Loading...
HomeMy WebLinkAboutMay 14 2008 Regular Meeting334 A Regular Meeting of the Frederick County Board of Supervisors was held on Wednesday, May 14, 2008, at 6:00 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. llove; Bill M. Ewing; Philip A. Lemieux; and Gary A. Lofton. CALL TO ORDER Chairman Shickle called the meeting to order. BOARll RETIRED INTO CLOSED SESSION Upon a motion by Vice-Chairman Fisher, seconded by Supervisor Ewing, the Board convened in Closed Session pursuant to Code of Virginia, 1950, as Amended, Section 2.2-3711 A (7) pending legal matters. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Gene E. Fisher Aye Charles S. DeHaven, Jr. Aye Gary W. Dovc Aye Bill M. Ewing Aye Philip A. Lemieux Aye Gary A. Lofton Aye BOARD RECONVENED INTO REGULAR SESSION Upon amotion byVice-Chairman Fisher, seconded by Supervisor DeHaven, the Board came out of closed session and reconvened in Regular Session. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Gene E. Fisher Aye Charles S. DeHaven, Jr. Aye Gary W. Dove Aye Bill M. Ewing Aye Philip A. Lemieux Aye Gary A. Lofton Aye Upon amotionbyVice-Chairman Fisher, seconded by Supervisor Lofton, the Board certified that to the best of each board member's knowledge only Virginia Code Section 2.2-3711 A (7) pending legal matters were discussed. The above motion was approved by the following recorded vote: Minute Book Number 33 Board of Supervisors Regular Meeting of 05/14/08 335 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 RECESS Upon a motion by Supervisor DeHaven, seconded by Vice-Chairman Fisher, the Board recessed until 7:15 p.m. 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 CALL TO ORDER Chairman Shickle called the meeting back to order. INVOCATION Reverend Jim Creech, Eagle Heights Presbyterian Church, delivered the invocation. PLEDGE OF ALLEGIANCE Vice-Chairman Fisher led the Pledge of Allegiance. ADOPTION OF AGENDA -APPROVED AS AMENDED County Administrator John R. Riley, Jr. offered the following amendments to the agenda: - Removed the Final Draft Contract for Landfill Green Credits from the Public Works Committee Report; - Postponed Rezoning #09-07 of Clearbrook Property at the request of the applicant; - Moved recognition of Employees of the Month for April and May 2008 prior to the adoption of the budget. Upon a motion by Supervisor Dove, seconded by Supervisor Ewing, the Board approved the agenda as amended. 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 Minute Book Number 33 Board of Supervisors Regular Meeting of 05/14/08 336 Bill M. Ewing Aye Philip A. Lemieux Aye Gary A. Lofton Aye CONSENT AGENDA -APPROVED Administrator Riley offered the following items for the Boards' consideration under the consent agenda: - Request for Installation of "Watch for Children" Signs on Gainesboro Road -Tab F; -Public Works Committee -Tab H; -Transportation Committee -Tab I; -Road Resolution u Allied Systems/Arbor Court -Tab R. Upon a motion by Supervisor Ewing, seconded by Supervisor DeHaven, the Board approved the consent agenda. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Gene E. Fisher Aye Charles S. DeHaven, Jr. Aye Gary W. Dove Aye Bill M. 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 Dove, seconded by Supervisor Lofton, the minutes from the Apri123, 2008 Regular Meeting were approved 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 COUNTY OFFICIALS Minute Book Number 33 Board of Supervisors Regular Meeting of 05/14/08 337 PRESENTATION OF RESOLUTION TO THE FAMILY OF ALSON H. SMITH - ORIGINALLYADOPTED MARCH 26 2008 Mrs. Margaret Smith appeared before the Board to accept this resolution on behalf of her family. Upon a motion by Supervisor DeHaven, seconded by Supervisor Dove, the Board approved the presentation of the Resolution in Memoriam of Delegate Alson "Al"Howard Smith, Jr. 17th and 29th District of the Commonwealth of Virginia. WHEREAS, Alson "AI" Howard Smith, Jr. served the citizens of Frederick County, Virginia, for twenty (20) years, from 1974 - 1994, as a member of the Virginia House of Delegates; and WHEREAS, during his tenure he held seats on numerous committees, including the House Appropriations Committee, Chairman of the Capital Outlay subcommittee, Chairman of the Mining and General Resources Committee, and member of the Corporations, Insurance, and Banking Committee; and WHEREAS, Delegate Smith was a tireless worker for not only the constituents in his district, but for all of the citizens of the Commonwealth; and WHEREAS, Delegate Smith' s love of community was evidenced through his civic involvement in the Winchester Jaycees, Shenandoah Apple Blossom Festival, board of directors for the Winchester Medical Center, and board member of the Winchester and Frederick County SPCA; and WHEREAS, Delegate Smith will be long remembered as a selfless public servant who represented the best interests of his constituents and placed the Commonwealth before politics. `- NOW, THEREFORE BE IT RESOLVED, that the Frederick County Board of Supervisors extends it deepest sympathy to the family of Alson "Al" Howard Smith Jr. an "Outstanding Virginian" and a friend to all who knew him. ~ ' 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 citizen legislator and that a true copy of this resolution be presented to his wife and family. ADOPTED this 26th day of March, 2008. 