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HomeMy WebLinkAboutJune 28, 2006 Regular Meeting 496 A Regular Meeting ofthe Frederick County Board of Supervisors was held on Wednesday, June 28, 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.; Gary W. Dove; Gene E. Fisher; Philip A. Lemieux; and Barbara E. Van Osten. 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 Fisher, the Board convened in Closed Session pursuant to Code a/Virginia, 1950, as Amended, Section 2.2-3711 A (3) to discuss acquisition and disposition of real estate. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Bill M. Ewing Aye Charles S. DeHaven, Jr. Aye Gary W. Dove Aye Gene E. Fisher Aye Philip A. Lemieux Aye Barbara E. Van Osten Aye BOARD RECONVENED INTO REGULAR SESSION Upon a motion by Vice-Chairman Ewing, seconded by Supervisor Van Osten, the Board came out of closed session and reconvened in Regular Session. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Bill M. Ewing Aye Charles S. DeHaven, Jr. Aye Gary W. Dove Aye Gene E. Fisher Aye Philip A. Lemieux Aye Barbara E. Van Osten Aye Upon a motion by Vice-Chairman Ewing, seeonded by Supervisor Dove, the Board certified that to the best of each board member's knowledge only Virginia Code Section 2.2-3711 A (3) acquisition and disposition of real estate were discussed. The above motion was approved by the following recorded vote: Minute Book Number 31 Board of Supervisors Regular Meeting of 06/28/06 497 Richard C. Shickle Aye Bill M. Ewing Aye Charles S. DeHaven, Jr. Aye Gary W. Dove Aye Gene E. Fisher Aye Philip A. Lemieux Aye Barbara E. Van Osten Aye CALL TO ORDER Chairman Shickle called the meeting to order. INVOCATION Supervisor Dove delivered the invocation. PLEDGE OF ALLEGIANCE Vice-Chainnan Ewing led thc Pledge of Allegiance. ADOPTION OF AGENDA - APPROVED AS AMENDED County Administrator John R. Riley, Jr. advised that he had two changes to the agenda: Request from the applicant to postpone the Russell-Glendobbin rezoning. Addition of a Resolution in Support of Cost of Competing Funds for Frederick County and Winchester Schools. Upon a motion by Supervisor DeHaven, seconded by V ice-Chairman Ewing, the agenda was approved as amended. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Bill M. Ewing Aye Charles S. DeHaven, Jr. Aye Gary W. Dove Aye Gene E. Fisher Aye Philip A. Lemieux Aye Barbara E. Van Osten Aye CONSENT AGENDA - APPROVED Administrator Riley offered the following items for the Board's consideration under the Consent Agenda: Mutual Aid Agreement between Mt. Weather Emergency Operations Center and Frederick County Fire and Rescue Department - Tab E; Parks and Recreation Committee Report - Tab F; Road Resolution - Canter Estates, Section 3 and Brabant Drive - Tab I. Upon a motion by Supervisor Van Osten, seconded by Supervisor Fisher, the Board Minute Book Number 31 Board of Supervisors Regular Meeting of 06/28/06 498 approved the consent agenda by the following recorded vote: Richard C. Shickle Aye Bill M. Ewing Aye Charles S. DeHaven, Ir. Aye Gary W. Dove Aye Gene E. Fisher Aye Philip A. Lemieux Aye Barbara E. Van Osten Aye CITIZEN COMMENTS Lisa Cloo, Red Bud District, appeared before the Board regarding the donation of a 3.5 acre park proposed as part of the Orrick Cemetery rezoning. She encouraged the Board to accept this park as a public park. Vince Leonardis, Red Bud District, stated the Red Bud District was the most densely populated district in Frederick County, but they receive the least amount of services (i.e. parks). He requested that the Board accept the 3.5 acres proffered by Orrick Cemetery as a public park. Tina Bowman, Red Bud District, stated she was a strong supporter of having more parks. She urged the Board to accept this property as a public park. Charles Holden, Red Bud District, asked the Board to accept this donated park land. Gene Orr, Red Bud District, stated his children did not have a park to play in and he urged the Board to accept the park on the Orrick property. Joanne Leonardis, Red Bud District, stated that she wanted to bri ng to the Board's attention the lack of public services in this area. She urged the Board to acccpt the park property as it would help make this area more