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HomeMy WebLinkAboutAugust 13 2008 Regular Meeting03 A Regular Meeting of the Frederick County Board of Supervisors was held on Wednesday, August l 3, 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 ORDER Chairman Shickle called the meeting to order. INVOCATION Supervisor Dove 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 items for the Board's consideration under the consent agenda: - Transportation Committee Report -Tab G; and - Road Resolutions -Tab M. Upon a motion by Supervisor DeHaven, seconded by Vice-Chairman Fisher, the Board approved the consent agenda by the following recorded vote: Richard C. Shickle Aye Gene E. Fisher Aye Charles. S. DeHaven, Jr. Aye Minute Book Number 34 Board of Supervisors Regular Meeting of 08/13/08 033 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. MINUTF,S -APPROVED Upon a motion by Supervisor Dove, seconded by Supervisor Lofton, the Board approved the minutes from the July 23, 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 Gary W. Dove Aye Bill M. Ewing Aye Philip A. Lemieux Aye Gary A. Lofton Aye COUNTY OFFICIALS EMPLOYEE OF THE MONTH AWARD FOR AUGUST 2008 (RESOLUTION #005 081- APPROVED Upon a motion by Supervisor Dove, seconded by Supervisor Ewing, the Board approved Wayne A. Wymer, lI, as Employee of the Month for August 2008. RESOLUTION TO RECOGNIZE THE FREDERICK COUNTY EMPLOYEE OF THE MONTH Wayne A. Wymer, II 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 WHEREAS, Wayne A. Wymer, II, who serves as Fire & Rescue Technician with the Fire and Rescue Department was nominated for Employee of the Month; and Minute Book Number 34 Board of Supervisors Regular Meeting of 08/13/08 034 WHEREAS, During recent severe weather, the County suffered wide spread power outages and a County citizen that had an extensive medical history was suffering effects from the heat and lack of power. "Therefore, she was unable to utilize her nebulizer treatment but did not feel her condition warranted a trip to the ER. Firefighter Wayne Wymer willingly drove to the residence to assist the citizen with her breathing treatment and spent nearly an hour with her before leaving. The next morning, the citizen called to inform us that the power had been restored and that she wanted to thank Firefighter Wymer for sincerely going above and beyond his duty. NOW, THEREFORE, BE IT RESOLVED, by the Board of Supervisors this 13th day of August, 2008, that Wayne A. Wymer is hereby recognized as the Frederick County Employee of the Month for August 2008; and BF, IT FURTHER RESOLVED that the Board of Supervisors extends gratitude to Wayne A. Wymer, II, for his outstanding performance and dedicated service and wishes him continued success in future endeavors; and BE IT FURTHER RESOLVED, that Wayne A. Wymer, II, 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 COMMITTEE APPOINTMENTS APPOINTMENT OF PAMELA K. KEELER AS A FREDERICK COUNTY REPRESENTATIVE TO THE LORD FAIRFAX EMERGENCY MEDICAL SERVICES COUNCIL -APPROVED Upon a motion by Supervisor Dove, seconded by Supervisor DeHaven, the Board appointed Pamela K. Keeler to fill the unexpired term of Lee Crouse as Frederick County representative to the Lord Fairfax Emergency Medical Services Council, said term to 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 REAPPOINTMENT OF JOHN R. RILEY JR. AS ALTERNATE FREDERICK COUNTY REPRESENTATIVE TO THE JUVENILE DETENTION CENTER COMMISSION -APPROVED Upon a motion by Supervisor DeHaven, seconded by Vice-Chairman Fisher, the Board Minute Book Number 34 Board of Supervisors Regular Meeting of 08/13/08 035 reappointed John R. Riley, Jr. as alternate Frederick County representative to the Juvenile Detention Center Commission. This is a four year appointment, said term expires September 27, 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 BILL M. EWING AS FREDERICK COUNTY REPRESENTATIVE TO THE RF,GIONAL JAIL AUTHORITY -APPROVED Upon a motion by Supervisor DeHaven, seconded by Supervisor Dove, the Board reappointed Bill M. Ewing as Frederick County representative to the Regional Jail Authority. This is a four year appointment, said term expires October 13, 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 DAVID W. GANSE AS BACK CREEK DISTRICT REPRESENTATIVE TO THE BOARD OF BUILDING APPEALS -APPROVED Upon a motion by Vice-Chairman Fisher, seconded by Supervisor Lofton, the Board reappointed David W. Ganse as Back Creek District representative to the Board of Building Appeals. This is a five year appointment, said term expires November 10, 2013. 