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HomeMy WebLinkAboutJune 13 2007 Regular Meeting434 A Regular Meeting of the Frederick County Board of Supervisors was held on Wednesday, June 13, 2007, at 6:00 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. BOARD RETIRED INTO CLOSED SESSION Upon a motion by Vice-Chairman Fisher, seconded by Supervisor Ewing, the Board convened in Closed Session pursuant to Code of Virginia, 1950, as Amended, Section 2.2-3711 A (1) to discuss personnel matters. 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 RECONVENED INTO REGULAR SESSION Upon a motion by Vice-Chairman Fisher ,seconded by Supervisor Dove, the Board came out of closed session and reconvened in Regular Session. The above motion was approved by the following recorded vote: Richard C. Shickle Aye 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 amotion byVice-Chairman Fisher, seconded by Supervisor Ewing, the Board certified that to the best of each board member's knowledge only Virginia Code Section 2.2-3711 A (1) personncl matters were discussed. The above motion was approved by the following recorded vote: Minute Book Number 32 Board of Supervisors Regular Meeting of 06/13/07 435 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 CERTIFICATION OF THE COUNTY ADMINISTRATOR'S EVALUATION - APPROVED Upon a motion by Vice-Chairman Fisher, seconded by Supervisor VanOsten, the Board certified the evaluation of the County Administrator. 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 RECESS Upon a motion by Supervisor DeHaven, seconded by Supervisor Ewing, the Board recessed unti17:15 p.m. 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 CALL TO ORDER Chairman Shickle called the meeting back to order. INVOCATION Reverend Philip Roby, People's Country Church, delivered the invocation. PLF,DGE OF ALLEGIANCE Vice-Chairman Fisher led the Pledge of Allegiance. ADOPTION OF AGENDA -APPROVED AS AMENDED County Administrator John R. Riley, Jr. advised that the Board had received requests to postpone the Haggerty (# 04-07) and the Carriage Park (#12-06) rezonings until the July 25, 2007 Minute Book Number 32 Board of Supervisors Regular Meeting of 06/13/07 436 meeting. 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 Kiley offered the following items for the Board's consideration under the consent agenda: - Request for Installation of "Watch for Children" Signs in the Saratoga Meadows Subdivision -Tab C; - Transportation Committee Report -Tab G. 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 CITIZEN COMMENTS There were no citizen comments. BOARD OF SUPERVISORS COMMENTS Supervisor Van Osten reported that options were being researched regarding funding of a purchase of development rights program. MINUTES -APPROVED Supervisor DeHaven moved to approve the minutes from the May 11, 2007 worksession with the state bonding authority amount listed on page 3 to be corrected. The motion was seconded by Supervisor Van Osten and was approved by the following recorded vote: Richard C. Shickle Aye Gene E. Fisher Aye Charles S. DeHaven, Jr. Aye Minute Book Number 32 Board of Supervisors Regular Meeting of 06/13/07 ~__ _ __ _ - 437 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 DeHaven, the minutes from the May 23, 2007 regular meeting were 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. F,wing Aye Philip A. Lemieux Aye Barbara E. Van Osten Aye COUNTY OFFICIALS COMMITTEE APPOINTMENTS APPOINTMENT OF TOMMY PRICE AS FREDERICK COUNTY REPRESENTATIVE ON THE LORD FAIRFAX EMERGENCY MEDICAL SERVICES COUNCIL -APPROVED Upon a motion by Supervisor DeHaven, seconded by Supervisor Dove, the Board appointed Tommy Price to serve as Frederick County representative on the Lord Fairfax Emergency Medical Services Council. This is a three year appointment, said term to expire June 30, 2010. 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 REAPPOINTMENT OF GREG CRAWFORD AND APPOINTMENT OF JULIE ARMEL AND DARIO SAVARESE TO THE WINCHESTER-FREDERICK COUNTY CONVENTION AND VISITORS' BUREAU (AKA WINCHESTER FREDERICK COUNTY TOURISM BOARDI -APPROVED Upon a motion by Supervisor DeHaven, seconded by Supervisor Van Osten, the Board reappointed Greg Crawford and appointed Julie Armel and Dario Savarese to the Winchester- Frederick County Convention and Visitors' Bureau. This is a three year appointment, said term to expire June 30, 2010. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Gene E. Fisher Aye Minute Book Number 32 Board of Supervisors Regular Meeting of 06/13/07 438 Charles S. DeHaven, Jr. Aye Gary W. Dove Aye Bill M. Ewing Aye Philip A. Lemieux Aye Barbara E. Van Osten Aye RE VEST FOR INSTALLATION OF "WATCH FOR CHILDREN" SIGNS IN THE SARATOGA MEADOWS SUBDIVISION - (RESOLUTION #069-071-APPROVED UNDER CONSENT AGENDA WHEREAS, the 1997 Session of the Virginia Assembly amended the Code of Virginia adding Section 33.1-210.2 relating to the installation and maintenance of "signs alerting motorists that children may be at play nearby"; and WHEREAS, this act provides for the adoption of a resolution by the governing body of any county requesting the Virginia Department of Transportation to install and maintaining this type of sign; and WHEREAS, the source of funding for the installation of this sign shall come out of the secondary system construction allocation to the affected county. The costs of maintaining such sign shall be paid out of the secondary system maintenance allocation to the affected county; and WHEREAS, Saratoga Drive (Route 1277), Steeplechase Lane (Route 1278), and Stirrup Cup Circle (Route 1279), are located in a residential area and are within the secondary road system and are a viable candidate for "Watch for Children" signs; and BE IT THEREFORE RESOLVED, the Frederick County Board of Supervisors does hereby request that the Department of Transportation install "Watch for Children" signs specifically at Saratoga Drive (Route 1277) from 0.23 miles southeast Route 657 to Route 657; Steeplechase Lane (Route 1278), from 0.13 miles south Route 1277 to Route 1277; and Stirrup Cup Circle (Route 1279), and from 1277 to 0.05 miles northeast Route 1277. The signs should be placed in accordance with the provisions of Section 33.1-210.2 of the Code of Virginia. - BE IT FURTHER RESOLVED, that a certified copy of this resolution be forwarded to the Resident Engineer for the Virginia Department of Transportation. ADOPTED this 13`h day of June, 2007. This item was approved under consent agenda. MEMORANDUM RE: CABLE FRANCHISE AND FIBER OPTIC CONTRACT RENEWAL• LEGAL SERVICES Assistant County Administrator Kris Tierney stated this item was being brought to the Board for its information. He advised that the current cable franchise agreement will expire in December 2008 and there have been significant technical and legal changes to the cable franchise issue; therefore, the County would be hiring legal and technical expertise to assist in the franchise renegotiation. Assistant Administrator Tierney stated the County would be hiring the firm of Miller & Van Eaton. The scope of services provided by this firm includes the renegotiation of the franchise agreement and drafting the necessary legal documents. He concluded by saying the expenses incurred under this proposal could reach $79,000. Minute Book Number 32 Board of Supervisors Regular Meeting of 06/13/07 439 Administrator Riley stated the firm would also rewrite the County's franchise ordinance as well. Supervisor Van Osten asked when it was anticipated that this process would be completed. Assistant Administrator Tierney responded that it would depend on how cooperative Comcast is; however, the legal services agreement would terminate before December 2008. Administrator Riley advised that staff could come back to the Board at a future work session to provide an update. Chairman Shickle suggested that staff contact the City of Winchester regarding its cable franchise to determine if they were on a similar calendar as the County as a joint negotiation might benefit the citizens of both localities. Supervisor Ewing asked if the cable franchise agreement with the County and the School's fiber optic agreement would be combined into one agreement under this new process. Assistant Administrator Tierney responded that he did not know if that was possible. He went on to say if the Board wanted to have a member serve on the Franchise Committee the Committee would welcome that addition. COMMITTEE REPORTS PUBLIC WORKS COMMITTEE REPORT -APPROVED The Public Works Committee met on Tuesday, May 29, 2007 at 8:00 a.m. All members were present. The following items were discussed: ***Items Requiring Action*** L Modification to the Holidav Closine Schedule at the Citizens' Convenience Center In response to a request from Gloria Puffinburger, Solid Waste Manager, in a memorandum dated April 10, 2007, (Attachment #1), the committee unanimously endorsed closing the convenience sites on Easter Sunday. Pending approval by the Board of Supervisors, this Holiday will be added to the current closure schedule for the convenience sites. Upon a motion by Supervisor Dove, seconded by Supervisor Lemieux, the Board approved the closing the citizen convenience sites on Easter Sunday. 