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HomeMy WebLinkAboutApril 23 2008 Regular Meeting314 A Regular Meeting of the Frederick County Board of Supervisors was held on Wednesday, April 23, 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 E. Fisher; Charles S. DeHaven, Jr.; Gary W. Dove; Bill M. Ewing; Philip A. Lemieux; and Gary A. Lofton. CALL TO ORDF,R Chairman Shickle called the meeting to order. INVOCATION Keverend Daniel Hess, Harvester's of Hope, 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 Ewing, 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 -APPROVED County Administrator John R. Riley, Jr. offered the following item for the Board's consideration under the consent agenda: - Landfill Oversight Committee Report -Tab D. Upon a motion by Supervisor DeHaven, seconded by Supervisor Dove, 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 Minute Book Number 33 Board of Supervisors Regular Meeting of 04/23/08 315 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 Vice-Chairman Fisher, the Board approved the minutes from the Apri13, 2008 Joint City-County Unification 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 Abstained Gary A. Lofton Aye Upon a motion by Supervisor Dove, seconded by Supervisor Ewing, the Board approved the minutes from the April 9, 2008 Regular Meeting. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Gene E. Fisher Aye Charles S. DeHaven, Jr. Aye Cary W. Dove Aye Bill M. Ewing Aye Philip A. Lemieux Aye Gary A. Lofton Aye COUNTY OFFICIALS COMMITTEE APPOINTMENTS REAPPOINTMENT OF JAMES H. PAINTER AS FREDERICK COUNTY REPRESENTATIVE ON THE NORTHWESTERN HEALTH SYSTF,MSAGENCY - LORD FAIRFAX HEALTH COUNCIL -APPROVED Upon a motion by Supervisor Dove, seconded by Supervisor DeHaven, the Board reappointed James. H. Painter to serve as Frederick County representative on the Northwestern Health Systems Agency Lord Fairfax Health Council. This is a three year appointment, said term to expire May 22, 2011. The above motion was approved by the following recorded vote: Minute Book Number 33 Board of Supervisors Regular Meeting of 04/23/08 316 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 APPROVED Administrator Riley advised the Commissioner of the Revenue requested refunds for the following: Winchester Woodworking Corp. in the amount of $5,363.90; and Morlyn LLC in the amount of $6,336.54. The county attorney reviewed same and indicated the refunds appeared to be justified. Upon a motion by Supervisor Ewing, seconded by Supervisor Lofton, the Board approved the refund request from the Commissioner of the Revenue. 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 LANDFILL OVERSIGHT COMMITTEE REPORT - APPROVED UNDER CONSENT AGENDA The Landfill Oversight Committee met on Monday, April 14, 2008 at 8:00 a.m. All committee members were present except Tim Coyne. The following items were discussed: 1. Closed Session -Land Acquisition A closed session was convened in accordance with the Code ofVirginia°2.2-3711 subsection A (3), acquisition and disposition of real estate. 2. Request from County Administrator John R. Riley, Jr. A request made by Mr. John R. Riley, Jr. to distribute the remainder of the B.F.I. settlement ($871,785) to the three (3) jurisdictions involved in the oversight of the landfill. These funds had previously been allocated to compensate the landfill for lost revenue during the time that B.F.1.'s disposal privileges had been revoked. The request was unanimously endorsed by the committee and will be forwarded to the Finance Committee for their review and action. The Director of Public Works recommended that this reimbursement also serve as the yearly recycling rebate which is based on an available revenue surplus. This rebate is proportioned based Minute Book Number 33 Board of Supervisors Regular Meeting of 04/23/08 31 on population. Proportioning the remaining B.F.I, reimbursement in a similar manner will yield the following allocations: Frederick County (62 percent) $540 507 City of Winchester (25 percent) $217946 Clarke County (13 percent) $113 332 FINANCE COMMITTEE REPORT -APPROVED The Finance Committee met in the First Floor Conference Room at 107 North Kent Street on Wednesday, April 16, 2008 at 8:00 a.m. All members were present. Items 2 and 4 were approved on 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. Lord Fairfax Health Council requests a General Fund supplemental appropriation in the amount of $3,878. This amount represents funds to support the process of citizen review of proposals for expansion of health facilities. Local funds required. See attached letter, p. 1. The committee recommends denial of the request. -Denied Upon a motion by Supervisor Ewing, seconded by Supervisor Lemieux, the Board denied the above request by the following recorded vote: Richard C. Shickle Aye Gene E. Fisher Aye Charles S. DelIaven, Jr. Aye Gary W, llove Aye Bill M. F,wing Aye Philip A. Lemieux Aye Gary A. Lofton Aye 2. The Victim Witness Director requests a General Fund budget transfer in the amount of $4,177 to purchase IT equipment. No local funds required. See attached memo, p. 2-8. -Approved Under Consent Agenda 3. The Registrar requests a General Fund supplemental appropriation in the amount of $22,410. This amount represents cost associated with June 2008 Democratic & Republican primary elections. Local funds required. See attached memo, p. 9-10. 