aye Gene E. Fisher Aye Gina A. Forrester Aye Lynda 1. Tyler Aye Barbara E. Van Osten Aye $20,892 to cover costs of ongoing Architectural/Engineering services for the design of the new animal shelter. Upon a motion by Supervisor Tyler, seconded by Supervisor Forrester, the Board approved Minute Book Nnmber 31 Board of Supervisors Regular Meeting of 07/13/05 018 the above request by the following recorded vote: Richard C. Shickle Aye Gary W. Dove Aye Bill M. Ewing Aye Gene E. Fisher Aye Gina A. Forrester Aye Lynda 1. Tyler Aye Barbara E. Van Osten Aye Gypsy Moth budget: $44,000 for spraying and extra help for Gypsy Moth egg survey. The Committee unanimously endorsed the above requests. The Gypsy Moth budget request was referred to the Finance Committee for consideration. ***Items Not Requiring Action*** 1. Bids for Landfill Projects The Director of Public Works presented the bid results for three (3) combined earthwork projects at the regional landfill. These projects included modifications to the landfill entrance road, rough grading, and road improvements for the new citizens' convenience site and the construction of a haul road to reach property located in Clarke County. The low bidder was Perry Engineering Company, Inc. in the amount of $2,292,168. Sufficient funds are available in the Fiscal Year 2005/2006 budget to cover the cost ofthe projects. A contract will be awarded on or about July I, 2005. 2. Upl:rade to Citizens' Convenience Site at Clearbrook The Director of Public Works presented a plan to upgrade the existing clearbrook convenience site from one (1) to two (2) compactors and provide better access. The expansion would occur on property owned by Global Stone chemstone Corporation. Their plant manager has indicated a willingness to provide sufficient property for the new site. They have also indicated that they would provide some earthwork services and some of the required base stone. Staff is proposing to use carryforward funding from the Fiscal Year Budget 2004/2005 budget to achieve these improvements. After discussing this issue at length, the committee decided to defer action on the earry forward request until the exact location of the new site could be established. 3. Permission Letters At the request of Lynda Tyler, the Solid Waste Manager prepared a document outlining our policy for granting permission to property owners who do not display a county decal to utilize our trash disposal facilities. Ms. Tyler expressed concerns that out-of-state residents are using our citizens' convenience areas to dispose of their refuse. The attached memorandum dated June 23, 2005, highlights our current policy for addressing this issue. After discussing the issue at length, it was decided to investigate the use of a dump sticker which would be issued on an annual basis and could be promptly displayed on the user's vehicle and could easily be viewed by the attendant at the site. 4. Miscellaneous Reports a. Tonnage Report: Landfill (Attachment 6) b. Recycling Report (Attachment 7) Miuute Book Number 31 Board of Supcrvisors Rcgular Mceting of 07/13/05 019 c. Animal Shelter Dog Report (Attachment 8) d. Animal Shelter Cat Report (Attachment 9) JOINT FINANCE COMMITTEE REPORT - APPROVED The Joint Finance Committee met on Wednesday, July 13,2005, 8:00 A.M., in the First Floor Conference Room, County Administration Building, 107 North Kent Street, Winchester, Virginia. Present were Board of Supervisors Chairman Richard C. Shickle, Supervisor Bill M. Ewing, County Administrator John R. Riley, Jr., President of City Council Charles T. Gaynor, Councilman Jeffrey B. Buettner, City Manager Edwin C. Daley and City Finance Director Mary Blowe. County Finance Director Cheryl Shiffler was absent due to vacation. The committee submits the following: 1. Discussion of Tourism Budl!et - The Joint Finance Committee discussed with the Tourism Director the background material surrounding the tourism budget. The Committee recommends that the four museums be funded separately at $25,000.00 each and that each locality fund the tourism budget at $100,500.00 each. The Joint Finance Committee expects goals and objectives that will establish measurable input. The Tourism Board is invited baek at the next Joint Finanee Committee meeting to present new budget initiatives for additional funding. (See Attached.) Upon a motion by Supervisor Tyler, seconded by Supervisor Van Osten, the Board approved the above recommendation by the following recorded vote: Richard C. Shickle Aye Gary W. Dove Aye Bill M. Ewing Aye Gene E. Fisher Aye Gina A. Forrester Aye Lynda J. Tyler Aye Barbara E. Van Osten Aye 2. Discussion of the Proposed Aquatics Facility - The City expressed a desire to participate in the PPEA review process with tentative funding agreement based on population that would be at the end of a three year period based on usership. 3. Discussion of Nutrient Loadinl! - The Joint Finance Committee instructed the County Administrator and City Manager to arrange a joint luncheon work session to discuss nutrient loading issues raised by Frederick-Winchester Service Authority and Frederick County Sanitation Authority. 