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August 22 2007 Regular Meeting032 A Regular Meeting of the Frederick County Board of Supervisors was held on Wednesday, August 22, 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 5. DeHaven, Jr.; Gary W. Dove; Bill M. Ewing; Philip A. Lemieux; and Barbara E. Van Osten. CALL TO ORDF,R Chairman Shickle called the meeting to order. INVOCATION Reverend Robert Stainback, Congregational Fellowship Church, delivered the invocation. PLEDGE OF ALLEGIANCE Vice-Chairman Fisher led the Pledge of Allegiance. ADOPTION OF AGENDA -APPROVED County Administrator John R. Riley, Jr. advised that he had no additions to the agenda. Upon a motion by Supervisor Ewing, seconded by Supervisor Dove, the Bvard approved the agenda as presented. 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: - Resolution in Memoriam of Robert M. Sager -Tab B; - Proclamation Re: Senator H. Russell Potts, Jr., Day -Tab C; -Northwestern Community Services' fiscal Year 2008 Performance Contract -Tab F; -Resolution Re: Designation as a Rural Rustic Road -Tab I. Upon a motion by Supervisor Dove, seconded by Supervisor DeHaven, the Board approved Minute Book Number 33 Board of Supervisors Regular Meeting of 08/22/07 033 the Consent Agenda by the following recorded vote: Richard C. Shickle Aye Gene E. Fisher Aye Charles S. lleHaven, Jr. Aye Gary W. Dove Aye Bill M. Ewing qye Philip A. Lemieux Aye Barbara E. Van Osten Aye CITIZF,N COMMENTS Kirk Matthews, Red Bud District, appeared before the Board regarding Master Development Plan #07-07 -Haggerty Property. He stated an amended rezoning for this property was approved by the Board despite the proposal not meeting the Eastern Road Plan, Comprehensive Plan, and Development Impact Model. The proposal would add an additional 300 houses onto a road that cannot handle that amount of traffic. He went on to say this was not the right time to put these houses in an area with already overcrowded schools and he asked the Board not to accept this master development plan. BOARD OF SUPERIVSORS COMMENTS There were no Board of Supervisors' comments. MINUTES -APPROVED Upon a motion by Supervisor DeHaven, seconded by Vice-Chairman Fisher, the Board approved the minutes from the July 25, 2007 Regular Meeting. 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 Ayc Philip A. Lemieux Aye Barbara E. Van Osten Aye Upon a motion by Supervisor Ewing, seconded by Supervisor Van Osten, the Board approved the minutes from the August 6, 2007 Worksession. 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 33 Board of Supervisors Regular Meeting of 08/22/07 034 Barbara E. Van Osten Aye COUNTY OFFICIALS UNDER CONSENT AGENDA WHEREAS, Robert M. Sager served the citizens of Frederick County, Virginia, for almost twelve (12) years as Opequon District representative to the Board of Supervisors; and WHEREAS, during his tenure he held seats on numerous committees, including that of -J chairman of the Finance Committee from 1992 & 1993, chairman of the Public Safety (formerly Law Enforcement & Courts) Committee from 1992 and 1994-2003, and member of the Transportation Committee from 1992-2002, Frederick County SanitationAuthority from 1992-1993, Social Service Board 1992-2003, Board of Education 1994, School Board 1995, Planning Commission Liaison from 1994-1999, IIandley Regional Library Board Liaison from 1994-1996, Code and Ordinance Committee from 1994-2003, Juvenile Detention Center Commission 1996-2003; Northern Shenandoah Valley Regional Commission 1996-2003, and Northwestern Regional Adult Detention Center Regional Jail Authority 1996-2003; and WHEREAS, Supervisor Sager was a tireless worker for not only the constituents in his district, but for all of the citizens of Frederick County; and WHEREAS, Supervisor Sager will be long remembered, by those who served with him and the employees of Frederick County Government that worked for him, as a true friend and a compassionate voice for the children of Frederick County. NOW, THEREFORE BF. IT RESOLVED, that the Frederick County Board of Supervisors extends it deepest sympathy to the family of Robert M. Sager, a dedicated family man and a friend to all who knew him. 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 citizen legislator and that a true copy of this resolution be presented to his wife and family. This item was approved under the consent agenda. PROCLAMATION (#001 071 RE• SENATOR H RUSSELL POTTS JR. DAY - APPROVED UNDER CONSENT AGENDA WHEREAS, H. Russell Yotts, Jr. served the citizens of Frederick County Virginia and the 27th Senatorial District as their state senator for sixteen (16) years, said tenure being 1991-2007; and WHEREAS, during his four consecutive senate terms Senator Potts served on a number of committees, including: Chairman of the Education and Health Committee and member of the Rules Committee, Commerce and Labor Committee, Privileges and Elections Committee, and Finance Committee; and WHEREAS, Senator Potts was chosen as the first Chairman of the Shenandoah Valley Senate and House Caucus, as well as being named Senator of the Year by such organizations as the V irginia School BoardsfE Association, Virginia SuperintendentslE Association, Virginia TeacherslE Association, Virginia SheriffslE Association, Virginia Academy of School Psychologists, Medical Society of Virginia, Virginia Dentists, People Above Politics, and the Virginia Interfaith Council; and WHEREAS, Senator Potts, in addition to his political career, has a long and distinguished career as a sports journalist, collegiate athletic director, vice-president of the Chicago White Sox, Minute Book Number 33 Board of Supervisors Regular Meeting of 08/22/07 035 and founder of Russ Potts Productions, Inc.; and WHEREAS, Senator Potts was inducted into the Virginia Sports Hall of Fame on Apri123, 2004; and WHEREAS, Senator Potts was a tireless worker for not only the constituents in Frederick County and the 27th Senatorial District, but for all of the citizens of the Commonwealth of Virginia; and WHEREAS, Senator Potts is and will continue to be known as a man of strong convictions, one who loved the Commonwealth, and the personification of the belief othe games do counto. NOW, THEREFORE, BE IT RESOLVED, that the Frederick County Board of Supervisors designate October 18th as Senator H. Russell Potts, Jr. Day in Frederick County, Virginia. 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 journal isl/sports fan/citizen legislator and that a true copy of this resolution be presented to Senator Potts. This item was approved under the consent agenda. COMMITTEE APPOINTMENTS APPOINTMENT OF JAYNE SEYMOUR TO FILL UNEXPIRED TERM OF DOUG CUMBIA AS A MEMBER OF THE COMMUNITY AND POLICY MANAGEMENT TEAM -APPROVED Upon a motion by Supervisor Dove, seconded by Supervisor Van Osten, the Board appointed .Tayne Seymour to the Frederick County Policy Management Team (CPMT) to fill the unexpired term of Doug Cumbia, said term to expire June 30, 2008. 