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HomeMy WebLinkAboutJanuary 09 2008 -- Regular Meeting172 A Regular Meeting of the Frederick County Board of Supervisors was held on Wednesday, January 9, 2008 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; Charles S. DeHaven, Jr.; Gary W. Dove; Bill M. Ewing; Gene E. Fisher; Philip A. Lemieux; and Gary A. Lofton. CALL TO ORDER Chairman Shickle called the regular meeting to order. INVOCATION Supervisor Dovc delivered the invocation. PLEDGE OF ALLEGIANCE Supervisor Fisher led the Pledge of Allegiance. ORGANIZATION OF THE BOARD OF SUPERVISORS FOR 2008 Election of Vice-Chairman -Gene E. Fisher Elected Supervisor Dove nominated Supervisor Gene E. Fisher for the office ofVice-Chairman. The nomination was seconded by Supervisor Ewing. Supervisor Lofton moved that the nominations be closed. The motion was seconded by Supervisor DeHaven. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Charles S. DeHaven, Jr. Aye Gary W. Dove Aye Bill M. Ewing Aye Gene E. Fisher Aye Philip A. Lemieux Aye Gary A. Lofton Aye Upon a motion by Supervisor Dove, seconded by Supervisor Ewing, the Board elected Gene E. Fisher as Vice-Chairman. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Charles S. DeHaven, Jr. Aye Gary W. Dove Aye Bill M. Ewing Aye Gene E. Fisher Aye Philip A. Lemieux Aye Minute Book Number 33 Board of Supervisors Regular Meeting of 01/09/08 173 Gary A. Lofton Aye Adoption of Rules of Procedure An roved Upon amotion byVice-Chairman Fisher, seconded by Supervisor Dove, the Board adopted the Rules of Procedure Frederick County Board of Supervisors and Robert's Rules of Order Simplified and Applied. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Charles S. DeHaven, Jr. Aye Gary W. Dove Aye Bill M. Ewing Aye Gene F,. Fisher Aye Philip A. Lemieux Aye Gary A. Lofton Aye Selection of a Parliamentarian -John R. Rile Jr. Elected Supervisor Dove nominated County Administrator John R. Riley, Jr. to serve as Parliamentarian. The motion was seconded by Supervisor Lemieux. Supervisor DeHaven moved that the nominations be closed. The motion was seconded by Vice-Chairman Fisher. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Charles S. DeHaven, Jr. Aye Gary W. Dove Aye Bill M. Ewing Aye Gene E. Fisher Aye Philip A. Lemieux Aye Gary A. Lofton Aye iJpon a motion by Supervisor Dove, seconded by Supervisor Lemieux, County Administrator John R. Riley, Jr. was elected as parliamentarian. fhe above motion was approved by the following recorded vote: Richard C. Shickle Aye Charles S. DeHaven, Jr. Aye Gary W, Dove Aye Bill M. Ewing Aye Gene E. Fisher Aye Philip A. Lemieux Aye Gary A. Lofton Aye Selection of a Time and Place for Re ular Meetin s - A roved Minute Bonk Number 33 Buard of Supervisors Regular Meeting of 01/09/08 174 Vice-Chairman Fisher moved that the second and fourth Wednesdays of each month, at 7:15 P.M., inthe Board of Supervisors' Meeting Room, County Administration Building,107 North Kent Street, Winchester, Virginia be the time and meeting place for the Frederick County Board of Supervisors for 2007. Should the meeting be cancelled due to inclement weather, then it will take place on the following evening. The motion was seconded by Supervisor Ewing. The above motion was passed by the following recorded vote: Richard C. Shickle Aye Charles S. DeHaven, Jr. Aye Gary W. Dove Aye Bill M. Ewing Aye Gene E. Fisher Aye Philip A. Lemieux Aye Gary A. Lofton Aye Chairman's Board/Committee Assi>Tnments Chairman Shickle offered the following committee assignments for the Board's consideration. The Committee assignments for 2007 are as follows: Richard C. Shickle: Finance Committee; Joint Finance Committee; MPO; Northern Shenandoah Valley Regional Commission; Northwestern Regional Adult Detention Center Board -- alternate Gene E. Fisher: Public Works Committee Chairman; Public Safety Committee; Public Works Committee; Frederick County Sanitation Authority liaison; Airport Authority; Conservation Easement Authority; Fred-Wine Service Authority; Water Resources Advisory Committee Charles S. DeHaven, Jr.: Transportation Committee Chairman; Finance Committee; MPO; Transportation; Juvenile Detention Center; Northern Shenandoah Valley Regional Commission; Jail Board Bill M. Ewing: Finance Committee Chairman; Human Resources Committee; Joint Finance Committee; Downtown Development Board liaison; Handley Regional Library Board liaison; Northwestern Regional Adult Detention Center Board Gary W. Dove: Public Safety Committee Chairman; Public Works Committee; Fire and Rescue Association Liaison; Economic Development Commission; Air