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HomeMy WebLinkAboutJune 14, 2006 Regular Meeting 479 A Regular Meeting ofthe Frederick County Board of Supervisors was held on Wednesday, June 14,2006, at 5:45 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 Bill M. Ewing; Charles S. DeHaven, Jr.; Gene E. Fisher; Philip A. Lemieux; and Barbara E. Van Osten. ABSENT Gary W. Dove. CALL TO ORDER Chairman Shickle called the meeting to order. BOARD RETIRED INTO CLOSED SESSION Upon a motion by Vice-Chairman Ewing, seconded by Supervisor Van Osten, the Board convened in Closed Session pursuant to Code of Virginia, 1950, as Amended, Section 2.2-3711 A (I) to discuss personnel matters. The above motion was approved by the following recorded vote: Richard C. Shickle Bill M. Ewing Charles S. DeHaven, Jr. Gary W. Dove Gene E. Fisher Philip A. Lemieux Barbara E. Van Osten Aye Aye Aye Absent Aye Aye Aye BOARD RECONVENED INTO REGULAR SESSION Upon a motion by Vice-Chairman Ewing, seconded by Supervisor Fisher, the Board came out of closed session and reconvened in Regular Session. The above motion was approved by the following recorded vote: Richard C. Shickle Bill M. Ewing Charles S. DeHaven, Jr. Gary W. Dove Gene E. Fisher Philip A. Lemieux Barbara E. Van Osten Aye Aye Aye Absent Aye Aye Aye Upon a motion by Vice-Chairman Ewing, seconded by Supervisor Van Osten, the Board certified that to the best of each board member's knowledge only Virginia Code Section 2.2-3711 Minute Book Number 31 Board of Supervisors Regular Meeting of 06/14/06 480 A (1) personnel matters were discussed. The above motion was approved by the following recorded vote: Richard C. Shickle Bill M. Ewing Charles S. DeHaven, Jr. Gary W. Dove Gene E. Fisher Philip A. Lemieux Barbara E. Van Osten Aye Aye Aye Absent Aye Aye Aye CERTIFICATION OF THE COUNTY ADMINISTRATOR'S EVALUATION - APPROVED Upon a motion by Vice-Chairman Ewing, seconded by Supervisor DeHaven, the Board certified the evaluation of the County Administrator. The above motion was approved by the following recorded vote: Richard C. Shickle Bill M. Ewing Charles S. DeHaven, Jr. Gary W. Dove Gene E. Fisher Philip A. Lemieux Barbara E. Van Osten Aye Aye Aye Absent Aye Aye Aye The Board recessed until 7:15 p.m. CALL TO ORDER Chairman Shickle called the meeting to order. INVOCATION Supervisor Fisher delivered the invocation. PLEDGE OF ALLEGIANCE Vice-Chairman Ewing led the Pledge of Allegiance. ADOPTION OF AGENDA - APPROVED Administrator Riley advised that he had one addition to the agenda. He added the appointment of the Transportation Planner to replace the Public Works Director on the MPO Technical Advisory Committee to the Committee Appointments memo. Upon a motion by Supervisor DeHaven, seconded by Vice-Chairman Ewing, the Board approved the agenda as amended. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Minute Book Number 31 Board of Supervisors Regular Meeting of 06/14/06 Bill M. Ewing Charles S. DeHaven, Jr. Gary W. Dove Gene E. Fisher Philip A. Lemieux Barbara E. Van Osten 481 Aye Aye Absent Aye Aye Aye CONSENT AGENDA - APPROVED Administrator Riley offered the following items for consideration under the consent agenda: Revised Resolution for the Abandonment of a Section of Quarry Lane (Route 749) - Tab E' , Transportation Committee Report - Tab I; Public Works Committee Report - Tab J Upon a motion by Vice-Chairman Ewing, seconded by Supervisor Van Osten, the Board approved the consent agenda by the following recorded vote: Richard C. Shickle Bill M. Ewing Charles S. DeHaven, Jr. Gary W. Dove Gene E. Fisher Philip A. Lemieux Barbara E. Van Osten CITIZEN COMMENTS Aye Aye Aye Absent Aye Aye Aye There were no citizen comments MINUTES Upon a motion by Supervisor Fisher, seconded by Supervisor DeHaven, the Board approved the minutes from the May 24, 2006 Regular Meeting. The above motion was approved by the following recorded vote: Richard C. Shickle Bill M. Ewing Charles S. DeHaven, Jr. Gary W. Dove Gene E. Fisher Philip A. Lemieux Barbara E. Van Osten COUNTY OFFICIALS Aye Aye Aye Abscnt Aye Aye Aye BOARD PRESENTATION OF HISTORIC PLAQUES Planner II Candicc Perkins appeared before the Board regarding this item. She stated the historic property designation program was developed by the Historic Resources Advisory Board and Minute Book Number 31 Board of Supervisors Regular Meeting of 06/14/06 482 enables the County to formally acknowledge the architectural and historic integrity of county structures. The County has awarded 20 plaques to important