Loading...
November 14 2007 Regular Meeting115 A Regular Meeting of the Frederick County Board of Supervisors was held on Wednesday, November 14, 2007, at 5:45 P.M., in the Board of Supervisors' Meeting Room, County Administration Building, 107 North Kent Street, Winchester, Virginia. PRESENT Chairman Richard C. Shickle; Vice Chairman Gene E. Fisher; Charles S. DeHaven, Jr.; Gary W. Dove; Bill M. Ewing; Philip A. Lemieux; and Barbara E. Van Osten. CALL TO ORDER Chairman Shickle called the meeting to order. BOARD RETIRED INTO CLOSED SESSION Upon amotion byVice-Chairman Fisher, seconded by Supervisor Dove, the Board convened in Closed Session pursuant to Code of Virginia, 1950, as Amended, Section 2.2-3711 A (3) to discuss acquisition and disposition of real estate and 2.2-3711 A (7) pending legal matters. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Gene E. Fisher Aye Charles S. Dellaven, Jr. Aye Gary W. Dove Aye Bill M. Ewing Aye Philip A. Lemieux Aye Barbara E. Van Osten Aye BOARD RF,CONVENED INTO REGULAR SESSION Upon a motion by Vice-Chairman Fisher, seconded by Supervisor Ewing, the Board came out of closed session and reconvened in Regular Session. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Gene E. Fisher Aye Charles S. DeHaven, Jr. Aye Gary W. Dove Aye Bill M. Ewing Aye Philip A. Lemieux Aye Barbara F,. Van Osten Aye Upon a motion by Vice-Chairman Fisher, seconded by Supervisor Van Osten, the Board certified that to the best of each board member's knowledge, only Virginia Code Section 2.2-3711 A (3) acquisition and disposition of real estate and 2.2-3711 A (7) pending legal matters were discussed. Minute Book Number 33 Board of Supervisors Regular Meeting of 11/14/07 16 The above motion was approved by the following recorded vote: Richard C. Shickle Aye Gene E. Fisher Aye Charles S. DeHaven, Jr. Aye Gary W. Dove Aye Bill M. Ewing Aye Philip A. Lemieux Aye Barbara E. Van Osten Aye RECESS Upon a motion by Supervisor DeHaven, seconded by Vice-Chairman Fisher, the Board recessed unti17:15 P.M. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Gcne E. Fisher Aye Charles S. DeHaven, Jr. Aye Gary W. Dove Aye Bill M. Ewing Aye Philip A. Lemieux Aye Barbara E. Van Osten Aye CALL TO ORDER Chairman Shickle called the meeting back to order. INVOCATION Reverend Daniel Hesse, Harvesters of Hope, 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 there were no additions to the agenda. Upon a motion by Supervisor Ewing, seconded by Supervisor Dove, the Board approved the 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 CONSENT AGENDA -APPROVED Minute Book Number 33 Roard of Supervisors Regular Meeting of 11/14/07 117 Administrator Riley offered the following item for the Board's consideration under the consent agenda: - Road Resolution -Autumn Glen, Sections 3 and 4 -Tab O. Upon a motion by Supervisor Dove, seconded by Supervisor DeHaven, 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. F,wing Aye Philip A. Lemieux Aye Barbara E. Van Osten Aye CITIZEN COMMENTS There were no citizen comments. BOARD OF SUPERVISORS There were no Board of Supervisors comments. MINUTES -APPROVED Upon a motion by Supervisor Dove, seconded by Supervisor Ewing, the minutes from the October 10, 2007 meeting were approved by the following recorded vote: Richard C. Shickle Aye Gene E. Fisher Aye Charles S. DeHaven, Jr. Aye Gary W. Dove Aye Bill M. F,wing Aye Philip A. Lemieux Aye Barbara E. Van Osten Aye PRESENTATION BY DOUG RINKER RE: UPDATE ON CONSERVATION EASEMENT AUTHORITY Doug Rinker and Keegan Clevenger appeared before the Board and presented a program on conservation easements. COMMITTEE APPOINTMENTS RICHARD C. SHICKLE REAPPOINTED AS A MEMBER OF THE NORTHERN SHENANDOAH VALLEY REGIONAL COMMISSION -APPROVED Upon a motion by Supervisor Ewing, seconded by Supervisor Dove, the Board reappointed Richard C. Shickle to the Northern Shenandoah Valley Regional Commission, for a four year Minute Book Number 33 Board or Supervisors Regular Meeting of 11/14/07 118 appointments, said term to expire December 31, 2011. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Gene E. Fisher Aye Charles S. DeHaven, Jr. Aye Gary W. Dove Aye Bill M. Ewing Aye Philip A. Lemieux Aye Barbara E. Van Osten Aye WILLIAM H. GRIM REAPPOINTED AS OPEOUON DISTRICT REPRESENTATIVE ON THE EXTENSION LEADERSHIP COUNCIL - APPROVF,D Upon a motion by Supervisor Ewing, seconded by Supervisor Van Osten, the Board reappointed William H. Grim to serve as Opequon District representative on the Extension Leadership Council. This is a four year appointment, said term to expire January 24, 2012. 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 RONALD MADAGAN REAPPOINTED AS OPEOUON DISTRICT REPRESENTATIVE ON THE PARKS ANll RECREATION COMMISSION - APPROVED Upon a motion by Supervisor F,wing, seconded by Supervisor Lemieux, the Board reappointed Ronald Madagan to serve as Opequon District representative on the Parks and Recreation Commission. This is a four year appointment, said term to expire January 14, 2012. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Gene E. Fisher Ayc Charles S. DeHaven, Jr. Aye Gary W. Dove Aye Bill M. Ewing Ayc Philip A. Lemieux Aye Barbara E. Van Osten Aye PAIGE MANUEL REAPPOINTED AS PLANNING COMMISSION MEMBER-AT-LARGE -APPROVED Upon a motion by Chairman Shickle, seconded by Vice-Chairman Fisher, the Board reappointed Paige Manuel as Planning Commission Member-At-Large. This is a four year Minute Book Number 33 Board of Supervisors Regular Meeting of 11/14/07 119 appointment, said term to expire January 26, 2012. 1'he above motion was approved by the following recorded vote: Richard C. Shickle Aye Gene E. Fisher Aye Charles S. DeHaven, Jr. Aye Gary W. Dove Aye Bill M. Ewing Aye Philip A. Lemieux Aye Barbara E. Van Osten Aye .TOHN R. RILEY, JR. REAPPOINTED AS FREDERICK COUNTY REPRESENTATIVE ON THE NORTHERN SHENANDOAH VALLEY DISABILITY SERVICES BOARD -APPROVED Upon a motion by Supervisor Dove, seconded by Supervisor Van Osten, the Board reappointed John R. Riley, Jr. as Frederick County Representative on the Northern Shenandoah Valley Disability Services Board. This is a three appointment, said term to expire January 31, 2011. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Gene E. Fisher Aye Charles S. DeHaven, Jr. Aye Gary W. Dove Aye Bill M. Ewing Aye Philip A. Lemieux Aye Barbara E. Van Osten Aye RECOGNITION OF COUNTY FINANCE DEPARTMENT RECEIVING AWARD FOR DISTINGUISHED BUDGET PRESENTATION FROM THE GOVERNMENT FINANCE OFFICERS ASSOCIATION (GFOA~ County Administrator John R. Riley, Jr. informed the Board that Frederick County received the award for distinguished budget presentation for the 22nd consecutive year. Only 4 other localities in the State of Virginia have received this award for a longer consecutive period. He went on to say that Frederick County was one of 441ocalities to receive both the Distinguished Budget Award and Excellence in Financial Reporting Award. He noted that Frederick County applied for an award from the Government Finance Officers Association for the Popular Annual Financial Report. This report is a 16 page, citizen-type guide to the County's Comprehensive Financial Report. According to the Government Finance Officers's website, there were only two localities, one being the Commonwealth of Virginia, that have received this award in Virginia. He stated he was proud to announce that Frederick County can be added to this list. He concluded by saying this document, along with the Citizens; budget guide, will be an insert in the upcoming months in the Minute Book Number 33 Board of Supervisors Regular Meeting of 11/14/07 120 Winchester Star. Upon a motion by Supervisor Ewing, seconded by Supervisor DeHaven, the Board approved a motion of appreciation and congratulations honoring Finance Director Cheryl Shiffler and the Frederick County Finance Department for their work in this regard. The above motion was unanimously approved. REQUEST FROM THE COMMISSIONER OF THE REVENUE FOR REFUNDS - APPROVED Administrator Riley advised the Commissioner of the Revenue requested refunds for the following: Steuart Kret Homes in the amount of $3,389.04. Ford Motor Credit Company in the amount of $3,210.12 Vault (GMAC Leasing) in the amount of $7,616.02. The County Attorney reviewed same and indicated the refunds 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 MEMO AND RESOLUTION (#024-07) RE: EXPLOITATIVE PAYDAY LENDING PRACTICES -APPROVED Administrator Riley advised staff had prepared a resolution requesting the General Assembly and Governor take action to prevent exploitative payday lending practices in the Commonwealth. The Board previously directed staff to research this issue as well as the CountylEs ability to cap interest rates charged by these types of businesses. As stated at the October meeting, there exists no state enabling legislation to permit localities to cap interest rates charged by payday lenders; however, the General Assembly is the body to enact any rate caps or other rules relative to this industry. "The resolution mirrored that originally adopted by the City of Staunton and circulated to Minute Book Number 33 Board or Supervisors Regular Meeting or 11/14/07 121 other Virginia localities. The proposed resolution requested the General Assembly and Governor take the following actions relative the payday lenders: Enact an annual interest rate cap of 36% for any consumer loans made in the Commonwealth of Virginia; 2. Prohibit use of a personal check or other method by a creditor to gain access to a consumer's bank account or method to gain title to a consumer's motor vehicle as collateral for a payday loan; and 3. Enact supplementary and complementary provisions which mirror the provisions of what is commonly referred to as the Talent-Nelson Amendment (Senate Amendment 4331), entitled Terms Of Consumer Credit Extended to Service member or Service member's Dependent "and referenced on page 56352 of the June 22, 2006 Congressional Record - Senate, a copy of which is annexed to and incorporated by reference in this Resolution. Upon a motion by Supervisor Van Osten, seconded by Supervisor Dove, the Board approved the resolution requesting the General Assembly and Governor