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HomeMy WebLinkAboutAugust 10, 2005 Regular Meeting 026 A Regular Meeting ofthe Frederick County Board of Supervisors was held on Wednesday, August 10,2005, at 5 :00 P.M., in the Board of Supervisors ' Meeting Room, County Administration Building, 107 North Kent Street, Winchester, Virginia. PRESENT Chairman Richard C. Shickle; Vice Chairman Gary W. Dove; Bill M. Ewing; Gene E. Fisher; Gina A. Forrester; Lynda J. Tyler; and Barbara E. Van Osten. CALL TO ORDER Chairman Shickle called the meeting to order. INVOCATION Barbara Roby, Associate Minister, People's Country Church, delivered the Invocation. PLEDGE OF ALLEGIANCE Vice-Chairman Dove led the Pledge of Allegiance. ADOPTION OF AGENDA - APPROVED AS AMENDED County Administrator John R. Riley, Jr. offered the following amendments to the Board's agenda: A request from the applicant to postpone rezoning #11-05, Carper's Valley until the September meeting. A request from the applicant to postpone rezoning #01-05, Russell 150, LC for ninety days. Addition of the approval of the bid for construction of the new animal shelter, item #5 under County Officials; Addition of a carry forward request for renovations to the Old Courthouse, item #6 under County Officials. Upon a motion by Supervisor Tyler, seconded by Vice-Chairman Dove, the Board approved the agenda as amended. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Gary W. Dove Aye Bill M. Ewing Aye Gene E. Fisher Aye Gina A. Forrester Aye Lynda J. Tyler Aye Barbara E. Van Osten Aye CONSENT AGENDA - APPROVED Minute Book Number 31 Board of Supervisors Regular Meeting of 08/10/05 027 Administrator Riley offered the following items for the Board's consideration under the consent agenda: Request to reinstate the September 14,2005 board meeting - Tab C; Waiver request of Charles and Thelma Snapp - Tab R; Road Resolution - Sovereign Village, Sections II, IlA, and lIB - Tab T. Upon a motion by Supervisor Ewing, seconded by Supervisor Forrester, the Board approved the consent agenda. Thc 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. Tylcr Aye Barbara E. Van Osten Aye CITIZEN COMMENTS Evan Wyatt, Shawnee District, appeared before the Board regarding the proposed Middletown Boundary Line Adjustment. He advised that Greenway Engineering had worked with the property owners on the south side oftown during the Foresight Middletown process. He was present tonight on their behalf to request the Board's support for Option II. Margaret Douglas, Back Creek District, appeared before the Board regarding the RA Study. She advised that the ad hoc committee would like to have a work session with the Board in order to present their findings and answer any questions the Board might have. Gary Oates, Stonewall District, appeared before the Board regarding the RA Study. He again called the Board's attention to the issues and concerns surrounding the proposed rezoning option and package treatment plants. He stated his opposition to the density bonuses within the rezoning option. He went on to say that package treatment plants emptying into the ground were not feasible in this area. He concluded by saying that, as a citizen, he did not want to see this option approved. BOARD OF SUPERVISORS COMMENTS There were no Board of Supervisors comments. MINUTES-APPROVED Minute Book Number 31 Board of Supervisors Regular Meeting of 08/1 0/05 028 Upon a motion by Supervisor Tyler, seconded by Vice-Chairman Dove, the minutes from the July 11,2005 work session were approved by the following recorded vote: Richard C. Shickle Gary W. Dove Bill M. Ewing Gene E. Fisher Gina A. Forrester Lynda 1. Tyler Barbara E. Van Osten Abstained Aye Aye Aye Aye Aye Aye Upon a motion by Vice-Chairman Dove, seconded by Supervisor Tyler, the minutes from the July 13,2005 Regular Meeting 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 REAPPOINTMENT OF BARBARA E. VAN OSTEN AS BOARD OF SUPERVISORS MEMBER OF THE REGIONAL JAIL AUTHORITY. - APPROVED Upon a motion by Supervisor Tyler, seconded by Supervisor Forrester, the Board reappointed Barbara E. Van Osten to serve as Board of Supervisors Member ofthe Regional Jail Authority, for a four year term, said term to expire October 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 REQUEST TO REINSTATE THE SEPTEMBER 14. 2005 BOARD MEETING- APPROVED UNDER CONSENT AGENDA The Board reinstated the September 14,2005 Board Meeting. This item was approved under the consent agenda. RESOLUTION (#008-05) APPROVING THE ADVANCEMENT OF PROPOSAL FOR A NEW INDOOR AQUATIC FACILITY PURSUANT TO THE PUBLIC- PRIVATE EDUCATION FACILITIES AND INFRASTRUCTURE ACT OF 2002- APPROVED Upon a motion by Vice-Chairman Dove, seconded by Supervisor Forrester, the Board Minute Book Number 31 Board of Supervisors Regular Meeting of 08/10/05 029 approved the Resolution Approving the Advancement of Proposal for a New Indoor Aquatic Facility Pursuant to the Public-Private Education Facilities and Infrastructure Act of 2002. WHEREAS, Frederick County, Vifginia (the "County") has an urgent need for a new Indoor Aquatic Facility due to the increased demand for citizen programming and the need for an instructional facility; and WHEREAS, the County has made a new Indoor Aquatic Facility a top priority in its Capital Improvement Program; and WHEREAS, the General Assembly enacted the Public-Private Education Facilities and Infrastructure Act of2002 (the "PPEA"), which provides an alternative to traditional methods for procurement of certain public facilities and infrastructure; and WHEREAS, the County adopted its implementation procedures for the PPEA in July 2003; and WHEREAS, the County subsequently received an unsolicited conceptual proposal pursuant to the PPEA for the design, construction, and furnishing of a new Indoor Aquatic Facility (the "Project"); and WHEREAS, the County accepted the unsolicited proposal and offered notice that it would accept for simultaneous consideration any competing proposals; and WHEREAS, the County received additional conceptual-phase proposals from two other offerors for the Project; NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS: 1. The County Board of Supervisors (the "Board") hereby determines that proceeding with procurement of the Project under the PPEA is likely to be advantageous to the public and that use of "competitive negotiation" procedures under the PPEA for the Project is likely to be more advantageous to the County and the public based upon (i) the probable scope, complexity or urgency of the project, or (ii) risk sharing, added value, an increase in funding or economic benefit from the Project that would not otherwise be available; and 2. The Board hereby determines that the offeror team led by Lantz Construction Company of Winchester, Inc. shall move to the detailed stage in accordance with Section 56-575.16 (2) of the PPEA Act; and 3. The Board hereby directs the Director of Parks and Recreation to (i) request that the Lantz Construction Company of Winchester, Inc. team submit to the County a detailed stage proposal not later than August 31,2005, to include information requested by the Director of Parks and Recreation as he shall deem appropriate, and (ii) work with the Director of Public Works to coordinate the process for review of such detailed proposal. ADOPTED this lOth day of August, 2005. 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 J. Tyler Aye Barbara E. Van Osten Aye Minute Book Number 31 Board of Supervisors Regular Meeting of 08/10/05 030 TOWN OF MIDDLETOWN BOUNDARY LINE ADJUSTMENT REOUEST RESOLUTION (#002-05) AUTHORIZING ADOPTION OF JOINT AGREEMENT FOR ADMINISTRATION OF PROFFERS - APPROVED Administrator Riley advised that execution of this agreement would enable the Town of Middletown to collect proffers on behalf of the County. He went on to say that the Town Council ofthe Town of Middletown has endorsed Option II. He concluded by saying the amount of property proposed for annexation was significantly less than the original study area. Mr. Clay Athey appeared before the Board on behalf of the Town of Middletown and advised that the Board action being requested was to first authorize the Chairman to execute the proffer agreement. The second action was to select one ofthe two boundary line adjustment proposals and advertise the corresponding agreement for public hearing. Upon a motion by Supervisor Van Osten, seconded by Supervisor Tyler, the Board approved the Resolution Authorizing Adoption of the Joint Agreement for Administration of Proffers. WHEREAS, the Town of Middletown and the County of Frederick have enjoyed a cooperative relationship over many years; and WHEREAS, both the Town of Middletown and the County of Frederick recognize that development within the corporate boundaries of Middletown creates additional service obligations for the County of Frederick; and WHEREAS, the citizens ofthe Town of Middletown utilize many services provided by the County of Frederick, including but not limited to, public schools, recreation facilities, fire protection assistance and assistance in police protection; and WHEREAS, in recognition of the historically cooperative relationship between the Town of Middletown and Frederick County, the Town Council adopted during its June 13,2005 meeting an ordinance pursuant to Section 15.2-1300 which authorizes the Town of Middletown to collect proffers on behalf of Frederick County; and WHEREAS, in order to permit Middletown to begin collecting proffers for Frederick County, a Joint Agreement for Administration of Proffers collected must be entered into by the Town of Middletown and the County of Frederick; and WHEREAS, the proposed Joint Agreement for Administration of Proffers between the Town of Middletown and the County of Frederick is attached to this Resolution as Exhibit 1 and made a part hereof; NOW, THEREFORE BE IT RESOLVED by the Board of Supervisors of Frederick County, in a meeting held on the 10th day of August, 2005; 1. The Board of Supervisors of Frederick County, by this Resolution, expresses its intent to enter into the Joint Agreement for Administration of Proffers with the Town of Middletown; said Agreement bcing attached to this Resolution as Exhibit 1. 