March 14, 2007 Regular Meeting
318
A Regular Meeting of the Frederick County Board of Supervisors was held on Wednesday,
March 14,2007, 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 Gene E. Fisher; Charles S. DeHaven, Jr.; Gary
W. Dove; Bill M. Ewing; Philip A. Lemieux; and Barbara E. Van Osten.
CALL TO ORDER
Chairman Shickle called the meeting to order.
INVOCA TION
Reverend Bobby Alger, Crossroads Community Church, delivered the invocation.
PLEDGE OF ALLEGIANCE
Vice-Chairman Fisher led the Pledge of Allegiance.
Chairman Shickle took a moment to recognize the members of Cub Scout Pack 62,
Greenwood Fire Hall, who were in attendance as part oftheir communication's badge requirements.
ADOPTION OF AGENDA - APPROVED AS AMENDED
County Administrator John R. Riley, Jr. added the minutes from the March 8, 2007 budget
worksession to the agenda for approval.
Upon a motion by Supervisor Dove, seconded by Supervisor Ewing, the Board approved the
agenda as amended.
The above motion was approved by the following recorded vote:
Richard C. Shickle Aye
Gene E. Fisher Aye
Charles S. DeHaven, Jr. Aye
Gary W. Dove Aye
Bill M. Ewing Aye
Philip A. Lemieux Aye
Barbara E. Van Osten Aye
CONSENT AGENDA - APPROVED
Administrator Riley offered the following items for the Board's consideration under the
consent agenda:
Proclamation Re: Designate April 13-21, 2007 as disAbility Awareness Week - Tab D;
Proclamation Re: Designate April 19-22, 2007 as KOVAR Weekend (The Knights of
Virginia Assistance for the Retarded) - Tab E;
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319
Proclamation Re: Designate April 8-14, 2007 as National Telecommunicator's Week-
TabF;
Public Works Committee Report - Tab H;
Transportation Committee Report - Tab J.
Upon a motion by Supervisor DeHaven, seconded by Supervisor Dove, the Board approved
the consent agenda by the following recorded vote:
Richard C. Shickle Aye
Gene E. Fisher Aye
Charles S. DeHaven, Jr. Aye
Gary W. Dove Aye
Bill M. Ewing Aye
Philip A. Lemieux Aye
Barbara E. Van Osten Aye
CITIZEN COMMENTS
There were no citizen comments.
BOARD OF SUPERVISORS COMMENTS
Supervisor Van Osten requested clarification ofthe standards the Board follows regarding
votes. She specifically wanted to know when it was appropriate to have a roll call, voice, or
consensus vote.
Chairman Shickle advised that he would meet with the chairmen of each committee to set
a procedure.
MINUTES-APPROVED
Upon a motion by Supervisor Dove, seconded by Supervisor Fisher, the Board approved the
minutes from the February 14,2007 meeting with a correction to page 19.
The above motion was approved by the following recorded vote:
Richard C. Shickle Aye
Gene E. Fisher Aye
Charles S. DeHaven, Jr. Aye
Gary W. Dove Aye
Bill M. Ewing Aye
Philip A. Lemieux Aye
Barbara E. Van Osten Aye
Upon a motion by Supervisor Dove, seconded by Supervisor Fisher, the Board approved the
minutes from the February 20, 2007 meeting.
The above motion was approved by the following recorded vote:
Richard C. Shickle
Aye
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Gene E. Fisher Aye
Charles S. DeHaven, Jr. Aye
Gary W. Dove Aye
Bill M. Ewing Aye
Philip A. Lemieux Aye
Barbara E. Van Osten Aye
Upon a motion by Supervisor Dove, seconded by Supervisor Fisher, the Board approved the
minutes from the February 28, 2007 meeting.
The above motion was approved by the following recorded vote:
Richard C. Shickle Aye
Gene E. Fisher Aye
Charlcs S. DeHaven, Jr. Aye
Gary W. Dove Aye
Bill M. Ewing Aye
Philip A. Lemieux Aye
Barbara E. Van Osten Aye
Upon a motion by Supervisor Dove, seconded by Supervisor Fisher, the Board approved the
minutes from the March 8, 2007 worksession.
The above motion was approvcd by the following recorded vote:
Richard C. Shickle Aye
Gene E. Fisher Aye
Charles S. DeHaven, Jr. Aye
Gary W. Dove Aye
Bill M. Ewing Aye
Philip A. Lemieux Aye
Barbara E. Van Osten Aye
COUNTY OFFICIALS
RESOLUTION (#053-07) IN MEMORIAM OF LT. COL. WILLIAM S. ZIRKLE.
SCHOOL BOARD MEMBER. FREDERICK COUNTY, VIRGINIA - APPROVED
Upon a motion by Supervisor Ewing, seconded by Supervisor Van Osten, the Board
approved a resolution in memoriam of Lt. Co!. William S. Zirkle:
WHEREAS, Lt. Co!. William S. Zirkle served the citizens of Frederick County, Virginia,
for eight (8) years as a member ofthe Frederick County School Board, said tenure being 1979-1987;
and
WHEREAS, Mr. Zirkle served as the Gainesboro District representative to the School
Board; and
WHEREAS, during his service, Mr. Zirkle served as Vice-Chairman of the School Board;
and
WHEREAS, Mr. Zirkle will be remembered as a man who possessed the highest devotion
to duty and represented the citizens and the County with dignity, dedication, and wisdom.
NOW, THEREFORE, BE IT RESOLVED, that the Frederick County Board of
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Supervisors extends its deepest sympathy to the family ofLt. Co!. William S. Zirkle, a conscientious
and respected public servant.
BE IT FURTHER RESOLVED, that this resolution be spread across the minutes of the
Frederick County Board of Supervisors for all citizens to reflect upon the accomplishments of this
veteran/citizen legislator and that a true copy of this resolution be presented to his family.
ADOPTED this l4th day of March, 2007.
The above motion was approved by the following recorded vote:
Richard C. Shickle Aye
Gene E. Fisher Aye
Charles S. DeHaven, Jr. Aye
Gary W. Dove Aye
Bill M. Ewing Aye
Philip A. Lemieux Aye
Barbara E. Van Osten Aye
COMMITTEE APPOINTMENTS
REAPPOINTMENT OF JOHN V, STEVENS TO THE FREDERICK COUNTY
SANITATION AUTHORITY - APPROVED
Upon a motion by Supervisor Fisher, seconded by Supervisor Van Osten, the Board
reappointed John V. Stevens to the Frederick County Sanitation Authority. This is a four year
appointment, said term to expire April 15, 2011.
