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September 26 2007 Regular Meeting083 A Regular Meeting of the Frederick County Board of Supervisors was held on Wednesday, September 26, 2007, at 7:15 P.M., in the Board of Supervisors' Meeting Room, County Administration Building, 107 North Kent Street, Winchester, Virginia. PRESENT Chairman Richard C. Shickle; Vice Chairman Gene E. Fisher; Charles S. DeHaven, Jr.; Gary W. Dove; Bill M. Ewing; Philip A. Lemieux; and Barbara E. Van Osten. CALL TO ORDER Chairman Shickle called the meeting to order. INVOCATION Vice-Chairman Fisher delivered the invocation. PLF,DGE OF ALLEGIANCE Vice-Chairman Fisher led the Pledge of Allegiance. ADOPTION OF AGENDA -APPROVED County Administrator John R. Riley, Jr. advised there were no additions or changes to the agenda. Upon a motion by Supervisor DeHaven, seconded by Supervisor Van Osten, the Board approved the agenda as presented. The above motion was approved by the following recorded vote: Kichard 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 Boards consideration under the consent agenda: - Memorandum Re: Cancellation of Board Meetings During 2007 Holiday Season -Tab C; - Resolution Providing for the Implementation of the Comprehensive Corrections Act for Local Responsible Offenders. The Pretrial Services Act and the Establishment of the Old Dominion Community Criminal Justice Board -Tab D; Minute Book Number 33 Board of Supervisors Kegular Meeting of 09/26/07 084 - Discussion of Site Plan #57-07 - Westview Business Center, Lot 16 -Tab J. Upon a motion by Supervisor Van Osten, seconded by Supervisor Ewing, the Board approved the consent 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 Barbara E. Van Osten Aye CITIZEN COMMENTS There were no citizen comments. BOARD OF SUPF,RVISORS COMMENTS Vice-Chairman Fisher urged the citizens to begin voluntary water conservation measures due to the extremely dry summer and low surface water levels. Chairman Shickle congratulated County Administrator John R. Riley, Jr. on being recognized by the Shenandoah University Institute for Government and Public Service. He stated the honor was well received. MINUTES-APPROVED Upon a motion by Supervisor DeHaven, seconded by Supervisor Ewing, the Board approved the minutes from the September 12, 2007 Regular Meeting. Supervisor Dove stated he would abstain from voting, as he was not present at that 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 Abstained Bill M. Ewing Aye Philip A. Lemieux Aye Barbara E. Van Osten Aye COUNTY OFFICIALS COMMITTEE APPOINTMENTS APPOINTMENT OF HELEN LAKE TOOTIE RINKER, MARGARET DOUGLAS, AND CAROLYN GLAIZE TO TIIF, FREDERICK COUNTY GRIEVANCE PANEL - APPROVED Minute Book Number 33 Board of Supervisors Kegular Meeting of 09/26/07 085 Upon a motion by Supervisor Van Osten, seconded by Supervisor Dove, the Board appointed Helen Lake, Tootie Rinker, Margaret Douglas, and Carolyn Glaize to the Frederick County Grievance Panel. 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 APPOINTMENT OF JOHN MARKER TO THE CONSERVATION EASEMENT COMMITTEE -APPROVED iJpon a motion by Supervisor Van Osten, seconded by Supervisor DeHaven, the Board appointed John Marker to the Conservation Easement Authority. This is a three year appointment, said term to expire September 26, 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 APPOTNTMENT OF ROBERT S. EDWARDS AS FREDERICK COUNTY REPRESENTATIVE ON THE SHENANDOAH AREA AGENCY ON AGING - APPRO VED Upon a motion by Supervisor Ewing, seconded by Supervisor Dove, the Board appointed Robert S. Edwards to serve as Frederick County Representative on the Shenandoah Area Agency on Aging. This is a four year appointment, said term to expire September 30, 2011. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Gene E. Fisher Aye Charles S. DeHaven, Jr. Aye Gary W. Dove Aye Bill M. Ewing Aye Philip A. Lemieux Aye Barbara E. Van Osten Ayc MEMORANDUM RE: CANCELLATION OF BOARD MEETINGS DURING 2007 HOLIDAY SEASON -APPROVED UNDER THE CONSENT AGENDA Minute Book Number 33 Board of Supervisors Regular Meeting of 09/26/07 086 The Board canceled the last Board meeting inNovember and December, November 28, 2007 and December 26, 2007, due to the Thanksgiving and Christmas holidays. RESOLUTION (#016-07) PROVIDING FOR THE IMPLEMENTATION OF THE COMPREHENSIVE CORRECTIONS ACT FOR LOCAL RESPONSIBLE OFFENDERS. THE PRETRIAL SERVICES ACT AND THE ESTABLISHMENT OF THE OLD DOMINION COMMUNITY CRIMINAL JUSTICE BOARD -APPROVED UNDER THE CONSENT AGENDA WHEREAS, the Virginia General Assembly has adopted legislation entitled the Comprehensive Community Corrections Act for Local Responsible Offenders, Article 9 (§9.1-173 et. seq.) of the Code of Virginia and the Pretrial Services Act, Article 5 (§ 19.2-152.2 et seq.) of the Code of Virginia, both of which were effective July 1, 1995; and WHEREAS, §9.1-174 and 19.2-152.2 of the Code of Virginia requires counties and cities approved. for a jail project pursuant to §53.1-82.1 to develop and establish services in accordance with both Acts; and WHEREAS, §9.1-178 and 19.2-152.5 of the Code of Virginia require that each county and city establishing and operating local community-based probation and pretrial services establish a Community Criminal Justice Board, and in the case of multi jurisdictional efforts, that each jurisdiction mutually agree upon the number of appointments to said board. BE IT THEREFORE RESOLVED that the County of Frederick jointly agrees with the Counties Clarke and the City of Winchester to implement the services and programs required by the Comprehensive Community Corrections Act for Local Responsible Offenders and the Pretrial Services Act with, pursuant to §9.1-183, the County of Frederick acting as the administrator and fiscal agent on behalf of the participating localities; BE IT FURTHER RESOLVED that the County of Frederick establishes the Old Dominion Community Criminal Justice Board; that said board shall fulfill its responsibilities pursuant to §9.1-180; and shall be composed of the following members, pursuant to §9.1-178 of the Code of Virginia. • One representative of the governing bodies of each participating jurisdiction • A circuit court judge representing the 26th Judicial Circuit (s) as agreed upon by the judges of said circuit • A judge of general district court, representing the 26th Judicial District (s) as agreed upon by said judges of the district • A judge of the juvenile and domestic relations district court representing the 26th Judicial District (s) as agreed upon by the said judges of the district • The Chief Magistrate • A Commonwealth's Attorney representing all of the Commonwealth's Attorneys of the participating jurisdictions • A public defender where available in the participating localities and/or an attorney experienced in the defense of criminal matters who are current members of the Virginia State Bar • A sheriff or, where available, the regional jail administrator responsible for jail(s) serving the jurisdictions involved in local pretrial and community-based probation services Minute Book Number 33 Board of Supervisors Regular Meeting of 09/26/07 087 • A Chief of Police or a Sheriff in a jurisdiction not served by a police department to represent all law enforcement agencies of the participating jurisdictions • A Community Services Board Administrator representing all agencies providing such services to participating jurisdictions A representative of local adult education representing all agencies providing such services to participating jurisdictions BE IT FURTHER RESOLVED that this resolution supersedes and replaces all prior resolutions approved by the locality relating to the establishment of required services and the formation of the Old Dominion Community Criminal Justice Board. BE IT FURTHER RESOLVED that the County of Frederick appoints the County Administrator as its governing body representative to begin September 26, 2007 and extend until further amendment This item was approved under the consent agenda. RF,OUEST FROM THE COMMISSIONER OF THE REVENUE FOR REFUND - APPROVED Administrator Riley advised that the Commissioner of the Revenue requested authorization for the Treasurer to refund $18,327.24 to Arcadia Building Company for overpayment of estimated business license for 2006. The Commissioner's staff verified all data and the necessary information on this refund. The County Attorney reviewed the request and stated the refund appeared to be justified. Upon a motion by Supervisor Ewing, seconded by Supervisor DeHaven, the Board approved the refund request. 