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 PRESENTATION OF RESOLUTION TO MILLBROOK HIGH SCHOOL MEN'S BASKETBALL TEAM Coach Scott Mankins and members of the Millbrook High School Men's Basketball Team appeared before the Board to receive this resolution. Upon a motion by Supervisor Lemieux, Minute Book Number 33 Board of Supervisors Regular Meeting of 05/14/08 338 seconded byVice-Chairman Fisher, the Board approved the presentation of the Resolution in H of the Group AA State Champion Millbrook High School Pioneers Men' s Basketball Team. WHEREAS, Millbrook High School opened its doors in 2003; and WHEREAS, during the ensuing five years, its athletic teams have quickly become some the best in the District and the State; and WHEREAS, on March I5, 2008 the Millbrook High School Men's Basketball Tea achieved the pinnacle of greatness by becoming the first area team to win the Group AA Stat Championship; and WHEREAS, Coach Scott Mankins and the Millbrook High School Men's Basketball represented this community with distinction and honor throughout the State Basketball Tournai and WHEREAS, this team achieved this honor through hard work, dedication, and sportsmanship, which has brought favorable recognition upon themselves, their school, and community. NOW, THEREFORE BE IT RESOLVED, that the Frederick County Board of SuI offers its congratulations to the coaches and players of this team for a job well done; and, BE IT FURTHER RESOLVED, that a true copy of this resolution be presented to coaches and the team. ADOPTED this 26th day of March, 2008. "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 EMPLOYEE OF THE MONTH AWARD FOR APRIL 2008 -APPROVED Upon a motion by Supervisor Dove, seconded by Supervisor Ewing, the Board Shannon M. Fultz as employee of the month for Apri12008. RESOLUTION (#056-08) TO RECOGNIZE THE FREDERICK COUNTY EMPLOYEE OF THE MONTH Shannon M. Fultz WHEREAS, the Frederick County Board of Supervisors recognizes that the County' employees are a most important resource; and WHEREAS, on September 9, 1992, the Board of Supervisors approved a resolution wh established the Employee of the Month award and candidates for this award may be nominated any County employee; and Minute Book Number 33 Board of Supervisors Regular Meeting of 05/14/08 33~ WHEREAS, the Board of Supervisors selects one employee from those nominated, based on the merits of outstanding performance and productivity, positive job attitude, and other noteworthy contributions to their department and to the County; and WHF,REAS, Shannon M. Fultz, who serves as Dispatcher with the Department of Public Safety Communications was nominated for Employee of the Month; and WHEREAS, Shannon M. Fultz is deserving of special recognition for her outstanding performance. On March 14, 2008, Shannon, along with co-workers, handled 9 emergency calls which required dispatching and tracking 4l emergency units during aone-hour period. The experience and training truly came to light as she was able to manage the traffic and maintain the highest level of proficiency, professionalism, and composure which rendered sufficient resolution to each emergency. NOW, THEREFORE, BE IT RESOLVED, by the Frederick County Board of Supervisors this 14th day of May, 2008, that Shannon M. Fultz is hereby recognized as the Frederick County Employee of the Month for April, 2008; and BE IT FURTHER RESOLVED, that the Board of Supervisors extends gratitude to Shannon M. Fultz for her outstanding performance and dedicated service and wishes her continued success in future endeavors; and BE IT FURTHER RESOLVED, that Shannon M. Fultz is hereby entitled to all ofthe rights and privileges associated with this award. 