structures in the County since the program's inception in 1995. Chairman Shickle, on behalf of the Board, presented historic plaques to the following properties: PlaQue #21 Carter Hall (a.k.a. Carter House) (DHR# 34-83) Owner: Mr. Homer B. Alexander & Mrs. Doris P. Alexander Location: 3l 0 Carters Lane The Frederick County Rural Landmarks Survey recognizes Carter as the most refined example of the Green Revival Style, expressed in brick, in the County. Plaque #22 Buffalo Marsh (DHR# 34-140) Owner: Mr. David M. Moslev. Jr. & Mrs. Elizabeth Mos1ev Location: 697 Clark Road Buffalo Marsh, located southwest of Stephens City, is an interesting 19th-century vernacular stone dwelling built in several sections. The earliest portion of this two-stone dwelling was probably constructed by 1. Peyton Clark during the mid-19th century. Clark, who had been principal of the Winchester Academy, opened a school on the property; supposedly in a small log building behind the main house. Plaque #23 Sulphur Springs Spa (#34-110) Owner: Mr. Greig Aitken & Ms. Toni Wallace Location: 1160 Jordan Springs Road The 3 \r2-story brick building at the former Sulphur Springs resort is the only surviving example of a 19th -century springs resort hotel in Frederick County. Constructed in 1893 on the site of an earlier springs resort, the main structure embodies late 19th -century vernacular buildings traditions ofthe era. PlaQue #24 Homespun (DHR# 34-180) Owner: Mr. R. J. Turner & Mrs. Marv Turner Location: 949 Cedar Creek Grade Homespun is a unique 18th-century log dwelling with stone, frame and brick additions. It is one of the few known examples ofa house with a dog-trot plan in Frederick County. The property was recently rehabilitated and is now used for commercial purposes. PlaQue #25 Ridings-McClung House (DHR# 34-73) Owner: Mr. Theodore Garrett & Mrs. Bonnie Garrett Location: 1271 Ridings Mill Road Believed to have been constructed by Thomas McClung, a stonemason who worked on Hopewell Meeting House, this property is located east of Middletown. The Federal-style brick dwelling contains fine interior woodwork. The rear of the house was constructed by Edwin Ridings who acquired the property in 1838. The bank barn on the property is one of the few in the county that is built on a brick foundation. According to Lake's Atlas of Frederick County, there was a sawmill and the "Ridings Factory" on the property in the early 1880's. Plaque #26 Glass-Rinker House (DHR# 34-86) Owner: Ms. Marjorie Copenhaver Minute Book Number 31 Board of Supervisors Regular Meeting of 06/14/06 483 Location: 2463 Cedar Creek Grade Located in the community of Opequon, the center portion ofthe Glass-Rinker House is the earliest, constructed around 1751 by Joseph Glass. It was enlarged in the early 19th-century with a two-story wing to the north, and again in the mid-20th century with a 1 \r2-story stone wing to the south. The Glass-Rinker House is one of three surviving Glass family houses in the area that developed in a similar manner. Plaque #27 Winter Hill (DHR# 34-87) Owner: Mr. Jacques & Mrs. Nancy Billmyer Location: 5439 Cedar Creek Grade Winter Hill is an outstanding example of an early-nineteenth-century brick dwelling that is transitional from the Georgian to the Federal style. Located along Cedar Creek Grade near Marlboro, it was constructed in 1809-1811 by Captain Charles Brent, a locally prominent soldier and politician. The property is significant not only for the architectural integrity of the main house, but also for its collection of outbuildings; one of the most complete in the entire country. Plaque #28 Hedgebrook Farm (DHR# 34-1041) Owner: Ms. Kitty Hockman Location: 690 Shady Elm Road The main house on Hedgebrook Farm is a representative example of a vernacular I-house with a central-front gable, which is a typical form offarmhouse of the late 19th and early 20th centuries in the region. The house also contains much of its original detailing, including brick chimneys, standing-seam metal roof, rear two-story ell,and three-bay front porch with Tuscan column supports. Behind the house is an interesting two-story frame summer kitchen with exterior-end brick chimney. Plaque #29 Barrett-Fries House (DHR# 34-149) Owner; Mr. Gregory F. Hutchinson & Mrs. Pembroke D. Hutchinson Location: 2187 Apple Pie Ridge Road One of the earliest structures still standing in Frederick County, this is one of a series of stone dwellings loeated on Apple Pie Ridge that were originally constructed by Quaker settlers. Possibly built as