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 Gene E. Fisher Aye Charles S. DeHaven, Jr. Aye Minute Book Number 33 Board of Supervisors Regular Meeting of 04/23/08 318 Gary W. Dove Aye Bill M. Ewing Aye Philip A. Lemieux Aye Gary A. Lofton Aye 4. The Sheriff requests a General Fund supplemental appropriation in the amount of $1,860. This amount represents DARE donations and proceeds from the Bowl-A-Thon. No local funds required. See attached memo. p. 11. -Approved Under Consent Agenda 5. The Director of Public Works provides the proposed revisions of development review fees for your consideration. See attached information, p. 12-25. The committee recommends approval with adjustments regarding county attorney review fees. Mr. Wilkins voted "no". - Approved Upon a motion by Supervisor Ewing, 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 6. The Conservation Easement Authority requests a General Fund supplemental appropriation in the amount of $265,000. This amount represents funds to qualify for matching State PDR grant funds. Local funds required. See attached information p. 26046. The committee recommends appropriating funds from reserved fund balance to re-appropriate the funds in FY 09. - Approved Upon a motion by Supervisor Ewing, seconded by Supervisor DeHaven, the Board 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. The Finance Director seeks direction on the scheduling of the upcoming Fiscal Year 2( financial audit and the roles and responsibilities of the Audit Committee. See attached Ai Committee Charter, p. 47-48. "The committee recommends scheduling apre-audit interview v county auditors. -Information Only. 8. The Director of Public Works requests approval to refund localities a portion of the ] settlement. See attached memo, p. 49-50. The committee recommends approval. -Approved Upon a motion by Supervisor F,wing, seconded by Supervisor Dove, the Board approved the above request by the following recorded vote: Richard C. Shickle Aye Gcne E. Fisher Aye Minute Book Number 33 Board of Supervisors Regular Meeting of 04/23/08 31 Charles S. DeHaven, Jr. Aye Gary W. Dove Aye Bill M. Ewing Aye Philip A. Lemieux Aye Gary A. Lofton Aye 9. The Shenandoah Valley Battlefields Foundation requests a General Fund supplemental appropriation in the amount of $15,338. This amount represents funds needed to construct a fence around Star Fort. See attached letter, p. 50-55. The committee recommends approval with reimbursement being made to the county from proffer funds dedicated to Star Fort. -Approved Upon a motion by Supervisor Ewing, 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 10. The Clerk of the Court requests a General Fund budget transfer in the amount of $29,036.38 to purchase IT equipment. See attached information, p. 56-57. 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 Gene E. Fisher Charles S. DeHaven, Jr Gary W. Dove Bill M. Ewing Philip A. Lemieux Gary A. Lofton Nay Aye Aye Aye Aye Aye Aye ***Information Only*** 1. 1'he Finance Director provides a fund balance report. See attached, p. 58. 2. The County Administrator provides a status report on cost saving initiatives previously presented. See attached memo, p. 59-60. PLANNING COMMISSION BUSINESS PUBLIC HEARING -REZONING #03-06 OF O-N MINERALS CHEMSTONE SUBMITTED BY PATTON HARRIS RUST & ASSOCIATES TO REZONE 639.13 ACRES FROM RA RURAL AREAS DISTRICT TO EM EXTRACTIVE MANUFACTURING) DISTRICT WITH PROFFERS THE MIDDLE MARSH PROPERTY IS LOCATED EAST OF BELLE VIEW LANE ROUTE 758 WEST OF HITES ROAD (ROUTE 6251 AND ON BOTH SIDES OF CHAPEL ROAD (ROUTE 6271. THE NORTHFRN RESERVE IS BOUNDED TO THE SOUTH BY CEDAR CREEK AND SHENANDOAH COUNTY AND IS WEST AND ADJACENT TO MEADOW MILLS ROAD (ROUTE 6241 THE PROPERTIES ARE IN THE BACK CREEK MAGISTERIAL DISTRICT AND ARE IDENTIFIED BY PROPERTY Minute Book Number 33 Board of Supervisors Regular Meeting of 04/23/08 320 30 DAYS. Deputy Director of Planning Michael Ruddy appeared before the Board regarding this item. He advised this was a request to rezone 639.13 acres from RA (Rural Areas) District to EM (Extractive Manufacturing) District with proffers. The property is located east of Belle View Lane (Route 758), west and adjacent to Hites Road (Route 625), and is bisected by Chapel Road (Route 627). "The Northern Reserve is bounded to the south by Cedar Creek and is west and adjacent to Meadow Mills Road (Route 624). Deputy Director Ruddy stated the Planning Commission had a considerable amount of discussion regarding this application and raised numerous issues. Fifty-seven (57) people spoke during the public hearing. The Commission recognized conflicts with the goals of the Comprehensive