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July 26, 2006 Regular Meeting 001 A Regular Meeting of the Frederick County Board of Supervisors was held on Wednesday, July 26, 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 Chainnan Shickle called the meeting to order. INVOCATION Reverend Robert Stainback, Winchester Area Christian Ministers' Association, delivered the invocation. PLEDGE OF ALLEGIANCE Vice-Chainnan Ewing led the Pledge of Allegiance. ADOPTION OF AGENDA - APPROVED Upon a motion by Supervisor DeHaven, seconded by Vice-Chairman Ewing, the Board approved the agenda as presented. 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 County Administrator John R. Riley, Jr. offered the following items for the Board's consideration under the consent agenda: Ordinance Implementing the Joint Exercise of Power/Consortium Agreement of the Shenandoah Valley Workforce Investment Board - Tab D; Transportation Committee Report - Tab F; Waiver Request of Todd Shenk to Enable a Family Division on a Parcel with Right-of- Way, 50' - Tab I; Waiver Request of Judith Shifflett - Tab 1. Minute Book Number 32 Board of Supervisors Regolar Meeting of 07/26/06 002 Upon a motion by V ice-Chairman Ewing, seconded by Supervisor Dove, the Board approved the consent agenda as presented. 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 Ayc Barbara E. Van Osten Aye CITIZEN COMMENTS Tricia Stiles, Stonewall District, appeared before the Board to discuss the proposed 100% drainfield reserve policy. She expressed her concern over the effect this policy might have on projects that are currently in the application process, but not yet approved. She asked the Board not to apply this policy to projects approved by the Health Department but currently in the county process. She thanked the Board for their responsiveness. Mark Smith, Grcenway Engineering, appeared before the Board to discuss the proposed 100% drainfield reserve. He submittcd a list of clients representing 253 lots that could be affected by this proposal. He advised that his soil scientists have already drilled perc holes on the properties. He also reviewed the time line to create a lot and estimated it to be about a 13 month process. Hc asked the Board to consider the impact on these proposed lots. Robert Spangler, Back Creek District, appeared before the Board to discuss the Dorman Dutcher waiver. He expressed concern about the water situation in his part ofthe county and stated ifthis waiver was granted it would drain the aquifer serving the area and could also result in possible septic system failures. He recommended that the Board deny this request. Kathy Kisak, Back Creek District, appeared before the Board on behalf of her husband and others regarding the Dutcher waiver request. She stated that she believed interpretation would be a big issue on this matter. She stated she and her husband thought they were buying a lot near a preservation parcel, but this is not what has occurrcd. She asked the Board for a future opportunity to speak ifthere was new information presented regarding this item. She submitted signatures and newspaper articles for the record. Paul Kisak, Back Creek District, appeared before the Board regarding the Dutcher wavier Minute Book Number 32 Board of Supervisors Regular Meeting of 07/26/06 003 request. He advised that he and his wife were ofthe original buycrs ofthe lot known as Cinnamon Hill subdivision. He stated when the lot was sold, they made sure the buyer knew about thc rural preservation lot. He went on to say that no one is preventing Mrs. Dutcher from selling, renting, or living in her house, but Mrs. Dutcher's only concern is how much money she can make. He urged the Board to deny this waiver. Linda Hyre, Stonewall District, appeared before the Board regarding the proposed 100% reserve drainfield policy. She stated this is a meaningless factor because there is no trigger to make someone fix their failing drainfield. She concluded by saying the best way to handle these systems is through sciencc not politics. BOARD OF SUPERVISORS COMMENTS There were no Board of Supervisors' comments. MINUTES-APPROVED Upon a motion by Supervisor Dove, seconded by Supervisor Fisher, the minutes from the June 28, 2006 regular meeting were 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 COUNTY OFFICIALS EMPLOYEE OF THE MONTH AWARDS FOR JUNE AND JULY 2006 - (RESOLUTION #002-06 AND #003-06) Chairman Shickle presented thc following resolutions to the Employee of the Month for the month of June and the month of July, 2006. RESOLUTION TO RECOGNIZE THE FREDERICK COUNTY EMPLOYEE OF THE MONTH Robert W. Sealock WHEREAS, the Frederick County Board of Supervisors recognizes that the County's employees are a most important resource; and, WHEREAS, on September 9, 1992, the Board of Supervisors approved a resolution which established the Employee of the Month award and candidates for this award may be nominated by any County employee; and, WHEREAS, the Board of Supervisors selects on employee from those nominated, based on Minute Book Number 32 Board of Supervisors Regular Meeting of 07/26/06 004 the merits of outstanding performance and productivity, positive job attitude and other noteworthy contributions to their department and to the County; and, WHEREAS, Robert W. Sealock, who serves as a Specialist with the Fire & Reseue Department was nominated for Employee of the Month; and, WHEREAS, Robbie is deserving of a special recognition for spending many hours of his work day equipping emergeney vehicles with lights, sirens, and mounting radios which has saved the County thousands of dollars and Robbie has enjoyed doing this and has become very proficient at it; and NOW, THEREFORE, BE IT RESOLVED, by the Frederick County Board of Supervisors this 26th day of July, 2006, that Robert W. Sealock is hereby recognized as the Frederick County Employee of the Month for June, 2006; and BE IT FURTHER RESOLVED, that the Board of Supervisors extends gratitude to Robert W. Sealock for his outstanding performance and dedicated service and wishes him continued success in future endeavors; and BE IT FURTHER RESOLVED, that Robert W. Sealock is hereby entitled to all of the rights and privileges associated with this award. RESOLUTION TO RECOGNIZE THE FREDERICK COUNTY EMPLOYEE OF THE MONTH Amy L. Peters WHEREAS, the Frederick County Board of Supervisors recognizes that the County's employees are a most important resource; and, WHEREAS, on September 9,1992, the Board of Supervisors approved a resolution which established the Employee of the Month award and candidates for this award may be nominated by any County employee; and, WHEREAS, the Board of Supervisors selects on employee from those nominated, based on the merits of outstanding performance and productivity, positive job attitude and other noteworthy contributions to their department and to the County; and, WHEREAS, Amy L Peters, who serves as a Firefighter/EMT with the Fire & Reseue Department was nominated for Employee ofthe Month; and, WHEREAS, Amy is deserving of a special recognition for spending many hours outside of her regular duties to complete a Standard Operating Procedure for Critical Incident Stress Management for the Fire & Rescue Department and this procedure provides an effective process for emergency response personnel to reduce the emotional and mental anguish associated with stressful emergeney incidents; and NOW, THEREFORE, BE IT RESOLVED, by the Frederick County Board of Supervisors this 26th day of July, 2006, that Amy L. Peters is hereby recognized as the Frederick County Employee of the Month for May, 2006; and BE IT FURTHER RESOLVED, that the Board of Supervisors extends gratitude to Amy L. Peters for her outstanding performance and dedicated service and wishes her continued success in future endeavors; and BE IT FURTHER RESOLVED, that Amy L. Peters is hereby entitled to all of the rights and privileges associated with this award. Minute Book Number 32 Board of Supervisors Regular Meeting of 07/26/06 005 COMMITTEE APPOINTMENTS KRIS C. TIERNEY APPOINTED TO THE COURTHOUSE MUSEUM BOARD - APPROVED Upon a motion by Supervisor Van Osten, seconded by Vice-Chairman Ewing, the Board approved the appointment of Assistant County Administrator Kris C. Tierney to serve on the Courthouse Museum Board. The above motion was approved 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 NOMINATION OF WILLIAM WHITE TO SERVE ON THE LOCAL EMERGENCY PLANNING COMMITTEE - APPROVED Upon a motion by Supervisor DeHaven, seconded by Supervisor Van Osten, the Board approved the nomination of Willi am White ofH. P. Hood, LLC, to serve on the Local Emergency Planning Committee. The above motion was approved by the following recorded vote: Richard C. Shick1e 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 APPOINTMENT OF KATHLEEN PITCOCK TO SERVE AS BACK CREEK DISTRICT REPRESENTATIVE ON THE SOCIAL SERVICES BOARD - APPROVED Upon a motion by Supervisor Van Osten, seconded by Supervisor Dove, the Board approved the appointment of Kathleen Pitcock to serve as Back Creek 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, Ir. Aye Gary W. Dove Aye Gene E. Fisher Aye Philip A. Lemieux Aye Minute Book Number 32 Board of Snpervisors Regular Meeting of 07/26/06 006 Barbara E. Van Osten Aye ORDINANCE IMPLEMENTING THE JOINT