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September 27, 2006 Regular Meeting 103 A Regular Mecting ofthe Frederick County Board of Supervisors was held on Wednesday, September 27, 2006, at 7: 15 P.M., in the Board of Supervisors' Mecting Room, County Administration Building, 107 North Kcnt 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 Shiekle called the meeting to order. INVOCATION Reverend Larry Veach, New Life Christian Church, delivered the invocation. PLEDGE OF ALLEGIANCE Vice-Chairman Ewing led the Pledge of Allegiance. ADOPTION OF AGENDA - APPROVED AS AMENDED Assistant County Administrator Kris C. Tierney advised that he had one addition to the agenda. He added a recommendation from the Transportation Committee as item #2A under Committee Reports. Upon a motion by Supervisor DeHaven, seconded by Supervisor Fisher, the Board approved the agenda as amended. 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. Fisher Aye Philip A. Lemieux Aye Barbara E. Van Osten Aye CONSENT AGENDA - APPROVED Assistant County Administrator Tierney offered the following items for consideration under the consent agenda: Proclamation Re: October, 2006 as Literacy Month - Tab B; Parks and Recreation Commission Report - Tab F; Subdivision Request #12-06 of Stephens City Storage, LLC - Tab 0; Minute Book Number 32 Board of Supervisors Regular Meeting of 09/27/06 I 104 - Road Resolution - Shawnee Village - Tab P. Upon a motion by Vice-Chairman Ewing, seconded by Supcrvisor Dove, the Board approved the consent agcnda as presented. The above motion was approved by the following recordcd 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 CITIZEN COMMENTS Mike Boyce, resident of the Red Bud District and Shawnee District business owner, appeared before the Board regarding Conditional Use Pern1it #10-05. He advised that he was in the process of getting agcncy comments on his own conditional use permit for a sign in the same area and he had made efforts to push ahead. He asked the Board to postpone CUP # I 0-05 until he could get his comments and application turned in. BOARD OF SUPERVISORS COMMENTS The werc no Board of Supervisors' comments. MINUTES-APPROVED Upon a motion by Supervisor Dove, seconded by Supervisor DeHaven, the Board approved the minutes from the September 13,2006 Rcgular Meeting 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 Barbara E. Van Osten Aye COUNTY OFFICIALS PROCLAMA TION (#002-06) RE: OCTOBER, 2006 AS LITERACY MONTH - APPROVED UNDER THE CONSENT AGENDA WHEREAS, the need for highly literate citizens increases as Frederick County moves toward an increasingly technological future; and WHEREAS, more than 18 percent of county adults experience literacy issues that impact severely on their lives and familics, their ability to work productively, and their full participation as citizens and residents of our county; and Minute Book Nnmber 32 Board of Supervisors Regnlar Meeting of 09127/06 105 WHEREAS, Literacy V olunteers- Winchester Area provides one on one tutoring to individuals reading below the 5Ul grade reading level, provides ESL classes and assists in Northern Shenandoah Valley Adult Education classes, provides small group instruction in citizenship, financial literacy, computer literacy, and provides family literacy programs targeted toward families who utilize Fremont Street and Winchester Day Nurseries; and WHEREAS, the Literacy Volunteers-Winchester Area invites the community, residents, newspapers, television stations, radio stations, businesses, organizations, to join in highlighting the economic and societal importance of literacy. Literacy strengthens individuals, families, and communities' ability to access health, educational, political, economic and cultural opportunities and servIces. NOW, THEREFORE, BE IT RESOLVED, the Frederick County Board of Supervisors does hereby proclaim October, 2006 as Literacy Month, and urge fellow citizens to learn more about the importance of literacy and to become involved with literacy activities in their communities. ADOPTED this 27th day of September, 2006. This item was approved under the consent agenda. COMMITTEE APPOINTMENTS APPOINTMENT OF STAN CROCKETT TO THE FREDERICK COUNTY SANITATION AUTHORITY TO FILL THE UNEXPIRED TERM OF JAMES T. ANDERSON-APPROVED Upon a motion by Supervisor Dove, seconded by Supervisor DeHaven, the Board appointed Stan Crockett to serve on the Frederick County Sanitation Authority, effective November 1, 2006, to fill the unexpired term of James T. Anderson, said term to expire April 15, 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 R. JACK BLACK REAPPOINTED AS A MEMBER OF THE SHA WNEELAND SANITARY DISTRICT ADVISORY COMMITTEE - APPROVED Upon a motion by Supervisor Van Osten, seconded by Supervisor Fisher, the Board reappointed R. Jack Black to serve as a member of the ShawneeLand Sanitary District Advisory Committee. This is a two year appointment, said term to expire September 27,2008. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Bill M. Ewing Aye Charles S. DeHaven, Jr. Aye Gmy W. Dove Aye Minute Book Number 32 Board of Supervisors Regular Meeting of 09/27/06 106 Gene E. Fisher Aye Philip A. Lemieux Aye Barbara E. Van Osten Aye REOUEST FROM THE COMMISSIONER OF THE REVENUE FOR REFUND - APPROVED Assistant County Administrator Tierney advised this was a request from the Commissioncr of the Revenue for a refund to USA Logistics Inc. in the amount of$6,241.S9. The County Attorney reviewed same and indicated the refund appeared justified. Upon a motion by Vice-Chairman Ewing, seconded by Supervisor DeHaven, the Board approved the refund 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. Lemicux Aye Barbara E. Van Osten Aye FINANCE DEPARTMENT AWARDED THE DISTINGUISHED BUDGET PRESENTATION AWARD BY THE GOVERNMENT FINANCE OFFICERS ASSOCIATION Assistant County Administrator Tierney advised the Board that the Frederick County Finance Department and Finance Director Cheryl B. Shiffler had been awarded the Distinguished Budget Presentation A ward by the Government Finance Officers Association for the current fiscal year. He went on to say that Frederick County has