Policy Plan and acknowledged significant issues and impacts associated with the request that had not been satisfactorily addressed by the applicant. The issues included: - Potential impacts associated with the scope and more intensive use of the properties; - Historic resource concerns: o View shed coordination and mitigation. o Cultural resource surveys. - Environmental impacts; - Rural view shed impacts; - Transportation impacts on Route 625, its intersection with Route 11, and the Town. -Potential groundwater, dust, and blasting impacts and controls on adjacent properties. The Planning Commission held a public hearing on this item on June 6, 2006 and ultimately recommended denial of this application. Since that time, the applicant submitted a revised proffer statement dated March 18, 2008. The two key points in the revised proffers dealt with the historical cemetery and a phasing plan for the mining operation. Deputy Director Ruddy went on to say the proffer statement remains incomplete, as it does not address impacts and it is confusing. Deputy Director Ruddy advised the property was in an important location, adjacent to Belle Grove and Cedar Creek Battlefield. "There were environmental issues relative to Cedar Creek, Watson Run, and Middle Marsh Brook. The mining would impact Middle Marsh Brook He went on to say the purpose of the rezoning process was to see that potential impacts are identified and Minute Bonk Number 33 Board of Supervisors Regular Meeting of 04/23/08 321 mitigated. The Historic Resources Advisory Board identified a process for the applicant to work with shareholders to mitigate impacts. In response, the applicant dedicated eight (8) acres as an historical reserve. Deputy Director Ruddy then reviewed the Transportation component. He advised that under the applicant's traffic impact analysis, the number of vehicle trips per day would increase. The applicant agreed to restrict truck traffic to and from the site; however, the traffic count trigger created an ongoing enforcement issue for the county. The increased traffic would have an impact on the small town historic character of Middletown. The Planning Commission did not believe the applicant addressed the impacts. With regard to the proffer statement, Deputy Director Ruddy advised staff received a revised proffer statement dated April 18, 2008, which was placed at the Board's seats; however, there were still a significant number of comments to be addressed. It was noted the applicant did not proffer restrictions on the size and scope of the site and the view shed analysis lacked needed detail. The applicant limited access to the site and proffered to preserve the two cemeteries on the property. In addition, the applicant proffered to keep the mining operation 200 feet from the cemetery. T'he applicant further proffered a phasing plan for the mining operation: - Phase l -Northern Reserve - Phase II -Area south of Chapel Road (would commence no earlier than 10 years from the date of the rezoning.) - Phase III -Area north of Chapel Road (would commence no earlier than 20 years from the date of the rezoning.) Deputy Director Ruddy went on to say the proffer statement remained incomplete and confusing and was subject to wide levels of interpretation. He again stated the Planning Commission recommended denial of this application. He concluded by informing the Board of the amount of correspondence received from citizens, community groups, the National Park Service and asked that it be included as part of the record for this proposal. (A copy of the correspondence is on file in the County Administrator's Office.) Supervisor Dove asked which proffer statement was being considered this evening. Deputy Director Ruddy responded that the April 18, 2008 proffer statement superseded the March 18, 2008 proffer statement. Minute Book Number 33 Board of Supervisors Regular Meeting of 04/23/08 322 Supervisor Ewing asked if the public had an opportunity to review the new proffer statement. Deputy Director Ruddy responded that staff had posted the revised proffer statement on the Planning Department website once it had been reviewed by Bob Mitchell, Attorney. Ty Lawson, Attorney, appeared before the Board on behalf of the applicant. He reviewed the history of the property and this project. Spencer Stinson, employee of O-N Minerals, appeared before the Board on behalf of the -°` applicant. He advised that the applicant's property contained high quality limestone and the applicant was proposing to rezone 13% of the property. The rezoning request was being driven by the applicant running out of limestone and the need to immediately access the reserves. Mr. Stinson went on to say the rezoning needed to proceed in order to allow the applicant to mine the in a methodical fashion. Mr. Stinson then cited the economic benefits to the county: - $1 million savings in public water costs; - The proposal would supply over 30% of the county's water supply; - $200,000 in annual real estate and machinery and tools tax; - $500,000 in sales