4. Next Meetinl: ofthe Joint Finance Committee - The next meeting ofthe Joint Finance Committee will be held on Thursday, September I, 2005 beginning at 9:00 a.m. in the Winchester City Council Chambers, Rouss City Hall, 15 N. Cameron Street. PUBLIC HEARING PUBLIC HEARING - AN ORDINANCE TO AMEND THE FREDERICK COUNTY CODE. CHAPTER 7. ELECTIONS: ARTICLE II. ELECTION PRECINCTS: SECTION 7-7. PRECINCTS AND RESPECTIVE POLLING PLACES ENUMERATED. THE PURPOSE OF THIS PROPOSED AMENDMENT IS TO RELOCATE A POLLING PLACE IN THE GAINESBORO MAGISTERIAL DISTRICT: TO RELOCATE THE GAINESBOROUGH PRECINCT POLLING PLACE FROM THE GAINESBORO ELEMENTARY SCHOOL TO THE GAINESBORO FIRE HALL - APPROVED Minute Book Number 31 Board of Supervisors Regular Meeting of 07/13/05 020 Administrator Riley advised that this was a request from the Electoral Board to relocate the Gainesborough Precinct polling place from Gainesboro School to the Gainesboro Fire Hall. Chairman Shickle convened the public hearing. There were no public comments. Chairman Shickle closed the public comments. Upon a motion by Vice-Chairman Dove, seconded by Supervisor Forrester, the Board adopted the ordinance amending Frcdcrick County Code, Chapter 7, Elections: Article II, Election Precincts; Section 7-7, Precincts and Respective Polling Places Enumerated. BE IT ORDAINED, that Chapter 7, Elections; Article II, Election Precincts; Section 7-7, Precincts and Respective Polling Places Enumerated, be amended to read as follows: ~ 7.7. Precincts and respective polling places enumerated. B. Gainesboro Magisterial District Precinct Gainesborough Precinct Polling Place GainG5bvlO DkmwliHy Sd.uvl Gainesboro Fire Hall 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 - TO CONSIDER A REOUEST BY PATTON. HARRIS. RUST AND ASSOCIATES TO INCLUDE APPROXIMATELY 79 ACRES OF LAND INTO THE SEWER AND WATER SERVICE AREA (SWSA) AND APPROXIMA TEL Y 57 ACRES OF THAT LAND INTO THE URBAN DEVELOPMENT AREA (UDA). ALSO. TO CONSIDER A PROPOSED TASKER WOODS LAND USE PLAN (TWLUP). WHICH WOULD BECOME AN ELEMENT OF THE COMPREHENSIVE POLICY PLAN. THE PROPERTIES ARE LOCATED NORTH OF TASKER ROAD (ROUTE 642). EAST OF MACEDONIA CHURCH ROAD AND WEST OF FRONT ROYAL PIKE (ROUTE 522). THE SUBJECT PROPERTIES ARE IDENTIFIED BY PROPERTY IDENTIFICATION NUMBERS (PINS) 76-A-49 AND 76-=A-48A IN THE SHAWNEE MAGISTERIAL DISTRICT. - APPROVED Senior Planner Susan Eddy appeared before the Board on behalf ofthis item. She advised that this was a request to include two parcels containing 79 and 57 acrcs into the Urban Development Area and Sewer and Water Service Area. As part ofthis application, the Board would Minute Book Number 31 Board of Supervisors Regular Meeting of 07/13/05 021 also be considering the Tasker Woods Land Use Plan. This revised land use plan caIls for mixed use residential/commercial. The residential portion wiIl be located to the north of the existing intermittent stream and wilI consist of single-family detached and townhouses. Commercial development wiIl be located to the south, adjacent to existing commercial development. It is recommended that the UDA and SWSA boundaries be extended to cover the residential portion of the property, and the SWSA boundary should be extended to cover the proposed commercial development. Senior Planner Eddy went on to say that a new major coIlector road and a lighted intersection wiIl be constructed by the developer. The Planning Commission reviewed the application and recommended approval of the UDA and SWSA expansions as weIl as the Tasker Woods Land Use Plan. Chairman Shickle convened the public hearing. Harry Newman, Shawnee District resident, adjoining property owner, and representative for Macedonia United Methodist Church and Cantor Estates Homeowners Association, appeared before the Board in support of this proposal as it conforms to the existing area. There being no further comments, Chairman Shickle closed the public hearing. Upon a motion by Supervisor Fisher, seconded by Supervisor Ewing, the Board approved the Tasker Woods Land Use Plan and 79 acre expansion ofthc Sewer and Water Service Area and 57 acre expansion of the Urban Development Area. The above motion was approved by the foIlowing recorded vote: Richard C. Shickle Aye Gary W. Dove Aye BiIl M. Ewing Aye Gene E. Fisher Aye Gina A. Forrester Nay Lynda J. Tylcr Aye Barbara E. Van Osten Aye OTHER PLANNING ITEMS DISCUSSION - RURAL AREAS STUDY Senior Planner Susan Eddy appeared bcfore the Board on behalf of this item. She advised that the original draft plan was set aside by the Board to all ow an ad hoc committec to dcvelop an alternative proposal. The draft being reviewed tonight is very different from the original and ad hoc committee proposals. This version is based upon the land use table that was sent forth to the CPPS Minute Book Number 31 Board of Supervisors Regular Meeting of 07/13/05 022 by the Board of Supervisors. Staff modified the CPPS proposal to reflect the information in the table. Senior Planner Eddy then reviewed the rcvised plan: The plan retains the green infrastructure provision. The latest version "encourages" protection of the natural environment. The plan discusses the need for future study of the rural community centers. The biggest change is the development proposal. The phasing provision has been eliminated, but the two current development options have been maintained. The new plan adds a third development option: rezoning. An applicant can voluntarily rezone rural area parcels to rural residential. This would allow the County to seek proffers and off-site road improvements. The owner could also gain density as smaller lots would be allowed. Communal water and sewer systems are proposed. Senior Planner Eddy noted that Lord Fairfax Soil and Water Conservation District did not want to participate