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: LANllFILL PROPERTY PURCHASE - YEATRAS PROPERTY-APPROVED Administrator Riley advised that the Landfill Oversight Committee recommended the county purchase 56 acres of land located at 674 Sulphur Springs Road known as the Yeatras property. The suggested purchase price was $17,000 per acre. Funds for this acquisition would come from Landfill Reserves He went on to say staff previously provided the Board with documentation to ensure they were satisfied with the purchase price, based upon its value to the Frederick County Minute Book Number 33 Board of Supervisors Regular Meeting of 09/26/07 X88 Landfill. In addition, the City of Winchester authorized the Landfill Oversight Committee and Frederick County to proceed with the necessary negotiations and purchase of this property. Also, Clarke County's Board of Supervisors stated their consensus for the committee and county to proceed with the purchase of same. He concluded by saying staff was seeking Board action regarding the purchase of this property. Upon a motion by Supervisor Dove, seconded byVice-Chairman Fisher, the Board approved the purchase of 56 acres of land located at 674 Sulphur Springs Road from George, Peter, and Chris Yeatras for the sum of $952,000.00, with funding to come from Landfill Reserves, and authorize the Chairman to sign the Real Estate Contract on behalf of the county. 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: FIRE & RESCUE JOINT SERVICE AGREEMENT - (RESOLUTION #017-071- APPROVED Administrator Riley advised that the Chief's' Working Croup requested that consideration of the Fire & Rescue Joint Service Agreement be postponed until this meeting in order to allow them to discuss the changes with their individual companies before giving a final endorsement/acceptance of the agreement. The Board accommodated this request and staff brought forth a version of the Fire and Rescue Joint Agreement that had been reviewed by all parties and found to be acceptable to each. Staff was seeking the Board's approval of this agreement and authorization for the Chairman to execute same on behalf of the county. He added this had been an interesting exercise between the county and the Company Chiefs and the dialogue had been productive. He concluded by saying this document was not perfect, but it would be reviewed annually and expressed kudos to the Chiefs for taking the time to put this together. Supervisor Dove echoed Administrator Riley's remarks. Upon a motion by Supervisor Dove, seconded by Supervisor Van Osten, the Board approved the Fire and Rescue Joint Service Agreements and authorized the Chairman to execute same on behalf of the county. Minute Book Number 33 Board of Supervisors Regular Meeting of 09/26/07 os5 WHEREAS, the County and its volunteer fire and rescue companies have, for several decades, cooperated in order to provide exemplary fire and rescue services to the Citizens of Frederick County, Virginia; and WHEREAS, the County is committed to continued growth and improvement of its volunteer fire and rescue companies and assuring the safe and efficient provision of essential fire and rescue services; and WHERF,AS, the County and its volunteer fire and rescue companies prepared the Fire and Rescue Joint Agreement to further enhance the partnership between the county and the companies by defining the roles and responsibilities of each party, and to further support their joint mission to provide efficient and cost-effective fire and rescue services to the citizens of Frederick County. NOW, THEREFORE, BE IT RESOLVED, that the Board of Supervisors of the County of Frederick, Virginia, hereby approves the terms ofthe Joint Fire and Rescue Agreements with each of the county's volunteer companies. BE IT FURTHER RESOLVED, that the Chairman is hereby authorized to execute said Joint Fire & Rescue Agreements on behalf of the county. 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 Supervisors' Meeting Room, at 107 North Kent Street, on Wednesday, September 19, 2007, at 8:00 a.m. All members were present. 1. 