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HomeMy WebLinkAboutApril 09 2008 Regular Meeting302 A Regular Meeting of the Frederick County Board of Supervisors was held on Wednesday, April 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; Vice Chairman Gene F,. 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 meeting to order. INVOCATION Reverend Ross Halbersma, New Hope Alliance Church, delivered the invocation. PLEDGE OF ALLEGIANCE Vice-Chairman Fisher led the Pledge of Allegiance. ADOPTION OF AGENDA -APPROVED Upon a motion by Supervisor Dove, seconded by Supervisor DeHaven, 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 AGENDA County Administrator John R. Riley, Jr. advised there were no items for the consent agenda. CITIZEN COMMENTS There were no citizen comments. BOARD OF SUPERVISORS COMMENTS There were no Board of Supervisors' comments. MINUTES-APPROVED Upon a motion by Vice-Chairman Fisher, seconded by Supervisor Ewing, the Board approved the minutes from the March 26, 2008 meeting. Minute Book Number 33 Board of Supervisors Regular Meeting of 04/09/08 30~ The above motion was approved by the following recorded vote: Richard C. Shickle Aye Gene E. Fisher Aye Charles S. DeHaven, Jr. Aye Crary W. Dove Aye Bill M. Ewing Aye Philip A. Lemieux Aye Gary A. Lofton Aye COUNTY OFFICIALS - APPROVED County Administrator John R. Riley, Jr, read the following resolution: WHEREAS, a notice of public hearing and budget synopsis has been published and a public hearing held on March 26, 2008. THEREFORE, BE IT FURTHER RESOLVED, by the Board of Supervisors of the County of Frederick, Virginia, that the tax rates for the 2008 assessment year as advertised in The Winchester Star on March 17, 2008, be hereby approved as follows: • 52 '/z cents per $100 of assessed value to be applied to real estate, including mobile homes. • $4.20 per $100 of assessed value to be applied to personal property. • $2.25 per $100 of assessed value to be applied to persona] property on one vehicle to volunteer firefighters that are approved and registered with the Fire and Rescue Department. • 42 %z cents per $100 to be applied to airplanes. • Lero tax to be applied to antique vehicles. • $2.00 per $100 of assessed value on declining values to be applied to machinery and tools, and contract classified vehicles. The declining values are 60% for the first year, 50% for the second year, 40% for the third year, and 30% for the fourth year and beyond. The Business and Professional Occupational License rates are as follows: • Retail 20 cents per $100 of gross receipts. •Contractors 16 cents per $100 of gross receipts. • Professional services 58 cents per $100 of gross receipts. • Repair, personal and business services and all other business and occupations not specifically listed or exempted 36 cents per $100 of gross receipts. •Wholesale 5 cents per $100 of purchases. • Meals tax at an adopted rate of 4 cents per $1.00. • Lodging tax at an adopted rate of 2 cents per $1.00. County decals at an adopted rate of $25 per vehicle and $10 per motorcycle. Minute Book Number 33 Board of Supervisors Regular Meeting of 04/09/08 304 The Sanitary Landfill fees are as follows: $45 per ton for commercial/industrial; $42 per ton for construction demolition debris; $24 per ton for municipal waste and $24 per ton for municipal sludge. The local tax for Enhanced 911 Service will continue to be set at a rate of $1.60. THEREFORE, BE IT FURTHER RESOLVED, that the Board of Supervisors of the County of Frederick, Virginia, will adopt a resolution appropriating the fiscal year 2008-2009 budget prior to June 30, 2008. Upon a motion by Supervisor Ewing, seconded by Supervisor Dove, the Board approved the resolution to adopt the 2008 assessment year tax rate. The above motion was approved by the following recorded vote: Richard C. 5hickle 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 APPOINTMENTS APPOINTMENT OF LAUKEN KREMPA AS MEMBER-AT-LARGE ON THE HISTORIC RESOURCES ADVISORY BOARD -APPROVED Upon a motion by Supervisor DeHaven, seconded by Supervisor Dove, the Board appointed Lauren Krempa to serve as member-at-large on the Historic Resources Advisory Board for a four year appointment, said term to commence April 9, 2008 and expire Apri19, 2012. The above motion was approved by the following recorded vote: Richard C. 5hickle Aye Gene F,. 