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HomeMy WebLinkAboutJune 27 2007 Regular Meeting452 A Regular Meeting of the Frederick County Board of Supervisors was held on Wednesday, June 27, 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; Gary W. Dove; Bill M. Ewing; Philip A. Lemieux; and Barbara E. Van Osten. ABSENT Charles S. DeHaven, Jr. (Arrived 6:07 P.M.) CALL TO ORDER Chairman Shickle called the meeting to order. BOARD RETIRED INTO CLOSED SESSION Upon amotion byVice-Chairman Fisher, seconded by Supervisor Dove, the Board convened in Closed Session pursuant to Code of Virginia, 1950, as Amended, Section 2.2-3711 A (3) to discuss acquisition and disposition of real estate. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Gene E. Fisher Aye Charles S. DeHaven, Jr. Absent Gary W. Dove Aye Bill M. Ewing Aye Philip A. Lemieux Aye Barbara E. Van Osten Aye BOARD RECONVENED INTO REGULAR SESSION Upon amotion 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 (3) Minute Book Number 32 Board of Supervisors Regular Meeting or 06/27/07 45~ acquisition and disposition of real estate were discussed. 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 Vice-Chairman Fisher, 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 Joseph Roby, People' s Country Church, delivered the invocation. PLEDGE OF ALLEGIANCE Vice-Chairman Fisher led the Pledge of Allegiance. ADOPTION OF AGENDA -APPROVED AS AMENDED County Administrator John R. Riley, Jr. advised that he had one addition to the agenda. He added consideration of a refund to General Electric as item #4 under County Officials. Upon a motion by Supervisor Van Osten, seconded by Supervisor Dove, the Board approved the amended agenda. 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 06/27/07 454 Barbara E. Van Osten Aye CONSENT AGENDA -APPROVED Administrator Riley offered the following item for the Board's consideration under the consent agenda: - Subdivision Request #14-07 of Shawnee Canning Co., Inc. -Tab J. Upon a motion by Supervisor Dove, seconded by Supervisor Ewing, 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 There were no Board of Supervisors's comments. MINUTES -APPROVED Upon a motion by Supervisor Ewing seconded by Supervisor DeHaven, the Board approved the minutes from the June 4, 2007 worksession 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 Vice-Chairman Fisher, the Board approved the minutes from the June 13, 2007 Regular Meeting 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 Minute Book Number 32 Board of Supervisors Regular Meeting of 06/27/07 455 COUNTY OFFICIALS COMMITTEE APPOINTMENTS APPOINTMENT OF JAMES L. STEPHENS AS OPE UON DISTRICT REPRESENTATIVE ON THE SOCIAL SERVICES BOARD -APPROVED Upon a motion by Supervisor Ewing, seconded by Supervisor DeHaven, the Board appointed James L. Stephens to serve as Opequon District representative on the Social Services Board. This is a four year appointment, said term to expire June 30, 2011. 1'he 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 TAMMY FURR ANN STANT AND DAVID J. BEELER JR. TO THE SHAR'NEELAND SANITARY DISTRICT ADVISORY COMMITTEE -APPROVED Upon a motion by Supervisor Van Osten, seconded by Supervisor Dove, the Board reappointed Tammy Furr, Ann Stant, and David J. Beeler, Jr, to the ShawneeLand Sanitary District Advisory Committee. This is a two year appointment, said term to expire July 13, 2009. 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 JIM LAWRENCE AND TODD B. LODGE ON THE CONSERVATION EASEMENT AUTHORITY -APPROVED Upon a motion by Supervisor Van Osten, seconded by Supervisor Dove, the Board reappointed Jim Lawrence and Todd B. Lodge to the Conservation Easement Authority. This is a three year appointment, said term to expire August 24, 2010. The above motion 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 06/27/07 456 Gary W. Dove Aye Bill M. Ewing Aye Philip A. Lemieux Aye Barbara E. Van Osten Aye REAPPOINTMENT OF DR. NED CLELAND AS FREDERICK COUNTY REPRESENTATIVE ON THE FREDERICK-WINCHESTER SERVICE AUTHORITY -APPROVED Upon a motion by Vice-Chairman Fisher, seconded by Supervisor DeHaven, the Board reappointed Dr. Ned Cleland as Frederick County Representative on the Frederick-Winchester Service Authority. This is a three year appointment, said term to expire August 31, 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 RESOLUTION #071-07 APPROVING FIRE SERVICE AGREEMENTS AND AUTHORIZING CHAIRMAN TO EXECUTE ON BEHALF OF THE BOARD - DEFERRED UNTIL THE JULY 25 2007 MEETING Administrator Riley advised that the Board had requested these agreements be