early as 1745 by James Barrett, the house is made up of a two- story main block and a side I \r2-story stone wing. The interior appears to have much of its original trim and woodwork that is representative of the 18th -century in the region. The house was restored in the 1990's and a frame wing added to the north. CHRIS STUBBS. NATIONAL PARK SERVICE. TO GIVE A PRESENTATION TO THE BOARD Chris Stubbs, Planner with the National Parks Service at Cedar Creek and Belle Grove, appeared before the Board to give a brief presentation regarding the park, its management plan, and to request further county support. He advised the park is located in Warren, Shenandoah, and Frederick counties and was created by an act of Congress in 2002. The park's purpose is to: work with partners to preserve nationally significant Civil War landseape and antebellum plantation; interpret the history of the Shenandoah Valley; serve as a focal point within the Shenandoah Valley Battlefields National Historic District. Minute Book Number 31 Board of Supervisors Regular M eeling of 06/14/06 484 The park's resources include prehistoric resources, ecologically important areas, valley settlement and early history, Belle Grove and plantation culture, and Civil War. The park's benefits include tourism, recreation, and historic preservation. Key partner organizations include the Cedar Creek Battlefield Foundation, National Trust for Historic Preservation, Belle Grove Incorporated, Shenandoah Valley Battlefield Foundation, and surrounding towns and counties. Mr. Stubbs briefly reviewed the General Management Plan, which outlines how the park will operate for the next 15 to 20 years. He concluded by asking the Board to continue their support for the partnership, continue representation on the Park Advisory Commission, and incorporate the General Management Plan into the County Comprehensive Plan. Chairman Shickle asked if a document would be available for review by board members who are unable to attend one of the public meetings on the General Management Plan. Mr. Stubbs responded that in the future there would be a draft document provided. COMMITTEE APPOINTMENTS RICH LARGENT APPOINTED TO SERVE AS A FREDERICK COUNTY REPRESENTATIVE ONTRE WINCHESTER REGIONAL AIRPORT AUTHORITY - APPROVED Upon a motion by Supervisor Fisher, seconded by Supervisor DeHaven, the Board appointed Rich Largent to serve as a Frederick County representative on the Winchester Regional Airport Authority. This is a four year appointment, said term to expire June 30, 2010. The above motion was approved by the following recorded vote: Richard C. Shickle Bill M. Ewing Charles S. DeHaven, Jr. Gary W. Dove Gene E. Fisher Philip A. Lemieux Barbara E. Van Osten Aye Aye Aye Absent Aye Aye Aye MR. CLARE C. MULLETT REAPPOINTED TO THE SHA WNEELAND SANITARY DISTRICT ADVISORY COMMITTEE - APPROVED Upon a motion by Supervisor Van Osten, seconded by Vice-Chairman Ewing, the Board reappointed Mr. Clare C. Mullett to the ShawneeLand Sanitary District Advisory Committee. This is a two year appointment, said term to expire July 13,2008. The above motion was approved by the following recorded vote: Minule Book Number 31 Board of Supervisors Regular Meeting of 06/14/06 Richard C. Shickle Bill M. Ewing Charles S. DeHaven, Jr. Gary W. Dove Gene E. Fisher Philip A. Lemieux Barbara E. Van Osten 485 Aye Aye Aye Absent Aye Aye Aye APPOINTMENT OF THE TRANSPORTATION PLANNER TO REPLACE THE PUBLIC WORKS DIRECTOR AS A MEMBER OF THE MPO TECHNICAL ADVISORY COMMITTEE - APPROVED Upon a motion by Supervisor DeHaven, seconded by Vice-Chairman Ewing, the Board appointed the Transportation Planner to replace the Publ ic Works Director as a member of the MPO Technical Advisory Committee. The above motion was approved by the following recorded vote: Richard C. Shickle Bill M. Ewing Charles S. DeHaven, Jr. Gary W. Dove Gene E. Fisher Philip A. Lemieux Barbara E. Van Osten Aye Aye Aye Absent Aye Aye Aye REVISED RESOLUTION (#076-06) FOR THE DISCONTINUANCE AND ABANDONMENT OF QUARRY LANE (ROUTE 749) - APPROVED UNDER CONSENT AGENDA WHEREAS, a public notice was posted as prescribed under g33. 