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 ROBERT RIND AS BACK CREEK DISTRICT REPRESENTATIVE TO THE INDUSTRIAL DEVELOPMENT AUTHORITY - APPROVED Upon a motion by Supervisor Lofton, seconded by Vice-Chairman Fisher, the Board Minute Sook Number 34 Board of Supervisors Regular Meeting of 08/13/08 036 reappointed Robert Rind as Back Creek District representative to the Industrial Development Authority. This is a four year appointment, said term expires November 10, 2012. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Gene E. Fisher Aye Charles. S. Dellaven, Jr. Aye Gary W. Dove Aye Bill M. Ewing Aye Philip A. Lemieux Aye Gary A. Lofton Aye REAPPOINTMENT OF RICHARD G. DICK AS SHAWNEE DISTRICT REPRESENTATIVE TO THE INDUSTRIAL DEVELOPMENT AUTHORITY - APPROVED Upon a motion by Vice-Chairman Fisher, seconded by Supervisor Ewing, the Board reappointed Richard G. Dick as Shawnee District representative to the Industrial Development Authority. This is a four year appointment, said term expires November 10, 2012. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Gene E. Fisher Aye Charles. S. Dellaven, Jr. Aye Gary W. Dove Aye Bill M. Ewing Aye Philip A. Lemieux Aye Gary A. Lofton Aye CORRESPONDENCE RE: FALL 2008 VIRGINIA PUBLIC SCHOOL AUTHORITY ~VPSAI BOND SALE AND REQUEST TO SCHEDULE PUBLIC HEARING DATE FOR SEPTEMBER 24, 2008 -APPROVED Administrator Riley advised this was a request from the school board for a public hearing to be held on September 24, 2008 to approve an application for the Virginia Public School Authority Fa112008 bond sale. The proceeds would satisfy the projected cash flow needs for the construction of the 12th elementary school until the Spring sale in 2009. The amount of the application would be $7,300,000. Upon a motion by Supervisor Dove, seconded by Supervisor Lemieux, the Board authorized the public hearing for September 24, 2008. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Gene E. Fisher Aye Charles. S. Dellaven, Jr. Aye Minute Book Number 34 Board of Supervisors Regular Meeting of 08/13/08 039 Representatives from the Town of Stephens City were on hand to request County support to review the speed limits along Route 11 in the southern part of Stephens City and south to Middletown. The Committee asked staff to gather more information and return with this item for the August meeting. 4. Warren County Truck Restriction Discussion The County received communication from Warren County requesting input on a potential truck restriction of Reliance Rd. The Committee reviewed the information and asked that staff request more information and invite a representative to the August meeting. 5. Article Review 6. Other PUBLIC HEARINGS PUBLIC HEARING -OUTDOOR FESTIVAL PERMIT REQUEST OF ERIC BERMAN - THE PROJEKT MUSIC FESTIVAL. PURSUANT TO THE FREDERICK COUNTY CODE CHAPTER 86 FESTIVALS• SECTION 86-3 C PERMIT REOUIRED• APPLICATION• ISSUANCE OR DENIAL FOR AN OUTDOOR FESTIVAL PERMIT. FESTIVAL TO BE HELD ON THURSDAY AUGUST 21 2008 FROM 8:00 P.M. TO 2:00 A.M.• FRIDAY AUGUST 22 2008 FROM 5:00 P.M. TO 1:30 A.M.• AND SATURDAY AUGUST 23 2008 FROM 2:00 P.M. TO 1:30 A.M. ON THE GROUNDS OF THE COVE CAMPGROUND 980 COVE ROAD GORE VIRGINIA. PROPERTY OWNED BY ALEXANDER W. K. MCDOWELL AND THE MCDOWELL FAMILY LLC. -APPROVED Administrator Riley briefly reviewed the application. He advised this was a request for an outdoor festival permit for a music festival to be held at The Cove Campground with approximately 1,000 people attending. He noted the Health Department had provided comments. Administrator Riley stated that any approval should be conditioned on the applicant meeting the requirements of the Health Department. Chairman Shickle convened the public hearing. There were no citizen comments. Chairman Shickle closed the public hearing. Upon a motion by Supervisor Lofton, seconded by Supervisor Dove, the Board approved the outdoor festival permit subject to the applicant meeting the requirements ofthe Lord Fairfax Health District. 