EXERCISE OF POWERS/CONSORTIUM AGREEMENT OF THE SHENANDOAH VALLEY WORKFORCE INVESTMENT BOARD - APPROVED UNDER CONSENT AGENDA AN ORDINANCE TO ADOPT AND APPROVE A JOINT EXERCISE OF POWERS AGREEMENT AMONG COUNTY OF AUGUSTA, VIRGINIA; COUNTY OF BATH, VIRGINIA; THE CITY OF BUENA VISTA, VIRGINIA; COUNTY OF CLARKE, VIRGINIA; COUNTY OF FREDERICK, VIRGINIA; THE CITY OF HARRISONBURG, VIRGINIA; COUNTY OF HIGHLAND, VIRGINIA; THE CITY OF LEXINGTON, VIRGINIA; COUNTY OF PAGE, VIRGINIA; COUNTY OF ROCKBRIDGE, VIRGINIA; COUNTY OF ROCKINGHAM, VIRGINIA; COUNTY OF SHENANDOAH, VIRGINIA; THE CITY OF STAUNTON, VIRGINIA; COUNTY OF WARREN, VIRGINIA; THE CITY OF W A YNESBORO, VIRGINIA; AND THE CITY OF WINCHESTER, VIRGINIA WHEREAS, Virginia Code S 15.2-1300 et. ~ authorizes the joint exercise of powers by political subdivisions of the Commonwealth of Virginia; and WHEREAS, County of Augusta, Virginia; County of Bath, Virginia; the City of Buena Vista, Virginia; County of Clarke, Virginia; County of Frederick, Virginia; The City of Harrisonburg, Virginia; County of Highland, Virginia; The City of Lexington, Virginia; County of Page, Virginia; County of Rockbridge, Virginia; County of Rockingham, Virginia; County of Shenandoah, Virginia; The City of Staunton, Virginia; County of Warren, Virginia; The City of Waynesboro, Virginia; and the City of Winchester, Virginia desirc to establish the Shenandoah Valley Workforce Investment Area Consortium, to be comprised of such localities, the purpose of which shall be to plan, establish, and operate a Local Workforce Investment Area and Workforce Development Services Delivery System, in accordance with federal and state law and regulations; NOW, THEREFORE, BE IT ORDAINED, by the Board of Supervisors ofthe County of Frederick, Virginia (the "Board"), that: 1. Pursuant to the authority contained in Virginia Code S 15.2-1300, a Consortium Agreement among County of Augusta, Virginia; County of Bath, Virginia; the City of Buena Vista, Virginia; County of Clarke, Virginia; County of Frederick, Virginia; The City of Harrisonburg, Virginia; County of Highland, Virginia; The City of Lexington, Virginia; County of Page, Virginia; County of Rock bridge, Virginia; County of Rocking ham, Virginia; County of Shenandoah, Virginia; The City of Staunton, Virginia; County of Warren, Virginia; The City ofWaynesboro, Virginia; and the City of Winchester, Virginia is hereby approved, in substantially the form presented to the Board, with such changes as may later be approved by the County Administrator and the County Attorney. 2. The County Administrator is authorized to execute, on behalf of the County, and to deliver the Consortium Agreement, in substantially the form presented to the Board, with such changes as may later be approved by the County Administrator and the County Attorney. The execution of the Agreement by the County Administrator shall constitute conclusive evidence of his approval, and that of the County Attorney, of any and all changes from the document presented to the Board. 3. All acts of officers ofthe County, including without limitation, the County Administrator, regardless of whether such acts occurred prior to or occur after the adoption ofthis Ordinance, that are in conformity with the purposes and intent ofthis Ordinance and in furtherance ofthe transaction authorized by this Ordinance are hereby approved and ratified. 4. This ordinance shall become effective upon enactment unless enacted subsequent to July 1, 2006, in which event it shall bc effcctive retroactively to July 1, 2006. Minute Book Number 32 Board of Supervisors Regular Meeting of 07/26/06 007 This item was approved under the consent agenda. RESOLUTION (#001-06) AND MEMORANDUM OF UNDERSTANDING RE: PROJET AIRCRAFT SERVICES - APPROVED Administrator Riley advised this was a request to the Board for approval and appropriation of $120,000 to the Industrial Development Authority, from the Frederick County Economic Development Incentive Fund, to locate ProJet's management and operational aircraft facility in Frederick County, Virginia. If approved, Projet intends to invest not less than $800,000 (eight hundred thousand dollars) in new taxable real estate, to invest not less than $23,000,000 (twenty three million dollars) in new taxable aircraft and to create not less than 5 (five) net new full-time jobs at its management and operational aircraft facility to be located at within the Winchester Regional Airport in the county. Chairman Shickle noted the ratification of this agreement was to have occurred on July 1, 2006 and asked if this posed a problem. Administrator Riley advised the agreement could be amended to reflect a ratification date of September I, 2006. Upon a motion by Supervisor Van Osten, seeonded by Supervisor Dove, the Board approved the Resolution and Memorandum of Understanding re: Projet Aircraft Services with the July I" dates to be changed to September 1 st. WHEREAS, ProJet has made known its intent to locate its management and operational aircraft facility out ofthe Winchester Regional Airport by making new taxable real estate and new personal property investments and new jobs; and WHEREAS, the company meets the policy guidelines of the Frederick County Economic Development Incentive Fund as established by the Winchester-Frederick County Economic Development Commission in 1995; BE IT RESOLVED, that the Board of Supervisors for the County of Frederick, Virginia does hereby approve and appropriate the payment of up to $120,000.00 to the Industrial Development Authority of Frederick County, Virginia from the Frederick County Economic Development Incentive Fund to locate ProJet's management and operational aircraft facility in Frederick County, Virginia. BE IT RESOLVED, that said funds are subject to an executed Memorandum of Understanding outlining the required performance criteria. BE IT FURTHERRESOL VED, that the Board of Supervisors for the County of Frederick, Virginia does authorize the County Administrator to execute the Memorandum of Understanding on its behalf. ADOPTED this 26th day of July, 2006. Minute Book Number 32 Board of Supervisors Regular Meeting of 07/26/06 008 The above motion and resolution were 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 COMMITTEE REPORTS TRANSPORTATION COMMITTEE REPORT - APPROVED UNDER CONSENT AGENDA The Transportation Committee met on Monday, June 26, 2006 at 8:30 a.ill. All members were present. ***Items Requiring Action*** None at this time. ***Items Not Requiring Action*** 1. Route 37 Stonewall Alhmment Staff briefed the committee on the work being undertaken to determine the best alignment of future Route 37 through the vicinity of the Stonewall Industrial Park. This was just an information item as work is still taking place on this issue. The item will return once staff has received VDOT comment on the potential alternatives. 2. Update on Rural Transportation Proe:ram and the Eastern Road Plan Staff updated the committee on the progress of the Hard Surface Request Ratings, the Interstate, Primary, and Secondary Road Improvement Plans and the Eastern Road Plan. The Transportation Committee will be holding a public hearing at their July 24th meeting on the Interstate, Primary, and Secondary Road Improvement Plans. They will be reviewing the Eastern Road plan at their August meeting. 3. Information on MPO Bicvc1e and Pedestrian Mobilitv Plan Staff updated the Committee on the County's participation in the MPO Bicycle and Pedestrian Mobility Plan and informed them that, per MPO Policy Committee action, they were entitled to appoint one of their membership to the Stakeholders Committee for that plan. They appointed staff to fulfill that role. 4. Information on Enhancement Grants Staff updated the Committee on Enhancement Grants as the application time for that type of funding approaches. Enhancement Grants are meant to enhance bicycle and pedestrian movements within the locality. 5. Information Transportation Partnership Opportunitv Fund Mr. Charles Massie of VDOT briefed the committee on the potential uses of the Transportation Partnership Opportunity Fund. The fund was originally created last year and funded with $50 million. Now $13 million remains. The program can be used to advance transportation and/or economic development with loans of up to $30 million and grants of up to $5 million. Minute Book Number 32 Board of Supervisors Regular Meeting of 07/26/06 009 PUBLIC WORKS COMMITTEE REPORT - POSTPONED ACTION ON POLICY STATEMENT TO INCREASE DRAINFIELD RESERVE REOUIREMENT FOR UP TO 30 DAYS The Public Works Committee met on Tuesday, June 27, 2006 at 8:00 a.m. All members were present except Bob Wells. The following items were discussed: ***Items Requiring Action*** 1. Policy Statement to Increase Draintield Reserve ReQuirement - Postponed for 30 Days The committee reviewed and unanimously endorsed the following policy statement related to increasing the drainfield reserve area: All newly created lots platted after July 26, 2006, and served by private on-site sewage disposal systems shall have a one-hundred percent reserve drainfield in addition to a primary drainfield, which reserve drainfield shall have the same soil characteristics as the primary drainfield areas. All requirements pertaining to drainfields shall be established by regulations ofthe Virginia Health Department. Supervisor Lemieux advised that he believed there was a piece ofthis proposal that needed to go back to the Public Works Committee for review. Upon a motion by Supervisor Lemieux, seconded by Supervisor Dove, the Board postponed the proposed Policy Statement to Increase Drainfield Reserve Requirement for 30 days. 