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 (#004=071 REQUESTING FREDERICK COUNTY BE DECLARED A DROUGHT DISASTER COUNTY -APPROVED Upon a motion by Supervisor DeHaven, seconded by Supervisor Dove, the Board approved the resolution requesting Frederick County be declared a drought disaster county. WHEREAS, the extended drought conditions in the County of Frederick have severely affected farmers; and WHEREAS, during the 2007 growing season, the County of Frederick has received considerably less rain than normal while experiencing unseasonably high temperatures; and Minute Book Number 33 Board of Supervisors Regular Meeting of OS/22/07 036 WHEREAS, estimated losses of pasture agricultural crops are greater than 30% and losses for individual crops range from 15% to 30% for crops such as small grains, hay, alfalfa, and apples; and WHEREAS, Frederick County farmers need federal assistance in responding to their losses as a result of extreme dry weather. NOW, THEREFORE, BE IT RESOLVED, by the Frederick County Board of Supervisors that the County Administrator is hereby directed to submit to Governor Timothy Kaine a request for assistance in obtaining federal disaster designation for Frederick County, which will make available federal assistance to Frederick County farmers who have experienced crop damage and losses due to the excessive heat and on-going drought. 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 NORTHWESTERN COMMUNITY SERVICES' FISCAL YEAR 2008 PERFORMANCE CONTRACT -APPROVED UNDER THE CONSENT AGENDA This item was approved under the consent agenda. CORRESPONDENCE FROM FREDERICK COUNTY SCHOOLS RE: VIRGINIA PUBLIC SCHOOL AUTHORITY (VPSA) FALL 2007 BOND SALE AND REQUEST TO SCHEDULE A PUBLIC HEARING DATE -APPROVED Administrator Riley advised the Frederick County Schools requested the Board of Supervisors approve a budget adjustment to the School Construction Fund for an additional $2 million which provides a total of $4 million and represents the potential cost of the land, architectural and engineering costs, site testing costs, and preliminary site work for the 12th elementary school. Secondly, the Schools requested the Board conduct a public hearing on Wednesday, September 12, 2007 to consider authorization for a debt issue for the 2007 Fall VPSA bond application. Upon a motion by Supervisor Van Osten, seconded by Supervisor Dove, the Board approved a budget adjustment to the school construction fund. for an additional $2 million which provides a total of $4 million and represents the potential cost of the land, as well as the architectural and engineering costs, the site testing costs, and some preliminary site work for the 12th elementary school. The above motion was approved by the following recorded vote: Minute Book Number 33 Board of Supervisors Regular Meeting or U8/22/07 03i Richard C. Shickle Ayc 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 Van Osten, the Board approved a public hearing on the VPSA Fa112007 Bond application for its Wednesday, September 12, 2007 meeting. 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 FIRE & RESCUE JOINT SERVICE AGREEMENT -POSTPONED UNTIL SEPTEMBER 26 2007 MEETING Administrator Riley advised that during the July 25, 2007 Board meeting, staff and the Chiefs' Working Group requested that action on the Fire & Rescue Joint Service Agreement be postponed until the August 22, 2007 meeting, as the chiefs needed additional time to review changes and discuss areas of difference. He met with representatives from the Chiefs' Working Group on "fuesday, August 14th to discuss the status of the agreement and convey the comments from the county's attorney. The meeting was productive and all parties felt they were very close to having a workable agreement. It was everyone's hope to have a final product to the Board for action by this evening; however, the working. group requested this matter be postponed until the September 26, 2007 meeting in order to allow them to discuss the changes with their individual companies before giving a final endorsement/acceptance of the agreement. Staff was receptive to this request and asked that the Board postpone action on the agreement until the September 26, 2007 meeting; however, should the working group hear back from their respective companies sooner, staff would like to have the ability to bring this item to the Board's September 12th meeting. Administrator Riley informed the Board that he had been advised that all eleven companies have signed on to the proposed agreement and he felt this was an outstanding effort by the chiefs. Upon a motion by Supervisor Dove, seconded by Supervisor Van Osten, the Board Minute Book Number 33 Board of Supervisors Regular Meeting or 08/22/07 )38 postponed this item until the September 26, 2007 meeting. The above motion was approved by the following recorded vote: Richard G Shicklc Aye Gene F.. Fisher Aye Charles S. DeHaven, Jr. Aye Gary W. Dove Aye Bill M. Ewing Aye Philip A. Lemieux Aye Barbara E. Van Osten Aye RESOLUTIONS RE: DESIGNATION AS A RURAL RUSTIC ROAD: INDIAN HOLLOW ROAD (ROUTE 6791 CHESTNUT GROVE ROAD (ROUTE 681), AND EBENEZF,R CHURCH ROAll ROUTE 705 -APPROVED UNDER CONSENT AGENDA RESOLUTION (#005-07) DESIGNATING INDIAN HOLLOW ROAD AS A RURAL RUSTIC ROAD WHEREAS, Section 33.1-70.1 of the Code of Virginia, permits the improvement and hard surfacing of certain unpaved roads deemed to qualify for designation as a Rural Rustic Road; and WHEREAS, any such road must be located in glow-density development area and have a minimum of 50 vehicles per day (vpd), and have no more than 1000 vpd; and WHEREAS, the Board of Supervisors of Frederick County, Virginia ("Board") desires to consider whether Route 679 (lndian Hollow Road) from 0.50 miles east of Rt. 600 (Back Mountain Road) to 0.3 miles west of Rt. 608 (Dicks Hollow Road) should be designated a Rural Rustic Road; and WHEREAS, the Board is unaware of pending development that will significantly affect the existing traffic on this road; and WHEREAS, the citizens that utilize this road have been made aware that this road may be paved with minimal improvements; and WHEREAS, the Board believes that this road should be so designated due to its qualifying characteristics and will endeavor to retain these characteristics through its comprehensive planning process; and WHEREAS, this road is in the Board's six year plan for improvements to the secondary system of state highways. NOW, THEREFORE, BE IT RESOLVED, the Board hereby designates this road a Rural Rustic Road, and requests that the Residency Administrator for the Virginia Department of Transportation concur in this designation. BE IT FURTHER RESOLVED, the Board requests that this road be hard surfaced and, to the fullest extent prudent, be improved within the existing right of way and ditch lines to preserve as much as possible the adjacent trees, vegetation, side slopes, and rural rustic character along the road in their current state. BE IT FURTHER RESOLVED, that a certified copy of this resolution be forwarded to the Residency Administrator for the Virginia Department of Transportation. ADOPTED this 22nd day of August, 2007. Minute Book Number 33 Board of Supervisors Regular Meeting of 08/22/07 039 This item was approved under the consent agenda. DESIGNATING CHESTNUT G OVEOROAD (ROUTE 681) AS A RURAL RUSTIC ROAD WHEREAS, Section 33.1-70.1 of the Code of Virginia, permits the improvement and hard surfacing of certain unpaved roads deemed to qualify for designation as a Rural Rustic Road; and WHEREAS, any such road must be located in aloes-density development area and have a minimum of 50 vehicles per day (vpd), and have no more than 1000 vpd; and WHEREAS, the Board of Supervisors of Frederick County, Virginia ("Board") desires to consider whether Route 681 (Chestnut Grove Road) from 0.50 miles north of Rt. 805 (Myers Lane) to Rt. 608 (Hunting Ridge Road) should be designated a Rural Rustic Road; and WHEREAS, the Board is unaware of pending development that will