1-151, Code of Virginia, announcing a public hearing to receive comments concerning abandoning the section of road described below from the secondary system of state highways; and WHEREAS, the Commissioner ofthe Virginia Department of Transportation was provided the prescribed notice of this Board's intent to abandon the subject section of road; and WHEREAS, this Board, on April 12, 2006, conducted a public hearing and approved the abandonment of a portion of Secondary Route 749 (Quarry Lane) beginning 0.05 mile south of Route 672 and ending O. I 5 mile south of Route 672 for a distance of 0.10 mile; and WHEREAS, the Richmond VDOT Office's records list the length of the proposed abandonment to be 0.12 mile; and WHEREAS, this Board has been requested to adopt a revised resolution of abandonment reflecting the new distance; and WHEREAS, after considering all evidence available, this Board is satisfied that no public necessity exists for the continuance ofthe section of Secondary Route 749 (Quarry Lane) from 0.05 mile south of Route 672 to 0.17 miles south of Route 672, a distance of 0.12 miles, and hereby deems that section of road is no longer necessary as a part of the Secondary System of State Highways. NOW, THEREFORE, BE IT RESOLVED, this Board abandons the above described section of road and removes it from the secondary system of state highways, pursuant to 933.1-151, Code of Virginia. Minute Book Number 31 Board of Supervisors Regular Meeting of 06/14/06 486 BE IT FURTHER RESOLVED, that a certified copy ofthis resolution be forwarded to the Resident Engineer ofthe Virginia Department of Transportation. ADOPTED this ~ day of June, 2006. The above item was approved under the consent agenda. REQUEST FROM THE COMMISSIONER OF THE REVENUE FOR REFUNDS - APPROVED Administrator Riley presented these requests for refunds on behalf of the Commissioner of the Revenue: Patterson Construction - $3,793.20 - First Union Commercial Corp. - $6,877.50 Nissan Infiniti L T - $3,467.83 Penske Truck Leasing - $5,958.76 Upon a motion by Vice-Chairman Ewing, seconded by Supervisor Fisher, the Board approved the requested refunds by the following recorded vote: Richard C. Shickle Bill M. Ewing Charles S. DeHaven, Jr. Gary W. Dove Gene E. Fisher Philip A. Lemieux Barbara E. Van Osten Ayc Aye Aye Abscnt Aye Aye Aye CORRESPONDENCE FROM THE SCHOOL FINANCE DIRECTOR RE: FY 2007 BUDGET AMENDMENT REQUEST/APPROXIMATE TIME LINE FOR REPLACEMENT GAINESBORO ELEMENTARY SCHOOL - PUBLIC HEARING APPROVED Administrator Riley advised this was a request from the School Board to the Board of Supervisors to hold a public hearing on a School Construction Fund budget amendment in the amount of$22,500,000 for the replacement Gainesboro Elementary School. The requested hearing date is June 28, 2006. Vice-Chairman Ewing stated this amount was for public hearing purposes and would be revised once the bids are received. Upon a motion by Supervisor Van Osten, seconded by Supervisor Lemieux, the Board set the public hearing for Wednesday, June 28, 2006. The above motion was approved by thc following recorded vote: Richard C. Shickle Aye Minute Book Number 31 Board of Supervisors Regular Meeting of 06/14/06 487 Bill M. Ewing Charles S. DeHaven, Jr. Gary W. Dove Gene E. Fisher Philip A. Lemieux Barbara E. Van Osten Aye Aye Absent Aye Aye Aye PARTICIPATION IN THE NACo PRESCRIPTION DRUG PROGRAM _ APPROVED Administrator Riley advised that the County has received information from the National Assoeiation of Counties regarding a prescription drug program. This is an opportunity for the County through a NACo and CareMark, a pharmaceutical services company, to provide a discount prescription drug card to some county residents at no cost to NACo or the County. The target customer base for this program would be the uninsured and under insured (i.e. those families or individuals who might have health insurance, hut no prescription coverage). The prescription drug cards would allow residents to save an average of 20% on their prescription drugs. Citizens with prescription coverage would not benefit from this program, unless they had medications that were not covered under their existing prescription policy. In that instance, they could utilize this card to reduce the cost of their medication. Administrator Riley went on to say the prescription cards are valid as long as the agreement between NACo and CareMark is in effect. The initial term of the agreement is through July 3l, 2008, but will automatically renew for successive one year terms. Should NACo choose not to renew this agreement, then the participating localities, ifthey choose, may enter into individual agreements with CareMark to continue the program. Should CareMark terminate the agreement or should the program be found no longer feasible then there would be a phase out period during which the cards could still be utilized prior to final termination of the program. Should the