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 MEMBERS TO THE DEVELOPMENT IMPACT MODEL COMMITTEE -APPROVED Upon a motion by Supervisor DeHaven, seconded by Supervisor Lemieux, the Board reappointed the following members to the Development Impact Model Committee: Kris C. Tierney -County Administration Representative Gary W. Dove -Board of Supervisors' Representative Gary Lorton -Finance Committee Representative H. Paige Manuel -Planning Commission Representative Roger L. Thomas -Planning Commission Representative Stuart A. Wolk -School Board Representative Minute Book Number 33 Board of Supervisors Regular Meeting of 04/09/08 30F Josh Phelps -Economic Development Commission Representative Stephen Petler -Top of Virginia Building Association Representative J. P. Carr -Top of Virginia Building Association Representative This is a one year term, said term to expire June 28, 2009. 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 MARY E. GREENE AS FREDERICK COUNTY REPRESENTATIVE ONTHE LORD FAIRFAX COMMUNITY COLLEGE BOARD - APPROVED Upon a motion by Supervisor Dove, seconded by Supervisor Lemieux, the Board reappointed Mary E. Greene to serve as Frederick County representative to the Lord Fairfax Community College Board. 'This is a four year appointment, said term to commence July 1, 2008 and expire .Tune 30, 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 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 reappointed Joanne Leonardis as the Red Bud District representative on the Social Services Board. This is a four year appointment, said term to commence July 1, 2008 and expire June 30, 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 PAUL G. ANDERSON AS FREDERICK COUNTY Minute Book Number 33 Board of Supervisors Regular Meeting of 04/09/08 306 - APP_ ROVED Upon a motion by Vice-Chairman Fisher, seconded by Supervisor Ewing, the Board reappointed Paul G. Anderson as a Frederick County representative on the Winchester Regional Airport Authority. 'This is a four year appointment, said term to commence July 1, 2008 and expire June 30, 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 APPOINTMENT OF DAN MARTIN JOHN MARKER AND SUF. ROBINSON TO THE WINCHESTER-FREDERICK COUNTY TOURISM BOARD -APPROVED Upon a motion by Supervisor DeHaven, seconded by Supervisor Lemieux, the Board appointed Dan Martin, John Marker, and Sue Robinson to the Winchester-Frederick County Tourism Board, upon approval of same by the Winchester City Council. This is a three year appointment, said term to commence July 1, 2008 and expire June 30, 2011. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Gene E. Fisher AYe Charles S. DeHaven, Jr. Aye Gary W. Dove Aye Bill M. Ewing Aye Philip A. Lemieux Aye Gary A. Lofton Aye CLOSING OF COUNTY OFFICES FOR APPLE BLOSSOM FESTIVAL AND SET THE SCHEDULE FOR BOARD MEETINGS DURING SUMMER MONTHS 2008 - APPKOVED Administrator Riley advised that county offices will be closed on Friday, May 2, 2008 for the 81st Shenandoah Apple Blossom Festival, which is a regularly scheduled holiday for county employees; however, the court offices need an official action by the Board of Supervisors in order to close their offices on that day. In addition, he requested the Board set the meeting schedule during the summer due to vacations. He suggested the cancellation of the July 23, 2008, August 27, 2008, and September 10, 2008 meetings. Minute Book Number 33 Board of Supervisors Regular Meeting of 04!09/OS 307 Upon a motion by Supervisor Lofton, seconded by Supervisor Dove, the Board approved the closing and cancellation schedule as presented. The above motion was approved by the following recorded vote: Kichard 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 COMMITTEE REPORTS PUBLIC WORKS COMMITTEE REPORT -APPROVED The Public Works Committee met on Tuesday, March 25, 2008, at 8:00 a.m. All members were present. ***Items Requiring Action*** 1. PPF,A Proposal for New Park Property A closed session was convened in accordance with the Virginia Code 2.2-3711 A (30) to discuss a PPEA proposal submitted by Caldwell & Santmyer, Inc. to develop a community park in the eastern half of Frederick County. This proposal had been discussed in two (2) previous closed sessions which included presentations as well as a time for questions and answers. After reconvening from the closed session, the committee unanimously voted to reject the PPEA proposal and pursue other means to obtain the property under consideration. Upon amotion byVice-Chairman Fisher, seconded by Supervisor Lemieux, the Board voted to reject the PPEA proposal and pursue other means to obtain the property under consideration. 