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 ***Items Not Requiring Action*** 1. ReQuest to Fund Phase II Storm water Management Permit Application (Attachment #1) The attached memorandum from Mr. Joe Wilder highlights the DCR mandate to include Frederick County in the Phase II stormwater management permitting process. The initial phase of this process will be the preparation of a permit application in accordance with the current state mandated procedures. Staff is proposing to utilize the consulting services of SCS Engineers to complete this application at an estimated cost of$25,000. Because the DCR request is considered an unfunded mandate, the committee unanimously endorsed a two-part motion: First, a motion was endorsed to request a transfer of $25,000 from Operational Contingencies to fund the Phase II application prepared by SCS Engineers. Second, a motion was endorsed to seek financial relief from the state through our local delegates. Staffwill draft a letter for the County Administrator's review and signature. The request for funding will be submitted to the Finance Committee for their review and approval. 2. ReQuest to Fund Clean-up of Cook Residence Blast Site (Attachment #2): Minute Book Number 32 Board of Supervisors Regular Meeting of 07/26/06 '010 A request was made by the Director of Public Works to fund the clean-up at the Cook residence blast site. The attached memorandum dated June 21, 2006 describes this proposed effort and presents a cost estimate of $20,000. The request was unanimously endorsed by the committee and will be forwarded to the Finance committee for their review and approval. 3. Carry Forward ReQuests from FY 2005/2006 Budl!:et to FY 2006/2007 Bud\:et: (Attachment #3) The attached memorandum dated June 22, 2006 summarizes the Department's requests to carry forward funds from the FY 2005/2006 budget to the FY 2006-2007 budget. After presenting each item, the committee unanimously endorsed the request which will be submitted to the Finance Committee for their review and approval. 4. Miscellaneous Reoorts: a. Tonnage Report (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 Board of Supervisors' Meeting Room at 107 North Kent Street on Wednesday, July 19,2006 at 8:00 a.m. Items #1, 2, 3, 4,6,7,8, and 10 were approved under consent agenda. Upon a motion by Vice-Chairman Ewing, seconded by Supervisor DeHaven, the Board approved the consent agenda 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 Public Safety Communication Operations Supervisor requests an FY 2006-2007 General Fund supplemental appropriation in the amount of$26.000. This amount represents a carry- forward for the cost of upgrading the MAGIC system, which is required by the Virginia State Wireless Board, and the maintenance agreement for the system. See attached memo, p.1. The committee recommends approval. - Approved Under the Consent Agenda. 2. The Public Safety Communications Operations Supervisor requests an FY 2006-2007 General Fund supplemental appropriation in the amount of$1.0 15. This amount represents a carry- forward for the cost of dispatcher testing software. See attached memo, p. 2. The committee recommends approval. - Approved Under the Consent Agenda. 3. The Public Safety Communications Operations Supervisor requests an FY 2006-2007 General Fund supplemental appropriation in the amount of$4. 700. This amount represents a carry- forward for the travel expenses and training cost ofthe CAD supplier to instruct staff on mapping. See attached memo, p. 3. The committee recommends approval. - Approved Under the Consent Minute Book Number 32 Board of Supervisors Regular Meeting of 07/26/06 011 Agenda. 4. The Public Safety Communications Operations Supervisor requests an FY 2006-2007 General Fund supplemental appropriation in the amount of$24.000. This amount represents a carry- forward for the cost of tower repairs currently scheduled for July 2006. See attached memo, p. 4. The committee recommends approval. - Approved Under the Consent Agenda. 5. The Shawneeland Sanitary District Advisory Committee requests an FY 2006-2007 Shawneeland Sanitarv District Fund supplemental appropriation in the amount of $40.000. This amount is needed to demolish and replicate the historic water wheel building in Shawnee land. This item was postponed at the June 15, 2006 committee meeting awaiting further information. No additional local funds are needed. See attached letter, p. 5. The committee recommends approval. 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 6. The Assistant County Administrator requests an FY 2006-2007 General Fund supplemental appropriation in the amount of$8.027.28. This amount represents a carry-forward for unexpended funds for training and maintenance of the County's telephone system. See attached memo, p. 6. The committee recommends approval. - Approved Under the Consent Agenda. 7. Thc Dcputy County Administratorrequests an FY 2006-2007 General Fund supplemental appropriation in the amount of$600. This amount represents a carry-forward for services requested for a modification to the Board of Supervisors' minutes web page. See attached memo, p. 7. The committee recommends approval. - Approved Under the Consent Agenda. 8. The County Administrator requests an FY 2006-2007 General Fund supplemental appropriation in the amount of $31,099.08. This amount represents a carry-forward for administrative costs associated with legal, staff, and engineering review of the design of the new public safety center. See attached memo, p. 8. The committee recommends approval. - Approved Under the Consent Agenda. 9. The County Administrator requests authorization to retain the services of a lobbyist to work on behalf of the County during the upcoming General Assembly session. No additional local funds required. See attached memo, p. 9. The committee recommends approval. Upon a motion by Vice-Chairman Ewing, seconded by Supervisor Lemieux, 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 10. The Sheriff requests an FY 2006-2007 General Fund supplemental appropriation in the amount of$3.000. This amount represents two Department of Motor Vehicle grants awarded to thc Minute Book Number 32 Board of Snpervisors Regular Meeting of 07/26/06 012 County. No additional local funds are needed. See attached memo, p. 10-12. The committee recommends approval. - Approved Under the Consent Agenda. 11. The Sheriff has been notified by the State Compensation Board of the addition of two new Deputy I positions. It is requested that the Committee decide to fund the additional positions through a supplemental appropriation or to use the funds toward currently budgeted positions. Additional local funds may be needed. See attached memo, p. 13-17. The committee recommends a FY 2006-2007 General Fund supplemental appropriation in the amount of $59,434 for additional State revenue funds for new compensation board positions to be applied to two current local positions. Upon a motion by Vice-Chairman Ewing, seconded by Supervisor DeHaven, the Board returned the above request to the Finance Committee. 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 12. The Clerk of Court has been notified by the State Compensation Board of the addition of three new Cashier I positions. It is requested that the Committee decide to fund the additional positions through a supplemental appropriation or to use the funds toward currently budgeted positions. Additional local funds may be needed. See attached memo, p. 18-20. The committee recommends a FY 2006-2007 General Fund supplemental appropriation in the amount of $73,442 of which $68,337 will be State funded. $5,105 in additional local funds are needed for the addition of two new positions. The third compensation board approved position funds will be applied to a current local position which makes all department positions State funded. Upon a motion by Vice-Chairman Ewing, seconded by Supervisor Fisher, 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 13. The Commissioner of the Revenue has been notified by the State Compensation Board of the addition of three new positions. It is requested that the Committee decide to fund the additional positions through a supplemental appropriation or to use the funds toward currently budgeted positions. Additional local funds may be needed. See attached memo, p. 21-24. The committee recommends a FY 2006-2007 General Fund supplemental appropriation in the amount of$37.612 of which $31,425 will be State funded. $6,187 in additional local funds are needed for the addition of two new positions. The third compensation board approved position funds will be applied to a current local position. Upon a motion by Supervisor Ewing, seconded by Supervisor DeHaven, the Board approved the above request by the following recorded vote: Minute Book Number 32 Board of Supervisors Regular Meeting of 07/26/06 013 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 14. TI}G DilGGtOJ ofPu:"I;\,o YI-ad,}, iGquGsts an PY 2006-2007 GGIlGial Pund supplemental applOpliation ill the amount of $25.000. This amount represents thc costs to O:"t";11 till;; "l;;lV ;,,(;S of a consultant tv }lL\,o}l1'u" the fhasc II Stollllwatu ManagullGllt f\,oLw;t appl;"aUon and has bccll GlldoL"\,oJ 1) tl,,:- fubE" '.Yolks COlltlllittcc Additioll"llv\,o,,1 fUIlJ... MG lh:cded. SCG attadlGd memo, p.25-34. This item was deleted from the agenda. 