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 Minute Book Number 32 Board of Supervisors Regular Meeting of 06/13/07 440 Barbara E. Van Osten Aye ***Items Not Requiring Action*** I, Close_ d Session A closed session was convened under Virginia Code 2.2-3711 A (30) to discuss the PPEA contract and site selection for the proposed Aquatics Center. After reconvening from the closed session, a subcommittee was formed to study the proposed site alternatives. The committee members will include Gary Dove, Jim Doran, Gene Fisher, Ed Strawsnyder, and a representative _.. from the Parks and Recreation Commission. 2. Residential Occunancy Loading for Sinule Family Dwellints Occupancy loading in single family residential dwellings has become an ever increasing problem in Frederick County. During the discussion of this issue, John Trenary, Building Official, provided a brief summary of our current County Code requirements related to property maintenance. The attached memorandum dated May 28, 2007 (Attachment #2) summarizes the information included in his presentation as well as his attempts to amend the county code. After discussing this issue at length, Gary Dove recommended that a committee be formed to study the problem and possible solutions. The subcommittee will include the following personnel: Gene Fisher, John Trenary, Bob Wells, Phil Lemieux, Eric Lawrence, and Jim Wilson. Mr. Fisher will serve as chairman of this committee and will schedule the first meeting. 3, Project Updates a. r ;x~y Mom rav Program: The Gypsy Moth Program treated approximately 3,000 acres without incident. Follow up surveys will determine the effectiveness of the spray program. b. Revision to the Erosion and Sediment Control Ordinance: 1'he revisions to the erosion and sediment control ordinance are on hold until we receive ~_ the state DCR inspection report which outlines the results of their onsite inspection and document review. The DCR representatives have indicated that Frederick County will receive a satisfactory rating. c. New Clearbrook Compactor Site: The Public Works staff is serving as the project manager for the construction of the new Clearbrook Compactor site. To date, bids have been received from subcontractors for site paving, fencing, retaining walls, and concrete slabs. The actual site grading will be performed by our open end contractor, DeHaven Excavating. Globe Stone has offered to provide all of our base stone at no charge. d. New Landfill Cell Development: The construction of the Phase II, Cell B in the MSW landfill is on schedule for completion on or about July 1, 2007. 'The contractor, Perry Engineering, has completed the final grading and placement of the bedding layer of soil. The final liner which includes a 1/4 inch thick G.C.L. mat and a 60-mil. HDPE liner is currently being installed. Staff anticipates the completion of the liner on or before June 15, 2007 will be followed by the installation of the leachate collection system and the protective soil layer. e. Sit=_ht Distance Improvement Project: The Virginia Department of Transportation (VDOT) has agreed to improve the sight distance at the intersection of Sulphur Springs Road and Greenwood Road. The owner of the property is located in the northwest quadrant of this intersection has granted us a temporary grading easement to do the necessary improvements. The actual improvements will include clearing the site of trees and shrubs, regrading to lower the Minute Book Number 32 Board of Supervisors Regular Meeting of 06/13/07 441 site, and stabilization with a low growing vegetative cover. This work will dramatically improve the site distance and the traffic safety at this intersection. 