received this award for the past 19 years and only three localitics in Virginia have excecded that number. This itcm was for information only. COMMITTEE REPORTS PARKS AND RECREATION COMMISSION REPORT - APPROVED UNDER THE CONSENT AGENDA The Parks and Recreation Commission met on Septcmber 19, 2006. Members present werc: Robert Hartman, P. W. Hillyard, III, Larry Sullivan, Martin Cybulski, Ronald Madagan, Jeffrey Butler, and Charles Sandy, Jr. Items Reauirinl! Board of Supervisors Action: 1. None Submitted for Board Information Onlv: 1. Nonc Minute Book Number 32 Board of Supervisors Regular Meeting of 09127106 107 Standinl! Committee Reports: 1. Buildings and Grounds Committee - The Buildings and Grounds Committee recommended the Commission decline the offer of a 3.5 acre parcel ofland for a public park in the Orrick Commons Subdivision. The Commission stated that the acreage ofthis parcel did not meet the requirements for a neighborhood park as defined in the Comprehensive Plan, second by Mr. Sandy, carried unanimously (7-0). 2. Finance Committee - The Finance Committee recommended the Commission approve fee rate changes for fiscal year 2007-08, second by Mr. Hartman, carried unanimously (7-0). TRANSPORTATION COMMITTEE REPORT - APPROVED The Transportation Committee met on Monday, August 28, 2006 at 8:30 a.m. Members Present Chuck DeHaven (voting) Phil Lemieux (voting) Eric Lowman (voting) Darwin Braden (voting) James Racey (voting) George Kriz (liaison) Lewis Boyer (liaison) Members Absent Donald Breeden (liaison) ***Items Requiring Action*** 3. Route 37 Alternatives in the Vicinity of the Stonewall Industrial Park Staff briefed the Committee on the VDOT comments that had been received for the four submitted alternatives. The Committee discussed a number of issues, including engineering, surrounding land uses, and potential costs of the varying alignments. The VDOT comment stated that all of the alternatives would be similar in cost from a construction perspective and all but one ofthe alternatives were engineered within design standards, although alternative C-NW appears to be the VDOT preference from a purely engineering standpoint with C- NWC having the second most favorable VDOT review based upon staff interpretation. Please find attached to this meeting report, maps of the alternatives that were considered and a copy ofthe VDOT comments. MOTION: Mr. Phil Lemieux, seconded by Mr. James Racey To recommend alternative C-NWC as the preferred alternative due to its appearance to have less impact on surrounding land uses. Further that C-NW be recommended as the second choice of the committee. Motion passed unanimously. Transportation Planner John Bishop showed the Board drawings of the recommended alignment and alternate for Route 37 East near the Stonewall Industrial Park. He advised that both proposals were compliant with VDOT design standards. Upon a motion by Supervisor DeHaven, seconded by Supervisor Dove, the Board adopted C-NWC as the new center line corridor for the section of Route 37 East in the vicinity of the StonewaJl Industrial Park. The above motion was approved by the following recorded vote: Minute Book Nomber 32 Board of Supervisors Regular Meeting of 09/27/06 108 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 asked if the County had any right-of-way for the alternative shown. Transportation Planner Bishop responded there was none in county ownership, but some right-of-way has been proffered as part of a previously approved rezoning. ***Items Not Requiring Action*** 1. Update on the Frederick County Cauital Improvement PIau Per the State Code, Frederick County may include transportation projects upon which there is a significant chance we will be expending local revenue or cash proffers within the next five years. The decision has been made to begin inclusion of transportation projects with this update of the CIP. The CIP is updated on an annual basis. Below, please find the recommended list of transportation projects to add to the CIP this year. Route 37: Continued Planning and Engineering work Route 37/Route II/Shady Elm: Planning and Engineering for Interchange Solution Warrior Drive: Extension to Route 277 Channing Drive: Extension to Route 50 Route 11 North of Winchester: Widening to WV State Line Brucetown RoadIHopewell Road: Alignment and Intersection Improvements Senscny Road: Widening East Tevis Street Extension: Connection to Roadway within Russell 150 Development and 1-81 Crossover Inverlee Way: Connection from Route 50 to Senseny Road Fox Drive: Right Turn Lane at Intcrsection of Fox Drive and Route 522 Blossom Drive: Install Turn Lane Staffbriefed the Committee on the transportation projects targeted for inclusion into the CIP above. The Committee discussed the purpose of adding the projects to the CIP and staff clarified that adding these types of projects that are currently receiving significant resources in terms of planning efforts, revenue sharing funds, proffered improvements, or some combination is just another way of keeping focus on these projects and advancing them. The Committee requested that more detail be added to the individual projects in terms of what the projected funding source would be and the scope of the projects. MOTION: Mr. Darwin S. Braden, seconded by Mr. James Racey To adopt the recommended list with the suggested modifications. Motion passed unanimously. 2. Update on the Eastern Road Plan Staff presented the update of the Eastern Road plan to the Committee. The committee discussed the possibility of accessing the MPO Transportation Model to test the improvements. Staff informed the Committee that as ofthe end ofthe Long Range Plan effort, the model that was developed was turned over to and is being maintained by VDOT Modeling Section in Richmond. The County does not have access to the model and staff will be working with VDOT to see that the Minute Book Number 32 Board of Supervisors Regular Meeting of 09/27/06 109 Eastern Road Plan gets tested in the model and that a structure for keeping the model updated is developed. MOTION: Mr. Darwin S. Braden, seconded by Mr. Eric Lowman Adopt the Eastern Road Plan as presented. Motion passed unanimously. The plan will now be presented to the CPPS before being forwarded to the Planning Commission and the Board of Supervisors. 