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HomeMy WebLinkAboutJanuary 28, 2009 Regular Meeting203 A Regular Meeting of the Frederick County Board of Supervisors was held on Wednesday, January 28, 2009, at 7:15 P.M., in the Board of Supervisors' Meeting Room, 107 North Kent Street, Winchester, Virginia. PRESENT Chairman Richard C. Shickle; Vice - Chairman Bill M. Ewing; Charles S. DeHaven, Jr.; Gary W. Dove; Gene E. Fisher; Philip A. Lemieux; and Gary A. Lofton. CALL TO ORDER Chairman Shickle called the regular meeting to order. INVOCATION Supervisor Dove delivered the invocation. PLEDGE OF ALLEGIANCE Vice - Chairman Ewing led the Pledge of Allegiance. ADOPTION OF AGENDA - APPROVED County Administrator John R. Riley, Jr. advised there were no additions or changes to the agenda. Upon a motion by Supervisor Dove, seconded by Supervisor DeHaven, the Board approved the agenda by the following recorded vote: Richard C. Shickle Aye Charles S. DeHaven, Jr. Aye Gary W. Dove Aye Bill M. Ewing Aye Gene E. Fisher Aye Philip A. Lemieux Aye Gary A. Lofton Aye CONSENT AGENDA There were no items for the consent agenda. CITIZEN COMMENTS There were no citizen comments. BOARD OF SUPERVISORS COMMENTS There were no Board of Supervisors comments. MINUTES - APPROVED Upon a motion by Supervisor Dove, seconded by Supervisor Fisher, the Board approved the minutes from the January 14, 2009 Regular Meeting. The above motion was approved by the following recorded vote: Minute Book Number 34 Board of Supervisors Regular Meeting of 01/28/09 204 Richard C. Shickle Aye Charles S. DeHaven, Jr. Aye Gary W. Dove Aye Bill M. Ewing Aye Gene E. Fisher Aye Philip A. Lemieux Aye Gary A. Lofton Aye COUNTY OFFICIALS COMMITTEE APPOINTMENTS REAPPOINTMENT OF DONALD E. NESSELRODT AS MEMBER -AT -LARGE TO THE FREDERICK COUNTY SOCIAL SERVICES BOARD - APPROVED Upon a motion by Supervisor Lemieux, seconded by Supervisor DeHaven, the Board reappointed Donald E. Nesselrodt to the Frederick County Social Services Board, as Member- At- Large. This is a four year appointment, said term to expire March 9, 2013. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Charles S. DeHaven, Jr. Aye Gary W. Dove Aye Bill M. Ewing Aye Gene E. Fisher Aye Philip A. Lemieux Aye Gary A. Lofton Aye RESOLUTION ( #038 -09) OF THE BOARD OF SUPERVISORS RELATING TO THE VIRGINIA SESQUICENTENNIAL OF THE AMERICAN CIVIL WAR COMMISSION AND BRIEF UPDATE BY TOURISM BOARD DIRECTOR NATALIE WILLS OF LOCAL COMMITTEE'S PLANS - APPROVED Natalie Wills, Director of the Winchester - Frederick County Convention and Visitors' Bureau, appeared before the Board regarding this item. She was seeking the Board's support of a resolution for the Virginia Sesquicentennial of the American Civil War Commission. She stated the County had a committee in place with approximately 20 members. She went on to say this committee was working in partnership with the Shenandoah Valley Battlefields Foundation. Ms. Wills advised the committee would be involved in the commemoration of John Brown's raid, which will take place in Harper's Ferry, West Virginia. On June 27, 2009, the Shenandoah Valley's sesquicentennial will kick -off. Ms. Wills informed the Board that the Visitors' Bureau has been selected as part of a pilot program by the Library of Virginia to digitize historical records and artifacts which citizens may have in their attics. She concluded by saying she appreciated the Board's support. Minute Book Number 34 Board of Supervisors Regular Meeting of 01/28/09 205 Upon a motion by Supervisor DeHaven, seconded by Supervisor Lemieux, the Board approved the Resolution of the Board of Supervisors Relating to the Virginia Sesquicentennial of the American Civil War Commission. WHEREAS, the Frederick County Board of Supervisors is dedicated to the furtherance of economic development and tourism in Frederick County. WHEREAS, the Virginia Sesquicentennial of the American Civil War Commission (the Commission) was created in 2006 by the General Assembly for the purpose of preparing for and commemorating the 150 anniversary of Virginia's participation in the American Civil War; and WHEREAS, the Commission has requested that each locality in Virginia form a sesquicentennial committee to aid in planning for the commemoration period; and WHEREAS, Frederick County will become a locality in Virginia to form a sesquicentennial committee; and WHEREAS, the Board of Supervisors wishes to undertake this endeavor with the Commission to promote and commemorate this important historic milestone; and NOW, THEREFORE, BE IT RESOLVED, by the Board of Supervisors of Frederick County, Virginia: 1. The Board of Supervisors hereby desires to support the Virginia Sesquicentennial of the American Civil War Commission and their efforts to commemorate the 150 anniversary of Virginia's participation in the American Civil War. 2. Frederick County will be part of a joint committee with the City of Winchester with Natalie Wills, Executive Director of the Winchester- Frederick County Convention & Visitors Bureau, as chair and Terry Heder, Program Manager for Field Services for the Shenandoah Valley Battlefields Foundation, as co- chair. Adopted this 28 day of January, 2009 by the Frederick County Board of Supervisors. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Charles S. DeHaven, Jr. Aye Gary W. Dove Aye Bill M. Ewing Aye Gene E. Fisher Aye Philip A. Lemieux Aye Gary A. Lofton Aye CORRESPONDENCE AND RESOLUTION ( #039 -09) RE: NORTHERN SHENANDOAH VALLEY REGIONAL COMMISSION'S APPLICATION FOR THE NEIGHBORHOOD STABILIZATION PROGRAM (AKA FORECLOSURE FUNDING ASSISTANCE) - APPROVED Martha Shickle with the Northern Shenandoah Regional Commission appeared before the Board to discuss the Commission's application for a grant from the Neighborhood Stabilization Program, authorized through the federal Housing and Economic Recovery Act of 2008, administered by the Virginia Department of Housing and Community Development, Ms. Shickle briefly reviewed the causes of foreclosure and how the Neighborhood Stabilization Program would help with the number of foreclosed properties in the region. The Commission Minute Book Number 34 Board of Supervisors Regular Meeting of 01/28/09 206 would work with Habitat for Humanity and community housing partners to develop affordable housing in the region. She concluded by saying she was asking the Board to approve the submission of the application, authorize the use of funds in Frederick County, and participation by staff or elected officials as part of the management team, which will monitor the program and report results back to the Board. Chairman Shickle stated this program does not keep people out of foreclosure, but salvages foreclosed properties. Ms. Shickle responded correct. Upon a motion by Supervisor DeHaven, seconded by Supervisor Ewing, the Board approved the resolution in support of the application for funds from the Neighborhood Stabilization Program. Whereas, the Neighborhood Stabilization Program (NSP), a federal program authorized under Title III of the Housing and Economic Recovery Act of 2008, will provide emergency assistance