2. By this Resolution, the Frederick County Board of Supervisors approve this Joint Agreement for Administration of Proffers and authorize their Chairman, Richard C. Shickle, to execute two originals of the Joint Agreement and return one original to the Town of Middletown to Minute Book Number 31 Board of Supervisors Regular Meeting of 08/10/05 031 be placed on record in the Town Clerk's Office. IN WITNESS WHEREOF, the Frederick County Board of Supervisors have caused this Resolution to be duly executed on its behalf by its Chairman and attested by its Clerk. JOINT AGREEMENT FOR ADMINISTRATION OF PROFFERS THIS JOINT AGREEMENT, dated this ~ day of August, 2005, by and between the TOWN OF MIDDLETOWN, VIRGINIA ("Town") and the COUNTY OF FREDERICK, VIRGINIA ("County"). WHEREAS, the Town has adopted conditional zoning provisions in its zoning ordinance; and WHEREAS, under such conditional zoning provisions the Town may accept proffered conditions in zoning actions taken by the Town, including but not limited to, accepting proffers for the benefit of the County; and WHEREAS, pursuant to Virginia Code Section 15.2-1300 the Town and County desire to enter into this Joint Agreement to provide for the Town to accept proffers for the benefit of the County, for the enforcement and administration of proffers accepted by the Town for the benefit of the County and for the County to provide data to the Town for the Town's use in conditional zomngs. NOW, THEREFORE, the Town and the County do hereby jointly agree as follows: 1. The duration of this joint agreement shall be twenty (20) years, and may be renewed by ordinance adopted by both jurisdictions. 2. The purpose ofthis Joint Agreement is to provide for the Town to accept proffers for the benefit ofthe County and to provide for the enforcement and administration of proffers accepted by the Town for the benefit ofthe County. 3. The parties do not anticipate additional costs related to this joint agreement. 4. Upon the filing with the Town of an application for a rezoning, the Town shall provide to the County a copy of the rezoning application. 5. The County may provide the Town with information concerning the County's calculation of the net cost to the County of public facilities and services which would be generated by the proposed rezoning, and the fiscal impact to the County ofthe proposed rezoning, based on the County's fiscal impact model which information the Town may use in any discussions concerning proffer offers in conjunction with the proposed rezoning. 6. The Town may accept proffers for the benefit of the County. 7. Administration of Proffers. A. Proffers accepted by the Town for the benefit ofthe County, both monetary and non- monetary, shall be received and administered by the Town, subject to the terms of this Agreement. B. Cash proffers for the benefit ofthe County for facilities to be provided by the County shall be paid by the Town to the County as such proffer payments are made. 8. Enforcement of Proffers A. It is the intent of the Town and the County that the cost of enforcement of proffers, to include, without limitation, attorney fees, court costs, and expert witness fees, Minute Book Number 31 Board of Supervisors Regular Meeting of 08/10105 032 shall be borne by the jurisdiction benefitting from the proffer. B. For monetary proffers, the cost of enforcement shall be borne by the jurisdiction which is to receive the monetary proffer. If monetary proffers are to be received in part by both jurisdictions, the cost of enforcement shall be shared by the jurisdictions pro rata upon the amount of monetary proffer claimed by each jurisdiction. C. The cost of enforcement of non-monetary proffers shall be borne by the jurisdiction to be primarily benefitted from the non-monetary proffer. D. For circumstances not clearly covered by subparagraph B or C above, the Town and County agree to cooperate in good faith to carry out the intent as set forth in subparagraph A, above. E. In the event the Town is unable or fails for any reason to enforce proffers on any property subject to this Agreement, the County shall have the right to enforce such proffers, with the recipient of cash proffers and the allocation of the expense of cnforcement to be as set forth in this Agreement. 9. The Town and County recognize that future proffers may be of a kind not expressly anticipated by this Agreement. The Town and County agree to use their best efforts to handle proffers consistent with the basis of the proffers and the terms of the proffers. The Town and County further agree to amend this Agreement in the future, where necessary, to address issues not addressed by this Agreement including without limitation, proffers which exist on property when the property comes into the Town by annexation or boundary line agreement. This Agreement also expressly covers any lands which come into the Town by annexation or boundary line agreement following the execution of this Agreement. 10. The County shall be responsible for the reporting requirements under Virginia Code Section 15.2-2303.3 for cash proffers collected by the Town and paid to the County pursuant to this Agreement. 11. In the event this Agreement is termi nated prior to the payment of all monetary proffers for the benefit of the County, such monetary proffers will continue to be paid by the Town to the County as such proffer payments are made. In the event this Agreement is terminated prior to completion of non-monetary proffers for the benefit ofthe County, such non-monetary proffers shall continue to be enforced as set forth in Paragraph 8, above. Witness the following signatures and seals: Approved by the Middletown Town Council On ,2005 By: GENE DICKS, Mayor (Seal) Approved by the Frederick County Board of Supervisors COUNTY OF FREDERICK, VIRGINIA On ,2005 By: (Seal) RICHARD SHICKLE, Chairman The above motion was approved by the following recorded vote: Minute Book Number 31 Board of Supervisors Regular Meeting of 08/10/05 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 RESOLUTION (#003-05) AUTHORIZING ADVERTISEMENT OF PUBLIC HEARING TO ADOPT AGREEMENT TO RELOCATE THE BOUNDARY LINE BETWEEN THE TOWN OF MIDDLETOWN AND THE COUNTY OF FREDERICK - APPROVED OPTION 2 Upon a motion by Supervisor Van Osten, seconded by Supervisor Ewing, the Board adopted the Resolution Authorizing Advertisement of Public Hearing to Adopt Option 2 Agreement to Relocate the Boundary Line Between the Town of Middletown and the County of Frederick. WHEREAS, the County of Frederick and the Town of Middletown have engaged in discussions over the last few years attempting to relocate the boundary line between them; and WHEREAS, at the direction of the County of Frederick, the Council for the Town of Middletown appointed the Foresight Middletown Committee which developed a comprehensive future land use plan for approximately 310 acres of land located generally to the North and South of the current boundary of the Town; and WHEREAS, Back Creek Supervisor, Barbara Van Osten, participated in the development of the Foresight Middletown Plan; and WHEREAS, numerous meetings, which were well attended by citizens of both Middletown and Frederick County, took place at Lord Fairfax Community College; and WHEREAS, the Foresight Middletown Committee held numerous additional public meetings in developing the Foresight Middletown Plan; and WHEREAS, as a result of the numerous public meetings and the Foresight Middletown Future Land Use Plan was finally adopted by the Middletown Town Council at its meeting on February 14,2005; and WHEREAS, the Frederick County Board of Supervisors then appointed Back Creek District Supervisor, Barbara Van Osten, and Opequon District Supervisor, Bill Ewing, as a Liaison Committee to facilitate an agreement to relocate the boundary; and WHEREAS, at Frederick County's request, the Middletown Town Council adopted the future land use proposals contained in the Foresight Middletown Land Use Plan into its Comprehensive Plan; and WHEREAS, the Board of Supervisors of Frederick County is prepared to express its intent to adopt an Agreement to Relocate the Boundary Line between the Town of Middletown and the County of Frederick which provides that certain territory which is located North of Middletown and contains 4 parcels totaling approximately 64.17 acres would be