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. This item was previously tabled until final FY 2007 year end balances were available. See attached information, p. 1-3. The committee recommends approval of funding the request over a two year period. -APPROVED Upon a motion by Supervisor Ewing, 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 E. Van Osten Aye 2. The Shenandoah Valley Discovery Museum requests an FY 2008 General Fund supplemental appropriation, partially or in full, in the amount of $700,000. Phis amount represents matching funds for state grants. Local funds are required. This item was previously tabled until Minute Book Number 33 Board of Supervisors Regular Meeting of 09/26/07 090 final FY 2007 year end balances were available. See attached information, p. 4-15. The committee recommends approval of $500,000 this fiscal year and to revisit the remaining request at a later date. - APPROVEll Upon a motion by Supervisor Ewing, 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 E. Van Osten Aye 3. Bolton Partners, lnc., the firm selected by the county to perform an actuarial valuation for post-retirement medical and life benefits, will present their report to the Finance Committee. See attached report, 16-37. No Action. 4. The School Finance Director requests a School Operating Fund supplemental appropriation in the amount of $87,537.80. This amount represents FY 2007 restricted funds that need to be carried forward to FY 2008. See attached memo, p. 38. The committee recommends approval. - APPROVEll Upon a motion by Supervisor F,wing, seconded by Vice-Chairman Fisher, 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 E. Van Osten Aye 5. The School Finance Director requests a School Operating Fund supplemental appropriation in the amount of $28,310.75. This amount represents insurance proceeds for bus repairs received in FY 2007 that need to be carried forward to FY 2008. See attached memo, p. 38. The committee recommends approval. -APPROVED Upon a motion by Supervisor Ewing, seconded by Supervisor DeHaven, 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 E. Van Osten Aye Minute Book Number 33 Board of Supervisors Regular Meeting of 09/26/07 091 6. The School Finance Director requests a School Capital Fund supplemental appropriation in the amount of $962,610.27. Of this amount, $18,429 represents remaining un-obligated FY 2007 School Operating funds that are requested to be appropriated to the School Capital Funds. The remaining $44,181.27 represents a carry forward of unused School Capital Funds. See attached memo for project list, p. 38-39. The committee recommends approval. -APPROVED Upon a motion by Supervisor Ewing, 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 E. Van Osten Aye 7. The School Finance Director requests a School Construction Fund supplemental appropriation in the amount of $3,709,767.69 to carry forward school construction project balances. See attached memo, p. 39. The committee recommends approval. - APPROVEll Upon a motion by Supervisor Ewing, seconded by Supervisor Dove, 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. F,wing Aye Philip A. Lemieux Aye Barbara E. Van Osten Aye S. The Clerk of the Circuit Court requests a General Fund supplemental appropriation in the amount of $191,127. This amount represents items and services requested from the State Compensation Board. No local funds are required. See attached memo, p. 40-41. The committee recommends approval. -APPROVED Upon a motion by Supervisor Ewing, seconded by Supervisor Dove, 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 E. Van Osten Aye 9. The Sheriffrequests aGeneral Fund supplemental appropriation in the amount of $6,350. This amount represents reimbursement from the State Circuit Court for prisoner extraditions. No local funds are required. See attached memo, p. 42-43. The committee recommends approval. - APPROVED Upon a motion by Supervisor Ewing, seconded by Supervisor Van Osten, the above request Minute Book Number 33 Board of Supervisors Regular Meeting of 09/26/07 X92 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 10.1'he Sheriff requests a General Fund supplemental appropriation in the amount of $273,743. This amount represents unspent grant fund and funds remaining at year end for the DARF, program. No local funds are required. See attached memo, p. 44. The committee recommends approval. -APPROVED Upon a motion by Supervisor Ewing, seconded byVice-Chairman Fisher, 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 Ayc Philip A. Lemieux Aye Barbara E. Van Osten Aye 11. The Director of Public Works requests a Capital Projects Fund supplemental appropriation in the amount of $51,136. This amount represents a re-appointment of the funds remaining for the Animal Shelter construction to pay outstanding invoices. 