to state and local governments to acquire and redevelop foreclosed properties that might otherwise become sources of abandonment and blight within their communities, and Whereas, the NSP provides grants to every state and certain local communities to purchase foreclosed or abandoned homes and to rehabilitate, resell, or redevelop these homes in order to stabilize neighborhoods and stem the decline of house values of neighborhood homes, Whereas, the Northern Shenandoah Valley Regional Commission wishes to apply for a multi - jurisdictional grant in the amount of $4,000,000 of Virginia Community Development Block Grant Neighborhood Stabilization Program funds for implementation of the Northern Shenandoah Valley Foreclosure Mitigation Program, and Whereas, $5,000,000 mortgage interest rate subsidies are expected to be available as additional funds for this project, and it is projected that homeownership assistance to approximately twenty five first time homebuyers will result from the implementation of this project, of which all will be low- moderate - and middle income persons, and Now, therefore be it resolved, the Frederick County Board of Supervisors supports the submission of application for funding under the above mentioned Program, and Be It further resolved, this body has identified neighborhoods in the Stephens City and Senseny Road Corridor for use of NSP funds, and agrees to serve on the Management Team for oversight of this Program, and Be it further resolved that, Chris Price, Executive Director of the Northern Shenandoah Valley Regional Commission is hereby authorized to sign and submit appropriate documents for the submittal of this proposal. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Charles S. DeHaven, Jr. Aye Gary W. Dove Aye Bill M. Ewing Aye Gene E. Fisher Aye Philip A. Lemieux Aye Gary A. Lofton Aye Minute Book Number 34 Board of Supervisors Regular Meeting of 01 /28/09 207 Supervisor Lemieux volunteered to serve on the Management Team. RESOLUTION ( #040 -09) AUTHORIZING COUNTY ADMI TO CONSENT TO TREASURER'S COMPROMISE AND SETTLEMENT OF CERTAIN TAXES — NO ACTION TAKEN Administrator Riley advised the General Assembly, in 2004, enacted Virginia Code §58.1 -3994, to allow local tax officials to compromise and settle certain taxes due and owing to their respective locality, with the consent of the locality's governing body or its designee. The assessment of such taxes must be in dispute or the collection of the entire amount due and owing must be in substantial doubt, and the best interests of the locality must be served by compromise and settlement of the matter. He went on to say the County currently carries a large number of delinquent tax accounts for undeveloped lots in the Lake Holiday, Mountain Falls /Wilde Acres, and Shawneeland subdivisions. Many of these delinquencies date back a significant number of years, in some cases likely to the original sale of the lots following creation of the subdivisions. The likelihood of these lots being developed at any time in the near future is, for a number of reasons, minimal at best. Property taxes and penalties and interest on delinquencies continue to accrue on such lots. For Shawneeland, the continuing accruals include Sanitary District special assessments. Administrator Riley advised the Treasurer has requested, via resolution, to provide for the County Attorney to review and the County Administrator to be the designee to consent to such compromises as the Treasurer may reach with regard to delinquent tax accounts for undeveloped lots in the three subdivisions. Administrator Riley concluded by saying the County Administrator and Treasurer would make quarterly reports to the Board on any compromises and settlements. Vice - Chairman Ewing asked if a settlement was approved would the lots remain on the tax roll. County Attorney Roderick Williams responded yes, as this process would allow the current owner to clear the delinquencies. Supervisor Lofton asked if the County had a process in place to sell the delinquent lots and recoup the taxes owed. County Attorney Williams responded yes, the State Code did allow for tax sales by the Treasurer without going through the court process. Vice - Chairman Ewing asked if the process could be stopped once it was started. County Attorney Williams responded yes. Minute Book Number 34 Board of Supervisors Regular Meeting of 01/28/09 li Supervisor Lofton stated he had a hard time "letting people off the hook"; however, he would have no problem with the owner giving up the property in order to negotiate a settlement on their taxes. He concluded by saying he could not support this item. Chairman Shickle asked for a motion from the Board. No motion was made; therefore, no action was taken on this request. COMMITTEE REPORTS FINANCE COMMITTEE REPORT The Audit Committee met in the First Floor Conference Room at 107 North Kent Street on Wednesday, January 21, 2009 at 8:00 a.m. The Finance Committee meeting and a Budget Work Session immediately followed. All members were present. 1. A representative from Robinson, Farmer, Cox, Associates will be present the Comprehensive Annual Financial Report (CAFR) for the fiscal year ending June 30, 2008. The committee heard comments from audit managers Randy Jones and David Foley. Finance Committee — items 1, 2, and 5 were approved on consent agenda. Upon a motion by Vice - Chairman Ewing, seconded by Supervisor DeHaven, the Board approved the consent agenda by the following recorded vote: Richard C. Shickle Aye Charles S. DeHaven, Jr. Aye Gary W. Dove Aye Bill M. Ewing Aye Gene E. Fisher Aye Philip A. Lemieux Aye Gary A. Lofton Aye 1. The Sheriff requests a General Fund supplemental appropriation in the amount of $11,054.64 This amount represents State forfeited asset dollars received. See attached memo, p. 1. — Approved Under Consent Agenda. 2. The Sheriff requests a General Fund supplemental appropriation in the amount of $2,151.75 This amount represents DARE t -shirt reimbursements and a donation to the department. See attached memo, p. 2. — Approved Under Consent Agenda. 3. The Public Safety Communications Director requests a General Fund supplemental appropriation in the amount of $50,000 This amount represents grant funds received for a Citizens Alerting System Project. See attached information, p. 3 -6. The committee recommends approval. — Approved. Upon a motion by Vice - Chairman Ewing, seconded by Supervisor Fisher, the Board approved the above request by the following recorded vote: Richard C. Shickle Aye Charles S. DeHaven, Jr. Aye Gary W. Dove Aye Bill M. Ewing Aye Gene E. Fisher Aye Philip A. Lemieux Aye Gary A. Lofton Aye Minute Book Number 34 Board of Supervisors Regular Meeting of 01/28/09 M W 4. The Director of Public Works requests a Shawneeland Fund transfer in the amount of $150,000 and approval of a change order in the amount of $229,556 These adjustments are necessary to complete the Cherokee Dam Project at Shawneeland. See attached memo, p. 7. The committee recommends approval. — Approved. Upon a motion by Vice - Chairman Ewing, seconded by Supervisor Lofton, the Board approved the above request by the following recorded vote: Richard C. Shickle Aye Charles S. DeHaven, Jr. Aye Gary W. Dove Aye Bill M. Ewing Aye Gene E. Fisher Aye Philip A. Lemieux Aye Gary A. Lofton Aye 5. The Interim Director of Parks & Recreation requests at General Fund supplemental appropriation in the amount of $4,984.59 This amount represents proceeds from the Thanksgiving 5K and the Winter Wonderland which will be distributed to Big Brothers /Big Sisters, WINC Chain of Checks, and the United Way, who were cooperative partners of the events. See attached memo, p. 8. — Approved Under Consent Agenda. 