significantly affect the existing traffic on this road; and WHEREAS, the citizens that utilize this road have been made aware that this road may be paved with minimal improvements; and WHEREAS, the Board believes that this road should be so designated due to its qualifying characteristics and will endeavor to retain these characteristics through its comprehensive planning process; and WHEREAS, this road is in the Board's six year plan for improvements to the secondary system of state highways. NOW, THEREFORE, BE IT RESOLVED, the Board hereby designates this road a Rural Rustic Road, and requests that the Residency Administrator for the Virginia Department of Transportation concur in this designation. BE 1T FURTHER RESOLVED, the Board requests that this road be hard surfaced and, to the fullest extent prudent, be improved within the existing right of way and ditch lines to preserve as much as possible the adjacent trees, vegetation, side slopes, and rural rustic character along the road in their current state. BE IT FURTHER RESOLVEll, that a certified copy ofthis resolution be forwarded to the Residency Administrator for the Virginia Department of Transportation. ADOPTED, this 22nd day of August, 2007. This item was approved under the consent agenda. RESOLUTION (#007-07) DESIGNATING EBENEZER CHURCH ROAD (ROUTE 705) AS A RURAL RUSTIC ROAD WHEREAS, Section 33.1-70.1 of the Code of Virginia, permits the improvement and hard surfacing of certain unpaved roads deemed to qualify for designation as a Rural Rustic Road; and WHEREAS, any such road must be located in aloes-density development area and have a minimum of 50 vehicles per day (vpd), and have no more than 1000 vpd; and WHF,REAS, the Board of Supervisors of Frederick County, Virginia (`Board") desires to consider whether Route 705 (Ebenezer Church Road) from 0.25 miles east of Rt. 703 (Whitacre Road) to Rt. 522 should be designated a Rural Rustic Road; and Minute Book Number 33 Board of Supervisors Regular Meeting of 08/22/07 X40 WHEREAS, the Board is unaware of pending development that will significantly affect the existing traffic on this road; and WHEREAS, the citizens that utilize this road have been made aware that this road maybe paved with minimal improvements; and WHEREAS, the Board believes that this road should be so designated due to its qualifying characteristics and will endeavor to retain these characteristics through its comprehensive planning process; and WHEREAS, this road is in the Board' s six year plan for improvements to the secondary - system of state highways. NOW, THEREFORE, BE IT RESOLVED, the Board hereby designates this road a Rural Rustic Road, and requests that the Residency Administrator for the Virginia Department of Transportation concur in this designation. BE IT FURTHER RESOLVED, the Board requests that this road be hard surfaced and, to the fullest extent prudent, be improved within the existing right of way and ditch lines to preserve as much as possible the adjacent trees, vegetation, side slopes, and rural rustic character along the road in their current state. BE IT FURTHER RESOLVED, that a certified copy of this resolution be forwarded to the Residency Administrator for the Virginia Department of Transportation. ADOPTF,D, this 22nd day of August, 2007. This item was approved under the consent agenda. COMMITTEE REPORTS HUMAN RESOURCES COMMITTEE REPORT -APPROVED The HR Committee met on Wednesday, August 8, 2007 at 9:00 a.m. with the following people present: Charles DeHaven, Chairman, Philip Farley, Verne Collins, John R. Riley, Jr., Eric Lawrence, and Paula Nofsinger. The following item was approved by the committee as follows: The Director of Planning requested approval for creation of the position of Deputy Director of Planning and Development -Transportation. No additional funding is required. See attached memo, pages 1-5. No other business was discussed. Upon a motion by Supervisor DeHaven, seconded by Supervisor Van Osten, the above request 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 F,. Van Osten Aye FINANCE COMMITTEE REPORT The Finance Committee met in the Board of Supervisors' Meeting Room at 107 North Kent Minute Book Number 33 Board of Supervisors Regular Meeting of 08/22/07 041 Street on Wednesday, August 15, 2007 at 8:00 a.m. Item 11 was deleted from the agenda. Member Richard Shickle was absent. 1. Celebrating Patsy Cline, Inc. requests an opportunity to discuss funding from the county for the Patsy Cline Museum project. The request for $350,000 over three years was denied until further information is available on their capital campaign. See attached information, p. 1-5. - Information Only. 2. The Youth Development Center, Inc. requests an FY 2008 General Fund supplemental appropriation in the amount of $250,000. This amount is needed to pay debt on a building addition. Local funds are required. Sce attached information, p. 6-8. 'This item was tabled until final FY 2007 year end balances are available. -Information Only. 3. The Shenandoah Valley Discovery Museum requests an FY 2008 General Fund supplemental appropriation, partially or in full, in the amount of $700,000. This amount represents matching funds for state grants. Local funds are required. See attached information, p. 9-46. This item was tabled until final FY 2007 year end balances are available. -Information Only. 4. The Sheriff requests an FY 2008 General Fund supplemental appropriation in the amount of $200FY 2008 General Fund supplemental appropriation in the amount of $200. This amount represents a donation for child seatbelt safety received in FY 2007. No local funds required. See attached memo, p. 47. The committee recommends approval. -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 5. The Director of Fire & Rescue requests an FY 2008 General Fund supplemental appropriation in the amount of $1,626.75. This amount represents a gift from the Newton B. Shingleton trust to be distributed to five (5) volunteer fire companies. No local funds required. See attached memo, p. 48-50. The committee recommends approval. -APPROVED Upon a motion by Supervisor Ewing, seconded by Supervisor Dove, 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 Public Safety Director requests an FY 2008 General Fund supplemental appropriation in the amount of $128,140. This amount represents salary and fringes to hire a Radio Technician and associated equipment. The Public Safety Communications Director has provided additional information regarding the need to hire a Radio Technician. This information was requested by the committee at the March 21, 2007 meeting in response to a request for a supplemental appropriation, which was tabled. Local funds are required. See attached information, Minute Book Number 33 Board of Supervisors Regular Meeting of 08/22/07 042 p. 51-57. The committee recommends approval. Mr. Lofton voted against the motion. - APPROVED Upon a motion by Supervisor Ewing, seconded by Supervisor Van Osten, the Board approved the above request 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 7. The Voter Registrar requests an FY 2008 General Fund supplemental appropriation in the amount of $13,511. "This amount represents upgrades to the voter machines as mandated by the State Board of Elections. Local funds are required. See attached memo, p. 58-59. The committee recommends approval. -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 Director of Public Works requests an FY 2008 Capital Projects Fund supplemental