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HomeMy WebLinkAboutAugust 23, 2006 Regular Meeting 041 A Regular Meeting ofthe Frederick County Board of Supervisors was held on Wednesday, August 23,2006, at 7: 15 P.M., in the Board of Supervisors ' Meeting Room, County Administration Building, 107 North Kent Street, Winchester, Virginia. PRESENT Chairman Richard C. Shickle; Vice-Chairman 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. INVOCATION Reverend Joseph Roby, People's Country Church, delivered the invocation. PLEDGE OF ALLEGIANCE Vice-Chairman Ewing led the Pledge of Allegiance. ADOPTION OF AGENDA - APPROVED AS AMENDED County Administrator John R. Riley, Jr. advised that he had one change to the agenda. The applicant has requested the Board postpone Conditional Use Permit #04-06 of Andrew Datt and Paul Anderson. Upon a motion by Supervisor Fisher, seconded by Vice-Chairman Ewing, the Board approved the agenda as amended. The above motion was approved by the following recorded vote: Richard C. Shickle Aye 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 tabs for the Board's consideration under the consent agenda: Proclamation Re: September, 2006 as Library Card Sign Up Month - Tab D; Transportation Committee Report - Tab K. Upon a motion by Supervisor Dove, seconded by Supervisor DeHaven, the Board approved Minute Book Number 32 Board of Supervisors Regular Meeting of 08/23/06 042 the consent agenda by the following recorded vote: Richard C. Shickle Bill M. Ewing Charles S. DeHaven, Jr. Gary W. Dove Gene E. Fisher Philip A. Lemieux Barbara E. Van Osten Aye Aye Aye Aye Aye Aye Aye L CITIZEN COMMENTS Mike Boyce, Red Bud District resident and Shawnee District business owner, appeared before the Board regarding Conditional Use Permit #10-05. He advised that he had previously submitted a petition to the Board, from the business owners in Commonwealth Business Park, stating their desire not to use Mr. Broy's sign, but to use another sign. He went on to say if Mr. Broy's sign was approved a second sign could not be developed because of the lack of distance between the two signs. He went on to say that he was in the process of submitting a sign permit for an alternate sign. He asked the Board to postpone or deny Mr. Broy's application. BOARD OF SUPERVISORS COMMENTS There were no Board of Supervisors' comments. L. MINUTES-APPROVED Upon a motion by Supervisor Van Osten, seconded by Supervisor Dove, the Board approved the minutes from the July 26, 2006 meeting. Thc 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. Fishcr Aye Philip A. Lemieux Aye Barbara E. Van Osten Aye Upon a motion by Supervisor Dove, seconded by Supervisor DeHaven, the Board approved the minutes from the July 31, 2006 worksession. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Bill M. Ewing Aye Charles S. DeHavcn, Jr. Aye Gary W. Dove Aye Gene E. Fisher Aye Philip A. Lemieux Aye Minute Book Number 32 Board of Supervisors Re~ular Meeting of 08/23106 043 Barbara E. Van Osten Aye COUNTY OFFICIALS EMPLOYEE OF THE MONTH AWARDS FOR JULY AND AUGUST, 2006 - (RESOLUTION NOS.: 004-06 AND 005-06) - APPROVED Upon a motion by Supervisor Dove, seconded by Supervisor Van Osten, the Board approved the resolution recognizing Frederick C. Kinder as Frederick County Employee ofthe Month for July, 2006. RESOLUTION TO RECOGNIZE THE FREDERICK COUNTY EMPLOYEE OF THE MONTH FREDERICK C. KINDER 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 one 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, Frederick C. Kinder, who serves as a Firefighter/EMT with the Fire & Rescue Department was nominated for Employee of the Month; and, WHEREAS, Frederick C. Kinder is deserving ofthis special recognition for responding to an emergency call in less than a minute after dispatch; during this incident, Firefighter Kinder was acting in a capacity not always observed, even in seasoned firefighters, he immediately assessed the situation, gained access to the patient down a fifty foot cliff, and began and maintained appropriated basic life support protocols without supervision until advanced life support could arrive. All ofthis is believed to have saved the patients life. In addition to this incident, Firefighter Kinder has gone beyond the norm on various tasks around North Mountain Volunteer Fire & Rescue Station to include assisting in building construction and installing radio equipment.; and, NOW, THEREFORE BE IT RESOLVED, by the Frederick County Board of Supervisors this 23rd day of August, 2006, that Frederick C. Kinder is hereby recognized as the Frederick County Employee of the Month for July, 2006; and, BE IT FURTHER RESOLVED, that the Board of Supervisors extends gratitude to Frederick C. Kinder for his outstanding performance and dedicated service and wishes him continued success in future endeavors; and, BE IT FURTHER RESOLVED, that Frederick C. Kinder is hereby entitled to all of the rights and privileges associated with this award. 