4. Transportation Enhancement Grant Auulications Staff updated the Committee on the effort to apply for Enhancement Grant Funds for bicycle and pedestrian improvements in the Community. At this time, staff is targeting the addition of a bicycle and pedestrian path between Senseny Road Elementary and its surrounding neighborhoods. MOTION: Mr. James Racey, seconded by Mr. Darwin S. Braden To endorse the application for enhancement grant funds to make bicycle and pedestrian improvements in the vicinity of Senseny Road Elementary School. Motion passed unanimously. 5. Uudatinl?: Revenue Sharin~ proiects in Secondary Road Improvement Plan Staff updated the Committee on the need to add an additional project to the Incidental Construction table in the Secondary Road Improvement Plan and the addition of Senseny Road to the Major Road Improvements table in the Secondary Road Improvement Plan as a potential revenue sharing project. The addition of Senseny Road gives the County a significant project to apply for funds in the upcoming revenue sharing application window. MOTION: Mr. Darwin S. Braden, seconded by Mr. James Racey To accept the updates to the Secondary Road Improvement Plan. Motion passed unanimously. 6. Willow Run Internal Road System As part of the potential Willow Run rezoning, the applicant is seeking a number of exceptions to VDOT's Design Standards. Staff from Greenway Engineering was present to brief the Committee on the areas where they are seeking exceptions and why those exceptions are sought. The Committee discussed the fact that this type of development was what the UDA study was examining and promoting. This item was focused on the internal street system only and did not cover the potential interchange associated with this proposed development. MOTION: Mr. Skip Braden, seconded by Mr. James Racey To endorse the concept of the neo-traditional street design set forth in the Willow Run application. Motion passed unanimously. 7. Article Review Staff regularly monitors news outlets for transportation articles that might be of interest to Minute Book Number 32 Board of Supervisors Regular Meeting of 09/27/06 110 the committee and includes them in this portion of the agenda. 8. Follow-up Discussion of Transportation Impact Fees Meetin!?: on AUl:ust 22, 2006 This item was added as an opportunity to further discuss the Impact Fee Meeting held on August 22, 2006. There was little discussion, although members of the Commission did state that they found the meeting very infornlative. 9. Traffic Calmin!?: in the Oakdale Crossin!?: Neil:hborhood Staff informed the Committee that they had been contacted by members of the Oakdale Crossing neighborhood regarding the large amount of speeding and cut-through traffic between Senseny Road and Route 50 in the neighborhood. There is a traffic calming program operated by VDOT whereby, at the request of the county Board of Supervisors, VDOT will study the area and work with the neighborhood and the County to craft a plan addressing the issue. The Committee discussed the impacts of entering into this program, including potential impacts on stafftime, costs, and how to decide what petitions are recommended to the Board and what petitions are not. Staff was requested to create guidelines for addressing these petitions and return the item at the September meeting. 10. Other No other business was discussed. TRANSPORTATION COMMITTEE RECOMMENDATION RE: ROUTE 37 CENTERLINE WORK - APPROVED Transportation Planner John Bishop advised that staffis working to refine the Eastern Route 37 centerline. The Transportation Committee received a quote from Marsh & Legge Land Surveyors to complete the necessary work. The cost to complete the definition ofthe centerline for the entire eastern portion of Route 37 East is $24,500. He went on to say that the Transportation Committee, at its September 25, 2006 meeting, unanimously recommended that the Board of Supervisors authorize staff to undertake the work using funds from the transportation line item in the Frederick County FY 2006-2007 budget. Upon a motion by Supervisor Dehaven, seconded by Supervisor Fisher, the Board authorized the expenditure of the requested funds. 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 FINANCE COMMITTEE REPORT The Finance Committee met in the Board of Supervisors' Meeting Room at 107 N. Kent Minute Book Number 32 Board of Supervisors Regular Meeting of 09/27/06 111 Street on Wednesday, September 20, 2006 at 8:00 a.m. All members were present. Items 1,2,3, 4,7,8,9, 10, 16, and 17 were approved under eonsent agenda. Upon a motion by Viee-Chairman Ewing, seeonded 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 Winchester Regional Airport requests an Airport Capital Fund supplemental appropriation in the amount of $ 1.048.279. This amount represents projects that are requested to be carried forward. See attached memo, p. 2. The committee reeommends approval. - Approved Under the Consent Agenda. 2. The Finance Directorrequests a General Fund sUPDlemental appropriation in the amount of$52.867. This amount represents the County's share of the above Airport projects that need to be carried forward. See attached memo, p. 2. The committee recommends approval. - Approved Under the Consent Agenda. 3. The Clerk of Court requests a General Fund supplemental appropriation in the amount of $74.926. This amount represents State funds for scanning equipment, computers and viewing stations. No local funds required. See attached information, p. 3-9. The committee recommends approval. - Approved Under the Consent Agenda. 4. The Director of Information Services requests a General Fund supplemental appropriation in the amount of$37.953. This amount represents a carry forward and is needed to pay the balance for the completion of the teehnology survey. See attached memo, p. 10. The committee recommends approval. - Approved Under the Consent Agenda. 