1'he committee previously approved a carry forward of $80,000 with the remaining tabled pending detailed information. See attached memo, p. 45-46. The committee recommends approval. - APPROVEll Upon a motion by Supervisor Ewing, seconded by Supervisor DeIlaven, 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 E. Van Osten Aye 12. The Director of Public Works requests a General Fund supplemental appropriation in the amount of $1,222. This amount represents unspent Litter-Thinned funds in FY 2007 to be re-appropriated in FY 2008. See attached memo, p. 47. The committee recommends approval. - APPROVED Upon a motion by Supervisor Ewing, seconded by Supervisor Dove, 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 Minute Book Number 33 Board of Supervisors Regular Meeting of 09/26/07 093 Bill M. Ewing Aye Philip A. Lemieux Aye Barbara E. Van Osten Aye 13. The Director of Public Safety Communications requests a General Fund supplemental appropriation in the amount of $69,499.90. This amount is needed for training and a phone system. Funds are requested to be re-apprvpriated from FY 2007. See attached memo, p. 48. The committee recommends approval of $10,324.75 with the remaining tabled awaiting further information. - APPROVED Upon a motion by Supervisor Ewing, seconded by Supervisor Van Osten, the Board approved $10,324.75 with the remaining tabled awaiting further information. 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 14. The Director of Public Safety Communications requests a General Fund supplemental appropriation in the amount of $150,000. This amount represents a State grant received for the new phone system. This request is for State funds only. See attached memo, p. 49-50. The committee recommends approval. -APPROVED Upon a motion by Supervisor Ewing, seconded by Supervisor DeHaven, 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 E. Van Osten Aye 15. The Director of Social Services requests a General Fund supplemental appropriation in the amount of $70,300. This amount is needed to offset FY 2008 budget cuts. These funds are requested to be re-appropriated from unspent funds in FY 2007. See attached memo, p. 51. The committee recommends approval. -APPROVED Upon a motion by Supervisor Ewing, seconded byVice-Chairman Fisher, the above request was approved by the following recorded vote: Richard C. Shickle Aye Gene E. Fisher Aye Charles S. DeIlaven, Jr. Aye Gary W. Dove Aye Bill M. Ewing Aye Philip A. Lemieux Aye Barbara E. Van Osten Aye Minute Book Number 33 Board of Supervisors Regular Meeting of 09/26/07 094 16. The Director of Public Works requests a General Fund supplemental appropriation in the amount of $18,000. This amount represents a re-appropriation of funds for lease payments for the Greenwood citizens convenience site. See attached memo, p. 52. The committee recommends approval. -APPROVED Upon a motion by Supervisor Ewing, seconded by Supervisor Lemieux, 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 Ayc Bill M. Ewing Aye Philip A. Lemieux Aye Barbara E. Van Osten Aye ***For Information Only*** L The FY 2007 Year End Presentation presented by Chairman Shickle during a press conference on Friday, September 7, 2007 is included. See p. 53-69. 2. The Metropolitan Washington Ear, Tnc. sends a thank you letter for the county contribution. Sce attached letter, p. 70-71. 3. The Northern Virginia 4-h Educational and Conference Center sends a letter of appreciation for FY 2008 funding. See attached letter, p. 72. 4. Our Health, Inc. sends a letter of appreciation for local support in FY 2008. See attached letter, p. 73-74. 