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 2. Property Trade in ShawneeLand The committee reviewed and unanimously endorsed the trade and deed transfer of lot 12 section 24 map number 498 031 24 12, owned by Albert W. and Betty J Tharp for lots 8 and 9 in section 15, map numbers 49A02 115 8 and 49A02 115 9 which are owned by the SSD. This property trade would continue the SSD plan to acquire all of the land holdings within section 24 so that they will not be required to construct the roads in difficult terrain within this area. (Attachment 1). Upon a motion by Vice-Chairman Fisher, seconded by Supervisor Lofton, the Board Minute Book Number 33 Board of Supervisors Regular Meeting of 04/09/08 308 approved the above property transfer. 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 ***Items Not Requiring Action*** 1. Proposed llevelonment Fee Increases The committee reviewed and endorsed the revised development fees presented by Mr. Eric Lawrence, Director of Planning and Development. These revised fees were previously reviewed and endorsed by the Top of Virginia Builders Association. The revised fees will be forwarded to the Finance Committee for their review and action. (Attachment 2) 2. Studer of Old Gainesboro Elementary School A study prepared by OWPR (Attachment 3) to define the current conditions at the old Gainesboro Elementary School was reviewed by the committee. The intent of the report was to document the existing conditions and identify any deficiencies that may threaten the integrity of the building. The report also recommended action to correct deficiencies and provided estimated costs to implement the corrections. After discussing the report in detail, the committee unanimously concluded that the deficiencies related to the existing roof system would need to be corrected immediately to prevent further deterioration of the building. The committee also concluded that a fire alarm and security system would be beneficial in preserving the integrity of the existing structure. Mr. Whit Wagner suggested that it would be very beneficial to know if the paints referenced in the report actually contained lead. He added that the remediation of lead paint would be very expensive. He also added that it would be helpful to know if the building contained asbestos. Consequently, the committee recommended that the Director of Public Works contact Mr. Larry Rickard with the Frederick County School System to determine if asbestos and/or lead paint studies had been performed for the Gainesboro School. If these reports are available, the committee recommended that a funding request in the amount of $151,800.00 be submitted with their endorsement to the Finance Committee. If the referenced reports are not available, they recommended that the Director of Public Works obtain estimates for performing these studies and present these estimates at the next meeting for their review. Following the meeting, the director contacted Mr. Rickard and determined that an asbestos study had been prepared for the building. However, to his knowledge, a lead paint study had not been performed. Consequently, we have contacted Triad Engineering, Inc. to prepare a proposal to provide these services. Copies of this proposal will be provided at the next meeting for the committee's review. PUBLIC HEARING PUBLIC HEARING OUTDOOR FESTIVAL PERMIT REQUEST OF THE SHENANDOAH APPLE BLOSSOM FESTIVAL -THE WILLOWS AT MEADOW BRANCH YOUNG AT HEART DANCE • THE SCHENCK FOODS FIREFIGHTERS' RECEPTION• BB&T UF.EN'S BALL• AND DAILY GRIND JAZZ FEST PURSUANT TO THE FREDERICK COUNTY CODE CHAPTER 86 FESTIVALS• SECTION 86-3 C PERMIT RE UIRED• APPLICATION• ISSUANCE OR DENIAL• Minute Book Number 33 Board of Supervisors