5. The Director of Public Works requests a Landfill Fund supplemental appropriation in the amount of $1.636.071. This amount is needed for Phase II, Cell B construction. See attached memo, p. 11-12. The committee recommends approval. - Approved. Upon a motion by Vice-Chairman Ewing, seconded by Supervisor Dove, the Board seheduled the above request for public hearing. The above request was approved by the following recorded vote: Richard C. Shiekle 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 Director of Public Works requests a General Fund supplemental appropriation in the amount of$24.000. This amount represents proffers received and is needed to pay the 2006 lease for the Greenwood citizens' convenience site. No local funds are needed. See attached memo, p. 13. The committee recommends approval. - Approved. Minute Book Number 32 Board of Supervisors Regular Meeting of 09/27/06 112 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 7. The Sheriffrequests a General Fund supplemental appropriation in the amount of$8.890. This amount represents a reimbursement for BFI image monitoring and is requested to be appropriated to the Shcriffs overtime budget. No local funds needed. See attachcd memo, p. 14-18. The committee recommends approval. - Approved Under the Consent Agenda. 8. The Sheriff requests a General Fund supplemental appropriation in the amount of $1.606.75. This amount represents funds received from area schools for DARE program. No local funds needed. See attached memo, p. 19-21. The committee recommends approval. - Approved Under the Consent Agenda. 9. The SherifTrequests an FY 06 General Fund supplemental appropriation in the amount of$58.309.39. This amount represents a quarterly expense reimbursement from Shenandoah County for the Gang Task Force and is requested to be appropriated to the Sheriffs overtime/salary budget. No local funds needed. See attached memo, p. 22-24. The committee recommends approval. - Approved Under the Consent Agenda. 10. Thc Sheriff requests a General Fund sUP\llemental appropriation in the amount of $21.492.23. This amount represents carry forwards of DARE funds $4,900.22 and forfeited assets funds $16,592.01. No local funds needed. Scc memo, p. 25. The committee recommends approval. - Approved Under the Consent Agenda. 11. Thc School Board requests a School Operating Fund supplemental appropriation in the amount of $179.872: a School Capital Proiect Fund supplemental appropriation in the amount of $642.488: and a School Construction Fund supplemental appropriation in the amount of$3.257 .520. These amounts represent outstanding encumbrances at June 30, 2006. See attached information, p. 26-29. The committee recommends approval. - Approved. Upon a motion by Vice-Chairman Ewing, seconded by Supervisor DeHaven, the Board scheduled the above request for public hearing. The above request 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 School Board requests a School Operating Fund supplemental appropriation in the amount of$21.655. This amount represents a carry forward of restricted funds for the regional adult education program. See attached memo, p. 30-31. The committee recommends approval. - Approved. Minute Book Number 32 Board of Supervisors Regular Meeting of 09/27/06 113 Upon a motion by Vicc-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 13. The School Board requests a School Capital Fund supplemental appropriation in the amount of$55.330. This amount represents rcmaining FY 06 funds in the School Capital Project Fund. See attached memo, p. 30-31. The Committee recommends approval. - Approved. Upon a motion by Vice-Chairman Ewing, secondcd by Supervisor Dove, the Board approvcd 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 14. The School Board requests a School Capital Proiect Fund supplemental appropriation in the amount of $622.287. This amount represents remaining undesignated FY 06 funds in the School Operating Fund. See attached memo, p. 30-31. The committee recommends that funds be dcsignated for specific purchases and presented to the Board for approval. - Approved. Assistant County Administrator Tierney advised that the Schools had submitted a letter to the Board stating that $600,000 of thc requested funds would be used to purchase up to twelve modular units (six at James Wood and six at Sherando) to be ready for the projected student population next fall. The remaining $22,287 is needed to reconfigure existing workspace for support staff. Upon a motion by Supervisor Van Osten, seconded by Supervisor DeHaven, the Board scheduled the above request for public hearing. The above request was approved by the following rccorded vote: Richard C. Shickle Aye Bill M. Ewing Nay Charles S. DeHaven, Jr. Aye Gary W. Dove Ayc Gene E. Fisher Aye Philip A. Lemieux Aye Barbara E. Van Osten Aye 15. The School Board requests a School Construction Fund supplemental appropriation in Minute Book Number 32 Board of Supervisors Regular Meeting of 09/27/06 114 the amount of$l. 737.066. This amount represents carry forward project balances from FY 06. See attached memo, p. 31. The committee recommends approval. - Approved. Upon a motion by Vice-Chairman Ewing, seconded by Supervisor DeHaven, the Board scheduled the above request for public hearing. 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 16. Division of Court Services requests a Court Services Fund supplemental appropriation in the amount of$54.682. This amount represents grant funds for Old Dominion Local Community Based Probation. No additional local funds are needed. See attached memo, p. 32. The committee recommends approval. - Approved Under the Consent Agenda. 17. The Finance Director requests an FY 06 and an FY 07 General Fund supplemental appropriation to appropriate Fire Program and Four-for-Life Funds. The FY 06 General Fund supplemental appropriation is needed in the amount of $78.497 and the FY 07 General Fund supplemental appropriation is in the amount of $87.218. No additional local funds needed. See attached memo, p. 33. The committee recommends approval. - Approved Under the Consent Agenda. 