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 Minute Book Number 34 Board of Supervisors Regular Meeting of 08/13/08 04 Philip A. Lemieux Aye Gary A. Lofton Aye PUBLIC HEARING OUTDOOR FESTIVAL PERMIT REQUEST OF STEPHANIE SINGER-VOGT AND ARTY VOGT -WILDERNESS JAM. PURSUANT TO THE FREDERICK COUNTY CODE CHAPTER 86, FESTIVALS• SECTION 86-3 C, PERMIT REOUIRED• APPLICATION• ISSUANCE OR DENIAL; FOR AN OUTDOOR FESTIVAL PERMIT FESTIVAL TO BE HELD ON FRIDAY, SEPTEMBER 5 2008 FROM 8.00 P.M. TO 12:00 A.M.• AND SATURDAY, SEPTEMBER 6 2008 FROM 6:00 P.M. TO 10:00 P.M. ON THE GROUNDS OF THE COVE CAMPGROUND 980 COVE ROAD GORE VIRGINIA. PROPERTY OWNED BY ALEXANDER W K MCDOWELL AND THE MCDOWELL FAMILY, LLC. -APPROVED Administrator Riley briefly reviewed this application for an outdoor festival permit for an event at The Cove Campground. Chairman Shickle convened the public hearing. There were no citizen comments. Chairman Shickle closed the public hearing. Upon a motion by Supervisor Lofton, seconded by Supervisor Ewing, the Board approved the outdoor festival permit subject to the applicant meeting the requirements of the Lord Fairfax Health District. 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 PUBLIC HEARING OUTDOOR FESTIVAL PERMIT REQUEST OF MILAGROS BROOKS -BLUE FOX LABOR DAY POKER RUN. PURSUANT TO THE FREDERICK COUNTY CODE CHAPTER 86 FESTIVALS; SECTION 86-3 C. PERMIT REOUIRED• APPLICATION• ISSUANCE OR DENIAL; FOR AN OUTDOOR FESTIVAL PERMIT FESTIVAL TO BE HELD ON MONDAY, SEPTEMBER 1 2008 FROM 11.00 A M TO 6:00 P.M., AT BLUE FOX BILLIARDS, BAR & GRILL 1160 MILLWOOD PIKE, WINCHESTER VIRGINIA. PROPERTY OWNED BY RICHARD AND J'NEANE COFFMAN. -APPROVED Administrator Riley briefly reviewed this application. Supervisor Lofton asked if the applicant had checked with the property owner of the former Hoss's Steakhouse regarding overflow parking. fhe applicant responded they would contact the owner. Minute Book Number 34 Board of Supervisors Regular Meeting of 08/13/08 037 Gary W. Dove Aye Bill M. Ewing Aye Philip A. Lemieux Aye Gary A. Lofton Aye REQUEST FROM COMMISSIONER OF THE REVENUF FOR REFUNDS APPROVED Administrator Riley advised this was a request from the Commissioner of the Revenue to authorize the Treasurer to refund the following: 1. Cardinal Virginia Concrete Company ($3,526.95); and 2. VAULT ($4,824.42). Upon a motion by Supervisor Ewing, seconded by Supervisor DeHaven, the Board approved the refund request. 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 DRAFT LEGISLATIVE AGENDA -APPROVED Administrator Riley advised that staff had put together a draft legislative agenda for the Board's consideration. The priorities included: 1. Support for increased State transportation funding. 2. Opposition to further reductions in State funding for local government budgets. 3. Repeal of inflation caps on State funding for the Standards of Quality. 4. Opposition to proffer/impact fee reform as currently proposed in SB 768 (Watkins) (conditional zoning; impact fees). 5. Support for amendments to the Virginia Property Owners Association Act as proposed in2008 SB 6016 (Vogel) (Virginia Property Owners Association Act; reformation of declarations). 6.Opposition to Changes in the Burden of Proof in Real Estate Assessment Appeals SB 789 (Quayle) (real estate assessments; burden of proof on appeal). 7. Relaxation of the Dillon Rule. Upon a motion by Supervisor DeHaven, seconded by Supervisor Lemieux, the Board approved forwarding the legislative agenda to the Virginia Association of Counties. Minute Book Number 34 Board of Supervisors Regular Meeting of 08/13/08 038 The above motion was approved by the following recorded vote: Richard C. Shickle Aye Gene E. Fisher Aye Charles. S. DeHaven, Jr. Aye Gary W. Dove Aye Bill M. Ewing Aye Philip A. Lemieux Aye Gary A. Lofton Aye Upon a motion by Supervisor Dove, seconded by Supervisor DeHaven, the Board approved sending this list of legislative priorities to the local legislators. ***Items Requiring Action*** None 