program cease, those citizens using the discount cards would revert to paying full price for their prescriptions. He advised there are currently l8 loeal pharmacies listed on the NACo AdvanceRx website as participating in this program. There are also 14 counties in Virginia that are either participating or in the process of completing the necessary steps to participate in this program. He concluded by saying ifthe Board believes participation in this program is appropriate, staff is requesting the County Administrator be authorized to execute the participation agreement on behalf of the County. Upon a motion by Supervisor Van Osten, seconded by Supervisor DeHaven, the Board Minute Book Number 31 Board of Supervisors Regular Meeting of 06/14/06 488 approved the participation agreement for the County to participate in the NACo Prescription Drug Program. The above motion was approved by the following recorded vote: Richard C. Shickle Bill M. Ewing Charles S. DeHaven, Ir. Gary W. Dove Gene E. fisher Philip A. Lemieux Barbara E. Van Osten Aye Aye Aye Absent Aye Aye Aye COMMITTEE REPORTS TRANSPORTATION COMMITTEE REPORT - APPROVED UNDER CONSENT AGENDA The Transportation Committee met on Monday, May 22,2006 at 10:00 a.m. All members were present with the exception of the liaisons from Middletown (Mr. Donald Breeden) and Stephens City (Mr. Willey Dembeck). ***Items Requiring Action*** None at this time. ***Items Not Requiring Action*** 1. Transit Bude:et Request (Referred to Finance) Staff brieied the Transportation Committee on the information made available to the committee to date. Staff also prepared a summary worksheet that analyzed revenues at different levels of fares, federal and state assistance, and bus purchase costs. The worksheet also attempted to break the service down into a per route cost based upon the information received to date. Staff did clarify that the worksheet was an interpretation of data that had been provided and that it would be prudent to request verification from the City Transportation Department that recommendations made based upon those numbers would indeed accomplish what the committee wanted to accomplish with the funds. The committee discussed at length the lack of knowledge in the form of data on ridership that makes giving a recommendation somewhat difficult. Among the data they would like to have is up to date information on how many riders are getting on and off at each stop, information the transit system may have gathered on potential for route alteration or needs that are not being met in terms of times of transit service operation, and whether a survey could be done to try and gain more information. The committee was also concerned about how the service is being advertised, and how many people will find out about changes that are made. MOTION by Mr. Braden and seconded by Mr. Racey Fund a package of 1 bus and 1 van at $80,000, not to exceed 2 years with a yearly evaluation. Motion carried. In further discussion the committee covered the topic offare amount for the bus. Currently the fare is $0.50, which the committee agreed was too low. MOTION by Mr. Lemieux and seconded by Mr. Lowman Minute Book Number 31 Board of Supervisors Regular Meeting of 06/14/06 489 Increase the fare from $0.50 per trip to $1.00 per trip. 2. Update on TransDortation Impact Fees Staff updated the committee on what took place at the May 11,2006 joint work session of the Board of Supervisors and the Planning Commission. Staff informed the committee that some of the discussion at that meeting showed that there may be intent to designate the Transportation Committee as the Impact Fee Advisory Committee. Mr. Lemieux stated that it was his understanding that in making the recommendation to the Board of Supervisors that the Transportation Committee be considered the Impact Fee Advisory Committee that staff was counting him as part of that 40% requirement. The 40% requirement refers to the fact that state code regarding the makeup of the Impact Fee Advisory Committee states that 40% of the membership must be employed in the building, real estate, or development fields. Mr. Lemieux stated that he was uncertain whether he was comfortable trying to fill that role in addition to his role as Supervisor or the Red Bud District. Chairman DeHaven stated that he had every confidence in Mr. Lemieux and that the decision was Mr. Lemieux's. The committee has also asked staff to try and arrange discussion with Stafford County and perhaps another county that had considered impact