Quality Task Force; Industrial Development Authority; SHENAIR; Landfill Oversight Philip A. Lemieux: Code & Ordinance Committee Chairman; Public Works Committee; Transportation Committee; Parks and Recreation Commission liaison; Tourism Board liaison Gar~A. Lofton: Human Resources Committee Chairman; Code & Ordinance Committee; Social Services Board; Planning Commission liaison; Agricultural District Advisory; Extension Leadership Minute Book Number 33 Board of Supervisors Regular Meeting of 01/09/08 17~ Code and Ordinance Committee Philip A. Lemieux, Chairman Gary A. Lofton Stephen G. Butler Michael L. Bryan Finance Committee Bill M. Ewing, Chairman - Richard C. Shickle Charles S. DeHaven, Jr. Richie Wilkins Stephen Swiger Ronald F,. Hottle C. William Orndoff, Treasurer, Non-Voting Liaison Ellen E. Murphy, Commissioner of the Revenue, Non-Voting Liaison Human Resources Committee Gary A. Lofton, Chairman Bill M. Ewing Philip C. G. Farley Public Safe Committee Gary W. Dove, Chairman Gene E. Fisher Mike Cline Michael D. Hockman Helen Lake Public Works Committee Gene E. Fisher, Chairman Gary W. Dove Philip A. Lemieux George H. Ludwig James "f. Wilson Whitney "Whit" L. Wagner Robert W. Wells Transportation Committee Charles S. DeHaven, Jr. Philip A. Lemieux James M. Racey, II ADOPTION OF AGENDA -APPROVED Upon a motion by Supervisor DeHaven, seconded by Supervisor Lofton, the agenda was approved by the following recorded vote: Richard C. Shickle Aye Charles S. DeHaven, Jr. Aye Gary W. Dove Aye Bill M. Ewing Aye Minute Book Number 33 Board of Supervisors Regular Meeting of 01/09/08 176 Gene E. Fisher Aye Philip A. Lemieux Aye Gary A. Lofton Aye CONSENT AGENDA -APPROVED County Administrator John R. Riley, Jr. offered the following items for the Board's consideration under the consent agenda: - Memorandum Re: Changes to the Public-Private Education Facilities and Infrastructure Act of 2002 (PPEA) -Tab E; - Resolution in Support of the Designation of a Driving Route Entitled the Wilderness Road; Virginia's Heritage Migration Route from Winchester to Cumberland Gap in Western Virginia Including the Two Spurs of the Carolina Road and the Fincastle/Cumberland Gap Turnpike -Tab F; - Landfill Oversight Committee Report -Tab G; - Public Safety Committee Report -Tab I; and - Transportation Committee Report -Tab J. Upon a motion by Supervisor Ewing, seconded by Supervisor Dove, the Board approved the consent agenda. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Charles S. DeHaven, Jr. Aye Gary W. Dove Aye Bill M. Ewing Aye Gene E. Fisher Aye Philip A. Lemieux Aye Gary A. Lofton Aye CITIZEN COMMENTS There were no citizen comments. BOARD OF SUPERVISORS COMMENTS There were no Board of SupervisorslE comments. MINUTF,S -APPROVED Upon a motion by Supervisor DeI Iaven, seconded by Supervisor Ewing, the Board approved the minutes from the December 12, 2007 Regular Meeting. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Charles 5. DeHaven, Jr. Aye Gary W. Dove Aye Bill M. F,wing AYe Minute Book Number 33 Board of Supervisors Regular Meeting of 01/09/08 177 Gene F,. Fisher Aye Philip A. Lemieux Aye Gary A. Lofton Aye Upon a motion by Supervisor Ewing, seconded by Supervisor DeHaven, the Board approved the minutes from the December 19, 2007 worksession. 1'he above motion was approved by the following recorded vote: -- Richard C. Shickle Aye Charles S. DeHaven, Jr. Aye Gary W. Dove Aye Bill M. Ewing Aye Gene E. Fisher Aye Philip A. Lemieux Abstain Gary A. Lofton Aye COUNTY OFFICIALS EMPLOYEE OF THE MONTH AWARD FOR JANUARY 2008 - RESOLUTION #033-08) -APPROVED Upon a motion by Supervisor Dove, seconded by Supervisor Fisher, the Board approved the resolution recognizing Dail D. Ritenour as the Frederick County Employee ofthe Month for January 2008. RESOLUTION TO RECOGNIZE THE FREDERICK COUNTY EMPLOYEE OF THE MONTH Dail D. Ritenour WHEREAS, the Frederick County Board of Supervisors recognizes that the CountyfEs employees are a most important resource; and WHEREAS, on September 9, 1992, the Board of Supervisors approved a resolution which established the Employee of the Month award and candidates for this award may be nominated by any County employee; and WHEREAS, the Board of Supervisors selects one employee from those nominated, based on the merits of outstanding performance and productivity, positive job attitude, and other noteworthy contributions to their department and to the County; and WHEREAS, Dail D. Ritenour, who serves as a Dispatcher with the Department of Public Safety Communications was nominated for Elployee of the Month; and WHEREAS, Dail D. Ritenour is deserving