15. The Director of Public Works requests an FY 2006-2007 General Fund supplemental appropriation in the amount of$20.000. This amount represents the costs to clean up and stabilize the Cook resident blast site and has been endorsed by the Public Works Committee. Additional local funds may be needed. See attached memo, p. 35. A lien will be put against this property for the costs incurred. The committee recommends approval. 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 Gary W. Dove Aye Gene E. Fisher Aye Philip A. Lemieux Aye Barbara E. Van Osten Aye 16. The Director of Public Works requests an FY 2006-2007 Landfill Fund supplemental appropriation in the amount of$461.242. This amount represents various carry-forward requests, which have been endorsed by the Public Works Committee. Sec attached memo, p. 36-38. The committee recommends approval. Upon a motion by Vice-Chairman Ewing, seconded by Supervisor DeHaven, the Board rcturned the above request to the Finance Committee. 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 17. The Director of Public Works requests an FY 2006-2007 General Fund supplemental appropriation in the amount of$3 7 .87 5. This amount represents a carry- forward request to complete the development of an automated scheduling system in the Inspections Department. The Public Works Committee has endorsed this request. See attached memo, p. 39-40. The committee recommends approval. Upon a motion by Vice-Chairman Ewing, seconded by Supervisor Dove, the Board approved Minute Book Number 32 Board of Supervisors Regular Meeting of 07/26/06 014 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 18. The Director of Public Works requests an FY 2006-2007 General Fund supplemental appropriation in the amount of$266. 7 51. This amount represents carry- forward requests for printing and binding of a wall calendar, to construct new citizens' convenience site in Clearbrook, and to pay the lease on the Greenwood citizens' convenience site. The Public Works Committee has endorsed this request. See attached memo, p. 41. The committee recommends approval for the carry forward of$2,800 for printing and binding. The remaining requests have been postponed awaiting further information. Upon a motion by Vice-Chairman Ewing, seconded by Supervisor Fisher, the Board approved the carry forward of $2,800 by the following recorded vote: Richard C. Shickle Aye Bill M. Ewing Ayc Charles S. DeHaven, Jr. Aye Gary W. Dove Aye Gene E. Fisher Aye Philip A. Lemieux Aye Barbara E. Van Osten Aye 19. The Chief Magistrate requests an FY 2006-2007 General Fund supplemental appropriation in the amount of$1O,375. This amount represents the FY 2006-2007 budget request for the magistrate office. All funds needed are local. See attached memo, p. 42-43. This budget is partially reimbursed to the County by the City of Winchester, Clarke, and Shenandoah Counties. The committee recommcnds approval. Upon a motion by Vice-Chairman Ewing, seconded by Supervisor DeHavcn, the Board approved the above request 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 20. Attached is a response regarding the criteria for inclusion of a project in the Capital Improvements Plan. This is in response to last month's discussion on cash proffers and the legal opinion submitted by council. Mr. Mitchell will attend the August 16, 2006 meeting to answer further questions. See attached e-mail.p.44-46.This item has been postponed awaiting further information. It was requested that staff review CIP criteria and proffer disbursements. 21. The Commissioner of the Revcnue has provided additional requested scenarios to continue discussion on Property Tax Relief. See attached spreadsheet, p. 47-49. The committee recommends increasing the qualifying asset limit from $100,000 to $150,000. Minute Book Number 32 Board of Supervisors Regular Meeting of 07/26/06 015 Upon a motion by Vice-Chairman Ewing, seconded by Supervisor Lemieux, 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 22. Staff recommendation is provided for the proposed revision of the County's transfer of funds policy. See attached, p. 50. The committee recommends that intra departmental transfer limit be eliminated and the interdepartmental transfer limit be increased from $10,000 to $25,000. All transfers will follow current guidelines and are approved by the department head and the County Administrator. Upon a motion by Vice-Chairman Ewing, seconded by Supervisor DeHaven, 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 23. The Commissioner of the Revenue requests an FY 2006-20007 General Fund supplemental appropriation in the amount of $5.341.24. This amount represents a carry-forward request for items purchased and projects initiated in FY 2005-2006, but billing not yet received. See attached memo, p.51. The committee recommends approval. 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 Gary W. Dove Aye Gene E. Fisher Aye Philip A. Lemieux Aye Barbara E. Van Osten Aye ***For Information Only*** 1. Attached are letters sent, at the request of the committee, to Senator Potts, Delegate Athey, and Delegate Sherwood concerning future primary elections and the responsibility of the costs being transferred to the political party/parties. See attached, p. 52-54. 2. The Finance Director is providing a report on fund balance. See attached, p. 55. PLANNING COMMISSION BUSINESS OTHER PLANNING ITEMS Minnte Book Number 32 Board of Supervisors Regular Meeting of 07/26/06 016 WAIVER REOUEST OF TODD SHENK TO ENABLE A F AMIL Y DIVISION ON A PARCEL WITH RIGHT-OF-WAY. 50' - THIS ITEM WAS APPROVED UNDER THE CONSENT AGENDA WAIVER REOUEST OF JUDITH SHIFFLETT - THIS ITEM WAS APPROVED UNDER THE CONSENT AGENDA WAIVER REOUEST OF DEBORAH DUTCHER - DENIED Zoning and Subdivision Administrator Mark Cheran appeared before the Board regarding this item. He advised this was a request for an exception to the Subdi vision Ordinance to reduce the existing Rural Preservation Lot from 74% to 40%. He advised the applicant was aware this lot was a rural preservation lot. He went on to say that staff believes once a preservation lot is recorded/established it cannot be further subdivided. He advised that the Planning Commission, at its August 17, 2005 meeting, recommended denial of this request. He concluded by saying MI. Clifford Athey was present to represent the applicant. Clifford Athey appeared before the Board on behalf of this application. He reviewed the history of this parcel and this application. He stated that Mrs. Dutcher was advised, in the mid- 1990's, that she could subdivide this preservation parcel into four parcels and leave a reserve of 40%. He explained that the applicant was before the Board this evening to seek a waiver as strict interpretation ofthe ordinance poses a hardship for the property owner. He stated that currently staff puts a note on the plats that say no further subdivision permitted. He advised this issue was appealed to the Board of Zoning Appeals in 2005. At that hearing, former Zoning Administrator Wayne Miller, who made the original interpretation, spoke in favor of the appeal. Mr. Athey responded to some of the comments made previously regarding the sale contract. He advised that Judge Prosser stated the May 4, 2000 document caused a cloud in the title and is an invalid attempt to file covenants on the property. Judge Prosser went on to write the notice of covenants should be stricken from the public record. Mr. Athey stated this waiver request was a matter offairness and equity. He went on to say he respected current staff's interpretation, but requested the applicant be allowed to further subdivide the parcel down to 40% because it is a unique situation and creates a financial hardship. He concluded by asking the Board to grant the waiver. Debra Dutcher, the applicant, advised the Board that she had relied on Mr. Miller's interpretation regarding the further division of the property and felt she had no reason to question anyone else. She went on to say that "it's like the rules have changed". She concluded by saying Minute Book Number 32 Board of Supervisors Regular Meeting of 07/26/06 017 she hoped the Board would be fair. Supervisor Van Osten stated this issue has been controversial from the onset and has been fraught with questions regarding interpretation and the intent of the seller. She found the judicial overrule ofthe conditions to be interesting; however, the most compelling information was the lots were sold under the assumption of no further subdivision. Upon a motion by Supervisor Van Osten, seconded by Supervisor DeHaven, the Board denied the subdivision exception request of Deborah Dorman Dutcher. The above motion was approved by the following recorded vote: Richard C. Shickle Nay Bill M. Ewing Aye Charles S. DeHaven, Jr. Aye Gary W. Dove Aye Gene E. Fisher Aye Philip A. Lemieux Nay Barbara E. Van Osten Aye MASTER DEVELOPMENT PLAN - WHITE HALL BUSINESS PARK (ALBAN TRACTOR)-APPROVED Planner II Candice Perkins appeared before the Board regarding this item. She advised this was a master development plan for a 20 acre parcel located in the Stonewall Magisterial district. The property is zoned M1 (Industrial, Light District). The applicant has proffered to develop a lane striping plan at the entrance of Rest Church Road and Zachary Lane, as well as complete the construction and paving of Zachary Ann Lane. Further, there is proposed a 50- foot buffer along the southern property line and Interstate 81. The master development plan is consistent with the zoning ordinance and addresses staffs concerns. The Planning Commission recommended approval. The applicant is requesting the Board grant staff administrative authority to approve this plan. Upon a motion by Supervisor DeHaven, seconded by Supervisor Van Osten, the Board granted staff administrative authority to approve the Master Development Plan #06-06. 