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 Ayc _ Bill M. Ewing Aye Philip A. Lemieux Aye Gary A. Lofton Aye EMPLOYEE OF THE MONTH AWARD FOR MAY 2008 - APPROVF,D Upon a motion by Supervisor Dove, seconded by Supervisor Ewing, the Board approved Jason L. Walther as employee of the month for May 2008. RESOLUTION (#057-08) TO RECOGNIZE THE FREDERICK COUNTY EMPLOYEE OF THE MONTH Jason L. Walther WHEREAS, the Frederick County Board of Supervisors recognizes that the County's employees are a most important resource; and WHEREAS, on September 9, 1992, the Board of Supervisors approved a resolution which _ established the Employee of the Month award and candidates for this award may be nominated by any County employee; and WHEREAS, the Board of Supervisors selects one employee from those nominated, based on the merits of outstanding performance and productivity, positive job attitude, and other noteworthy contributions to their department and to the County; and Minute Book Number 33 Board of Supervisors Regular Meeting of 05/14/08 340 WHEREAS, Jason L. Walther Shannon M. Fultz, who serves as Dispatcher with the Department of Public Safety Communications was nominated for Employee of the Month; and WHEREAS, Jason L. Walther is deserving of special recognition for his outstanding performance. On March 14, 2008, Jason, along with co-workers, handled 9 emergency calls which required dispatching and tracking 41 emergency units during aone-hour period. The experience and training truly came to light as he was able to manage the traffic and maintain the highest level of proficiency, professionalism, and composure which rendered sufficient resolution to each emergency. NOW, THEREFORE, BE IT RESOLVED, by the Frederick County Board of Supervisors this 14th day of May, 2008, that Jason L. Walther is hereby recognized as the Frederick County Employee of the Month for May, 2008; and BE IT FURTHER RESOLVED, that the Board of Supervisors extends gratitude to Jason L. Walther for his outstanding performance and dedicated service and wishes him continued success in future endeavors; and BE IT FURTHER RESOLVED, that Jason L. Walther is hereby entitled to all of the rights and privileges associated with this award. The above motion was approved by the following recorded vote: Richard C. Shickle Aye 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 ADOPTION OF THE FISCAL YEAR 2008 2009 BUDGET - (RESOLUTION #058-081 - APPROVED Upon a motion by Supervisor Ewing, seconded by Supervisor DeHaven, the Board approved the Fiscal Year 2008-2009 Budget. W HEREAS, a notice of public hearing and budget synopsis has been published and a public hearing held on March 26, 2008, in accordance with "1 itle 15.2, Chapter 25, Section 15.2-2506, of the Code of Virginia, 1950 as amended. THEREFORE BE IT FURTHER RESOLVED, by the Board of Supervisors of the County of Frederick, Virginia, that the budget for the 2008-2009 Fiscal Year as advertised in The Winchester Star on March 17, 2008, be hereby approved in the amount of $255,898,185. WHEREAS, the budget amounts represent the total, less transfers between funds. WHEREAS, this Budget Resolution equals an amount less than the advertised budget with the difference equaling state appropriation changes for the School Operating Fund, School Debt Service Fund and the School Textbook Fund and funding of the Unemployment Compensation Fund being included as an automatic appropriation. BE IT FURTHER RESOLVED, that the County of Frederick budget for the 2008-2009 fiscal year be adopted as follows: Minute Book Number 33 Board of Supervisors Regular Meeting of 05/14/08 341 General Operating Fund: General and Financial Administration Judicial Administration 7,992,751 Public Safety 2,370,639 Public Works 21,262,853 Health/Welfare 4,926,537 Education it Community College 7,499,941 Parks, Recreation, Cultural 73,847 Community Development 5,623,020 Non-Departmental Expenses 2,647,948 3,807,581 Regional Jail Fund Landfill Fund 18,878,477 Division of Court Services Fund 11,342,676 Shawnceland Sanitary District Fund 1,415,036 Airport Operating Fund. 1,020,538 Airport Capital Fund 3,321,135 24,000 School Operating Fund: School Instruction 102,347,361 Administration/Attendance and Health Services 5,369,441 Pupil Transportation Services 8,814,131 Operation and Maintenance Services 12,238,497 Facilities 339,518 Technology 5,289,779 School Cafeteria Fund 5,623,346 School Capital Fund 500,000 School Debt Service Fund 14,672,237 Carrick & Sides Trust Funds 950 School Textbook Fund 3,051,911 NREP Operating Fund 5,414,035 NREP Textbook Fund 30,000 BE IT FURTHER RESOLVED, that appropriations are hereby authorized for the central stores fund, special welfare fund, comprehensive services fund, county health insurance fund, school health insurance fund, consolidated services fund, volunteer service/incentive fund, employee benefits fund, maintenance insurance fund, sales tax fund, commonwealth