4• Miscellaneous Re orts a. Tonnage Report: Landfill (Attachment 3) b. Recycling Report (Attachment 4) c. Animal Shelter Dog Report (Attachment 5) d. Animal Shelter Cat Report (Attachment ~ PUBLIC SAFETY COMMITTEE REPORT -APPROVED A meeting of the Public Safety Committee was held on Tuesday, May 29, 2007. Committee members present were: Chair Barbara Van Osten, Gary Dove, John Riley, Fire & Rescue Association President Mike Cline, Fire & Rescue Director Gary DuBrueler, Sheriff Robert Williamson, Gene Fisher, Michael Hockman, and Helen Lake. Also in attendance were: Denny Linaburg, Frederick County Fire Marshal, Tim Welsh, Director Chief of Operations Division, Larry Oliver, Frederick County Deputy Chief Training Division, Philip Lemieux, Board of Supervisors, Jay Tibbs, Deputy County Administrator, Paula Nofsinger, Frederick County Human Resources Director, Public Safety Communications Director LeeAnna Pyles, Christina Franchok, Frederick County Fire & Rescue Volunteer Coordinator, and Dr. Potter. The committee submits the following: ***Items Requiring Board Action*** 1. Endorsement of Consultant's Re ort on Overtime for Fire & Rescue The EMSSTAR Group, L.L.C., conducted an independent study of overtime use by the Fire & Rescue Department. Per this study, Gary DuBrueler provided the Committee with an Overtime Action Plan. The study found that the overtime paid by the Fire & Rescue Department is not in excess given the County's established system; therefore, the Department will continue to tightly control and thoroughly document all overtime. No changes will be made to the programmed overtime which is for annual, sick, and administrative leave, and holiday pay. The report suggested the elimination of the Kelly Day. Staff disagreed with this suggestion as this day is used mainly for training. John Riley suggested changing the name to Training Day. Garv DuBrueler made a motion to herebv change the name of Kelly Dav ar noted in the F,xammation of Pirefi hter Overtime and Other Human Resources Issues for Frederick Coun Virginia, to Trainingi Dav This was seconded by Michael Hockman and unanimously roved A motion was made by Garv Dove to forward the Committee's endorsement ofthe Examination of Firefighter Overtime and Other Human Resources Issues for Frederick Count Virginia to the Board. Thrs was seconded by Helen Lake and unanimously ap roved Upon a motion by Supervisor Van Osten, seconded by Supervisor Dove, the Board approved the consultant's report regarding Fire & Rescue Overtime with the name change of Kelly Day to Training Day. Chairman Shickle asked if there were any other actions to follow. Minute Book Number 32 Board or Supervisors Regular Meeting of 06/13/07 442 Administrator Riley responded that staff and the Companies' Chiefs were working on updated service agreements between the County and the fire companies. Chairman Shickle asked Administrator Riley to create a list of what additional actions the Board could expect to see so they could monitor them. 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 Supervisor Van Osten stated that she would like to bring the Board's Fee for Service Committee's recommendation to the June 27, 2006 meeting. ***Items Not Requiring Action*** 1. Service Learnin>7 Presentation Citizen Alert Svstem -Information Only Jay Tibbs presented the Committee with information regarding a Citizen Alert System, Roam Secure Alert Network Solutions. Roam Secure is a web based notification system that would allow citizens to sign up for alerts and/or information via text messaging, a-mail, or cell phone. There are three versions available, as follows: - Emergency Management -Two-way communication for Fire, Police, EMA, and other personnel staffing emergency communications centers. - Employee Notifications -Instantly notifies thousands of employees of a crisis situation and provides detailed instructions. - Citizen Warning System -Send warnings and instructions to hundreds of thousands of citizens during an emergency. Funding for the system would be approximately $98,000.00 on state contract with an estimate of the County population of 70,000. There would be no charges imposed by the County to the public. Funding for the system may be available through Homeland Security Grants, though Gary DuBrueler and Sheriff Williamson stated the Homeland Security grants were two years out. They expressed doubt that the State