The above motion was approved by the following recorded vote:
Richard C. Shickle Aye
Gene E. Fisher Aye
Charles S. DeHaven, Jr. Aye
Gary W. Dove Aye
Bill M. Ewing Aye
Philip A. Lemieux Aye
Barbara E. Van Osten Aye
PROCLAMATION (#004-07) RE: DESIGNATE APRIL 13-21. 2007 AS disABILITY
AWARENESS WEEK - APPROVED UNDER CONSENT AGENDA
WHEREAS, the United States Congress enacted the Americans with Disabilities Act in
1990, prohibiting discrimination against people with disabilities in employment, public
accommodations, transportation and telecommunications; and
WHEREAS, the Commonwealth of Virginia enacted the Virginians with Disabilities Act
in 1985 to assure equal opportunity to persons with disabilities in the Commonwealth and it is the
policy ofthis Commonwealth to encourage and enable persons with disabilities to participate fully
and equally in the social and economic life of the Commonwealth and to engage in remunerative
employment; and
WHEREAS, people with disabilities often overcome common misunderstandings about their
circumstances and make valuable contributions to their families and communities; and
WHEREAS, disability is a natural part of the human experience, and individuals with
disabilities deserve the same rights as their peers to live independently, enjoy self determination,
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make choices, contribute to society and participate fully in the American experience; and
WHEREAS, family, friends and neighbors playa central role in enhancing the lives of
people with disabilities, and people with disabilities benefit from having a network of supportive
friends and family, accommodating employers and community leaders who are aware of the needs
and abilities of Virginians with disabilities; and
WHEREAS, millions of people in the United States have disabilities, and with the
increasing age of our population, Virginians and Americans must learn more about the special needs
and abilities of this growing population; and
WHEREAS, agencies and organizations throughout Virginia participate in disability
awareness programs during disAbility Awareness Week to enhance public understanding of and
appreciation for the limitations and abilities of people living with disabilities.
NOW, THEREFORE, BE IT RESOLVED, the Frederick County Board of Supervisors
does hereby proclaim the week of April 13-21,2007 as disABILITY Awareness Week and calls this
observance to the attention of all our citizens, and urge all residents to honor this occasion.
ADOPTED this 14th day of March, 2007.
This item was approved under the consent agenda.
PROCLAMATION (#005-07) RE: DESIGNATE APRIL 19-22. 2007 AS KOVAR
WEEKEND (THE KNIGHTS OF VIRGINIA ASSISTANCE FOR THE RETARDED)
- APPROVED UNDER CONSENT AGENDA
WHEREAS, some of our most valued citizens, our retarded brothers and sisters, are in need
of help from thcir fellow citizens; and
WHEREAS, the 20,000 Knights of Columbus in Virginia, in their charitable and patriotic
role as sponsors of KOVAR (The Knights of Virginia Assistance for the Retarded) have donated
more than $10,000,000 since 1972 for allocation to 295 ongoing organizations effectively assisting
the retarded; and
WHEREAS, the efforts of the Winchester Council, Knights of Columbus have resulted in
more than $518,000 in grants and interest free loans to the Northwestern Workshop, Grafton
School, Robert E. Rose Memorial Foundation, Shenandoah Valley Community Residence, Heart
Havens' Home and the Association for Retarded Citizens ofWinchesterlFrederick County; and
WHEREAS, in last years KOVAR Weekend, Virginia Knights and their families raised over
$560,223.
NOW, THEREFORE, BE IT RESOLVED, the Frederick County Board of Supervisors
does hereby proclaim April 19 - April 22, 2007 as KOVAR WEEKEND in Frederick County and
urge all citizens of the county to support this worthy cause.
ADOPTED this 14th day of March, 2007.
This item was approved under the consent agenda.
PROCLAMATION (#006-07) RE: DESIGNATE APRIL 8-14. 2007 AS NATIONAL
TELECOMMUNICATOR'S WEEK - APPROVED UNDER CONSENT AGENDA
WHEREAS, emergencies can occur at anytime that require police, fire or emergency
medical services; and
WHEREAS, when an emergency occurs, the prompt response of police officers, firefighters
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and paramedics is critical to the protection of life and preservation of property; and
WHEREAS, the safety of our police officers and firefighters is dependent upon the quality
and accuracy of information obtained from citizens who telephone the Frederick County Department
of Public Safety Communications Center; and
WHEREAS, Public Safety Dispatchers are the first and most critical contact our citizens
have with emergency services; and
WHEREAS, Public Safety Dispatchers are the single vital link for our police officers and
firefighters by monitoring their activities by radio, providing them information and ensuring their
safety; and
WHEREAS, Public Safety Dispatchers of Frederick County, Virginia have contributed
substantially to the apprehension of criminals, suppression of fires and treatment of patients; and
WHEREAS, each dispatcher has exhibited compassion, understanding and professionalism
during the performance of their job in the past year.
NOW, THEREFORE BE IT RESOLVED, that the Board of Supervisors of Frederick
County, Virginia does hereby proclaim the week of April 8-14, 2007 to be National
Telecommunicator's Week in Frederick County, in honor of the men and women whose diligence
and professionalism keep our county and citizens safe.
ADOPTED this 14th day of March, 2007.
This item was approved under the consent agenda.
RESOLUTION (#054-07) APPROVING AMENDED DEED OF LEASE BETWEEN
THE COUNTY OF FREDERICK AND THE DEPARTMENT OF MILITARY
AFFAIRS FOR THE NATIONAL GUARD ARMORY SITE - APPROVED
Administrator Riley advised the revised lease was very similar to the one previously
authorized by the Board. The biggest change was the removal of the recreational component from
the Deed of Lease, as the Department of Military Affairs stated that such a provision is normally
addressed in a Memorandum of Agreement.
Upon a motion by Supervisor DeHaven, seconded by Supervisor Lemieux, the Board
approved the resolution approving the amended deed of lease:
WHEREAS, the Board of Supervisors of the County of Frederick, Virginia, met on March
14, 2007; and
WHEREAS, the Board of Supervisors considered a Deed of Lease between the County of
Frederick, Virginia, and the Commonwealth of Virginia Department of Military Affairs regarding
property fo a new National Guard Armory.
NOW, THEREFORE BE IT RESOLVED, that the Board of Supervisors of the County
of Frederick, Virginia, unanimously approves the Deed of Lease between the County and the
Commonwealth of Virginia Department of Military Affairs for a 10.13 acre parcel for the new
National Guard Armory to be located in Frederick County, Virginia.
BE IT FURTHER RESOLVED, that the County Administrator is authorized to execute
same on behalf of the County.
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APPROVED this 14'h day of March, 2007.
The above motion was approved by the following recorded vote:
Richard C. Shickle Aye
Gene E. Fisher Aye
Charles S. DeHaven, Jr. Aye
Gary W. Dove Aye
Bill M. Ewing Aye
Philip A. Lemieux Aye
Barbara E. Van Osten Aye
COMMITTEE REPORTS
PUBLIC WORKS COMMITTEE REPORT - APPROVED UNDER CONSENT
AGENDA
The Public Works Committee met on Tuesday, February 27,2007 at 8:00 a.m. All member
were present except Jim Wilson. The following items were discussed:
***Items Not Requiring Action***
1. Greenwood Convenience Site
The Greenwood Convenience site had been slated for closure on or about April 1, 2007, as
a result ofa previous request from the Greenwood Fire Hall to terminate the current lease agreement.
However, as a result of public demand, the Greenwood Volunteer Fire and Rescue Company, Inc.,
in a letter dated February 8, 2007 (Attachment # I), has requested that the site remain open to serve
the local community. Because the site had been slated for closure in this fiscal year, the costs
associated with the operation of the site had not been included in the proposed Fiscal Year 07108
Budget. Therefore, it was necessary to prepare a supplemental budget to augment the refuse and
collection budget. The attached memorandum dated February 15,2007 outlines the costs which total
$98, I 04.00.
After discussing the issue at length, a motion was made by George Ludwig and seconded by
Phil Lemieux to approve the supplemental Fiscal Year 07108 budget request of $98, 1 04.00, notify
the public about alternative means of collection and disposal such as private haulers and the new
landfill convenience site and to work with Virginia Department of Transportation (VDOT) to
improve the sight distance at the intersection at Sulphur Springs Road and Greenwood Road. The
motion was unanimously approved by the committee. It should be noted the supplemental budget
request does not include the cost of leasing or purchasing the existing Greenwood site.