18. The Finance Director requests an FY 06 General Fund supplemental appropriation of $26.790. The additional funds were needed for property tax relief. See attached expenditure information, p. 34. The committee recommends approval. - Approved. 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 19. The Commissioner ofthe Revenue requests a General Fund supplemental appropriation in the amount of $97.200. This amount represents funding to hire and train additional staff to conduct the reassessment, and associated costs. Additional local funds required. See memo, p. 35. This item has been postponed and referred to the Personnel Committee. - Approved. Upon a motion by Vice-Chairman Ewing, seconded by Supervisor DeHaven, the Board approved the salary increase and benefits for existing staff along with the needed technical equipment and software in the amount of$19,487 by the following recorded vote: Richard C. Shickle Bill M. Ewing Aye Aye Minute Book Number 32 Board of Supervisors ReguLar Meetiug of 09/27/06 115 Charles S. DeHaven, Jr. Aye Gary W. Dove Aye Gene E. Fisher Aye Philip A. Lemieux Aye Barbara E. Van Osten Aye 20. The Assistant County Administrator has provided a proposed policy governing the acceptance and use of cash proffers to continue dialog on the subject. See attached information, p. 36-48. The committee recommends submitting a proposal to the Fire and Rescue Association, to facilitate discussions, which states that proffer monies cannot be used for debt service and defines a CIP item as having a minimum value of $100,000 and a useful life of at least five years. The committee also recommends that all questions and answers between the Association and the County, concerning proffers, be journalized. This item has been postponed awaiting further information. - Information Only. 21. The Director of Fire and Rescue requests a General Fund supplemental aopropriation in the amount of$75.000. This amount represents FY 06 State Homeland Security Grant funds to be used to purchase a mobile radio package. No local funds needed. See attached memo, p. 49. The committce recommends approval. - Approved. Upon a motion by Vice-Chairman Ewing, seconded by Supervisor Van Osten, the Board approvcd the above request by the following recorded votc: Richard C. Shicklc Aye Bill M. Ewing Aye Charles S. DeHaven, Jr. Ayc Gary W. Dove Aye Gcne E. Fisher Aye Philip A. Lemieux Aye Barbara E. Van Osten Aye ***For Information Only*** 1. The Fire and Rescue Department has provided requested detail of State Homcland Security Grant funds received and expended. See attached information, p. 50-52. 2. The Metropolitan Washington Ear, Inc., Northern Virginia 4-H Educational and Conference Center and the Lord Fairfax Emergency Medical Services Council sent letters of appreciation for the FY 07 contributions. See attached memos, p. 53-56. PUBLIC HEARING PUBLIC HEARING - AN ORDINANCE TO AMEND THE FREDERICK COUNTY CODE. CHAPTER 161. WATER AND SEWERS: ARTICLE I. SEPTIC TANKS. BY THE ADDITION OF A NEW SECTION. DRAINFIELD RESERVE AREA. THE PURPOSE OF THIS PROPOSED AMENDMENT IS TO INCREASE THE DRAINFIELD RESERVE REQUIREMENT ON THE SEWAGE DISPOSAL AREA ON ALL LOTS OR PARCELS TO BE SERVED BY AN ON-SITE SEWAGE DISPOSAL SYSTEM - REFERRED BACK TO THE PUBLIC WORKS COMMITTEE Assistant Administrator Tierney 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 Minute Book Number 32 Board of Supervisors ReguLar Meeting of 09/27/06 .116 this proposed change must be done through the adoption of an ordinance, which required a public hearing before the Board. At the Board's August 23,2006 meeting, staff prepared a draft of the proposed ordinance for the Board's review and authorization for public hearing. At that meeting, the Board modified the proposed language and requested that staff refer it to legal counsel for review and modification, if necessary. The proposed language was reviewed and approved by legal counsel. Chairman Shickle convened the public hearing. Sharon Brown, Back Creek District, requested enough time for agencies to complete paperwork that she had submitted earlier this year. She advised that she had invested a great deal of money to study her project and she requested the language be amended to establish a May 2007 completion date for projects in the system as all of the required paperwork could not be completed by December 31 , 2006. John Good, Jr., Stonewall District, stated this proposal was heavy on cost and light on benefit. He believed it conveyed a false sense of security and there was a need to establish a trigger to require the reserve area to be used. He concluded by saying that the cost to the "little guy" would be significant. Mark Smith, Greenway Engineering, appeared before the Board on behalf of several clients. He stated that he had reviewed the proposed language, but found no grandfathering provision and the language pertaining to newly created lots had inadvertently been left out. He went on to say that it was impossible to meet the recordation deadline. He believed it would be appropriate to table this proposal and amend the language. He concluded by asking if 100% was necessary or if 50% with stricter maintenance would be better. Richard Drummell, Red Bud District, advised that he had received preliminary subdivision approval from the Planning Commission, but he needed to get drainfield approval from the Health Department, which can take up to 60 working days. He went on to say that it could be as late as December 18,2006 before his paperwork is released from the Health Department, which does not leave a big window to get things through the process. He stated that he was in favor of having good septic fields and he asked the Board to consider the timing and implementation aspects of the proposal. Minute Book Number 32 Board of Supervisors Regular Meeting of 09/27/06 117 Bob Kendall, Opequon District, stated that he believed there were better ways to address sanitation problems and this proposal would only address new, but not existing systems. He believed a proper ordinance should address both current and future systems and he would like to see more time taken to work out the details. He went on to say that he could not see the need to requirc recordation as part of the ordinance, as