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HomeMy WebLinkAboutJanuary 23, 2008 Regular Meeting194 A Regular Meeting of the Frederick County Board of Supervisors was held on Wednesday, January 23, 2008, at 7:15 P.M., in the Board of Supervisors' Meeting Room, 107 North Kent Street, County Administration Building, 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 Gary A. Lofton. CALL TO ORDER Chairman Shickle called the regular meeting to order. INVOCATION Supervisor Dove delivered the invocation. PLEDGE OF ALLEGIANCE Vice-Chairman Gene 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 Dove, seconded by Supervisor Lofton, the Board approved the agenda as presented. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Gene E. Fisher Aye Charles S. DeHaven, Jr. Aye Gary W. Dove Aye Bill M. Ewing Aye Philip A. Lemieux Aye Gary A. Lofton Aye CONSENT AGF,NDA -APPROVED Administrator Riley presented one item for the Board's consideration under the consent agenda: - Item #1 -Resolution of Appreciation, which would be presented to the individual on Friday, January 25, 2008. Upon a motion by Supervisor Ewing, seconded by Supervisor DeHaven, the Board approved the consent agenda by the following recorded vote: Richard C. Shickle Aye Gene E. Fisher Aye Minute Book Number 33 Board of Supervisors Regular Meeting of 01/23/08 195 Charles S. DeHaven, Jr. Aye Gary W. Dove Aye Bill M. Ewing 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 Supervisors' comments. MINUTES -APPROVED Upon a motion by Supervisor DeHaven, seconded by Supervisor Dove, the Board approved the minutes from the January 9, 2008 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 Gary A. Lofton Aye COUNTY OFFICIALS RESOLUTION (#040-08) OF APPRECIATION -APPROVED UNDER CONSENT AGENDA RESOLUTION OF APPRECIATION FOR LAWRENCE R. AMBROGI WHEREAS, Lawrence R. Ambrogi served the County of Frederick, Virginia, faithfully, for the past 39 years, from November 1, 1968 until December 31, 2007; and WHEREAS, Mr. Ambrogi served most ably as the Frederick County Commonwealth Attorney for the County of Frederick for the past 35 years; and WHEREAS, Mr. Ambrogi, in addition to his duties as Commonwealth's Attorney, served this Board and the citizens of Frederick County as the County Attorney for Frederick County; and WHEREAS, Mr. Ambrogi was instrumental in the creation of the Frederick County Law Library; and WHEREAS, this Board will always consider Mr. Ambrogi a colleague and friend. NOW, THEREFORE BE IT RESOLVED, that the Frederick County Board of Supervisors extends its sincerest thanks to Lawrence R. Ambrogi and wishes him all of the best in his future endeavors. BE IT FURTHER RESOLVED, that this resolution be spread across the minutes of the Frederick County Board of Supervisors for all citizens to reflect upon the accomplishments of this public servant. Minute Book Number 33 Board of Supervisors Regular Meeting of 01/23/08 ..196 ADOPTED this 23rd day of January, 2008. RANDY JONES OF ROBINSON FARMER, COX ASSOCIATES TO ADDRESS BOARD RE• COMPREHENSIVE ANNUAL FINANCIAL REPORT (CAFR) Randy Jones and Wes Clark of Robinson, Farmer, Cox Associates appeared before the Board to review the Comprehensive Annual Financial Report. Mr. Jones advised that the County received a clean opinion and there were no matters ofnon-compliance. Mr. Clark stated the County was well on its way to complying with the GASB 45 requirements which will be in effect next year. Chairman Shickle asked Mr. Jones for his counsel on whether the County's Finance Committee should serve as the audit committee or if a separate audit committee should be appointed. Mr. Jones recommended a separate audit commiriee be appointed and suggested the Board might want to consider having a representative from the School Board serve on this committee. Mr. Jones went on to say that, in the future, Chairman Shickle should sign the audit engagement letter. Chairman Shickle requested that staff put these items on the Finance Committee agenda. COMMITTEE APPOINTMENTS APPOINTMENT OF DAVID BURLESON TO THE TRANSPORTATION COMMITTEE -APPROVED Upon a motion by Supervisor DeHaven, seconded. by Supervisor Lemieux, the Board appointed David Burleson to the Transportation Committee. 