of a community. BOARD OF SUPERVISORS COMMENTS There were no citizen comments. MINUTES-APPROVED Upon a motion by Vice-Chairman Ewing, seconded by Supervisor DeHaven, the Board approved the minutes from the Iune l4, 2006 meeting, as presented. Supervisor Dove stated that he would be abstaining from this vote, as he was not present at that meeting. The above motion was approved by thc following recorded vote: Richard C. Shickle Bill M. Ewing Aye Aye Minu(e Book Number 31 Board of Supervisors Regular Meeting of 06/28/06 499 Charles S. DeHaven, Jr. Gary W. Dove Gene E. Fisher Philip A. Lemieux Barbara E. Van Osten Aye Abstained Aye Aye Aye COUNTY OFFICIALS VIRGINIA 2007 COMMUNITY PROGRAM COMMITTEE PRESENTATION TO THE BOARD RE: UPDATE ON PROGRAM Karen Vacchio, Public Relations Coordinator for Parks and Recreation and County representative to the Virginia 2007 Community Program Committee, appeared before the Board to provide an update on this program. She reviewed the three goals ofthis program: To increase awareness of Jamestown and Virginia's pivotal role in the founding of the U.S. and its 400 years of growth. To increase tourism throughout the Commonwealth. To encourage economic development in all sectors of Virginia. She then touched on the creation of the program. She then cited the mission of the Winchester- Frederick County committee, which is: To increase tourism and expand economIc development throughout Winchester- Frederick County. To involve and engage the entire community. To celebrate our heritage and history and to renew educational awareness about our contributions to the development of Virginia. Projects that have been completed by the Committee include the Virginia Forum and City of Winchester Schools Essay Contest. Other legacy projects include the Patsy Cline Museum and an original play to be performed at Wayside Theatre. COMMITTEE APPOINTMENTS APPOINTMENT OF JANE WISINSKI AS SHA WNEE DISTRICT REPRESENTATIVE ON THE SOCIAL SERVICES BOARD - APPROVED Upon a motion by Supervisor Fisher, seconded by Supervisor Van Osten, the Board appointed Jane Wisinski to serve as Shawnee District representative on the Social Services Board. 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 Aye Bill M. Ewing Aye Charles S. DeHaven, Jr. Aye Minute Book Number 31 Board of Supervisors Regular Meeting of 06/28/06 500 Gary W. Dove Aye Gene E. Fisher Aye Philip A. Lemieux Aye Barbara E. Van Osten Aye APPOINTMENT OF TAMMY FVRR TO FILL THE UNEXPIRED TERM OF GEORGE SHUFFLEBOTHAM ON THE SHA WNEELAND SANITARY DISTRICT ADVISORY COMMITTEE - APPROVED Upon a motion by Supervisor Van Osten, seconded by Supervisor Fisher, the Board appointed Tammy Furr to fill the unexpired term of George Shufflebotham as a member of the ShawneeLand Sanitary District Advisory Committee, said term to expire July 13,2007. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Bill M. Ewing Aye Charles S. DeHaven, Jr. Aye Gary W. Dove Aye Gene E. Fisher Aye Philip A. Lemieux Aye Barbara E. Van Osten Aye REAPPOINTMENT OF JOHN LIGHT TO SERVE AS PLANNING COMMISSION REPRESENTATIVE ON THE CONSERVATION EASEMENT AUTHORITY _ APPROVED Upon a motion by Supervisor Van Osten, seconded by Supervisor DeHaven, the Board reappointed John Light to serve as the Planning Commission representative on the Conservation Easement Authority. This is a three year appointment, said term to expire August 24, 2009. The above motion was approved by the following reeorded vote: Richard C. Shickle Aye Bill M. Ewing Aye Charles S. DeHaven, Jr. Aye Gary W. Dove Aye Gene E. Fisher Aye Philip A. Lemieux Aye Barbara E. Van Osten Aye REQUEST FROM THE COMMISSIONER OF REVENUE FOR REFUND _ APPROVED The Commissioner of the Revenue requested a refund for Ford Motor Credit Company in the amount of $4,414.42. Upon a motion by Vice-Chairman Ewing, seconded by Supervisor Dove, the Board approved request for a refund. The above motion was approved by the following recorded vote: Minute Book Number 31 Board of Supervisors Regular Meeting of 06/28106 501 Richard C. Shicklc Aye Bill M. Ewing Aye Charles S. DeHaven, Jr. Aye Gary W. Dove Aye Gene E. Fisher Aye Philip A. Lemieux Ayc Barbara E. Van Osten Aye UPDATE ON DEVELOPMENT IMPACT MODEL COMMITTEE - COMMITTEE APPOINTED