this was an expensive process. He concluded by requesting that the Board eliminate the recordation requirement. Greg Hewitt, Stonewall District, wondered why there was a need to go to a 100% reserve since the 50% reserve has been working. He stated that it seemed like a waste of land. Chairman Shickle closed the public hearing. Upon a motion by Supervisor Lemieux, seconded by Supervisor Dove, the Board sent this item back to the Public Works Committee to work on the language. No date was set for its return to the Board. Supervisor Van Osten asked ifthere was any awareness about monitoring septic fields. Planning Director Eric Lawrence advised that the State Health Department has the responsibility to sign off on any new construction. Supervisor Van Osten asked staffto look at a maintenance requirement for existing systems. Supervisor Dove stated that he was originally against this proposal, but has since talked to system installers who feel there should be a 100% requirement. He went on to say that he believed the main problem was maintenance. Chairman Shickle stated that he would like to see the Public Works Committee look at this and include more stringent requirements for inspection and also require proof of pump out. Vice-Chairman Ewing stated that he favored maintenance over the new requirement. He went on to say that he had trouble with the recording requirement. Supervisor DeHaven stated that the Board was continuing the discussion on maintenance. He felt the 100% reserve requirement was a small piece of the overall puzzle. The being no further discussion, the Board approved the motion to refer this policy back to the Public Works Committee 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 09/27/06 118 Gene E. fisher Aye Philip A. Lemieux Aye Barbara E. Van Osten Aye PLANNING COMMISSION BUSINESS PUBLIC HEARINGS PUBLIC HEARING - CONDITIONAL USE PERMIT #03-06 OF REBECCA AND EDWARD ARNETTE FOR A LANDSCAPING CONTRACTOR BUSINESS. THIS PROPERTY IS LOCATED AT 819 REDBUD ROAD (ROUTE 661), AND IS IDENTIFIED WITH PROPERTY IDENTIFICATION NUMBER 55-A-2 IN THE STONEWALL MAGISTERIAL DISTRICT - (WITHDRAWN) PUBLIC HEARING - CONDITIONAL USE PERMIT #06-06 OF HORTON INVESTMENT LLC FOR A GREEN HOUSE AND SHOWROOM. THIS PROPERTY IS LOCATED AT 2731 FRONT ROYAL PIKE (ROUTE 522). AND IS IDENTIFIED WITH PROPERTY IDENTIFICATION NUMBER 76-A-62 IN THE SHAWNEE MAGISTERIAL DISTRICT. - APPROVED Supervisor DeHaven advised that he would be abstaining from consideration of this application due to a conflict of interest. Planning Technician Kevin Henry appeared before the Board regarding this item. He advised this was a request for a conditional use permit for a retail nursery on 5.57 acres located in the Shawnee Magisterial District. The property is zoned RA (Rural Areas). The proposed use will have a 20,000 square foot showroom and 50 parking spaces. Staff is recommending a 25 square foot sIgn. Planning Technician Henry went on to say that this business meets the intent of the Comprehensive Plan and the Planning Commission recommended approval with the following conditions: 1. All review agency comments and requirements shall be complied with at all times. 2. An engineered site plan shall be submitted to, and approved by, Frederick County prior to business activities. 3. One non-illuminated, freestanding business sign shall be allowed on the property; the sign shall be limited to 25 square-feet in area. The sign shall not exceed ten feet in height. 4. The driveway along Front Royal Pike (Route 522) shall be strictly limited to an entrance and the driveway that adjoins Fries Loop Rd (Route 760) shall be the exit for accessing Front Royal Pike (Route 522). 5. Eighteen employees are permitted between the months of April, May, and June; while the remainder of the time, the site shall have no more than six employees. 6. Any expansion or change of use will require a new Conditional Use Pern1it. 7. Establish a 25-foot full landscaped buffer against any adjoining residential lots. 8. Storage of heavy equipment will take place within the greenhouse. Minute Book Number 32 Board of Supervisors Regular Meeting of 09/27/06 119 Supervisor Fisher asked the applicant about the type of heavy equipment to be stored on site. Jim Horton, applicant, responded that the heaviest equipment would be tractors, but they would be stored in sheds. Chairman Shickle convened the public hearing. There were no public comments. Chairman Shicklc closed the public hearing. Upon a motion by Supervisor Fisher, seconded by Vice-Chairman Ewing, the Board approved Conditional Use Permit #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 Abstained Aye Aye Aye Aye PUBLIC HEARING - REZONING #09-06 OF TASKER WOODS. SUBMITTED BY PATTON HARRIS RUST & ASSOCIATES. TO REZONE 60.281 ACRES FROMRA (RURAL AREAS) DISTRICT TO RP (RESIDENTIAL PERFORMANCE) DISTRICT AND 18.897 ACRES FROM RA (RURAL AREAS) DISTRICT TO B2 (GENERAL BUSINESS) DISTRICT. TOTALING 79.178 ACRES. WITH PROFFERS. FOR UP TO 319 RESIDENTIAL UNITS. AND FOR COMMERCIAL USE. THE PROPERTIES ARE LOCATED NORTH OF TASKER ROAD (ROUTE 642). EAST AND SOUTH OF MACEDONIA CHURCH ROAD (ROUTE 756). AND WEST OF FRONT ROYAL PIKE (ROUTE 522). AND ARE IDENTIFIED BY PROPERTY IDENTIFICATION NUMBERS 76-A-48A AND 76-A-49 IN THE SHAWNEE MAGISTERIAL DISTRICT - APPROVED Senior Planner Susan Eddy appeared before the Board regarding this item. She advised this was a request to rezone 60 acres from RA (Rural Areas) District to RP (Residential Performance) District and approximately 19 acres from RA (Rural Areas) District to B2 (General Business) District, with proffers. The present land use is vacant. The entire property is located in the Sewer and Water Service Area. The residential portion is in the Urban Development Area. The entire site is located within the Tasker Woods Land Use Area. The proposed residential pattern is consistent with the land use plan. She went on to say that the applicant has not provided a lot of information on the commercial portion. The residential portion would come on line before the commercial. Senior Planner Eddy stated that the Eastern Road Plan designates Macedonia Church