fees and chosen not to enact them. 3. Other Business Staff informed the committee that discussions with VDOT have revealed that the schedule for the Rural Roads program may be impacted due to the state budget. Typically the committee would consider that item in June. The question was raised of when the committee would be considering the Eastern Road Plan and the Chairman stated that it was not yet clear whether this committee would be handling that effort. PUBLIC WORKS COMMITTEE REPORT - APPROVED UNDER CONSENT AGENDA The Public Works Committee met on Tuesday, May 30, 2006 at 8:00 a.m. All members were present except Bob Wells. The following items were discussed: ***Items Not Requiring Action*** 1. Closed Session A closed session was convened under Virginia Code S2.2-3711.30 to discuss the proposal submitted by the Lantz Construction team to design and construct a new aquatics center. After reconvening from the closed session, the committee unanimously approved a motion to recommend that the parks and recreation staff meet with the Lantz team to refine the design requirements and provide an updated cost estimate. The results of this meeting will then be presented to a joint meeting of the board of supervisors, the public works and parks and recreations committees. 2. ReDort from Ad Hoc Committee Studyinl: Drainfield Issues Mr. Phil Lemieux presented the results of an ad hoc committee meeting held on Monday, May 22, 2006, with representatives from the health department to discuss various issues related to drainfields. A summary of the various issues discussed is enclosed. After a lengthy discussion of the various issues, the committee recommended that a policy statement related to the 100 percent reserve requirement be presented at the next scheduled meeting. This statement will be reviewed and forwarded to the board with a recommended course of action. (Attachment 1) 3. Phase II Stormwater Manaeement Permit Minute Book Number 31 Board of Supervisors Regular Meeting of 06/14/06 490 A recent letter received from the Virginia Department of Conservation and Recreation (DCR) indicated that Frederick County will be required to obtain a Phase II stormwater management permit. Staff has met with representatives from DCR who have indicated that we will be required to submit a letter of intent within 90 days. Staff will prepare cost estimates related to two (2) options to meet the Phase II stormwater management program requirements. The first option would be to engage the services of a consultant to prepare the permit and manage the program. The second option would be to employ additional staff to manage the program in-house. This approach would be similar to our current erosion and sediment control program. These options will be presented at the next scheduled committee meeting in June. 4. Reauest to Reulace 1991 Ford Exulorer Mr. Joe Wilder, Deputy Director, presented a request for a supplemental appropriation in the amount of $24,000 to replace an aging 1991 Ford Explorer with 182, 000 miles. The request was unanimously endorsed by the committee and will be forwarded to the finance committee for their review and action. (Attachment 2) 5. Miscellaneous Reuorts: a. Tonnage Report: Landfill (Attachment 3) b. Recycling Report (Attachment 4) c. Animal Shelter Dog Report (Attachment 5) d. Animal Shelter Cat Report (Attachment 6) PUBLIC HEARING PUBLIC HEARING - TAX EXEMPT STATUS REOUEST FROM THE ASSOCIATION FOR THE PRESERVATION OF VIRGINIA ANTIQUITIES. A NON-PROFIT VIRGINIA ORGANIZATION. TO BE DESIGNATED AS A CHARITABLE AND BENEVOLENT ORGANIZA nON WITHIN THE CONTEXT OF &6(a) OF ARTICLE X OF THE CONSTITUTION OF VIRGINIA - (RESOLUTION #077-06) - APPROVED Administrator Riley advised this was a request from the Association for the Preservation of Virginia Antiquities for tax exempt status on an approximately 2.03 acre parcel known as Fort Colvin, located in the Back Creek Magisterial District in Frederick County. Chairman Shickle convened the public hearing. There werc no public comments. Chairman Shickle closed the public hearing. Upon a motion by Supervisor Van Osten, seconded by Supervisor DeHaven, the Board approved the rcquest by the Association for the Prescrvation of Virginia Antiquities for exemption from taxation pursuant to Article X, Section 6(A) (6) of the Constitution of Virginia. WHEREAS, the Association for the Preservation of Virginia Antiquities, a non-profit Minute Book Number 31 Board of Supervisors Regular Meeting of 06/14/06 491 organization, has requested the Board of