The following names were submitted for appointment to the Development Impact Model Oversight Committee: Economic Development Commission Planning Commission Administration Board of Supervisors Frederick County Public Schools Top of Virginia Building Association Finance Committee Josh Phelps (Winchester Metals) Paige Manuel and Roger Thomas Kris Tierney Gary Dove Stewart W olk J.P. Carr and Stephen PettIer Gary Lofton These members will serve for a ternl of one yeaf. It was noted during Board discussions that Planning Staff will serve as the support staff to the committee. Upon a motion by Supervisor Dove, seconded by Supervisor Lemieux, the Board approved the members of the Development Impact Model Oversight Committee. The above motion was approvcd by the following recorded vote: Richard C. Shickle Aye Bill M. Ewing Aye Charles S. DeHaven, Jr. Aye Gary W. Dove Aye Gene E. Fisher Aye Philip A. Lemieux Aye Barbara E. Van Osten Aye MUTUAL AID AGREEMENT BETWEEN MT. WEATHER EMERGENCY OPERATIONS CENTER AND FREDERICK COUNTY FIRE AND RESCUE DEPARTMENT - APPROVED UNDER CONSENT AGENDA The Board approved the mutual aid agreement between Mt. Weather Emergency Operations Center and the Frederick County Fire and Rescue Department under the consent agenda. RESOLUTION (#080-06) IN SUPPORT OF COST OF COMPETING FUNDS FOR FREDERICK COUNTY AND WINCHESTER SCHOOLS - APPROVED Administrator Riley advised that staff had been made aware through media reports that Clarke and Warren counties were designated eligible for cost of competing funds. This designation Minute Book Number 31 Board of Supervisors Regular Meeting of 06/28/06 502 adds a percentage on to teachers' salaries in areas with a high cost ofliving. He went on to say that Frederick County initiated this request years ago in its legislative agendas and only recently was there any acknowledgment from surrounding jurisdictions in the Northern Shenandoah Valley as to the importance of this issue. Administrator Riley stated that "we now find ourselves searching for a strategy that can achieve similarresults as the counties ofClarkc and Warren". He then offered the following joint resolution for the Board's consideration. He advised that the Winchester City Council would consider this same resolution at its July meeting. WHEREAS, the Frederick County and Winchester school systems hire and retain teachers annually; and WHEREAS, the employees of the Frederick County and Winchester school systems are regularly recruited for work in the Northern Virginia area; and WHEREAS, school systems in the Northern Virginia area advertise their positions in the Winchester news media; and WHEREAS, the schools systems in the Northern Virginia area receive additional funding from the Commonwealth of Virginia that is commonly referred to as "Cost of Competing" funds; and WHEREAS, this additional funding from the Commonwealth of Virginia for schools systems in the Northern Virginia places the Frederick County and Winchester school systems in a disadvantageous position when recruiting and retaining educators; and WHEREAS, this additional funding from the Commonwealth of Virginia for schools systems in the Northern Virginia forces the County of Frederick and the City of Winchester to increase property tax rates in order to fund thei r school systems at a level necessary to recruiting and retaining educators who are recruited by those jurisdictions receiving Cost of Competing supplements from the Commonwealth of Virginia; and WHEREAS, the Commonwealth of Virginia has extended the area receiving Cost of Competing supplements to surround but not include Frederick County and Winchester school systems thereby creating greater inequity and increasing financial stress for the Frederick County and Winchester school systems. NOW, THEREFORE, BE IT HEREBY RESOLVED, by the Board of Supervisors of the County of Frederick and the City Council of the City of Winchester hereby request the Commonwealth of Virginia to correct this inequity and add the Frederick County and Winchester school systems to the localities receiving Cost of Competing supplements; and BE IT FURTHER RESOLVED, that this resolution be delivered to our local delegates. Upon a motion by Supervisor Van Osten, seconded