Road as a major collector road (i.e. 4-lane divided median section). With regard to traffic impacts, there are Minute Book Number 32 Board of Supervisors Regular Meetiug of 09127106 12 currently 400 vehicle trips per day on Macedonia Church/White Oak Road. By 2010, that number will increase to 5,500 vehicle trips per day. This proposed development will generate 7,000 vehicle trips per day; therefore, this road would be seeing 12,000 vehicle trips per day at build out. She advised that the applicant would be providing the right-of-way for the 4-lane. The road and intersections could function at level C. Senior Planner Eddy then reviewed the proffer statement dated March 15,2006 with revisions dated September 19,2006: The applicant proffered a generalized development plan. The applicant proffered to limit the residential units to 319 and commercial development would be limited to 179,000 square feet. The applicant will establish a start-up fund for the Home Owners Association with $2,500 lump sum contribution plus $100 per platted lot. The applicant will construct a 200-foot section of the desired four-lane landscaped median section. The monetary contribution is consistent with the development impact model. She stated that the Planning Commission recommended approval of the rezoning and this application is consistent with the Comprehensive Plan. She concluded by saying that staff would have liked more information on the proposed commercial development. Chairman Shickle stated that it was not clear what revisions were made to the proffer statement. Senior Planner Eddy responded that there was a change to proffer 12.4, which added that the applicant would "...construct Macedonia Church Road from its intersection with Front Royal Pike as a four lane roadway with a landscaped median for a minimum distance of 200 feet prior to transitioning to a three lane section then transitions to a two lane section that aligns with the existing two lane section of improvement White Oak Road at Canter Estates." Supervisor DeHaven stated that the turn lane at White Oak Road was modeled on the traffic impact analysis, but the applicant has not committed to constmcting it. Clifford L. Athey, Jr., Attorney, appeared before the Board on behalf ofthe applicant. He briefly reviewed the history of this project and advised that the applicant had spoken and worked with the neighbors to develop this project. He stated that Macedonia Church wants a community centered around the church, but the church questions the need for the four-lane highway around its property. He stated the applicant was committed to remaining with its "allies" and would work to Minute Book Number 32 Board of Supervisors Regular Meeting of 09/27/06 121 respect their wishes and desires. He went on to say that if VDOT determines the applicant needs to do more on this project, they would do more. Mr. Athey stated that the applicant was proffering $200,000 for general improvements. He concluded by asking the Board to support this application because it was supported by the c0111111unity. Patrick Sowers, Patton Harris Rust & Associates, appeared before the Board on behalf of the applicant and advised there would be a single right turn lane installed in the south bound lane ofT asker Road and the applicant has proffered $1 ,000 per single family detached dwelling and $500 per single family attached dwelling for this purpose. Chairman Shicklc convened the public hearing. Jason Dooley, Shawnee District resident and pastor of Macedonia United Methodist Church, spoke supported this project. He stated that he and the church were interested in building a healthy community and were in favor of this project. He went on to say that the church favored the residential development as well as the four-lane road in front of the church (i.e. four lanes to three lanes). He stated that church members were concerned about the entire road being four-lane as it would become a short cut and increase vehicle trips. Henry Newman, Shawnee District, thanked the developer for coordinating with residents on this project. He expressed his support for the four-three-two lane road model. He concluded by saying that he was in favor of this plan. There being no further comments, Chairman Shickle closed the public hearing. Supervisor Fisher stated that he had talked with the residents in thc area of Old Macedonia Church Road, at White Oak Road regarding the possibility of constmcting a cul-de-sac on that stretch. He asked Mr. Athey if the developer would be agrecable to this request. Mr. Athcy responded that he would pursue that request to see if it was the desire of the developer. Supervisor Fisher stated this application had been going on for a long time and he commended the applicant and the citizens for working together. Upon a motion by Supervisor Fisher, seconded by Supcrvisor Dove, the Board approved Rezoning Application #09-06, Tasker Woods. Supervisor DeHaven stated this was an excellent example of working together. He went on Minute Book Number 32 Board of Supervisors Regular Meeting of 09/27/06 122 to say that the divided segment of Macedonia Church Road has been part ofthe long range plan for 14 years and when the time comes, "we don't need to have discussions regarding four-three-two lanes." Supervisor Van Osten stated that she could not support this application based on transportation issues. 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 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 AND AUGUST 23, 2006 BOARD MEETINGS.) - DENIED Planning Technician Kevin Henry appeared before the Board regarding this item. He advised that no changes had taken place since the Board last saw this application. He reminded the Board that this was a request for an off-premise business sign of 50 square feet and no more than 10 feet in height. He stated that Mr. Boyce had been informed that he needed to apply for a conditional use permit for his proposed business sign, but has yet to do so. Planning Technician Henry then reviewed the proposed conditions for this application: 1. The sign shall be a monument-style sign, 50 square feet in area and no more than ten feet in height. 