5. The Lord Fairfax EMS Council, Ina sends a thank you letter for county funding. See attached letter, p. 75. PLANNING COMMISSION BUSINESS MASTER DEVELOPMENT PLAN #10-07 OF RENAISSANCE COMMERCIAL CENTER - AUTHORIZED STAFF TO ADMINISTRATIVELY APPROVE Senior Planner Candice Perkins appeared before the Board regarding this item. She advised this was a master development plan consisting of four tracts of land totaling 22.1 acres for commercial uses. The property is located on Valley Pike (Route 11). The property would be accessed via Renaissance Drive, which would connect Valley Pike to Shady Elm Road. The applicant has provided for the extension of Prosperity drive to its connection with Renaissance Drive. There would be one full entrance onto Valley Pike along with one right-in only and right-out only entrance and exit. She advised that staff was concerned about the additional access points. She also cited concerns with note #3 on the Master Development Plan, which cited the MPO 2030 study, but did not recognize the county's F,astern Road Plan, which called for Renaissance Drive to be an urban four-lane road. She stated the applicant was willing to revise the note and had agreed to come Minute Book Number 33 Board of Supervisors Regular Meeting of 09/26/07 095 up with a revised design for Renaissance Drive to meet the county's needs. Senior Planner Perkins went on to say the Planning Commission had approved a buffer modification request and recommended approval of this master development plan. She stated the proposed master development plan depicted appropriate land uses and appeared to be consistent with the 7,oning Ordinance and was in a form that was administratively apposable. She concluded by saying staff was seeking authority from the Board to administratively approve this master development plan. Planning Director Eric Lawrence advised the Board that the key proffer during the rezoning of Kerns town Business Park was the preservation of the right-of--way for Prosperity Drive and this master development plan met that proffer Evan Wyatt, Greenway F_,ngineering, appeared before the Board on behalf of the applicant. He advised that note #3 on the plan would be eliminated and revised. With regard to the construction of Renaissance Drive, Mr. Wyatt stated that Warrior Drive was the example he was thinking of for this preliminary construction. He spoke briefly regarding the proposed right-in, right-out entrance and exit and believed it was the appropriate thing to do. Vice-Chairman Fisher asked the applicant not to make the right-in only turn inviting to people and to use VDOT or other specs to help alleviate drivers turning left into the right-in only entrance. Upon a motion by Supervisor Van Osten, seconded by Vice-Chairman Fisher, the Board granted staff authority to administratively approve Master Development Plan # 10-07. 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 DISCUSSION OF SITE PLAN #57-07 - WESTVIEW BUSINESS CENTER. LOT 16 - APPROVED UNDER THE CONSENT AGENDA This site plan was included due to its implications on the planned relocation of Independence Drive as shown on the Frederick County Eastern Road Plan. No action by the Board was required, as this was brought forward for informational purposes only. BOARD LIAISON REPORTS Minute Book Number 33 Board of Supervisors Regular Meeting of 09/26/07 096 Supervisor Dove reported that the Fire and Rescue Association had asked if County had a policy regarding county residents being billed for ambulance services provided other localities. Chairman Shickle stated that might be an issue for the public safety committee and that should be approached based on the mutual aid agreements the county has with jurisdictions. CITIZEN COMMENTS There were no citizen comments. BOARD OF SUPERVISORS COMMENTS Supervisor Van Osten asked about the number of payday lenders in the county and in of the City of Winchester's actions if this warranted investigation. Staff was directed to research the number of lenders and the enabling legislation if any governed the locality's ability to regulate this issue. ADJOURN UPON A MOTION BY SUPERVISOR EWING, SECONDED BY DOVF,, THERE BEING NO FURTHER BUSINESS TO COME BEFORE THIS THIS MEETING IS HEREBY ADJOURNED. (8:00 P.M.) Richard C. Shickle Chairman, Board of Supervisors o ~ . Ri y, r. erk, Board of Supervisors Minutes Prepared By: ~,,_,._t~;.i ~ . `-1'~~ Jay bs Deputy Clerk, Board of Supervisors Minute Book Number 33 Board of Supervisors Regular Meeting of 09/26/07