'fhe 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 Gary A. Lofton Aye APPOINTMENT OF LAWRENCE AMBROGI AS SHAWNEF. DISTRICT REPRESENTATIVE ON THE PLANNING COMMISSION -APPROVED Upon amotion byVice-Chairman Fisher, seconded by Supervisor Dove, the Board appointed Lawrence R. Ambrogi to fill the unexpired term of Robert A. Morris as Shawnee District Representative on the Planning Commission, said term to expire Apri128, 2009. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Minute Book Number 33 Board of Supervisors Regular Meeting of 01!23/08 197 Gene E. Fisher Aye Charles S. DeHaven, Jr. Aye Gary W. Dove Aye Bill M. Ewing Aye Philip A. Lemieux Aye Gary A. Lofton Aye APPOINTMENT OF JUNE WILMOT AS MEMBER-AT-LARGE AND H PAIGE MANUF,L AS SHAWNEE DISTRICT REPRESENTATIVE ON THE PLANNING COMMISSION -APPROVED Upon a motion by Vice-Chairman Fisher, seconded by Supervisor DeHaven, the Board appointed June Wilmot to serve as Member-At-Large and H. Paige Manuel to serve as the Shawnee District Representative on the Planning Commission. 'Their terms shall remain the same. 'i'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 Gary A. Lofton Aye APPOINTMENT OF PATRICK ANDERSON AS SHAWNEE DISTRICT REPRESENTATIVE ON THE PARKS AND RECREATION COMMISSION - APPROVED iJpon a motion by Vice-Chairman Fisher, seconded by Supervisor DeHaven, the Board appointed Patrick Anderson to serve as Shawnee District Representative on the Parks and Recreation Commission. This is a four year appointment, said term to expire January 28, 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 Gary A. Lofton Aye REAPPOINTMENT OF JAMES W. GOLLADAY JR AS COUNTY REPRESENTATIVE ONTHE WINCHESTF,R-FREDERICK COUNTY ECONOMIC DEVELOPMENT COMMISSION -APPROVED Upon a motion by Supervisor Dove, seconded by Supervisor Lemieux, the Board reappointed James W. Golladay, Jr. to serve as County Representative to the Winchester-Frederick County Economic Development Commission. This is a three year appointment, said term to expire January 31, 2011. Minute Book Number 33 Board of Supervisors Regular Meeting of Ol/23/OS 198 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 Gary A. Lofton Aye APPOINTMENT OF RICHARD RUCKMAN AS STONEWALL DISTRICT REPRESENTATIVE ON THF. PLANNING COMMISSION -APPROVED Upon a motion by Supervisor DeHaven, seconded by Vice-Chairman Fisher, the Board appointed Richard Ruckman to serve as Stonewall District Representative on the Planning Commission. This is a four year appointment, said term to commence February 12, 2008 and expire February 12, 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 Aye Philip A. Lemieux Aye Gary A. Lofton Aye REAPPOINTMF,NT OF ROBERT W. SPANGLER AS MEMBER-AT-LARGE FROM FREDERICK COUNTY TO THE NORTHERN SHENANDOAH VALLEY DISABILITY SERVICES BOARll (DSB) -APPROVED Upon a motion by Supervisor DeHaven, seconded by Vice-Chairman Fisher, the Board reappointed Robert W. Spangler as Member-At-Large from Frederick County to the Northern Shenandoah Valley Disability Services Board (DSB). This is a three year appointment, said term to expire March 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 Gary A. Lofton Aye BFI SETTLEMENT AGREEMENT -APPROVED Administrator Riley reviewed the history of this issue. He stated the proposed documents were the result of continuing discussions with Browning Ferris Industries (BFI). He advised this Minute Book Number 33 Board of Supervisors Regular Meeting of 01/23/08 199 company was caught bringing outside waste into the landfill and in Apri12006 the Company was notified that they had violated their contract with the County and the County subsequently terminated their contract. In addition, BFI was banned from the County's landfill. Administrator Riley explained the two documents before the Board were Conditions for Reinstatement Agreement and Settlement Agreement and Release. He stated the County Attorney had modified the language in item #3 of the Conditions for Reinstatement Agreement to include the following "except as may be necessary for the County to enforce against any violations of this Agreement identified in one or more particular route sheets." IIe went on to say landfill staff would review these terms with BFI prior to allowing them to use the landfill. IIe concluded by saying BFI would pay the County $2 million. Ben Butler, Attorney for BFI, appeared before the Board regarding this item. Chairman Shickle asked Mr. Butler if the County could rely upon Mr. Butler's client to do everything in their power to insure there would be no future disputes. Mr. Butler responded yes, "absolutely". Upon a motion by Supervisor Ewing, seconded by Supervisor Dove, the Board approved the Conditions for Reinstatement Agreement with the amendment provided by the County Attorney. 