2. Proposed Revisions to Erosion and Sediment Control Ordinance
The attached memorandum (Attachment #2) from Joe C. Wilder, Deputy Director of Public
Works, dated February 21,2007, highl ights proposed revisions to the Frederick County Erosion and
Sediment Control Ordinance - Chapter 79. The committee recommended that a subcommittee be
formed to review the revisions in detail and report to the full committee with recommendations. The
following personnel will serve on the committee: Phil Lemieux, Joe Wilder, Mark Cheran, Zoning
Administrator, and Ivan Snapp, representing the Top of Virginia.
3. Revised Site Develonment Guarantee Estimate
In addition to the revisions to the ordinance, staff is recommending changes to the site
development guarantee estimate (Attachment #3) which is used to establish bonding for Land
Disturbance Permits. The committee recommended that this revised estimate form be referred to
the subcommittee reviewing the revisions to the E & S ordinance.
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4. Undate on Phase II, Stormwater Permits
The Frederick County Public Works Department received a letter from DCR (Attachment
#4) indicating that Frederick County currently does not qualify for Phase II stormwater permitting.
Because Frederick County does not own, operate, or maintain drainage systems, we are not required
to obtain a Phase II permit. However, in the future, if Frederick County assumes ownership or
maintenance responsibilities for storm drainage systems within the urban development area, we will
be required to obtain a Phase II permit.
5. Discuss Utilities at the New Animal Shelter
The Director of Public Works presented preliminary data related to the utility bills at the new
animal shelter. During the month of January 2007, we generated an electric bill and gas bills equal
to $1,575.00 and $3,750.00, respectively. We considered these bills to be uncharacteristic for a
facility of this size (13,000 square feet). Mr. Whit Wagner volunteered to work with the staff to
evaluate the systems and strive to improve efficiency, thereby lowering utility costs. The staffplans
to make this a priority item and will continue to carefully monitor the utility usage over the next six
months. A supplemental appropriation may be required to cover the costs in this line item.
6. IlIe~al Off Premise Silm and Litter Removal
As a result of the direction from the Board of Supervisors, our staff has been assisting the
Planning Department in their efforts to curb the proliferation of illegal off premise signs littering the
county's roadways. The attached memorandum (Attachment #5) summarizes these efforts. The
staff indicated that several national builders are continuing their efforts to post advertising signs
within VDOT's right-of-ways. The committee encouraged staff to take whatever action was
necessary to eliminate the proliferation of illegal off-premise signs.
7. Convenience Site Openin~'s on Wednesdays
Mr. Gary Dove requested that consideration be given to opening the convenience sites seven
day a week. Excluding the landfill, all county sites are closed on Wednesdays to facilitate
maintenance. In anticipation of this request, statIprepared an estimate of costs required to operate
sites on Wednesday. The attached memorandum (Attachment #6) dated February 22, 2007, outlines
the costs and highlights the pros and cons of Wednesday operational hours. After discussing the
advantages and disadvantages of Wednesday hours, the majority ofthe committee voted to keep the
sites closed. Mr. Dove was the only dissenting vote.
8. Miscellaneous Reports:
(a) Tonnage Report: Landfill
(Attachment 7)
(b) Recycling Report
(Attachment 8)
(c) Animal Shelter Dog Report
(Attachment 9)
(d) Animal Shelter Cat Report
(Attachment 10)
PUBLIC SAFETY COMMITTEE REPORT - APPROVED
A meeting of the Public Safety Committee was held on Wednesday, February 20, 2007.
Committee members present were: Committee Chair Barbara Van Osten, Gary Dove, John Riley,
Gene Fisher, Fire & Rescue Association President Mike Cline, Fire & Rescue Director Gary
DuBrueler, Carolyn Glaize, and Michael Hockman. Also in attendance were Public Safety
Communications Director LeeAnna Pyles, Willie Dembeck, Frederick County EMS Council,
Christina Franchok, Frederick County Fire & Rescue Volunteer Coordinator, and former Fire &
Rescue Association President Hans Nydam. The following items were discussed:
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***Items Requiring Action***
1. EMS Fee for Service
Committee members were given a copy of the Final Report, Frederick County, V A, EMS Fee
for Service Facilitation to review. John Riley stated the County has been looking at alternative ways
to fund the increasing demand for EMS service in Frederick County. The Board previously
authorized the employment of Springsted and Associates to facilitate some discussion and do
research on the fee for service program. A representative from each Fire & Rescue company, staff,
and supporting Board members attended a series of meetings to discuss how the service would be
implemented. The question of the allocation of revenues between the County and Fires & Rescue
companies remains. Barbara Van Osten felt the meetings were productive.
Carolyn Glaize stated the report does not mention whether the surrounding areas, which have
implemented this fee, had any repercussions on donations for fire companies. Michael Hockman
stated the areas to the East and West of the County, which have implemented the fee, have not lost
Community donations; however, their biggest problems were collections. John Riley stated ifthe
Committee recommends that we move further, we have the City of Winchester's year of experience
to judge from for more research into soft billing, collections, and distribution.
Michael Cline's concerns were that there is a lot of research on earnings, but who is paying
the fees. Gary Dove stated the insurance companies have this coverage in their policies. Unless
implemented, Frederick County residents will be paying for rate increases and not getting the
benefit. If the City runs a mutual aid call within the County, the citizen is being charged this fee.
Barbara Van Osten stated that fee for servicc has been an issue for some time now. She felt
the report was done in a professional manner and was not directed toward a specific outcome, but
look at how funds will be distributed.
Former President of the Fire & Rescue Association, Hans Nydam, read a statement of his
concerns regarding thc EMS Fee for Service. He made reference to this being brought before the
Fire & Rescue Association and the Public Safety Committee in past years and being voted down.
The areas of concern mentioned were:
Collection and distribution of fees.
Loss of donations to the Companies.
Loss of volunteers
Impact of fees on elderly
As well as other noted subjects.
Mr. Riley stated we would keep Mr. Nydam informed of any further action..
Gary Dove asked what options the Board has at this time. He stated that ifthe Board moves
forward they will have to study all costs involved, collection, and distribution offunds, and a public
hearing will have to be held. All revenues will go to the General Fund and then be distributed.
Gene Fisher made a motion to forward the Fee for Service to the Board for further studv. and
was seconded bv Michael Hockman. all members unanimouslv approved. This is not a
recommendation to approve or disapprove.
Upon a motion by Supervisor Van Osten, seconded by Supervisor Fisher, the Board voted
to further study the Fee for Service proposal.
The above motion was approved by the following recorded vote:
Richard C. Shickle
Gene E. Fisher
Aye
Aye
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327
Charles S. DeHaven, Jr. Aye
Gary W. Dove Aye
Bill M. Ewing Aye
Philip A. Lemieux Aye
Barbara E. Van Osten Aye
The Board consensus was for the Board representatives to the Public Safety Committee to
form an ad hoc committee to further study the Fee for Service proposal and make a recommendation
to the Board.
2. Hazard Mitit!ation Plan
The Hazard Mitigation Act of2000 requires states to have a mitigation plan in place in order
to receive federal funds in case of a disaster. The plan helps local governments determine their risks
and vulnerabilities, and to identify projects to reduce these risks. Frederick County worked with
Dewberry Consultants and the Planning District to create a regional plan, which includes all areas
within the Planning District. The following is used to rank each jurisdiction for preparedness
planning.