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 TRANSPORTATION COMMITTEE REPORT -APPROVED UNDER CONSENT AGENDA The Transportation Committee met on July 28, 2008 at 8:30 a.m. Members Present Chuck DeHaven (voting) Lewis Boyer (liaison Stephens City) James Racey (voting) Phil Lemieux (voting) George Kris (liaison PC) Gary Oates (liaison PC) Members Absent Donald Breeden (liaison Middletown) Dave Burleson (voting) ***Items Not Requiring Action*** 1. Route 11 North Planning Update Staff updated the Committee on the draft Route 11 North Land Use Plan. 2. Update on Interstate Primary, and Secondary Road Plans Staff updated the Committee on the status of the Interstate, Primary, and Secondary Road Plans. The Committee recommended approval of the draft plans, which will proceed to the Planning _ Commission for the August 6, 2008 meeting and the Board of Supervisors for the September 24, 2008 meeting. 3. Stephens City Speed Limit Discussion Minute Book Number 34 Board of Supervisors Regular Meeting of 08/13/08 041 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 the outdoor festival permit subject to the applicant contacting the property owner of the former Hoss's Steakhouse regarding use for overflow parking. 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 PUBLIC HEARINGS PUBLIC HEARING -ROUTE 277 TRIANGLE AND URBAN CENTER LAND USE STUDY - AN AMENDMENT TO THE 2007 COMPREHENSIVE POLICY PLAN CHAPTER 6. LAND USE, TO INCLUDE THE ROUTE 277 TRIANGLE AND URBAN CENTER LAND USE PLAN. THE PLAN PROVIDES OPPORTUNITIES TO CREATE NEW COMMUNITIES INTEGRATE LAND USE AND TRANSPORTATION CHOICES ADDRESS COMMUNITY INFRASTRUCTURE NEEDS AND EXPAND THE COUNTY'S GOALS FOR ECONOMIC DEVELOPMENT IN THE ROUTE 277 (FAIRFAX PIKEI AREA THE PLAN EXPANDS THE URBAN DEVELOPMENT AREA r~UDA) BY APPROXIMATFLY 664 ACRES AND THE SEWER AND WATER SERVICE AREA (SWSAI BY APPROXIMATELY 2 360 ACRES - (RESOLUTION # 006-08) APPROVED PLAN WITH THE EXCEPTION OF THE EXPANSION OF THE URBAN DEVELOPMENT AREA AND THE SEWER AND WATER SERVICE AREA Deputy Planning Director Michael Ruddy appeared before the Board regarding this item. He advised the Route 277 Study effort identified opportunities to create new communities, integrated land use and transportation choices, addressed community infrastructure needs, and expanded the County's goals for economic development. The study promotes five main areas of new land use focus: the Route 277 Urban Center, Route 277 "Triangle, Center of Economy, Interstate Commercial at 307, Neighborhood Commercial at White Oak Woods, and Tasker Woods. He went on to say the community was engaged throughout this planning effort resulting in a high level of participation, which was valuable to the overall study effort. He noted that many of the comments and issues offered by the public were incorporated in the land use plan. He concluded by saying the Planning Minute Book Number 34 Board of Supervisors Regular Meeting of US/13/08 042 Commission recommended approval of the Route 277 Triangle and Urban Center Land U se Plan and amendment of the 2007 Comprehensive Policy Plan. Chairman Shickle convened the public hearing. Carla Coffey, Arcadia Building Company, read the following statement: "I offer thefollowing comments on the proposed amendment to the 2007 Comprehensive Policy Plan before you this evening. Arcadia Development C'o. is the owner of Southern Kills Subdivision (PIN __._ 65-A-116) and Pepper Lune, Monterey Road, LLC, and Pepper Lane Land Acquisition, LLC is the owner of theCRSProperty(PIN86-A-156, 86-A-171, 86-A-177, 86-A-178, 86-A-178A, 87-A-1, and 86-A-IA). The following comments are provided on their behalf 1) Transportation - (p. 3) a.) The study states access to the new South Frederick Parkway would be 1 invited to Town Run Lane, Double Church Road, Warrior Drive, Hudson Hollow Road, and existing Route 277 business at its new intersection with the parkway. As part of the rezoning for the Southern Hills Subdivision which occurred in 2007 Arcadia proffered to dedicate the right-of-wuyfor the future South Frederick Parkway; said dedication is conditioned upon a minimum of two entrances be provided from the future road to serve the commercial property and Arcadia is entitled to meaningfully participate in the design of the road with regards to the location and design of the two entrances. This is a condition of the proposed right-of--way dedication and was accepted by Frederick County. Please make the necessary changes to reflect the two additional access points. 