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 08/23106 044 Genc E. Fisher Aye Philip A. Lemieux Aye Barbara E. Van Osten Aye Upon a motion by Supervisor DeHaven, seconded by Supervisor Van Osten, the Board approved the resolution recognizing Adam D. Sisler as Frederick County Employce ofthe Month for August, 2006. RESOLUTION TO RECOGNIZE THE FREDERICK COUNTY EMPLOYEE OF THE MONTH ADAM D. SISLER 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 ofthc Month award and candidates for this award may be nominated by any County employee; and, WHEREAS, the Board of Supervisors selects one 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, Adam D. Sisler, who serves as a Firefighter/EMT with the Fire & Rescue Department was nominated for Employee of the Month; and, WHEREAS, Adam D. Sisler is deserving of this special recognition for responding to an l emergency call in less than a minute after dispatch; during this incident, Firefighter Sisler was acting _ in a capacity not always observed, even in seasoned firefighters, he immediately assessed the situation, gained access to the patient down a fifty foot cliff, and began and maintained appropriated basic life support protocols without supervision until advanced life support could arrive. All of this is believed to have saved the patients life. In addition to this incident, Firefighter Sisler has gone beyond the norm on various tasks around North Mountain Voluntecr Firc & Rescue Station to include assisting in building construction and installing radio equipment.; and, NOW, THEREFORE BE IT RESOLVED, by the Frederick County Board of Supervisors this 23rd day of August, 2006, that Adam D. Sisler is hereby recognized as the Frederick County Employee of the Month for August, 2006; and, BE IT FURTHER RESOLVED, that the Board of Supervisors extends gratitude to Adam D. Sisler for his outstanding performance and dedicated service and wishes him continued succcss in future endeavors; and, BE IT FURTHER RESOLVED, that Adam D. Sisler is hereby entitled to all ofthe rights and privileges associated with this award. 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 Minute Book Number 32 Board of Supervisors Regular Meeting of 08/23/06 045 COMMITTEE APPOINTMENTS APPOINTMENT OF ROBERT W. SPANGLER TO FILL THE UNEXPIRED TERM OF ROBERT B. PERRY AS FREDERICK COUNTY REPRESENTATIVE ON THE NORTHERN SHENANDOAH VALLEY DISABILITY SERVICES BOARD _ APPROVED Upon a motion by Supervisor Van Osten, seconded by Supervisor DeHaven, the Board appointed Robert W. Spangler to fill the unexpired term of Robert B. Perry as Frederick County representative on the Northern Shenandoah Valley Disability Services Board, said term to expire March 31, 2008. 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 C. ROBERT SOLENBERGER AS A MEMBER OF THE CONSERVATION EASEMENT AUTHORITY - APPROVED Upon a motion by Supervisor Van Osten, seconded by Supervisor Dove, the Board reappointed C. Robert Solenberger as a member ofthe Conservation Easement Authority. This is a thrce year term, said term to expire August 24,2009. 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 APPOINTMENT OF JOHN GAVITT AS A MEMBER OF THE CONSERVATION EASEMENT AUTHORITY - APPROVED Upon a motion by Supervisor Van Osten, seconded by Supervisor Fisher, the Board appointed John Gavitt as a member of the Conservation Easement Authority. This is a three year term, said ternl to expire August 24, 2009. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Bill M. Ewing Aye Minute Book Number 32 Board of Snpervisors Regular Meeting of 08/23/06 046 Charles S. DeHavcn, Jr. Aye Gary W. Dove Aye Gene E. Fisher Aye Philip A. Lemieux Aye Barbara E. Van Osten Aye REAPPOINTMENT OF KRIS C. TIERNEY, ASSISTANT COUNTY ADMINISTRATOR, AND ERIC R. LAWRENCE, PLANNING DIRECTOR, TO THE NORTHERN SHENANDOAH VALLEY REGIONAL COMMISSION (NSVRC) - APPROVED Upon a motion by Vice-Chairman Ewing, seconded by Supervisor DeHaven, the Board reappointed Assistant County Administrator Kris C. Tierney and Planning Director Eric R. Lawrence to the Northern Shenandoah Valley Regional Commission. This is a three year term, said tenn to expire September 30, 2009. 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 APPOINTMENT OF O. DOUGLAS CUMBIA, II, TO FILL THE UNEXPIRED TERM OF REBECCA SCOTT-MITCHELL AS FREDERICK COUNTY REPRESENTATIVE ON THE CHAPTER 10 BOARD - APPROVED Upon a motion by Supervisor Van Osten, seconded by Supervisor Dove, the Board appointed O. Douglas Cumbia, II, to fill the unexpired term of Rebecca Scott-Mitchell as a Frederick County representative on the Chapter 10 Board, said term to expire December 31,2009. 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 PROCLAMATION (#001-06) RE: SEPTEMBER, 2006 AS LIBRARY CARD SIGN UP MONTH - APPROVED UNDER CONSENT AGENDA WHEREAS, the smartest card is a library card; and WHEREAS, a library card opens up a world of opportunity for people of all ages; and WHEREAS, a library card provides access to a goldmine of books, magazines, CD's, videos, computers, the Internet, and more; and Minute Book Number 32 Board of Supervisors Regular Meeting of 08/23/06 047 WHEREAS, children who have library cards and use library cards perform better in school. NOW, THEREFORE, BE IT RESOLVED, the Frederick County Board of Supervisors does hereby proclaim September, 2006 as Library Card Sign Up Month in Frederick County, Virginia and encourages everyone to sign up for the smartest card. Get It. Use It. @ your library. ADOPTED this 23rd day of August, 2006. This item was approved under consent agenda. NORTHWESTERN COMMUNITY SERVICES' 2007 PERFORMANCE CONTRACT-APPROVED Upon a motion by Supervisor Van Osten, seconded by Supervisor DeHaven, the Board approved the Northwestern Community Services' 2007 Performance Contract. 