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February 25 2009 Work Session and Regular Meetingp A Worksession of the Frederick County Board of Supervisors was held on Wednesday, February 25, 2009, at 6:00 P.M., in the First Floor Conference Room, County Administration Building, 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. OTHERS PRESENT John R. Riley, Jr., County Administrator; Kris C. Tierney, Assistant County Administrator; Jay E. Tibbs, Deputy County Administrator; Cheryl B. Shiffler, Finance Director; Sharon Kibler, Assistant to the Finance Director; Jennifer Place, Budget Analyst; C. William Orndoff, Jr., Treasurer; Ellen E. Murphy, Commissioner of the Revenue; and Finance Committee member Steve Swiger. CALL TO ORDER Chairman Shickle called the worksession to order. He then turned the meeting over to Administrator Riley. Administrator Riley began by reviewing the materials provided to the Board: - Summary by category of General Fund revenue and comparison to FY 2009. - Line -item by department of General Fund revenue. - Summary by department of General Fund expenditures and comparison to FY 2009. - Line -item detail of General Fund expenditures. - List of vacated positions. - List of outside agency contributions and proposed cuts. - Impact of operating cuts submitted by department and agencies. He went on to say this has been a very challenging budget year, as information and assumption have changed almost daily. The budget assumptions included: - Revenue neutral rate for both real estate and personal property taxes; - State funding based on Governor's proposed budget; and - Local revenue will not further decline beyond the projected $4 million. IIe then reviewed the known information: - General fund includes operating cost reductions equivalent to 15 %; - General fund includes elimination of positions; Minute Book Number 34 Board of Supervisors Budget Worksession/Regular Meeting of 02/25/09 249 Further reductions of $296,427 are needed to balance the General Fund; Funds available in the General Fund for spending decreased a total of $9.3 million; Loss in total General Fund revenue was allocated to the schools at $4.8 million and non - schools at $4.5 million; 1 cent on the real estate tax rate generates approximately $750,000; - 1 cent on the personal property tax rate generates approximately $65,000. Administrator Riley took this time to note that staff discovered that afternoon the revenue shortfall from personal property tax, based on vehicle values, went from $2 million to $4 million. He went on to say if this short-fall had to be made up in cuts, the amount would be shared as follows: $2.7 million schools and $1.3 million General Fund. He noted that a revenue neutral personal property tax rate would increase the existing rate from $4.20 per $100 to $4.90 per $100. He went on to say it was staff's hope that as vehicle values increase then the Board could reduce that rate to eventually bring it back to where we started. Administrator Riley then reviewed the information that was still not known relative to the proposed budget: - State funding levels and full impact of federal stimulus package; - If local revenue will further decline; Exact allocation of further needed reductions in the General Fund; - Budget assumptions are correct and supported by the Board of Supervisors; and - The impact of budgets that were not presented with the requested 15% in cuts. He went on to say the Board could take the tax rate to public hearing on March 25, 2009. After the tax rate is adopted, the Board could hold a public hearing on the budget in the Spring. Administrator Riley noted this proposed budget would allow the county to stand still this year and would give staff time to plan should the economy worsen. Finance Director Shiffler stated the tax rate needed to be adopted in April so tax bills could be mailed. Administrator Riley then reviewed the information staff needed to complete this budget: - If budget assumptions are correct; - Tax and budget adoption timelines. Thirty day notice required on Public hearing if reassessment results in a tax increase. Tax resolution adoption required early to mid - April to generate June tax bills on time. - Impact of the federal stimulus package; and - Impact of reassessment and land use. Minute Book Number 34 Board of