of special recognition for going above and beyond his regular duties in brining a stressful situation to a peaceful end. Dail's efforts protected the caller, the family, and law enforcement personnel; and NOW, THEREFORE, BE IT RESOLVED, by the Frederick County Board of Supervisors this 9th day of January, 2008, that Dail D. Ritenour is hereby recognized as the Frederick County Employee of the Month for January, 2008; and BE IT FURTHER RESOLVED, that the Board of Supervisors extends gratitude to Dail D. Ritenour for his outstanding performance and dedicated service and wishes him continued Minute Book Number 33 Board of Supervisors Regular Meeting of 01/09/08 178 success in future endeavors; and BE IT FURTHER RESOLVED, that Dail D. Ritenour is hereby entitled to all of the rights and privileges associated with this award. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Charles S. DeHaven, Jr. Aye Gary W. Dove Aye Bill M. Ewing Aye Gene L. Fisher AYe Philip A. Lemieux Aye Gary A. Lofton Aye COMMITTEE APPOINTMENTS APPOINTMENT OF FRANK H. BRUMBACK TO RUSSELL 150 COMMUNITY DEVELOPMENT AUTHORITY -APPROVED Upon a motion by Supervisor Dove, seconded by Supervisor DeHaven, the Board appointed Frank H. Brumback to fill the unexpired term of Chuck Maddox on the Russell 150 Community Development Authority. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Charles S. DeHaven, Jr. Aye Gary W. Dove Aye Bill M. Ewing Aye Gene E. Fisher AYe Philip A. Lemieux Aye Gary A. Lofton Aye APPOINTMENT OF JOANNE LEONARDIS AS RED BUD DISTRICT REPRESENTATIVE ON THE SOCIAL SERVICES BOARD -APPROVED Upon a motion by Supervisor Lemieux, seconded by Supervisor Ewing, the Board appointed Joanne Leonardis to fill the unexpired term of Richard E. Crane as Red Bud District representative on the Social Services Board, said term to expire June 30, 2008. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Charles S. DeHaven, Jr. Aye Gary W. Dove Aye Bill M. Ewing Aye Gene E. Fisher Aye Philip A. Lemieux Aye Gary A. Lofton Aye REAPPOINTMENT OF MARGARET B. DOUGLAS AS BACK CREEK DISTRICT REPRESENTATIVE ON THE EXTENSION LEADERSHIP COUNCIL - APPROVED Minute Book Number 33 Board of Supervisors Regular Meeting of 01/09/08 179 Upon a motion by Supervisor Lofton, seconded by Supervisor DeHaven, the Board reappointed Margaret B. Douglas to serve as Back Creek District representative on the F,xtension Leadership Council. 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 Charles S. DeHaven, Jr. Aye Gary W. Dove Aye Bill M. Ewing Aye Gene E. Fisher Aye Philip A. Lemieux Aye Gary A. Lofton Aye REAPPOINTMENT OF GREG L. UNGER AS BACK CREF,K DISTRICT REPRESENTATIVE ON THE PLANNING COMMISSION -APPROVED Upon a motion by Supervisor Lofton, seconded by Supervisor Lemieux, the Board reappointed Greg L. Unger as Back Creek District representative on the Frederick County Planning Commission. This is a four year appointment, said term to expire January 26, 2012. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Charles S. DeHaven, Jr, Aye - Gary W. Dove Aye Bill M. Ewing Aye Gene E. Fisher Aye Philip A. Lemieux Aye Gary A. Lofton Aye MEMORANDUM RE: CHANGES TO THE PUBLIC-PRIVATE EDUCATION FACILITIES AND INFRASTRUCTURE ACT OF 2002 PPEA -APPROVED UNDER CONSENT AGENDA The Board approved revisions to the County's Public-Private Education Facilities and Infrastructure Act of 2002. The revisions bring the current policy into compliance with the State Code. (A copy of these guidelines is on file in the office of the County Administrator.) RESOLUTION (#032-081 IN SUPPORT OF THE DESIGNATION OF A DRIVING ROUTE ENTITLED THF, WILDERNESS ROAD• VIRGINIA'S HERITAGE MIGRATION ROUTE FROM WINCHESTER TO CUMBERLAND GAP IN WESTERN VIRGINIA INCLUDING THE TWO SPURS OF THE CAROLINA ROAD AND THE FINCASTLE/CUMBERLAND GAP TURNPIKE -APPROVED UNDER CONSENT AGENDA WHEREAS, from 1775-1810 an estimated 300,000 settlers traveled through Virginiato the Cumberland Gap. This migration and western movement is a significant part of Virginia history and had far reaching effects on the development of the United States of America. Today, an estimated 43 million Americans can trace their ancestors to the migration through Virginia along the Minute Buok Number 33 Board of Supervisors Regular Meeting of 01/09/08 180 Wilderness Road: Virginia's Heritage Migration Route; and WHF,RE now Routet11c58mand 23 fromeWinchester to Cumlberland G pirgrinaa followed closely to what WHEREAS, this driving route is developed to preserve, interpret, and promote the history, heritage, and culture of the early pioneer settlement and migration through V irginia, and the