Regular Meeting of 04/09/08 309 APPROVED Administrator Riley advised this was a request for an outdoor festival permit for the following events associated with the Shenandoah Apple Blossom Festival: 1) The Willows at Meadow Branch Young at Heart Dance; 2) The Schenck Foods Firefighters' Reception; 3) The BB&T Queen's Ball; and 4) The Daily Grind Jazz Fest to be held on the grounds of Rock Harbor Golf Course. Chairman Shickle convened the public hearing. John Rosenberger, Executive Director of the Shenandoah Apple Blossom Festival, advised this was a continuance of what the Festival has been doing the last four or five years and he asked for the Board's support. There being no further public comments, Chairman Shickle closed the public hearing. Upon a motion by Supervisor Dove, seconded by Supervisor DeHaven, the Board approved the Outdoor Festival Permit request for the Shenandoah Apple Blossom Festival. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Gene E. Fisher Aye Charles S. DeHaven, Jr. Aye Clary W. Dove Aye Bill M. Ewing Aye Philip A. Lemieux Aye Gary A. Lofton Aye PUBLIC HEARING -OUTDOOR FESTIVAL PERMIT RE UEST OF BELLE GROVE PLANTATION - "OF ALE AND HISTORY" MICROBREW AND IMPORTED BEER TASTING FESTIVAL. PURSUANT TO THE FRF,DERICK COUNTY CODE CHAPTER 86 FESTIVALS• SECTION 86-3 C PF,RMIT REOUIREll; APPLICATION• ISSUANCE OR DENIAL FOR AN OUTDOOR FESTIVAL PERMIT. FESTIVAL TO BE HELD ON SATURDAY MAY 10 2008 FROM 12:00 NOON TO 6:00 P.M.• ON THE GROUNDS OF BELLE GROVE PLANTATION 336 BELLE GROVE, ROAD MIDDLETOWN VIRGINIA. PROPERTY OWNED BY THE, NATIONAL TRUST FOR HISTORIC Minute Book Number 33 Board of Supervisors Regular Meeting of 04/09/08 310 PRESERVATION. -APPROVED Administrator Riley advised this was a request for an outdoor festival permit to conduct "Of Ale and History." The event will take place on the grounds of Belle Grove Plantation on Monday, May 10, 2008 from 12:00 p.m. to 6:00 p.m. Chairman Shickle convened the public hearing. Elizabeth McClung, Executive Director of Belle Grove, advised this was the 13th year of the event and they would have their usual controls in place. She asked for the Board's approval of this request. There being no further public comments, Chairman Shickle closed the public hearing. Upon a motion by Supervisor DeHaven, seconded by Supervisor Lofton, the Board approved the Outdoor Festival Permit for "Of Ale and History." 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 PLANNING COMMISSION BUSINESS OTHER PLANNING ITEMS REVOCATION OF CONDITIONAL USE PERMIT #09-04 OF JAMES AND BARBARA BAYLISS. THIS CONDITIONAL USE PERMIT IS BEING REVOKED llUF, TO THE SIZE AND NUMBER OF SIGNS ON THE PROPERTY. THE PROPERTY IS LOCATED AT 2680 NORTHWESTERN PIKE (ROUTE SOW) AND IS IDENTIFIED WITH PROPERTY IDENTIFICATION NUMBERS 52-A-55 AND 52 A 56 IN THE GAINESBORO MAGISTFRIAL DISTRICT. (PUBLIC HEARING HELD AT BOARll MEETING OF MARCH 12 20081- CONTINUED TO THE MAY 14 2008 MEETING Zoning and Subdivision Administrator Mark Cheran appeared before the Board regarding this item. He advised that staff was suggesting, if the Board was so inclined, that Conditional Use Permit #09-04 be allowed to continue and that condition #3 be revised to read: " 3. Any proposed business sign shall conform to cottage occupation sign requirements, and shall not exceed four square feet in size. Any other sign will not allowed unless the __. cottage occupation sign is removed (Sign to include real estate sign for applicant's property not to advertise Bayliss Realty Office.)." Zoning Administrator Cheran advised that the applicant had taken down the signs and has a new Minute Book Number 33 Board of Supervisors Regular Meeting of 04/09/08 31 sign that will meet the ordinance requirements. A design was included in the Board's agenda packet. Chairman Shickle asked if condition number 3, should the Board consider it, applied to both parcels. Zoning Administrator Cheran responded yes, as the original conditional use permit applied to both parcels. Chairman Shickle stated the term "For Sale sign" should be more specifically described. Supervisor Lofton asked, if a For Sale sign goes up, does the cottage occupation sign come down? Zoning Administrator Cheran responded ycs. After further discussion, the