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 MASTER DEVELOPMENT PLAN - BROOKLAND MANOR - APPROVED Minnte Book Number 32 Board of Supervisors Regular Meeting of 07/26/06 018 Planner I Bernard Suchicital appeared before thc Board regarding this item. He advised this was a master development plan for 68 townhouse units on 8.83 acres located on Brookland Lane in the Red Bud Magisterial District. The applicant will provide two tot lots and proposes to save the existing Brook Land House. The site will be acccssed via Brookland Lane. The Planning Commission recommended approval. He concluded by saying this plan conforms to the ordinance requirements and staff is seeking authorization to administratively approve this plan. Supervisor Lemieux asked if there were any plans for the existing house. Planner I Suchicital responded the house would be preservcd as a historic property. Upon a motion by Supervisor Lemiuex, seconded by Supervisor Dove, the Board granted staff authority to administratively approve Master Development Plan #04-06. 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 PLANNING COMMISSION BUSINESS PUBLIC HEARINGS PUBLIC HEARING - CONDITIONAL USE PERMIT #10-05 OF WILLIAM BROY FOR AN OFF-PREMISE BUSINESS SIGN. THIS PROPERTY IS LOCATED AT 3605 VALLEY PIKE. AND IS IDENTIFIED WITH PROPERTY IDENTIFICATION NUMBER 63-A-84 IN THE SHAWNEE MAGISTERIAL DISTRICT - POSTPONED FOR 30 DAYS Planning Technician Kevin Henry appeared before the Board regarding this item. He advised this was a conditional use permit application for the erection of an off-premise business sign located on Valley Pike in the Shawnee Magisterial district. He adviscd the proposed use would be located on a 1/3 acre parcel currently zoned B3 (Industrial Transition). The proposed sign will adhere to the Frederick County Zoning Ordinance and will contain no more than 50 square feet. The sign will be a monument style sign. The Planning Commission recommcnded approval with the following conditions: 1. The sign shall be a monument-style sign, 50 square feet in area and no more than ten feet in height. Minute Book Number 32 Board of Supervisors Regular Meeting of 07/26/06 019 2. This is classified as a development entrance sign and is to provide advertisement strictly for businesses along Commonwealth Court. 3. The sign is not to display any material that would constitute it as being classified as a directional sign (i.e. messages concerning the distance or direction to particular locations). 4. The sign will consist of a brick base and shall be properly maintained. 5. All review agency comments and requirements shall be complied with at all times. Bill Broy, applicant, appeared before the Board and advised he was doing this to help the businesses along Commonwealth Boulevard. He concluded by saying that he would abide by all of the conditions. Chairman Shickle convened the public hearing. Mike Boyce, owner of Boyce's Martial Arts, requested this location not be used for the Commonwealth Business Park sign. He went on to say that the businesses wanted a sign that all could participate in. He concluded by requesting this application be tabled until his conditional use permit for a proposed off-site sign could be reviewed. He then submitted a petition signed by some of the business owners located in Commonwealth Business Park. There being no further comments, Chairman Shickle closed the public hearing. Upon a motion by Supervisor Fisher, seconded by Supervisor Lemieux, the Board postponed Conditional Use Permit #10-05 for 30 days. 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 PUBLIC HEARING - REZONING #07-06 OF SENSENY ROAD RENTALS, LLC. SUBMITTED BY PAINTER-LEWIS, PLC, TO REZONE TWO ACRES FROM RA (RURAL AREAS) DISTRICT TO RP (RESIDENTIAL PERFORMANCE) DISTRICT WITH PROFFERS, FOR FOUR SINGLE FAMILY HOMES. THE PROPERTY IS LOCATED ON SENSENY ROAD (ROUTE 657) APPROXIMA TEL Y 350' WEST OF ASHLEY DRIVE (ROUTE 63), AND IS IDENTIFIED BY PROPERTY IDENTIFICATION NUMBER 65-A-46, IN THE SHAWNEE RED BUD MAGISTERIAL DISTRICT. - RETURNED TO THE PLANNING COMMISSION FOR READVERTISEMENT OF PUBLIC HEARING Supervisor Lemieux advised that he would be abstaining from consideration ofthis item as his property borders the property proposed for rezoning. Minute Book Number 32 Board of Supervisors Regular Meeting of 07/26/06 020 Deputy Director of Planning and Development Mike Ruddy appeared before the Board regarding this item. He advised this was a proposal to rezone 2 acres from RA (Rural Areas) District to RP (Residential Performance) District with proffers for four single family age restricted homes. A storm drainage analysis is required by the county engineer. The applicant has proffered a new cul-de-sac public street. The development will be in close proximity to Senseny Road and future Route 37. Deputy Director Ruddy advised the applicant's transportation analysis was due to the limited scope ofthis development. There is also a proffered lane widening of Senseny Road and a bike path. There is further proffered $5,000 per unit for transportation. The application is consistent with the goals of the Comprehensive Plan. The Planning Commission recommended approval. Supervisor Fisher noted the agenda stated Shawnee District and the property is situated in the Red Bud District. Chairman Shickle convened the public hearing. There were no public comments. Chairman Shickle closed the public hearing. He then asked if the public hearing advertisement contained the correct magisterial district. Administrator Riley responded that staff would research the language of the hearing advertisement. Upon a motion by Supervisor Fisher, seconded by Supervisor DeHaven, the Board approved Rezoning #07-06 provided staff could validate the hearing was advertised correctly. 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 Aye Aye Abstain Aye Later in the meeting, (following the Board's recess) it was determined that the public hearing advertisements for both the Board and Planning Commission listed the incorrect magisterial district. Upon a motion by Supervisor Fisher, seconded by Supervisor DeHaven, the Board returned Rezoning #07-06 to the Planning Commission for readvertisemcnt and public hearing at the County's expense. Minute Book Number 32 Board of Supervisors Regular Meeting of 07/26/06 021 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 Ayc Aye Aye Abstain Aye PUBLIC HEARING - REZONING #08-06 OF SHAWNEE DRIVE (WEBB) PROPERTY, SUBMITTED BY PAINTER-LEWIS, PLC, TO REZONE .94 ACRES FROM RP (RESIDENTIAL PERFORMANCE) DISTRICT TO B2 (GENERAL BUSINESS) DISTRICT WITH PROFFERS, FOR OFFICE USE. THE PROPERTY IS LOCATED ON SUA WNEE DRIVE, APPROXIMATELY 250' EAST OF THE INTERSECTION OF ROUTE 11 & SHAWNEE DRIVE, ON THE RIGHT SIDE OF THE ROAD, AND IS IDENTIFIED BY PROPERTY IDENTIFICATION NUMBER 63-A-I04. IN THE SHAWNEE MAGISTERIAL DISTRICT. - APPROVED Planner II Candice Perkins appeared before the Board regarding this item. She advised this was a proposal to rezone .94 acres from RP (Residential Performance) District to B2 (General Business) District with proffcrs. She revicwed the proffer statement, in which the applicant proffered a generalized development plan that restricts the development ofthis site to a 9,000 square foot office building; site access off of Shawnee Drive only, and a five foot sidewalk along Shawnee Drive. 