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. William Broy, applicant, appeared before the Board on behalf of this application. He stated that he had called the business owners in thc business park and there was intcrest using the sign. Minute Buuk Number 32 Board ofSupervisurs Regular Meeting of 09/27/06 123 Supervisor Fisher asked Mr. Broy ifthere was any requests that he would like to make to the Board regarding this item. Mr. Broy responded that he would abide by whatever the Board decided. Upon a motion by Supervisor Fisher, seconded by Supervisor Dove, the Board denied Conditional Use Permit #10-05. 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 #09-06 OF WAKELAND PROPERTIES - APPROVED Planner II Candice Perkins appeared before the Board regarding this item. She advised this was a master development plan for 7 acres of land zoned B2 (General Business) District for proposed commercial land uses. The site will be accessed by one entrance on Route 522. The applicant is requesting a waiver per Section 165-37D(3), which allows the Board of Supervisors to grant a waiver to reduce the required 50-foot buffer distance between land in the B2 (Business General) District and the RA (Rural Areas) District. Planner II Perkins advised that the applicant owns the adjacent property. She went on to say that the Planning Commission recommended approval of the Master Development Plan and the Waiver request. She concluded by saying the plan meets the requirements of the zoning ordinance, with the exception of the waiver. Supervisor Fisher asked if the buffer went along other properties. Planner II Perkins responded no. Upon a motion by Supervisor Fisher, seconded by Supervisor DeHaven, the Board approved the waiver ofthe distance buffer on the south side against parcel 64-A-28, per Section 165-37D of the Zoning Ordinance. 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 Minute Book Number 32 Board of Supervisors Regular Meeting uf09/27/06 \24 Philip A. Lemieux Aye Barbara E. Van Osten Aye Upon a motion by Supervisor Fisher, seconded by Supervisor DeHaven, the Board authorized staff to administratively approve Master Development Plan #09-06. 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 SUBDIVISION REQUEST #12-06 OF STEPHENS CITY STORAGE. LLC - APPROVED UNDER THE CONSENT AGENDA This item was a request to subdivide a 4.69 acre parcel into two parcels consisting of 0.7464 acres and 3.867 acres each zoncd B2 (Business General). This request was approved under the consent agenda. ROAD RESOLUTION (#019-06) - SHAWNEE VILLAGE - APPROVED UNDER THE CONSENT AGENDA WHEREAS, the streets described on the attached Additions Form AM-4.3, fully incorporated herein by reference are shown on the plats recorded in the Clerk's Office of the Circuit Court of Frederick County; and WHEREAS, the Resident Engineer of the Virginia Department of Transportation has advised this Board that the streets meet the requirements established by the Subdivision Street Requirements of the Virginia Department of Transportation; and WHEREAS, thc County and the Virginia Department of Transportation have entered into an agreement on June 9, 1993, for comprehensive stormwater detention which applies to this request for addition; and NOW, THEREFORE, BE IT RESOLVED, this Board requests the Virginia Department of Transportation to add the streets described in the attached Additions Form AM-4.3 to the secondary system of state highways, pursuant to 33.1-229, Code of Virginia, and the Department's Subdivision Street Requirements; and BE IT FURTHER RESOLVED, this Board guarantees a clear and unrestricted right-of- way, as described, and any necessary easements for cuts, fills, and drainage; and BE IT FURTHER RESOLVED, that a certified copy ofthis resolution be forwarded to the Resident Engineer for the Virginia Department of Transportation. This item was approved under the consent agenda. BOARD LIAISON REPORTS Supervisor Van Osten reported that the air toxics monitoring study has been completed. The Minute Book Number 32 Board 01" Snpervisors Regular Meeting 01" 09/27/06 125 results will not be made public until the Environmental Protection Agency approves them. CITIZEN COMMENTS There were no citizen comments. BOARD OF SUPERVISORS COMMENTS Supervisor Van Osten asked ifthe Board would set a worksession on the Rural Areas Study. Chairman Shickle stated that the Board needed to do something or stop pursuing the study. Supervisor DeHaven stated that this being the end of the ycar it would be a good time to bring this item to conclusion. Chairman Shickle asked that board members to make their own decision relative to this topic by the end ofthe year. Supervisor Dove stated the Board should have its own work session in order to get some direction on this rural areas proposal. Assistant Administrator Tierney stated that staff could put together a list of possible dates and forward them to the Board. Supervisor Fisher recommended that the Board have staff and the Comprehensive Plans and Programs Subcommittee prepare a text amendment to the Comprehensive Plan to amend the section pertaining to the Airport Support Zone. This change is being recommended in light of the modifications made to the Urban Development Area. Supervisor DeHaven agreed that was an issue the Board needed to address. Upon a motion by Supervisor Fisher, seconded by Supervisor DeHaven, the Board directed the Planning Commission to look at a text amendment to bring the text ofthe Airport Support Zone into compliance with the Board's action to change the Urban Development Area. 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 ADJOURN UPON A MOTION MADE BY VICE-CHAIRMAN EWING, SECONDED BY Minnte Book Number 32 Board of Supervisors Regular Meeting of 09/27/06 126 SUPERVISOR DOVE, THERE BEING NO FURTHER BUSINESS TO COME BEFORE THIS BOARD, THIS MEETING IS HEREBY ADJOURNED. (9:05 P.M.) , Jom:f1- Clerk, Board of Supervisors ~ c '3> c --D'~ Richard C. Shickle Chairman, Board of Supervisors Minutes Prepared By: (h 10 E- '-1J)n ~bs Deputy Clerk, Board of Supervisors Miuute Book Numher 32 Board of Supervisors Regular Meeting of 09/27106