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 VIRGINIA DEPARTMENT OF TRANSPORTATION (VDOn UPDATE ON 1- 81/ROUTE 50 BRIDGES VDOT Resident Engineer Jerry Copp and Assistant Engineer Scott Alexander appeared before the Board to provide an update on the proposed 1-81 and Abrams Creek bridge projects. Engineer Copp stated the 1-81 bridge would improve the acceleration lane from Route 50 to 1-81 North and would have a total cost of $10.7 million. He recognized Shenandoah University for donating easements for this project. He went on to say the contract has been signed and work will begin after Labor Day with a project completion date of October 2007. CORRESPONDENCE AND RESOLUTION (#006-06) RE: FREDERICK- WINCHESTER SERVICE AUTHORITYW ASTELOAD ALLOCATION PETITION - APPROVED Administrator Riley advised that the Frederick-Winchester Service Authority was asking the Board of Supervisors and City Council for support to increase the Opequon Water Reclamation Facility wasteload allocation. He concluded by saying a resolution of support was being provided for the Board's consideration. Upon a motion by Supervisor Van Osten, seconded by Supervisor DeHaven, the Board approved the following resolution: Minute Book Number 32 Board of Snpervisors Regular Meeting of 08/23/06 048 WHEREAS, the waste water generated in Frederick County is reclaimed by the Opequon Water reclamation Facility owned by the Frederick- Winchester Service Authority; WHEREAS, Frederick County is a partner in the Frederick-Winchester Service Authority and has made significant capital improvements in the Opequon Water Reclamation Facility; WHEREAS, Frederick County, through their appointments to the Frederick-Winchester Service Authority Board, which has promoted the removal of nutrients from its receiving streams through past upgrades and expansions of the Opequon Water Reclamation Facility; WHEREAS, the Frederick-Winchester Service Authority, acting on behalf of the County has constructed a facility and the Department of Environmental Quality has permitted that facility with a seasonal tiered permit, which should warrant additional wasteload allocations for the facility. NOW, THEREFORE, BE IT RESOLVED, that the Board of Supervisors ofthe County of Frederick, Virginia does hereby support and endorse the Frederick-Winchester Service Authority's petitioning of the State Water Control Board for consideration of additional wasteload allocation, based on the nutrient removal capabilities and hydraulic capacity ofthe facility presently in place. ADOPTED this 23rd day of August, 2006. The above resolution 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 CORRESPONDENCE FROM FREDERICK COUNTY SCHOOLS RE: VIRGINIA PUBLIC SCHOOL AUTHORITY (VPSA) FALL 2006 BOND SALE - APPROVED BOND APPLICATION AND PUBLIC HEARING Administrator Riley advised this was a request from the Frederick County School Board for consideration ofa September 13, 2006 public hearing and subsequent approval of the VPSA bond sale for $6,000,000 for continued construction costs for the replacement Gainesboro Elementary School. The total project cost is $18,475,000 with $5,700,000 currently borrowed for this project. School Board Chairman Lawrence VanHoose advised the VPSA application must be submitted before the public hearing. Upon a motion by Supervisor Dove, seconded Supervisor Van Osten, the Board approved the School Board's request. The above motion was approved by the following recorded vote: i_ 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 08/23/06 049 Gene E. Fisher Aye Philip A. Lemieux Aye Barbara E. Van Osten Aye CORRESPONDENCE FROM FREDERICK COUNTY SCHOOLS RE: REOUEST FOR FY 2007 SCHOOL CONSTRUCTION FUND SUPPLEMENTAL APPROPRIATION FOR 12TH ELEMENTARY SCHOOL - APPROVED FOR PUBLIC HEARING Administrator Riley advised this was a request from Frederick County School Board for a $2 million supplemental appropriation to the FY 2007 School Construction fund. This appropriation will allow for land acquisition, architectural design, engineering, and site testing to be conducted up to the point that bid documents would be published for the 12th elementary school to be located in the eastern part of the county. Should the Board provide county dollars for the planning and design of the 12th elementary school a reimbursement resolution will be passed making it an option of fund those dollars with indebtedness. Upon a motion by Vice-Chairman Ewing, seconded by Supervisor Dove, the Board approved a public hearing for a supplemental appropriation of up to $2,000,000 for the purchase of land, architeeture, and design of the 12th elementary school. 