and use tax. - 28 jobs at the Middletown site; - $10 million annual payroll - $20 million in annual expenditures with Virginia vendors, suppliers, and contractors. He went onto say the rezoning request was for quarry use only. W ith regard to terms and entrances, Mr. Stinson stated commercial access to the site would be limited to the existing entrance and the project would have extensive berming. With regard to the historic resources on the property, Mr. Stinson stated that in 1999 the Park Service drew a boundary to exclude the O-N Minerals property from the core battlefield and he finds it disingenuous for them to come back now. He went on to say the applicant had proffered a phase I survey. In addition, the area containing earthen terms relative to the Battle of Cedar Creek, approximately 8 acres, would be subdivided and donated. Ray Ezell, Archaeologist for ECS, LLC, appeared before the Board on behalf of the applicant. He reviewed the steps taken by his firm to delineate the Nisewander and Tabler cemeteries located on the property. In addition, his firm provided a restoration plan for these sites. Mr. Stinson again addressed the Board regarding additional items relative to the application. Minute Book Number 33 Board of Supervisors Regular Meeting of 04/23/08 323 With regard to groundwater: - Three monitoring wells will be installed on site; - Water rights will be conveyed to the Frederick County Sanitation Authority; - "The applicant agreed to remediate any impacts on surrounding property; - Special guarantees would be provided to nearby neighbors `~ In addition to the groundwater guarantees, the applicant would provide well guarantees for properties that are within 1,500 of the quarry property. The applicant has created a voluntary well survey program which would be conducted by an independent firm at the applicant's expense. The ensuing guarantees would cover any negative change in water, for any reason, within 24 hours (e.g. water would be provided within 24 hours of any well damage and water loss). With regard to blasting controls, Mr. Stinson advised the applicant has an approved blasting plan in place and there would be no block-holing or adobe blasting. The operation has a DMM permit. Mr. Stinson went on to say the applicant agreed to remediate any impacts on surrounding properties and would also conduct apre-blast survey for nearby neighbors. The applicant would maintain insurance or other security. The policy would cover $1 million per occurrence and would be used for any remediation or repair associated with properties covered by well and pre-blast surveys. As far as traffic, there would be no change in existing access. The applicant proffered a cap of 200 trucks per day, averaged over one month, and would provide records to the county. Mr. Stinson reviewed the issues of dust control, noise and lighting, and phasing. He concluded by saying the applicant had a list of experts available to answer any questions that might arise. Mr. Lawson advised the Board that the Comprehensive Plan identified resources on the property and EM zoning is acknowledged by the County. All environmental permits shall remain in place. Mr. Lawson went on to say the proffers had been amended. He stated that he had reviewed Mr. Mitchell's letter and, per his suggestion, had identified the parcels by tax map number. He stated that he had no problems with the other suggested changes. Mr. Lawson reminded the Board that he still had to file a site plan with the County, He advised the applicant had proffered time for planting the terms, there were three monitoring wells on the property, the words "pre-blast" had been Minute Book Number 33 Board of Supervisors Regular Meeting of 04/23/08 324 changed to "pre-mining" condition, there would be no affixed lights on the terms unless required by regulations, and the applicant would use best management practices. Chairman Shickle convened the public hearing. Tim Rickman, resident of Middletown, stated the quarry was environmentally and economically friendly and he had never heard a blast or felt the ground shake. Dave Kollar, President of DK Industrial Services and a resident of the Gainesboro - District, stated his company had done business with Chemstone for 22 years. He cited the need to invest in existing industries. He went onto say the applicant was running out of rock and he urged the Board to make an investment in this existing industry. He concluded by asking the Board to consider that aspect. Kermit Orndorff, Shenandoah County, stated Chemstone was a good neighbor and a good friend. He worked there for 20 years and his children had been awarded scholarships by Chemstone. He concluded by saying he was glad to have them in his neighborhood. Greg Cross, Shawnee llistrict, stated he had worked at Chemstone for 28 years and this was his livelihood. Mark Georgiana, Stonewall llistrict, stated he had been employed at Chemstone for 20 years. He advised the Company was dedicated to a safe and good working atmosphere and he urged the Board to