role that Virginia played in the migration of settlers through the Cumberland Gap and the development of the nation; and WHEREAS, the Wilderness Road Committee has been working for two years under the leadership of the Virginia Tourism Corporation in partnership with tourism representatives from 28 tourism localities and 12 state/federal partners to develop the driving route of the Wilderness Road: Virginia's Heritage Migration Route, and spurs known as The Carolina Road, and 'The Fineastle/Cumberland Gap Turnpike, connecting with the Daniel Boone Wilderness Trail, and individual community loops for each locality; and WHEREAS, the mission of the committee is to develop a new tourism product to increase economic growth and tourism spending in the region. The purpose of the committee is to promote The Wilderness Road: Virginia's Heritage Migration Route from Winchester to Cumberland Gap in a way that preserves and interprets the heritage of the migration era from the 1700's to the mid 1800's to increase tourism visitation and economic impact of tourism spending; and WHEREAS, this state designation delineates the route and recognizes the driving route as The Wilderness Road.: Virginia's Heritage Migration Route. This shall not affect any other designation heretofore or hereafter applied to this route or any potions thereof; and WHEREAS, designation of this driving route allows for the further development of tourism as a vital part of economic development, building on the tourism assets of the westward migration and stimulating new tourism growth to Western and Southwestern Virginia. NOW, THEREFORE, BE IT RESOLVED, that the County of Frederick expresses its support to the General Assembly of the Commonwealth of Virginia to provide state designation for the Wilderness Road: Virginia's Heritage Migration Route. BE IT FURTHER RESOLVED, that the County of Frederick expresses its support of directional signs along the corridor to direct tourists along the driving trail to the Winchester/Frederick County Visitors' Center. BE IT FURTHER RESOLVED, that the County of Frederick fully supports the efforts of the Wilderness Koad Committee to develop the Wilderness Road: Virginia's Heritage Migration Route as a national and international tourism product to increase visitation to Western Virginia. ADOPTED this 9th day of January, 2008. This item was approved under the consent agenda. COMMITTEE REPORTS AGENDA The Landfill Oversight Committee met on Tuesday, December l 1, 2007 at 8:00 a.m. All committee members were present except David Ash. The following items were discussed: 1) Closed Session. A closed session was convened under the Virginia Code °2.2-3711 (A) 7 to discuss legal issues. Minute Book Number 33 Board of Supervisors Regular Meeting of 01/09/08 181 2) Prouosed Fiscal Year 2008/2009 Budget The proposed Fiscal Year 2008/2009 budget was presented with an emphasis on the major expenditure items. The budget was presented for information only. Any pertinent comments and/or corrections will be incorporated in the budget. FINANCE COMMITTEE REPORT The Finance Committee met in the Board of Supervisors' Meeting Room at 107 North Kent Street on Wednesday, December 19, 2007 at 8:00 a.m. Members Gary Lofton and Ronald Hottle were absent. 1. The Sheriff requests a General Fund supplemental appropriation in the amount of $4,364.91. This amount represents reimbursements for prisoner extraditions. No additional local funds required. See attached memo, p. l -2. 'Fhe 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 Charles S. DeHaven, Jr. Aye Gary W. Dove Aye Bill M. Ewing Aye Gene E. Fisher Aye Philip A. Lemieux Aye Gary A. Lofton Aye 2. The Director of Economic Development requests a General Fund supplemental appropriation in the amount of $25,131. This amount represents funds from GSA for the Net Tech Center. No additional local funds are required. See attached memo, p. 3-7. "fhe 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 Charles S. DeHaven, Jr. Ayc Gary W. Dove Aye Bill M. Ewing Aye Gene E. Fisher Aye Philip A. Lemieux Aye Gary A. Lofton Aye 3. The Registrar requests a General Fund supplemental appropriation in the amount of $22,410 for the Presidential Democratic and Republic Primary Elections. Additional local funds are required. See attached memo, p. 8-10. 