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 REQUEST FROM THE COMMISSIONER OF THE REVENUE FOR REFUNDS - APPROVED Administrator Riley advised that the Commissioner ofthe Revenue requested the following refunds: BB&T Leasing Corporation in the amount of$2,821.14; Bank of NY (DEL.) Trustee for DCFS in the amount of $4,758.30; Toyota Motor Credit Corp. in the amount $2,850.05. Upon a motion by Supervisor DeHaven, seconded by Supervisor Ewing, the Board approve the above refund requests. The above motion was approved by the following recorded vote: Richard C. Shickle Bill M. Ewing Aye Aye Minute Book Number 32 Board of Supervisors Regular Meeting of 08/23106 050 Charles S. DcHaven, Jr. Aye Gary W. Dove Aye Gene E. Fisher Aye Philip A. Lemicux Aye Barbara E. Van Osten Aye REOUEST TO SCHEDULE PUBLIC HEARING RE: PROPOSED ORDINANCE - DRAINFIELD RESERVE REOUIREMENT - APPROVED FOR PUBLIC HEARING WITH AMENDED LANGUAGE Administrator Riley advised that the Board, at its July 26, 2006 meeting, postponed action on the Public Works Committee's policy statement to increase the drainfield reserve requirement. Upon further review and consultation with legal counsel, it was determined that the proposed change must be done through the adoption of an ordinance, which will require a public hearing before the Board. Staff is requesting the Board authorize a public hearing for its September 13, 2006 meeting. He went on to say that Supervisor Lemieux had provided some more up to date draft language from the Public Health System Review Subcommittee. Upon a motion by Supervisor Lemieux, seconded by Supervisor Van Osten, the following draft language would be taken forward for public hearing "All newly created lots platted after , 2006, and served by private on-site sewage disposal systems shall have a one-hundred percent reserve drain field in addition to a primary drainfield, which reserve drainfield shall have the same soil characteristics as the primary drain field areas. All requirements pertaining to drain fields shall be established by regulations of the Virginia Health Department ", with the date to be left blank. Supervisor Lemieux stated that he would like the date ofthe meeting at which the ordinance is considered to be the effective date. Assistant County Administrator Kris Tierney suggcsted that the date be removed as the adopting ordinance would make the effective date the date of adoption. Supervisor DeHaven stated that he supported what thc committee has brought forward, but he would like legal counsel, Bob Mitchell, to review the proposal. Chairman Shickle stated that he would like the second paragraph included in the proposed ordinance, as it provided some criteria for grand fathering lots. Supervisor Lemieux stated that he viewed this language more as a guide for the Health Department than a part of the ordinance. Minute Book Number 32 Board of Supervisors Regular Meeting of 08/23/06 051 Upon a motion by Supervisor DeHaven, seconded by Supervisor Van Osten, the Board amended the original motion to add the following language: "Soil evaluation work completed prior to September 15, 2006, may be temporarily vested from adherence to the one-hundred percent reserve drainfield requirement if: (1) a completed Virginia Health Department form titled Soil Evaluation Form is received by the Frederick-Winchester Health Department by September 15, 2006 at 4:30 p.m.; and (2) the associated subdivision plats are approved by the Frederick County Subdivision Administrator and recorded in the records of the Frederick County Clerk of the Court's office by December 31, 2006. " 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. Dovc Aye Gene E. Fisher Aye Philip A. Lemieux Aye Barbara E. Van Osten Aye The amended text to be sent forward for public hearing stated "All newly created lots served by private on-site sewage disposal systems shall have a one-hundred percent reserve drain field in addition to a primary drain field, which reserve drain field shall have the same soil characteristics as the primary drain field areas. All requirements pertaining to drainfields shall be established by regulations of the Virginia Health Department. Soil evaluation work completed prior to September 15, 2006, may be temporarily vested from adherence to the one-hundred percent reserve drain field requirement if: (1) a completed Virginia Health Departmentjorm titled Soil Evaluation Form is received by the Frederick- Winchester Health Department by September 15, 2006 at 4:30 p.m.; and (2) the associated subdivision plats are approved by the Frederick County Subdivision Administrator and recorded in the records of the Frederick County Clerk of the Court's office by December 31,2006", and amended motion were approved by the following recorded vote: Richard C. Shickle Nay Bill M. Ewing Ayc Charles S. DeHaven, Ir. Aye Gary W. Dove Aye Gene E. Fisher Aye Philip A. Lemieux Aye Barbara E. Van Osten Aye Minute Book Number 32 Board of Supervisurs Regular Meeting of 08/23/06 052 COMMITTEE REPORTS TRANSPORT A nON COMMITTEE REPORT - APPROVED UNDER CONSENT AGENDA The Transportation Committee met on Monday, July 24,2006 at 8:30 a.ill. Members Present Phil Lemieux (voting) Eric Lowman (voting) Darwin Braden (voting) George Kriz (liaison) Lewis Boyer (liaison) Donald Breeden (liaison) Members Absent Chuck DeHaven (voting) James Racey (voting) ***Items Requiring Action*** None at this time. ***Items Not Requiring Action*** 1. Public Hearinl!: on 2007-2008 Interstate. Primary. and Secondary Road Plans Staff briefed the Committee on the Interstate, Primary, and Secondary Road Plans which include the rural hard surfacing requests. There are no significant changes to the Interstate and Primary plans, with the exception of expanding upon the scope of Route 11 improvements and increased consideration of safety improvements to 1-81. There is continued emphasis on completion of Route 37 as a priority for the County. In the Secondary Road Improvements plan, a number ofprojects have been added as revenue sharing, rural hard surfacing requests have been rated and the three with the highest ran kings have been moved from the unscheduled to the scheduled list. Those roadways are Chestnut Grove Road, Indian Hollow Road, and Ridings Mill Road. 2. Haf:~ertv Rezoninl!: Adjustments to Transportation Infrastructure This item was removed from the agenda per the request of the applicant. 