brought to this meeting. He stated the Chief's working group was making substantial progress and he thought a consensus on the agreements could be reached by the July 25, 2007 meeting. Supervisor Dove stated the Association has done a great job working on this and he agreed with giving them another month. Upon a motion by Supervisor Dove, seconded by Supervisor Ewing, the Board deferred action on this item until July 25, 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 RESOLUTION (#072 07LOPPOSING ALLEGHENY ENERGY'S APPLICATION TO RAISE POWER RATES -APPROVED Administrator Riley asked the Board to support this resolution in opposition to Allegheny Minute Book Number 32 Board of Supervisors Regular Meeting of 06/27/07 457 Energy's application to raise power rates. He advised that the Industrial Development Authority and local businesses were in the process of opposing this increase and they would be asking the local governments in Allegheny's service area to support this opposition effort. Upon a motion by Supervisor DeHaven, seconded by Supervisor Van Osten, the Board approved the resolution opposing Allegheny Energy's application to raise power rates. WHEREAS, The Potomac Edison Company d/b/a Allegheny Energy, ("Allegheny") has filed an Application to raise power rates with the State Corporation Commission ("SCC") of Virginia referenced as PUE-2007-00026; and WHEREAS, Allegheny is the provider of power to our locality; and WHEREAS, Allegheny's Application seeks to increase the power rates of the residents, families and businesses throughout our locality by approximately $85 million dollars. This translates into an increase of some 40% in monthly power bills for the average home using 1000 kilowatt hours per month; and WHEREAS, Allegheny's Application seeks to circumvent an agreement Allegheny voluntarily entered into with the SCC in 2000. Under the agreement, Allegheny sold all generating units to a sister company in exchange for terminating the ability to increase power rates based on the price of fuel for those generating units; and WHEREAS, there is no justification to permit Allegheny to void the agreement in favor of Wall Street stock holders, at the expense of our citizens, its customers; and WHEREAS, the strength of our local. economy is driven by an affordable cost of living together with the ability to expand or attract local businesses. The Allegheny Application will j eopardize our continued economic strength and success. The availability of adequate power cannot come at the price of financially strapping the workers and retirees who comprise our area; and WHEREAS, Allegheny's Application allowed for no compromise to its proposed rate increase; and WHEREAS, Allegheny's Application also would increase the cost of power purchased to operate our local government and deliver services to our citizens. Our tax rates have been established to meet the projected budgeted expenditures. Granting of the Allegheny Application would require either cuts in services or increase in revenues in the form of tax adjustments. NOW, THEREFORE, BE IT RESOLVED, that the Frederick County Board of Supervisors through this resolution expresses its profound opposition to the Allegheny Application, requests the SCC deny the Application and require Allegheny to honor the Agreement it voluntarily entered in 2000. ADOPTED this 27th day of June, 2007. The above motion and resolution 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. Ewing Aye Philip A. Lemieux Aye Minute Book Number 32 Board of Supervisors Regular Meeting of 06/27/07 458 Barbara E. Van Osten Aye GENERAL ELECTRIC REFUND -APPROVED Administrator Riley advised that G.E. had filed an appeal of its assessment through the Circuit Court. The County, through negotiations, was able to reach a settlement, where G.E. is due a refund in the amount of $239,124.15. This refund will be paid in cash in the amount of $94,781.69 and a tax credit in the amount of $144,342.46. Upon a motion by Supervisor Dove, seconded by Supervisor DeHaven, the Board approved the refund to G.E. in the amount of $94,781.69 to be paid in cash and a tax credit of $144,342.46. 