sales tax fund and unemployment compensation fund equal to the total cash balance on hand at July 1, 2008, plus the total amount of receipts for the fiscal year 2008-2009. The Fire Company Capital appropriation will include the current year appropriation plus any unused funds at the end of the fiscal year 2008. BE IT FURTHER RESOLVED, that funding for all outstanding encumbrances at June 30, 2008, are re-appropriated to the 2008-2009 fiscal year to the same department and account for which they are encumbered in the 2007-2008 fiscal year. BE IT FURTHER RESOLVED, that the construction fund projects will be appropriated as a carry forward in the amount that equals the approved original project cost, less expenditures and encumbrances through June 30, 2008. Minute Book Number 33 Board of Supervisors Regular Meeting of 05/14/08 342 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 APPOINTMENTS REAPPOINTMENT OF BASSAM T. SABBAGH AND JAYNE E. SEYMOUR TO THE COMMUNITY POLICY AND MANAGEMENT TEAM (CPMTI -APPROVED Upon a motion by Supervisor Dove, seconded by Vice-Chairman Fisher, the Board reappointed Bassam T. Sabbagh and Jayne E. Seymour to the Community Policy and Management Team (CPMT). This is a two year term, said term to expire June 30, 2010. 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 CORRESPONDENCE RE: PTORTHERN SHENANDOAH VALLEY REGIONAL COMMISSION CHARTER AMENDMENT -INFORMATION ONLY Administrator Riley advised this was a request from the Northern Shenandoah Valley Regional Commission to amend its charter. The proposed changes would: -Transfer decision making functions from the Executive Committee to the full Commission; - Reduce the overall number of Commission voting representatives from 34 to 23; and -Enable each jurisdiction to appoint an alternate voting representative. Administrator Riley concluded by saying the Commission was seeking comments from the Board. RE UEST FOR INSTALLATION OF "WATCH FOR CHILDREN" SIGNS ON GAINESBORO ROAD (ROUTE 684) (RESOLUTION #058-081 -APPROVED UNDER CONSF,NT AGENDA WHEREAS, the 1997 Session of the Virginia Assembly amended the Code of Virginia adding Section 33.1-210.2 relating to the installation and maintenance of "signs alerting motorists that children may be at play nearby;" and WHEREAS, this act provides for the adoption of a resolution by the governing body of any county requesting the Virginia Department of Transportation to install and maintain this type of Minute Book Number 33 Board of Supervisors Regular Meeting of 05/14/08 34~ sign; and WHEREAS, the source of funding for the installation of this sign shall come out of the secondary system construction allocation to the affected county. The costs of maintaining such sign shall be paid out of the secondary system maintenance allocation to the affected county; and WHEREAS, Gainesboro Road (Route 684) from the south intersection of Route 522 to the north intersection of Route 522, is located in a residential area and is within the secondary road system and is a viable candidate for "Watch for Children" signs; and - BE IT THEREFORE RESOLVED, the Frederick County Board of Supervisors does hereby request that the Department of Transportation install "Watch for Children" signs specifically at Gainesboro Road (Route 684), from the south intersection of Route 522 to the north intersection of Route 522, a distance of 1.19 miles. The signs should be placed in accordance with the provisions of Section 33.1-210.2 of the Code of Virginia. BE IT FURTHER RESOLVED, that a certified copy of this resolution be forwarded to the Resident Engineer for the Virginia Department of Transportation. ADOPTEll, this 14th day of May, 2008. R~UEST TO SCHFDULE A PUBLIC HEARING DATE RE MINOR AMENDMENTS TO THE FREDERICK COUNTY CODE AND SHAWNEELAND LOT TRADE -APPROVED Administrator Riley advised this was a request from the County Attorney for Board permission to hold public hearings at the June 11, 2008 meeting to change references to the CommonwealthlEs Attorney in the County Code to County Attorney and to dispose of two lots in Shawneeland. Upon a motion by Supervisor Lofton, seconded by Supervisor Ewing, the Board. approved sending these items forward for public hearing. The above motion was approved by the following recorded vote Richard C. Shickle Aye Gene E. Fisher Aye Charles S. DeI~aven, Jr. Aye Gary W. Dove Aye Bill M. Ewing Aye Philip A. Lemieux Aye Gary A. Lofton Aye COMMITTEE REPORTS PUBLIC WORKS COMMITTEE RF,PORT -APPROVED UNDF,R CONSENT AGENDA The Public Works Committee met on Tuesday, Apri129, 2008, at 8:00 a.m. All members were present. ***Items Requiring Action*** Minute Book Number 33 Board of Supervisors Regular Meeting of US/14/08 344 1. Final Draft Contract for Landfill Green Credits -Removed from the Agenda. To Be Brought Back at a Later Date. ***Items Not Requiring Action*** 1. Lead Paint Stud~for Old Gainesboro Elementary School The committee reviewed and unanimously endorsed a proposal submitted by Triad Engineering, Inc. to perform a lead paint study at the Old Gainesboro Elementary School. The committee recommended that the proposal be expanded to include asbestos testing of the materials associated with the built-up roof. They recommended that the total fee proposal not exceed $3,000. This request will be submitted to the Finance Committee for their consideration. 