incorporated into the boundaries of the Town of Middletown (Option 1); and WHEREAS, a draft Agreement for consideration by the Town of Middletown and Frederick County effectuating an Agreement to Relocate the Boundary Line between the Town of Middletown and Frederick County utilizing (Option 1) is attached to this Resolution and made a part hereof as Exhibit A; and Minute Book Number 31 Board of Supervisors Regular Meeting of 08/10/05 033 034 WHEREAS, Section 15.2-3107 and Section 15.2-3108 of the Code of Virginia 1950, as amended, requires that both Frederick County and the Town of Middletown advertise their intention to adopt the Agreement to Relocate the Boundary Line contemplated by this Resolution for two successive weeks in a newspaper having general circulation within both localities; and WHEREAS, the public advertisement for adoption of an Agreement to relocate the boundary line must include a general description of the proposed Agreement, a description of the revised boundary line, and notice that a copy of the proposed Agreement is available for public review in the office of the Clerk of Middletown and the County Administrator's office for the County of Frederick; and WHEREAS, following the public advertisement of the proposed Option 1 Agreement to Relocate the Boundary Line contemplated by this Resolution, both the Town of Middletown and the County of Frederick must hold a public hearing before adopting such proposed Agreement; and WHEREAS, Section 15.2-3108 of the Code of Virginia, 1950, as amended provides a procedure for Circuit Court of Frederick County to accept evidence regarding the proposed relocation of the boundary and by Order to designate and establish any new boundary line resulting from the adoption after public hearings of the Agreement to Relocate the Boundary Line contemplated by this Resolution. NOW, THEREFORE, BE IT RESOLVED by the Frederick County Board of Supervisors, in a meeting held on the 10th day of August, 2005; 1. By this Resolution, the Board of Supervisors of the County of Frederick expresses its intent to approve an agreement with the Town of Middletown to relocate its boundary as reflected in the Option 1 Agreement to Relocate the Boundary Line. (Exhibit A) 2. That the Board of Supervisors of Frederick County authorizes the Chairman and Clerk of the Board to advertise their intention to enter into the agreement in a newspaper of general circulation, pursuant to Section 15.2-3107 and 15.2-3108 of the Code of Virginia, 1950, as amended, by including in said advertisement the following: (1) their intention to enter into the agreement, (2) a general description of the agreement, (3) a description ofthe revised boundary line, and (4) notice that the proposed agreement is available for public review in the office of the Clerk of the Town of Middletown and the County Administrator's Office for the County of Frederick; IN WITNESS WHEREOF, the Board of Supervisors of the County of Frederick has caused this Resolution to be duly executed on its behalf by its Chairman and attested by its Clerk. 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 APPROVAL OF BID AND AUTHORIZATION OF CONSTRUCTION: CONSTRUCTION OF NEW ANIMAL SHELTER - (RESOLUTION #009-05) _ APPROVED Administrator Riley advised that bids were received for construction of the new Frederick County Animal Shelter. The low bid was received from Lantz Construction Company of Miuute Book Number 31 Board of Supervisors Regular Meetiug of 08/1 0105 035 Winchester, Inc. in the amount of $3,583,240.00. He advised that staff was requesting Board authorization to accept the low bid. Upon a motion by Supervisor Tyler, seconded by Supervisor Forrester, the Board accepted the bid from Lantz Construction Company of Winchester, Inc., for construction ofthe new animal shelter, in the amount of $3,583,240.00. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Gary W. Dove Aye Bill M. Ewing Aye Gene E. Fisher Aye Gina A. Forrester Aye Lynda 1. Tyler Aye Barbara E. Van Osten Aye Administrator Riley advised that a resolution had been prepared to allow the County to advance funds to begin construction ofthis project. The resolution further states the County's intent to reimburse itself for expended funds from bond proceeds once they are issued. He concluded by saying that it was staffs intent to package the public safety building and animal shelter into one bond issue. Chairman Shickle stated that he would like to see the words "tax exempt" bonds included in the resolution. Upon a motion by Supervisor Ewing, seconded by Vice-Chairman Dove, the Board amended the resolution to include tax exempt bonds. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Gary W. Dove Aye Bill M. Ewing Aye Gene E. Fisher Aye Gina A. F orrester Aye Lynda J. Tyler Aye Barbara E. Van Osten Aye Upon a motion by Supervisor Forrester, seconded by Supervisor Van Osten, the Board approved the amended Resolution of the Board of Supervisors of Frederick County, Virginia, Approving Construction and Declaring its Intention to Reimburse Itself from the Proceeds of a Financing for Certain Costs of a New Animal Shelter. WHEREAS, Frederick County has made a new Animal Shelter (the "Project") a priority in its Capital Improvement Program; and Minnte Book Number 31 Board of Supervisors Regular Meeting of 08/1 0/05 036 WHEREAS, the County offered notice that it was accepting sealed bids for the Project; and WHEREAS, staff have reviewed said bids and determined the lowest and most qualified firm; and WHEREAS, this Board has determined that it may be necessary or desirable to advance money to pay the costs of contract administration, construction, and equipping a new animal shelter. NOW, THEREFORE, BE IT RESOL VED BY THE BOARD OF SUPERVISORS OF FREDERICK COUNTY, VIRGINIA: 1. The Board determines that the team led by Lantz Construction Company of Winchester, Inc. shall be awarded the contract for construction of the Project. 2. a. The Board adopts this declaration of official intent under Treasury Regulations Section 1.150-2. b. The Board of Supervisors reasonably expects to reimburse advances made or to be made by the County to pay the costs of contract administration, construction, and equipping the Project from the proceeds of its tax exempt debt or other financings. The maximum amount of debt or other financing expected to be issued for contract administration, construction, and equipping the Project is $500,000. 3. The resolution shall take effect immediately upon its adoption. ADOPTED this loth day of August, 2005. 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 CARRY FORWARD REOUEST RE: RENOVATION OF OLD COUNTY COURTHOUSE-APPROVED Administrator Riley advised that this was a request to carry forward funds budgeted for renovations of the Old County Courthouse. Staff is requesting $24,468.06 to cover outstanding invoices for renovation work completed prior to June 30, 2005, but billed after July 1,2005. Upon a motion by Supervisor Tyler, seconded by Supervisor Forrester, the Board approved the above request by the following recorded vote: Richard C. Shickle Aye Gary W. Dove Aye Bill M. Ewing Aye Gene E. Fisher Aye Gina A. Forrester Aye Lynda J. Tyler Aye Barbara E. Van Osten Aye Miuute Book Number 31 Board of Supervisors Regular Meetiug of 08/10/05 037 COMMITTEE REPORTS PERSONNEL COMMITTEE REPORT - APPROVED AS PART OF THE FINANCE COMMITTEE REPORT The Personnel Committee met on Thursday, July 14,2005, with the following members present: Gina A. Forrester, Barbara Van Osten, Verne Collins, Phil Farley, and John Riley, Jr. The following request is recommended for approval by the Committee 4 to 1 with Mr. Riley objecting as these positions were not included in the original budget request and questioned the urgent need for them at this time. 1. Reauest from Winchester Re~ional Airport for two new Flij,!ht Line Technicians/Nil!:ht Shift positions. The night shift technicians to be placed in salary pay grade II, step 1, $23,371.00. No additional funding is required. (See Attachment A.) PUBLIC WORKS COMMITTEE REPORT - APPROVED The Public Works Committee met on Tuesday, July 26,2005, at 8:00 a.m. All members were present except George Ludwig and Bob Wells. The following items were discussed: ***Items Requiring Action*** 1. Sale of ShawneeLand Sanitary District Lots - AD proved Mr. Dave Burleson presented a brief update on the progress of the ShawneeLand Sanitary District lot sales. In response to direction from the Board of Supervisors, Mr. Bob Mitchell's services were engaged to review the contract submitted by the auctioneer company. His comments were, in turn, provided to the auctioneer to be incorporated in the final contract. A copy of the final contract is attached for the Board's review and action. Mr. Mitchell has reviewed and endorsed this revised contract. (Attachment A) Upon a motion by Supervisor Tyler, seconded by Supervisor Van Osten, the Board approved the contract with Auction Services Group, LLC, for the sale of the ShawneeLand Sanitary District lots. 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 J. Tyler Aye Barbara E. Van Osten Aye Upon a motion by Supervisor Van Osten, seconded by Supervisor Tyler, the Board set the minimum price at $3,000 per lot. 