3. Update on the Eastern Road Plan Staff updated the Committee that work is continuing on the Eastern Road Plan and that it should be presented at the August 28, 2006 meeting. 4. Article Distribution Staff regularly monitors news outlets for transportation articles that may be of interest to the committee and includes them in this portion of the agenda. 5. Other Business Staff informed the Committee of the status of revenue sharing projects and the application process. The Committee decided that, ifthcre were time constraints, a special meeting would be held to discuss projects for revenue sharing. FINANCE COMMITTEE REPORT - APPROVED The Finance Committee met in the Board of Supervisors' Meeting Room at 107 North Kent Street on Wednesday, August 16,2006 at 8:00 a.m. All members were present. Minute Book Number 32 Board of Supervisors Regular Meeting of 08/23/06 053 1. Mr. Robert Mitchell Jr. was available for discussion on proffers and the Capital Improvements Plan. See attached information, p. 1-3. Mr. Mitchell is researching if proffers can be expended for debt service. Staff has provided a proffer history. See attached, p. 4-7. Staff has been asked to develop a policy for projects qualifying to be included in the CIP and a draft process for getting a project added to the CIP. 2. The Northwestern Regional Juvenile Detention Center Superintendent requests an FY 2006-2007 General Fund supplemental appropriation in the amount of $94.133.46. This amount represents the addition of 3 full-time employees, costs associated with overcrowding and a needs assessment. All funds needed are local. See attached memo, p. 8-12. This request has been postponed pending further information. 3. The Northwestern Regional Adult Detention Center Superintendent requests an FY 2006- 2007 Jail Fund supplemental appropriation in the amount of $57.944. This amount represents additional grant monies received for the addition of a Case Manager/Investigator and other associated costs to manage the increased case load of Pre-trial Services. No additional local funds needed. See attached memo, p. 13. The committee recommends approval. - Approved. 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 4. The Sheriff has been notified by the State Compensation Board ofthe addition of two 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 needed. See attached, p. 14-19. The committee recommends an FY 2006- 2007 General Fund supplemental appropriation in the amount of$84.383. Of this amount, $59,434 will be State funded and $24,949 will be funded locally. - Approved. Upon a motion by Vice-Chairman Ewing, seconded by Supervisor Van Osten, the Board approved the funding of the new positions. Sheriff Williamson advised that this request was for salary only and that he would try to find money for vehicles within the current budget. 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 Nay Gene E. Fisher Nay Philip A. Lemieux Aye Barbara E. Van Osten Aye 5. The Director of Public Works requests an FY 2006-2007 General Fund supplemental appropriation in the amount of $328.650. This amount is needed to complete the construction of a new citizens' convenience site in Clearbrook. See attached memo, p. 20-22. The committee Minute Book Number 32 Board of Supervisors Regular Meeting of 08/23/06 054 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 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 Aye Aye I I J_ 6. The Director of Public Works requests an FY 2006-2007 Landfill Fund supplemental appropriation in the amount of $300.000. This amount is needed to cover the costs of an ongoing permit amendment required to increase the capacity of the municipal solid waste landfill. See attached memo, p. 20. The committee recommends approval. - Approved. Upon a motion by Vice-Chairman Ewing, seconded by Supervisor DeHaven, the Board approved the above request by the following recorded vote: Riehard 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 Aye Aye I L 7. The Director of Parks and Recreation requests an FY 2006-2007 General Fund supplemental appropriation in the amount of $484.860.03. This amount is needed to fund the installation of a sewer line and pump station at Clearbrook Park. The FY 2006 budget for this project was $152,110. Additional local funds required. See attached memo, p. 23. This item has been postponed awaiting further information. The Parks and Recreation department is coordinating a joint meeting with the Sanitation Authority. 8. The Director of Parks and Recreation requests an FY 2006-2007 General Fund supplemental appropriation in the amount of$87.633.04, which is comprised of$17,567.04 in local funds and $70,066 in grant funds. This amount represents remaining funds from FY 2006 for the development of a pedestrian/bicycle trail along Warrior Drive. See attached memo, p. 23. The committee recommends approval. - Approved. 