by Vice-Chairman Ewing, the Board approved the above resolution by the following recorded vote: Richard C. Shickle Aye Bill M. Ewing Aye Charles S. DeHaven, Jr. Aye Gary W. Dove Aye Gene E. Fisher Aye Minute Book Number 31 Board of Supervisors Regular Meeting of 06/28/06 503 Philip A. Lemieux Aye Barbara E. Van Osten Aye COMMITTEE REPORTS PARKS AND RECREATION COMMISSION REPORT - APPROVED UNDER CONSENT AGENDA The Parks and Recreation Commission met on June 20, 2006. Members present were: Robert Hartman, P. W. Hillyard, III, Larry Sullivan, Jeffrey Butler, Cheryl Swartz, Ronald Madagan, Charles Sandy, Jr., and Philip Lemieux. Items Requiring Board of Supervisors' Action: 1. None Submitted for Information Only: 1. Apple Valley Club Cosponsorship - Mr. Sandy moved to approve cosponsorship for the Apple Valley Soccer Club, second by Mr. Hartman, carried unanimously (7-0). Standing Committee Reports: 1. None FINANCE COMMITTEE REPORT - APPROVED The Finance Committee met in the Board of Supervisors' Meeting Room at 107 North Kent Street on Wednesday, June 21, 2006 at 8:00 a.m. Items #l, 3, 4, 6, 7, and 9 were approved under consent agenda. - Approved. Upon a motion by Vice-Chairman Ewing, seconded by Supervisor DeHaven, the consent agenda was approved by the following recorded vote: Richard C. Shickle Aye Bill M. Ewing Aye Charles S. DeHaven, Jr. Aye Gary W. Dove Aye Gene E. Fisher Aye Philip A. Lemieux Aye Barbara E. Van Osten Aye 1. The Social Services Director requests a General Fund sUlJplemental approQriation in the amount of$379.553. This amount represents funding increases to Public Assistance line items. Of this amount, state funds equal to $368,683 and local funds equal to $10,870. This amount will be transferred from other line items, therefore, no additional local funds are needed. See attached spreadsheet, p. 1. The committee recommends approval. - Approved Under Consent Agenda. 2. The Voter Registrar requests a General Fund supplemental appropriation to cover costs of conducting the Democratic Party Primary held on June 13, 2006. The exact amount of the requested appropriation will be available on the day of the meeting. Additional local funds are necessary. See attached memo, p. 2. The committee recommends approval and suggests that the Registrar draft a letter to be sent to the Senator and Delegates eoncerning future primary elections and the responsibility of the eosts being transferred to the political parties. - Approved. Upon a motion by Vice-Chairman Ewing, seconded by Supervisor Van Osten, the Board Minute Book Number 31 Board of Supervisors Regular Meeting of 06/28/06 50ft approved the above request by the following recorded vote: Richard C. Shickle Aye Bill M. Ewing Aye Charles S. DeHaven, Jr. Aye Gary W. Dove Aye Gene E. Fisher Aye Philip A. Lemieux Aye Barbara E. Van Osten Aye 3. The Sheriff requests an FY 2006-2007 General Fund supplemental appropriation in the amount of$144.714. This amount represents a grant awarded to the county by the Department of Criminal Justice Services. This grant is for equipment that will need to be purchased by the county and then requested for reimbursement by the DCJS. No additional local funds are needed. See attached memo, p. 3-4. The committec recommends approval. - Approved Under Consent Agenda. 4. The Sheriff requests a General Fund supplemental appropriation in the amount of $5,506.87. This amount represents DARE contributions, proceeds from DARE fundraiser and the sale of DARE t-shirts and is requested to be appropriated to the DARE Program line item. No additional local funds are needed. See attached memo, p. 5-6. The committee recommends approval. - Approved Under Consent Agenda. 5. The Deputy Director of Public Works requests an FY 2006 General Fund budget transfer from the contingency line item in the amount of$24.000 and a carry forward ofthe same funds to FY 2007. This amount represents the purchase of a new 4 x 4 crew cab pick up to replace the 1991 Ford Explorer. Additional local funds are necessary. See attached memo, p. 7-13. The committee recommends approval. - Approved. Upon a motion by Vice-Chairman Ewing, seconded by Supervisor Dove, the Board approved the above request by the following recorded vote: Richard C. Shickle Aye Bill M. Ewing Aye Charles S. DeHaven, Jr. Aye GalY W. Dove Aye Gene E. Fisher Aye Philip A. Lemieux Aye Barbara E. Van Osten Aye 6. The Solid Waste Manager requests a General Fund supplemental appropriation in the amount of $856. This amount represents donations from corporate sponsors for the Litter- Thon. No additional local funds are needed. See attached memo, p. 14-15. The committee recommends approval. - Approved Under Consent Agenda. 