of Virginia take action to prevent exploitative payday lending practices in the Commonwealth: WHEREAS, the Board of Supervisors of the County of Frederick, Virginia, represents the citizens of the County of Frederick, Virginia; and WHEREAS, this Board is concerned over what are perceived to be exploitative payday lending practice in the County of Frederick and elsewhere in the Commonwealth, including practices which may exploit the dedicated, brave men and women of our Nation's armed forces who are deployed within the United States and various parts of the world in the cause of freedom and securing our Nation; and WHEREAS, this Board, by adopting this resolution, is expressing the collective sentiments of the citizens of Frederick County that the General Assembly and Governor of Virginia should take action to prevent further exploitative payday lending practices; and WHEREAS, it is vital that the General Assembly and the Governor of Virginia give their earnest attention to these matters at the next regular session of the General Assembly and enact laws that will prevent further exploitative payday lending practices. NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of the County of Frederick, Virginia, that the General Assembly and. the Governor ofthe Commonwealth of Virginia are requested to take action in connection with the next regular session of the General Assembly of Virginia to enact laws that will prevent further exploitative payday lending practices, including but not limited to: 1. Enactment of an annual interest rate cap of 36% for any consumer loans made in the Commonwealth of Virginia; 2. Prohibition of the use of a personal check or other method by a creditor to gain access to a consumer's bank account or method to gain title to a consumer's motor vehicle as collateral for a payday loan; and 3. Enactment of supplementary and complementary provisions which mirror the provisions of what is commonly referred to as the Talent-Nelson Amendment (Senate Amendment 4331), entitled Terms Of Consumer Credit Extended to Service member or Service member's Dependent" and referenced on page 56352 of the .Tune 22, 2006 Congressional Record - Senate, a copy of which Minute Rook Number 33 Board of Supervisors Regular Meeting of 11/14/07 122 is annexed to and incorporated by reference in this Resolution. ADOPTED this 14th day of November, 2007. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Gene E. Fisher Aye Charles S. DeHaven, Jr. Aye Gary W. Dove Aye Bill M. Ewing Aye Philip A. Lemieux Aye Barbara E. Van Osten Aye RESOLUTION (#023-07) OPPOSING ALLEGHENY POWER'S APPLICATION TO RAISE POWER RATES - APPKOVED Administrator Riley advised that staff had prepared a resolution opposing Allegheny PowerfEs application to raise power rates for the Board's consideration and action. He reminded the Board that the Frederick County Industrial Development Authority continues to facilitate the local effort to oppose Allegheny Energy's application before the State Corporation Commission to increase monthly power rates by 27%. On behalf of eighteen industrial users, the Authority hired FirstChoice Consulting of Richmond, VA, to represent those users' interests in this matter. FirstChoice recommended the Board and the other governing bodies within the Allegheny service area state their opposition via letter or resolution in order that it might be made part of the State Corporation Commission's record in this matter. The deadline for submitting letters and other) documents to the Commission for consideration as part of this hearing is November 16, 2007. Upon a motion by Supervisor Dove, seconded by Supervisor Van Osten, the Board approved ~ the resolution opposing Allegheny Power's application to raise power rates. WHEREAS, "fhe Potomac Edison Company, d/b/a Allegheny Energy ("Allegheny") has filed, with the State Corporation Commission of Virginia, an application to raise power rates referenced as PUE-2007-0085; and WHEREAS, Allegheny is the provider of power to our locality; and WHEREAS, Allegheny's application seeks to increase the power rates of the residents and businesses throughout our locality by approximately $57 million dollars, which translates into an increase of 27% in monthly power bills for houses using 1000 kilowatt hours per month; and WHEREAS, Allegheny had previously filed, with the State Corporation Commission of Virginia, an application, referenced at PUE 2007-0026, to raise power rates by approximately $85 million; however, said application was ultimately denied by the State Corporation Commission; and WHEREAS, Allegheny's new application again seeks to circumvent an agreement Allegheny voluntarily entered into with the State Corporation Commission in 2000 whereby Allegheny sold all generating units to a sister company in exchange for terminating the ability to Minute Book Number 33 Board of Supervisors Regular Meeting of 11/14/07 123 increase power rates based on the price of fuel for those generating units; and WHEREAS, approval of the Allegheny Application would jeopardize our local economy, which is driven by an affordable cost of