6. The Planning Director requests a General Fund supplemental appropriation in the amount of $3,840 This amount represents a carry - forward of donations for purchase development rights. See attached memo, p. 9. The committee recommends approval. — Approved. Upon a motion by Vice - Chairman Ewing, seconded by Supervisor Fisher, the Board approved the above request by the following recorded vote: Richard C. Shickle Aye Charles S. DeHaven, Jr. Aye Gary W. Dove Aye Bill M. Ewing Aye Gene E. Fisher Aye Philip A. Lemieux Aye Gary A. Lofton Aye 7. The Assistant County Administrator provides additional information and proposed changes to the County proffer policy. See attached information, p. 10 -18. The committee recommends adopting the policy with the proposed changes. — Approved. Upon a motion by Vice - Chairman Ewing, seconded by Supervisor DeHaven, the Board approved the above request by the following recorded vote: Richard C. Shickle Aye Charles S. DeHaven, Jr. Aye Gary W. Dove Aye Bill M. Ewing Aye Gene E. Fisher Aye Philip A. Lemieux Aye Gary A. Lofton Aye 8. Round Hill Fire & Rescue requests$43,392 in proffer funds to pay principal on a recently purchased pumper. See attached, p. 19. The committee recommends approval. — Denied. Minute Book Number 34 Board of Supervisors Regular Meeting of 01/28/09 210 Vice - Chairman Ewing moved to approve the above request. The motion died due to the lack of a second. 9. The Voter Registrar supplied information on the cost to the County for "no excuse absentee voting" legislation that is before the General Assembly. The County Administrator requested endorsement from the committee to draft a letter in opposition to the proposal. See attached information, p. 20 -25. The committee recommends approval. — Approved. Upon a motion by Vice - Chairman Ewing, seconded by Supervisor DeHaven, the Board approved the above request by the following recorded vote: Richard C. Shickle Aye Charles S. DeHaven, Jr. Aye Gary W. Dove Aye Bill M. Ewing Aye Gene E. Fisher Aye Philip A. Lemieux Aye Gary A. Lofton Aye Budget Work Session 1. FY 10 budget discussion. Information Only 1. The Finance Director provides a fund balance report. See attached, p. 26. PUBLIC HEARINGS PUBLIC HEARING - AMENDMENT TO THE 2008 -2009 FISCAL YEAR BUDGET - (RESOLUTION #041 -09) — PURSUANT TO SECTION 15.2 -2507 OF THE CODE OF VIRGINIA 1950 AS AMENDED, THE BOARD OF SUPERVISORS WILL HOLD A PUBLIC HEARING TO AMEND THE FISCAL YEAR 2008 -2009 BUDGET TO REFLECT: DECREASE IN GENERAL FUND APPROPRIATIONS IN THE AMOUNT OF $3,366,580. THIS AMOUNT REDUCES BUDGET REVENUE PROJECTIONS AND EXPENDITURE APPROPRIATIONS. - APPROVED Administrator Riley advised this was a public hearing to approve a decrease in the General Fund budget in the amount $3,366,580. He then reviewed the areas in which funding was being reduced to offset the revenue shortfall. County reductions are: Awards Banquet (remaining funds) Reduce Transportation funding (does not include carry forward ) Eliminate Fire & Rescue VIP program Eliminate Fire & Rescue vaccination program Reduce Fire & Rescue Company capital contribution (50% reduction) Reductions in Inspections, Engineering and Refuse (includes positions) Reduce Gypsy Moth Spraying Cancel remaining budgeted travel Eliminate position of Revenue Recovery Specialist Eliminate employee Education assistance (funds remaining) Fuel commuting costs (eliminate commuting in county vehicles) Eliminate Public Safety Operations Supervisor Eliminate Public Safety Radio Technician Reduce repairs and maintenance (buildings and grounds) Eliminate Planning Technician Reduce office expenses — Planning Department 5,000 100,000 93,120 7,500 50,000 519,739 100,000 110,000 48,000 40,000 20,000 45,000 50,000 100,000 40,000 15,000 Minute Book Number 34 Board of Supervisors Regular Meeting of 01/28/09 211 Reductions in EDC (professional fees / office ) Freeze all Salaries Reductions in Sheriffs Dept. operating budget Reduce Jail Operating funding Eliminate Fire and Rescue Deputy Chief Total School Board reductions are: Projected surplus in vehicle fuel expenditures Hiring freeze for selected vacancies Projected NREP credit in current year Maintenance Projects (boiler replacement) Reduce school allocations Restrict overtime and substitute expenditures Reduce intervention and remediation services Total Chairman Shickle convened the public hearing. There were no citizen comments. Chairman Shickle closed the public hearing. 18,500 97,435 80,000 50,945 100,000 $1,690,239 $350,000 $282,183 $118,441 $169,199 $256,923 $174,277 $335,557 $1,686,580 Upon a motion by Supervisor DeHaven, seconded by Supervisor Fisher, the Board approved the resolution amending the fiscal year 2008 -2009 budget. WHEREAS, the Frederick County Board of Supervisors, meeting in regular session and public hearing held on January 28, 2009, took the following action: NOW, THEREFORE, BE IT RESOLVED, by the Board of Supervisors that the FY 2008 -2009 Budget be Amended to Reflect: Decrease in General Fund Appropriations in the Amount of $3,366,580. This Amount Reduces Budget Revenue Projections and Expenditure Appropriations. Vice - Chairman Ewing stated that he believed the amount should have been $4 million. the above motion was approved by the following recorded vote: Richard C. Shickle Aye Charles S. DeHaven, Jr. Aye Gary W. Dove Aye Bill M. Ewing Aye Gene E. Fisher Aye Philip A. Lemieux Aye Gary A. Lofton Aye PUBLIC HEARING - PROPOSED AMENDMENT TO THE FREDERICK COUNTY CODE CHAPTER 158 VEHICLES AND TRAFFIC• ARTICLE 1 GENERAL PROVISIONS; ADDITION OF NEW SECTION 158 -3.1, USE OF PHOTO RED MONITORING SYSTEMS TO ENFORCE TRAFFIC SIGNALS• PENALTY: TO ALLOW THE USE OF PHOTO RED ENFORCEMENT SYSTEM. - DENIED Deputy Director of Planning — Transportation John Bishop appeared before the Board regarding this item. He advised this was a proposed amendment to the Frederick County Code to Minute Book Number 34 Board of Supervisors Regular Meeting of 01/28/09 212 allow the State enabled collection of fines through red light enforcement cameras. He noted this was not the final action to implement this system, but was only enabling the County to implement it at a future time. He noted the Transportation Committee would still need to forward to the Board a recommendation for a selected vendor, etc. Supervisor Lofton asked if the vendor would receive any revenue from this system. Deputy Director Bishop responded that the vendor is permitted to collect a fee which is set by State Code. Supervisor Lofton wanted to