7. The Fire and Rescue Director requests an FY 2006-2007 General Fund supnlemental appropriation in the amount of $66,571. This amount represents a Homeland Security Grant and will be used to purchase a communications tower. It is requested that this amount be appropriated to the Communications Equipment linc item. No additional local funds are needed. See attached memo, p. 16. The committee recommends approval. - Approved Under Consent Agenda. 8. The Planning Department requests an FY 2006-2007 General Fund supplemental appropriation in the amount of $80,000. This amount is a per year cost. It is recommended by the Transportation Committee to fund public transit lines into Frederick County for a two year period with an annual review. It is also requested to increase the bus fares from $.50 to $1.00. This increase is also recommended by the Transportation Committee. Additional local funds are nccessary. See attach cd memo, p. 17-23. The committee recommends approval. - Approved. Minute Book Number 31 Board of Supervisors Regular Meeting of 06/28/06 50~ Upon a motion by Vice-Chairman Ewing, seconded by Supervisor Van Osten, the Board approved the above request by the following recorded vote: Richard C. Shickle Aye Bill M. Ewing Aye Charles S. DeHaven, Jr. Aye Gary W. Dove Aye Gene E. Fisher Aye Philip A. Lemieux Aye Barbara E. Van Osten Aye 9. The Juvenile Court Probation Director requests a General Fund budget transfer in the amount of $3.029.22. This amount represents transfers of unexpended funds from two personnel line items to cover unanticipated expenses. No additional local funds are needed. See attached memo, p. 24. The committee recommends approval. - Approved Under Consent Agenda. 10. The Shawneeland Sanitary District Advisory Committee requests a Shawneeland Sanitarv District Fund supplemental appropriation in the amount of$40,OOO. This amount is needed to demolish and replicate the historic water wheel building in Shawneeland. No additional local funds are needed. See attached memo p. 25. This item has been postponed awaiting further information. 11. The Assistant County Administrator will be discussing the upcoming Impact Model Committee. A representative from the Finance Committee will need to be appointed to this new committee. The committee appointed Gary Lofton to serve on the Impact Model Committee. 12. Attached is a legal opinion as well as responses from the Frederick County Fire and Rescue Association and two county fire companies regarding cash proffers. See attached letters, p.26-35. This item has been postponed awaiting Mr. Mitchell's availability to attend a Finance Committee meeting. Assistant County Administrator will arrange. 13. The Commissioner of the Revenue has provided additional requested information regarding Property Tax Relief. See attached memo, p. 36-39. The committee recommends the Commissioner of the Revenue provide additional scenarios. Final action is forthcoming. 14. The Finance Director requests discussion on the County's transfer offunds policy. The committee requests additional information at next month's meeting. ***For Information Only *** 1. Attached are letters of appreciation from the Youth Development Center, NW Works, and The Metropolitan Washington Ear for the county's FY 2006-2007 contribution. See attached, p. 40-42. 