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 Charles S. DeHaven, Jr. Aye Gary W. Dove Aye Bill M. Ewing Aye Gene E. Fisher Aye Minute Book Number 33 Board of Supervisors Regular Meeting of 01/09/08 182 Philip A. Lemieux Aye Gary A. Lofton Ayc 4. The Director of Parks and Recreation requests a General Fund supplemental appropriation in the amount of $45,000. This amount represents proffer funds to be used for backstops at Sherando Park. See attached memo, p. 11. The committee recommends approval. - Approved Upon a motion by Supervisor Ewing, seconded by Supervisor Lemieux, the Board approved the above request by the following recorded vote: Richard C. Shickle Aye Charles S. DeHaven, Jr. Aye Gary W. Dove Aye Bill M. Ewing Aye Gene E. Fisher Aye Philip A. Lemieux Aye Gary A. Lofton Aye 5. The Greenwood Volunteer Fire & Rescue Company Chief requests a General Fund supplemental appropriation in the amount of $55,586.76. This amount represents proffer funds earmarked for Greenwood Fire Company to be used for the purchase of a new pumper. See attached memo, p. 12-14. 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 Charles S. DeHaven, Jr. Aye Gary W. Dove Aye Bill M. Ewing Aye Gene E. Fisher Aye Philip A. Lemieux Aye Gary A. Lofton Aye ***No Action Required*** 6. The Assistant County Administrator requests discussion on the proposed cash proffer procedure. See attached memo, p. 15-16. 7. The Finance Director discussed FY 2008 revenue budget adjustments. See attached, p. 17. PUBLIC SAFETY COMMITTEE REPORT -APPROVED UNDER CONSENT AGENDA A meeting of the Public Safety Committee was held on 'l~hursday, December 27, 2007. Committee members present were: Supervisor Gary Dove, County Administrator John Riley, Fire & Rescue Association President Mike Cline, Fire & Rescue Director Gary DuBrueler, Sheriff Robert Williamson, and Michael IIockman. Also in attendance were Deputy Chief of Operations of Fire ~ Rescue Tim Welsh and Volunteer Coordinator of Fire & Rescue Christine Franchok. The following items were discussed: *** Items Requiring Action *** None. Minute Book Number 33 Board of Supervisors Regular Meeting of of/09/08 183 Budget Briefing ***Items Not Requiring Action*** Budgets for the Sheriff's Department, Department of Fire & Rescue, and the Department of Public Safety Communications were submitted. Mr. Dove asked if Mr. Riley had shared with the departments the lack of funding available for the upcoming budget year. Mr. Riley stated that the information would be going out tomorrow (Friday, December 28, 2007). A brief synopsis of the proposed budget increases follows: • The Sheriff requested additional vehicles and personnel. Emphasis was placed on the addition of clerical personnel and additional deputies. • Fire & Rescue Director requested additional personnel, increases in projected service needs (equipment/trucks), avolunteer incentive program (for service), length of service program for personnel, increase based on fee for service, individual "house" requests for funds. • The Public Safety Communications budget was submitted with minor increases. The main increase was salary and fringes for current personnel and IT equipment. TRANSPORTATION COMMITTEE REPORT -APPROVED UNDER CONSENT AGENDA The Transportation Committee met on Monday, December 17, 2007 at 8:30 a.m. Members Present Members Absent Chuck DeHaven (voting) Phil Lemieux (voting) Donald Breeden (liaison) James Racey (voting) Lewis Boyer (liaison) Mike Smith (voting) Gary Oates (liaison) George Kriz (liaison) ***Items Requiring Action*** None ***Items Not Requiring Action*** 1. 2008 Meeting Calendar The Committee adopted the following meeting schedule for 2008. Regular Date January 28, 2008 February 25, 2008 March 24, 2008 Apri128, 2008 May 26, 2008 June 23, 2008 July 28, 2008 August 25, 2008 September 22, 2008 October 27, 2008 November 24, 2008 December 22, 2008 Conflict Staff committed elsewhere Memorial Day Suggested Alternate February 18, 2007 May 19, 2008 Minute Book Number 33 Board of Supervisors Regular Meeting of 01/09/08 184 2. VDOT Draft Secondary Street Acceptance Requirements Staff presented the VDOT draft Secondary Street Acceptance Requirements and staff s review of that draft to the Committee. The Committee discussed the staff comments and recommended changes which will be reviewed at the next meeting. 3. Assign-a-hishwav Program At the request of a concerned citizen, staff gave information on the Virginia Assign-A-Highway Program to the Transportation Committee. This program makes use of individuals on probation to help clean litter from the County's road system. Staff also noted that public works currently is in charge of roadway litter and that they are aware of the program. 