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 FINANCE COMMITTEE REPORT The Finance Committee met in the Board of SupervisorsfE Meeting Room at 107 N. Kent Street on Wednesday, June 20, 2007 at 8:00 a.m. Member Gary Lofton was absent. Items 2, 3, and 8 were approved under consent agenda. Upon a motion by Supervisor Ewing, seconded by Supervisor DeHaven, 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 1. The Assistant County Administrator has provided correspondence from Mr. Bob Mitchell regarding the proposed conveyance of the old Stephens City School for your consideration. See attached information, p. 1-6. The committee recommends approval of the deed changes and the conveyance of the property. -Approved. Upon a motion by Supervisor Ewing, seconded by Supervisor DeHaven, the Board approved the above request 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 06/27/07 459 Gary W. Dove Aye Bill M. Ewing Aye Philip A. Lemieux Aye Barbara E. Van Osten Aye 2. The Sheriff requests a General Fund supplemental appropriation in the amount of $6,200. This amount represents an insurance reimbursement for an auto claim. No local funds required. See attached memo, p. 7-8. -Approved Under Consent Agenda. _ 3. The Sheriffrequests a General Fund supplemental appropriation in the amount of $3,945. This amount represents donations and reimbursements for the DARE Program. No local funds required. See attached memo, p. 9. -Approved Under Consent Agenda. 4. The Director of the Winchester Regional Airport requests a General Fund supplemental appropriation in the amount of $31,430.99. This amount represents the County's share of capital improvement costs through June 30, 2007. Local funds are required. See attached memo, p. 10. The committee recommends approval. -Approved. Upon a motion by Supervisor Ewing, seconded by Vice-Chairman Fisher, the Board approved the above request 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 5. The Commonwealth Attorney requests an FY 2008 General Fund supplemental --_ appropriation in the amount of $105,888. This amount represents two new positions that have been approved by the Compensation Board. The Compensation Board will fund at least $66,450 towards these new positions with the remainder to be funded by the county. See attached memo, p. 11. The committee recommends approval. -Approved. Upon a motion by Supervisor Ewing, seconded by Vice-Chairman Fisher, the Board approved the above request 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 6. The Frederick County Conservation Easement Authority requests a reserve of fund balance in the amount of $265,000. This amount represents the local matching funds required to participate in the Virginia Office of Farmland Preservation for the Purchase of Development Rights (PDR) program. It is also requested that a line item be added to the general fund to allow the accumulation of private donations for the purchase of development rights and the conservation easement program. Additional local funds are necessary. See attached memo, p. 12-13. The committee recommends reserving the money for future discussion on appropriation. The committee also recommends creating a line item for private donations and other funding sources. -Approved. Upon a motion by Supervisor Ewing, seconded by Supervisor Van Osten, the Board Minute Book Number 32 Board of Supervisors Regular Meeting of 06/27/07 460 approved the above request 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 7. The Director of Information Technology requests an FY 2007 General Fund budget transfer in the amount of $161,312. This amount represents hardware and software purchases to establish a document imaging system for the county. Of this amount, $145,000 will be transferred from the operational contingency line item and the remainder will be transferred from other line items within the Information Technology budget. See attached memo, p. 14-23. The committee recommends approval of the transfer and a carry forward of the funds if necessary. -Approved. Upon a motion by Supervisor Ewing, seconded by Supervisor DeHaven, the Board approved the above request 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 8. The Finance Director requests an FY 2008 General Fund supplemental appropriation in the amount of $8,700. This amount represents Juvenile Justice grant money that was omitted during the FY08 budget preparation. No local funds are necessary. -Approved Under Consent Agenda. __ ***For Information Only*** 1. The Finance Director provides a fund balance report. See attached report, p. 24. DEVELOPMENT IMPACT MODEL OVERSIGHT COMMITTEE REPORT - APPROVED The Development Impact Model Oversight Committee (DIM-OC) met on Thursday, June 7, 2007 at 8:30 a.m. Members Present Josh Phelps Paige Manuel Gary Lofton Stephen Petler Members Absent Gary Dove Roger Thomas Stuart Wolk J.P. Carr ***Items Requiring Action*** The DIM-OC reviewed the critical inputs for the Annual Update of the Development Impact Model. The inputs are essential in order to maintain an