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 31 Board of Supervisors Regular Meeting of 08/1 0105 038 Gene E. Fisher Aye Gina A. Forrester Aye Lynda 1. Tyler Aye Barbara E. Van Osten Aye 2. New Animal Shelter The Director of Public Works presented a brief status report related to the design and construction ofthe new Frederick County Animal Shelter. A pre-bid meeting is scheduled for 2:00 p.m. on this day to review the design with the prospective bidders. Bids are due on August 9, 2005, on or before 2:00 p.m. These bids, along with other related project costs, will be submitted to the Board for their review prior to their meeting on August 10,2005. ***Items Not Requiring Action*** 1. Carrv Forward - Inspections Department The Building Official, Mr. John Trenary, requested a carry forward amount of$850 to cover the cost of uniforms ordered in the Fiscal Year 2004/2005. The Committee unanimously endorsed the request which will be forwarded to the Finance Committee for their review and action. (Attachment 1) 2. Carrv Forwards - Landfill The Committee reviewed and unanimously approved a carry forward request in the amount of $2,390,000 to cover the cost of the new convenience center, a new haul road and entrance improvements. A summary of the request is highlighted in the attached memorandum dated July 19,2005, from the landfill manager, My. Steve Frye. The request will be submitted to the Finance Committee for their review and action. (Attachment 2) 3. Carry Forward Request - Refuse Collection The Solid Waste Manager, Gloria Puffinburger, presented a request to carry forward funds from the Fiscal Year 200412005 budget to accommodate printing of a recycling calendar ($2,200) and to expand and improve the Clearbrook convenience site ($183,600). The attached memorandum provides justification for this request. Mr. John Riley suggested that we obtain a long-term lease from the Global Stone Chern Stone Corp prior to initiating the improvements. The Committee unanimously endorsed the request, which will be submitted to the Finance Committee for their review and action. (Attachment 3) 4. Miscellaneous Reports a. Tonnage Report: Landfill (Attachment 4) b. Recycling Report (Attachment 5) c. Animal Shelter Dog Report (Attachment 6) d. Animal Shelter Cat Report (Attachment 7) FINANCE COMMITTEE REPORT - APPROVED The Finance Committee met in the First Floor Conference Room at 107 North Kent Street on July 20,2005 at 8:00 a.m. Items 2, 4, 6, and 7 were approved under consent agenda. Committee member Gina Forrester was absent. Upon a motion by Supervisor Ewing, seconded by Supervisor Forrester, the Board approved Minute Book Number 31 Board of Supervisors Regular Meeting of 08110/05 039 the consent agenda by the following recorded vote: Richard C. Shickle Aye GaryW. Dove Aye Bill M. Ewing Aye Gene E. Fisher Aye Gina A. Forrester Aye Lynda J. Tyler Aye Barbara E. Van Osten Aye 1. The Assistant County Administrator requests a General Fund supplemental appropriation in the amount of $9.227.28. This amount represents a carry-forward to cover training and maintenance costs for the new phone system. See attached memo, p. 1. The Committee recommends approval. - Approved. Upon a motion by Supervisor Ewing, seconded by Supervisor Forrester, the Board approved the above request by the following recorded vote: Richard C. Shickle Aye Gary W. Dove Aye Bill M. Ewing Aye Gene E. Fisher Aye Gina A. Forrester Aye Lynda 1. Tyler Aye Barbara E. Van Osten Aye 2. The County Administrator requests a General Fund supplemental appropriation in the amount of$49.700. This amount represents a grant for a water resouree study. No additional local funds are needed. See attached letter, p. 2-3. The Committee recommends approval. - Approved Under Consent Agenda. 3. The Commissioner of the Revenue requests a General Fund supplemental appropriation in the amount of$2.344. 78. This amount represents a carry-forward to purchase two computers not yet received but ordered before the end of FY 2005. See attached memo, p. 4. The Committee recommends approval. - Approved. Upon a motion by Supervisor Ewing, seconded by Supervisor Forrester, the Board approved the above request by the following recorded vote: Richard C. Shickle Aye Gary W. Dove Aye Bill M. Ewing Aye Gene E. Fisher Aye Gina A. Forrester Aye Lynda J. Tyler Aye Barbara E. Van Osten Aye 4. The Director of Public Works requests a General Fund supplemental appropriation in the amount of $12.000. This amount represents proffers received in FY 2005 for solid waste. No additional local funds are needed. See attached memo, p. 5. The committee recommends approval. - Approved Under Consent Agenda. 5. The Director of Public Works requests a General Fund supplemental appropriation in the amount of$44.000. This amount represents a carry-forward to assist in Gypsy Moth treatment. See attached memo, p. 6-7. The Committee denied this request, but agreed that this request would be reconsidered in the Spring when actual costs associated with the Gypsy Moth spraying are more Miuute Book Number 31 Board of Supervisors Regular Meeting of 08/10105 040 known. - Approved. Upon a motion by Supervisor Ewing, seconded by Supervisor Forrester, the Board approved the above request by the following recorded vote: Richard C. Shickle Aye Gary W. Dove Aye Bill M. Ewing Aye Gene E. Fisher Aye Gina A. Forrester Aye Lynda J. Tyler Aye Barbara E. Van Osten Aye 6. The Sheriff requests a General Fund supplemental appropriation in the amount of $2.190.36. The Sheriff requests that unspent FY 2005 DARE funds be carried forward to FY 2006. See attached memo, p. 8-15. The Committee recommends approval. - Approved Under Consent Agenda. 7. The Sheriff requests a General Fund supplemental appropriation in the amount of $4.401.43. This amount represents a carry-forward of Forfeited Property/Seized Assets. No additional local funds are needed. See attached memo, p. 16. The Committee recommends approval. - Approved Under Consent Agenda. 8. The Juvenile Justice Court Services Director requests a General Fund supplemental appropriation in the amount of $2.000. This amount was unexpended in FY 2005. It is requested to supplement salaries that were previously supplemented with rev-max funding that is no longer available. See attached memo, p. 17-l8. The Committee recommends approval. - Approved. Upon a motion by Supervisor Ewing, seconded by Supervisor Forrester, the Board approved the above request by the following recorded vote: Richard C. Shickle Aye Gary W. Dove Aye Bill M. Ewing Aye Gene E. Fisher Aye Gina A. Forrester Aye Lynda J. Tyler Aye Barbara E. Van Osten Aye 9. The Division of Court Services Director requests a Court Services Fund supplemental appropriation in the amount of $8.284. This amount represents additional grant funds. No additional local funds are needed. See attached memo, p. 19-20. The Committee recommends approval. - Approved. Upon a motion by Supervisor Ewing, seconded by Supervisor Forrester, the Board approved the above request by the following recorded vote: Richard C. Shickle Aye Gary W. Dove Aye Bill M. Ewing Aye Gene E. Fisher Aye Gina A. Forrester Aye Lynda J. Tyler Aye Barbara E. Van Osten Aye Minute Book Nnmber 31 Board of Supervisors Regular Meeting of 08/10/05 041 10. The Regional Airport Director requests an Airport Ooerating Fund supplemental appropriation in the amount of$72.935. This amount represents the cost of two additional Flight Line Technicians needed due to the increase in after hours service by the air ambulance companies now based at the Winchester Regional Airport. This expense is offset by the increase in fuel sales anticipated by the two air ambulance companies. No additional local funds are needed. See attached memo, p. 21-23. The Committee recommends approval. - Approved. Upon a motion by Supervisor Ewing, seconded by Supervisor Forrester, the Board approved the above request by the following recorded vote: Richard C. Shickle Aye Gary W. Dove Aye Bill M. Ewing Aye Gene E. Fisher Aye Gina A. Forrester Aye Lynda J. Tyler Aye Barbara E. Van Osten Aye 11. Talking points have been provided by the Commissioner of the Revenue to start discussions on reassessment, land-use and tax relief. See attached information, p. 24-38. Further discussions will take place at next month's meeting. ***For Information Only*** 1. Attached is informationregarding a Staffing for Adequate Fire and Emergency Response (SAFER) Grant for Fire and Rescue. See attached information, p. 39-66. 2. The upcoming calendar is attached just as a reminder. PUBLIC HEARING PUBLIC HEARING - AN ORDINANCE TO AMEND THE FREDERICK COUNTY CODE. CHAPTER 79. EROSION AND SEDIMENT CONTROL. 