appropriation in the amount of $397,988. This amount represents a carry forward of the funds remaining for Animal Shelter construction to pay outstanding invoices. See attached memo, p. 60-62. The committee recommends approval of $80,000 with the remaining tabled pending additional information. -APPROVED Upon a motion by Supervisor Ewing, seconded by Supervisor Van Osten, 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 9. The County Administrator requests an FY 2008 General Fund supplemental appropriation in the amount of $36,000. This amount represents a subscription to eCivis, a grants management toolset and training solution. Local funds in the amount of $26,000 are needed with the remaining $10,000 being received from local organizations and/or schools depending on interest. See attached memo, p. 63-71. The committee recommends approval. -APPROVED Upon a motion by Supervisor Ewing, seconded by Supervisor DeHaven, the Board approved Minute Book Number 33 Board of Supervisors Regular Meeting of 08/22/07 04~ the above request 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 _ 10. The County Administrator requests an FY 2008 General Pund supplemental appropriation in the amount of $120,000. This amount represents operating expenses, salaries and fringes to hire a County Attorney and one support position. Local funds are required. See attached information, p. 72-75. The committee recommends approval. -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 11. The County Administrator requests an FY 2008 General Fund supplemental appropriation in the amount of $62,310. This amount represents a carry forward of funds for equipment at the Public Safety Building. Local funds needed. See attached memo, p. 71. (item l l Was Deleted from the Agenda.) 12. The School Director of Finance requests an FY 2008 NREP Operating Fund supplemental appropriation in the amount of $658.40; an FY 2008 School Operating Fund supplemental appropriation in the amount of $147,406.03; an FY 2008 School Food Service Fund supplemental appropriation in the amount of $4,225.00; an FY 2008 School Capital Project Fund supplemental appropriation in the amount of $102,190.30; and an FY 2008 School Construction Fund supplemental appropriation in the amount of $2,001,693.59. These amounts represent outstanding purchase order balances at June 30, 2007. See attached information, p. 76-78. The committee recommends approval. -APPROVED Upon a motion by Supervisor Ewing, seconded by Supervisor Van Osten, 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 13. "1'he Finance Director requests an FY 2008 General Fund supplemental appropriation in the amount of $1,312,320.70; an FY 2008 NRAllC Fund supplemental appropriation in the amount of $40,839.68; an FY 2008 Landfill Fund supplemental appropriation in the amount of $953,325.17; an FY 2008 Capital Projects Fund supplemental appropriation in the amount of $2,554,655; and an FY 2008 Airport Authority Capital Projects Fund supplemental appropriation Minute Book Number 33 Board of Supervisors Regular Meeting of 08/22/07 X44 in the amount of $46,405.50. These amounts represent outstanding purchase order balances at June 30, 2007. See attached information, p. 79-80. The committee recommends the Capital Projects fund be forwarded to a public hearing and the remaining funds are recommended for 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 14. The Finance Director requests an FY 2007 General Fund supplemental appropriation in the amount of $4,514 and an FY 2008 General Fund supplemental appropriation in the amount of $14,996. These amounts represent appropriation of t81. Thecomm ttee re ommends approval. No additional local funds needed. See attached memo, p. -APPROVED Upon a motion by Supervisor Ewing, seconded by Supervisor Dove, 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 15.The Finance Director requests direction regarding unused funds, in the amount of $225,500, remaining at June 30, 2007 for transportation. See attached information, p. 82. The committee recommends re-appropriation of the funds into the current budget year. -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 Gene E. Fisher Charles S. DeHaven, Jr Gary W. Dove Bill M. Ewing Philip A. Lemieux Barbara E. Van Osten Aye Aye Aye Aye Aye Aye Aye ***For Information Only*** 1. All budget amendments that exceed 1 % of total expenditures require a public hearing. For FY 2008, this amount equals $2.45 million. The $500,000 limit no longer applies. See attached Code of Virginia °15.2-2507, p. 83. 2. CLEAN, lnc. sends a letter of appreciation for FY 2008 funding. See letter, p. 84. Minute Book Number 33 Board of Supervisors Regular Meeting or 08/22/07 04~ 3. The YDC sends a thank you note for FY 2008 support. See note, p. 85. 4. First Night Winchester sends a letter of appreciation for FY 2008 contribution. See letter, p. 86. 5. Bolton Partners, Inc. will present the Post-Retirement Medical and Life Insurance Benefits Actuarial Valuation as required by GASB 45 at the September 19, 2007 Finance Committee meeting. PUBLIC HEARING PUBLIC HEARING - AN ORDINANCE TO AMEND THE FREDERICK COUNTY CODE CHAPTER 158 VEHICLES AND TRAFFIC• AND ARTICLE IV LAW ENFORCEMENT OF PRIVATE ROADS AND STREETS• SECTION 158-16 SHAWNEELAND SUBDIVISION. THE PURPOSE OF THIS PROPOSED AMENDMENT WOULD PERMIT THE SHAWNEELAND SANITARY DISTRICT (AKA SHAWNEELANDI 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. THIS AMENDMENT WOULD BE IN ACCORDANCE WITH STATE LEGISLATION THAT WAS ADOPTED TO BE EFFECTIVF. JULY 1 2007. -APPROVED Administrator Riley advised this was a request from the ShawneeLand Sanitary District Advisory Board based on its concern over the lack of speed limit signs in their area. They are requesting the Board adopt an ordinance similar to the one approved for The Summit a few months ago. Chairman Shickle convened the public hearing. Clare Mullett, President of the Shawneeland Sanitary District Advisory Board Chairman, advised that over 2/3 of the residents in the area wanted this amendment and he encouraged the Board to adopt same. There being no further public comments, Chairman Shickle closed the public hearing. Upon a motion by Supervisor Van Osten, seconded by Supervisor Dove, the Board approved the Ordinance to amend Chapter 158, Vehicles and Traftc, Article IV, Law Enforcement of Private Roads and Streets, Section 158-16, Shawneeland. Subdivision. BE IT ORDAINED, that Chapter 158, Vehicles and Traffic; Article IV, Law Enforcement of Private Roads and Streets, by the amendment of Section 158-16, Shawneeland Subdivision, to read as follows: §158-16. ShawneeLand subdivision. A. The private roads and streets in the subdivision known as "ShawneeLand" shall be designated as highways for law enforcement purposes only. Minute Book Number 33 Board of Supervisors Regular Meeting of 08/22/07 046 g. 