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 Director of Parks and Recreation requests an FY 2007 General Fund budget transfer from the contingencv line item in the amount of$17 .000. This amount is needed for pump and haul Minnte Book Number 32 Board of Supervisors Regular Meeting of 08/23106 055 services since the sewer line project will not be completed in FY 2007. Additional local funds required. See attached memo, p. 24. The committee recommends approval. - Approved. Upon a motion by Vice-Chaim1an 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 10. The Fire and Rescue Department requests an FY 2006-2007 General Fund supplemental appropriation in the amount of $21 .337. This amount represents a carry forward for unexpended 2004 State Homeland Security Grant funds. See attached memo, p. 25. The committee recommends approval and requested a detail of State Homeland Security grant monies received and expended from the Fire and Rescue Director. - Approved. 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 11. The Finance Director requests a General Fund supplemental appropriation in the amount of $775.742.83. a Regional Jail Fund supplemental appropriation in the amount of$18.836.78, a Landfill Fund supplemental appropriation in the amount of$2,062.979.51. a Capital Proiects Fund supplemental appropriation in the amount of$13. 785,627 .90, and an AilJlort Authority Capital Fund supplemental appropriation in the amount of $1 00.740.40. These amounts represent outstanding purchase orders at June 30, 2006. This request will require a public hearing. For further detail, see attached list, p. 26-36. The committee recommends approval. - Approved. 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 12. Thc Finance Director requests a Capital Proiects Fund supplemental appropriation in the amount of$2.207 .060. This amount is needed for continued construction ofthe animal shelter. This item will require a public hearing. See attached, p. 37-38. The committee recommends approval.- Approved. Minute Book Number 32 Board of Supervisors Regular Meeting of 08/23/06 056 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 13. The NRADC Superintendent requests a Jail Fund supplemental appropriation in the amount of $459.785.01. This amount is needed to fund the operating reserve requirement as mandated by the bond issuance for construction of the new facility. See attached memo, p. 39. The committee recommends approval. - Approved. 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 ***For Information Only*** 1. Attached is information provided by the Fire and Rescue Department regarding a proposed work schedule adjustment and overtime. This information has previously been discussed and is being provided in the event that discussions continue. See attached memo, p. 40-54. PLANNING COMMISSION BUSINESS PUBLIC HEARINGS PUBLIC HEARING - CONDITIONAL USE PERMIT #04-06 OF ANDREW DATT AND PAUL ANDERSON FORA 150' TELECOMMUNICATIONS FACILITY. THIS PROPERTY IS LOCATED AT 1009 GERMANY ROAD (ROUTE 625). AND IS IDENTIFIED WITH PROPERTY IDENTIFICATION NUMBER 73-A-I00 IN THE BACK CREEK MAGISTERIAL DISTRICT. (POSTPONED.) - POSTPONED AT THE APPLICANT'S REOUEST This item was postponed at the request of the applicant. PUBLIC HEARING - CONDITIONAL USE PERMIT #05-06 OF HILL TOP HOUSE. SUBMITTED BY PAINTER-LEWIS. PLC. FOR AN ADULT CARE FACILITY. THIS PROPERTY IS LOCATED AT 111 DENNY LANE. JUST OFF ROUTE 7. AND IS IDENTIFIED WITH PROPERTY IDENTIFICATION NUMBER 55B-A-6 IN THE STONEWALL MAGISTERIAL DISTRICT. - APPROVED WITH ADDED CONDITION Zoning Technician Kevin Henry appeared before the Board regarding this item. He advised this was a request for expansion of an adult care facility located at III Denny Lane. The property Minute Book Number 32 Board of Supervisors Regular Meeting of 08/23/06 057 is zoned RP (Residential Performance) District. The facility is proposed to expand from 74 beds to 142 beds. This expansion will require an additional 56 parking spaces. The submission ofa site plan is required. He went on to say that an adjacent property owner spoke at the Planning Commission meeting and expressed concern about his entrance onto Route 7. He concluded by saying that the Planning Commission recommended approval of the conditional use permit with the following conditions: All review agency comments will be addressed and complied with as required. All federal, state, and local regulations applicable to adult care facilities will be complied with at all times. A site plan shall be submitted and receive approval prior to construction on the site. The entrance onto Route 7 will strictly be a single right-inJright-out driveway. Supervisor DeHaven asked ifthere was a reason why there was no condition requiring any change or expansion of the facility to seek a new conditional use permit. Planning Technician Henry advised the condition could be included as an option. Planning Director Eric Lawrence stated that it would be appropriate to add that condition. Chairman Shickle convened the public hearing. Ralph Witt, Sr., Stonewall District, advised that he was an adjoining property owner and he had no objections to the proposed enlargement; however, he was concerned about his driveway, as it did not meet the code's distance requirements, which could adversely affect his ability to develop his property in the future. There being no further public comments, Chairman Shickle closed the public hearing. Upon a motion by Supervisor DeHaven, seconded by Supervisor Fisher, the Board approved conditional use permit #05-06 with the addition of condition #5 which states "any change or expansion of the use would require a new conditional use permit." 