79-1. PURPOSE. TITLE AND AUTHORITY: 79-2. DEFINITIONS: 79-3. LOCAL EROSION AND SEDIMENT CONTROL PROGRAM: AND 79-5. PERMITS. FEES, SECURITY FOR PERFORMANCE. TO INCLUDE THE ADDITION OF PROVISIONS REGARDING OWNERlDEVELOPERLIABILITYFOR ROAD MAINTENANCE. RELATIVE TO EROSION AND SEDIMENT CONTROL MEASURES. FOR ROADS IN NEW SUBDIVISIONS. WHICH HAVE NOT BEEN ACCEPTED INTO THE VDOT SECONDARY ROAD SYSTEM AND MODIFICATIONS TO PERMIT FEE AND BOND ESTIMATE REOUlREMENTS. - APPROVED Joe Wilder, Deputy Director of Public Works, appeared before the Board regarding this item. He advised that these amendments were an effort to assist the department in enforcing the ordinance to decrease the tracking of sediment onto roads. The proposal also increases various fees and allows the ordinance to be enforced within the Town of Stephens City. Supervisor Forrester asked how frequently the roads would be cleared under this proposal. Deputy Director Wilder responded that they would be cleaned whenever the department saw a violation or received a complaint. Supervisor Fisher asked ifthese changes would bring the existing ordinance into compliance Minute Book Number 31 Board of Supervisors Regular Meeting of 08/10/05 042 with the State Code. Deputy Director Wilder responded yes. Chairman Shickle convened the public hcaring. J. P. Carr, Top of Virginia Builder's Association, stated that his organization believes the current ordinance provides the necessary authority to address erosion and sediment control in the county. Top of Virginia does not support the proposed changes. He concluded by saying that the developer should not be responsible for a builder's violation, if the lot has been sold. There being no further 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 79 Erosion and Sediment Control, 79- 1. Purpose, Title and Authority; 79-2. Definitions; 79-3. Local Erosion and Sediment Control Program; and 79-5. Permits, Fees, Security for Performance to Include the Addition of Provisions Regarding Owner/Developcr Liability for Road Maintenance, Relative to Erosion and Sediment Control Measures, for Roads in New Subdivisions, Which Have Not Been Accepted Into The VDOT Secondary Road System and Modifications to Permit Fee and Bond Estimate Requirements. BE IT ORDAINED, that Chapter 79, Erosion and Sediment Control, be amended to reflect the following changes: ~ 79-1. Purpose, title, and authority. G.... This chavter is amended to include administerinr: the erosion and sediment control vrOf!ram for the Town of Stevhens Citv. Virginia hv Resolution of the Stevhens Citv Town Council. ~ 79-2. Definitions. EROSION AND SEDIMENT CONTROL PLAN OR PLAN - A document containing materials for the conservation of soil and water resources of a unit or group of units of land. It may include appropriate maps, an appropriate soil and water plan inventory, and management information with needed interpretations and a record of decisions contributing to conservation treatment. The plan shall contain all major conservation decisions to assure that the entire unit or units of land will be so treated to achieve the conservation objectives. The vlan shall he sealed hv a professional enf!ineer. land survevor or landscave architect as deemed avvlicahle hv the State of VirfJinia. ~ 79-3. Local erosion and sediment control program. A. Except as modified below, pursuant to S 10.1-562 ofthe Code of Virginia, the County hereby adopts the regulations, references, guidelines, standards, and specifications promulgated by the Board for the effective control of soil erosion and sediment deposition to prevent the unreasonable degradation of properties, stream channels, waters and other natural resources. Said regulations, references, guidelines, standards and specifications for erosion and sediment control are included in but not limited to, the Virginia Erosion and Sediment Control Regulations and the latest edition of the Virginia Erosion and Sediment Control Minute Book Number 31 Board of Supervisors Regular Meeting of 08/10105 043 Handbook, as amended. The following subsections are hereby changed of V AC 50-30-40 "(Minimum Standards) " of the Virginia Erosion and Sediment Control Regulations. aL Subsection 14. RefJulation of Watercourse Crossin,? All avplicable federal. state. and local regulations vertaininl! to working in or crossing live watercourses shall be met. Prior to obtaininfJ a land disturbance vermit. covies of all avvlicable environmental vermits includinfJ. but not limited to. wetland disturbance. stream crossinf!. storm water discharf!e permits shall be submitted with the aDDlication. t..1L Subsection 17. Vehicular Sediment Trackinf!. {gl Where construction vehicle access routes intersect vaved or vublic roads. vrovisions shall be made to minimize the transvort of sediment bv vehicular tracking onto paved or vublic road surface. Sediment shall be removed from roads bv shovelinfJ or sweeving and transDorted to a sediment disposal area. Street washinf! shall be allowed onlv after sediment is removed in this manner. This provision shall avplv to individual develovment lots as well as to larl!er land disturbinf! activities. ill In subdivisions. the owner/develover of the subdivision shall be resvonsible for comvliance with this minimum standard until the streets are taken into the Virl!inia Devartment of TransDortation 's Secondary Road Svstem for maintenance. and the Dlan submitted for avvroval shall include a detailed plan or narrative to ensure transvort of sediment onto subdivision streets does not occur during anv phase of construction. includinf!. but not limited to, construction of all infrastructure. utilities. and buildinfJ construction. In addition. ifindividuallots or sections in a subdivision are being develoved bv a different owner. such owner shall be iointlv and severallv resvonsible with the owner/develover of the subdivision for achievinf! comDliance or "Agreement in Lieu of a Plan ". submitted for avvroval shall include a detailed vlan or narrative to ensure tranSDort of sediment onto the avvlicable roads does not occur durinf! anv vhase of construction. includinl!. but not limited to. construction of all infrastructure. utilities. and building construction. ~ 79-5. Permits; fees; security for performance. C. An administrative fee shall be paid to the Department of Public Works at the time of submission of the land disturbance permit. The land disturbance permit fee is separate from all other fees paid to other departments in the County. The following fee is herebv adovted and shall be avplied to land disturbance vermits: 11 Commercial/lndustrial Site Develovment Proiects: Base fee of $500 vlus $100 ver disturbed acre or fraction thereof 21 Construction of Infrastructure for Subdivision (Rural/Residential). Townhouses. ADartments and condominiums: Base fee of $600 vlus $100 ver acre of disturbed area or fraction thereof 1l SinfJle Familv Residence (Agreement in Lieu of a Plan): $100 ver lot/buildinf! unit. 11 Townhouse. Avartment and Condominiums: $20 ver unit. JJ.. Reinsvection Fee Shall be Avvlied after Stop Work Orders have been lssued: $50 ver unit in addition to paving the land disturbance vermit reissuance fee (this latter amount is the orif!inalland disturbance vermit fee amount). E. Security for performance. 3) Within 60 days of adequate stabilization, as determined by the Department of Public Works in any project or section of a project, such bond, cash escrow or letter of credit, Minute Book Number 31 Board of Supervisors Regular Meeting of 08/10/05 044 or the unexpended or unobligated portion thereof, shall be either refunded to the applicant or terminated based upon the percentage of stabilization accomplished in the project or project section. Avvlicant request for termination or reduction of bond. cash escrow. or letter of credit shall be made in writinfJ to the DeDartment of Public Works. ~ 79-6. Monitoring, reports and inspections. B. Inspection, notice to comply. l) The Department ofpublic Works shall periodically inspect the land-disturbing activity in accordance with Section 4 V AC 50-30-60 of the Virginia Erosion and Sediment Control Regulations to ensure compliance with the approved plan and to determine whether the measures required in the plan are effective in controlling erosion and sedimentation. The owner, permittee, or person responsible for carrying out the plan, shall be given notice of the inspection. The inspection frequency shall comply with Frederick County's approved alternate inspection schedule (See Appendix 1. page 12.). (2) Notice to comply. (b) The notice to comply shall specify the corrective measures required to comply with the approved plan and shall specify the time frame within such measures shall be completed. Upon failure to comply with the notice within the specified time, the land disturbance permit may be revoked, and the permittee or person responsible for carrying out the plan shall be deemed to be in violation of this chapter and shall be subject to the penalties provided by this chapter. Ifthe land disturbance permit has been revoked, the permittee shall reapply for the land disturbance permit and pay all applicable fees includinfJ reinsvection fees prior to recommencing the project. Appendix 2 FREDERICK COUNTY, VIRGINIA EROSION AND SEDIMENT CONTROL BOND ESTIMATE FORM PROJECT NAME: DATE: DESIGN FIRM: CONTACT PERSON: PHONE #: MINIMUM STANDARD # SEDIMENT DEVICE COST UNIT OUANTITY COST 3.01 Safety Fence $ 4.00 Linear Foot 3.02 Construction Entrance $1.500.00 Each 3.05 Reinforced Silt Fence $ 5.00 Linear Foot 3.07 Curb Inlet Protection $ 150.00 Each 3.08 Culvert Inlet Protection $ 200.00 Each 3.09 Diversion Berm $ 5.00 Linear Foot 3.10 Fill Diversion $ 2.00 Linear Foot 3.12 Diversion $ 12.00 Linear Foot 3.13 Sediment Trap - 1 acre $2.000.00 Each Sediment Trap - 2 acres $2.500.00 Each Seidment Trap - 3 acres $3.000.00 Each 3.14 Sediment/Stormwater Basin (Lumv Sum) 3.16 Paved Flume $ 35.00 Square Yard 3.17 Stormwater Conveyance