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 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 HEARINGS PATTON HARRIS RUST & ASSOCIATES TO REZONE 30.26 ACRES FROM RA RURAL AREAS) DISTRICT TO RP (RESIDENTIAL PERFORMANCE) DISTRICT AND 15 18 ACRES FROM MHl (MOBILE HOME COMMUNITY) DISTRICT TO RP RESIDENTIAL PERFORMANCE DISTRICT. TOTALING 45.44 ACRES WITH PROFFERS FOR UP TO 240 SINGLE FAMILY ATTACHED HOMES TOWNHOUSES .THE PROPERTIES ARE LOCATED SOUTH AND ADJACENT TO ROUTE 7 EAST AND ADJACENT TO BLUE RIDGE MOBILE HOME PARK AND ARE IDENTIFIED BY PROPERTY IDENTIFICATION NUMBERS 55-A-161 55-A-165A _55-A-166 55-A-167 55-A-167A 55-A-168 55-A-174A 55-A-174B AND 55-A-174D IN THE RED BUD MAGISTERIAL DISTRICT. POSTPONED FROM JUNE 13 2007 BOARD MEETING. REFERRED BACK TO PLANNING COMMISSION AT JULY 25 2007 BOARD MEETING) -APPROVED Deputy Director of Planning and Development Michael Ruddy appeared before the Board regarding this item. He advised this was a proposal to rezone 45.44 acres from RA (Rural Areas) District and Mlll (Mobile Home Community) District to RP (Residential Performance) District to accommodate 240 single family attached townhouses. This proposal was previously sent back to the Planning Commission for additional review, as the proposal had changed from what the Commission had originally considered. The Commission held an additional public hearing and unanimously recommended approval. Deputy Director Ruddy advised the applicant had proffered the following: - A generalized development plan. - Signalization at the intersection of Valley Mill Road and Route 7, prior to the issuance of the 50th building permit or within 180 days of receipt of VDOTIEs request to install. - Reserved to dedication an area of open space for future transportation improvements. - $25,000 contribution to the County for security fencing at Star Fort. Minute Book Number 33 Board of Supervisors Regular Meeting of 08/22/07 047 - $15,530 for each single family attached residential dwelling unit to offset capital costs. Supervisor Dove stated he was glad to see the county was getting proffers, but he was "baffled" by the $25,000 for Star Fort. He said "hats ofP' to whomever though of that. Patrick Sowers, Patton, Harris, Rust, & Associates, and Clifford L. "Clay" Athey, Jr., Attorney, appeared before the Board on behalf of the applicant. - __ Mr. Sowers stated he was present to answer any questions the Board might have. Supervisor Lemieux asked VDOT for clarification regarding installation of the traffic light at Valley Mill Road and Route 7. He wanted to know if VDOT would require the signal earlier than the 50th building permit. Jerry Copp, VDO"I' Resident );ngineer, responded that VDOT could ask the applicant to install the signal once the first building permit is issued and he believed the signal would be needed prior to the 50th building permit. Chairman Shickle convened the public hearing. Kirk Matthews, Red Bud District, stated significant consideration needed to be given to the impact on water/sewer services, schools, and transportation. He asked the Board to consider the impacts already being put into this area. He concluded by urging the Board to consider the safety of the children. There being no further comments, Chairman Shickle closed the public hearing. Mr. Athey responded to some of the issues raised during the public hearing. With regard to the Haggerty development, Mr. Athey stated this project includes the construction of an additional road, which would access Route 7 farther to the east. With regard to the Carriage Park project, the entrance would be constructed between Route 7 and the one lane bridge and the road system would align with Route 37 and improve the intersection. He went on to say the current zoning of MH1 allows 10 units per acre, so he believed this proposal was a downzoning. This project will also solve the current problem on Route 7, which is access to the mobile home park by allowing the mobile home park residents to utilize the project's road to access Route 7. He concluded by saying he would appreciate the Board's support of this application. Upon a motion by Supervisor Lemieux, seconded by Vice-Chairman Fisher, the Board approved Rezoning #12-06. Minute Book Number 33 Board of Supervisors Regular Meeting or 08/22/07 048 The above 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 -REZONING #OS-07 OF ADMIRAL BYRD CENTER --- SUBMITTED BY STOWEENGINEERING PLC TO REZONE 11.4 ACRES FROM Ml (LIGHT INDUSTRIALI DISTRICT TO B2 (GENERAL BUSINESS) DISTRICT, WITH PROFFERS FOR OFFICE AND RETAIL U5ES. THE PROPERTY IS LOCATED ON THE SOUTH SIDE OF AIRPORT ROAD (ROUTE 645) DIRECTLY ACROSS FROM THE WINCHESTER REGIONAL AIRPORT TERMINAL BUILDING AND IS IDENTIFIED BY PROPERTY IDENTIFICATION NUMBER 60-A-401 IN THE SHAWNEF. MAGISTEItiAL DISTRICT. -APPROVED Deputy Director of Planning and Development Michael Ruddy appeared before the Board regarding this item. He advised this was a proposal to rezone 11.4 acres from M 1 (Light Industrial) District to B2 (General Business) District. The land use is designated as industrial and is located in the Sewer and Water Service Area. This property represents a prime economic development location. The applicant has proffered a generalized development plan, which clarifies the location of entrances, landscaping, and parking. There shall be no more than 23,000 square feet utilized for any retail entity and retail shall be restricted to the first floor. The applicant has proffered to prohibit a number of B2 uses. The applicant has proffered that no more than 40% of the gross floor area can be used for retail. The applicant will participate in the signalization of Route 50 and Victory Road. The Planning Commission recommended approval of this rezoning application. Deputy Director Ruddy noted the property's current zoning is consistent with the adopted land. use plan. Tim Stowe, Stowe Engineering, appeared before the Board on behalf of the property owner. He stated the applicant recognizes the concern about the loss of M1 land and has requested to rezone only part of the property. He went on to say the applicant has proffered a tremendous amount of landscaping. He noted signage would be limited to monument style signs at each entrance. The goal of this project is to provide services (e.g. banking, real estate, retail, etc.) to the businesses in that area. Supervisor Van Osten asked if any consideration would be given to design and construction materials (e.g. canopies). Mr. Stowe responded that the applicant's intent was to utilize higher end materials. Minute Book Number 33 Board of Supervisors Regular Meeting of 08/22/07 04S Chairman Shickle convened the public hearing. Ed Sears, adjacent property owner, appeared before Board and spoke in favor of this proposal. He encouraged the Board to rezone this property because he thought a commercial arm was needed in that area and this was the best and last chance to get a commercial site there. There being no further comments, Chairman Shickle closed the public hearing. Supervisor Dove stated he was liaison for the Economic Development Commission and read a copy of a letter from Executive Director Patrick Barker stating the EDC's opposition to this proposal. He stated he could not support this application. Supervisor Van Osten stated she supported the Executive Director's comments, but she was an advocate for allowing the service industry to become part of the M-1 District. Upon a motion by Vice-Chairman Fisher, seconded by Supervisor Van Osten, the Board approved Rezoning #OS-07. Vice-Chairman Fisher stated he was concerned about losing M-1 property, but believed this location was an appropriate site for this rezoning. The above motion was approved by the following recorded vote: Richard C. Shickle Nay Gene F,. Fisher Aye Charles S. DeHaven, Jr. Aye Gary W. Dove Nay Bill M. Ewing Aye Philip A. Lemieux Aye Barbara E. Van Osten Aye PUBLIC HEARING -UPDATE OF THE 2008-2009 FREDERICK COUNTY SECONDARY PRIMARY AND INTERSTATE ROAD IMPROVEMENT PLANS. THE SECONDARY PRIMARY AND INTERSTATE ROAD IMPROVEMENT PLANS ESTABLISH PRIORITIES FOR IMPRO VEMENTS TO THE SECONDARY