2. Update on Stormwater Regulations Mr. Joe C. Wilder, Deputy Director, presented a brief update on the status of the proposed Stormwater regulations. Mr. John R. Riley, Jr., County Administrator, requested that staff prepare an estimate of the costs associated with the proposed unfunded mandates. Staff will continue to monitor the evolution of these new regulations and participate in any public comment opportunities. We will prepare an estimate of cost impacts as soon as the revised regulations are made available for comment. 3. Miscellaneous Reports: a. Tonnage Report: Landfill (Attachment 3) b. Animal Shelter Dog Report (Attachment 4) c. Animal Shelter Cat Report (Attachment 5) TRANSPORTATION COMMITTEE REPORT -APPROVED UNDER CONSENT AGENDA The Transportation Committee met on Apri128, 2008 at 8:30 a.m. Members Present Chuck DeHaven (voting) Gary Oates (liaison PC) George Kriz (liaison PC) Lewis Boyer (liaison Stephens City) Dave Burleson (voting) Phil Lemieux (voting) James Racey (voting) Members Absent Donald Breeden (liaison Middletown) ***Items Requiring Action*** None ***Items Not Requiring Action*** 1. Updated Draft of Secondary Street Acceptance Requirements Staff updated the Committee on the latest version of VDOT's draft Secondary Street Minute Book Number 33 Board of Supervisors Regular Meeting of 05/14/08 34F Acceptance Requirements. Staff also noted what the recommended comments would be for the Apri130, 2008 public hearing on this issue. The committee had no issues with the comments which were submitted and are included below. Frederick County would like to thank the Commonwealth Transportation Board for the opportunity to render input on the draft Secondary Street Acceptance Requirements. We would like _ ~ ~ to note the following. 1. This new policy is generally improved from the existing policy, particularly in the following aspects; a. 1'he recognition of the public benefit from a single business that generates a significant trip count. b. The improved commitment to connectivity. c. The consideration of road designs that match the development area. 2. Of concern are the following; a. In spite of VDOTfF,s now not so new policy on bicycle and pedestrian accommodations, this policy focuses largely on pedestrians and not bicycles. b. The policy of allowing three residential units on a street allow that street into the system wasn~Et in earlier drafts, and that was a positive thing. Reintroducing this substandard situation will continue to allow irresponsible development and burden the state with maintaining miles of extra roadway to the benefit of the very few. 2. Secondary Road Project Prioritization The committee reviewed the suggested prof ects for consideration in the effort to outline some priorities for planning purposes and coordination with VDOT. The list that appears below is as it was presented to the committee and is not in a suggested priority order. They noted that the Brucetown Road realignment should be of high if not the highest priority, and that the Spine Road Project should be above the Senseny Road widening. 1. Spine Road from the Haggerty Development to Senseny Road. 2. Double Church Road from Route 277 to the location of the future relocated 277 3. Warrior Drive from Route 277 to Double Church Road 4. Realignment of Brucetown Road 5. Realignment of Valley Mill Road at Route 7 (West) 6. Senseny Road widening 7. Extension of Smithfield Avenue to Brooke Road and associated disconnection of Brick Kiln Road from Brooke Road Minute Book Number 33 Board of Supervisors Regular Meeting of 05/14/08 346 Additionally the committee discussed the citizen request that we consider the replacement of the Old Charlestown Road Bridge into Clarke County. The consensus of the committee was that, with so many other pressing needs, this project was not a priority at this time. Staff will be taking the feedback from the committee and working with VDOT to create a suggested priority list, which will be presented at the May committee meeting. 