know what type of system was used to operate the cameras. Deputy Director Bishop responded that would depend on the type of system agreed to by VDOT and the locality. He went on to say the type of system varies by vendor and locality preference. Ile concluded by saying VDOT does not favor putting the sensors in the pavement. Chairman Shickle convened the public hearing. There were no citizen comments. Chairman Shickle closed the public hearing. Vice - Chairman Ewing asked if by approving this resolution the Board was implementing this system. Deputy Director Bishop stated this was only "putting it on the books" and it would take another action by the Board to implement the system. Supervisor Lofton asked what the basis was for putting this "on the books ". Deputy Director Bishop responded the basis was safety, as this was seen as a disincentive to run red lights. Supervisor Fisher stated this was strictly a safety issue and these systems improve safety. Supervisor Fisher moved to adopt the ordinance authorize the use of photo- monitoring systems to enforce traffic light signals. Me motion was seconded by Supervisor Lemieux. Supervisor Lofton stated that he failed to see this problem needing such a "draconian" fix and that putting these cameras up would do nothing to help. He could not support the proposal. Supervisor Dove agreed with Supervisor Lofton. Supervisor Lemieux stated he would be curious to know if the Sheriff's Department had dollar amounts for medical treatment and property damage caused by drivers running red light, as he would be interested in seeing how those number relate. Minute Book Number 34 Board of Supervisors Regular Meeting or 01/28/09 213 Supervisor DeHaven stated there had always been a great deal of controversy and discussion on this topic, but he could see no downside to incorporating the enabling legislation. The above motion failed by the following recorded vote: Richard C. Shickle Nay Charles S. DeHaven, Jr. Aye Gary W. Dove Nay Bill M. Ewing Nay Gene E. Fisher Aye Philip A. Lemieux Aye Gary A. Lofton Nay PUBLIC HEARING - PROPOSED AMENDMENT TO THE FREDERICK COUNTY CODE CHAPTER 158 VEHICLES AND TRAFFIC; ARTICLE I, GENERAL PROVISIONS; SECTION 158 -1, STATE UNIFORM TRAFFIC CODE ADOPTED; TO MODIFY THIS SECTION TO CORRESPOND MORE CLOSELY WITH THE SECTION TITLES IN TITLE 46.2 OF THE CODE OF VIRGINIA 1950, AS AMENDED. - APPROVED County Attorney Williams advised this was a technical amendment to the County Code. He noted the current Code §158 -1 incorporates various provisions of Title 46.2 (Motor Vehicles) of the Virginia Code pursuant to the authority granted by Virginia Code §46.2 -1313. The current County Code does not; however, incorporate all relevant provisions of Title 46.2, as Section 46.2 -1313 permits. Ile noted some of the omitted offenses are allowed to be written as county offenses, if incorporated into the Code. He concluded by saying the proposed ordinance would fix those omissions. 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 Ewing, the Board adopted the ordinance to revise Frederick County's adoption of the state uniform traffic laws. The Board of Supervisors of Frederick County, Virginia hereby ordains that § 158 -1 of Article I (General Provisions) of Chapter 158 (Vehicles and Traffic) of the Code of Frederick County, Virginia be, and the same hereby is, amended by enacting an amended § 158 -1, to read as follows and to take effect immediately: CHAPTER 158 ARTICLE. I General Provisions § 158 -1. State Uniform Traffic Code adopted. A. Pursuant to the authority and provisions of § 46.2 -1313 of the Code of Virginia, 1950, as amended, the following chapters, articles and sections of Title 46.2, Motor Vehicles, of such Code are hereby adopted and incorporated by reference in this chapter and made applicable within Frederick County, and by this reference any future amendments to such Code are hereby adopted and incorporated in this chapter and made applicable within Frederick County as of the effective date of such amendments: (1) 46.2 -300, Driving without license prohibited; penalties. Minute Book Number 34 Board of Supervisors Regular Meeting of 01/28/09 214 (2) 46.2 -301, Driving while license, permit, or privilege to drive suspended or revoked. (2A) 46.2- 301.1, Administrative impoundment of motor vehicle for certain driving while license suspended or revoked offenses; judicial impoundment upon conviction; penalty for permitting violation with one's vehicle. (3) 46.2 -302, Driving while restoration of license is contingent on furnishing proof of financial responsibility. (4) 46.2 -346, Prohibited uses of driver's licenses. (5) 46.2 -347, Fraudulent use of driver's license or Department of Motor Vehicles identification card to obtain alcoholic beverages; penalties. (6) 46.2 -348, Fraud or false statements in applications for license; penalties. (7) 46.2 -349, Unlawful to permit violations of chapter 3 of Title 46.2, Motor Vehicles, of such Code. (8) 46.2 -350, Penalty for violation of chapter 3 of Title 46.2, Motor Vehicles, of such Code. (9) 46.2 -362, Appeals. (10) 46.2 -707, Operating uninsured motor vehicle. (11) Chapter 6, Article 9 in its entirety (License Plates, Generally). (12) 46.2 -800, Riding bicycles, electric personal assistive mobility devices, electric power - assisted bicycles, or mopeds; riding or driving animals. (13) 46.2- 800.1, Riding animals on highways after sunset. (14) 46.2 -801, Application to drivers of all vehicles. (15) 46.2 -802, Drive on right side of highways. (16) 46.2 -803, Keep to the right in crossing intersections or railroads. (16A) 46.2- 803.1, Commercial motor vehicles limited to use of certain lanes of certain interstate highways. (17) 46.2 -804, Special regulations applicable on highways laned for traffic. (18) 46.2 -805, Lane direction control signs. (19) 46.2 -806, One -way roadways and highways. (20) 46.2 -807, Rotary traffic islands. (21) 46.2 -808, Controlled access highways. (21A) 46.2- 808.1, Use of crossovers on controlled access highways; penalty. (2113) 46.2 -809, Regulation of truck traffic on primary and secondary highways. (21C) 46.2- 809.1, Regulation of residential cut - through traffic. (21D) 46.2 -810, Age limits for drivers of public passenger - carrying vehicles. (22) 46.2 -811, Coasting prohibited. (23) 46.2 -812, Driving more than thirteen hours in twenty -four prohibited. (24) 46.2 -813, Occupation of trailer being towed on highways. (25) 46.2 -814, Driving through safety zone prohibited. (26) 46.2 -816, Following too closely. (27) 46.2 -817, Disregarding signal by law- enforcement officer to stop; eluding police; penalties. (28) 46.2 -818, Stopping vehicle of another; blocking access to premises; damaging or threatening commercial vehicle or operator thereof; penalties. (28A) 46.2 -819, Use of toll facility without payment of toll; circumstances to be considered in assessing penalty. (2813) 46.2- 819.1, Installation and use of photo- monitoring system or automatic vehicle identification system in conjunction with certain toll facilities; penalty. Minute Book Number 34 Board of Supervisors Regular Meeting of 01/28/09 