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 Gary A. Lofton Aye Upon a motion by Vice-Chairman Fisher, seconded by Supervisor Lofton, the Board approved the Settlement Agreement and Release. 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 Gary A. Lofton Aye COMMITTEE REPORTS Minute Book Number 33 Board of Supervisors Regular Meeting of 01/23/08 200 FINANCE COMMITTEE REPORT The Finance Committee met in the First Floor Conference Room at 107 North Kent Street on Wednesday, January 16, 2008 at 8:00 a.m. All members were present. Items 1, 2, and 5 were approved under consent agenda. Upon a motion by Supervisor Ewing, seconded by Supervisor DeHaven, the Board approved the consent agenda by the following recorded vote: Richard C. Shickle Aye Gene E. Fisher Aye Charles S. DeHaven, Jr. Aye Gary W. Dove Aye Bill M. Ewing Aye Philip A. Lemieux Aye Gary A. Lofton Aye 1. The Sheriff requests a General Fund supplemental appropriation in the amount of $50. This amount represents a donation to the department. No local funds needed. See attached memo, p. 1. -Approved Under Consent Agenda. 2. The Sheriff requests a General Fund supplemental appropriation in the amount of $1,97250. "Phis amount represents a reimbursement for DARE t-shirts and a donation to the DARE Program. No local funds needed. Sce attached memo, p. 2. -Approved Under Consent Agenda. 3. The Transportation Director requests a General Fund supplemental appropriation in the amount of $9,000. This amount represents matching funds for the Virginia Department of Rail and Public Transit grant applied for by S&W Tours. See attached memo, p. 3. The committee recommends approval. -Approved. (Resolution #041-08: Resolution Authorizing the Application for State Aid to Public Transportation - On File) Upon a motion by Supervisor F,wing, seconded by Vice-Chairman Fisher, the Board approved the above request by the following recorded vote: Richard C. Shickle Aye Gene E. Fisher Aye Charles S. DeHaven, Jr. Aye Gary W. Dove Aye Bill M. Ewing Aye Philip A. Lemieux Aye Gary A. Lofton Aye 4. The Fire and Rescue Deputy Chief requests a General Fund supplemental appropriation' in the amount of $44,835. This amount represents the State portion of an OF,MS grant to purchase portable radios. Funds will be reimbursed to the County once expended. See attached memo, p. 4-6. The committee recommends approval. -Approved. Upon a motion by Supervisor Ewing, seconded by Supervisor Dove, the Board approved the above request by the following recorded vote: Richard C. Shickle Aye Gene E. Fisher Aye Charles S. DeHaven, Jr. Aye Minute Book Number 33 Board of Supervisors Regular Meeting of 01!23/08 201 Gary W. Dove Aye Bill M. Ewing Aye Philip A. Lemieux Aye Vary A. Lofton Aye 5. The Director of Parks and Recreation requests a General Fund supplemental appropriation in the amount of $5,500. This amount represents proceeds from Parks events and corresponding donations to community organizations. See attached memos, p. 7. -Approved Under Consent Agenda. 6. "fhe County Administrator requests a General Fund supplemental appropriation in the amount of $6,000. This amount represents legal expenses to be incurred for the remainder of the fiscal year. Local funds are required. See attached memo, p. 8. The committee recommends approval. -Approved. Upon a motion by Supervisor F,wing, seconded by Supervisor DeHaven, the Board approved the above request by the following recorded vote: Richard C. Shickle Aye Gene E. Fisher Aye Charles S. DeHaven, Jr. Aye Gary W. Dove Aye Bill M. Ewing Aye Philip A. Lemieux Aye Gary A. Lofton Aye 7. 