Hazard Identification and Risk Assessment
· Identification of hazards that could affect the Northern Shenandoah Valley
· Profile of hazard events and determination of what areas and community assets are the
most vulnerable to damage from these hazards
· Estimate of losses and prioritization of potential risks to the community.
Capability Assessment
Evaluates the current capacity of the communities of the Northern Shenandoah Valley to mitigate
the effects of the natural hazards identified in the Hazard Identification and Risk Assessment.
Mitigation Strategy
*
Community Awareness
· Encourage leadership within public and private sector organizations to prioritize and
implement local, county, and regional hazard mitigation activities as a public value.
· Establish cooperative relationships between the public, private, and non-profit
sectors to enhance our preparedness, response, recovery, and mitigation for hazard
events.
· Support pre-disaster mitigation and remedial efforts, should damage from a natural
hazard event occur.
· Introduce hazard awareness and risk reduction principles into the community's daily
activities, processes, and functions.
· Develop and implement education and outreach programs to increase public
awareness of the risks associated with natural and man made hazards.
· T mprove community education and communication as they relate to disasters.
· Local Capacity
· Assess the extent of our vulnerability to natural and man-made environmental
hazards.
· Enhance the capabilities oflocal governmentto lessen the impacts offuture disasters.
· Improve hazard assessment information to make recommendations to discourage
new development and encourage preventative measures for existing development in
areas vulnerable to natural and man-made hazards.
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328
· Leverage additional federal, non-federal, and state resources in meeting natural
disaster resistance goals.
. Encourage scientific study of natural and man-made hazards and the development
of data to support mitigation strategies for those hazards that are a threat to the
region and localities within.
· Property Protection
. Minimize the impact of natural and man-made hazards on property with the region
and localities within and promote future disaster resistant development.
· Protect new and existing public and private infrastructure and facilities from the
effects of natural and man-made hazards.
· Reduce damage to personal and public property, including critical facilities.
· Identify and protect critical services, building, facilities, and infrastructure at risk to
natural and man-made hazards and undertake cost-effective mitigation measures.
· Public Safety
· Enhance the safety of residents and businesses by protecting new and existing
devclopment from the effects of natural and man-made hazards through efficient
policies and procedures.
· Ensure public health and safety within the region and localities within before, during,
and following hazardous events.
· Protect the citizens to the best of our abilities from natural and man-made
environmental hazards to reduce the loss oflife and personal injury.
· Create coordinated regional emergency response criteria to establish services through
the use of federal, state, regional, and local resources utilizing a regional
reciprocating agreement.
This plan symbolizes the continued commitment and dedication ofthe Northern Shenandoah
Valley's local governments and community members to enhancing the safety of residents and
businesses by taking actions before a disaster strikes. Although nothing can be done to prevent
natural hazard events from occurring, the region is now poised to minimize the disruption and
devastation that so often accompanies these disasters.
Dewberry used a checklist to rank each jurisdiction, Frederick County ranked high for having
numerous plans in effect. This does not make us eligible for more funding. Consultant information
was based on past incidents and historical data. Gary DuBrueler has provided the Committee with
a copy of this report.
All jurisdictions and localities must have a public hearing with public input, and then adopt
a resolution to be provided to the Federal Government in order to complete the process. Preliminary
acceptance has been received at this time. The last step in finalizing the plan is to have each
jurisdiction and locality adopt the plan.
Gary Dove made a motion for the consideration of resolution approvaL and public hearing.
for the Northern Shenandoah Vallev Multi-Jurisdictional Hazard Mitigation Plan and was seconded
bv Carolvn Glaize. all members unanimouslv approved.
Upon a motion by Supervisor Van Osten, seconded by Supervisor DeHaven, the Board sent
the Hazard Mitigation Plan forward for public hearing.
The above motion was approved by the following recorded vote:
Richard C. Shickle Aye
Gene E. Fisher Aye
Charles S. DeHaven, Jr. Aye
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329
Gary W. Dove Aye
Bill M. Ewing Aye
Philip A. Lemieux Aye
Barbara E. Van Osten Aye
Old Business:
No items were discussed at this time.
Meetine Date:
The next Public Safety Committee meeting will be scheduled as needed.
TRANSPORTATION COMMITTEE REPORT - APPROVED UNDER CONSENT
AGENDA
The Transportation Committee met on Monday, February 26,2007 at 8:30 a.ill.
Members Present
Chuck DeHaven (voting)
Phil Lemieux (voting)
James Racey (voting)
Lewis Boyer (liaison)
Members Absent
Donald Breeden (liaison)
Mike Smith (voting)
George Kriz (liaison)
***Items Requiring Action***
None
***Items Not Requiring Action***
1. Rural Roadways Rankin!!: System
Staff implemented and presented the changes requested by the Committee at their meeting on
January 29, 2007. The Committee asked that staff prepare red line versions of the project scoring
sheet and policy document to bring back to the Committee at their March 26,2007 meeting for final
revIew.
2. Transportation. Community. and System Preservation (TCSP) Pro!!:ram Grants
Staff presented three grant projects totaling $2.5 million for recommendation of endorsement by the
Committee. They were as follows:
A. Tevis Street Extension
B. Scnseny Road
C. Fox Drive intersection with Route 522
These are all projects from the Secondary Road Improvement Plan for which funding has not yet
been secured.
Staff also sought a recommendation from the Secondary Road Improvement Plan for which funding
has not yet been secured.
Motion: Mr. Lemieux, seconded by Mr. Racey
To recommend Board of Supervisors endorsement ofthc grant projects.
Motion passed unanimously.
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3. Metropolitan Plannine: Or!!anization (MPO) Activity Update
I. Bicycle & Pedestrian Mobility Plan
No additional meetings have taken place or been scheduled.
2. Local Assistance Projects
The Subcommittee in charge of these projects, which includes Supervisors and
Transportation Committee Chairman Chuck DeHaven and Transportation Planner John
Bishop, has held the kickoff meeting for the Route 37 interchange study and the Route
II access management study. Staff is now working to compile data required by the
consultant for the studies.
3. Multimodal Corridor Studies
The MPO policy committee has not yet acted upon these applications, but is expected
to do so at their meeting on February 21, 2007.
4. Transportation, Community, and System Preservation (TCSP) Program Grants
As mentioned in an earlier agenda item, the MPO is going to be making applications for
this federal program for Eastern Route 37 environmental and preliminary engineering
work.
5. Staffing
Staff has recently learned that the Executive Director (Mr. Stephen Kerr) ofthe Northern
Shenandoah Valley Regional Commission is resigning effective March 2nd. Mr. Kerr
acts as primary staff person for our MPO activities. County staff is sure that, though
locality staff may need to take an increased role in managing ongoing efforts listed
above, they will not be allowed to fall behind.
This item is for information and discussion. No action is required.
4. Article Distribution
Staff regularly disseminates transportation related items from state and nationwide outlets
to the Committee for informational purposes.
5. Other Business
In other business, the Committee directed staff to work with VDOT to bring forth a
recommendation for improvements to Welltown Rd where it intersects with Route 11.
PUBLIC HEARING
PUBLIC HEARING - OUTDOOR FESTIVAL PERMIT REQUEST OF BELLE
GROVE PLANT A TION -"OF ALE AND HISTORY" MICRQBREW AND
IMPORTED BEER TASTING FESTIVAL. PURSUANT TO THE FREDERICK
COUNTY CODE. CHAPTER 86. FESTIVALS: SECTION 86-3 C. PERMIT
REQUIRED: APPLICATION: ISSUANCE OR DENIAL: FOR AN OUTDOOR
FESTIVAL PERMIT. FESTIVAL TO BE HELD ON SATURDAY. MAY 12. 2007.