4. Potential Springdale Road Truck Restriction In response to discussion surrounding the Artillery Rezoning and requests from others, staff brought information on the process for restricting trucks from a roadway to the Transportation Committee. It was discussed and thought that the problem with putting Springdale into atruck-restricted status would not alleviate the concerns being voiced because the restriction does not apply to local trips. The truck traffic currently using Springdale is believed to be construction traffic from activity taking place in the vicinity of Shady Elm, which would not qualify trips on Springdale as through traffic. 5. MPO Activity Update Staff provided the following update of MPO activities. 1. Route 37 Access Management Study We have now received the final draft of this study and expect it to be released for locality review and comment shortly. 2. Route 11 Access Management Study The steering committee met with the VDOT team completing this effort in October and is expecting a draft to be forthcoming shortly. 3. Route 7 Corridor Study The steering committee submitted comments on the draft scope of work and has not yet received an updated version. 4. Transit Study County staff is beginning work on a RFP for this effort and will be consulting city officials in its creation. 5. Multimodal Grant Program County staff has completed three grant letters of intent for the current application round of this program. Funds are being sought for Route 11 North, Route 522 North, and Route 522 South. 6. Article Review Staff regularly provides articles on transportation from various news outlets. The theme this month was transportation improvements impact on economic development. Mr. DeHaven mentioned that it would be worthwhile to hear a brief presentation on this subject at the retreat. 7. Other PLANNING COMMISSION BUSINESS PUBLIC HEARING -CONDITIONAL USE PERMIT #06-07 FOR MUNDY SAND LLC SUBMITTED BY BENJAMIN 1VI BUTLER ESQUIRE FOR A SAND MINE Minute Book Number 33 Board of Supervisors Regular Meeting of 01/09/08 185 OPERATION. THIS PROPERTY IS LOCATED NEAR BRILL ROAD ROUTE 603 AND GRAVEL SPRINGS ALONG THE EASTERN FOOT OF PADDY MOUNTAIN AND IS IDENTIFIED WITH PROPERTY IDENTIFICATION NUMBER 69-A-7 IN THE BACK CREEK MAGISTERIAL DISTRICT. -APPROVED Zoning Administrator Mark Cheran appeared before the Board regarding this item. He advised this was a request for a conditional use permit for a sand mine operation. The property is located near Brill Road (Route 603) and Gravel Springs, along the eastern foot of Paddy Mountain. This property is currently subject to the conditions of CUP #005-88, which was approved by the Board of Supervisors on May 10, 1989. The proposed mining operation would be conducted on 17 acres within the parcel. The applicant is requesting an amendment to the conditions. Zoning Administrator Cheran advised that residents in the area had expressed concerns with this proposal such as, decreased property values, noise, dust, and lower quality of life. He advised that currently the application is not in violation of the conditions of CUP #005-88. He concluded by saying the Planning Commission unanimously recommended approval with the following conditions: 1. All review agency comments and the Frederick County Zoning Ordinance requirements shall be complied with at all times. 2. The mining operation shall meet all requirements of the Virginia Department of Mines, Minerals, & Energy, Division of Mineral Mining, and the Department of F,nvironmental Quality. 3. The mining operation shall meet the landscaping and screening performance standards, the supplementary regulations, the height, area, and bulk regulations, and the site plan requirements contained in the requirements for the EM (Extractive Manufacturing) District. 4. Mining shall be limited to the 17.191-acre area described on the provided plat. 5. Hours of operation shall be from 7:00 a.m. until 4:00 p.m. No Sunday operations. 6. The Zoning Administrator may require enclosure of the crusher, if adverse impact occurs. 7. Only portable crushers are to be used on site 8. Mine-owned-and-operated trucks will only enter this site via Wardensville Pike (Route 55) to Pifer Road (Route 600) to Brill Road (Route 603). Mine-owned-and-operated trucks will exit this site via Brill Road (Route 603) to Pifer Road (Route 600) to Wardensville Pike (Route 55). 9. Truck departure and arrival times shall be controlled to avoid encounters with school buses during regular school bus travel times. 