1"he Assistant County Administrator provides a draft policy and requests discussion on the use of cash proffers and inclusion of Fire & Rescue companies needs in the CIP. See attached information, p. 9-14. The committee requests clarification on how the funds are earmarked and the addition of county fire departments to the policy. -Information Only. 8. The County Administrator requests direction on the community's Ozone Early Action Plan. See attached information, p. 15-17. The committee recommends continuing the program for one year with the funding relationship currently in place with the City of Winchester. -Approved. Upon a motion by Supervisor Ewing, seconded by Supervisor DeHaven, the Board approved the above request by the following recorded vote: Richard C. Shickle Aye Gene E. Fisher Aye Charles S. DeHaven, Jr. Aye Gary W. Dove Aye Bill M. Ewing Aye Philip A. Lemieux Aye Gary A. Lofton Aye 9. The County Attorney requests a General Fund budget transfer in the amount of $2,000 from personnel to operating. See attached memo, p. 18-19. The committee recommends approval. - Approved. Upon a motion by Supervisor Ewing, seconded by Supervisor DeHaven, the Board approved the above request by the following recorded vote: Richard C. Shickle Aye Gene E. Fisher Aye Charles S. DeHaven, Jr. Aye Minute Book Number 33 Board of Supervisors Regular Meeting of 01/23/08 202 Gary W. Dove Aye Bill M. Ewing Aye Philip A. Lemieux Aye Gary A. Lofton Aye ***For Information Only*** 1. The Finance Director provides a fund balance report. See attached, p. 20. PUBLIC HEARING PUBLIC HEARING - AMENDMENT TO THE 2007-2008 FISCAL YEAR BUDGET. PURSUANT TO SECTION 15 2-2507 OF THE CODE OF VIRGINIA, 1950, AS AMENDED THE BOARll OF SUPERVISORS WILL HOLD A PUBLIC HEARING TO AMEND THE FISCAL YEAR 2007-2008 BUDGET TO REFLECT: SCHOOL CONSTRUCTION FUND SUPPLEMENTAL APPROPRIATION IN THE AMOUNT OF $7 000 000 THIS AMOUNT REPRESENTS FUNDS FOR: LANll ACQUISITION ARCHITECTURAL DESIGN, ENGINEERING AND SITE TESTING UP TO THE POINT THAT BID DOCUMENTS ARE PUBLISHED FOR A PROPOSED TRANSPORTATION FACILITY AND REPLACEMENT FREDERICK COUNTY MIDDLE SCHOOL; ARCHITECTURAL DF,SIGN AND ENGINEERING UP THE POINT THAT BID DOCUMENTS ARE PUBLISHEll FOR THE SCHOOL ADMINISTRATION BUH.DING AND ROBERT E. AYLOR MIDDLE SCHOOL RENOVATION PROJECT: ANll CONSTRUCTION OF APPLE PIE RIDGE AND BASS HOOVER PROJECTS - PARTIALLY APPROVFD - (RESOLUTION #034-08; REIMBURSEMENT RESOLUTIONS #035-08. 037-U8 AND 039-08 ON FILE) Administrator Riley advised this was a request from Frederick County Public Schools for a school construction fund supplemental appropriation in the amount of $7 million for various school construction projects. He went on to say should the Board approve any or all of these projects, there was a reimbursement resolution associated with each project that needed to be adopted in order for the Board to reimburse itself for any proceeds advanced for these projects. Superintendent of Schools Patricia Taylor appeared before the Board and thanked them for their time and for their review of the various documents submitted. She went on to say it was the position of the schools that these steps were necessary to deal with growth occurring in the community and the School Board was willing to work with the Board of Supervisors to fund these projects. Chairman Shickle convened the public hearing. There were no public comments. Chairman Shickle closed the public hearing. Minute Book Number 33 Board of supervisors Regular Meeting of 01/23/08 203 Supervisor Dove expressed his appreciation for the School Board working with the Board of Supervisors; however, he had concerns funding all of these projects based on the county's financial condition. He went on to say this was probably the best market for purchasing land, but he would have trouble going any further than land acquisition at this time. Supervisor Ewing stated that he too had concerns based on there being no additional revenues coming into the county. IIe went onto say that he had a problem approving these projects until he knew the budget situation. He concluded by saying fall would be a better time. Vice-Chairman Fisher stated that in the past the Board had agreed to use fund balance to buy land and he believed the replacement Frederick County Middle School and the transportation facility were two priorities. Supervisor Ewing stated he could support using fund balance to purchase property and reimbursing the County at a future date through the bond proceeds. Superintendent Taylor informed the Board that the Apple Pie Ridge project was an off-season project. She agreed that acquisition of land was the prudent thing to do at this time. Chairman Shickle asked that the School staff do some additional work to try to level off the debt service amounts. He advised that the County had neither the ability to stock pile money nor would