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. Dovc Aye Gene E. Fisher Aye Philip A. Lemieux Aye Barbara E. Van Osten Aye PUBLIC HEARING - REZONING #07-06 OF SENSENY ROAD RENTALS. LLC. Minute Book Number 32 Board of Supervisors Regular Meeting of 08/23/06 058 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) APPROXIMATELY 350' WEST OF ASHLEY DRIVE (ROUTE 63). AND IS IDENTIFIED BY PROPERTY IDENTIFICATION NUMBER 65-A-46. IN THE RED BUD MAGISTERIAL DISTRICT. - APPROVED Supervisor Lemieux advised that he would be abstaining from eonsideration of this item because he is an adjoining property owner. Deputy Planning Direetor Mike Ruddy appeared before the Board regarding this item. He advised this rezoning application was presented to the Board at its July 26, 2006 meeting; however, prior to Board action it was diseovered that the incorrect magisterial district had been listed in the advertisement and the hearing needed to be re-advertised at both the Planning Commission and Board levels. He concluded by saying that the Planning Commission recommended approved ofthe proposed rezoning of two acres from RA (Rural Areas) District to RP (Residential Performance) Distriet for four single family dwellings. Chairman Shickle convened the public hearing. There were no public comments. Chairman Shickle closed the public hearing. Upon a motion by Supervisor Dove, seconded by Supervisor DeHaven, the Board approved Rezoning #07-06. The above motion was approved by the following recorded vote: Riehard C. Shiekle 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 OTHER PLANNING ITEMS 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. (VOTE POSTPONED FROM JUL Y 26. 2006 BOARD MEETING.) - POSTPONED UNTIL SEPTEMBER 27. 2006 MEETING Zoning Technieian Kevin Henry appeared before the Board regarding this item. He advised that there were no changes from the last time the Board saw this application. He reminded the Board Minute Book Number 32 Board of Supervisors Regular Meeting of 08/23106 059 this was a request for an off-premise, 50 square foot, monument style business sign. The Board previously postponed this application for thirty days. Zoning Technician Henry stated that Mr. Boyce had not yet applied for a conditional use permit for his proposed sign. He concluded by saying that the Planning Commission recommended approval of this application, with conditions. Upon a motion by Supervisor Fisher, seconded by Supervisor Van Osten, the Board postponed Conditional Use Permit #10-05 until the September 27,2006 meeting. 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 #07-06 OF ORRICK COMMONS - APPROVED Planner II Candice Perkins appeared before the Board regarding this item. She advised this was a master development plan for a proposed mixed use development. There is to be one entrance on Senseny Road and one entrance on to Greenwood Road. The site would also have access off of Farmington Boulevard. There is proposed 158,000 square feet of commercial space. The applicant has proffered an 8,000 square foot tree save area and a traffic signal. The applicant is requesting a waiver to allow the commercial lots in the development to be served by a private street system. Planner II Perkins went on to say the master development plan meets all of the ordinance requirements and the Planning Commission recommended approval of the waiver and the master development plan. She concluded by saying that the applicant is requesting the Board approve the waiver request and grant staff administrative authority to approve the master development plan. Upon a motion by Supervisor Lemieux, seconded by Supervisor Lemieux, the Board approved the waiver of section 144-24C of the Subdivision Ordinance to allow the proposed commercial lots to be served by private street. 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 Minute Book Number 32 Board of Supervisors Regular Meeting of 08/23/06 060 Barbara E. Van Osten Aye Upon a motion by Supervisor Lemieux, seconded by Supervisor DeHaven, the Board granted staff administrative authority to approve master development plan #07-06 of Orrick Commons. 