Supervisors of the County of Frederick, Virginia, to grant its request for a tax exemption pursuant to Article X s6(a)(6) of the Constitution of Virginia for certain property owned by said organization in the County of Frederick; and WHEREAS, said request is for retroactive status to January 1, 2006; and WHEREAS, the property in Back Creek Magisterial District, known as "Fort Colvin" (Property TD Number 62-A-51-A; 2.03 Acres) has as assessed value of $90,800 and was taxed $476.70 in 2006 in county real estate taxes; and WHEREAS, the Board of Supervisors examined and considered the provisions of Section 58.1-3651 (B) of the Code of Virginia. NOW, THEREFORE, BE IT RESOLVED, that the Board of Supervisors ofthe County of Frederick, Virginia, hereby supports, pursuant to Article X s6(a)(6) of the Constitution of Virginia, to provide: 1. That they are classified and designated as a charitable, historical, and benevolent organization pursuant to the Code of Virginia, Section 58.1-3651 (A); and 2. That property owned by the Association for the Preservation of Virginia Antiquities and used by it exclusively for charitable and benevolent purposes on a non-profit basis is determined to be exempt from taxation, state and local, including inheritance taxes. ADOPTED this 14th day of June 2006. The above motion was approved by the following recorded vote: Richard C. Shickle Bill M. Ewing Charles S. DeHaven, Jr. Gary W. Dove Gene E. Fisher Philip A. Lemieux Barbara E. Van Osten Aye Aye Aye Absent Aye Aye Aye PLANNING COMMISSION BUSINESS PUBLIC HEARINGS PUBLIC HEARING - REZONING #17-05 OF RUSSELL-GLENDOBBIN. SUBMITTED BY PATTON. HARRIS. RUST & ASSOCIATES. PC TO REZONE 31.1851 ACRES FROM RA (RURAL AREAS) DISTRICT TO RP (RESIDENTIAL PERFORMANCE) DISTRICT WITH PROFFERS. FOR 45 SINGLE F AMIL Y HOMES. THE PROPERTY IS LOCATED SOUTH AND ADJACENT TO GLENDOBBIN ROAD (ROUTE 673), APPROXIMATELY 3.250 FEET WEST OF THE INTERSECTION OF GLENDOBBIN ROAD AND PAYNE ROAD (ROUTE 663). AND IS IDENTIFIED BY PROPERTY IDENTIFICATION NUMBER (PIN) 43- A-15B. IN THE STONEWALL MAGISTERIAL DISTRICT - (POSTPONED). OTHER PLANNING ITEMS DISCUSSION OF UDAlSWSA BOUNDARIES - SENT FORWARD FOR PUBLIC HEARING Deputy Planning Director Mike Ruddy appeared before the Board on behalf of this item. He advised that the working group and comprehensive plan committee wanted to ensure that the Minute Book Number 31 Board of Supervisors Regular Meeting of 06/14/06 492 UDA (Urban Development Area) and SWSA (Sewer and Water Service Area) boundaries reflected appropriate land use designations. He reminded the Board that the three principle designations are RA (areas outside ofthe UDA), UDA, and SWSA. Deputy Director Ruddy then reviewed the eight areas proposed for modification: Area #1: North of Route 37 including the area known as Apple Pie Ridge, Spring Valley, and the Stonewall Industrial Park. Boundaries to reflect existing land use designations. Extension of SWSA to include existing public facilities connected to water and sewer. The UDA will be reduced by 3,425 acres. The SWSA will be reduced by 564 acre with an addition of 136 acres for a net decrease of 428 acres. Area #2: Northeastern section ofUDA, including part of the land that is adjacent to the Stephenson Village project. Consistent boundaries that follow property line. Retention of SWSA to include B2 portion of Monastery Property. The UDA will be reduced by 79.7 acres and the SWSA will be reduced by 58.5 acres. Area #3: Eastern section of UDA including a proffered State conservation area and part of land adjacent to and north of Route 7. Route 7 consistent northern boundary. The UDA will be reduced by 85.3 acres and the SWSA will be reduced by 101.2 acres. Area #4: South East section south of Senseny Road, east of Greenwood Road, and north of Sulphur Springs Road. Boundary consistency. Property lines. The UDA will be reduced by 47.66 acres with an addition of22.9 acres for a net decrease of24.76 acres. The SWSA will remain the same. Area #5: East of Route 522, South of Route 50, and north of Justes Drive. Winchester Regional Airport Carpers Valley Area. Also includes area north of Route 50 and South of Sulphur Springs Road. Extension of SWSA to include existing public facilities connected to water and sewer. The UDA will be reduced by 1,766.3 acres. The SWSA will be reduced by 0.83 acre and increased by 43.5 acres for a net increase of 42.67 acres. Area #6: Stephens City area. Removing County policy lines from within Town of Stephens City. Joint Land Use Plan provides guidance