3. TIA Standards Staff is working to create Traffic Impact Analysis standards for the County and asked the committee for input on timelines and enforceability of the proposed standards. It is expected that ___ the committee will be considering a draft of these standards at their next meeting. 4. Red Light Cameras Staff relayed information and the following suggested locations for potential red light cameras to the committee. 1. Intersection of Route 50 and Route 522 2. Intersection of Senseny Road and Greenwood Road 3. Some or all signals in the vicinity of the interchange of Route 7 and I-81 4. Intersection of Route 11 and Welltown Road 5. Some or all signals in the vicinity of the interchange of Route 37 and Route 522 The committee requested that staff coordinate with VDOT and the Sheriff s office and bring the topic back at a future meeting. 5. MPO Update The MPO recently approved a new Unified Planning Work Program (UPWP) for the upcoming fiscal year. Some projects that it includes are corridor studies for Route 7 and Route 522, Phase 2 of the Route 37 Access Management Study, and the City and County Wide Transit Study. ___ Staff has recently participated in interviewing respondents to the RFP for the Transit study and expect a contract shortly. ~ 6. Other Staff noted that there is potential to do the improvements to the White Oak Road\Tasker Road intersection as a roundabout and was seeking guidance from the committee on how they would prefer to proceed. "fhe committee has asked for additional information which will be provided at the May meeting. ANNUAL REPORTS llEPARTMENTAL FISCAL YEAR 2008-2009 WORK PROGRAMS (FOR INFORMATION ONLY.1 Administrator Riley advised the annual work program reflected the goals and objectives for each department based upon the fiscal year 2008-2009 fiscal plan. They were presented to the Board for information only. PUBLIC HEARINGS PUBLIC HEARING OUTDOOR FESTIVAL PERMIT REQUEST OF TOP OF VIRGINIA BUILDING ASSOCIATION -BIG TOP HOME BUILDERS SHOW AND EXPO PURSUANT TO THE FREDERICK COUNTY CODE CHAPTER 86, Minute Book Number 33 Board of Supervisors Regular Meeting of 05/14/08 34~ FESTIVALS• SECTION 86-3 C PERMIT RE U1RED• APPLICATION• ISSUANCE OR DF,NIAL• FOR AN OUTDOOR FESTIVAL PERMIT. BIG TOP HOME BUILDERS SHOW AND EXPO TO BE HELD ON FRIDAY JUNE 6 AND SATURDAY JUNE 7 2008 FROM 9:00 A.M. TO 9:00 P.M. EACH DAY ON PROPERTY LOCATED AT 1182 MARTINSBURG PIKE WINCHESTER VIRGINIA ANll OWNED BY PRESTON L MOFFETT 1152 MARTINSBURG PIKE WINCHESTER VIRGINIA. -APPROVED Administrator Riley advised this was a request from the Top of Virginia Building Association for the Big Top Home Builders Show and Expo to be held on June 6, 2008 and June 7, 2008 from 9:00 a.m. to 9:00 p.m. at 1182 Martinsburg Pike. Chairman Shickle convened the public hearing. There were no public comments. Chairman Shickle closed the public hearing. Upon a motion by Supervisor DeHaven, seconded by Supervisor Lemieux, the Board approved the Outdoor Festival Pennit for the Top of Virginia Building Association. 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 PLANNING COMMISSION BUSINESS PUBLIC HEARINGS PUBLIC HEARING -REZONING #09-07 OF CLEARBROOK PROPERTY SUBMITTED BY GERMAN F,NGINEERING TO REZONE 14.52 ACRES FROM RA (RURAL AREAS) DISTRICT TO B2 (GENERAL BUSINESS WITH PROFFERS FOR COMMERCIAL USES. THE PROPERTY IS LOCATED ON THE WEST SIDE OF ROUTE 11 APPROXIMATELY 2 200 FEET NORTH OF HOPEWELL ROAD (INTERSTATE EXIT 3211 AND SOUTH OF CEDAR HILL ROAD (ROUTE 6711. AND IS IDENTIFIED BY PROPERTY IDENTIFICATION NUMBER 33-A-125 IN THE STONEWALL MAGISTERIAL DISTRICT. - POSTPONED This item was postponed at the applicant's request. PUBLIC HEARING - REZONING #02-08 FOR GROVF,'S WINCHESTER HARLEY-DAVIDSON SUBMITTED BY POTESTA AND ASSOCIATES TO REZONE 0.2934 ACRES FROM RA RURAL AREAS DISTRICT TO THE B2 GENERAL BUSINESS) DISTRICT WITH PROFFERS TO ACCOMMODATE A PARKING EXPANSION. THE PROPERTY IS LOCATED AT THE CORNEK OF INDEPENllENCE DRIVE (ROUTE 10921 ANll MILLWOOD PIKE (ROUTE 50) AND IS IDENTIFIED BY PROPERTY IDENTIFICATION NUMBER 64-A-159T IN THE SHAWNEE MAGISTERIAL DISTRICT. -APPROVED Minute Book Number 33 Board of Supervisors Regular Meeting of 05/14/08 348 Senior Planner Candice Perkins appeared before the Board regarding this item. She advised this was a request to rezone 0.2934 acres of an 8.2 acre tract from RA (Rural Areas) District to B2 (Business General) District with proffers to accommodate a parking lot expansion. The property is covered by the Eastern Land Use Plan and the proposal is consistent with the goals of that plan. The proposed use would be limited to off-street parking with