Supervisors Budget Worksession /Regular Meeting of 02/25/09 250 Finally, Administrator Riley reviewed proposed revenue enhancements that could possibly off -set some of the shortfall: - Vehicle registration for trailers; - Airplane taxation at a different rate; - Land -use valuation; Fee for Service and other recovered costs, including DUI charges. Administrator - Riley noted Fee for Service should be brought forward by the volunteer companies, if it is to be implemented. - Decal classifications based on weight. Supervisor Dove stated he did not want land use to decrease. He wanted to encourage open land to be put into land use. He noted under the refuse collection budget that the closure of the Greenwood Citizens' convenience site was included. He said that site would not be closed. Supervisor DeHaven stated he did not object to Supervisor Dove's comments, but he thought hours should be limited if it would help save money; however, if the sites are used heavily that should be taken into consideration. Supervisor Ewing concurred. Supervisor Fisher stated the Public Works Committee adamantly opposed closing this site. Supervisor Lemieux agreed. Administrator Riley advised the State was not funding the Detox center this year. Chairman Shickle asked if there was a State mandate to keep the facility open. Administrator Riley advised there was not. Supervisor Fisher stated he believed the hiring freeze should not apply to Social Services, as they are seeing a huge increase in applications, etc. at this time. Vice - Chairman Ewing stated he would like to see a summary sheet of each department's 3000 and up codes. The Board would also like to see a summary sheet of revenue enhancements and estimated revenues from each. Vice Chairman Ewing stated taxes needed to be kept as low as possible. Upon a motion by Vice- Chairman Ewing, seconded by Supervisor Dove, the Board recessed until 7:15 p.m. The above motion was approved by the following recorded vote: Minute Book Number 34 Board of Supervisors Budget Worksession/Begular Meeting of 02/25/09 251 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 REGULAR MEETING - CALL TO ORDER Chairman Shickle convened the regular meeting. INVOCATION Daniel Hesse, Harvesters of Hope, delivered the invocation. PLEDGE OF ALLEGIANCE Vice - Chairman Ewing led the Pledge of Allegiance. ADOPTION OF AGENDA — APPROVED AS AMENDED Administrator Riley offered one addition to the agenda. He added a Resolution in Memoriam of Supervisor Sidney A. Reyes, Gainesboro District, Frederick County, Virginia as item number 1 under county officials. Upon a motion by Supervisor Dove, seconded by Supervisor Lofton, the Board approved the agenda as amended. 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 CONSENT AGENDA - APPROVED Administrator Riley offered the following item for the Board's consideration under the consent agenda: - Parks and Recreation Commission Report; Tab F. Upon a motion by Supervisor DeHaven, seconded by Supervisor Ewing, 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 Minute Book Number 34 Board of Supervisors Budget Worksession /Regular Meeting of 02 /25/09 252 CITIZEN COMMENTS There were no citizen comments. BOARD OF SUPERVISORS COMMENTS Supervisor Lemieux announced Millbrook High School crowned two state champions in the wrestling tournament. They were Derrick Borlie and Jake Crawford. MINUTES - APPROVED A correction to the minutes from the February 10, 2009 budget worksession with the School Board was submitted. Upon a motion by Supervisor Dove, seconded by Supervisor DeHaven, the minutes were approved as corrected. 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 A correction to the minutes from the February 11, 2009 regular meeting was submitted. Upon a motion by Supervisor DeHaven, seconded by Supervisor Dove, the minutes were approved as corrected. 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 Vice - Chairman Ewing, seconded by Supervisor Dove, the Board approved the minutes from the February 18, 2009 budget worksession. 