living together with the ability to expand or attract local businesses; and WHEREAS, this locality's tax rates have been established to meet the projected budgeted expenditures and the granting of the Allegheny Application would require either cuts in services or increases in taxes in order to operate our government and deliver services to our citizens; and WHEREAS, there exists no justification to permit Allegheny to void the 2000 agreement at the expense of the citizens and businesses that comprise their customer base. NOW, THEREFORE, BE IT RESOLVED, that the Frederick County Board of Supervisors through this resolution expresses its profound opposition to the Allegheny Application, requests the SCC deny the Application and require Allegheny to honor the Agreement it voluntarily entered in 2000. ADOPTED this 14th day of November, 2007. Vice-Chairman Fisher stated he had issues with looking at the rate activities of one entity and not others, such as postal rates and gasoline prices. 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 REQUEST FROM THE TREASURER TO SCHEDULE A PUBLIC HEARING TO AMEND FREDERICK COUNTY CODE RE: DOG TAG ORDINANCE CHANGES - SENT FORWARll FOR PUBLIC HEARING Treasurer C. William Orndoff, Jr. advised that the 2006 and 2007 sessions of the General Assembly made significant changes to the State Code for the licensing of dogs. The Treasurer proposed changes that he deemed necessary for the County Code to be aligned with the State Code. One area that is proposed for addition is the licensing period, which would offer a multi year or more than 12 month tag. Duc to the cost associated with issuing annual tags, this graduated fee structure would benefit both the pet owner and the County. The pet owner's dog license(s) maybe purchased based on the expiration date of the rabies vaccination period. The other change involved offering a reduced fee schedule for spayed and neutered animals. This had been mentioned a number of times over the years from our animal control and other professionals involved with unwanted animals. The fee schedule for kennel tags is proposed to Minute Book Number 33 Board of Supervisors Regular Meeting of 11/14/0'7 24 increase from $15.00 and $25.00 fora 20 and 50 multi-dog license to the proposal of $30.00 and $50.00 for respectively. The remaining code changes were technical in nature in order to conform to the State Code. Chairman Shickle asked how this would be enforced. Treasurer Orndoff responded the dog owner would have to hold onto the receipt and it to Animal Control or other officials should an issue arise. Supervisor Van Osten asked how this change would be advertised. Treasurer Orndoff responded that he would send out notices to those citizens who have purchased dog tags. Upon a motion by Supervisor Ewing, seconded by Vice-Chairman Fisher, the scheduled this item for public hearing at its December 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 HEARING WITH AMENDMENTS Administrator Riley advised this was a proposed amendment to the Frederick County Code creating a new Chapter 89, Fire and Rescue Services, which codifies the creation of the of Fire and Rescue, the Fire and Rescue Association, and the individual fire and rescue companies, which serve Frederick County. The proposed amendment was approved by the Chiefs' W Group at its October 25, 2007 meeting. He went on to say the completion of this amendment part of the ongoing work and dialogue between his office, the volunteer coordinator, and the Chiefs' Working Group to establish governing policies and procedures to enhance the relationship the County and the companies. He concluded by saying staff was seeking permission from Board to advertise this item for public hearing at the Board's December 12, 2007 meeting. Supervisor Van Osten moved to amend Chapter 89 to add language to allow for the of the fee for service program. The motion was seconded by Supervisor DeHaven. Minute Book Number 33 Board or Supervisors Regular Meeting of 11/14/07 125 Chairman Shickle stated that he believed Supervisor Van Osten's motion was to send chapter 89, as presented, forward for public hearing, with the addition of a section enabling fee for service. Supervisor Van Osten responded correct. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Gene E. Fisher Aye Charles S. DeHaven, Jr. Aye Gary W. Dove Aye Bill M. Ewing Aye Philip A. Lemieux Aye Barbara E. Van Osten Aye COMMITTEE REPORTS PUBLIC WORKS COMMITTF,F, REPORT -APPROVED The Public Works Committee met on Tuesday, October 31, 2007 at 8:00 a.m. All members were present except Gary Dove, Gene Fisher, and Phil Lemieux. The following items were discussed: ***Items Requiring Action*** 1. Disposition of Old Gainesboro School The County Administrator recently received a letter from the Frederick County School system declaring the old Gainesboro Elementary School property as surplus. A copy of this letter dated. October 23, 2007, is enclosed as attachment number 1. In anticipation of this declaration, a meeting was held on September 18, 2007, to solicit input from the general public relative to potential