access limited to the existing access off of lndependence Drive. She concluded by saying the Planning Commission recommended _._ approval. Chairman Shickle convened the public hearing. There were no citizen comments. Chairman Shickle closed the public hearing. Upon a motion by Vice-Chairman Fisher, seconded by Supervisor Lofton, the Board approved Rezoning #02-08 with proffers. The above motion was approved by the following recorded vote: Richard G 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 Ayc PUBLIC HEARING -REZONING #03-08 FOR WINCHESTER REGIONAL ARIPORT AUTHORITY TO REZONF PROPERTY TO THE RA (RURAL AREA ZONING CLASSIFICATION AS FOLLOWS: 0.21 ACRES OF 1.29 ACRES PIN #64 A 39A FROM Ml (LIGHT INDUSTRIALI DISTRICT; 21.11 ACRES PIN #64-A-40B FROM Ml DISTRICT• AND 15.92 ACRES OF 229.05 ACRES PIN #64 A 79 FROM R4 (RESIDENTIAL PLANNED COMMUNITYI DISTRICT. A TOTAL OF 37.4 ACRES IS TO BF. REZONED TO THE RA DISTRICT. THESE PROPERTIES ARE LOCATED ON THE NORTH SIDE OF THE WINCHESTER AIRPORT AND ON THE SOUTH SIDE OF THE AIRPORT ADJACENT TO AIRPORT ROAD (ROUTE 6451 AND BUFFLICK ROAD (ROUTE 7761, IN THE SHAWNEE MAGISTERIAL DISTRICT. -APPROVED Deputy Director of Planning Michael Ruddy appeared before the Board regarding this item. He advised this was an application to rezone several parcels to the RA (Rural Areas) District from M1 (Light Industrial) and R4 (Residential Planned Community) Districts. He went on to say this was a oclean upo exercise and the proposal was consistent with the Comprehensive Plan. He concluded by saying the Planning Commission endorsed this request. Chairman Shickle asked about buffering. Minute Book Number 33 Board of Supervisors Regular Meeting of 05/14/08 345 Deputy Director Ruddy responded that staff was very comfortable with the requirements. Chairman Shickle convened the public hearing. There were no public comments. Chairman Shickle closed the public hearing. Upon a motion by Vice-Chairman Fisher, seconded by Supervisor DeHaven, the Board approved Rezoning #03-08. 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. llove Aye Bill M. Ewing Aye Philip A. Lemieux Aye Gary A. Lofton Aye OTHER PLANNING ITEMS REVOCATION OF CONDITIONAL USE PERMIT #09-04 OF JAMES AND BARBARA BAYLISS. THIS CONDITIONAL USE PERMIT IS BEING REVOKED DUE TO THE SIZE AND NUMBER OF SIGNS ON THE PROPERTY. THE PROPERTY IS LOCATED AT 2680 NORTHWESTERN PIKE ROUTE 50 W AND IS IDENTIFIF,D WITH PROPERTY IDENTIFICATION NUMBERS 52-A-55 AND 52-A-56 IN THE GAINESBORO MAGISTERIAL DISTRICT. UBLIC HEARING HELD AT BOARD MEETING OF MARCH 12 2008. CONTINUED FROM APRIL 9, 2008 BOARD MEETING 1 -APPROVED WITH AMENDED CONDITION. Zoning Administrator Mark Cheran appeared before the Board regarding this item. He advised this item was continued from the Board's April 9, 2008 meeting in order to allow staff to change the language in condition #3. He then read the following proposed condition #3 for the Board's consideration: " 3. Any proposed business sign shall conform to cottage occupation sign requirements, including that it shall not exceed four square feet in size. Only one such sign may be placed on the two properties (Property Identification Numbers 52-A-55 and 52-A-56) combined. No other sign of any kind (including but not limited to any real estate sign advertising either or both of the two properties as for sale) is allowed on either of the two properties unless the cottage occupation sign is removed. Even upon removal of the cottage occupation sign, only the real estate advertising sign (or other sign type) may be placed on the two properties combined." He concluded by saying that staff was seeking approval or denial of the conditional use permit. Upon a motion by Supervisor Dove, seconded byVice-Chairman Fisher, the Board approved Conditional Use Permit #09-04 with the change to condition #3. Supervisor DeHaven stated he had concerns about the directional component of the proposed sign in that it violates our ordinances, otherwise he supports the application. Minute Book Number 33 Board of Supervisors Regular Meeting of 05/14/08 350 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 MASTER DEVELOPMENT PLAN #03-08 OF ARTILLERY BUSINESS CENTER - APPROVED Senior Planner Candice Perkins appeared before the Board regarding this item. She advised this was an application to develop 50.78 acres of land for industrial uses. The property was rezoned in February 2008 with proffers. The master development plan met the proffers and the requirements of the county's ordinances. She went onto say the Planning Commission recommended approval. Senior Planner Perkins concluded by saying the plan was in a form that was administratively approvable. Upon a motion by Supervisor Lofton, seconded by Supervisor DeHaven, the Board granted staff authority to administratively approve Master Development Plan #03-08. 