Channel Seeded $ 10.00 Square Yard Sodded $ 20.00 Square Yard Temvorary Matlinf! $ 30.00 Square Yard Permanent Matlinf!. $ 40.00 Square Yard Minnte Book Nnmber 3 t Board of Supervisors Regular Meeting of 08/1 0105 045 3.18 Riprap Outlet Protection Riprap Grouted Riprap Concrete Rock Check Dam Level Spreader Temporary Seeding/Mulch Permanent Sceding/Mulch 25 percent o(total required $ 60.00 Square Yard 3.20 3.21 3.22 3.23 Contingency $ 60.00 Square Yard $ 50.00 Square Yard $ 40.00 Square Yard $ 30.00 Square Yard $ 12.00 Square Yard $2.500.00 Acre $3.000.00 Acrc TOTAL 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 PLANNING COMMISSION BUSINESS PUBLIC HEARINGS PUBLIC HEARING - CONDITIONAL USE PERMIT #04-05 OF EUGENE COOPER FORAN EXPANSION OF COTTAGE OCCUPATION-COUNTER TOP SHOP (CUP #07-03), THIS PROPERTY IS LOCATED AT 207 HERMAN LEWIS LANE (ROUTE 608). AND IS IDENTIFIED WITH PROPERTY IDENTIFICATION NUMBER 52-1- 35C IN THE GAINESBORO MAGISTERIAL DISTRICT. - APPROVED Zoning and Subdivision Administrator Mark Cheran appeared before the Board regarding this application. He advised that this was a request to expand a cottage occupation for a counter top shop, which was operating under a previously approved conditional use permit #07-03. The property is located in the Gainesboro District and is zoned RA (Rural Areas) District. He advised that there would be no specialized equipment or chemicals on the site. The applicant is requesting the addition of three employees. He went on to say that the Planning Commission recommended approval of this conditional use permit with the following conditions: I) All review agency requirements shall be complied with at all times. 2) Any expansion or change of use shall require a new conditional use permit. 3) No retail sales of merchandise shall be permitted. 4) No business signs shall be permitted. 5) No more than three employees shall be permitted. 6) CUP #04-05 invalidates CUP #07-03. He concluded by saying that the applicant was present to answer any questions. Minute Book Number 31 Board of Supervisors Regular Meeting of 08/t 0/05 046 Chairman Shickle convened the public hearing. There were no public comments. Chairman Shickle closed the public hearing. Upon a motion by Supervisor Dove, seconded by Supervisor Forrester, the Board approved Conditional Use Permit #04-05 with the conditions listed. 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 - CONDITIONAL USE PERMIT #05-05 OF ROBERT W. SHAW FOR A COTTAGE OCCUPATION - CUSTOM CRAFTED RIFLES. THIS PROPERTY IS LOCA TED AT 2394 DOUBLE CHURCH ROAD (ROUTE 641 ). AND IS IDENTIFIED WITH PROPERTY IDENTIFICATION NUMBER 93-3-2 IN THE OPEOUON MAGISTERIAL DISTRICT. - APPROVED WITH AMENDED CONDITIONS Zoning and Subdivision Administrator Mark Cheran appeared before the Board regarding this application. He advised that this was a conditional use permit for a cottage occupation - gunsmithing. The property is located in the Opequon Magisterial District and is zoned RA (Rural Areas) District. The proposed use would have no significant impact on the adjoining properties. The Planning Commission recommended approval of this permit with the following conditions: 1) All review agency comments shall be complied with at all times. 2) No business sign shall be pemlitted. 3) Any expansion or change of use shall require a new Conditional Use Permit. 4) No retail sales of merchandise shall be permitted. 5) No more than ten customers shall be allowed on the property per month. 6) No customer shall be allowed to test firearms on the property. 7) No test firing of weapons to occur outside the hours of9:00 a.ill. through 5:00 p.m. He concluded by saying that the applicant was present to answer any questions. Chairman Shickle convened the public hearing. There were no public comments. Chairman Shickle closed the public hearing. Minute Book Number 31 Board of Supervisors Regular Meeting of 08110/05 041 Supervisor Ewing asked Mr. Shaw how much his business would be affected ifthe test firing hours were limited to Monday through Saturday 9:00 a.ill. through 5:00 p.m. Mr. Shaw responded that it would not affect his business. Upon a motion by Supervisor Ewing, seconded by Supervisor Fisher, the Board approved Conditional Use Permit #05-05 with condition number 7 amended to reflect 9:00 a.m. through 5:00 p.m., Monday through Saturday. Supervisor Tyler stated that she had similar business behind her and she had no problems with it. Chairman Shickle stated that he did not agree with the Sunday restriction. There being no further discussion, the Board approved the above motion 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 Nay Barbara E. Van Osten Aye PUBLIC HEARING - REZONING #09-05 OF FREEDOM MANOR. SUBMITTED BY GREENWAY ENGINEERING. TO REZONE 26.87 ACRES FROM RA (RURAL AREAS) DISTRICT TO RP (RESIDENTIAL PERFORMANCE) DISTRICT FOR 70 SINGLE F AMIL Y HOMES. THE PROPERTY FRONTS ON THE EAST SIDE OF PAPERMILL ROAD (ROUTE 644). APPROXIMATELY 2.300 FEET WEST- NORTHWEST OF THE INTERSECTION OF PAPERMILL ROAD (ROUTE 644) AND HAS ACCESS TO FRONT ROYAL PIKE (ROUTE 522). AND IS IDENTIFIED BY PROPERTY IDENTIFICATION NUMBER (PIN) 64-A-23 IN THE SHAWNEE MAGISTERIAL DISTRICT. - POSTPONED FOR 30 DAYS Deputy Planning Director Mike Ruddy appeared before the Board on regarding this item. He advised that this was a proposal to rezone 26.87 acres from RA (Rural Areas) District to RP (Residential Performance) District to accommodate 70 single family detached homes. The property is located in the Shawnee Magisterial District and fronts onto Papermill Road. It is also in the vicinity of Shenandoah Memorial Park and Route 522. The traffic impact analysis for this proposal projects about 700 vehicle trips per day, which is manageable. Deputy Director Ruddy advised that the applicant has proffered a generalized development plan that shows the roads serving the property. A new public street will be constructed to connect with Route 522. The applicant has proffered to construct this street prior to issuing any building permits. The applicant has further Minute Book Number 31 Board of Supervisors Regular Meeting of 08/10/05 048 proffcred $7,500.00 per lot to facilitate transportation improvements, which could yield the County $525,000.00. The proposed 70 units will yield approximately 49 new students. Deputy Director Ruddy concluded by saying that the Planning Commission recommended approval ofthis rezoning with the proffers as submitted and Evan Wyatt, Greenway Engineering, was present this evening to answer any questions. Evan Wyatt, Greenway Engineering, rcviewed the generalized development plan. He cited the curvilinear street pattern within the development, which would deter through traffic from Papermill Road. The applicant will develop a turn taper lane for access to Route 522. Mr. Wyatt went on to say that the roads would be in place prior to the building permits being issued. A 50 foot buffer between the development and Shenandoah Memorial Park would be constructed of wrought iron fencing and landscaping. Mr. Wyatt offered an amended proffer the Board's consideration where in the $7,500.00 per lot contribution would be reduced to $7000.00 per lot and the additional $500.00 per lot would be used to establish a start up fund for the homeowners' association. Supervisor Fisher asked about the left turn in off ofPapermill Road. Mr. Wyatt responded that a left turn in would be problematic because of the number of vehicle trips. Chairman Shickle convened the public hearing. Barbara Midkiff, Shawnee District and a resident of Westwood Drive, urged the Board not to rezone this property as she was very concerned about traffic. She stated that one day it took her seven minutes to get from Westwood Drive to Route 522. She went on to say that the drainage in this area was also bad. She concluded by again urging the Board not to rezone this property. Dave Worthington, Shawnee District, expressed his concern about the added traffic and the proposed connector road. He urged the Board not to allow the development to connect to Papermill Road until the road is brought up to urban standards. He went on to say that he wanted to see best management practices used to address the drainage issues, the wetlands maintained, and a proffer for the schools. There being no further public comments, Chairman Shickle closed the public hearing. Supervisor Forrester stated that she was concerned that the Frederick-Winchester Service Authority and the Frederick County Sanitation Authority had offered no comments on this Miuute Book Number 31 Board of Supervisors Regular Meeting of 08/10/05 049 application. She stated that the schools in this area were at or over capacity and this proposal would feed into that problem. She concluded by urging the Board not to approve this rezoning. Supervisor Van Osten asked Mr. Wyatt to respond to the comments regarding drainage in the area. Mr. Wyatt stated that a wetlands delineation has been done and they would not be disturbed. With regard to the drainage, the applicant will take drainage from Westwood Drive onto their property. They would not exacerbate the existing problems. Mr. Ruddy advised the Board that the applicant had submitted a Declaration of Restrictive Covenants, which prohibits access from the property to Westwood Drive. This document was reviewed by legal counsel. Mr. Wyatt responded that this proffer was offered this afternoon. Steve DuBrueller, property owner, advised that ifthe Board approved the rezoning then the applicant would proffer not to connect the street to Westwood Drive. Supervisor Van Osten asked Mr. DuBrueller when he anticipated this proffer occurring. Mr. DuBrueller responded when he comes back to the Board for approval ofthe remainder of the project. Supervisor Fisher stated that he was concerned about the proposed Westwood Drive connection. Mr. Wyatt asked for a 30-day deferral to get the proffer modification signed and executed. Upon a motion by Supervisor Fisher, seconded by Supervisor Forrester, the Board postponed Rezoning #09-05 for 30 days. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Gary W. Dove Aye Bill M. Ewing Aye Gene E. Fisher Aye Gina A. Forrester Aye Lynda 1. Tyler Aye Barbara E. Van Osten Aye PUBLIC HEARING - REZONING #10-05 OF WAKELAND PROPERTIES. SUBMITTED BY PATTON HARRIS RUST & ASSOCIATES. TO REZONE 7.26 ACRES FROM RA (RURAL AREAS) DISTRICT TO B2 (GENERAL BUSINESS) DISTRICT FOR GENERAL COMMERCIAL USES. THE PROPERTIES ARE LOCATED EAST AND ADJACENT TO FRONT ROYAL PIKE (ROUTE 522), APPROXIMATELY 350 FEET SOUTH OF THE PAPERMILL ROAD Minute Book Number 31 Board of Snpervisors Regular Meeting of 08/10/05 050 INTERSECTION. AND ARE IDENTIFIED BY PROPERTY IDENTIFICATION NUMBERS (PINS) 64-A-29 AND 64-A-30 IN THE SHAWNEE MAGISTERIAL DISTRICT. - APPROVED Senior Planner Susan Eddy appeared before the Board regarding this application. She advised that this was a proposal to rezone 7.26 acres from RA (Rural Areas) District to B2 (General Business) District. The property is located in the Shawnee Magisterial District and east and adjacent to the intersection of Route 522 and Papermill Road. The property is situated in the Urban Development Area and Sewer and Water Service Area. The applicant has not proffered to limit any B2 uses. The property is also included in the Southern Frederick Land Use Plan. She went on to say that Justes Drive has been partially constructed and will form a collector to link it and Airport Road. There were no adverse agency comments. The fiscal impact model shows this project to be a positive revenue source for the County. The applicant has proffered: B2 land uses not to exceed 80,000 square feet of gross floor area, excluding warehouse/self-storage uses. Site entrances will be limited to one. A 20-foot landscape buffer. One free-standing sign in the buffer area. $19,000 towards signalization of Justes Drive and Route 522 or are-aligned Papermill Road. She concluded by saying that the application is consistent with the goals of the Comprehensive Plan. Supervisor Van Osten asked about a pedestrian walkway within the project. Chuck Maddox, Patton Harris Rust & Associates and the applicant's representative, responded that the streets within the project would be urban streets with curb, gutter, and sidewalks. Chairman Shickle convened the public hearing. There were no public comments. Chairman Shickle closed the public hearing. Upon a motion by Supervisor Fisher, seconded by Supervisor Van Osten, the Board approved Rezoning #10-05 . WHEREAS, Rezoning #10-05 of Wakeland Properties, was submitted to rezone 7.26 acres from RA (Rural Areas) District to B2 (General Business) District for commercial use. These properties are located east and adjacent to Front Royal Pike (Route 522), approximately 350 feet south of the Papermill Road intersection in the Shawnee Magisterial District, and are identified by Property Identification Numbers (PINS) 64-A-29 and 64-A-30. Minute Book Nnmber 31 Board of Supervisors Regular Meeting of 08/10/05 051 WHEREAS, the Planning Commission held a public hearing on this rezoning on July 6, 2005; and WHEREAS, the Board of Supervisors held a public hearing on this rezoning on August 10, 2005; and WHEREAS, the Frederick County Board of Supervisors finds the approval of this rezoning to be in the best interest of the public health, safety, welfare, and in conformance with the Comprehensive Policy Plan; NOW, THEREFORE, BE IT ORDAINED by the Frederick County Board of Supervisors that Chapter 165 of the Frederick County Code, Zoning, is amended to revise the Zoning District Map to change 7.26 acres from RA (Rural Areas) District to B2 (General Business) District, as described by the application and plat submitted subject to the attached conditions voluntarily proffered in writing by the applicant and property owner. 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 Nay Lynda J. Tyler Aye Barbara E. Van Osten Aye PUBLIC HEARING - REZONING #11-05 OF CARPERS VALLEY. SUBMITTED BY PATTON HARRIS RUST & ASSOCIATES. PC TO REZONE 281.5 ACRES FROM RA (RURAL AREAS) DISTRICT TO R4 (RESIDENTIAL PLANNED COMMUNITY) DISTRICT FOR RESIDENTIAL AND COMMERCIAL USES. THE PROPERTIES ARE LOCATED APPROXIMATELY ONE MILE EAST OF INTERSTATE 81 ON THE SOUTH SIDE OF MILLWOOD PIKE (ROUTE 50 E). ACROSS FROM SULPHUR SPRINGS ROAD (ROUTE 655) AND THE RAVENS SUBDIVISION. ON THE NORTH SIDE OF THE AIRPORT AND ARE IDENTIFIED BY PROPERTY IDENTIFICATION NUMBERS (PINS) 64-A-82. 64-A-83. 64-A-83A. 64-A-86. 64-A-87 IN THE SHAWNEE MAGISTERIAL DISTRICT. (REOUEST FOR POSTPONEMENT UNTIL SEPTEMBER 14. 2005.) - POSTPONEMENT APPROVED UNDER CONSENT AGENDA Postponement until September 14,2005 approved under consent agenda. UPDATE OF THE 2006-2007 FREDERICK COUNTY SECONDARY. PRIMARY AND INTERSTATE ROAD IMPROVEMENT PLANS. THE SECONDARY. PRIMARY AND INTERSTATE ROAD IMPROVEMENT PLANS ESTABLISH PRIORITIES FOR IMPROVEMENTS TO THE SECONDARY. PRIMARY AND INTERSTATE ROAD NETWORKS WITHIN FREDERICK COUNTY. (RESOLUTION #'S 004-05. 005-05 AND 006-05) - APPROVED Senior Planner Susan Eddy appeared before the Board regarding this item. She reviewed the proposed changes to the Secondary, Primary, and Interstate Road Plans. Vice-Chairman Dove asked about the rating criteria for the various projects and how often these were reviewed. Minute Book Number 31 Board of Supervisors Regular Meeting of 08/10/05 052 Supervisor Ewing stated that he had a hard time accepting the fact that roads which have been on this plan for 20 years get bumped for other projects. Supervisor Tyler suggested stafflook at two roads in the Stonewall District, which are not on the map, for inclusion in next year's plan. Senior Planner Eddy advised the Board that money used for major roads could allocated to fund unpaved roads. Administrator Riley cautioned the Board about starting that practice. Chairman Shickle asked that the ratings system be redistributed to the Board of Supervisors. Chairman Shickle convened the public hearing. Nick Lauderdale, Gainesboro District, thanked the Board, Planning Commission, and Transportation Committee for their cooperation in this process. He stated that the County, VDOT, and state representatives should look at shifting priorities and funds in order to get the roads on a schedule. He concluded by saying that the County should help fund these programs as well. Gary Oates, Stonewall District, stated that he was concerned about the proposed major realignment of Route 37 that was shown on a development plan at the Planning Commission meeting. He was glad to see that the proposed Route 37 alignment in this plan was the same as the Comprehensive Plan. Kelly Boyd, a resident of Laurel Run Road, expressed her frustration at the process as she and many of her neighbors want VDOT to pave their road, but have been unable to get the required 100% of property owners' sibrnatures. She asked the Board for their assistance. There being no further public comments, Chairman Shickle closed the public hearing. Upon a motion by Supervisor Tyler, seconded by Supervisor Fisher, the Board approved the 2006-2007 Secondary, Primary, and Interstate Road Improvement Plans. 2006-2007 Secondary Road Improvement Plan WHEREAS, the Frederick County Transportation Committee and the Frederick County planning staff reviewed the proposed 2006-2007 Secondary Road Improvement Plan for Frederick County; and WHEREAS, the Frederick County Transportation Committee recommended approval ofthis plan on June 7, 2005; and WHEREAS, the Frederick County Planning Commission held a public hearing and recommended approval of this plan at their meeting on July 6, 2005; and Minute Book Number 31 Board of Supervisors Regular Meeting of 08/10/05 053 WHEREAS, the Frederick County Board of Supervisors had previously agreed to assist in the preparation ofthis plan in accordance with the Virginia Department of Transportation's policies and procedures and participated in a public hearing on the proposed plan, after being duly advertised so that all citizens of the County had the opportunity to participate in said hearing and to make comments and recommendations concerning the proposed plan and priority list; and WHEREAS, a representative of the Virginia Department of Transportation appeared before the Board during the public hearing; and WHEREAS, the Frederick County Board of Supervisors support the priorities of the secondary road improvement projects for programming by the Commonwealth Transportation Bard and the Virginia Department of Transportation; NOW, THEREFORE, BE IT ORDAINED by the Frederick County Board of Supervisors as follows: The 2006-2007 Secondary Road Improvement Plan appears to be in the best interest ofthe citizens of Frederick County and the Secondary Road System in Frederick County; and therefore, the Frederick County Board of Supervisors hereby approves the 2006-2007 Secondary Road Improvement Plan for Frederick County, Virginia as presented at the public hearing held on August 10,2005. 