future uses for this property. In addition, a web site was established to allow the public to provide further input. Alter discussing the potential uses ofthe property, the committee unanimously recommended that Frederick County pursue the services of an A/E firm to develop conceptual designs and construction cost estimates for converting the existing school building to a library and community meeting facility. To that end, the committee is requesting that the Board consider authorizing the preparation and advertisement of a Request for Proposal (RFP) for A/E services to prepare conceptual designs and related construction cost estimates. Upon a motion by Supervisor Dove, seconded by Vice-Chairman Fisher, The Board approved the above request by the following recorded vote: Kichard C. Shickle 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 ***Items Not Requiring Action*** 1. Drainfield Issues Minute Book Number 33 Board of Supervisors Regular Meeting of 11/14/07 126 Mr. Chuck DeHaven, Supervisor for Stonewall District; requested that the committee study the issue of drainfield maintenance. He also expressed concern about the quality and qualification of third party drainfield evaluations. These issues plus other related drainfield topics will be referred to the subcommittee that was established in April 2006 to review and coordinate pertinent drainfield issues with the local Virginia Department of Health Office. 2. Updates on New Clearbrook Convenience Site The Director of Public Works presented a brief status report of the new Clearbrook Convenience Site. The site work including grading, paving, wall construction and fencing has been completed. The new compactor and hopper are currently being installed with a completion date on or before November 2, 2007. The electrical work has been completed except for the final hookup to Allegheny Power. Allegheny Power has been delayed because they encountered rock when attempting to install the new power poles. They have indicated that their new target date for completion will be November 7, 2007. Consequently, we are anticipating the opening of the site will be on or about November 9, 2007. As soon as the new site is open, we will initiate the dismantling and reinstallation of the existing compactor and hopper at the new site. This work will be accomplished by the company currently installing the new compactor. We anticipate that the relocation process will be completed on or about November 21, 2007. 3. Update on Leachate Force Main The Landfill staff is moving forward with the design of a force main to convey pre-treated leachate effluent to the collection system served by the Opequon Water Reclamation Facility. Mr. Jessie Moffett, Director, Winchester-Frederick County Service Authority, has indicated that a recent pilot study has verified that the landfill's pre-treated leachate can be treated by their wastewater treatment facility without any adverse effects. He has further indicated that he will recommend to his Board of Directors that the facility accept our effluent. He has requested that the landfill staff approach Department of Environmental Quality with the idea of assigning treatment credits in the form of additional loading capacity to the Opequon facility. We have already initiated this process and provided D.I/.Q. with the necessary data. The next step in the process will be to obtain any necessary easements required to construct the force main. Staff will make the initial contacts. We intend to employ the services of Mr. Bob Mitchell to draft the final easement agreement. 4. Miscellaneous Regorts a. "tonnage Report: Landfill (Attachment 2) b. Recycling Report (Attachment 3) c. Animal Shelter Dog Report (Attachment 4) d. Animal Shelter Cat Report (Attachment 5) TRANSPORTATION COMMITTEE -APPROVED The Transportation Committee met on Monday, October 22, 2007 at 8:30 a.m. Members Present Members Absent Chuck DeHaven (voting) Donald Breeden (liaison) Phil Lemieux (voting) James Racey (voting) Minute Book Number 33 Board of Supervisors Regular Meeting or 11/14/07 127 Mike Smith (voting) Gary Oates (liaison) George Kriz (liaison) Lewis Boyer (liaison) ***Items Requiring Action*** 2. Interchange Improvement Priority At the request of the County Administrator, staff prepared this draft priorities list for improvements to the interchanges of I-81 in Frederick County. 1. Exit 307 relocation (Stephens City) 2. Exit 317 improvements (Route 11 North) 3. Exit 310 completion (Kernstown) 4. Exit 315 safety improvements (Route 7) 5. Exit 315 improvement to ultimate per VDOT 1999 plan (Route 7) 6. Exit 313 redecking and improvement to ultimate design (Route 50) In addition to these, there is a need for a significant planning and study undertaking to determine what the needs are for Exits 321 and 323. These exits have significant physical constraints and are under a lot of pressure from Route 11 corridor growth. It would be one thing to study them from just the aspect of Route 11, but a more extensive effort will need to be undertaken with assistance from elected and appointed officials to determine what the vision is for that portion of the County before determining an appropriate design. Upon review of the above list, the committee approved the recommended prioritization. Upon a motion by Supervisor DeHaven, seconded by Supervisor Lemieux, the Board approved the Interchange Improvement Priority List. 