would fund the system. The County currently has A Child is Missing program, but it can only be accessed if there is impending harm to a child. A motion was made by Helen Lake to explore other opportunities for funding This was seconded by Michael Hockman. The next Public Safety Committee meeting will be scheduled as needed. TRANSPORTATION COMMITTEE REPORT -APPROVED UNDER CONSENT AGENDA The Transportation Committee met on Monday, May 21, 2007 at 8:30 a.m. Members Present Members Absent Minute Book Number 32 Board of Supervisors Regular Meeting of 06/13/07 44~ Chuck DeHaven (voting) Donald Breeden (liaison) Phil Lemieux (voting) James Racey (voting) Mike Smith (voting) Lewis Boyer (voting) George Kriz (liaison) Gary Oates (liaison) ***Items Requiring Action*** - ~ ~ None ***Items Not Requiring Action*** 1. Transportation Impact Fees As was done for the Board of Supervisors work session on May l 1, 2007, staff updated the Committee on the changes to the Transportation Impact Fee legislation. Staff indicated to the Committee that the extent of the changes make examples previously prepared by staff unusable as an illustration of the usefulness of the fees in the County and requested guidance on preparing an example for the Board of Supervisors. The Committee instructed staff to create a district using the relocation of Exit 307 as the project. Staff informed the Committee that they could expect to see a draft of this example at their next meeting which has been scheduled for June 18, 2007. 2. 2008-2013 Six Year Improvement Program Staff informed the committee that there would be hearings on the Draft 2008-2013 Six Year Improvement Program on May 31, 2007 in New Market and indicated that any Committee members wishing to come speak would be welcome. Staff also offered transportation and assistance preparing comments should any committee members be interested. -- ~ ~ 3. Article Review Staff regularly provides transportation related articles from various outlets to the committee. 4. Other Staff informed the Committee that the County Interstate, Secondary, and Primary road improvement programs would be coming to the committee at the June meeting. PUBLIC HEARING PUBLIC HEARING - AN ORDINANCE TO AMEND THE FREDERICK COUNTY CODE CHAPTER 155 TAXATION• ARTICLE XI ASSESSMENT OF COURT COSTS FOR COURTHOUSE SECURITY• SECTION 155-46• FEE IMPOSED• COLLECTION• USE. THE PURPOSE OF THIS PROPOSED AMENDMENT IS TO INCREASE THE FEE FROM $5 00 to $10 00 THIS FEE WOULD BE IN ACCORDANCE WITH THE STATE LEGISLATION THAT WAS ADOPTED TO BE EFFECTIVE JULY 1 2007. -APPROVED Administrator Riley advised this proposed amendment would increase the cap on the Courthouse Security Fee from $5.00 to $10.00. The Code and Ordinance Committee unanimously recommended approval of this proposed. amendment. Chairman Shickle convened the public hearing. Minute Book Number 32 Board of Supervisors Regular Meeting of 06/13/07 444 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 proposed amendment to Frederick County Code, Chapter 155, Taxation, Article XI, Assessment of Court Costs for Courthouse Security. BE IT ORDAINED, that Chapter 155, Taxation, Article XI, Assessment of Court Costs for Courthouse Security; Section 155-46, Fee Imposed, Collection, Use, be amended to read as follows: § 155-46. Fee Imposed; collection; use. Pursuant to Section 53.1-120(D) of the Code of Virginia, 1950, as amended, there is hereby assessed a fee of $5 $l0 as part of the costs in each criminal or traffic case which is tried in either one of the district courts of the County of Frederick or in the Circuit Court of the County of Frederick, which results in conviction of any statute or ordinance. This fee shall be collected by the Clerk of the Circuit Court in which the case is heard, remitted to the Treasurer of Frederick County, and held by the Treasurer subject to appropriation by the Board of Supervisors to the Sheriff of Frederick County for the funding of courthouse security personnel. 