Board felt the wording of condition number 3 needed to be made clearer. Administrator Riley advised that the Board, if they preferred, could continue this item until the first meeting in May and have the County Attorney draft the language in the interim. Upon a motion by Supervisor Dove, seconded by Vice-Chairman Fisher, the Board directed staff to work toward reaffirmation of Conditional Use Permit #09-04 with condition number three to be redrafted and return at the Board's May 14, 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. F,wing Aye Philip A. Lemieux Aye Gary A. Lofton Aye MASTF,R DEVELOPMENT PLAN - WESTFIELD BUSINESS PARK -APPROVED Senior Planner Candice Perkins appeared before the Board regarding this item. She advised this was a master development plan to develop six properties for commercial uses. The site would be accessed via Martinsburg Pike. The applicant proffered a 10 foot pedestrian path along the frontage of the site. She went on to say this master development plan was consistent with the Zoning Ordinance and addressed staff's concerns. She concluded by saying it was in a form that was administratively approvable. Minute Book Number 33 Board of Supervisors Regular Meeting of 04/09/08 312 Evan Wyatt, Greenway Engineering, appeared before the Board on behalf of the applicant. He advised the applicant would supplement the existing plantings with evergreen screening. With regard to the storm water management pond, Mr. Wyatt stated it was a dry pond. Upon a motion by Supervisor DeHaven, seconded by Supervisor Lofton, the Board granted staff the authority to administratively approve master development plan #02-08 for Westfield Business Park. 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 DISCUSSION OF ROUTE 277 STUDY AREA PUBLIC PARTICIPATION MEETINGS UPDATE Deputy Planning Director Michael Ruddy appeared before the Board regarding this item. IIe advised that over 100 people participated in the Route 277 area public meeting. The issues discussed included: - Taking care of existing infrastructure; - Route 277 improvements; - Urban center north of Sherando High School; - Tasker Woods natural resource areas; and -Impact on property assessments. The proposed expansions of the Urban Development Area and Sewer and Water Service Area would include 664 acres and 2,025 acres respectively. The Board discussed the process for getting their comments to the Comprehensive Plans and Programs Subcommittee. After some discussion, it was the Board's consensus that the CPPS would forward its report to the Board, who would then provide their comments back to the subcommittee. After reviewing and incorporating any Board comments, the proposal would be forwarded to the Planning Commission. BOARD LIAISON REPORTS There were no Board liaison reports. Minute Book Number 33 Buard of Supervisors Regular Meeting of 04/09/08 313 CITIZEN COMMENTS There were no citizen comments. BOARD OF SUPF,RVISORS COMMENTS Supervisor lleHaven asked staff to review for the Board the modification to the Urban Development Area at the Stonewall Industrial Park. After reviewing what had been approved, `~ Supervisor DeHaven stated that he did not believe what had been approved was what the Board intended to approve. Chairman Shickle stated he was looking to the Board for a consensus on whether to move forward with a change to this proposal, which would ultimately be sent forward for public hearing. Upon a motion by Supervisor DeHaven, seconded by Supervisor Dove, the Board approved sending the proposed change to the Planning Commission for public hearing and a subsequent hearing of the Board. It was left up to staff to determine whether or not this proposal needed to first go to the Comprehensive Plans and Programs Subcommittee. 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 Gary A. Lofton Aye ADJOURN UPON A MOTION BY SUPERVISOK EWING, SECONDED BY SUPERVISOK DOVE, THERE BEING NO FURTHER BUSINESS TO COME BEFORE THIS BOARD, THIS MEF,TING IS HEREBY ADJOURNED. (8:15 P.M.) 1~\^J~1 ~ 1 Richard C. Shickle J .Riley, Jr. Chairman, Board of Supervisors rk, Board of Supervisors Minutes Prepared By: ~l ~ ~,~ Jay E. i s Deputy Clerk, Board of Supervisors Minute Book Number 33 Board of Supervisors Regular Meeting of 04/09/08