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 ***Items Not Requiring Action*** 1. Access Management Staff updated the Committee on the status of the State Access Management plan efforts and the Board's action on them. 3. Article Review Staff regularly submits copies of transportation related articles to the committee from various news outlets. 4. Other Mr. Racey requested a review of the need for turn lanes at the intersection of Tacker and Warrior as a follow-up to his request from last month's meeting. Staff and VDOT informed him that this is Minute Book Number 33 Board of Supervisors Regular Meeting of 11/14/07 128 in the secondary plan and efforts continue to be underway to resolve this issue. PLANNING COMMISSION BUSINESS PUBLIC HEARINGS PUBLIC HF,ARING -CONDITIONAL USE PERMIT #07-07 FOR FLORENCE HEFLIN FOR AN ADULT CARE RESIDENCE LOCATED WITHIN THE EXISTING llWELLING. THIS PROPERTY IS LOCATED AT 215 STAFFORD DRIVE (ROUTE 1226), AND IS IDENTIFIED WITH PROPERTY IDENTIFICATION NUMBER 54E-4-B-2 IN THE RF.D BUD MAGISTERIAL DISTRICT -APPROVED Planner I Lauren Krempa appeared before the Board regarding this item. She advised this was a conditional use permit for a proposed adult care facility to be located in an existing dwelling. The property is located at 215 Stafford Drive in the Red Bud Magisterial District. She then reviewed the recommended conditions for-this proposal: 1. The adult care residence facility shall take place entirely inside the existing dwelling, located at 215 Stafford Drive. 2. No more than five occupants shall be allowed on the property for the purpose of the adult care residence at any time. There shall be no more than one care-receiving occupant per bedroom. 3. No signs shall be posted on the property advertising the adult care residence. 4. Visiting hours for the adult care residence shall be limited to between 10:00 a.m. and 9:00 p.m. All other vehicles should be parked on the property of 215 Stafford Drive. 5. No employees, other than residents of 215 Stafford Drive, are permitted on the property. 6. One business vehicle shall be permitted on the property for the transport of occupants. 7. Any expansion or change of use shall require a new conditional use permit. Chairman Shickle asked if the care giver was included in the calculation of occupants in the condition limiting the number of occupants to Gve. Planner I Krempa responded no, only residents were included in that number. Chairman Shickle convened the public hearing. "There were no public comments. Chairman Shickle closed the public hearing. Upon a motion by Supervisor Lemieux, seconded by Supervisor Van Osten, the Board approved Conditional Use Permit #07-07. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Gene E. Fisher Aye Minute Book Number 33 Board of Supervisors Regular Meeting of 11/14/07 129 Charles S. DeHaven, Jr. Aye Gary W. Dove Aye Bill M. Ewing Aye Philip A. Lemieux Aye Barbara F,. Van Osten Aye PUBLIC HEARING -REZONING #10-07 OF JUDE SPARROW, TO REZONE 7.73 ACRES FROM RP (RESIDENTIAL PERFORMANCE) DISTRICT TO RA RURAL AREAS) DISTRICT. THIS PROPERTY IS LOCATED AT 240 GLENDOBBIN ROAD (ROUTE 639 AT THE INTERSECTION OF QUAKER LANE AND IS TDENTIFIED WITH PROPERTY IDENTIFICATION NUMBER 42-22-5-24 TN THE STONEWALL MAGISTERIAL DISTRICT. -APPROVED Deputy Planning Director Michael Ruddy appeared before the Board regarding this item. He advised this was a proposal to rezone 7.73 acres from RP (Residential Performance) District to RA (Rural Areas) District. The property is located at 240 Glendobbin Road in the Stonewall Magisterial District. The property is located outside of the Urban Development Area and Sewer and Water Service Area. The proposal would allow some agricultural uses and no impacts are anticipated. Deputy Director Ruddy went on to say this was a positive rezoning and addressed the Comprehensive Plan. He concluded by saying the Planning Commission recommended approval. Chairman Shickle convened the public hearing. There were no public comments. Chairman Shickle closed the public hearing. Upon a motion by Supervisor DeHaven, seconded by Supervisor Dove, the Board approved Rezoning # 10-07. The above motion was approved by the following recorded vote: Richard C. Shickle 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 PUBLIC HEARING -ROUND _HILL COMMUNITY LAND USE PLAN - TO CONSIDER A REQUEST TO REVISE THE ROUND HILL COMMUNITY LAND USE PLAN, INCLUDING EXPANSION OF THE SEWER AND WATER SERVICE AREA (SWSA) FOR COMMERCIAL DEVELOPMENT ON THE NORTH SIDF OF NORTHWESTERN PIKE (ROUTE 50). THE ROUND HILL AREA INCLUDES LAND GENERALLY LOCATED NORTH AND SOUTH OF NORTHWESTERN PIKE (ROUTE 50), WEST OF ROUTE 37, AND EAST OF CRINOLINE LANE IN THE GAINESBORO AND BACK CREEK MAGISTERIAL DISTRICTS. - (RESOLUTION #025-07) -APPROVED WITH AMENDMENTS Eric