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 - AN ORDINANCE TO AMEND THE FREDERICK COUNTY CODE CHAPTER 155 TAXATION• ARTICLE XIX MEALS TAX• SECTION 155- 130 VIOLATIONS AND PENALTIES. THE PURPOSE OF THIS PROPOSED AMENDMENT IS TO BRING THIS SECTION INTO COMPLIANCE WITH THE STATE CODE BY RECLASSIFYING A VIOLATION OF THIS SECTION FROM A CLASS 3 MISDEMEANOR TO CLASS 1 AND INCREASE THE MAXIMUM FINE AMOUNT FROM $500 00 TO $2 500.00. -APPROVED Administrator Riley advised this proposed amendment would bring this section of the Frederick County Code into compliance with the State Code by reclassifying a violation of this section as a Class 1 misdemeanor and increasing the maximum fine amount to $2,500. The Code and Ordinance Committee unanimously recommended approval of this proposed amendment. Chairman Shickle convened the public hearing. There were no public comments. Chairman Shickle closed the public hearing. Upon amotion by Vice-Chairman Fisher, seconded by Supervisor Dove, the Board approved the amendments to Frederick County Code, Chapter 155, Taxation, Article XIX, Meals Tax. Minute Book Number 32 Board of Supervisors Regular Meeting of 06/13/07 445 BE IT ORDAINED, that Chapter 155, Taxation, Article XIX, Meals Tax; Section 155-130, Violations and Penalties, be amended to read as follows: §155-130. Violations and penalties. Any person violating or failing to comply with any of the provisions of this article, shall, upon conviction thereof, be guilty of a Class 31 misdemeanor punishable by a maximum fine of X599 $2500. Conviction shall not relieve any person from the payment, collection or remittance of the tax as provided in this article. Each violation or failure shall be a separate offense. 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 ----- "_""""""'ti~~vttulivAlV(:~'1'UAMEND THE FREDERICK COUNTY CODE CHAPTER 158 VEHICLES AND TRAFFIC• ARTICLE III COUNTY VEHICLE LICENSES• BY THE ADDITION OF SECTION 158-9.3 EXEMPTION FROM LICENSE FEES FOR FORMER PRISONERS OF WAR. THE PURPOSE OF THIS PROPOSED AMENDMENT IS TO BRING THIS SECTION INTO COMPLIANCF. WITH THE STATE CODE BY EXEMPTING ONE MOTOR VEHICLE OWNED AND USED PERSONALLY BY ANY FORMER PRISONER OF WAR FROM THE COUNTY LICENSE FEE. -APPROVED Administrator Riley advised this proposed amendment would bring this section of the Frederick County Code into compliance with the State Code by exempting one motor vehicle owned and used personally by any former prisoner of war from the County license fee. The Code and Ordinance Committee unanimously recommended approval of this proposed amendment. Chairman Shickle convened the public hearing. There were no public comments. Chairman Shickle closed the public hearing. Upon a motion by Supervisor Ewing, seconded by Supervisor Van Osten, the Board approved the amendment to Frederick County Code, Chapter 158, Vehicles and Traffic, Article III, County Vehicle Licenses. BF, IT ORDAINED, that Chapter 158, Vehicles and Traffic; Article IIl, County Vehicle Licenses; by the Addition of Section 158-9.3, Exemption from License Fees for Former Prisoners of War, to read as follows: §I SS-9.3. Exemption from License Fee for Former Prisoners of War. In accordance with the Code of Virginia, 1950, as amended, ,¢46.2-755, no county license fee shall be imposed for any one motor vehicle owned and used personally by any prisoner of war who holds a current state motor vehicle registration card establishing that he has received a Minute Book Number 32 Board of Supervisors Regular Meeting of 06/13/07 446 prisoner of war exemption from the Division of Motor Vehicles and has been issued a prisoner of war motor vehicle license plate as prescribed in the Code of Virginia, 1950, as amended, §46.2- 746. 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 PUBLII; HN:Aluiv~s - tip..,..,,.. `~.` `.,-. _ -- _ __ CODE CHAPTER 158 VEHICLES AND TRAFFIC• ARTICLE IV LAW ENFORCEMENT OF PRIVATE ROADS AND STREETS• SECTION 158-18 THE SUMMIT. THE PURPOSE OF THIS PROPOSED AMENDMENT WOULD PERMIT LAKE HOLIDAY AKA THE SUMMIT TO HIRE A PRIVATE ENGINEER TO CERTIFY ROAD SIGNS AND SPEED LIMITS USING CRITERIA DEVELOPED BY THE COMMONWEALTH TRANSPORTATION COMMISSIONER. THIS CERTIFICATION SHALL HAVE THE SAME EFFECT FOR LAW ENFORCEMENT PURPOSES AS IF CERTIFIED BY THE COMMONWEALTH TRANSPORTATION COMMISSIONER. -APPROVED Administrator Riley advised this proposed amendment would permit Lake Holiday (aka The Summit) to hire a private engineer to certify road signs and speed limits using criteria developed by the Commonwealth Transportation Commissioner. This certification shall have the same effect, for law enforcement purposes, as if certified by the Commonwealth Transportation