FROM 12:00 NOON TO 6:00 P.M.: ON GROUNDS OF BELLE GROVE
PLANTATION. 226 BELLE GROVE ROAD. MIDDLETOWN. VIRGINIA.
PROPERTY OWNED BY THE NATIONAL TRUST FOR HISTORIC
PRESERVATION. - APPROVED
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331
Administrator Riley advised this was a request from Belle Grove Plantation for the "Of Ale
and History" event to be held on the grounds of Belle Grove on May 12,2007 from 12:00 p.m. to
6:00 p.m. He stated that all of the items have been addressed by the applicant.
Chairman Shick Ie convened the public hearing.
Elizabeth McClung, Executive Dircctor of Belle Grove, stated this was the 12th annual event
and requested approval ofthe application.
There being no further public conunents, Chairman Shickle closed the public hearing.
Upon a motion by Supervisor Van Osten, secondcd by Supervisor DeHaven, the Board
approved the Outdoor Festival permit for Belle Grove "Of Ale and History".
Thc above motion was approved by the following recorded vote:
Richard C. Shickle Aye
Gcne E. Fisher Aye
Charles S. DeHaven, Jr. Aye
Gary W. Dove Aye
Bill M. Ewing Aye
Philip A. Lemieux Aye
Barbara E. Van Osten Aye
PUBLIC HEARING - TAX EXEMPT STATUS REOUEST FROM THE NATURE
CONSERVANCY. A NON-PROFIT VIRGINIA ORGANIZATION. TO BE
DESIGNATED AS A CHARITABLE AND BENEVOLENT ORGANIZATION
WITHIN THE CONTEXT OF ~6(a) (6) OF ARTICLE X OF THE CONSTITUTION
OF VIRGINIA. THE PROPERTY SUBJECT TO THE REOUEST HAS A 2006
ASSESSED REAL ESTATE VALUE OF $757.500.00 AND WAS TAXED $3.976.88-
(RESOLUTION #050-07) - APPROVED
Administrator Riley advised this was a request by the Nature Conservancy for the Board to
consider a tax exempt resolution. The exemption would cover 11 parcels totaling 110 acres located
on Rector's Lanc in the Back Creek District. The applicant has met all of the requirements. The
amount of exemption is $757,500 and taxes of $3,976.88 with no land use.
Chairman Shickle convened the public hearing.
There were no public comments.
Chairman Shickle closed the public hearing.
Upon a motion by Supervisor Van Osten, seconded Supervisor Fishcr, the Board approved
the tax exempt request.
WHEREAS, The Nature Conservancy, a non-profit organization, has requested the Board
of Supervisors of the County of Frederick, Virginia, to grant its request for a tax exemption pursuant
to Article X !j6(a) (6) ofthe Constitution of Virginia for certain property owned by said organization
in the County of Frederick; and
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Board of Supervisors Regular Meeting of 03/14/07
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WHEREAS, the property is comprised of 11 parcels totaling 110 acres and is located on
Rectors Lane, North of Middletown, Virginia, in the Back Creek Magisterial District (Property ID
Numbers 83-2-1; 83-2-2; 83-3-3; 83-2-4; 83-2-5; 83-A-61; 83-A-61C; 83-A-6ID; 83-A-61E; 83-A-
6lF; and 83-A-61G). The property has a 2006 assessed value of $757,500.00 and was taxed
$3,976.88 in county real estate taxes; and
WHEREAS, the Board of Supervisors examined and considered the provisions of Section
58.1-3651 (B) of the Code of Virginia.
NOW, THEREFORE, BE IT RESOLVED, that the Board of Supervisors of the County
of Frederick, Virginia, hereby supports, pursuant to Article X, 96 (a) (6) of the Constitution of
Virginia, to provide:
1. That The Nature Conservancy is classified and designated as a charitable and benevolent
organization pursuant to the Code of Virginia, Section 58.1-3651 (A); and
2. That property owned by The Nature Conservancy and used by it exclusively for
charitable and benevolent purposes on a non-profit basis is determined to be exempt
from taxation, state and local, including inheritance taxes.
ADOPTED this 14th day of March 2007.
The above motion was approved by the following recorded vote:
Richard C. Shickle Aye
Gene E. Fisher Aye
Charles S. DeHaven, Jr. Aye
Gary W. Dove Aye
Bill M. Ewing Aye
Philip A. Lemieux Aye
Barbara E. Van Osten Aye
PUBLIC HEARING - PROPOSED SCHOOL BOND FINANCING BY THE COUNTY
OF FREDERICK. VIRGINIA. THE BOARD OF SUPERVISORS OF THE COUNTY
OF FREDERICK. VIRGINIA (THE "COUNTY") WILL HOLD A PUBLIC
HEARING IN ACCORDANCE WITH SECTION 15.2-2606 OF THE CODE OF
VIRGINIA. 1950. AS AMENDED. ON THE ISSUANCE OF GENERAL
OBLIGATION SCHOOL BONDS (THE "BOND") OF THE COUNTY IN THE
ESTIMATED MAXIMUM AMOUNT OF $4.580.000 TO FINANCE CERTAIN
CAPITAL PROJECTS FOR PUBLIC SCHOOL PURPOSES. A RESOLUTION
(#051-07) AUTHORIZING THE ISSUANCE OF THE BOND WILL BE
CONSIDERED BY THE BOARD OF SUPERVISORS AT THE MEETING ON
MARCH 14. 2007. - APPROVED
Administrator Riley advised this was a bond application in the amount of$4,580,000 for the
construction of the replacement Gainesboro Elementary School.
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 Ewing, the Board approved the
issuance of General Obligation School Bonds in the amount of $4,580,000.
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333
WHEREAS, the Board of Supervisors (the "Board") of the County of Frederick, Virginia
(the "County") has determined that it is necessary and expedient to borrow in an amount not to
exceed $4,580,000 and to issue its general obligation school bonds to finance certain capital projects
for school purposes.
WHEREAS, the Board held a public hearing on March 14,2007 on the issuance of the
bonds (as defined below) in accordance with the requirements of Section 15.2-2606, Code of
Virginia of 1950, as amended ("Virginia Code").
WHEREAS, the School Board of the County has requested, by resolution, the Board to
authorize the issuance of the Bonds and has consented to the issuance of the Bonds.
WHEREAS, the objective ofthe Virginia Public School Authority (the "VPSA") is to pay
the County a purchase price for the Bonds which, in VPSA's judgment, reflects the Bonds' market
value (the "VPSA Purchase Price Objective"), taking into consideration such factors as the
amortization schedule the County has requested for the Bonds, the amortization schedules requested
by other localities, the purchase price to be received by VPSA for its bonds and other market
conditions relating to the sale of VPSA's bonds.
WHEREAS, such factors may result in requiring the County to accept a discount, given the
VPSA Purchase Price Objective and market conditions, under which circumstance the proceeds from
the sale of the Bonds received by the County will be less than the amount set forth in paragraph I
below.
NOW, THEREFORE, BE IT RESOL VED BY THE BOARD OF SUPERVISORS OF
THE COUNTY OF FREDERICK, VIRGINIA:
1. Authorization of Bonds and Use of Proceeds. The Board hereby determines that it is
advisable to contract a debt and to issue and sell general obligation school bonds of the County in
the aggregate principal amount not to exceed $4,580,000 (the "Bonds") for the purpose of financing
certain capital projects for school purposes. The Board hereby authorizes the issuance and sale of
the Bonds in the form and upon the terms established pursuant to this Resolution.