in the environmental review of rural residential rezoning proposals. She went on to say that the CPPS raised serious concerns about this proposal. The Planning Commission also raised concerns. Thc chief comments relative to this proposal werc: It is a weak plan. It encourages growth. There is not support for package treatment plants. The proposal directs growth to the Rural Areas instead of the Urban Development Area. The rural community centers need to be studied further. She concluded by saying that staff is seeking comments from the Board; however, this item can be schedulcd for public hearing if the Board desires. Supervisor Forrester asked why the Soil and Water Conservation District would not participate in the review process. Administrator Riley stated that hc too was puzzled by this comment, especially since the County was the District's fiscal agent. He asked to know their reasoning behind the statement. Senior Planner Eddy read the following statement from the Soil and Water Conservation District "the sentiment among our group is that if we are reviewing plans for development in the rural area, we have already lost the battle." The Board felt it would be appropriate to scnd a letter to the Soil and Water Conservation District stating the Board's position relative to the District's involvement in this process. Minute Book Number 31 Board of Supervisors Regular Meeting of 07/13/05 023 Supervisor Tyler stated that she felt a work session with the large landowners was in order, as there were issues that needed further discussion such as, roads, fencing, set backs, and lot size. Supervisor Van Osten stated that in general, she favored a plan with options. She believed there was an opportunity to improve this proposal. She felt the rezoning option was premature because there was a need to study the Rural Community Centers. She wanted to table the communal system option until more information is available. She favored the five acre by right. She concluded by saying that the green infrastructure needs to have some teeth because, as it is currently proposed, the only requirement is clustering of homes. Vice-Chairman Dove agreed with the need for a work session. He believed this proposal was a beginning. He had no problems with the five acre by right, but felt it was a mistake to give density bonuses. He believed the rezoning option was a good beginning to where the Board needed to go because the County needed the new houses to pay for required infrastructure. He concluded by saying that he would favor a 10% density bonus for a 60% set aside. Supervisor Forrester echoed a lot ofthe comments already stated. She felt the archaeological features within the rural areas needed to be preserved and the Board needed to be consistent in its planning. Supervisor Ewing felt there were still a number of unanswered questions in this proposal and that it would take time to get them addressed. Supervisor Fisher stated that this was a complicated and intricatc process, but it would give the County something to grow on where ever it ends up. He went on to say that rezoning was about the only control the Board has. Chairman Shickle asked if anyone identiiied issues not covered in the spread sheet. Supervisor Tyler complimented Chairman Shickle for putting this sheet together. She went on to say that one issue that keeps coming up is the Rural Community Centers. She concluded by saying that it might be good to get more density in these areas. Supervisor Van Osten asked how long a process to study the Rural Community Centers would take. Senior Planner Eddy responded that the study could focus on four or five and should be completed in less than one year. Minute Book Number 31 Board of Supervisors Regular Meeting of 07/13/05 024 Supervisor Van Osten asked ifthe Board could get the Rural Community Centers identified on a map along with population details. She also felt a field trip with Planning staff to review where these centers are now would be appropriate. Chairman Shickle asked the Board to edit the spreadsheet and get the results to staff for tabulation. Supervisor Tyler stated that the Board was going to have to be educated on a number of these Issues. Supervisor Van Osten stated that she would like more information on Total Maximum Daily Loading before working out the aspects of the rezoning proposal. Chairman Shickle stated that he felt the Board needed to take hold ofthis issue and go with it instead of sending it back. He asked that the Board take 30 days to ponder this proposal after which the Board will determine where everyone is relative to it and how the Board will proceed. BOARD LIAISON REPORTS Supervisor Van Osten reported on the Air Quality Task Force and the appointment of Gloria Puffinberger as the Countywide Clean Air Coordinator. Supervisor Forrester advised that the Handley Library wanted to be an active participant in the UDA study. CITIZEN COMMENTS There were no citizen comments. BOARD OF SUPERVISORS COMMENTS Vice-Chairman Dove thanked the Board for the support and flowers following the death of his mother. 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. (8:40 P.M.) Minute Book Number 31 Board of Supervisors Regular Meeting of 07/13/05 025 -. Joil5.(~ Clerk, Board of Supervisors \2~1 c~s: Jt , Richard C. Shickle Chairman, Board of Supervisors Minutes Prepared By: n ~ G ~J. J.." :J;ryi. T bs Deputy Clerk, Board of Supervisors Minute Book Number 31 Board of Supervisors Regular Meeting of 07/13/05