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 COMPREHENSIVE POLICY PLAN AMENDMENT REQUESTS Senior Planner Susan Eddy appeared before the Board regarding this item. She advised that the Board had reviewed the 2006 Comprehensive Policy Plan Amendment requests at a July 31, 2006 work session with the Planning Commission, but chose to postpone a decision on the applications until this evening. Chairman Shickle asked Senior Planner Eddy to summarize each application and thc Board would take action following each presentation. #01-06, Crosspointe - This is a UDAlSWSA expansion for rcsidcntial usc consisting of 52.10 acres located in the Shawnee Magisterial District. The Comprehensive Plans and Programs Subcommittec rccommended further study. Upon a motion by Supervisor Fisher, seconded by Supervisor DcHavcn, thc Board voted not to study application #01-06. The above motion was approved by the following recorded vote: Richard C. Shicklc Aye Bill M. Ewing Aye Charles S. DeHaven, Jr. Aye Gary W. Dove Nay Gene E. Fisher Ayc Philip A. Lemieux Nay Barbara E. Van Osten Nay #02-06, Huntsberry Estate - This is a UDAlSWSA expansion for low density rcsidcntial and battlefield preservation uses on 240 acres located in the Stonewall Magistcrial District. Thc CPPS gave a recommendation of do not study. Upon a motion by Supervisor DeHaven, seconded by Supervisor Lemicux, thc Board voted not to study application #02-06. Thc abovc motion was approved by the following rccordcd vote: Minute Book Number 32 Board of Supervisors Regular Meeting of 08/23/06 061 Richard C. Shickle Nay Bill M. Ewing Aye Charles S. DeHaven, Jr. Aye Gary W. Dove Nay Gene E. Fisher Aye Philip A. Lemieux Aye Barbara E. Van Osten Aye #03-06, Newtown Village - This is a UDAlSWSA expansion originally for residential use, but later changed to commercial on 79.25 acres located in the Back Creek District. The CPPS gave a recommendation of do not study. Upon a motion by Supervisor Van Osten, seconded by Supervisor DeHaven, the Board voted not to study application #03-06. 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 #04-06, Solenberger-Rest Church - This is a SWSA expansion for industrial and supporting business use on 287 acres, part of which is currently in the SWSA, located in the Stonewall Magisterial District. The CPPS recommended further study. Upon a motion by Supervisor DeHaven, seconded by Supervisor Lemieux, thc Board voted not to study application #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 Nay Gene E. Fisher Aye Philip A. Lemieux Aye Barbara E. Van Osten Nay #05-06, Round Hill Center/National Lutheran Home - This is a UDAlSWSA expansion for commercial, age-restricted residential, residential, and park uses on 370 acres, plus additional acreage to make a contiguous boundary, located in the Gainesboro Magisterial District. The CPPS recommended further study. Upon a motion by Supervisor Dove, seconded by Supervisor Van Osten, the Board voted to study application #05-06. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Bill M. Ewing Aye Charles S. DeHaven, Jr. Nay Minute Book Number 32 Board of Supervisors Regular Meeting of 08/23/06 062 Gary W. Dove Aye Gene E. Fisher Aye Philip A. Lemieux Aye Barbara E. Van Osten Aye #06-06, Clearview - This is a UDA/SWSA expansion for age-restricted residential use on 130 acres located in the Stonewall Magisterial District. The Committee gave a recommendation of do not study. A text amendment accompanied this application, which if adopted would apply to the entire county. The CPPS reviewed the text amendment and gave a recommendation of do not study. Supervisor DeHaven advised that he would abstain from consideration of this item due to a conflict of interest. Upon a motion by Supervisor Lemieux, seconded by Supervisor Dove, the Board voted to study application #06-06. 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 Abstain Aye Nay Aye Nay Upon a motion by Supervisor DeHaven, seconded by Supervisor Van Osten, the Board voted not to consider the text amendment that accompanied #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 #07-06, The Grove - This is a UDAJSWSA expansion for residential, park, and small area land use plan uses on 320 acres, which includes acres currently in the UDA, located in the Red Bud Magisterial District. The CPPS recommended further study. A text amendment accompanied this application, which if adopted would apply to the entire county. The CPPS reviewed the text amendment and gave a recommendation of do not study. Supervisor Lemieux moved to study application #07-06. The motion was seconded by Supervisor Dove. The above motion failed by the following recorded vote: Richard C. Shickle Bill M. Ewing Nay Nay Minute Book Number 32 Board of Supervisors Regular Meeting of 08/23106 063 Charles S. DeHaven, Jr. Nay Gary W. Dove Aye Gene E. Fisher Nay Philip A. Lemieux Aye Barbara E. Van Osten Aye Upon a motion by Supervisor DeHaven, seconded by Vice-Chairman Ewing, the Board voted no to study the text amendment that accompanied application #07-06. 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 Ayc Gene E. Fisher Aye Philip A. Lemieux Aye Barbara E. Van Osten Aye BOARD LIAISON REPORTS Vice-Chairman Ewing reported that Martin's donated $1,000 to the Bowman Library. CITIZEN COMMENTS There were no citizen comments. BOARD OF SUPERVISORS COMMENTS Supervisor Dove stated there has been some confusion about the $20,000 the County is spending to clean up the blast site on the Cook property. He advised the County would put a lien on the property to cover this cost. Supervisor Dove also reminded everyone that school starts next week and to be careful on the roads. 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. (9:16 P.M.) "' D~ C-~_CL~,----, Richard C. Shickle Chairman, Board of Supervisors Minutes Prepared By: (h,l l '-ill J;yE.~ Deputy Clerk, Board of Supervisors Minute Book Number 32 Board of Supervisors Regular Meeting of 08/23/06