vote yes on the rezoning. Bruce Carpenter, Gainesboro District, spoke in support of the rezoning and he welcomed them to the area. He stated the county had achieved a balance of commercial, industrial, and residential and this applicant required limited services from the county and offered employment. Joe Snarski, Opequon District and. plant manager at the Clearbrook quarry, reviewed the various businesses and industries that supported Chemstone, because "they depend on us for our services. Calvin Hunt, III, Shawnee District, spoke on behalf of Preserve Frederick. He stated O-N had been asked to reduce the size and scale of its proposal, but no compromise had been reached. He advised a proposed compromise had been rejected. He went on to say the requested rezoning had not changed from two years ago and he urged the Board to vote no. Dr. Jack McCallister, Stonewall District, urged the Board to deny the extent of the Minute Book Number 33 Board of Supervisors Regular Meeting of 04/23/08 32~ rezoning. He went on to say the proposal could be done with less impact by adhering to some of Preserve Frederick's recommendations. Gary Kain, Opequon District, spoke on behalf of Preserve Frederick. He stated that many things in the proffers are required by other government entities and do not need to be proffered. He asked the Board to vote no on this rezoning. Joanne Leonardis, Red Bud District and President of Preserve Frederick, stated Preserve Frederick did not believe phasing would reduce the impacts. Phasing did not reduce the size of the rezoning and it tied the hands of future decision makers for years to come. She concluded by saying if this rezoning was approved the southern Frederick County economy would be negatively impacted and she urged the Board to vote no. Wendy Hamilton, Back Creek District and member of Preserve Frederick, spoke against the proposed request. She stated the traffic impact analysis only counted outgoing truck trips. She went on to say O-N Minerals ignored Preserve Frederick's request for a compromise. She urged the Board to put this issue to rest and vote no. Richard Dye, Back Creek District, stated he shared a property boundary with the applicant and under this proposal, he would not be able to subdivide his property in order to build other houses. He went on to say the impact on the groundwater along with the blasting would render his property unusable. He concluded by urging the Board of Supervisors to vote no. Vickie Burner, resident of Woodstock, Shenandoah County, spoke in favor of the rezoning. She stated the quarry was a benefit to the environment and her husband had worked there for 18 years. She went on to say the workers had donated their vacation time to her husband so he could look after their sick child. She concluded by saying the truck traffic had been overestimated. Mary Rutherford, resident of Berryville, Clarke County, spoke in favor of the rezoning. Kurt Borgoyn, Back Creek District, stated what the applicant has said is different than what is in the proffer statement. He went on to say the applicant never intended to protect its neighbors and he urged the Board to vote no on the rezoning request. He concluded by saying that without a strong proffer statement the community was being hung out to dry. John Rutherford, Clarke County, stated he worked for the quarry and supported the application. Minute Book Number 33 Board of Supervisors Regular Meeting of 04/23/08 326 Dee Borgoyn, Back Creek District, stated she had moved here five years ago. She went onto say that if her house and barn fell down they were not irreplaceable and the same was true for her fields, etc. She urged the Board to vote no on the application. Larry Hamilton, Back Creek District, stated he had been waiting two years to hear about the substantial benefits of quarries, but has only seen the applicant present a pitiful case. He urged the Board to vote no on the rezoning. Dale Nichols, Back Creek District, stated quarries are sensitive operations to the public. He advised that he met with Mr. Stinson and was told the land was not rezoned previously because the county told the applicant to wait. He went on to say that Mr. Stinson stated the land should have been rezoned years ago. Mr. Nichols concluded by urging the Board to vote no the application. Gary Nichols, Back Creek District, stated this proposed rezoning was one of the largest and most aggressive in the county. He went onto say he had been waiting two years to hear about the substantial benefits and he has watched the company throw together "pathetic proffers." He asked why Chemstone failed to rezone the property years ago. He concluded by saying the applicant failed to show why this rezoning should be approved and he urged the Board to vote no. Stephen Miller, Back Creek District, asked who would be supporting the citizens to enforce the proffers. Dan Dolyea, a resident of Strasburg, Shenandoah County, and an employee of Chemstone, stated the applicant held community meetings. The applicant listened to and