2. Sale ofthe Bonds. It is determined to be in the best interest ofthe County to accept the
offer of VPSA to purchase from the County, and to sell to the VPSA, the Bonds at a price
determined by the VPSA and accepted by the Chairman of the Board or the County Administrator
and upon the terms established pursuant to this Resolution. The County Administrator and the
Chairman ofthe Board, or either ofthem, and such officer or officers ofthe County as either of them
may designate, are hereby authorized and directed to enter into the Bond Sale Agreement with the
VPSA providing for the sale of the Bonds to the VPSA in substantially the form on file with the
County Administrator, which form is hereby approved ("Bond Sale Agreement").
3. Details of the Bonds. The Bonds shall be issuable in fully registered form in
denominations of $5,000 and whole multiples thereof; shall be dated the date of issuance and
delivery of the Bonds; shall be designated "General Obligation School Bonds, Series 2007" (or such
other designation as the County Administrator may approve) shall bear interest from the date of
delivery thereof payable semi-annually on each January 15 and July 15 (each an "Interest Payment
Date"), beginning January 15,2008, at the rates established in accordance with paragraph 4 of this
Resolution; and shall mature on July 15 in the years (each a "Principal Payment Date") and in the
amounts established in accordance with paragraph 4 ofthis Resolution. The Interest Payment Dates
and the Principal Payment Dates are subject to change at the request of VPSA.
4. Principal Installments and Interest Rates. The County Administrator is hereby authorized
and directed to accept the interest rates on the Bonds established by the VPSA, provided that each
interest rate shall be no more than ten one-hundredths of one percent (0.10%) over the interest rate
to be paid by the VPSA for the corresponding principal payment date of the bonds to be issued by
the VPSA (the "VPSA Bonds"), a portion of the proceeds of which will be used to purchase the
Bonds, and provided further, that the true interest cost of the Bonds does not exceed six percent
Minute Book Number 32
Board of Supervisors Regular Meeting of 03/14/07
334
(6%) per annum. The County Administrator is further authorized and directed to accept the
aggregate principal amount ofthe Bonds and the amounts of principal ofthe Bonds coming due on
each Principal Payment Date ("Principal Installments") established by the VPSA, including any
changes in the Interest Payment Dates, the Principal Payment Dates and the Principal Installments
which may be requested by VPSA provided that such aggregate principal amount shall not exceed
the maximum amount set forth in paragraph one and the final maturity of the Bonds shall not be later
than 21 years from their date. The execution and delivery of the Bonds as described in paragraph
8 hereof shall conclusively evidence such T ntercst Payment Dates, Principal Payment Dates, interest
rates, principal amount and Principal Installments as having been so accepted as authorized by this
Resolution.
5. Form of the Bonds. The Bonds shall be initially in the form of a single, temporary
typewritten bond substantially in the form attached hereto as Exhibit A.
6. Pavment Paying Agent and Bond Registrar. The following provisions shall apply to the
Bonds:
(a) For as long as the VPSA is the registered owner of the Bonds, all payments of
principal of, premium, if any, and interest on the Bonds shall be made in immediately available
funds to the VPSA at or before 11 :00 a.m. on the applicable Interest Payment Date, Principal
Payment Date or date fixed for prepayment or redemption, or if such date is not a business day for
Virginia banks or for the Commonwealth of Virginia, then at or before 11 :00 a.m. on the business
day next preceding such Interest Payment Date, Principal Payment Date or date fixed for
prepayment or redemption;
(b) All overdue payments of principal and, to the extent permitted by law, interest shall
bear interest at the applicable interest rate or rates on the Bonds; and
(c) u.s. Bank National Association, Richmond, Virginia, is designated as Bond Registrar
and Paying Agent for the Bonds.
7. Prepavment or Redemption. The Principal Installments of the Bonds held by the VPSA
coming due on or before July 15,2017, and the definitive Bonds for which the Bonds held by the
VPSA may be exchanged that mature on or before July 15,2017 are not subject to prepayment or
redemption prior to their stated maturities. The Principal Installments of the Bonds held by the
VPSA coming due after July 15,2017 and the definitive Bonds for which the Bonds held by the
VPSA may be exchanged that mature after July 15,2017 are subject to prepayment or redemption
at the option ofthe County prior to their stated maturities in whole or in part, on any date on or after
July 15,2017 upon payment of the prepayment or redemption prices (expressed as percentages of
Principal Installments to be prepaid or the principal amount ofthe Bonds to be redeemed) set forth
below plus accrued interest to the date set for prepayment or redemption:
Dates
Prices
July 15,2017 to July 14,2018, inclusive. . . . . . . . . . . . . . . . . . . . . . . . . . .
July 15,2018 to July 14, 2019, inclusive. ... .. ... . . . . . . . . . .. . ............
July 15,2019 and thereafter......... . . . . . . . ... .......... . . . . . . ..
101%
100.5
100;
Provided, however, that the Bonds shall not be subject to prepayment or redemption prior to their
stated maturities as described above without first obtaining the written consent of the registered
owner of the Bonds. Notice of any such prepayment or redemption shall be given by the Bond
Registrar to the registered owner by registered mail not more than ninety (90) and not less than sixty
(60) days before the date fixed for prepayment or redemption. The County Administrator is
authorized to approve such other redemption provisions, including changes to the redemption dates
set forth above, as may be requested by the VPSA.
8. Execution ofthe Bonds. The Chairman or Vicc Chairman and the Clerk or any Deputy
Clerk ofthe Board are authorized and directed to execute and deli ver the Bonds and to affix the seal
Minute Book Number 32
Board of Supervisors Regolar Meeting of 03/14/07
335
of the County thereto. The manner of such execution may be by facsimile, provided that if both
signatures are by facsimile, the Bonds shall not be valid until authenticated by the manual signature
of the Paying Agent.
9. Pledge of Full Faith and Credit. For the prompt payment of the principal of, and the
premium, if any, and the interest on the Bonds as the same shall become due, the full faith and credit
of the County are hereby irrevocably pledged, and in each year while any of the Bonds shall be
outstanding there shall be levied and collected in accordance with law an annual ad valorem tax
upon all taxable property in the County subject to local taxation sufficient in amount to provide for
the payment of the principal of, and the premium, if any, and the interest on the Bonds as such
principal, premium, if any, and interest shall become due, which tax shall be without limitation as
to rate or amount and in addition to all other taxes authorized to be levied in the County to the extent
other funds of the County arc not lawfully available and appropriated for such purpose.
10. Use of Proceeds Certificate; Non-Arbitrage Certificate. The Chairman ofthe Board and
the County Administrator, or either ofthem and such officer or officers ofthe County as either may
designate are hereby authorized and directed to execute a Non-Arbitrage Certificate, if required by
bond counsel, and a Use of Proceeds Certificate setting forth the expected use and investment of the
proceeds of the Bonds and containing such covenants as may be necessary in order to show
compliance with the provisions ofthe Intemal Revenue Code of 1986, as amended (the "Code"), and
applicablc regulations relating to the exclusion from gross income of interest on the Bonds and on
thc VPSA Bonds. The Board covenants on behalf of the County that (i) the proceeds from the
issuance and sale of the Bonds will be invested and expended as set forth in such Use of Proceeds
Certificate and the County shall comply with the covenants and represcntations contained therein
and (ii) the County shall comply with the provisions of the Code so that interest on the Bonds and
on the VPSA Bonds will remain excludable from gross income for Federal incomc tax purposes.