Lawrence, Director of Planning and Development, appeared before the Board regarding Minute Book Number 33 Buard of Supervisors Regular Meeting of 11/14/07 130 this item. He advised this was one of two applications the Board of Supervisors asked to be studied and a recommendation forwarded to the Board. This application encompassed a year and a half of work by the Board, staff, the Planning Commission, and various committees. This proposal looked at the north side of Route 50 and would expand the Sewer and Water Service Area by 481 acres. The proposed expansion would take advantage of medical center uses and would allow rezoning to MS (Medical Support) District. Director Lawrence went on to say if this plan was adopted then zoning ordinance amendments would be developed and implemented to support the plan. He stated the applicant was proposing an east/west collector road in this application. Director Lawrence noted staff had worked with VDOT throughout this process and VDOT was concerned about the existing roads being able to accommodate growth, but felt it could be handled through future rezonings. Director Lawrence stated the proposed design elements were consistent with those already in the Round Hill Land Use Plan. IIe concluded by saying the Planning Commission endorsed this proposal at its October meeting. Evan Wyatt, Greenway Engineering, appeared before the Board on behalf of the applicant. Ike stated the prior version of this proposal looked at a commercial strip along the south side of Route 50. He advised that this proposed plan was more specific. Mr. Wyatt noted the Planning Commission felt the design principles were guidelines and not mandated ordinance standards and he encouraged the Board to think about this. Supervisor Dove stated he had some concerns regarding this plan, specifically figure 13A. He advised that he would like to see most of those items, but would like to use the word "encouraged". In addition, he stated the following sentence should be added to the third paragraph on page 4 - "The location shown on the plan is general, with the precise location of the cast-west connector road remaining flexible." Director Lawrence responded that staff did not see an issue with adding the sentence. He stated the intent of figure 13A was to establish guidelines, but when that is removed from the policy then there are no guidelines to set, endorse, eta He concluded by saying staff would encourage the Board to keep the proposed language in the policy. Supervisor Van Osten stated she supported Supervisor Dove's comments regarding the change to paragraph 3, but would prefer not to put "encouraged" in the design principles. She Minute Book Number 33 Board of Supervisors Regular Meeting of 11./14/07 131 concluded by saying she supported figure 13A as written. Chairman Shickle convened the public hearing. There were no public comments. Chairman Shickle closed the public hearing. WHEREAS, An amendment to The Frederick County 2003 Comprehensive Policy Plan, Chapter 6, Land Use, to revise the Round Hill Rural Community Center Land Use Plan and expand the associated Sewer and Water Service Area (SWSA) by approximately 481 acres for commercial development on the north side of Northwestern Pike (Route 50), was considered. The Round Hill area includes land generally located north and south of Northwestern Pike (Route 50), west of Route 37 and east of Crinoline Lane, in the Back Creek and Gainesboro Magisterial Districts. Phis amendment was reviewed by the Comprehensive Plans and Programs Subcommittee (CPPS), and the Planning Commission during their regularly scheduled meetings; and WHEREAS, The Comprehensive Plans and Programs Subcommittee (CPPS) held a public meeting of this Comprehensive Policy Plan amendment on December 11, 2006; and WHEREAS, the Planning Commission held public hearings on this Comprehensive Policy Plan amendment on May 3, 2007 and October 17, 2007; and WHEREAS, the Board of Supervisors held a public hearing on this Comprehensive Policy Plan amendment on November 14, 2007; and WHEREAS, the Frederick County Board of Supervisors finds the adoption of this Comprehensive Policy Plan amendment, to be in the best interest of the public health, safety, welfare, and in good planning practice; NOW, THEREFORE, BE IT ORDAINED by the Frederick County Board of Supervisors that the Frederick County 2003 Comprehensive Policy Plan, Chapter 6, Land Use, is amended to include revisions to the Round Hill Kural Community Center land use plan, and an expansion of the Sewer and Water Service Area (SWSA) by approximately 481 acres for commercial development on the north side of Northwestern Pike (Route 50). The revised Round Hill Rural Community Center Land Use Plan and SWSA expansion is described in the attached document. Supervisor DeHaven stated he had a concern if Retail Boulevard was not extended and he did not want to restrict the development plan by asking Retail Boulevard to remain within the property. He concluded by saying this was an important connector for the future. Supervisor Lemieux agreed with Supervisor DeHaven. He stated that