Commissioner. The Code and Ordinance Committee unanimously recommended approval of this amendment. Chairman Shickle convened the public hearing. There were no public comments. Chairman Shickle closed the public hearing. Upon a motion by Supervisor Dove, seconded by Supervisor DeHaven, the Board approved the amendment to Frederick County Code, Chapter 158, Vehicles and Traffic, Article IV, Law Enforcement of Private Roads and Streets. BE IT ORDAINED, that Chapter 158, Vehicles and Traffic; Article IV, Law Enforcement of Private Roads and Streets, by the amendment of Section 158-18, The Summit, to read as follows: §158-18. The Summit. A. The private roads and streets in the subdivision known as "The Summit" shall be designated as highways for law enforcement purposes only. B. Certification of road signs and speed limits by private licensed professional engineers using criteria developed by the Commonwealth Transportation Commissioner shall be permitted, and, for law enforcement purposes, such certification shall have the same effect as if certified by Minute Book Number 32 Board of Supervisors Regular Meeting ot06/13107 ~_ 447 the Commonwealth Transportation Commissioner. 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 PLANNING COMMISSION BUSINESS PUBLIC HEARING POSTPONED This item was postponed at the applicant's request. ••••.. n~.i,ri„~t~~.r,iv 1 AiVll WEST _ F OPEOUON CREEK WHICH FORMS THE BOUNDARY OF CLARKS ( OUNTY. THE PROPERTIES ARE IDENTIFIED BY PROPERTY IDENTIFICATION NUMBERS PINS 55-A-212 AND 55-A-212A AND ARE LOCATED IN THF, RED BUD MAGISTERIAL DISTRICT. CONTINUED FROM T'HE MAY 23, 2007 MEETING) POSTPONEll This item was postponed at the applicant's request. OTHER PLANNING ITEMS SUBDIVISION REQUEST #08-06 OF FAIRWAY COURT APPROVED Planning Director Eric Lawrence appeared before the Board regarding this item. He advised this was a subdivision request to divide 4.94 acres into seven single family detached urban lots. The Minute Book Number 32 Board of Su~~ervisors Regular Meeting of 06/13/07 448 Supervisor Ewing stated that he could not support the waiver along Bogey Way. 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 Nay Philip A. Lemieux Nay Barbara E. Van Osten Aye Upon a motion by Vice-Chairman Fisher, seconded by Supervisor Dove, the Board granted staff administrative approval authority for Subdivision Request #08-06. 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 crossing has curb and gutter, but no sidewalks. He stated the Planning Commission recommended a waiver of curb, gutter, and sidewalk along Senseny Road and Oakridge Lane, but did not support a waiver along Bogey Way. He concluded by saying staff was seeking action on the waiver request property is zoned RP (Residential Performance) District and is located along Oakridge Lane and Senseny Road. The minimum lot size is 12,000 square feet. Director Lawrence went on to say this development does not have a master development plan because of its size. He stated staff was seeking administrative approval authority for this subdivision. The Planning Commission granted a waiver to preserve the woodlands along Senseny Road and the applicant is requesting a waiver from the Board of the curb, gutter, and sidewalk requirements. Director Lawrence advised that Fairway Estates, an adjacent subdivision, does not have curb, gutter, or sidewalks and that Oakdale and administrative approval authority. Vice-Chairman Fisher stated that he previously had a concern about stormwater issues, but has since spoken with the applicant's representative. Vice-Chairman Fisher moved to approve the waiver request for curb, gutter, and sidewalks along Senseny Road, Bogey Way, and Oakridge Lane. Osten. The motion was seconded by Supervisor V an Supervisor Lemieux stated his agreement with the waiver along Senseny Road and Oakridge Lane, but did not agree with Bogey Way. Minute Book Number 32 Board of Supervisors Regular Meeting of 06/13/07 445 Bill M. Ewing Aye Philip A. Lemieux Aye Barbara E. Van Osten Aye MEMO AND RESOLUTION RE: EXTENSION OF WATER AND SEWER SERVICE OUTSIDE OF POLICY BOUNDARIES -PROPOSED JUSTES DRIVE LDS CHURCH - (RESOLUTION #070 07) APPROVED Director Lawrence appeared before the Board regarding this item. He advised that Vice- Chairman Fisher was approached to sponsor this request, which would enable a