11. State Non-Arbitrage Program; Proceeds Agreement. The Board hereby determines that
it is in the best interests of the County to authorize and direct the County Treasurer to participate in
the State Non-Arbitrage Program in connection with the Bonds. The County Administrator and the
Chairman ofthe Board, or either ofthem and such officer or officers of the County as either ofthem
may designate, are hcreby authorized and directed to execute and deliver a Proceeds Agreement with
respect to the deposit and investment of proceeds of the Bonds by and among the County, the other
participants in the sale ofthe VPSA Bonds, the VPSA, the investment manager, and the depository
substantially in the form on file with the County Administrator, which form is hereby approved.
12. Continuing Disclosure Agreement. The Chairman of the Board and the County
Administrator, or either of them, and such officer or officers of the County as either ofthem may
designate are hereby authorized and directed (i) to execute a Continuing Disclosure Agreement, as
set forth in Appendix F to the Bond Sale Agreement, setting forth the reports and notices to be filed
by the County and containing such covenants as may be necessary in order to show compliance with
the provisions ofthe Securities and Exchange Commission Rule 15c2-12 and (ii) to make all filings
required by Section 3 of the Bond Sale Agreement should the County be determined by the VPSA
to be a MOP (as defined in the Continuing Disclosure Agreement).
13. Filing of Resolution. The appropriate officers or agents of the County are hereby
authorized and directed to cause a certified copy of this Resolution to be filed with the Circuit Court
of the County.
14. Further Actions. The County Administrator, the Chairman of the Board, and such other
officers, employees and agents of the County as either of them may designate are hereby authorized
to take such action as the County Administrator or the Chairman of the Board may consider
necessary or desirable in connection with the issuance and sale ofthe Bonds and any such action
previously taken is hereby ratified and confirmed.
15. Effective Date. This Resolution shall take effect immediately.
The undersigned Clerk of the Board of Supervisors of the County of Frederick, Virginia,
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Board of Supervisors Regular Meeting of 03/14/07
336
hereby certifies that the foregoing constitutes a true and correct extract from the minutes of a
meeting of the Board of Supervisors held on March 14, 2007, and of the whole thereof so far as
applicable to the matters referred to in such extract. I hereby further certify that such meeting was
a regularly scheduled meeting and that, during the consideration of the foregoing resolution, a
quorum was present. The front page of this Resolution accurately records (i) the members of the
Board of Supervisors present at the meeting, (ii) the members who were absent from the meeting,
and (iii) the vote of each member, including any abstentions.
WITNESS MY HAND and the seal ofthe Board of Supervisors ofthe County of Frederick,
Virginia, this 14th day of March, 2007.
The above motion was approved by the following recorded vote:
Richard C. Shickle Aye
Gene E. Fisher Aye
Charles S. DeHaven, If. Aye
Gary W. Dove Aye
Bill M. Ewing Aye
Philip A. Lemieux Aye
Barbara E. Van Osten Aye
PLANNING COMMISSION BUSINESS
PUBLIC HEARINGS
PUBLIC HEARING - REZONING #18-06 OF WOODSIDE COMMERCIAL
CENTER, SUBMITTED BY GREYWOLFE. INC. TO REZONE 8.835 ACRES FROM
RA (RURAL AREAS) DISTRICT TO B-3 (INDUSTRIAL TRANSITION) DISTRICT
WITH PROFFERS. FOR COMMERCIAL AND INDUSTRIAL USES. THE
PROPERTY IS LOCATED ON THE EAST SIDE OF ROUTE 11.
APPROXIMA TEL Y 3.000 FEET NORTH OF HOPEWELL ROAD (ROUTE 672)
AND IS IDENTIFIED BY PROPERTY IDENTlFICA TION NUMBER 33-A-124A IN
THE STONEWALL MAGISTERIAL DISTRICT. - APPROVED WITH AMENDED
PROFFER STATEMENT
Supervisor DeHaven stated that he had appointed the applicant to the Planning Commission;
however, he did intend to participate in the discussion and vote.
Planner II Candice Perkins appeared before the Board regarding this item. She advised this
was an application to rezone 8.835 acres from RA (Rural Areas) District to B3 (Industrial
Transition) District with proffers. The property is located in the Stonewall Magisterial District and
is also in the Sewer and Water Service Area and Northeast Land Use Plan. The site is designated
for industrial uses. Planner II Perkins went on to say that B3 is a heavy business district and allows
for a variety ofB2 uses, which are not proper for the B3 district. She stated that in addition to the
prohibited uses that have been proffered by the applicant, staff recommends additional B2 uses be
proffered out ofthe B3 district. The transportation impact analysis shows failing intersections. She
went on to say that the Planning Commission reviewed the application and, at that time, the
applicant had proffered $ I 00 per projected vehicle trip per day to cover off site road improvements;
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337
however, after discussion with staff and the Planning Commission, the applicant now proffers to
provide an engineered road plan for the realignment of Bruce town /Hopewell Roads along with aerial
mapping of the Route 11 corridor. Planner II Perkins concluded by saying that if this application
is approved then the site would develop without transportation improvements.
Gary Oates, applicant, appeared before the Board regarding this application. He began by
saying that he was requesting B3 zoning for his property and he would not proffer out uses. He
believed that the B2 uses allowed in B3 help make up the transition area. He went on to say that the
Traffic Impact Analysis does point out a number of improvements; however, the retail component
used to compute the figures was a shopping center. He advised that the only retail use would be
something like a Home Depot or Lowe's. He stated that the Planning Commission recommended
approval based on the proffer of the Hopewell Road plan, but he felt it was not enough so he also
proffered the aerial mapping. Mr. Oates offered the following amendment to the proffer statement:
"engineering and surveying services will begin prior to the approval ofthe first site plan or at the
request ofthe Frederick County Planning Director, whichever comes first." Mr. Oates advised that
his site does not touch the area that would be impacted by the traffic, as his site is 0.8 miles away.
Supervisor DeHaven asked ifthe reference to the Planning Director in thejust offered proffer
could be changed to Frederick County.
Mr. Oates agreed to the change.
Chairman Shickle advised that he liked the cash proffer better than the second offer.
Transportation Planner John Bishop stated this application went to the Planning Commission
two times. The first time staff and VDOT developed a recommendation on the proffer.
Chaimlan Shickle asked if in lieu of cash someone thought it would be more appropriate for
the applicant to proffer off-site improvements?
Transportation Planner Bishop stated that the site is impacted by the rezoning.
Chairman Shickle asked Mr. Oatcs if the initial offer was still on the table.
Mr. Oates respondcd that he first offered $100 per trip; however, VDOT was looking for
$400 per trip. He stated the entire improvement to the intersection would cost three times what his
property is worth. He concluded by saying if the Board wanted to revise the proffers then the
application should be tabled.
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Chairman Shickle convened the public hearing.
Fred Stronko, Stonewall District and adjoining property owner, appeared before the Board
in opposition to this application. He advised that, in its present form, he disagreed with the
application. He stated that he would like to know what is going on and he would like to see the
application tabled until he had a better understanding of the proposal.
There being no further public comments, Chairman Shickle closed the public hearing.
Upon a motion by Supervisor DeHaven, seconded by Supervisor Van Osten, the Board
approved Rezoning #18-06 with the amended proffer that was offered this evening.