2) Route 277 Triangle & Urban Center Study Proposed Transportation & Trail Network - DRAFT - (exhibit) a.) The draft transportation network currently depicts a road connection from White Oak Road to Route 277 through the CRS Property. The road connection indicated is not ,feasible do to the environmentally sensitive nature of this area. It does not appear engineering constraints such as topography, steep slopes, wetlands, etc. were accounted for in the draft transportation network. Your consideration of the above comments is appreciated. Sincerely, ARCADIA BUILDING COMPANY" Jonathan Hancock, Opequon District, advised the proposed parkway would go right behind his house and he was opposed to this route. He further noted there was awetlands/drainage pond behind his house and he was concerned how this proposal would affect drainage. He concluded by saying there would be a need for two working interstate exits in this area in the future. David Ritter, Opequon District, stated the proposed road would run through his property and he was concerned because there had never been any communication with him about this proposal. He concluded by saying he would like to get more information about this plan. Joanne Leonardis, Red Bud District and a member of Preserve Frederick, stated Minute Book Number 34 Board of Supervisors Regular Meeting of 08!13/08 043 Preserve Frederick was initially taken aback by this proposal, but upon further review the group felt it made a lot of sense. She noted the road networks have improved. She urged the Board to begin thinking about how the best parts of this plan would be implemented. She concluded by saying Preserve Frederick supported this plan. There being no further public comments, Chairman Shickle closed the public hearing. Supervisor Dove stated it was his understanding the lines on the maps were generalized and not exact locations of roads, etc. Deputy Director Ruddy responded yes. He stated the plan is a guide for individual and future property owners in the county. He went on to say many of these items would only occur when owners look for new uses on their property. Supervisor Ewing asked how the county could address the situation with the road entrances mentioned by Arcadia. Deputy Director Ruddy responded those issues could be addressed at the time the road is built. Chairman Shickle advised that he had met with the Chairman and Director of the Frederick County Sanitation Authority and they were concerned about their ability to serve this area at build out. He noted their particular concern was water. He went on to say it would behoove the Board to periodically touch base with the Sanitation Authority regarding the supply of water. Vice-Chairman Fisher stated this issue was discussed at the most recent Board work session and some Board members wanted wording in the Northeast Land Use Plan section identifying issues that could affect the timing of development. Chairman Shickle asked if the Board had to expand the Urban Development Area and Sewer and Water Service Area as part of this proposal. Deputy Director Ruddy responded that was a key component of the plan and it was being done now to better aid in the implementation of the land use plan. Supervisor DeHaven moved to adopt everything but the Urban Development Area and Sewer and Water Service Area expansion portion of the plan and have staff reevaluate with the service providers the proposed expansion of these boundaries. The motion was seconded by Vice-Chairman Fisher. Minute Book Number 34 Board of Supervisors Regular Meeting of 08/13/08 044 Deputy Director Ruddy noted that the language on page 6 would need to be modified since those boundaries were not changed. Supervisor Ewing stated he was concerned about the issues raised by the citizens who spoke during the public hearing and he would like to see them addressed before the Board votes. AN AMENDMENT TO THE FREDERICK