10. Mundy shall, at VD01' request, maintain and or repair Brill Road (Route 603) from the mine entrance to Pifer Road (Route 600). These actions are noted under VDOT comments. Minute Book Number 33 Board of Supervisors Regular Meeting of Ul/09/08 186 Supervisor Lofton asked what power VDOT's comments would hold if the pull-offs needed to be constructed or calcium chloride applied to the road. Zoning Administrator Cheran responded that if the applicant were in violation of the conditional use permit then the County would begin revocation of the permit. Ben Butler, attorney for the applicant, appeared before the Board and advised that the Planning Commission had held extensive hearings on this application and the applicant had met with citizens in the area. He stated transportation was considered the source of complaint. He advised that VDO1' would have to request any work to be performed by Mundy Sand to improve the road because Mundy Sand does not have the right to the work without VDOT's authorization. Mr. Butler then showed photographs of two dump trucks passing on the road to illustrate that it could be done. He went on to say that weather conditions would dictate the traffic and operation of the sand mine. Mr. Butler stated what was being proposed in this application was much better than what was existing today. He went on to say that Mundy Sand would contact the schools to find out bus schedule and would hold the trucks beginning 15 minutes before the buses pass the area. Chairman Shickle convened the public hearing. Kobert Engle, Back Creek District and adjacent property owner, stated that Mundy Sand had tried to downplay or "minimize" the size of the impact of this operation. The applicant expects 30-40 trucks a day in the future and there have been no controls to deal with that level or volume of traffic on the road. He went on to say his properly and others in the neighborhood would be devalued over the next 10 to 20 years. He concluded by saying he would like to see some kind of controls put on these activities. There being no further public comments, Chairman Shickle closed the public hearing. Chairman Shickle asked about the five year review provision in the original permit. 'Coning Administrator Cheran responded that he did not know why that was done. Supervisor Lofton expressed his appreciation to the applicant for meeting with the neighbors. He stated that he had heard many valid concerns from the neighbors, but given that this new permit would be more restrictive, he moved to approve Conditional Use Permit #06-07. I -__ The motion was seconded by Supervisor Lemieux. The above motion was approved by the following recorded vote: Minute Book Number 33 Board of Supervisors Regular Meeting of 01/09/08 187 Richard C. Shickle Aye Charles S. DeIIaven, Jr. Aye Gary W. Dove Aye Bill M. Ewing Aye Gene E. Fisher Aye Philip A. Lemieux Aye Gary A. Lofton Aye OTHER PLANNING ITEMS: MASTER DEVELOPMENT PLAN #13-07 OF WINCHESTER GATEWAY - APPROVED Senior Planner Candice Perkins appeared before the Board regarding this item. She advised this was a master development plan for multiple parcels located on Route 7 at Getty Lane for commercial uses. She stated the Eastern Road Plan calls for Getty Lane to connect to Regency Lakes Drive. The applicant provided a Traffic Impact Analysis for the undeveloped portion of the site. She went on to say the applicant was requesting a waiver of § 144-24C of the Subdivision Ordinance to allow the parcels to be subdivided utilizing a private road. The Planning Commission recommended approval of the waiver and the master development plan. She concluded by saying this plan was consistent with the Zoning Ordinance and was in a form that was administratively approvablc. Evan Wyatt, Greenway Engineering, was present to answer any questions the Board might have. Upon a motion by Supervisor DeHaven, seconded by Supervisor Lofton, the Board approved the waiver of § 144-24C of the Subdivision Ordinance and granted staff authority to administratively approve Master Development Plan #13-07. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Charles S. DeHaven, Jr. Aye Gary W. Dove Aye Bill M. Ewing Aye Gene E. Fisher Aye Philip A. Lemieux Aye Gary A. Lofton Aye MASTER DEVELOPMENT PLAN #11-07 OF GLENDOBBIN -APPROVED Senior Planner Candice Perkins appeared before the Board regarding this item. She advised this was a master development plan for 30 residential units on 31 acres zoned RA (Rural Areas) district. 