215 (28C) 46.2- 819.2, Driving a motor vehicle from establishment where motor fuel offered for sale; suspension of license; penalty. (28D) 46.2- 819.3, Use of toll facility without payment of toll; enforcement; penalty. (28E) 46.2- 819.4, Smoking in proximity to gas pumps; penalty. (29) 46.2 -820, Right -of -way at uncontrolled intersections, generally. (30) 46.2 -821, Vehicles before entering certain highways shall stop or yield right -of -way. (31) 46.2 -822, Right -of -way at traffic circles. (32) 46.2 -823, Unlawful speed forfeits right -of -way. (33) 46.2 -824, Right -of -way at uncontrolled "T" intersections. (34) 46.2 -825, Left turn traffic to yield right -of -way. (35) 46.2 -826, Stop before entering public highway or sidewalk from private road, etc.; yielding right -of -way. (35A) 46.2 -827, Right -of -way of United States forces, troops, national guard, etc. (36) 46.2 -828, Right -of -way for funeral processions under police or sheriffs escort; improper joining of, passing through, or interfering with processions prohibited; use of high beam headlights and hazard lights by vehicles traveling in funeral processions. (36A) 46.2- 828.1, Impeding or disrupting certain funeral processions; penalty. (37) 46.2 -829, Approach of law- enforcement or fire - fighting vehicles, rescue vehicles, or ambulances; violation as failure to yield right -of -way. (38) 46.2 -830, Uniform marking and signing of highways; drivers to obey signs; enforcement of section. (39) 46.2- 830.1, Failure to obey highway sign where driver sleeping or resting. (40) 46.2 -831, Unofficial signs prohibited; penalties. (41) 46.2 -832, Damaging or removing certain signs. (41A) 46.2 -833, Traffic lights; penalty. (4113) 46.2- 833.1, Evasion of traffic control devices. (42) 46.2 -834, Signals by law- enforcement officers and crossing guards. (43) 46.2 -835, Right turn on steady red light after stopping. (44) 46.2 -836, Left turn on steady red after stopping. (45) 46.2 -837, Passing vehicles proceeding in opposite directions. (46) 46.2 -838, Passing when overtaking a vehicle. (47) 46.2 -839, Passing bicycle, electric personal assistive mobility device, electric power - assisted bicycle, moped, animal, or animal -drawn vehicle. (48) [46.2 -840, Horn signal when overtaking vehicle.] (49) 46.2 -841, When overtaking vehicle may pass on right. (50) 46.2 -842, Driver to give way to overtaking vehicle. (51) 46.2- 842.1, Drivers to give way to certain overtaking vehicles on divided highways. (52) 46.2 -843, Limitations on overtaking and passing. (53) 46.2 -844, Passing stopped school buses; penalty; prima facie evidence. (54) 46.2 -845, Limitation on U -turns. (55) 46.2 -846, Required position and method of turning at intersections; local regulations. (56) 46.2 -847, Left turns by bicycles, electric personal assistive mobility devices, electric power- assisted bicycles, and mopeds. (57) 46.2 -848, Signals required on backing, stopping, or turning. (58) 46.2 -849, How signals given. Minute Book Number 34 Board of Supervisors Regular Meeting of 01/28/09 216 (59) 46.2 -850, Change of course after giving signal. (60) 46.2 -851, Signals prior to moving standing vehicles into traffic. (61) Chapter 8, Article 7 in its entirety (Reckless Driving and Improper Driving). (62) Chapter 8, Article 8 in its entirety (Speed). (63) Chapter 8, Article 9 in its entirety (Railroad Crossings). (64) Chapter 8, Article 10 in its entirety (Stopping on Highways). (65) Chapter 8, Article 12 in its entirety (Bicycles). (66) Chapter 8, Article 12.1 in its entirety (Low -Speed Vehicles), except that the provisions of (84) of this subsection shall not apply to low -speed vehicles. (67) Chapter 8, Article 13 in its entirety (Motorcycles and Mopeds and All- Terrain Vehicles). (68) Chapter 8, Article 13.1 in its entirety (Golf Cart and Utility Vehicle Operation). (69) Chapter 8, Article 15 in its entirety (Emergency Vehicles). (70) Chapter 8, Article 16 in its entirety (Pedestrians). (71) Chapter 8, Article 17 in its entirety (Legal Procedures and Requirements). (72) Chapter 10, Article 1 in its entirety (Vehicle and Equipment Safety, Generally). (73) Chapter 10, Article 3 in its entirety (Lights and Turn Signals). (74) Chapter 10, Article 4 in its entirety (Tires). (75) Chapter 10, Article 5 in its entirety (Exhaust System). (76) Chapter 10, Article 6 in its entirety (Windshields and Windows). (77) Chapter 10, Article 7 in its entirety (Horns, Sirens, and Whistles). (78) Chapter 10, Article 8 in its entirety (Steering and Suspension Systems). (79) Chapter 10, Article 9 in its entirety (Brakes). (80) Chapter 10, Article 11 in its entirety (Paint, Lettering, and Special Equipment for School Buses). (81) Chapter 10, Article 12 in its entirety (Safety Belts). (82) Chapter 10, Article 13 in its entirety (Child Restraints). (83) Chapter 10, Article 20 in its entirety (Loads and Cargoes). (84) Chapter 10, Article 21 in its entirety (Safety Inspections). (85) Chapter 12, Article 1 in its entirety (Abandoned Vehicles). (86) Chapter 12, Article 2 in its entirety (Immobilized and Unattended Vehicles). (87) Chapter 12, Article 3 in its entirety (Trespassing Vehicles, Parking, and Towing). (88) Chapter 12.1 (Parking for Persons with Disabilities). B. The definitions of 46.2 -100 of the Code of Virginia, 1950, as amended, shall apply to all the provisions of this chapter. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Charles S. DeHaven, Jr. Aye Gary W. Dove Aye Bill M. Ewing Aye Gene E. Fisher Aye Philip A. Lemieux Aye Gary A. Lofton Aye Y Minute Book Number 34 Board of Supervisors Regular Meeting of 01/28/09 217 WINCHESTER LOCATED AT 280 LANDFILL ROAD, TAX MAP NUMBER 65- A -168. LYING AND BEING SITUATE IN THE SHAWNEE MAGISTERIAL DISTRICT SPECIFICALLY, A PORTION OF TAX MAP NUMBER 65 -A -168 THAT IS LOCATED ADJACENT TO A PARCELS LOCATED ON THE SOUTH SIDE OF SULPHUR SPRING ROAD AND KNOWN AS TAX MAP NUMBER 65- A -176. - APPROVED Administrator Riley advised this was a proposal to exchange landfill property for an approximate 0.4 acre parcel owned by Madison Lodge No. 6, Independent Order of the Odd Fellows. The acquisition of this parcel will allow staff to implement necessary safety and site distance improvements to the intersection of Landfill and Sulphur Spring Road. The portion of the landfill property at issue was acquired in 1986 from the Teates family and per review of the deed for that portion, the property is jointly owned by the County and the City of Winchester. The Winchester City Council will conduct a public hearing and take action on this item at their February 10, 2009 meeting. Chairman Shickle convened the public hearing. There were no public comments. Chairman Shickle closed the public hearing. Upon a motion by Vice- Chairman Ewing, seconded by Supervisor Dove, the Board approved the property exchange. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Charles S. DeHaven, Jr. Aye Gary W. Dove Aye Bill M. Ewing Aye Gene E. Fisher Aye Philip A. Lemieux Aye Gary A. Lofton Aye PLANNING COMMISSION BUSINESS PUBLIC HEARINGS PUBLIC HEARING - REZONING #13 -08 OF 1932 -1958 SENSENY ROAD SUBMITTED BY PAINTER -LEWIS P.L.C., TO REZONE 3.93 ACRES FROM RP (RESIDENTIAL PERFORMANCE) DISTRICT TO B2 (GENERAL BUSINESS) DISTRICT WITH PROFFERS, FOR A COMMERCIAL PROJECT THAT MAY INCLUDE A PHARMACY. THE PROPERTIES ARE LOCATED IN THE SOUTHEASTERN QUADRANT OF THE INTERSECTION AT SENSENY ROAD (ROUTE 657) AND GREENWOOD ROAD (ROUTE 656) AND ARE IDENTIFIED BY PROPERTY IDENTIFICATION NUMBERS 55 -A -196, 65A -2 -A, 65A- 2 -1 -2, 65A- 2 -1 -3. 65A- 2 -1 -4. AND 65A -2 -1 -5 IN THE RED BUD MAGISTERIAL DISTRICT. - APPROVED Deputy Director of Planning Michael Ruddy appeared before the Board regarding this item. He advised this was a proposal to rezone 3.93 acres from RP (Residential Performance) Minute Book Number 34 Board of Supervisors Regular Meeting of 01/28/09 21E District to B2 (Business General) District with proffers. The property is located in the southeast corner of Greenwood Road & Senseny Road. He went on to say that the Board of Supervisors denied a similar rezoning request for this site approximately two years ago. The biggest concerns at that time had to do with transportation. Deputy Director Ruddy went on to say the project has since modified the site access and design. The property is located within the Urban Development Area and Sewer and Water Service Area. He went on to say the Comprehensive Plan calls for this type of land use in that area. Deputy Director Ruddy noted the proposed entrance to the site is located directly across from the Orrick Commons entrance. In addition, there will be right - in/right -out on Greenwood Road. The applicant will also provide a median along Senseny Road. There is also a $25,000 monetary contribution for transportation. The Planning Commission recommended approval with the addition of a proffer prohibiting a car wash on the site. Deputy Director Ruddy advised the applicant has provided a revised proffer statement reflecting the Planning Commission's recommendation. Supervisor Lemieux asked if the pedestrian crossing at Food Lion was required by the new site design. Deputy Director Ruddy responded yes and staff would make sure that happens. John Lewis, Painter - Lewis, appeared before the Board on behalf of the applicant. He stated that he believed this application had addressed all of staff's issues. Chairman Shickle convened the public hearing. Kathy Kerns, Shawnee District, stated she lives directly across Greenwood Road from this project and it would be difficult to cross the road to her mailbox and difficult to leave her driveway. She went on to say the median is a concern because it would cause her to turn 90° to make a left turn. She expressed her concern about the lighting. She did not like the proposed landscape buffer. She did not like the looks of the CVS on Berryville Avenue and wants this new building to blend into the neighborhood. Mr. & Mrs. Jeffrey Goehenour, Red Bud District, stated the store would be located behind their property. They would like an eight -foot fence instead of a six -foot fence by their house. They were concerned about dust from construction and they wanted to know how the applicant will keep the dust down. They are against putting a restaurant in because they do not want a dumpster behind the house. Finally, they were concerned about run -off. There being no further public comments, Chairman Shickle closed the public hearing. Minute Book Number 34 Board of Supervisors Regular Meeting of 01/28/09 219 Mr. Lewis responded to the comments. He stated there was projected to be more traffic on Greenwood Road; therefore, the applicant was constructing two more lanes. He went on to say the applicant would review the location of Mrs. Kerns' mailbox with VDOT and the Postal Service. Mr. Lewis explained they had to allow Mrs. Kerns to turn out of her driveway and the road was designed to allow her to go in and out onto Greenwood Road. With regard to the lighting, Mr. Lewis stated that he is working with the lighting people on the County's light plan. He cited the lighting at the CVS on Tasker Road as the type they wanted to emulate on the site. Mr. Lewis went on to say the applicant had entered into an agreement with Mrs. Kerns regarding the landscape buffer. The applicant has not committed to building a higher fence. Dust would be allayed on site per the development specifications to be monitored by the County. He went on to say that he did not know what would be built on the eastern portion of the property, but the applicant would like the option of building a small restaurant. Finally, run -off would not be an issue as the applicant would be building a curb along the property line. Supervisor Lemieux asked if the screening could be raised in the median instead of installing it in Mrs. Kerns' yard. Mr. Lewis responded that someone would have to maintain it, but he did not think it was likely they could put it in the median. Supervisor Lofton suggested installing chevrons in median, similar to those found on Interstate 66. Mr. Lewis responded that was a consideration, but he was not sure how VDOT would feel about that. Chairman Shickle asked if there was anything in the proffers to give the neighbors comfort regarding dust. Mr. Lewis responded the applicant was required to wet the ground during construction and cover any stored dirt with a vegetated growth within seven days. Supervisor Lemieux thanked the applicant for bringing this project back. Upon a motion by Supervisor Lemieux, seconded by Supervisor Dove, the Board approved Rezoning #13 -08. WHEREAS, Rezoning #13 -08 of 1932 -1958 Senseny Road Pharmacy, submitted by Painter - Lewis, PLC, to rezone 3.93 acres from RP (Residential Performance) District to B2 (General Business) District, with proffers dated July 2, 2008 with last revision date of January 21, 2009, for a Commercial Project that may include a Pharmacy, was considered. The Minute Book Number 34 Board of Supervisors Regular Meeting of 01/28/09 220 properties are located in the southeastern quadrant of the intersection at Senseny Road (Route 665) and Greenwood Road (Route 656), in the Red Bud Magisterial District, and are identified by Property Identification Numbers 55 -A -196, 65A -2 -1, 64A -2 -1, 65A- 2 -1 -2, 65A- 2 -1 -3, 65A -2- 1-4, and 65A- 2 -1 -5. WHEREAS, the Planning Commission held a public hearing on this rezoning on January 7, 2009; and WHEREAS, the Board of Supervisors held a public hearing on this rezoning on January 28, 2009; and WHEREAS, the Frederick County Board of Supervisors finds the approval of this rezoning to be in the best interest of the public health, safety, welfare, and in conformance with the Comprehensive Policy Plan. NOW, THEREFORE, BE IT ORDAINED, by the Frederick County Board of Supervisors that Chapter 165 of the Frederick County Code, 'Zoning, is amended to revise the Zoning District Map to rezone 3.93 acres from RP (Residential Performance) District to B2 (General Business) District for a Commercial Project that may include a Pharmacy, subject to the attached conditions voluntarily proffered in writing by the applicant and property owner. This ordinance shall be in effect on the date of adoption. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Charles S. DeHaven, Jr. Aye Gary W. Dove Aye Bill M. Ewing Aye Gene E. Fisher Aye Philip A. Lemieux Aye Gary A. Lofton Aye PUBLIC HEARING - REZONING #15 -08 OF ADA COMMERCIAL C ENTER SUBMITTED BY GREENWAY ENGINEERING, TO REVISE PROFFERS ASSOCIATED WITH REZONING #02 -05 FOR 28.10 ACRES OF LAND ZONED B3 (INDUSTRIAL TRANSITION). THIS REVISION IS INTENDED TO REMOVE THE PREVIOUSLY PROFFERED USES ON THE SITE THE PROPERTY IS LOCATED NORTH OF THE CITY OF WINCHESTER FRONTING ON THE WEST SIDE OF MARTINSBURG PIKE (ROUTE 11) OPPOSITE THE INTERSECTION WITH STEPHENSON ROAD (ROUTE 66 4) AND IS IDENTIFIED BY PROPERTY IDENTIFICATION NUMBER 44 -A -75 IN THE STONEWALL MAGISTERIAL DISTIRCT. - APPROVED Senior Planner Candice Perkins appeared before the Board regarding this item. She advised this was an application to revise proffers to remove a previously proffered use. The property is currently zoned B2 Industrial Transition and this proposal would permit all commercial and industrial uses in the B3 District. The property is located on Martinsburg Pike. Supervisor DeHaven asked if staff was comfortable with the number of vehicle trips and that the wet lands would be avoided. Evan Wyatt, Greenway Engineering, appeared before the Board on behalf of the applicant. The wetlands would not be affected. This proposal would require less acreage and there would be fewer vehicle trips. Minute Book Number 34 Board of Supervisors Regular Meeting of 01/28/09 221 Chairman Shickle convened the public hearing. There were no citizen comments. Chairman Shickle closed the public hearing. Upon a motion by Supervisor DeHaven, seconded by Supervisor Lofton, the Board approved Rezoning #15 -08. WHEREAS, Rezoning #15 -08 of Adams Commercial Center, submitted by Greenway Engineering, to revise proffers dated April 17, 2008 with final revision date of January 8, 2009, associated with Rezoning #02 -05 for 28.10 acres of land zoned B3 (Industrial Transition) was considered. This revision is intended to remove the previously proffered uses on the site. The property fronts on the west side of Martinsburg Pike (Route 11 North), opposite the intersection with Stephenson Road (Route 664), in the Stonewall Magisterial District, and is identified by Property Identification Number 44 -A -75. WHEREAS, the Planning Commission held a public hearing on this rezoning on January 7, 2009; and WHEREAS, the Board of Supervisors held a public hearing on this rezoning on January 28, 2009; and WHEREAS, the Frederick County Board of Supervisors finds the approval of this rezoning to be in the best interest of the public health, safety, welfare, and in conformance with the Comprehensive Policy Plan. NOW, THEREFORE, BE IT ORDAINED, by the Frederick County Board of Supervisors that Chapter 165 of the Frederick County Code, Zoning, is amended to revise the proffers concerning Rezoning #02 -05. This revision is intended to remove the previously proffered uses on the site, as described by the application and attached conditions voluntarily proffered in writing by the applicant and the property owner. This ordinance shall be in effect on the date of adoption. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Charles S. DeHaven, Jr. Aye Gary W. Dove Aye Bill M. Ewing Aye Gene E. Fisher Aye Philip A. Lemieux Aye Gary A. Lofton Aye PUBLIC HEARING - REZONING #10 -08 FOR GOVERNOR'S HILL SUBMITTED BY PATTON HARRIS RUST & ASSOCIATES, TO REZONE 39.7 ACRES FROM THE RA (RURAL AREAS) DISTRICT TO THE R4 (RESIDENTIAL PLANNED COMMUNITY) DISTRICT, WITH PROFFERS, AND 238.3 ACRES FROM R4 DISTRICT TO THE R4 DISTRICT, TO REVISE THE PROFFERS ASSOCIATED WITH REZONING #11 -05. THE PROPERTY IDENTIFICATION NUMBERS ARE 64 -A -83, 64- A -83A, 64 -A -84, 64 -A -85, 64 -A- 86, AND 64 -A -87 AND THE PROPERTIES ARE LOCATED ON THE SOUTH SIDE OF MILLWOOD PIKE (ROUTE 50 E), ACROSS FROM SULPHUR SPRING ROAD (ROUTE 655) AND THE RAVENS SUBDIVISION, IN THE SHAWNEE MAGISTERIAL DISTRICT. - APPROVED MASTER DEVELOPMENT PLAN #08 -08 FOR GOVERNOR'S HILL — FORWARDED TO STAFF Minute Book Number 34 Board of Supervisors Regular Meeting of 01/28/09 221 Senior Planner Candice Perkins appeared before the Board regarding this item. She stated this was a request to revise the proffers associated with Rezoning 411 -05. The proposal contains 278 acres of mixed use, containing 161.1 acres of commercial and 550 residential units. Senior Planner Perkins reviewed the increase in commercial acreage and the transportation proffers associated with this request. She went on to say many of the proffers were consistent with the original rezoning #11 -05. She concluded by saying the Planning Commission recommended approval. Deputy Planning Director — Transportation John Bishop reviewed the transportation component. He advised the application has acquired the parcel needed to access Inverlee Way. He went on to say a portion of Sulphur Spring Road would now access the residential development and Coverstone Drive would access Inverlee Way. He went on to say the smaller transportation issues have been addressed. Chairman Shickle convened the public hearing. Ron Mislowsky, Patton Harris Rust & Associates, appeared on behalf of the applicant. He said he would be glad to answer any questions the Board might have. There being no further public comments Chairman Shickle closed the public hearing. Upon a motion by Supervisor Fisher, seconded by Supervisor Dove, the Board approved modification number 1 pertaining to the mixture of housing types. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Charles S. DeHaven, Jr. Aye Gary W. Dove Aye Bill M. Ewing Aye Gene E. Fisher Aye Philip A. Lemieux Aye Gary A. Lofton Aye Upon a motion by Supervisor Fisher, seconded by Supervisor Dove, the Board approved modification number 2 pertaining to the percentage of commercial land. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Charles S. DeHaven, Jr. Aye Gary W. Dove Aye Bill M. Ewing Aye Gene E. Fisher Aye Philip A. Lemieux Aye Gary A. Lofton Aye Minute Book Number 34 Board of Supervisors Regular Meeting of 01/28/09 223 Upon a motion by Supervisor Fisher, seconded by Supervisor Dove, the Board approved Rezoning #10 -08 and forwarded Master Development Plan #08 -08 to Planning Staff. WHEREAS, Rezoning #08 -08 of Governors Hill, submitted by Patton Harris Rust & Associates to rezone 39.7 acres from RA (Rural Areas) District to R4 (Residential Planned Community) District, with proffers and to revise proffers, dated March 24, 2008 with final revision date of January 9, 2009, associated with Rezoning 411 -05 for 238.3 acres of land zoned R4, was considered. The properties are located approximately one mile east of Interstate 81 on the south side of Millwood Pike (Route 50 East), across from Sulphur Spring Road (Route 655) and The Ravens Subdivision, in the Shawnee Magisterial District, and are identified by Property Identification Numbers 64 -A -83, 64- A -83A, 64 -A -84, 64 -A -85, 64 -A -86, and 64 -A -87. WHEREAS, the Planning Commission held a public hearing on this rezoning on January 7, 2009; and WHEREAS, the Board of Supervisors held a public hearing on this rezoning on January 28, 2009; and WHEREAS, the Frederick County Board of Supervisors finds the approval of this rezoning to be in the best interest of the public health, safety, welfare, and in conformance with the Comprehensive Policy Plan. NOW, THEREFORE, BE IT ORDAINED, by the Frederick County Board of Supervisors that Chapter 165 of the Frederick County Code, Zoning, is amended to rezone 39.7 acres from the RA (Rural Areas) District to the R4 (Residential Planned Community) District and to revise proffers associated with Rezoning 411 -05 subject to the attached conditions voluntarily proffered in writing by the applicant and the property owner. This ordinance shall be in effect on the date of adoption. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Charles S. DeHaven, Jr. Aye Gary W. Dove Aye Bill M. Ewing Aye Gene E. Fisher Aye Philip A. Lemieux Aye Gary A. Lofton Aye Upon a motion by Supervisor Fisher, seconded by Supervisor Dove, the Board approved the waiver of Section 144 -24 C regarding private streets. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Charles S. DeHaven, Jr. Aye Gary W. Dove Aye Bill M. Ewing Aye Gene E. Fisher Aye Philip A. Lemieux Aye Gary A. Lofton Aye OTHER PLANNING ITEMS APPEAL DECISION OF ZONING AND SUBDIVISION ADMINISTRATOR — MATTHEW CARROLL AND ROGER CARROLL — DECISION OF ZONING AND SUBDIVISION ADMINISTRATOR UPHELD Minute Book Number 34 Board of Supervisors Regular Meeting of 01/28/09 - 224 Zoning and Subdivision Administrator Mark Cheran appeared before the Board regarding this item. He advised this was an appeal of the decision of the Zoning and Subdivision Administrator regarding the interpretation of Chapter 144 Section 17 B (i) of the Frederick County Code. The applicant was cited for construction of a private driveway entrance directly onto a major collector road (Senseny Road, Route 657), as identified and defined by the Comprehensive Plan. The County Code does not allow residential lots to have direct access to major collector roads. This parcel has an approved access to a local road, Winterberry Court. He went on to say this private driveway is located within an 80 foot road efficiency buffer, which is included on the approved master development plan for Oakdale Crossing. Zoning Administrator Cheran advised the Planning Commission at its January 7, 2009 meeting upheld the Zoning Administrator's decision. Chairman Shickle asked if there had been a change in ownership of this property. Zoning Administrator Cheran advised the property had changed hands twice, but the issued certificate of occupancy carries with the property and the applicant was aware of the conditions on that certificate. Matthew Carroll, applicant, advised that he purchased the property, but did not know at the time that they could not use that driveway as an access. He went on to say he had been taken to court on this same issue. He explained this house had a 4,000 -5,000 square foot basement used for storage and this driveway would not be used on an everyday basis. He stated he would like to keep it open for a secondary access. Chairman Shickle stated that Board had made a decision regarding road access and it appeared from the record that the applicant had knowledge of this policy. Mr. Carroll responded that he had learned of this after he had purchased the property. He went on to say that he had spoken with VDOT and they did not appear to have a problem with this. County Attorney Williams advised the original case had been dismissed because the applicant was originally charged with violating the spacing of a driveway on a major collector road. He went on to say that upon review Planning determined the situation was a violation of the Subdivision Ordinance regarding secondary access to a major collector road. Minute Book Number 34 Board of Supervisors Regular Meeting of 01 /28 /09 225 Supervisor DeHaven stated it appears a mistake was made on the original certification of occupancy and the owner was allowed to put up a fence to eliminate the access instead of actually removing it. Upon a motion by Supervisor Fisher, seconded by Supervisor Lemieux, the Board upheld the decision of the Zoning Administrator. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Charles S. DeHaven, Jr. Aye Gary W. Dove Aye Bill M. Ewing Aye Gene E. Fisher Aye Philip A. Lemieux Aye Gary A. Lofton Aye DISCUSSION — CAPITAL IMPROVEMENTS PLAN (CIP) — SENT FORWARD FOR PUBLIC HEARING WITH AMENDMENTS Deputy Director of Planning and Development Michael Ruddy appeared before the Board regarding this item. He advised this was a review of the 2009 -2010 Capital Improvements Plan. The CPPS Executive Committee forwarded this item to the Planning Commission for discussion. The Planning Commission affirmed the Plan is in conformance with the Comprehensive Policy Plan and forwarded it to the Board for discussion. Deputy Director Ruddy noted there were 71 projects on this year's plan, which is an increase over previous years. There are two new transportation projects, two new capital requests for Fire & Rescue, and a category was added under County Administration with an established line item of $200,000 per year for five years, for a total of $1 million. This plan includes the addition of the Regional Airport's taxi -way project in its entirety, totaling $11.85 million. Chairman Shickle felt some of the projects needed to be moved out further into the future because they would not be funded in 2009 -2010. Administrator Riley suggested keeping the transportation projects and the Regional Airport's project in the current year, but bump the other projects out. After further discussion, Chairman Shickle suggested the Board send the plan to public hearing as presented rather than slow down the process by re- prioritizing /scheduling projects. Vice - Chairman Ewing stated he could go along with that suggestion. Upon a motion by Vice - Chairman Ewing, seconded by Supervisor DeHaven, the Board sent the 2009 -2010 Capital Improvements Plan forward for public hearing with the amendment Minute Book Number 34 Board of Supervisors Regular Meeting of 01/28/09 226 to include the entire Winchester Regional Airport taxi -way project and the new line item under County Administration. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Charles S. DeHaven, Jr. Aye Gary W. Dove Aye Bill M. Ewing Aye Gene E. Fisher Aye Philip A. Lemieux Aye Gary A. Lofton Aye BOARD LIAISON REPORTS There were no Board liaison reports. CITIZEN COMMENTS There were no citizen comments. BOARD OF SUPERVISORS COMMENTS Supervisor Fisher advised the citizens that the proposed no excuse absentee voting bill, which just passed the Virginia Senate, would cost Frederick County $175,000 if implemented. He said this is another example of an unfunded mandated being passed down to the locality by the State. 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. (9:43 P.M.) Richard C. Shickle J n Idley, Jr. Chairman, Board of Supervisors Clerk, Board of Supervisors Minutes Prepared By: 4Jay. (��j bib s Deputy Clerk, Board of Supervisors Minute Book Number 34 Board of Supervisors Regular Meeting of 01/28/09