proposed church to access the County's public water and sewer system. The proposed five acre parcel is located outside of the sewer and water service area, south of Justes Drive and north of Route 522. Director Lawrence stated the Board could either grant the request or direct staff to study this request as part of a larger land use plan. The property is designated industrial, but the County has deviated from this designation by putting a school in that area. Chairman Shickle stated he was not sure this was a Comprehensive Plan issue. Director Lawrence advised that such extensions have not been granted since the Board adopted the new process. Chairman Shickle stated he was not sure what a study would do, but it seemed the issue was whether or not the church should have public water and sewer. Vice-Chairman Fisher advised that he has looked at this request and has had much discussion and thinks the land use plan should. move up in priority; however, he kept coming back to the issue of whether "we" want a church to have water and sewer or well and septic. Upon amotion byVice-Chairman Fisher, seconded by Supervisor Dove, the Board approved the extension of water and sewer service outside of the policy boundaries for the purpose of serving the LDS Church. WHEREAS, the LDS Church wishes to construct a new facility on a five acre parcel along Justes :Drive. The Church is seeking the use of public sewer and water for this planned facility. The property is located on the south side of Justes Drive, inclose proximity of the Admiral Byrd Middle School, on land presently owned by Daryl R. Russell et als Co-Trustees, and is identified by Property Identification Number 76-A-5, in the Shawnee Magisterial District; and WHEREAS, the request for consideration of this extension of water and sewer service would only serve the proposed LDS Church; and WHEREAS, this extension of service outside ofthe S WSA and UDA request was sponsored and presented to the Board of Supervisors by the Shawnee Magisterial District Supervisor on June 13, 2007; and NOW, THEREFORE, BE IT ORDAINED, that the Board of Supervisors the extension Minute Book Number 32 Board of Supervisors Regular Meeting or 06/13/07 450 of water and sewer service outside of the SWSA and the UDA for the proposed five acre church property. Passed this 13`" day of June, 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 BOARD LIAISON REPORTS There were no Board liaison reports. CITIZEN COMMENTS Robert Hurt, Gainesboro District and store owner in Creekside, thanked the Board for participating in the home consortium. He stated he would like to see the funds looked at for possible assistance to people who aren't looking at buying a house, but renting. He went onto say that so many people are living on a thread and he would like to see them get some support. Chairman Shickle asked staff to meet with Mr. Hurt to discuss this issue in more detail. Katie Pitcock, Back Creek District, appeared before the Board regarding the same issue. - She stated the consortium funds were coming in earmarked for first time home buyers. She went onto say that her work with at-risk kids, etc. made her aware of people who need rental assistance. She concluded by saying the consortium would benefit from having agency representatives work with them. BOARD OF SUPERVISORS COMMENTS Supervisor Van Osten stated that had been contacted by homeowners regarding barking dogs and asked if there was any interest in looking at some type of ordinance for the rural areas. Chairman Shickle stated that had been tried numerous times, but nothing had come of it. Administrator Riley suggested looking at it on a density basis. Chairman Shickle stated that he felt sorry for those people who have to deal with bad neighbors and poor pet owners. Supervisor Lemieux stated he did not know if he could support such an ordinance, because it could start with dogs, but might lead to other things. Minute Book Number 32 Board of Supervisors Regular Meeting of 06(13/07 451 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. (8:17 P.M.) L o ~ ~ Richard C. Shickle J .Riley, r. Chairman, Board of Supervisors Clerk, Board of Supervisors Minutes Prepared By: ~,~ ~' ~`'r ~,~,Q,, Jay E. i s Deputy Clerk, Board of Supervisors Minute Book Number 32 Board of Supervisors Regular Meeting of 06/13/07 __ __ ~~_