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 DISCUSSION - ROUTF. 277 TRIANGLE & URBAN CENTER LAND USE STUDY u SENT FORWARD FOR PUBLIC HEARING Deputy Director of Planning Michael Ruddy appeared before the Board regarding this item. He advised that staff had received input from the Board of Supervisors regarding this proposed plan and it had been endorsed by the Comprehensive Plans and Programs Subcommittee and the Planning Commission. He went on to say the group added an implementation step. Supervisor DeHaven spoke regarding the text pertaining traffic calming shown on page 4. He felt the language was too specific for a land use plan. 'The Board concurred with Supervisor DeHaven's statement. Supervisor DeHaven suggested staff keep the reference to traffic calming, but leave out how Minute Book Number 33 Board of Supervisors Regular Meeting of OSI14/08 351 it is implemented. Chairman Shickle asked if there were any specifics identified for orderly development. Deputy Director Ruddy responded that Transportation was key and the key segments must be in place. He went on to say water and sewer were not discussed, but the expectation was it would be there. Supervisor Ewing thought the group had done a good job and he strongly supported the proposal. Upon a motion by Supervisor Ewing, seconded by Supervisor Lemieux, the Board voted to send this item forward for public hearing. Vice-Chairman Fisher thanked Deputy Director Ruddy for working with his constituents. Supervisor Dove stated the groups had done a great job and this was the way the county needed to plan. 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 ROAD RESOLUTION (#060-08) - ALLIED SYSTEMS/ARBOR COURT - APPROVED UNDER CONSENT AGENDA WHEREAS, the streets described on the attached Form AM-4.3, fully incorporated herein by reference, arc shown on plats recorded in the Clerk's Office of the Circuit Court of Frederick County; and WHEREAS, the Resident Engineer of the Virginia Department of Transportation has advised this Board that the streets meet the requirements established by the Subdivision Street Requirements of the Virginia Department of Transportation; and WHEREAS, the County and the Virginia Department of Transportation have entered into an agreement on June 9,1993, for comprehensive stormwater detention which applies to this request for addition; and NOW, THEREFORE, BE IT RESOLVED, this Board requests the Virginia Department of Transportation to add the streets described in the attached Form AM-4.3 to the secondary system of state highways, pursuant to 33.1-229, Code of Virginia, and the Department's Subdivision Street Requirements; and BE IT FURTHER RESOLVED, this Board guarantees a clear and unrestricted right-of--way, as described, and any necessary easements for cuts, fills, and drainage; and Minute Book Number 33 Board of Supervisors Regular Meeting of 05/14/08 352 BE IT FURTHER RESOLVEll, that a certified copy of this resolution be forwarded to the Resident Engineer for the Virginia Department of Transportation. BOARD LIAISON REPORTS There were no Board liaison reports. CITIZEN COMMENTS Bill Dodson, Shawnee District, appeared before the Board to thank Vice-Chairman Fisher for his service and help in handling issues and concerns of the Lakeside Homeowners' Association. He hoped Vice-Chairman Fisher could work and maintain this vital relationship with the new Homeowners' Association president. Joe Reese, Fiber Cat Communications, LLC, stated the County had no plan in place to do business with small business companies. He stated he was aloes-voltage contractor and had tried to bid on three school projects, but was not allowed. He went on to say the county did not require a permit for low-voltage cabling. He concluded by saying he was on the verge of closing his business because he could not find business in the county. Administrator Riley advised that staff would forward Mr. Reese's concerns to Patrick at the Economic Development Commission for a response. BOARD OF SUPERVISORS COMMENTS There were no Board of Supervisors' comments. ADJOURN UPON A MOTION BY SUPERVISOR EWING, SECONDED BY SUPERVISOR DOVE, THERE BEING NO FURTHER BUSINESS TO COME BEFORE THIS BOARD, THIS MEETING IS HEREBY ADJOURNED. (8:10 P.M.) ~ 4~ \ ~--'~-~ Richard C. Shickle Chairman, Board of Supervisors o .Riley, Jr. erk, Board of Supervisors Minutes Prepared By: ~ / Jay . T bs Deputy Clerk, Board of Supervisors Minu[e Book Number 33 Board of Supervisors Regular Meeting of 05/14/08