Supervisor Fisher asked ifthere was a possibility that the proposed intersection design would
change.
Transportation Planner Bishop responded that there is always a possibility, but this will be
the general alignment.
There being no further discussion, the motion was approved by the following recorded vote:
Richard C. Shickle Nay
Gene E. fisher Aye
Charles S. DeHaven, Jr. Aye
Gary W. Dove Aye
Bill M. Ewing Aye
Philip A. Lemieux Aye
Barbara E. Van Osten Aye
PUBLIC HEARING - TRANSPORTATION. COMMUNITY. AND SYSTEM
PRESERVATION (TCSP) PROGRAM GRANTS. THE COUNTY IS CONSIDERING
SEEKING FUNDING GRANTS FOR TEVIS STREET EXTENSION. SENSENY
ROAD WIDENING. INTERSECTION OF FOX DRIVE AND ROUTE 522. AND
EASTERN ROUTE 37 LONG RANGE TRANSPORTATION SYSTEM. -
(RESOLUTION #052-07) - APPROVED
Transportation Planner John Bishop appeared before the Board regarding this item. He
advised this was a Federal Grant program in which localities can compete for a pool of$61 million
nationwide. He advised that the County was submitting applications for projects that are less than
$1 million. He advised that the program requires a 20% match, which can be provided by cash or
in-kind services. Transportation Planner Bishop stated that staff hoped to use proffer and VDOT
monies. There are two applications being submitted through the MPO for Eastern Route 37 totaling
$3 million for Environmental and Preliminary Engineering. Frederick County is submitting three
independent applications for Tevis Street Extension ($1 million), Senseny Road Widening ($1
million), and Intersection of Fox Drive and Route 522 ($500,000). The Transportation Committee
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Board of Supervisors Regular Meeting of 03/14/07
339
has endorsed this application.
Chairman Shickle convened the public hearing.
There were no public comments.
Chairman Shickle closed the public hearing.
Upon a motion by Supervisor DeHaven, seconded by Supervisor Lemieux, the Board
approved the Transportation, Community, and System Preservation (TCSP) Program Grants.
WHEREAS, the Transportation Community, and System Preservation (TCSP) Program
provides funding for a comprehensive initiative including planning grants, implementation grants,
and research to investigate and address the relationships among transportation, community, and
system preservation plans and practices and identify private sector-based initiatives to improve those
relationships. A 20% match is required from Frederick County; and
WHEREAS, Tevis Street Extension, Senseny Road Widening, and the Intersection of Fox
Drive and Route 522 are needed improvements in Frederick County; and
WHEREAS, Eastern Route 37 is a critical need for Frederick County's long range
transportation system; and
WHEREAS, the Board of Supervisors of Frederick County, Virginia, desires that the
Planning and Development Department submit an application for funding from the Transportation,
Community, and System Preservation (TCSP) Program.
NOW, THEREFORE, BE IT RESOLVED, that the Board of Supervisors ofthe County
of Frederick, Virginia, hereby supports the application for the above listed projects from the
Transportation, Community, and System Preservation (TCSP) Program.
The above motion was approved by the following recorded vote:
Richard C. Shick1e Aye
Gene E. Fisher Aye
Charles S. DeHaven, Jr. Aye
Gary W. Dove Aye
Bill M. Ewing Aye
Philip A. Lemieux Aye
Barbara E. Van Osten Aye
OTHER PLANNING ITEMS:
MASTER DEVELOPMENT PLAN #10-06 OF GOVERNOR'S HILL - APPROVED
Planner II Candice Perkins appeared before the Board regarding this item. She advised this
was a master development plan for commercial and 550 residential units. The applicant proffered
a generalized development plan as part of the rezoning application. The major roadways are to be
constructed and the townhouse roadways do reflect a modification to the layout, but not the
proffered generalized development plan. She concluded by saying that the Master Development
Plan is consistent with the proffers and land use plan and the Board is being requested to grant staff
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Board of Supervisors Regular Meeting of 03/14/07
340
administrative authority to approve this plan.
Upon a motion by Supervisor Fisher, seconded by Supervisor Lemieux, the Board authorized
staff to administratively approve Master Development Plan #10-06.
Supervisor Fisher stated that he would like the applicant to request access for Inverlee Way
at Route 50 to access Coverstone Drive and ultimately cul-de-sac Coverstone Drive at the
intersection of Route 50/Sulphur Springs Road. He stated that the Board would try to work with the
applicant to see that it occurs.
Chairman Shickle asked staff how the process would work and if it would require only a
modification to the master development plan.
Director Lawrence responded that he would have to investigate the proffers because the
proffers might have to be amended.
Administrator Riley stated that if the request occurs the County would expedite the
application through the process.
There being no further discussion, the above motion was approved by the following recorded
vote:
Richard C. Shickle Aye
Gene E. Fisher Aye
Charles S. DeHaven, Jr. Aye
Gary W. Dove Aye
Bill M. Ewing Aye
Philip A. Lemieux Aye
Barbara E. Van Osten Aye
BOARD LIAISON REPORTS
There were no Board liaison reports.
CITIZEN COMMENTS
John Lamanna, Shawnee District resident and Chairman ofthe Frederick County School
Board, stated the communication between the two boards has been open, honest, and collaborative,
for the most part. The School Board has put forth an honest budget and he wanted to make sure the
residents knew that the reduced state and federal funds and unfunded mandates were the reason for
the additional local monies requested. He stated that the current local money is 21.6% less than last
year and tonight's discussion is desperate. He advised that the School Board began with a request
of$12.1 million, but the Board and Finance Committee only funded $4.3 million. He stated that list
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341
night the School Board reduced the request by $5.2 million, but they still need an additional $2.6
million to cover personnel, growth, and staffing for Gainesboro Elementary School. He went on to
say that the funding must be found and the School Board is eager to meet and discuss funding
options.
Pat Grosso, Red Bud District, appeared before the Board regarding the school budget. She
stated that last year at Sherando High School no additional staff were hired and now each math
teacher teaches three different math levels and are doing it with class sizes of 28-30 students. She
went on to say that teachers were teaching six classes instead ofthe State mandated five and we need
to be in a position to nurture the new teachers. She concluded by saying that this year is difficult
because the state money is not forthcoming.
Peggy Clark, President of the Frederick County Education Association, stated that if the
budget is cut then the School Board will not be able to maintain competitive salaries and class sizes,
which will make it difficult to hire new teachers.
BOARD OF SUPERVISORS COMMENTS
Supervisor Van Osten stated that she was the lone dissenter in the consensus to advertise no
tax increase for this year's budget. She reiterated what was said by Dr. Lamanna and the other
speakers. She went on to say that what has been seen in the past is the "plugging the dike" scenario;
however, with no budget increase, we will see drastic consequences. She concluded by saying that
she would like to see the Board work with the School Board to realize the money they need.
ADJOURN
UPON A MOTION BY SUPERVISOR EWING, SECONDED BY SUPERVISOR
DOVE, THERE BEING NO FURTHER BUSINESS TO COME BEFORE THIS BOARD,
THIS MEETING IS HEREBY ADJOURNED. (8:20 P.M.)
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Jolrlf R. Riley, Jr.
Clerk, Board of Supervisors
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Richard C. Shickle
Chairman, Board of Supervisors
Minutes Prepared By: (IQ 1 ~ f' '-1. tfJ)
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Deputy Clerk, Board of Supervisors
Minute Book Number 32
Board of Supervisors Regular Meeting of 03/14/07