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 Dove, the Board approved Rezoning #08-06. WHEREAS, Rezoning #08-06 of Shawnee Drive (W ebb) Property, submitted by Painter- Lewis, PLC, to rezone .94 acres from RP (Residential Performance) District to B2 (General Business) District with proffers for office use, was considered. The property is located on Shawnee Drive, approximately 250 feet east ofthe intersection of Route 11 and Shawnee Drive, on the right side of the road, in the Shawnec Magisterial District, and is identified by Property Identification Number (PIN) 63-A-I04. WHEREAS, the Planning Commission held a public hearing on this rezoning on June 21, 2006; and WHEREAS, the Board of Supervisors held a public hearing on this rezoning on July 26, 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 Comprchensive Policy Plan. Minute Book Number 32 Board of Supervisors Regular Meeting of 07/26/06 022 NOW, THEREFORE, BE IT ORDAINED by thc Frederick County Board of Supervisors that Chapter 165 of the Frederick County Code, Zoning, is amended to revise the Zoning District Map to change .94 acres from RP (Residential Performance) District to B2 (General Business) District with proffers for office use, 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 PUBLIC HEARING - AN ORDINANCE TO AMEND THE FREDERICK COUNTY CODE, CHAPTER 165. ZONING: ARTICLE VI. RP RESIDENTIAL PERFORMANCE DISTRICT: SECTION 165-64 RECREATION FACILITIES. AN AMENDMENT TO ENABLE A WAIVER OFREOUIRED COMMUNITY CENTERS IN SINGLE FAMILY SMALL LOT SUBDIVISIONS. - APPROVED WITH CHANGES Zoning and Subdivision Administrator Mark Cheran appeared before the Board regarding this item. He advised this proposed ordinance amendment would allow the Board of Supervisors to waive the community center requirements for subdivisions with less than 50 lots, provided an equivalent of three-age appropriate recreational units for each 30 dwelling units can be demonstrated. The Planning Commission held its public hearing on July 5,2006 and reconll11ended approval. Zoning Administrator Cheran distributed a revised ordinance which reduced the subdivision size to less than 25 lots. Evan Wyatt, Greenway Engineering, appeared before the Board on behalf of this item. Supervisor Dove asked why the number oflots changed from 50 to 25. Mr. Wyatt responded the Development Review and Regulations Subcommittee came up with information on 50 lots, but after consultation with staff and members ofthe Board, it was determined that 25 lots would be better. Chairman Shickle convened the public hearing. Joanne Leonardis, Red Bud District, spoke in favor of the waiver as long as recreational units replaced the community center. There being no further public comments, Chairman Shickle closed the public hearing. Upon a motion by Supervisor Dove, seconded by Supervisor Lemieux, the Board approved Minute Book Number 32 Board of Supervisors Regular Meeting of 07/26/06 023 the the amendment with the change in the number oflots from 50 to 25. WHEREAS, an ordinance to amend Chapter 165, Zoning. Article VI, RP Residential Performance District, Section 64(A), to allow waiving of the community center requirements in single-family small lot subdivisions that contain less than 25 lots was considered by the Planning Commission and the Development Review and Regulations Subcommittee (DRRS) during their regularly schcduled meetings; and WHEREAS, the Development Review and Regulations Subcommittee (DRRS) recommended approval of this amendment on February 23,2006; and WHEREAS, the Planning Commission held a public hearing on this ordinance adoption on July 5, 2006; and WHEREAS, the Board of Supervisors held a public hearing on this ordinance adoption on July 26, 2006; and WHEREAS, the Frederick County Board of Supervisors finds the adoption ofthis ordinance to be in the best interest of the public health, safety, welfare, and in good zoning practice. NOW, THEREFORE, BE IT ORDAINED by the Frederick County Board of Supervisors that Chapter 165, Zoning, Article VI, RP Residential Performance District, Section 64(A), is amended to allow waiving of the community center requirements in single-family small lot subdivisions that contain less than 50 lots. This amendment is amended as described on the attachment: S 165-64. Recreational facilities 6. Housing types with lot sizes ofless than 5,000 square feet shall provide the following recreational units of equivalent recreational facilities for each 30 dwelling units. All such developments shall contain at least one such recreational unit. In addition, developments containing single-family small lot housing shall provide a community center that provides for the equivalent of three age-appropriate recreational units for each 30 dwelling units. The facilities shall be in a configuration and location that is easily accessible to the dwelling units that they are designed to scrve. The design and amount of facilities shall be approved by the Planning Commission in conjunction with the Administrator and the Department of Parks and Recreation, using the following recreational unit as a guideline. The design of such facilities shall be approved at the time of site plan review. 1) The Board of Supervisors may provide a waiver for the community center requirement specified in ~ 165-64A in pi offeu,d age. e5t. ;c.ted single-family small lot subdivisions that contain less than 56 25 lots. This waiver may be requested by the applicant during the consideration of the Subdivision Design Plan if not Master Development Plan is required. The applicant is required to demonstrate how an equivalent recreational value of three recreational units for each 30 dwelling units, prorated, is being provided within the project, to the County, or a combination of both as a condition of requesting approval of a waiver by the Board of Supervisors. This ordinance shall be in effect on the day 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 Minute Book Number 32 Board of Supervisors Regular Meeting of 07/26/06 024 Gene E. Fisher Aye Philip A. Lemieux Aye Barbara E. Van Osten Aye Upon a motion by Supervisor Fisher, seconded by Supervisor Lemieux, the Board recessed until 7: 15 p.m. 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 Chairman Shickle reconvened the meeting. PUBLIC HEARING - REZONING #17-05 (RUSSELL-GLENDOBBIN PROJECT), A PROPOSED CONDITIONAL REZONING OF PROPERTY OF GLEN W. AND PAMELA L. RUSSELL. SUBMITTED BY PATTON HARRIS RUST & ASSOCIATES, Pc, TO REZONE 31,1851 ACRES FROM RA (RURAL AREAS) DISTRICT TO RP (RESIDENTIAL PERFORMANCE) DISTRICT. WITH PROPOSED PROFFERS ON THE PROPERTY SOUGHT TO BE REZONED. INCLUDING A PROFFER TO LIMIT THE NUMBER OF DWELLINGS TO 30 ON THE PROPERTY. AND PROPOSED PROFFERS ON ADJOINING PROPERTY OWNED BY APPLICANTS. THE PROPERTY SOUGHT TO BE REZONED IS IDENTIFIED BY PROPERTY IDENTIFICATION NUMBER (PIN) 43-A-15B. THE ADDITIONAL PROPERTIES TO BE SUBJECT TO PROFFERS. BUT NOT TO BE REZONED. ARE (I) PIN 43-19-57. A 6.89 ACRE PARCEL ZONED Ml (LIGHT INDUSTRIAL) DISTRICT. AND (II) PIN 43-A-16. A36.54 ACRE PRESERVATION TRACT ZONED RA. PARCELS 43-A-15B AND 43-A-16 ARE 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), IN THE STONEWALL MAGISTERIAL DISTRICT. PARCEL 43-19-57 IS LOCATED AT THE NORTHERN TERMINUS OF KENTMERE COURT. IN THE STONEWALL MAGISTERIAL DISTRICT. A COPY OF THE PROFFER STATEMENT IS ON FILE IN THE DEPARTMENT OF PLANNING AND DEVELOPMENT. - APPROVED Senior Planner Susan Eddy appeared before the Board regarding this item. She advised this rezoning application had changed significantly from the Planning Commission's review to the Board's. She reviewed the proposed application. The subject property is located on Glendobbin Road. The applicant is seeking to rezone approximately 31 acres from RA (Rural Areas) District to RP (Residential Performance) District for 30 single family homes. This application no longer includes the existing preservation lot and therefore no waiver of the preservation lot restriction is requcsted. The application contains proffers for Route 37 that affect two adjoining parcels owned by the applicant. The property is currently undeveloped and is surrounded by Rural Areas and Light Minute Book Number 32 Board of Supervisors Regular Meeting of 07/26/06 025 Industrial zoned parcels. The subject property is located in the Urban Development Area and partially in the Sewer and Water Service Area. The site is not within the boundaries of any small area land use plan and currently has no land use designation. Senior Planner Eddy advised the Board that they should look at surrounding uses. The proposal calls for 30,000 square foot lots, but is located in an area of the county where the average lot size is two to five acres. According to the Comprehensive Plan, there currently exists no plan to serve this area with public water and sewer. She went on to say future Route 37 would pass to the south of the property and the applicant has proffered to dedicate right-of-way, should it be needed. Senior Planner Eddy discussed the visibility issues on Glendobbin Road; therefore, the applicant would have to demonstrate the driveway could meet the topography. She went on to say the applicant did not seek any new agency comments on the proposed revised application; therefore, the comments in the agenda are based on the previously proposed 130 house subdivision. The revised proffer statement is dated June 27, 2006, as is the revised Generalized Development Plan. The monetary proffers for this proposal are based on the old development impact model because the application was submitted on November 28, 2005 and use of the new model began on December 1, 2005. The Planning Department recei ved hundreds of letters, e-mails, and phone calls both for and against this application. Thc Planning Commission considercd this application at its April 5, 2006 meeting and recommended the preservation waiver not be granted. The application was considered again on May 17, 2006 as a proposal for 45 single family homes on 31 acres. The Planning Commission made motions to approve and deny, but all actions resulted in a tie vote. Finally, the Commission sent the application forward without a recommendation. Senior Planner Eddy concluded by saying this application is for a housing type not in the county's land use plan and not in the area. She advised that Mr. Clay Athey was present on behalf of the