PRIMARY AND INTERSTATE, ROAD NETWORKS WITHIN FREDERICK COUNTY. - (RESOLUTION #'S 009-07 010 07 AND 011 07) APPROVED Transportation Planner John Bishop appeared before the Board regarding this item. He advised this was the annual update of the 2008-2009 Frederick County Secondary, Primary, and Interstate Road Improvement Plans. He stated there were very few changes to the plan. With regard to the Interstate Improvement Plan, the only change was: Item B - "Widen I-81 from Fairfax Pike to Route 37 North. This should include the relocation of the 277 Interchange, Exit 307, further south to alleviate existing and future congestion on Fairfax Pike. Frederick County would also request continued VDOT assistance and support in the effort to relocate Exit 307." Minute Book Number 33 Board of Supervisors Regular Meeting of 08/22/07 J50 Under the Primary Road Plan, Route 37 remains a top priority, but the phasing of the project has been changed. He noted that last year's item C was now separated into two phases. He went on to say that as Koute 37 is constructed/implemented, the Board would see more phasing ofthis project. Under the Secondary Road Plan major road improvement projects included Warrior Road, Spine Road, and the East Tevis Street extension. Under the hard surface road improvement projects there have been two additions, Warm Springs Road and Woodside Road. Transportation Planner Bishop concluded by saying the Transportation Committee and the Planning Commission recommended approval of these updates. Vice-Chairman Fisher asked if Route 644 would be hard surfaced all the way to the Clarke County Line. VDOT Resident Engineer Jerry Copp responded that the ford had been abandoned; therefore, the hardsurface would stop before the Clarke County line. Chairman Shickle convened the public hearing. There were no public comments. Chairman Shickle closed the public hearing. Upon a motion by Supervisvr DeHaven, seconded by Supervisor Van Osten, the Board approved the adoption of the 2008-20091nterstate, Primary, and Secondary Road Plans. Resolution #009-07 2008-2009 Interstate Road Improvement Plan WHEREAS, the Frederick County Transportation Committee and the Frederick County planning staff reviewed the proposed 2007-2008 Interstate Road Improvement Plan for Frederick County; and WHEREAS, the Frederick County Transportation Committee recommended approval ofthis plan on June 18, 2007; and WHERF,AS, the Frederick County Planning Commission held a public hearing and recommended approval ofthis plan at their meeting on July 18, 2007; and WHEREAS, the Frederick County Board of Supervisors had previously agreed to assist in the preparation ofthis plan in accordance with the Virginia Department of Transportation's policies and procedures and participated in a public hearing on the proposed plan, after being duly advertised so that all citizens of the County had the opportunity to participate in said hearing and to make comments and recommendations concerning the proposed plan and priority list; and WHEREAS, a representative of the Virginia Department of Transportation appeared before the Board during the public hearing; and Minute Book Number 33 Board of Supervisors Regular Meeting of 08/22/07 051 WHEREAS, the Frederick County Board of Supervisors support the priorities of the interstate road improvement projects for programming by the Commonwealth Transportation Board and the Virginia Department of "transportation. NOW, THERF,FORE, BE IT ORDAINED by the Frederick County Board of Supervisors as follows: The 2008-2009 Interstate Road Improvement Plan appears to be in the best interest of the citizens of Frederick County and the Interstate Road System in Frederick County; and therefore, the Frederick County Board of Supervisors hereby approves the 2008-2009 Interstate Road Improvement Plan for Frederick County, Virginia as presented at the public hearing held on August 22, 2007. Resolution #010-07 2008-2009 Primary Road Improvement Plan WHEREAS, the Frederick County Transportation Committee and the Frederick County planning staff revicwed the proposed 2007-2008 Primary Road Improvement Plan for Frederick County; and WHEREAS, the Frederick County Transportation Committee recommended approval ofthis plan on Junc 18, 2007; and WHEREAS, the Frederick County Planning Commission held a public hearing and recommended approval of this plan at their meeting on July 18, 2007; and WHEREAS, the Frederick County Board of Supervisors had previously agreed to assist in the preparation of this plan in accordance with the Virginia Department of Transportation's policies and procedures and participated in a public hearing on the proposed plan, after being duly advertised so that all citizens of the County had the opportunity to participate in said hearing and to make comments and recommendations concerning the proposed plan and priority list; and WHEREAS, a representative of the Virginia Department of Transportation appeared before the Board during the public hearing; and WHEREAS, the Frederick County Board of Supervisors support the priorities of the interstate road improvement projects for programming by the Commonwealth Transportation Board and the Virginia Department of Transportation. NOW, THF,REFORE, BE IT ORDAINED by the Frederick County Board of Supervisors as follows: The 2008-2009 Primary Road Improvement Plan appears to be in the best interest of the citizens of Frederick County and the Primary Road System in Frederick County; and therefore, the Frederick County Board of Supervisors hereby approves the 2008-2009 Primary Road Improvement Plan for Frederick County, Virginia as presented at the public hearing held on August 22, 2007. Resolution #Oll-07 2008-2009 Secondary Road Improvement Plan WHEREAS, the Frederick County Transportation Committee and the Frederick County planning staff reviewed the proposed 2007-2008 Secondary Road Improvement Plan for Frederick __ County; and WHEREAS, the Frederick County Transportation Committee recommended approval ofthis plan on June 18, 2007; and WHEREAS, the Frederick County Planning Commission held a public hearing and Minute Book Number 33 Board of Supervisors Regular Meeting of 08/22/07 052 recommended approval of this plan at their meeting on July 18, 2007; and WHEREAS, the Frederick County Board of Supervisors had previously agreed to assist in the preparation of this plan in accordance with the Virginia Department of Transportation's policies and procedures and participated in a public hearing on the proposed plan, after being duly advertised so that all citizens of the County had the opportunity to participate in said hearing and to make comments and recommendations concerning the proposed plan and priority list; and WHEREAS, a representative of the Virginia Department of'fransportation appeared before the Board during the public hearing; and WHEREAS, the Frederick County Board of Supervisors support the priorities of the interstate road improvement projects for programming by the Commonwealth Transportation Board and the Virginia Department of Transportation. NOW, THEREFORE, BE IT ORDAINED by the Frederick County Board of Supervisors as follows: The 2008-2009 Secondary Road Improvement Plan appears to be in the best interest of the citizens of Frederick County and the Secondary Road System in Frederick County; and therefore, the Frederick County Board of Supervisors hereby approves the 2008-2009 Secondary Road Improvement Plan for Frederick County, Virginia as presented at the public