COUNTY 2007 COMPREHENSIVE POLICY PLAN CHAPTER 6, LAND USE WHEREAS, An amendment to the Frederick County 2007 Comprehensive Policy Plan, Chapter 6, Land Use, to include the Route 277 Triangle and Urban Center Land Use Plan which promotes five main areas of new land uses: The Route 277 Urban Center, the Route 277 Triangle - Center of Economy, Interstate Commercial at Exit 307, Neighborhood Commercial at White Oak Woods, and Tasker Woods, was considered. The Route 277 Triangle and Urban Center Land Use Plan includes land generally located east of Interstate 81, north and south of Fairfax Pike (Route 277), and west of Route 522, in the Opequon, Shawnee, and Back Creek Magisterial Districts. This amendment was reviewed by the Comprehensive Plans and Programs Subcommittee (CPPS), and the Planning Commission during their regularly scheduled meetings; and WHEREAS, the Comprehensive Plans and Programs Subcommittee (CPPS) held a public meeting of this Comprehensive Policy Plan amendment on April 14, 2008; and WHEREAS, The Planning Commission held a public hearing on this Comprehensive Policy Plan amendment on June 18, 2008; and WHEREAS, the Board of Supervisors held a public hearing on this Comprehensive Policy Plan amendment on August 13, 2008; and _ WHEREAS, the Frederick County Board of Supervisors finds the adoption of this Comprehensive Policy Plan amendment, to be in the best interest of the public health, safety, welfare, and in good planning practice. NOW, THEREFORE, BE IT ORDAINED, by the Frederick County Board of Supervisors that the Frederick County 2007 Comprehensive Policy Plan, Chapter 6, Land Use, is amended to include the Route 277 Triangle and Urban Center Land Use Plan, including maps. The revised Route 277 Triangle and Urban Center Land Use Plan and maps are described in the attached document. (On file in the Office of Planning and Development.) This policy shall be in effect on the day of adoption. There being no further discussion, the motion was approved by the following recorded vote: Richard C. Shickle Aye Gene E. Fisher Aye Charles. S. DeHaven, Jr. Aye Gary W. Dove Aye Bill M. Ewing Nay Philip A. Lemieux Aye Gary A. Lofton Aye OTHER PLANNING ITEMS RESOLUTION (#007-08) RE• HEALTH DEPARTMENT SEWAGE DISPOSAL Minute Book Number 34 Board of Supervisors Regular Meeting or08/13/U8 045 REGULATIONS PERTAINING TO RECENT SOIL DEPTH REVISION - APPROVED Administrator Riley advised the Health Department unilaterally implemented a regulation change, which increased the drainfield depth from 12 inches to 18 inches. They have asked the County to modify its 2005 action regarding conditional permits in order to allow the Health Department the ability to grandfather those property owners who received approval prior to the regulation change, but had yet to construct their system. Director of Planning & Development Eric Lawrence stated in 2005 the Board directed the Health Department not to implement conditional approvals for new construction with undersized systems. The Health Department has since honored that request. The Health Department has suggested if the Board allows conditional permits to be issued for systems that had originally received approval at 12 inches then the Health Department would issue them only in those instances. He concluded by saying the Health Department believed there were about 2,000 permits that would be eligible for this approval. Chairman Shickle was concerned the Board could be putting 2,000 people at risk of constructing failing systems, if the conditional permits were approved. Supervisor DeHaven stated the systems had already been approved at 12 inches and there were now people out there with an executed certification from the Health Department, but they are now being told it is no good and we have to try to address this issue. Upon a motion by Supervisor Dove, seconded by Supervisor Lemieux, the Board approved the resolution requesting Health Department cessation of conditional construction permit approvals for new construction except in reference to soil distance parameters. WHEREAS, the Commonwealth of Virginia State Board of Health regulations provide for the issuance of Conditional Construction Permits, as