applicant. Supervisor Dove asked if the Board would be able to set the right-of-way alignment for Route 37 by January 2007. Supcrvisor DeHaven responded the Transportation Committee and Board should have a better idea of the right-of-way location by that time. Clay Athey, appeared before the Board on behalf of the applicants, Glen and Pam Russell. He began by asking the supporters to stand. Approximately 70 people stood. He stated that he Miuute Book Number 32 Board of Supervisors Regular Meeting of 07/26/06 026 believed his clients have compromised as much as they could with regard to changing this application. Chairman Shickle reviewed the public hearing guidelines and rules of conduct. He then convened the public hearing. Rebecca Watts, Stonewall District, appeared before the Board to speak in opposition to this proposed rezoning. She stated the proposed 30 lot development would sit next to an orchard, industrial park, and existing subdivisions consisting of two to five acre lots. This proposal would adversely impact the schools. She went on to say this property currently serves as a buffer between the industrial park and an existing subdivision. She stated that in the 1980's the Board of Supervisors did not want dense subdivisions in this area and created the two to five acre minimum lot sizes. She went on to say the opposition would evaporate ifthe applicant would follow the two to five acre model. She concluded by asking the Board if they were selling the needs of a neighborhood for Route 37. Ron Strosnider, Stonewall District, spoke in support of the proposed rezoning. He asked the Board to support this application because it would help local businesses, builders, and suppliers. Rodney Huff, Stonewall District, spoke in opposition to this proposed rezoning based on its inconsistency with the surrounding area. He stated that 90% of the existing housing in the area is on two to five acre lots. He supported developing the property, but felt the developer should look at consistency. He concluded by saying the previous subdivision owned by Mr. Russell was sold to out of county builders. Donna Strosnider, Stonewall District, asked the Board to vote yes on the application because it is in keeping with the neighborhood. Archie Howsare, Stonewall District, spoke in opposition to this proposal. He stated that he wanted to tell his kids that he tried to control growth when their schools become overcrowded as a result of this project. Rick Mason, Opequon District, spoke on behalf of a contractor yard in Winchester and urged the Board to support this proposal. He stated the plan was well thought out. He went on to say that he was perplexed because people said they would be happy with this new plan, but they are now fighting it. Minute Book Number 32 Board of Supervisors Regular Meeting of 07/26/06 027 William McLaughlin, Stonewall District, advised he was an adjacent property owner who felt the basic plan of two to five acre lots should be maintained because high density building has affected the character of the area. Katrina Smith, Gainesboro District, spoke in support of this proposal. She stated that she wanted to support local builders and the community. She concluded by asking the Board to support this proposal. Jon Miles, Stonewall District, spoke in opposition to this proposed rezoning because the density would be too great and it is out ofline with the existing community. He went on to say the proposed UDA study would remove this property from the UDA; therefore, he asked the Board to vote no. Kevin Sites, Stonewall District, advised the Board that 65% ofthe properties within 1 mile of this proposed subdivision are lots of one acre or less. He stated that Board should look at the application based on the land usc rules as they currently exist, not what they might be in the future. Brad Katz, Stonewall District, appeared before the Board on behalf of his neighbors to oppose this rezoning. He stated that his problems with this proposal were land use and lot size. He concluded by saying that he supported development as long as it was consistent with the area. Gary Ulmer, Stonewall District, spoke in favor of the proposal. He stated if two of the planning commissioners had been present on the night of the vote the Board would have been forwarded a recommendation for approval. He went on to say the 30 houses would not change the traffic patterns. He concluded by asking the Board to go by the current land use rules. Harold Schneider, Stonewall District, spoke in opposition to the proposed rezoning based on its proposed density. He advised this proposed request would be 30 homes on a cul-de-sac of similar length as existing subdivisions in the area that contain 9,14,9, and 12 homes respectively. He stated he was not opposed to development, but asked the Board to keep the zoning as is. He concluded by saying he was concerned about the development's proximity to industrial property and future Route 37. Gene Parker, Back Crcck District, requcstcd this rczoning be approvcd. Hc statcd that he believed the applicant had "compromised and compromised". Kim Salata, Stonewall District, spoke in opposition to this proposal. She expressed Miuute Book Number 32 Board of Supervisors Regular Meeting of 07/26/06 028 frustration over the number of changes that have postponed the application. She was frustrated because the Planning Commission would not take a stand on this application. She went on to say the proposed monetary proffers do not meet half of the needs per home. She concluded by asking the Board to maintain the vision for the area. Leda Duck, Stonewall District, spoke in opposition to this application. She asked the Board to think about the safety of the children because the existing road is dangerous. She stated she was concerned that traffic would be more than doubled by the development. She concluded by asking the Board to look out for the safety of the children. Eric Reid, representing Shenandoah Building Supply, spoke in favor of this application and urged the Board to support the rezoning. Dale Barrett, Stonewall District, spoke in opposition to this proposed rezoning because of the development going on in the county in general. He stated that infrastructure needed to keep pace with development. He concluded by expressing his concern with higher density development in the rural areas. Wes Hopper, Stonewall District, spoke in opposition to this proposed rezoning because the property is adjacent to an industrial park, development is occurring down the road, and it is not consistent with the existing five acre lot subdivisions. He stated that he believed the local builders were being supported in the higher density areas. Roxie Ostlund, Stonewall District, asked what happens to the proffer for Route 37 beyond January 1,2007. She stated this new "freeway" appears to be adjacent to the new development. She felt the new property owners should be notified their property is adjacent to a "freeway". She went on to say the proposed development was not consistent with the Comprehensive Policy Plan. She concluded by requesting a 50 foot buffer between the new development and existing residences. Wayne Holsinger, Stonewall District, spoke in opposition to this project. He stated that on AprilS, 2006 there were 100 people from the Stonewall District here about this project and 97 were opposed to it. He stated that he appreciated that there were 75 people here in favor tonight, but "we stand against this project". Larry Knox, Stonewall District, spoke in opposition to this proposed rezoning. He read excerpts from the Comprehensive Plan that discussed the natural beauty of the County, how Minnte Book Nnmber 32 Board of Supervisors Regular Meeting of 07/26/06 029 cxccssivc dcvclopmcnt could detract from this bcauty, and that averagc housing dcnsity should be consistent. He went on to say that the entrance into this development would put people using the road at risk. He stated there were also soil erosion considerations, wildlife habitat would be destroyed, and potential for aquifer damage. Sammy Killian, Gainesboro District, spoke in opposition to this proposcd dcvclopmcnt. He expressed concern about setting a precedent for rezonings in other areas of the county. He went on to say that development was not beneficial for tax dollars and he was afraid of what would happen down the line. Dale Willingham, Gainesboro District, spoke in opposition to this proposal. Everyone present and wishing to speak regarding this item had been given the opportunity; however, some in attendance wished to speak again. Chairman Shickle asked ifthere was anyone who wished to offer "new" information relative to this topic. Roxie Ostlund, Stonewall District, read from the Comprehensive Plan regarding suburban residential growth being permitted in the Urban Development Area. She stated that average housing density should remain similar to past developments and existing residential areas are adequately supported for non-consistent densities. She concluded by asking the Russell's to consider a devclopment that is more consistent with thc arca. Brad Katz, Stonewall District, stated it was not clear there was compromise on Route 37. He went on to say that local resources are not proffered and are irrelevant. Kevin Sites, Stonewall District, stated that most ofthe citizens