acted on these meetings with the neighbors. He concluded by urging the Board to vote yes on this rezoning request. Diana Graham, Back Creek District, expressed concern about the amount of dust and particulate loading. She believed the expansion would add to existing air quality problems and this type of industry no longer deserved to locate or expand into residential areas. She concluded by urging the Board to vote no on this request. Kevin Barrington, Back Creek District, expressed concerns about increased traffic and increased traffic accidents. He saw approval of this application as a bad idea. He concluded by urging the Board to vote no on this rezoning request. Tara Shostek, Back Creek District, stated the proposed rezoning was not compatible with Minute Bouk Number 33 Board of Supervisors Regular Meeting of 04/23/08 32i other development patterns in the area. He went on to say that at the end of the day the citizens would be left with what was in the application and not O-N's interpretation. He asked the Board to vote no on the application. Richard Hartman, Back Creek District, asked the Board to think about how the county will grow and asked them to vote no on the application. `- I I Ranna Lachlan, Back Creek District, stated the proffers remained insufficiently addressed and that granting this application would allow the mine to swallow the town. She went on to say if this was done the town would be irreversibly changed and that phased mining did not resolve this issue. Byron Smith, Back Creek District, stated O-N had not considered the school buses on Chapel Road and he asked how they would get through. He asked the Board to vote no on the application. Tabby llawson, Back Creek District, urged the Board to vote no on this application because of traffic issues and this project was an eyesore. Charles McCall, resident of Shenandoah County, stated he was a third generation miner and this company was a great influence to him. He stated they had given back to the community. He concluded by urging the Board to vote yes on this application. Mark Brown, Back Creek District, read the following statement: "First, I want to make it crystal clear - don' t believe everything you read in the Winchester Star! Gentlemen, Middletown's current town council failed to support a resolution denying rezoning because its members are pursuing a private agenda that does not reflect the desires of its constituents. During the last few weeks, 1 have personally gone door-to-door to nearly half of our homes and have found but one individual who did not object. 'The citizens of Middletown do not support this rezoning. Also, do not believe everything you hear from the spin doctors at Carmeuse and Oglebay Norton. They say this expansion is good for the valley in that the Middletown Quarry has been here since the seventeen hundreds and they've been mining this vein since the 1950's. Folks, in the last century, pig sties and tanneries were also considered good for Winchester, butyou won 'tfind either of them here today. I have many, many reasons for objecting to this expansion, but the one overriding reason is the desecration of what is in fact a 639 acre graveyard. On October 19, 1864, the 1 S hour battle of Cedar Creek killed nearly 1000 and left 2641 Confederate and Union troops missing. Many of those ,._ missing patriots today lie where they fell on the fields of Cedar Creek. With the recent purchase of O-N by a Belgian firm, I wrote a letter on March z5th to the Belgian ambassador asking for his government's intervention (attachment 1). I stated that `the peoples of both our countries have been strong allies for well over a century. Just as we could not dream of desecrating Flanders Fields (the sites of several famous WW1 battles) where thousands of young Minute Book Number 33 Board of Supervisors Regular Meeting of 04/23/08 328 Belgian and American patriots gave their lives for a common cause, I just as strongly believe that the people of Belgiu e to u~ snow been indorsed bybhe ambassador and forwarded to the Belgian Cedar Creek. ' Thts governm~ars askinp f l r a form l roves 'gationt by hios s~aff and lobbying at the national l vel to top Foreagn g this narional disgrace (attachment 2). The centuries have been much kinder to these nearly forgotten veterans since that day they gave their best,for the defense of their homeland. I ask that you allow them to continue to rest in peace by denying this reznal Hisato~ical Park to be protect d in perpetuitye'gH concluded by aski g the Belle Grove Natio Board to deny the rezoning request. Devin Stickley, a resident of Shenandoah County and an intern at Chemstone, stated the plant was a friendly place to work and she urged the Board to vote yes on this application. David Nichols, Back Creek District and an adjacent property owner, stated 639 acres was too much to rezone and he hoped for a compromise. He urged the Board to vote no on this application. Judith Spangler, Back Creek District, stated she believed the tax revenue received by the County was