defined in Section 2.13 J of the sewage Handling and Disposal regulations, dated July 1, 2000; and, WHEREAS, such regulations enable various conditions to be placed on an approved health system, one of which includes the limitation on the number of persons occupying the dwelling or using the facility served by the proposed septic tank system; and, WHEREAS, the Board of Supervisors passed by resolution on May 25, 2005, requesting that the Virginia Department of Health cease to issue Conditional Construction Permits for new construction within Frederick County, which Virginia Department of Health has continued to honor; and, WHEREAS, the Virginia Department Health on July 22, 2008, issued a policy clarification Minute Book Number 34 Board of Supervisors Regular Meeting of 08/13/08 046 that would enable health systems which previously received written health approvals based on separation distances of 12 to 18 inch to impervious strata for shallow placed systems, to receive construction permits through the conditional process; and, WHEREAS, the County supports the use of the conditional approval in an effort to honor previously approved health approvals for the impervious strata separation distances. NOW, THEREFORE, BE IT ORDAINED that the Frederick County Board of Supervisors does hereby request that the Virginia Department of Health continue to cease to issue Conditional Construction Permits for new construction in Frederick County unless it is solely for the purpose of grandfathering a previously written approval pertaining to separation distances to impervious strata for shallow placed systems. 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 RESOLUTIONS: ROAD RESOLUTION (#008-09~- WAKELAND MANOR, PHASE 5/WARRIOR DRIVE PHASE I -APPROVED UNDER CONSENT AGENDA WHEREAS, the streets described on the attached Form AM-4.3, fully incorporated herein by reference, are 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. 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 clear and unrestricted right-of--way, as described, and any necessary easements for cuts, fills, and drainage; and BE IT FURTHER RESOLVED, that a certified copy of this resolution be forwarded to the Resident Engineer for the Virginia Department of Transportation. ROAD RESOLUTION (#009-091 MARANTO MANOR DRIVE -APPROVED UNDER _.. CONSENT AGENDA WHEREAS, the streets described on the attached Form AM-4.3, fully incorporated herein by reference, are shown on plats recorded in the Clerk's Office of the Circuit Court of Frederick County; and Minute Book Number 34 Board of Supervisors Regular Meeting of 08/13/08 047 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. 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 clear and unrestricted right-of--way, as described, and any necessary easements for cuts, fills, and drainage; and BE IT FURTHER RESOLVED, that a certified copy ofthis resolution be forwarded to the Resident Engineer for the Virginia Department of Transportation. ROAD RESOLUTION (#010-09) -GOVERNOR'S HILL PHASE II - COVERSTONE DRIVE -APPROVED UNDER CONSENT AGENDA WHEREAS, the streets described on the attached Form AM-4.3, fully incorporated herein by reference, are 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. 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 clear and unrestricted right-of--way, as described, and any necessary easements for cuts, fills, and drainage; and BE 1T FURTHER RESOLVED, that a certified copy ofthis resolution be forwarded to the Resident Engineer for the Virginia Department of Transportation. BOARD LIAISON REPORTS Chairman Shickle advised thathe asked Vice-Chairman Fisher, Sanitation Authority liaison, to request the Sanitation Authority give the Board an annual update on their operations, projections, etc. CITIZEN COMMENTS There were no citizen comments. Minute Book Number 34 Board of Supervisors Regular Meeting of 08/13/08 oas 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. (8:45 P.M.) Richard C. Shickle J/6hi .Riley, Jr. Chairman, Board of Supervisors rk, Board of Supervisors (r,. Minutes Prepared By: ' Jay E Tib Deputy Clerk, Board of Supervisors Minute Book Number 34 Board of Supervisors Regular Meeting of 08/13/08