they be able to react to such a large increase in one year. He went on to say that he was concerned that the design and testing expenses would be wasted if a project was not able to move forward. Finance Director Lisa Frye advised that the School normally has a choice of level principal or level payments when doing these projects and they normally chose level principal. She went on to say the amortization could be reworked to level the payments. Assistant Superintendent for Administration Al Orndorff advised that the design for the projects would be limited to preliminary schematics. Supervisor Ewing moved to not approve the projects, but if land became available for acquisition then the Board would fund it out of Fund Balance. The motion was seconded by Supervisor Dove. Administrator Riley stated that he would rather see the Board work towards the advancement of funds for land acquisition. He went on to say the Board could allow the School Board to go to Minute Book Number 33 Board of Supervisors Kegular Meeting of 01/23/08 204 the VPSA for land acquisition only. The reimbursement resolution would allow the County to put the advanced funds back into Fund Balance. He reminded the Board that they would need to act on the two reimbursement resolutions for those projects dealing with land acquisition. Finance Director Lisa Frye advised that the reimbursement resolutions must be in place within 60 days of the application. Supervisor Ewing withdrew his motion and Supervisor Dove withdrew his second. Supervisor Ewing moved to approve the Transportation Facility and the replacement Frederick County Middle School projects with the funds for land acquisition to come from fund balance and to be reimbursed from the VPSA bond proceeds. The motion was seconded by Supervisor Dove. Vice-Chairman Fisher moved to amend the motion to include the renovations to Apple Pie Ridge up to $1 million to be funded from the VPSA Spring issue and to approve the reimbursement resolution and appropriate the funds. The motion was seconded by Supervisor Lemieux. 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 Nay Philip A. Lemieux Aye Gary A. Lofton Aye The amended 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 Gary A. Lofton Aye PLANNING COMMISSION BUSINESS PUBLIC HEARING PUBLIC HEARING -CONDITIONAL USE PERMIT #08-07 FOR WAYNE AND MELISSA FAUVER, FOR A PUBLIC GARAGE WITH BODY REPAIR. THIS PROPERTY IS LOCATED AT 441 MARPLE ROAD (ROUTE 654), AND IS IDENTIFIED BY PROPERTY IDENTIFICATION NUMBER 42-A-54-D IN THE GAINESBORO MAGISTERIAL DISTRICT. -APPROVED Minute Book Number 33 Board or Supervisors Regular Meeting or01/Z3/08 205 Zoning Administrator Mark Cheran appeared before the Board regarding this item. He advised that the property was located at 441 Marple Road and was zoned RA (Rural Areas) District. He went on to say the proposed use was public garage with auto repair. The proposed use is permitted with an approved conditional use permit. The proposed garage would be 3,500 square feet. Zoning Administrator Cheran then reviewed the proposed conditions for this permit: All review agency comments and requirements shall be complied with at all times. 2. No more than two employees allowed with this conditional use permit. 3. The applicant will be limited to repairing or restoring only five vehicles at a time. 4. No more than five inoperable vehicles on the property at any given time. Must comply with Section 165-47C of the Frederick County Zoning Ordinance. 5. All repair activities shall occur entirely within the 3,500 square-foot enclosed structure. 6. Hours of operation shall be from 7:00 a.m. to 7:00 p.m. 7. Any business use outside the repair realm of the conditional use permit is not permitted. 8. Any proposed business sign shall conform to cottage occupation sign requirements and shall not exceed four square-feet in size. 9. Any expansion or change of use shall require a new conditional use permit. He went on to say the applicant would apply additional screening through a board on board fence. Zoning Administrator Cheran concluded by saying the Planning Commission recommended approval with conditions 1-9. Supervisor Dove asked staff to review Section 165-57C. Zoning Administrator Cheran advised this section had to do with inoperable motor vehicles. He went on to say the words "an opaque fence" could be added to item #4. Chairman Shickle convened the public hearing. There were no public comments. Chairman Shickle closed the hearing. iJpon a motion by Supervisor llove,seconded byVice-Chairman Fisher, the Board approved Conditional Use Permit #08-07 with the words "an opaque fence" inserted into condition #4. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Gene E. Fisher Aye Charles S. DeHaven, Jr. Ayc Gary W. Dove Aye Minute Book Number 33 Board or Supervisors Regular Meeting of 01/23/08 206 Bill M. Ewing Aye Philip A. Lemieux Aye Gary A. Lofton Aye BUD MAGISTERIAL DISTRICT. -DENIED Deputy Director of Planning and Development Michael Ruddy appeared before the Board regarding this item. He advised this was a request to rezone 2.2 acres from RP (Residential Performance) District to B2 (General Business) District. The property is located at 1932 Road (Route 657) and is situated in the Urban Development Area and Sewer and Water Area. Deputy Director Ruddy noted this proposed development was consistent with what occurring in that area. The applicant dedicated additional right-of--way along Senseny Road Greenwood Road. Site access would be aright-in/right-out on Senseny Road and a full entrance Greenwood Road. The proposed use for the site was a pharmacy with a drive through window.) Deputy Director Ruddy advised the Planning Commission was concerned about the left turn in Greenwood Koad. He then reviewed the proffer statement, which included: - A proffered Generalized Development Plan; - $25,000 for future transportation improvements; - $1,000 for the benefit of Greenwood Fire and Rescue Company; and - A historical monument on the site commemorating the Greenwood School. Deputy Director Ruddy advised that the Planning Commission's discussion focused on how project fit into the neighborhood and the left turn issue. He went on to say there was an proffer which would close both entrances to the site if the properties to the north and west developed with additional inter-parcel connections provided. Deputy Director Ruddy concluded saying the Planning Commission recommended approval of this project with the additional proffer.) John Lewis, Painter-Lewis, appeared before the Board on behalf of the applicant. addressed the traffic impact analysis and stated the intersection at Senseny Road and Road would fall below a service level C by 2010 with or without this development occurring. explained the level of service would not change based on this project and the applicant had Minute Book Number 33 Board or Supervisors Regular Meeting of 01/23/08 207 committed to constructing a significant portion of the needed intersection improvements. Supervisor Lemieux stated there were two issues which were not addressed. One was the need fora 20 foot sign and the other was the applicant did not proffer a schematic of the building. Mr. Lewis responded the applicant would prefer the sign issues be allowed to work themselves out and they would like the same consideration as Orrick Commons. With regard to the building schematic, Mr. Lewis stated one was not proffered because the applicant was not entirely sure the business would be a CV S; however, the applicant did require that certain building materials be used. Supervisor Lemieux asked why the Greenwood entrance could not be eliminated. Mr. Lewis responded the Pharmacy would not go there if it were eliminated. Chairman Shickle convened the public hearing. Kathy Kern, Shawnee District, advised that her family owned the house across from the proposed Greenwood Entrance. She stated drivers already had trouble turning left onto Senseny Road. She went on to say this proposal would make it dangerous for her to go across the street to get her mail. In addition, she did not believe the project would look good at that location because all of the surrounding houses were single story and this building would be two stories. She also had issues with the parking lot lights and vehicle headlights. She concluded by saying having only the right-in/right-out entrance on Senseny Road would alleviate some concerns. There being no further public comments, Chairman Shickle closed the public hearing. Supervisor Lemieux asked if this application were approved would the 20 foot sign supersede. Deputy Director Ruddy responded the applicant would have to comply with the sign ordinance in effect at the time of their site plan