showing the road going through the property gave the Board a lot of opportunity. Supervisor Dove moved to approve CPPA #OS-06 adding the word "encouraged" to figure 13A on page 3 and last sentence in paragraph 4 to paragraph 3, on page 4. The motion died for a lack of a second. Supervisor DeHaven moved to approve CPPA #OS-06 adding the word "encouraged" to figure 13A on page 3 and adding the last sentence in paragraph 4 to paragraph 3, on page 4, along with added language to extend Retail Boulevard to the north-northwest study area boundary. The Minute Book Number 33 Board of Supervisors Regular Meeting of 11/14/07 32 motion was seconded by Supervisor Lemieux. Supervisor Van Osten supported the application, but could not support the addition of the word "encouraged." 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 Nay PUBLIC HEARING - AN ORDINANCE TO AMEND THE FREDERICK COUNTY CODE CHAPTER 165. ZONING, ARTICLF. VI, RP RESIDENTIAL PERFORMANCE DISTRICT, SECTION 165-65, DIMENSIONAL REQUIREMENTS -DETACHED ACCESSORY STRUCTURES ON SINGLE FAMILY SMALL LOTS. - APPROVED Senior Planner Candice Perkins appeared before the Board regarding this item. She advised that staff had received inquiries from members of the public regarding the permissibility of allowing detached accessory buildings on lots that were created under the single-family small lot housing type. She noted the "Coning Ordinance currently prohibits detached accessory structures on lots created under this housing type. She went onto say this proposed amendment was discussed by the Planning Commission and was sent out to the Board of Supervisors for review and comment. The Planning Commission stated that private covenants within developments could still be more restrictive and prohibit detached structures. At the Planning Commission public hearing there were no public comments and the Commission recommended this proposed amendment be approved. Supervisor Lemieux asked if there was a height restriction for these buildings. Senior Planner Perkins responded yes, 20 feet. Chairman Shickle convened the public hearing. There were no public comments. Chairman Shickle closed the public hearing. Upon a motion by Supervisor Ewing, seconded by Supervisor Van Osten, the Board approved an ordinance amending Frederick County Code, Chapter 165, Zoning, Article VI - RP Residential Performance District Section 65F -Dimensional Requirements, Single Family Small Lot. Minute Book Number 33 Board of Supervisors Regular Meeting of 11/14/07 133 Vice-Chairman Fisher stated 20 feet in height on a small lot seemed excessive. §165-65 F (3) Detached accessory structures may not exceed 150 square feet. (4) One detached accessory structure shall be permitted on each lot. f3j (5) Maximum building height shall be as follows: (a) Principle buildings: 35 feet. (b) Accessory Buildings: 20 feet. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Gene E. Fisher Nay Charles S. DeHaven, Jr. Aye Gary W. Dove Aye Bill M. Ewing Aye Philip A. Lemieux Aye Barbara F,. Van Osten Aye OTHER PLANNING ITEMS ROAD RESOLUTION (#026-07) -AUTUMN GLEN SECTIONS 3 AND 4 - APPROVED UNDER CONSENT AGENDA WHEREAS, the streets described on the attached Additions Form AM-4.3, fully incorporated herein by reference are shown on plats recorded in the Clerk's Office of the Circuit Court of Frederick County; and WHEREAS, the Resident Engineer of the Virginia Department of Transportation has advised this Board that the streets meet the requirements established by the Subdivision Street Requirements of the Virginia Department of Transportation; and WHEREAS, the County and the Virginia Department of Transportation have entered into an agreement on June 9, 1993, for comprehensive stormwater detention which applies to this request for addition; and NOW, THEREFORF,, BE IT RESOLVED, this Board requests the Virginia Department of Transportation to add the streets described in the attached Additions Form AM-4.3 to the secondary system of state highways, pursuant to 33.1-229, Code of Virginia, and the Department's Subdivision Street Requirements; and BE IT FURTHER RESOLVED, this Board guarantees a clear and unrestricted right-of--way, as described, and any necessary easements for cuts, fills, and drainage; and BE IT FURTHER RESOLVED, that a certified copy of this resolution be forwarded to the Resident Engineer for the Virginia Department of Transportation. This item was approved under the consent agenda. Minute Book Number 33 Board of Supervisors Regular Meeting of 11/14/07 34 BOARD LIAISON REPORTS There were no Board liaison reports. CITIZEN COMMENTS There were no citizen comments. BOARD OF SUPERVISORS There were no Board of Supervisors' comments. ADJOURN UPON A MOTION BY SUPERVISOR SWING, SECONDED BY SUPERVISOR DOVE, THERE BEING NO FURTHER BUSINESS TO COME BEFORE THIS BOARD, THIS MEETING IS HEREBY ADJOURNED. (8:50 Y.M.) ~1Z ~. o Q_, Richard C. Shickle - .Riley, Jr. Chairman, Board of Supervisors Clerk, Board of Supervisors Minutes Prepared By: ~` Jay 1 bs Deputy Clerk, Board of Supervisors Minute Book Number 33 Board of Supervisors Regular Meeting of 11/14/07