2. Unreserved fund balance is currently $15,834,901 with no changes from the previous month. PLANNING COMMISSION ITEMS (NON PUBLIC HEARING): REZONING #04-06 OF ORRICK CEMETERY, INC., SUBMITTED BY PATTON HARRIS RUST & ASSOCIATES, TO REZONE 33.61 ACRES FROM RA (RURAL AREAS) DISTRICT TO B2 (GENERAL BUSINESS) DISTRICT, WITH PROFFERS, FOR MIXED USE COMMERCIAL/RESIDENTIAL. THE PROPERTY IS LOCATED IN THE NORTHEAST OUADRANT OF THE INTERSECTION OF SENSENY ROAD (ROUTE 657) AND GREENWOOD ROAD (ROUTE 656) WITH ROAD FRONTAGE ALONG BOTH ROADWAYS, AND IS IDENTIFIED BY PROPERTY IDENTIFICATION NUMBER 55-A-201 IN THE RED BUD Minute Book Number 31 Board of Supervisors Regular Meeting of 06/28/06 506 MAGISTERIAL DISTRICT (VOTE POSTPONED FROM MAY 24, 2006 BOARD MEETING,) - APPROVED Senior Planner Susan Eddy appeared before the Board regarding this item. She advised that the Board held a public hearing on this proposed rezoning at its May 24, 2006 meeting, but at the conclusion ofthe public hearing, the Board postponed this application for up to 60 days in order to allow the applicant to address Board concerns. This property is located at the intersection of Greenwood Road and Senseny Road in the Red Bud Magisterial District. The proposed project will include the following components: commercial, multi-family, single family, a 3.5 acre park, and a tree save area. The proposcd B2 portion of thc propcrty will includc 158,000 square feet of commercial space. The residential portion will be age restricted. The proposed park could be dedicated to the County at a future date if both the applicant and the County agree. Senior Planner Eddy then reviewed the changes in the proffer statement: The applicant has proffered a median on Senseny Road. Formed concrete has been removed from the commercial buildings. Parking lot landscaping has been increased. Increased monetary proffer to $558 per unit for capital improvements and $2,854 per unit for road improvements. She concluded by saying that the Planning Commission unanimously recommended approval ofthe application. Supervisor Lemieux asked where the Parks and Recreation Department stood regarding the proposed 3.5 acre park site. Senior Planner Eddy responded that they were favorable to the idea, but it would need to go through their process. Supervisor Lemieux stated that the applicant had been forthcoming in addressing concerns and he would like to see them work with Parks and Recreation on the transfer of the 3.5 acre park property . Upon a motion by Supervisor Lemieux, seconded by Supervisor Fisher, the Board approved Rezoning #04-06. WHEREAS, Rezoning #04-06 of Orrick Cemetery, Inc., submitted by Patton Harris Rust & Associates, to rezone 33.61 acres from RA (Rural Areas) District to RP (Residential Perfornmnce) District and 22.06 acres from RA (Rural Areas) District to B2 (General Business) District with proffers, for Mixed Use Commercial/Residential, was considered. The property is located on the Minute Book Number 31 Board of Supervisors Regular Meeting of 06/28106 507 northeast quadrant of the intersection of Senseny Road (Route 657) and Greenwood Road (Route 656) with road frontage along both roadways, in the Red Bud Magisterial District, and is identified by Property Identification Number (PIN) 55-A-201. WHEREAS, the Planning Commission held a public hearing on this rezoning on May 3, 2006; and WHEREAS, the Board of Supervisors held a public hearing on this rezoning on May 24, 2006; and WHEREAS, the Frederick County Board of Supervisors finds the approval ofthis rezoning to be in the best interest of the public health, safety, welfare, and in conformance with the Comprehensive Policy Plan; 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 33.61 acres from RA (Rural Areas) Districtto RP (Residential Performance) District and 22.06 acres from RA (Rural Areas) District to B2 (General Business) District with proffers, for Mixed Use Commercial/Residential, as described by the application and plat submitted, subject to the attached conditions voluntarily proffered in writing by the applicant and the 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 Bill M. Ewing Aye Charles S. DeHaven, Jr. Aye Gary W. Dove Aye Gene E. Fisher Aye Philip A. Lemieux Aye Barbara E. Van Osten Aye ROAD RESOLUTION (#079-06) - CANTER ESTATES. SECTION 3 AND BRABANT DRIVE - APPROVED UNDER CONSENT AGENDA WHEREAS, the streets described on the attached Additions Form AM-4.3, 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 stornlwater 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 attached Additions Form AM-4.3 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. Minute Book Number 31 Board of Supervisors