less on properties located next to quarries. She also cited a reduction in tourism, which would affect Middletown's finances. She urged the Board to vote no on this request. Keith McNeely, Sack Creek District, stated there were now hundreds of houses around the Chemstone property. He asked the Board to vote no on this expansion. Tim Stowe, Back Creek District and board member of the Cedar Creek Battlefield Foundation, stated he found the quarry to be a good neighbor and he had talked to them about their rezoning proposal. He expressed his concern about the view shed and believed they had a plan to mitigate the view shed. He went on to say he did not want to see more rooftops and traffic in the area. He advised that his Board had worked with the applicant to come up with a plan to preserve areas and artifacts found on the property. He concluded by saying he took no exception to their request to rezone the property. Paul Kisak, Back Creek District, urged the Board to deny this rezoning. He stated this application only pertained to the Middletown Quarry and not to the other two quarries in the area. He stated there was no evidence that jobs were at stake. He went on to say the proffers did not contain the specificity necessary for a project of this size. He concluded by asking the Board to deny this rezoning. Woodward Bousquet, a resident of Winchester, expressed his appreciation for living in Minute Book Number 33 Board of Supervisors Regular Meeting of 04/23/08 325 this community. He advised that since 2007 his students have been studying Cedar Creek in and around Middletown and the water quality is good. He stated the applicant has not offered to negotiate an easement or transfer of development rights along Cedar Creek or its tributaries. Clarence Harmon, Red Bud District, expressed his support for the quarry. Brian Wymer, a resident of Shenandoah County and employee of the Middletown `~ Quarry, stated that Middletown was a rock crushing facility, not limestone. He went on to say he has not seen the negative impacts on the environment and urged the Board to vote yes on this request. Anthony Mowery, Back Creek District and an employee of Chemstone, urged the Board to approve the rezoning proposal. Stephen Bowen, Gainesboro District, urged the Board to vote yes on the rezoning request. Gary Bly, a resident of Shenandoah County and Operations Manager at the Middletown quarry, urged the Board to vote yes on the rezoning request. Andy Wright, Back Creek District and an employee of Chemstone, stated the quarry provided good benefits for his family. He went on to say that quarries are a part of Frederick County. He concluded by urging the Board to vote yes on this rezoning application. Jimmy Cook, a resident of Shenandoah County, stated he was here to support the rezoning. He went on to say the quarry helps build infrastructure and the employees put in long hours to support their families. He concluded by urging the Board to support the rezoning request. John Owings, Back Creek District, stated he had listened to both sides, but had heard nothing about the impact O-N would have on Middletown. He asked the Board to look at this rezoning carefully. He concluded by saying there could be some rezoning, but not to this extent. Elizabeth Hickman, Back Creek District, urged the Board to reject this proposal. Diann Jacox, Back Creek District and Superintendent of Cedar Creek and Belle Grove, stated neither the park nor the management group has been asked to meet with the applicant. She wanted to know how "we" develop the best solution for all parties concerned. She went on to say numerous letters have been sent that outline several areas of concern. She concluded by asking the Board to direct the parties to sit down together to facilitate a solution. Elizabeth McClung, Executive Director of Belle Grove, stated she could not support the Minute Book Number 33 Board of Supervisors Regular Meeting of 04/23/08 330 revised application before the Board. She advised the applicant met with only one non-profit neighbor, but Belle Grove would like to be part of the dialogue. She asked the Board to send this application back to the Planning Commission for input and analysis. She concluded by saying the applicant should undertake along-term view shed analysis and recommended along-term incremental rezoning approach. Mary Bowser, Back Creek District, advised she was an adjacent property owner and urged the Board to look for a compromise. Carl Bernhards, Back Creek District, quoted Planning Commissioner Chris Mohn by saying "as a land-use issue, the time for the expansion of this quarry and the industrial use of these particular properties is frankly passed." He went onto say the land should have been rezoned years ago, as there are now 80 direct adjacent neighbors. He urged the Board to vote no. Commander Victor Failmezger, USMC and a resident of Warren County, expressed his concern about the impact of this rezoning. He cited a letter from the Department of the Interior and stated that as a retired