'fhe applicant proposed one public entrance for 301ots. The development would be served Minute Book Number 33 Board of Supervisors Regular Meeting of 01/09/08 88 by Sunflower Drive. She advised the applicant had proffered right-of--way for Route 37. The Planning Commission recommended approval of this master development plan along with a waiver of °144-17G of the Subdivision Ordinance for cul-de-sac length. She concluded by saying the master development plan conformed to the Zoning Ordinance and addressed staff's concerns. Patrick Sowers, Patton, Harris, Rust Associates, appeared before the Board and advised this plan conformed to the proffered generalized development plan for this site. Upon a motion by Supervisor DeHaven, seconded by Supervisor Fisher, the Board approved the waiver of § 144-17G of the Subdivision Ordinance and granted staff administrative authority to approve Master Development Plan #11-07. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Charles S. DeHaven, Jr. Aye Gary W. Dove Aye Bill M. Ewing Aye Gene E. Fisher Aye Philip A. Lemieux Aye Gary A. Lofton Aye MASTER DEVELOPMENT PLAN #15-07 OF SHENANDOAH UNIVERSITY APPROVED Chairman Shickle and Vice-Chairman Fisher recused themselves from consideration of this matter due to a conflict of interest. Senior Planner Candice Perkins appeared before the Board regarding this item. She advised this was a master development plan for a commercial use situated on 24.4 acres zoned B-2 (Business General) and B-3 (Industrial Transition) Districts. There were no proffers associated with this property. "1'he property will be located off of Wincrest Drive at Route 522 South. The site will have one full entrance onto Front Royal Pike. She went on to say Wincrest Drive would be built to state road standards, but would remain a private road. Senior Planner Perkins concluded by saying thel master development plan conformed to the Toning Ordinance, addressed staff's concerns, and was in a form that was administratively approvable. Upon a motion by Supervisor DeHaven, seconded by Supervisor Lofton, the Board authorized staff to administratively approve Master Development Plan #15-07. "The above motion was approve by the following recorded vote: Richard C. Shickle Abstain Minute Book Number 33 Board of Supervisors Regular Meeting of Ol/09/OS 189 Charles S. DeHaven, Jr. Aye Gary W. Dove Aye Bill M. Ewing Aye Gene E. Fisher Abstain Philip A. Lemieux Aye Gary A. Lofton Aye DISCUSSION OF 2008-2009 CAPITAL IMPROVEMENT PLAN (CIP) - POSTPONF.D ACTION UNTIL JANUARY 23.2008 MEETING Deputy Director of Planning Michael Ruddy appeared before the Board regarding this item. I Ie advised the proposed Capital Improvement Plan contains 55 projects of which four are new. The new projects include 2 from Parks and Recreation, 1 Transportation, and 1 from the Winchester Regional Airport. The Board briefly discussed how the Capital Improvement Plan would be amended during the year to cover equipment requests from the various fire companies, which might arise throughout the year. Assistant County Administrator Kris Tierney advised that staff would be discussing this scenario and bringing a recommendation to the Finance Committee at its January 16th meeting. Supervisor Ewing moved to postpone sending this item forward for public hearing until the Finance Committee receives staff's recommendation and that this item be brought back to the Board at its next meeting. The motion was seconded by Supervisor DeHaven and approved by the following recorded vote: Richard C. Shickle Aye Charles S. DeHaven, Jr. Aye Gary W. Dove Aye Bill M. Ewing Aye Gene E. Fisher Aye Philip A. Lemieux Aye Gary A. Lofton Aye REQUEST FOR WORKSESSION RE: TRANSPORTATION IMPACT FEES -ITEM REFERRED TO TRANSPORTATION COMMITTEE In lieu of a worksession, the Chairman assigned this topic and the creation of a transportation authority to the Transportation Committee for review and with the Committee to bring a recommendation back to the Board. BOARD LIAISON REPORTS There were no Board liaison reports. Minute Book Number 33 Board of Supervisors Regular Meeting of Ol/09/OS 190 CITIZEN COMMENTS Robin McCants, Stonewall District, commented on the Glendobbin Master Development Plan. She advised there appeared to be a technical error on the plan, which referenced the zoning on the adjacent parcels as RP (Residential Performance) District instead of RA (Rural Areas) District. She stated this needed to be corrected and that the applicant's representative, Patrick ~ Sowers with Patton, Harris, Rust and Associates, agreed to make this correction. Kevin Kennedy, Gainesboro District, advised the Board that the political climate was changing in the County and he urged them to listen to all of the citizens. BOARD OF SUPERVISORS COMMENTS 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. (8:40 P.M.) ~ ~ ~Q Richard C. Shickle Chairman, Board of Supervisors oh . Ril , Jr. rk, Board of Supervisors Minutes Prepared By: ~. Jay E. Ti s Deputy Clerk, Board of Supervisors Minute Bouk Number 33 Board of Supervisors Regular Meeting of 01/09/08