approval. Supervisor DeHaven brought to the Board's attention a letter from Robert Shields, who was unable to attend the meeting. The letter read as follows: "My name is Robert Shields and I live in the Redbud District. My property is on Greenwood Road adjacent to the proposed CVS property. I have a few concerns I would like addressed by Painter Lewis and/or the board. Our homes are in a subdivision on a rural road that should not have to be subject to commercialization. As far as I know there has been no communication between Painter Lewis and my neighbors. I myself did receive a letter about a year ago stating I would be contacted within a Minute Book Number 33 Board of Supervisors Regular Meeting of 01/23/08 208 couple of weeks, but I never was. Maybe someone would be able to tell me why. The traffic issue is of great concern. I feel that there is not enough land on this parcel for a CVS to avoid future traffic problems. I wonder if any of the board members have actually come out to this property and witnessed the traffic pattern as it is today. An entrance off of Greenwood Road right next to my driveway and straight across from Ms. Kerns home is not very user friendly. I would like to know how the noise, lighting and just the fact that a business is beside my home will affect our lives. If we had wanted a home in a commercial developed area, we would have purchased in that way. The board has already taken farmland north of Senseny Road and made it commercial property. So why not keep commercial properties on that side of Senseny Road or is it the boards plan to let the whole subdivision be zoned commercial in the future. I feel that the rezoning of this property should be denied. Thank you for your time and consideration. /s/ Robert Shields" Supervisor Lemieux stated that he liked the use on the property and believed it would help the homeowners in the area; however, his biggest issue was the traffic on Greenwood Road; therefore, he could not support the project. Upon a motion by Supervisor Lemieux, seconded by Supervisor DeHaven, the Board denied Rezoning # 11-07. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Gene E. Fisher Aye Charles S. DeHaven, .Tr. Aye Gary W. Dove Nay Bill M. I/wing Aye Philip A. Lemieux Aye Clary A. Lofton Aye PUBLIC HEARING - AN ORDINANCE TO AMEND THE FREDERICK COUNTY CODE, CHAPTER 165, ZONING; ARTICLE IV SUPPLEMENTARY USE REGULATIONS; SECTION 165-30 SIGNS. THIS ORDINANCE AMENDMENT PROPOSES CHANGES TO THE FREDERICK COUNTY ZONING ORDINANCE IN KEGARDS TO SIGNAGE. SPECIFICALLY, THIS ORDINANCE AMENDMENT PROPOSES CHANGES TO THE TYPES OF SIGNAGE ALLOWED, THE ALLOWABLE SIGN HEIGHT AND SIGN SIZE. THIS ORDINANCE AMENDMENT ALSO PROPOSES CHANGES TO SECTION 165-156 DEFINITIONS. WITH THIS ORDINANCE AMENDMENT, EACH INDIVIDUAL ZONING DISTRICT IN THE ZONING ORDINANCE WILL BE UPDATED TO KEFLECT THE CHANCES TO THE SIGN ORDINANCE. -POSTPONED UP TO 30 DAYS Senior Planner Candice Perkins appeared before the Board regarding this item. She advised that over the past year the County had been evaluating potential areas within the sign ordinance that Minute Book Number 33 Board of Supervisors Regular Meeting of 01/23/08 209 warranted enhancement. She went on to say the Development Review and Regulations Subcommittee endorsed changes to the sign ordinance during its meeting of January 25, 2007. The proposed changes were presented to various community organizations and received mixed reviews. In response to the feedback, a Sign Ordinance Work Group, comprised of representatives from the various community interest groups, was formed. The Work Group was tasked with reviewing and revising the ordinance developed by the DRRS to ensure that all parties were comfortable with the proposed changes. Senior Planner Perkins stated the DRRS endorsed the Work Group's changes at their meeting on October 25, 2007. The Planning Commission unanimously recommended approval of the proposed amendments. Senior Planner Perkins then reviewed the proposed changes, which included: - Addition of Electronic Message Signs - 100' Spacing between freestanding signs - Height of Freestanding Signs - Size of Freestanding Signs - Building Mounted Signage - Number of Freestanding Signs Chairman Shickle convened the public hearing. Whitney Wagner, Stonewall District and member of the Development Review and Regulations Subcommittee, appeared before