hearing held on August 22, 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 - 2007 COMPREHENSIVE POLICY PLAN UPDATF, - (RESOLUTION #012-07) -APPROVED Deputy Director of Planning and Development Michael Ruddy appeared before the Board regarding this item. He advised the Planning Commission held a public hearing on August 1, 2007 and recommended approval of the policy update. He stated these amendments would be inserted into the Comprehensive Plan and would include reformatted maps and a community facilities portion. it would also include an additional parks and recreation map amendment. He concluded by saying the Planning Commission unanimously recommended approval. Chairman Shickle asked if the Frederick-Winchester MPO bike plan, currently being advertised by the MPO, was included in this update. Deputy Director Ruddy responded no. Chairman Shickle asked about differences between the MPO plan and the one included as part of the Comprehensive Plan. Minute Book Number 33 Board or Supervisors Regular Meeting of 08/22/07 05~ Transportation Planner John Bishop stated there were significant differences between the two plans, as the MPO plan was more detailed. He went on to say that it seemed inappropriate to insert the MPO plan in this update since it had not been adopted by the MPO or either locality. Supervisor DeHaven stated he could not see any reason why the Board could not incorporate any additional updates as needed. - Supervisor Dove questioned the method used to determine the number of acres of park land per population base. Assistant Director of Parks and Recreation Jason Robertson stated those figures were a general recommendation that applied to both urban and rural localities. Supervisor Dove asked about the rationale for this change. Assistant Director Robertson responded that park classifications go onacreage, which differs based on the type of park. He went on to say if a proposed park size is smaller than five acres then they would be considered/aceepted on a case by case basis. Chairman Shickle convened the public hearing. Joanne Leonardis, Red Bud District and representative of Preserve Frederick, read the following statement: "Preserve Frederick would like to thank the Frederick County Board of Supervisors for their ongoing commitment to long-range planning that will result in a high quality of life for county residents. The Frederick County Comprehensive Policy Plan is meant to be a vision and guiding document for this county. The Community Facilities revision under consideration this evening offers an improvement to the current Comprehensive Plan, but it does not go far enough in providing a quality, detailed vision for the county and its citizens. More specifically, the revision offers little mention of the UDA Study and the Traditional Neighborhood Development (TND) initiative that has been the subject of considerable focus in our county for the last two years. Also, it does not yet meet the mandate in the Virginia Transportation Plan, passed this year by the General Assembly, requiring that the Comprehensive Plans for Urban Development Areas `must describe financial and other incentives for development in the UDA' and `must incorporate principles of new urbanism and traditional neighborhood development' in the UDA. In support of the LJDA Study and Traditional Neighborhood Development initiative and as a result of the incomplete nature of the Comprehensive Plan revisions now up for approval, Preserve Frederick recommends that the Board of Supervisors require the following additional steps in developing the 2008 revision of the Plan: • Present the UDA Study results to relevant county departments and provide the necessary technical assistance to help these departments implement Traditional Neighborhood Development into their plans. Minu[e Buok Number 33 Board of Supervisors Regular Meeting of 08/22/07 054 • Revise the map of potential park sites to locate more parks within the potential Neighborhood Villages and Urban Centers within the UDA to greatly increase the potential for public and proffered improvements. • Correct the major understatement of park acreage needed in the revision under consideration tonight. The revised plan states that 286 acres of park land are needed to meet current demand in the county. But the Virginia Outdoors Plan states that Frederick County needs nearly twice that much parkland, 480 acres, to meet the parks needs of its current population. • Direct the Parks and Recreation Department to accept proffers only for parks and open-space open to all county residents. As Home Owners Association (HOA) parks are not open to the general public, these should not be counted toward the park acreage required to meet the goals of the Virginia Outdoors Plan. • Direct Parks and Recreation to place more emphasis and funding on small parks accessible to neighborhoods, rather than solely on District Parks, that require users to drive. • Request that Parks and Recreation conduct a Countywide Parks and Recreation Needs Assessment to aid in the development of a much needed Public Parks Master Plan to be included in the 2008 Comprehensive Plan revision. • Once these revisions are made to the plan, Parks and Recreation should provide an opportunity for public review a map of potential UDA park sites, particularly within Neighborhood Villages and Urban Centers. • As a result of coordinated efforts, plan for co-location of parks, schools, and libraries onto a single site, to create a public center in the UDA's Neighborhood Villages and Urban Centers. Also, since pedestrian mobility and connectivity is such an important component of Traditional Neighborhood Development, Preserve Frederick encourages the Board of Supervisors to thoroughly explore all avenues of funding for the implementation of the MPO Bike and. Pedestrian Mobility Plan. As mandated by the state transportation bill, Frederick County should embrace, plan and fund Traditional Neighborhood Development in the Urban Development Area. In this way, the county could meet growth demands, assure a sustainable community and maintain a high quality of life for the citizens of Frederick County. As always, Preserve Frederick is eager to participate and assist in any capacity in all comprehensive plan revisions and updates. "thank you for your time and consideration. Please do not hesitate to contact Preserve Frederick if you have any questions or need additional information at preservefrederickna,yahoo.com." There being no further public comments, Chairman Shickle closed the public hearing. Upon a motion by Supervisor Van Osten, seconded by Supervisor Dove, the Board approved the amendment to update the Frederick County 2003 Comprehensive Policy Plan as the 2007 Comprehensive Policy Plan; including amendments to Chapter 8, Community Facilities and Services, and Chapter 9, Parks and Recreation. Minute Book Number 33 Board of Supervisors Regular Meeting of 08/22/07 05F WHEREAS, an amendment to update the Frederick County 2003 Comprehensive Policy Plan as the 2007 Comprehensive Policy Plan including amendments to Chapter 8, Community Facilities and Services, and Chapter 9, Parks and Recreation, to reflect an update to the Community Facilities and Services and Parks and Recreation Chapters of the Comprehensive Policy Plan, were reviewed by the Comprehensive Plans and Programs Subcommittee (CPPS), and the Planning Commission during their regularly scheduled meetings; and WHEREAS, this 2007 update of the Comprehensive Policy