military officer, he considered this area sacred ground. He urged the Board to vote no. Walter McCauley, Back Creek District, stated this was a business decision. He went on to say it was far more in Frederick County's interest to allow the town of Middletown to continue. He asked the Board to deny this application. Rob Mangus, Back Creek District and owner of the Silver Crickett Cafe, asked the Board to deny this rezoning request. Due to the time approaching the 11:00 p.m., Chairman Shickle paused the public hearing in order to poll the Board to see if they wished to continue beyond 11:00 p.m. or recess until another date and time. Supervisors Lofton, DeHaven, Fisher, Dove, Ewing, and Lemieux agreed to continue the meeting beyond 11:00 p.m. Chairman Shickle resumed the public hearing. Vincent Lord, Stonewall District, advised the he had worked for Chemstone and had experienced no health problems. He stated that he would like to think industry carries more weight than lesser tax paying entities. He urged the Board to vote for the rezoning. Lana Petersen, Queensland, Australia, stated she was a visitor to the area and commented Minute Book Number 33 Board of Supervisors Regular Meeting of 04/23/08 331 on the "parade of beautiful trees here". She advised her husband was a miner and that all mines are "ugly, dusty, and dirty". She asked the Board to keep in mind that tourists are a renewable resource. Kelly Watkinson, a resident of Shenandoah County, representing Potomac Conservancy, expressed concern with the proffer statement's failure to mitigate impacts on Cedar Creek and surrounding areas. She went on to say the proposed relocation of Middle Marsh Brook would have adverse impacts. She concluded by saying the proffer statement does not address the environmental concerns. There being no further public comments, Chairman Shickle closed the public hearing. Mr. Lawson responded to several issues raised during the public hearing: -1'he Potomac Conservancy has an open invitation to do a water study. - The proposed Plan B alternative was confusing to them in that it would have the quarry going closer to the park, battlefield, and homes. He believed this put more impacts on the groups. - The board members at Belle Grove attended the public information meetings held at the Wayside 'Theater and there have been discussions. - The National Park Service had been given a tour of the proposed site. - He agreed that Middletown was a "gem" even with the quarry operation going and the two have a good relationship. Chairman Shickle took a brief moment to commend the audience for its behavior during the hearing. He was pleased to see the way the citizens conducted themselves and the manner in which their comments were delivered. Supervisor Lofton echoed Chairman Shickle's statements and stated he also appreciated the information that was presented at the hearing. He went on to say he believed the devil was in the details and he was not comfortable that applicant had provided all of the information needed. He stated they made a great attempt, but were not quite there yet. He wanted to see more information. He stated he would postpone this item for 30 days and direct staff and the applicant to work together to get the answers to the four issues listed in Planning's staff report. Upon a motion by Supervisor Lofton, seconded by Vice-Chairman Fisher, the Board postponed this item for 30 days. Supervisor Lemieux stated that he agreed where Supervisor Lofton was going, but he could not support the motion. He stated there were enough flaws in the proffers and the applicant had had Minute Book Number 33 Board of Supervisors Regular Meeting of 04/23/08 332 two years to address these issues. He went on to say he would like to see it denied and a new application brought back in a year or less, if possible. He felt the proposal needed to go back to the Planning Commission for an up or down vote. Supervisor Ewing echoed Supervisor Lemieux's comments. Vice-Chairman Fisher stated he did not feel prepared to make a decision tonight and there remained questions with the proffer statement and a number of other items. He concluded by saying in Sections 9.1 and 9.2 the onus was on the property owner and he felt it should be the other way around. There being no further discussion 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 Nay Gary A. Lofton Aye BOARD LIAISON REPORTS There were no Board liaison reports. CITIZEN COMMENTS There were no citizen comments. BOARD OF SUPERVISORS COMMENTS There were no Board of Supervisors' comments. ADJOURN UPON A MOTION BY SUPERVISOR SWING, SECONDED BY SUPERVISOR DOVE, THERE BEING NO FURTHER BUSINESS TO COME BEFORE THIS BOARD, THIS MEETING IS HEREBY ADJOURNED. (11:35 P.M.) Richard C. Shickle Chairman, Board of Supervisors Minute Book Number 33 Board oS Supervisors Regular Meeting o1' 04/23!08 . Ril , erk, Board of Supervisors 33 Minutes Prepared By: ' ~ ~`--` Jay . Ti s Deputy Clerk, Board of Supervisors Minute Book Number 33 Board of Supervisors Regular Meeting of 04/23/08