the Board in support of the proposed revisions to the sign ordinance. He endorsed the amendments and encouraged the Board to pass them as presented. He went on to say the Working Group worked. hard and diligently to get the consensus of the user's group. He concluded by saying the proposed ordinance was not perfect, but it was a good ordinance. Patrick Sowers, Patton, Harris, Rust & Associates, expressed concerns about the proposed changes and their effect on off-site business signs. He stated off-site business signs are currently allowed with a conditional use permit; however, they would be prohibited under the new ordinance. He urged the Board to allow off-site business signs with a conditional use permit. There being no further public comments, Chairman Shickle closed the public hearing. Vice-Chairman Fisher moved to postpone action on the sign ordinance for 30 days. The motion was seconded by Supervisor Dove. Minute Book Number 33 Board of Supervisors Regular Meeting of 01/23/08 210 Vice-Chairman Fisher stated a lot of good work went into this ordinance and that he agreed with some aspects of the proposal, but he had comments that he wanted to give to staff to address. He went on to say there was more information and issues that needed to be discussed. Chairman Shickle stated he had several things that he would like to know whether or not the Committee discussed. He suggested the Board give staff their lists of questions with the answers to be shared with the Board in order to see if they have a product that would be approvable at the next meeting. Supervisor DeHaven agreed that a great deal of effort went into this ordinance and he would hate to see it unnecessarily delayed. He went on to say that maybe some of the issues could be responded to at this evening's meeting. In addition, the ordinance could always be amended at a future date. There being no further discussion, the motion to postpone for 30 days was approved by the following recorded vote: Richard C. Shickle Aye Gene E. Fisher Aye Charles S. DeHaven, Jr. Nay Gary W. Dove Aye Bill M. F,wing Aye Philip A. Lemieux Aye Gary A. Lofton Aye OTHER PLANNING COMMISSION ITEMS PUBLIC HEARING Deputy Director of Planning and Development Michael Ruddy appeared before the Board regarding this item. He advised that the Finance Committee had recommended an additional capital expenditure item be established for the purchase of replacement equipment and vehicles for fire and rescue services. That was the only addition to the plan that was previously reviewed by the Board. He concluded by saying the proposed Capital Improvements Plan contains 56 projects, ofwhich five are new. Upon a motion by Supervisor Dove, seconded by Supervisor Ewing, the Board sent the 2008-2009 Capital Improvements Plan forward for public hearing. The above motion was approved by the following recorded vote: Minute Book Number 33 Board of Supervisors Regular Meeting of Ul/Z3/O8 21 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 Gary A. Lofton Aye BOARD LIAISON REPORT Supervisor Dove advised the he, Vice-Chairman Fisher, and Administrator Riley met with Winchester Fire Chief Frank Wright to review the ethics policy and procedures for fee for service. He hoped to come back to the Board within 30 days with a recommendation. Supervisor Dove also reported the Public Works Committee met with five architectural firms to review cost analysis for renovating the Old Gainesboro School. CITIZEN COMMENTS Ross Hewitt, Gainesboro District and owner of a waste hauling business, stated that he witnessed the County bowing down to a private company this evening. He went on to say it was documented that BFI had broken the landfill code and stole money from the County. He believed they should have been indefinitely suspended from the landfill. He concluded by asking for an explanation of how this could be. BOARD OF SUPERVISORS COMMENTS There were no Board of Supervisors' comments. ADJOURN UPON A MOTION BY SUPERVISOR EWING, SECONDED BY SUPERVISOR DEHAVEN, THERE BEING NO FURTHER BUSINESS TO COMF, BEFORE THIS BOARD, THIS MEETING IS HEREBY ADJOURNED. (9:20 P.M.) Richard C. Shickle Jon .Riley, Jr. Chairman, Board of Supervisors C rk, Board of Supervisors Minutes Prepared By: ~ ~~{,~ ~ ~"`~~~ Jay E./I'i~ Deputy Clerk, Board of Supervisors Minute Book Number 33 Board of Supervisors Regular Meeting of 01/23/08