Plan also includes updated map products that have a consistent format; and WHEREAS, this 2007 update ofthe Comprehensive Policy Plan incorporates the following Comprehensive Policy Plan amendments that have occurred from October 1, 2003 through August 1, 2007: Amendments Eastgate - 178 acres SWSA BOS approved 11/10/04 Eastern Road Plan 2005 -Spine Road BOS approved 05/11/05 Tasker Woods Land Use Plan Tasker Woods - 57 acres UDA / 79 acres SWSA BOS approved 07/13/05 West Jubal Early Land Use Plan Bridgeforth - 267 acres UDA /SWSA Expansion BOS approved 01/11/06 Round Hill Community Land Use Plan Round Hill Community - 251 acres SWSA Expansion BOS approved 05/10/06 UDA/SWSA Boundary Modification Exercise BOS approved 09/13/06 Eastern Road Plan 2006 -General Update BOS approved 11/08/06 UDA/SWSA Land Use Policy Modifications BOS approved 11/08/06 UDA Study Land Use Policy Text -Addition to Existing Land Use Policies BOS approved 02/28/07; and WHEREAS, the Comprehensive Plans and Programs Subcommittee (CPPS) recommended approval of the 2007 update of the Comprehensive Policy Plan on April 9, 2007; and WHEREAS, the Planning Commission held a public hearing on the 2007 update of the Comprehensive Policy Plan on August 1, 2007; and WHEREAS, the Board of Supervisors held a public hearing on the 2007 update of the Comprehensive Policy Plan on August 22, 2007; and WHEREAS, the Frederick County Board of Supervisors finds the adoption of the 2007 update of the Comprehensive Policy Plan to be in the best interest of the public health, safety, welfare, and in good planning practice. Minute Book Number 33 Board of Supervisors Regular Meeting of 08/22/07 056 NOW, THEREFORE, BE IT ORDAINED by the Frederick County Board of Supervisors that the Frederick County 2003 Comprehensive Policy Plan is updated as the 2007 Comprehensive Policy Plan; including amendments to Chapter 8, Community Facilities and Services, and Chapter 9, Parks and Recreation, also including updated map products that have a consistent format; and incorporating the above referenced Comprehensive Policy Plan amendments that have occurred from October 1, 2003 through August 1, 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 MASTER DEVELOPMENT PLAN - HAGGERTY PROPERTY -APPROVED Deputy Director of Planning and Development Michael Ruddy appeared before the Board regarding this item. He advised this was a master development plan for the construction of 300 single family detached and attached units. The plan shows right-of--way dedication for Route 37 and 33 acres of open space. He went on to say the proposed east/west connector road was consistent with the Eastern Road Plan. The applicant has accommodated the road efficiency buffer. He concluded by saying the plan satisfied the requirements of the zoning and subdivision ordinances, meets the rezoning proffers, and staff is seeking authority to administratively approve this master development plan. Upon a motion by Supervisor Lemieux, seconded by Supervisor Dove, the Board granted staff authority to administratively approve master development plan #04-07. Supervisor DeHaven noted this plan meets the ordinance requirement and its approval is a ministerial decision. 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 MASTER DEVELOPMENT PLAN - WALTERS PROPERTY -APPROVED Senior Planner Candice Perkins appeared before the Board regarding this item. She advised this was a master development plan for five single family detached traditional residential 15,000 Minute Book Number 33 Board of Supervisors Regular Meeting of 08/22/07 057 square foot lots on a 2.7 acres parcel zoned RP (Residential Performance) District located in the Stonewall Magisterial District. The lots would be accessed via a new public road with a temporary cul-de-sac. She concluded by saying this master development plan was consistent with the requirements of the zoning ordinance. Supervisor DeHaven asked if the proposed road (Scaleby Road) would be constructed to the property line. Mike Artz, Artz Associates, responded that the right-of-way would extend to the property line, but the road would not be constructed to the property line. He went on to say that the cul-de-sac could be constructed to the property line. Supervisor DeHaven stated the construction of the road to the property line was a concern. Mr. Artz responded that he would work with staff on that issue. Upon a motion by Supervisor DeHaven, seconded by Supervisor Lemieux, the Board granted staff authority to administratively approve master development plan #07-07, with Scaleby Drive to be constructed to the property line. 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 MEMORANDUM RE: 2007 COMPREHENSIVE POLICY PLAN AMENDMENT (CPPA) REQUESTS -APPROVED Senior Planner Candice Perkins advised that the Board had reached a consensus during its joint worksession with the Planning Commission regarding which applications merited further study. The only application to merit further individual study was the Route 277 Mixed Use Urban Center. Two other applications, the East Gate Route 522 and Fairfax pike Mixed Use Development, were to be studied as part of the larger Route 277 triangle study. She went on to say that staff was seeking direction from the Board regarding these applications and also direction concerning prioritization of the Route 277 study as part of the department's work load. Upon a motion by Vice-Chairman Fisher, seconded by Supervisor Van Osten, the Board forwarded application #04-07, East Gate Route 522 and application # 10-07, Fairfax Pike Mixed Use Minute Book Number 33 Board of Supervisors Regular Meeting of 08/22/07 X58 Development to the Comprehensive Plans and Programs Subcommittee for further study. The above motion was approved by the following recorded vote: Richard C. Shickle Nay Gene E. Fisher Aye Charles S. DeHaven, Jr. Aye Gary W. Dove Nay Bill M. Ewing Aye Philip A. Lemieux Aye Barbara E. Van Osten Aye Upon a motion by Vice-Chairman Fisher, seconded by Supervisor Van Osten, the Board authorized the study of the Route 277 triangle to include the parcels contained in applications #04-07 and #10-07. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Gene F,. Fisher Aye Charles S. lleHaven, Jr. Aye Gary W. Dove Aye Bill M. Ewing Aye Philip A. Lemieux Aye Barbara E. Van Osten Aye Upon a motion by Supervisor Ewing, seconded by Supervisor Van Osten, the Board approved the study of application #08-07, Route 277 Mixed Use Urban Center. The above motion was approved by the following recorded vote: Richard C. Shickle Nay Gene E. Fisher Nay Charles S. DeHaven, Jr. Aye Gary W. Dove Nay Bill M. Ewing Aye Philip A. Lemieux Aye Barbara E. Van Osten Aye Supervisor DeHaven stated that he expects staff to come back at a future meeting regarding the prioritization of this study. BOARD LIAISON REPORTS Supervisor Van Osten advised the Conservation Easement Authority was planning an event at the Museum of the Shenandoah Valley and she hopes the board members would attend. CITIZEN COMMENTS There were no citizen comments. BOARD OF SUPERVISORS COMMENTS Minute Book Number 33 Board of Supervisors Regular Meeting of 08/22/07 058 There were no Board of Supervisors' 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. (9:10 P.M.) ,-> Richard C. Shickle Chairman, Board of Supervisors f ~n R. Ri ey, Jr. Clerk, Board of Supervisors Minutes Prepared By: ~,,~ ~ ~ ~~~ Jay E. Ti bs Deputy Clerk, Board of Supervisors Minute Book Number 33 Board of Supervisors Regular Meeting of 08/22/07