Regular Meeting of 06/28/06 508 This item was approved under the consent agenda. REQUEST FOR WORKSESSION - COMPREHENSIVE POLICY PLAN AMENDMENTS - WORKSESSION SCHEDULED The Board scheduled a worksession with the Planning Commission to review Comprehensive Policy Plan amendments for Monday, July 31, 2006 beginning at 12:00 p.m. PUBLIC HEARING: PUBLIC HEARING-AMENDMENT TO THE 2006-2007 FISCAL YEAR BUDGET - PURSUANT TO SECTION 15.2-2507 OF THE CODE OF VIRGINIA, 1950, AS AMENDED, THE BOARD OF SUPERVISORS WILL HOLD A PUBLIC HEARING TO AMEND THE FISCAL YEAR 2006-2007 BUDGET TO REFLECT: SCHOOL CONSTRUCTION FUND SUPPLEMENTAL APPROPRIATION IN THE AMOUNT OF $22,500,000. THIS AMOUNT REPRESENTS A BUDGET ADJUSTMENT FOR CONSTRUCTION COSTS ASSOCIATED WITH THE REPLACEMENT GAINESBORO ELEMENTARY SCHOOL. - (RESOLUTION #078-06) - APPROVED REVISED AMOUNT OF $17,475,000 Administrator Riley advised that this was a request from the School Board for a school construction fund supplemental appropriation in the amount of $22,500,000 for the construction of the replacement Gainesboro Elementary School. The School Board received bids for this project last night and approved the bid from Caldwell Santmyer in the amount of $15,490,000 for construction and a total project cost of $18,475,000. The budget will be amended to reflect a supplemental appropriation in the amount of $17,4 7 5 ,000 since the Board has already appropriated $1,000,000 for engineering and design for this project. Chairman Shickle convened the public hearing. There were no public comments. Chairman Shickle closed the public hearing. Upon a motion by Vice-Chairman Ewing, seconded by Supervisor Dove, the Board approved the following amendment to the Fiscal Year 2006-2007 : WHEREAS, the Frederick County Board of Supervisors, meeting in regular session and public hearing held on June 28, 2006, took the following action: NOW, THEREFORE, BE IT RESOLVED, by the Board of Supervisors that the FY 2006- 2007 Budget be Amended to Reflect: School Construction Fund Supplemental Appropriation in the Amount of$17,4 75.000. This Amount Represents a Budget Adjustment for Construction Costs Associated with the Replacement Gainesboro School. The above motion was approved by the following recorded vote: Minute Book Number 31 Board of Supervisors Regular Meeting of 06/28/06 50S Richard C. Shickle Aye Bill M. Ewing Aye Charles S. DeHaven, Jr. Aye Gary W. Dove Aye Gene E. Fisher Aye Philip A. Lemieux Aye Barbara E. Van Osten Aye PLANNING COMMISSION BUSINESS PUBLIC HEARING 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 FAMILY HOMES. THE PROPERTY IS LOCATED SOUTH AND ADJACENT TO GLENDOBBIN ROAD (ROUTE 673). APPROXIMA TEL Y 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 AT THE APPLICANT'S REOUEST) PUBLIC HEARING - CONSIDERATION OF MODIFICATIONS TO THE BOUNDARIES OF THE URBAN DEVELOPMENT AREA (UDA) AND SEWER AND WATER SERVICE AREA (SWSA). THE UDA AND SWSA BOUNDARIES ARE COMPONENTS OF THE COUNTY'S COMPREHENSIVE PLAN. AN EVALUATION OF THE UDA AND SWSA BOUNDARIES HAS IDENTIFIED EIGHT GENERAL AREAS WHERE DIFFERENCES WITH THE BOUNDARIES OCCUR OR WHERE INCONSISTENCY WITH THE LAND USE DESIGNATIONS OF THE COMPREHENSIVE POLICY PLAN HAS BEEN RECOGNIZED. THE MODIFICATIONS TO MORE APPROPRIATELY REFLECT THE COMPREHENSIVE POLICY PLAN WOULD RESULT IN A REDUCTION OF APPROXIMATELY 6.624 ACRES TO THE UDA AND A REDUCTION OF APPROXIMA TEL Y 1.495 ACRES TO THE SWSA. - (POSTPONED) BOARD LIAISON REPORTS There were no Board liaison reports. CITIZEN COMMENTS There were no citizcn comments. BOARD OF SUPERVISORS COMMENTS Supervisor Van Osten reported on her attendance at the pandemic flu summit held earlier this month. Chairman Shickle expressed his concerns about a possible pandemic. ADJOURN UPON A MOTION MADE BY VICE-CHAIRMAN EWING, SECONDED BY SUPERVISORDEHA VEN, THERE BEING NO FURTHER BUSINESS TO COME BEFORE THIS BOARD, THIS MEETING IS HEREBY ADJOURNED. (8:10 P.M.) Minute Book Number 31 Board of Supervisors Regular Meeting of 06/28/06 510 \LQs ~--D, ~. Richard C. Shickle Chairman, Board of Supervisors (jJ1{l/f Clerk, Board of Supervisors ~ c. iU Jay. bs Deputy Clerk, Board of Supervisors Minutes Prepared By: Minute Book Number 31 Board of Supervisors Regular Meeting of 06/28/06