2006-2007 Primary Road Improvement Plan WHEREAS, the Frederick County Board Transportation Committee and the Frederick County planning staff reviewed the proposed 2006-2007 Primary Road Improvement Plan for Frederick County; and WHEREAS, the Frederick County Transportation Committee recommended approval ofthis plan on June 7, 2005; and WHEREAS, the Frederick County Board of Supervisors had previously agreed to assist in the preparation ofthis plan in accordance with the Virginia Department of Transportation 's policies and procedures and participated in a public hearing on the proposed plan, after being duly advertised so that all citizens of the County had the opportunity to participate in said hearing and to make comments and recommendations concerning the proposed plan and priority list; and WHEREAS, a representative ofthe Virginia Department of Transportation appeared before the Board during the public hearing; and WHEREAS, the Frederick County Board of Supervisors support the priorities ofthe primary road improvement projects for programming by the Commonwealth Transportation Board and the Virginia Department of Transportation; NOW, THEREFORE, BE IT ORDAINED by the Frederick County Board of Supervisors as follows: The 2006-2007 Primary Road Improvement Plan appears to be in the best interest of the citizens of Frederick County and the Primary Road System in Frederick County; and therefore, the Frederick County Board of Supervisors hereby approves the 2006-2007 Primary Road Improvement Plan for Frederick County, Virginia as presented at the public hearing held on August 10,2005. 2006-2007 Interstate Road Improvement Plan WHEREAS, the Frederick County Transportation Committee and the Frederick County planning staff reviewed the proposed 2006-2007 Interstate Road Improvement Plan for Frederick County; and Minute Book Number 31 Board of Supervisors Regular Meeling of 08/10/05 054 WHEREAS,. the Frederick County Transportation Committee recommended approval of this plan on June 7, 2005; and WHEREAS, the Frederick County Planning Commission held a public hearing and recommended approval of this plan at their meeting on July 6,2005; and WHEREAS, the Frederick County Board of Supervisors had previously agreed to assist in the preparation of this plan in accordance with the Virginia Department of Transportation 's policies and procedures and participated in a public hearing on the proposed plan, after being duly advertised so that all citizens of the County had the opportunity to participate in said hearing and to make comments and recommendations concerning the proposed plan and priority list; and WHEREAS, a representative of the Virginia Department of Transportation appeared before the Board during the public hearing; and WHEREAS, the Frederick County Board of Supervisors support the priorities of the interstate road improvement projects for programming by the Commonwealth Transportation Board and the Virginia Department of Transportation; NOW, THEREFORE, BE IT ORDAINED by the Frederick County Board of Supervisors as follows: The 2006-2007 Primary Road Improvemcnt Plan appears to be in the best interest of the citizens of Frederick County and the Primary Road System in Frederick County; and therefore, the Frederick County Board of Supervisors hereby approves the 2006-2007 Interstate Road Improvement Plan for Frederick County, Virginia as presented at the public hearing held on August 10,2005. 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 OTHER PLANNING ITEMS REZONING #01-05 FOR RUSSELL 150. LC, SUBMITTED BY GREENWAY ENGINEERING. TO REZONE 96.28 ACRES FROM RA (RURAL AREAS) DISTRICT TO BS (GENERAL BUSINESS) DISTRICT AND 54 ACRES FROM RA (RURAL AREAS) DISTRICT TO RP (RESIDENTIAL PERFORMANCE) DISTRICT. THIS PROPERTY FRONTS ON THE WEST SIDE OF FRONT ROYAL PIKE (ROUTE 522). OPPOSITE AIRPORT ROAD (ROUTE 645). IN THE SMA WNEE MAGISTERIAL DISTRICT. AND IS IDENTIFIED BY PROPERTY IDENTIFICATION NUMBERS (PINS) 64-A-I0 AND 64-A-12. (POSTPONED FROM APRIL 13. AND MAY 25. 2005 MEETINGS.) (REQUEST FOR CONTINUED POSTPONEMENT FOR UP TO AN ADDITIONAL 90 DAYS.) - POSTPONEMENT APPROVED UNDER CONSENT AGENDA The applicant's request for a 90 day postponement was approved under the consent agenda. MASTER DEVELOPMENT PLAN #08-05 OF CARROLL INDUSTRIAL PARK - APPROVED Planner II Candice Perkins appeared before the Board regarding this item. She advised that Minute Book Number 31 Board of Supervisors Regular Meeting of 08/10/05 055 this was a master development plan for 107.8 acres located in the Stonewall Magisterial District and zoned M2 (General Industrial) District. It is staffs belief that the entire site is zoned M2. The applicant proposes that Ebert Road will be a major collector road. The Board must determine whether or not Ebert Road is the collector road. The site will have one monument style sign, which can be approved administratively. She concluded by saying that the proposed master development plan meets all of the County's requirements. Upon a motion by Supervisor Tyler, seconded by Supervisor Forrester, the Board approved the following: 1) The entire property was meant to be zoned M2. 2) Ebert Road will be the new major collector road. 3) One monument style sign for the industrial developments along Ebert Road IS authorized. 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 WAIVER REOUEST OF CHARLES AND THELMA SNAPP - APPROVED UNDER CONSENT AGENDA The Board received a request from Charles and Thelma Snapp for a waiver of the Subdivision Ordinance requirements to enable a family subdivision on a right-of-way ofless than 50 feet. The property is located on the on Snappy Lane in the Back Creek Magisterial District. The requested waiver would only apply to the creation of a single lot. This item was approved under the consent agenda. DISCUSSION OF RURAL AREAS STUDY - WORKSESSION WITH AD HOC COMMITTEE APPROVED Administrator Riley advised that he had received possible work session dates from the Ad Hoc Committee. He advised that the Committee was proposing a two hour lunch work session on either August 30, 2005 or September 1,2005 beginning at 12:00 p.m. in the Board of Supervisors Meeting Room. Upon a motion by Supervisor Tyler, seconded by Supervisor Van Osten, the Board agreed Minute Book Number 31 Board of Supervisors Regular Meeting of 08/10/05 056 to hold a work session with the Ad Hoc Committee and the Chairman and Vice-Chairman of the Planning Commission. 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 The Board consensus was to hold the workscssion on August 30, 2005 at 12:00 P.M. Administrator Riley stated that the Board would provide the meeting space and the Committee would provide the speakers and refreshments. Mr. John Good, a member of the Ad Hoc Committee, responded correct. ROAD RESOLUTION (#007-05) - SOVEREIGN VILLAGE. SECTIONS I. IIA AND lIB - APPROVED UNDER CONSENT AGENDA WHEREAS, the streets described on the attached Additions Form SR-5A, fully incorporated herein by reference are shown on plats recorded in the Clerk's Office of the Circuit Court of Frederick County; and WHEREAS, the Resident Engineer of the Virginia Department of Transportation has advised this Board that the streets meet the requirements established by the Subdivision Street Requirements of the Virginia Department of Transportation; and WHEREAS, the County and the Virginia Department of Transportation have entered into an agreement on June 9, 1993, for comprehensive stormwater detention which applies to this request for addition; and NOW, THEREFORE, BE IT RESOLVED, this Board requests the Virginia Department of Transportation to add the streets described in the attachcd Additions Form SR-5A to the secondary system of state highways pursuant to 33.1-229, Code of Virginia, and the Department's Subdivision Street Requirements; and BE IT FURTHER RESOLVED, this Board guarantees a clear and unrestricted right-of- way, as described, and any necessary easements for cuts, fills and drainage; and BE IT FURTHER RESOLVED, that a certified copy of this resolution be forwarded to the Resident Engineer for the Virginia Department of Transportation. This item was approved under the consent agenda. BOARD LIAISON REPORTS There were no board liaison reports. CITIZEN COMMENTS There were no citizens comments. Minute Book Number 31 Board of Supervisors Regular Meeting of 08/1 0105 057 BOARD OF SUPERVISORS COMMENTS Chairman Shickle advised the Board that CPPS members want to meet with individual board members regarding the Rural Areas Study. He urged the Board to make time to meet with them. 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. (8:00 P.M.) '- .... J~1t Clerk, Board of Supervisors \~..--Q c.-~ ~ Richard C. Shickle Chairman, Board of Supervisors Minutes Prepared By: ~ e (; J. !2. Jay E. Tilijls Deputy Clerk, Board of Supervisors Minute Book Number 31 Board of Supervisors Regular Meeting of 08/10105