at the AprilS, 2006 meeting opposed to the project were opposed to the then 130 houses. Archie Howsare, Stonewall District, stated there were less people present in opposition to this project because the application had previously been tabled or delayed at the last minute. He went on to say that the residents opposed to this project have spent a lot of time on it. Sam Killian, Gainesboro District, stated no one has heard about the type of housing being proposed. He wanted to know if they were consistent with the existing homes because smaller homes could affect property values. There being no further public comments, Chairman Shickle closed the public hearing. Minute Book Number 32 Board of Supervisors Regular Meeting of 07/26/06 030 Mr. Athey responded on behalf of the applicant. He stated a time line was placed for Route 37, which requires the applicant to give notice when the time frame is passed. The Board would have 30 days to act following receipt of that notice. He went on to say the property is within the Urban Development Area and the Sewer and Water Service Area. He stated that a lot of where the application is today is after much citizen criticism and input. He coneluded by saying that Mr. Russell has a lot of support for this project. Supervisor Dove asked if the SWSA line would have to be extended on this property. Senior Planner Eddy responded no. Supervisor Dove asked if the line would have to be extended if the applicant wanted all of the lots to have public water and sewer. Senior Planner Eddy responded yes, the lines would have to be changed. Supervisor Van Osten asked how many acres of this site were outside of the SWSA. Mr. Athey responded four acres. Vice-Chairman Ewing asked if this development was consistent with the Comprehensive Plan. Senior Planner Eddy responded by saying the site is not designated with a land use and it is partially within the UDA and SWSA. She went on to say that "weighing everything, it is staffs interpretation that it is not consistent". Supervisor DeHaven stated this was not a great plan and he believed the comments were valid. He went on to say this decision is difficult, but it would have to be based on land use policy. He believed this application came elose to a reasonable compromise. Upon a motion by Supervisor DeHaven, seconded by Supervisor Dove, the Board approved Rezoning #17-05 with the caveat that the applicant put notes on all plats and deeds regarding the development's proximity to future Route 37. WHEREAS, Rezoning #17-05 of Russell-Glendobbin, submitted by Patton, Harris, Rust & Associates, to rezone 31.1851 acres from RA (Rural Areas) District to RP (Residential Performance) District with proffers on the property sought to be rezoned, ineluding a proffer to limit the number of dwellings to 30 on the property, and proffers on adjoining property owned by applicants, was considered. The property sought to be rezoned is identified by Property Identification Number (PIN) 43-A-15B. The additional properties to be subject to proffers, but not to be rezoned are (i) PIN 43-19-57, a 6.89 acre parcel zoned M1 (Light Industrial) District and (ii) PIN 43-A-16, a36.54 acre Preservation TractzonedRA. Parcels 43-A-15B and43-A-16 are located Minute Book Number 32 Board of Supervisors Regular Meeting of 07/26/06 031 south and adjacent to Glendobbin Road (Route 663), approximately 3,250 feet west of the intersection of Glen dobbin Road and Payne Road (Route 663), in the Stonewall Magisterial District. Parcel 43-19-57 is located at the northern terminus of Kent mere Court, in the Stonewall Magisterial District. WHEREAS, the Planning Commission held a public hearing on this rezoning on May 17, 2006; and WHEREAS, the Board of Supervisors held a public hearing on this rezoning on July 26, 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 31.1851 acres from RA (Rural Areas) District to RP (Residential Performance) District with proffers on the property sought to be rezoned, including a proffer to limit the number of dwellings to 30 on the property, and proffers on adjoining property owned by applicants, 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 Nay OTHER PLANNING ITEMS DISCUSSION - SUBDIVISION - LENOIR CITY CO. OF VIRGINIA - 7 LOTS IN STONEWALL INDUSTRIAL PARK (RE. ROUTE 37 RIGHT-OF-WAY) Zoning and Subdivision Administrator Mark Cheran appeared before the Board regarding this item. He advised this was being presented to the Board due to its implications on the proposed right-of-way for future Route 37. The plans for Stonewall Industrial Park do not accommodate the Route 37 right-of-way. This proposed subdivision will occur along McGee Drive; the property is located near the proposed path of Route 37. The Planning Commission, at its July 19, 2006 meeting, noted the centerline for Route 37 needs to be set and right-of-way secured, especially in active areas of development, so the corridor can be preserved. A recommendation was made for the Board to require a notation to be placed on the proposed plats for Stonewall Industrial Park indicating the future Route 37 corridor, ifit is legal to do so, in order that future purchasers ofthese lots will know Minute Book Number 32 Board of Supervisors Regular Meeting of 07126/06 032 they are in the proposed right-of-way. A second recommendation was to require any subdivision in an area near a planned road identified in the Comprehensive Policy Plan to have a note added to the plat for future owners' notification. Chairman Shickle stated that he had confidence the Transportation Committee would recommend an alignment for Route 37 and that would be the time for the owners of the industrial park to be cooperative. DISCUSSION - MEMO OF UNDERSTANDING WITH VIRGINIA OUTDOORS FOUND A nON Senior Planner Susan Eddy updated the Board on the proposed cooperative agreement with the Virginia Outdoors Foundation. When this agreement was last considered, a county landowner had an application pending before the Conservation Easement Authority and requested the easement be co-held. She stated there were no applications pending today. The Virginia Outdoors Foundation was willing to further negotiate the terms of the proposed agreement. Senior Planner Eddy advised that the Easement Authority questioned whether it was prudent to pursue a renegotiated agreement. She concluded by saying the Authority would appreciate guidance from the Board about whether to renegotiate an agreement or wait until an application is received. Supervisor Fisher stated that he thought the Authority would hold parcels that the Board valued, but larger land trusts did not want to hold. He went on to say that he did not want staffto get bogged down with inspecting the easements. Senior Planner Eddy responded that this particular instance where the applicant requested a co-hold was situational. Supervisor Van Osten stated that she would like to see the Board pursue the Virginia Outdoors Foundation and see what changes could be accommodated at the local level. Supervisor DeHaven agreed with Supervisor Fisher in that he did not want the County to miss an opportunity to preserve land in Frederick County. He went on to say that he would like to see a purchase of development rights program in place and would I ike the Board to pursue the whole spectrum of opportunities. Supervisor Van Osten advised that the Easement Authority has a purchase of development rights program in its by-laws, so they could look at doing some cost sharing with state. MEMO TO REOUESTWORKSESSION OF THE URBAN DEVELOPMENT AREA Minute Book Number 32 Board of Supervisors Regular Meeting of 07/26/06 033 (UDA) STUDY - SCHEDULED WORK SESSION FOR AUGUST 29, 2006 AT 12:00 P.M. Chairman Shickle asked about the status ofthe RA Study. He stated that the Board thought staff was bringing something forward for review. Supervisor Van Osten stated that she thought the study was in the Board's hands. Administrator Riley advised that it was his understanding that staff would develop a policy based on the RA matrix prepared by the Board. Senior Planner Eddy advised a draft RA Shldy had been sent to the Board previously, but she could redistribute that item. Supervisor DeHaven stated that he was not opposed to the UDA Study worksession, but he did not want to see the RA Study fall through the cracks. The Board scheduled a work session for Tuesday, August 29, 2006 at 12:00 p.m. BOARD LIAISON REPORTS Supervisor Van Osten reported on the overcrowding issues at the Northwestern Regional Juvenile Detention Center. She advised that it cost $125.00 to house juveniles in another facil ity. She was curious why Frederick County youths were being sent and not youth from other localities. Supervisor Dove reported that the Fee for Service Committee had met three times and the meetings were going well. They have had close to 100% participation from the volunteer compames. 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 SUPERVISOR DEHAVEN, THERE BEING NO FURTHER BUSINESS TO COME BEFORE THIS BOARD, THIS MEETING IS HEREBY ADJOURNED. (9:10 P.M.) Minute Book Number 32 Board of Supervisors Regular Meeting of 07/26/06 034 QQQuOe.J Richard C. Shickle Chairman, Board of Supervisors Minutes Prepared By: c-n Ai G '--(J2L J;y E~ fit;-~ Deputy Clerk, Board of Supervisors Minute Book Number 32 Board of Supervisors Regular Meeting of 07/26/06