for the Town's future annexation and provision 0 sewer and water. Interstate 81 consistent wester boundary ofUDAlSWSA. The UDA will be reduced by 69 acres and the SWSA will be reduced by 864.8 acres. Area #7: Kernstown Area. Route 11 South and Shady Elm Drive. Land use designation conformance. Interstate 81 consistent western boundary to the UDA. Policy language recognition of Echo Village residential area to be noted within the plan. The UDA will be reduced by 1,104.75 acres. The SWSA will remain the same. Area #8: Route 50 West at the Route 37 interchange. Land use designation conformance. The UDA will be reduccd by 47.7 acres. The SWSA will remain the same. Supervisor Lemieux stated there was a lack of "pad ready" industrial sites within the county and he wondered if this proposal would make industrial users go through a two step process (i.e. Minute Book Number 31 Board of Supervisors Regular Meeting of 06/14/06 493 comprehensive plan amendment and rezoning) to develop a site. Deputy Director Ruddy responded no because the SWSA was not modified in any of the industrial areas. Supervisor Van Osten asked how this process would unfold (e.g. part of a larger UDA study). Deputy Director Ruddy responded this proposal would be appropriate to move forward separate from the UDA study. He went on to say that upon direction of the Board all impacted property owners would be notified. Chairman Shickle asked that adjacent properties in areas where acreage was being added to the UDA and SWSA be notified. He then discussed the confusion caused by the similarity in name ofthe Rural Areas land use designation and Rural Areas zoning designation. He asked stafIto see if this could be addressed within the ordinance. Deputy Director Ruddy advised that the land use policies were part ofthe Comprehensive Plan and the UDA and RA were land use designations. He went on to say that zoning is an implementation of that designation. Chairman Shickle suggested that staff come up with some type of non-varying name for parcels not in the UDA. Supervisor Fisher suggested that staff should have the UDA in Area #5 conform to the RP zoned properties instead ofthe R4 because the R4 was proffered out of that plan. Deputy Director Ruddy responded that he believed staff had captured that in the proposal. Supervisor Lemieux asked for an acreage calculation for the reduction of UDA parcels located within the SWSA. Deputy Director Ruddy responded that he did not have those figures, but he could supply Supervisor Lemieux with that information. Upon a motion by Supervisor DeHaven, seconded by Supervisor Lemieux, the Board approved sending this proposal to the Planning Commission for public hearing with the notification as discussed previously. The above motion was approved by the following recorded vote: Richard C. Shickle Bill M. Ewing Aye Aye Minute Book Number 31 Board of Supervisors Regular Meetinl( of 06/14/06 494 Charles S. DeHaven, Jr. Gary W. Dove Gene E. Fisher Philip A. Lemieux Barbara E. Van Osten Aye Absent Aye Aye Aye DISCUSSION OF TYSON DRIVE EXTENSION Zoning & Subdivision Administrator Mark Cheran appeared before the Board regarding this item. He advised the Tyson Drive Extension within the Stonewal1 Industrial Park is being presented to the Board due to its implications on theplanncd route for Route 37. He went on to say that Tyson Drive would tie into Welltown Road after crossing the Lenoir City Company property. The plans for Stonewall Industrial Park do not accommodate the Route 37 right-of-way. He concluded by saying this item was being presented to the Board for informational purposes only. Chairman Shickle asked the approximate distance from the Welltown connection and Route 37. Ron Mislowsky of Patton Harris Rust and Associates, representing the applicant, responded that it was about one mile. BOARD LIAISON REPORTS There were no Board liaison reports. CITIZEN COMMENTS There were no citizen comments. BOARD OF SUPERVISORS COMMENTS There were no Board of Supervisors' comments. ADJOURN UPON A MOTION MADE BY VICE-CHAIRMAN EWING, SECONDED BY SUPERVISORDEHA YEN, THERE BEING NO FURTHER BUSINESS TO COME BEFORE THIS BOARD, THIS MEETING IS HEREBY ADJOURNED. (8:17 P.M.) ~o O~9,.O ~ Richard C. Shickle Chairman, Board of Supervisors l!!J5., /b--r n R. Riley, Jr. Clerk, Board of Supervisors Minute Book Number 31 Board of Supervisors Regular Meeting of 06/14/06 495 Minutes Prepared By: ~C{~ JayE. T bs Deputy Clerk, Board of Supervisors Minute Book Number 31 Board of Snpcrvisors Regular Meeting of 06/14/06