updated DIM. It is also important to note that the DIM is a planning tool which projects anticipated capital facility costs associated with land development and rezoning proposals. The DIM-OC recommends approval of the critical inputs, and for their incorporation into model. Upon approval of the DIM-OC's recommendation, staff will use the updated model in the consideration of future rezoning petitions. The critical input spreadsheet (Attachment # 1) and resulting prof ected capital facilities costs (Attachment #2) are attached for your Minute Book Number 32 Board of Supervisors Regular Meeting of 06/27/07 461 information. Upon a motion by Supervisor Dove, seconded by Supervisor DeHaven, the Board approved the critical inputs and their incorporation into the Development Impact Model. 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 HEARINGS PUBLIC HEARING -CONDITIONAL USE PERMIT #04-07 FOR EDISON GOMEZ FOR A PUBLIC GARAGE WITH BODY REPAIR. THIS PROPERTY IS LOCATED AT 2608 DOUBLE CHURCH ROAD (ROUTE 6411 AND IS IDENTIFIED WITH PROPERTY IDENTIFICATION NUMBER 93-4-3 IN THE OPE UON MAGISTERIAL DISTRICT -APPROVED Planning Technician Lauren Krempa appeared before the Board regarding this item. She advised the property is located on Double Church Road in the Opequon Magisterial District. The applicant is proposing a public garage with bodywork. The property is zoned RA (Rural Areas) District and this use is permitted with a conditional use permit. The Planning Commission recommended approval with the following conditions: 1. All review agency comments and requirements shall be complied with at all times. 2. Any business uses outside the repair realm of the conditional use permit is not permitted. 3. All vehicles awaiting repair will be shielded from view of all adjoining properties. 4. All repairs shall take place within the existing three-bay garage. 5. The applicant will be limited to repairing three inoperable vehicles on the property at a time, including storage. 6. Hours of operation shall be from 7:00 A.M. to 7:00 P.M. 7. This repair business is not permitted any employees other than current residents of 2610 Double Church Road, per the Health Department's comment for this application. _~ 18. Any expansion or change of use shall require a new Conditional Use Permit. 9. No scrap parts or metal will be accumulated outside. Minute Book Number 32 Board of Supervisors Regular Meeting of 06/27/07 462 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 Dove, the Board approved Conditional Use Permit #04-07. 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 - 2007 COMPREHENSIVE POLICY PLAN UPDATE - POSTPONED This item was postponed until the August 22, 2007 meeting. MASTER DEVELOPMENT PLAN #06-07 OF WINCHESTER INDUSTRIAL PROPERTIES. LLC -APPROVED Planner II Candice Perkins appeared before the Board regarding this item. She advised this was a master development plan for 107.7 acres of property zoned M1 (Light Industrial) District for industrial uses. Access to the site will be via a new public road extension of Brooke Road to Park Center Drive. The applicant is requesting a waiver of §144-24C of the Frederick County Subdivision Ordinance. Parcel 54-A-91A will be served by a public road; however, that is not sufficient to permit the property to be subdivided. The Planning Commission recommended approval of the waiver and the master development plan. She went on to say the plan meets the requirements of the ordinances and staff is seeking administrative authority to approve this plan. Upon a motion by Supervisor DeHaven, seconded by Supervisor Van Osten, the Board approved the waiver to § 144-24C and authorized staff to administratively approve Master Development Plan #06-07. 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 06/27/07 46~ Barbara E. Van Osten Aye SUBDIVISION REOUEST #14-07 OF SHAWNEE CANNING CO., INC. - APPROVED UNDER CONSENT AGENDA This item was approved under the consent agenda. REQUEST TO SCHEDULE A WORKSESSION RE: COMPREHENSIVE POLICY PLAN AMENDMENT REQUESTS The Board scheduled a work session for August 6, 2007 beginning at 12:00 p.m. BOARD LIAISON REPORTS There were no Board liaison reports. CITIZEN COMMENTS There were no citizen comments. BOARll OF SUPERVISORS COMMENTS There were no Board of Supervisors's comments. 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. (7:45 P.M.) -. Richard C. Shickle Jo R. Riley, Jr. Chairman, Board of Supervisors Jerk, Board of Supervisors Minutes Prepared By: ~_ Jay E. ib s Deputy Clerk, Board of Supervisors Minute Book Number 32 Board of Supervisors Regular Meeting of 06/27/07