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 Budget Worksession /Regular Meeting of 02/25/09 253 COUNTY OFFICIALS RESOLUTION ( #051 -09) IN MEMORIAM OF SUPERVISOR SIDNEY A REYES, GAINESBORO DISTRICT SUPERVISOR FREDERICK COUNTY VA - APPROVED Upon a motion by Supervisor Dove, seconded by Supervisor Fisher, the Board approved the Resolution in Memoriam for Supervisor Sidney A. Reyes, Gainesboro District Supervisor, Frederick County, VA. WHEREAS, Sidney A. Reyes served the citizens of Frederick County, Virginia, for four (4) years as Gainesboro District representative to the Board of Supervisors; and WHEREAS, during his tenure he held seats on numerous committees, including that of Chairman of the Code & Ordinance Committee from 2000 -2003, member of the Personnel Committee from 2000 & 2001; Fire & Rescue Association liaison from 2000 -2002; Planning Commission liaison from 2000 -2002; and Handley Regional Library Board liaison in 2002; and WHEREAS, Supervisor Reyes was a tireless worker for not only the constituents in his district, but for all of the citizens of Frederick County. NOW, THEREFORE BE IT RESOLVED, that the Frederick County Board of Supervisors extends it deepest sympathy to the family of Sidney A. Reyes. BE IT FURTHER RESOLVED, that this resolution be spread across the minutes of the Frederick County Board of Supervisors and that a true copy of this resolution be presented to his wife and family. ADOPTED this 25 day of February, 2009. 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 ( #046 -09) IN SUPPORT OF CANINE USE IN CRIME PREVENTION IN HONOR OF JOG — EXPLOSIVES DETECTION K -9 — FREDERICK COUNTY SHERIFF'S DEPARTMENT - PRESENTED The Board presented the following resolution to Jog, a retired explosives detection canine, and his handler Deputy John Piccione. WHEREAS, the first official use of canines for police service took place in Ghent, Belgium in the 1890's; and WHEREAS, the Frederick County Sheriff's Department utilizes canines in a variety of capacities including explosives and narcotics detection; and WHEREAS, Jog was purchased by the Frederick County Sheriff's Department to be trained as an Explosives Detection Canine; and WHEREAS, in October 2001, Jog attained his National Certification as an Explosives Detection Dog through the American Society of Canine Trainers and has maintained this Minute Book Number 34 Board of Supervisors Budget Worksession /Regular Meeting of 02/25/09 254 distinction until his retirement on January 31, 2009; and WHEREAS, during his career, Jog has responded to approximately 200 calls ranging from bomb threats and suspicious packages to finding weapons and shell casings at crime scenes and earned a reputation as a dependable, reliable Explosives Detection canine; and WHEREAS, in addition to his regular duties, Jog has protected the citizens and visitors during the Shenandoah Apple Blossom Festival by searching celebrity vehicles and public areas prior to each event, often working 14 hour days; and WHEREAS, Jog has been utilized in surrounding counties and worked with various law enforcement agencies, including FBI, CIA, ATF, and U.S. Marshals to name a few. NOW, THEREFORE BE IT RESOLVED, that the Frederick County Board of Supervisors acknowledges the successful and valuable use of canines in crime prevention and wishes Jog the best in his retirement with kind and humane treatment for the rest of his life in appreciation for the lasting impression he made on everyone who was fortunate enough to have met him and benefited from his service; and, BE IT FURTHER RESOLVED, that a true copy of this resolution be presented to Jog and his Handler, Deputy John Piccione. ADOPTED this 25" day of February, 2009. COMMITTEE APPOINTMENTS REAPPOINTMENT OF MEMBERS TO RUSSELL 150 COMMUNITY DEVELOPMENT AUTHORITY - APPROVED Upon a motion by Supervisor DeHaven, seconded by Supervisor Lofton, the Board reappointed John S. Scully, IV; John Marker; Whit L. Wagner; Allan Hudson; and Frank Brumback to the Russell 150 Community Development Authority appointment, said terms to expire March 1, 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 This is a four year REAPPOINTMENT OF ELIZABETH B FRAVEL AS OPEQU DISTRICT REPRESENTATIVE TO THE HISTORIC RESOURCES ADVISORY BOARD - APPROVED Upon a motion by Vice - Chairman Ewing, seconded by Supervisor Fisher, the Board reappointed Elizabeth B. Fravel as Opequon District representative to the Historic Resources Advisory Board. This is a four year appointment, said term to expire April 26, 2013. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Charles S. DeHaven, Jr. Aye Minute Book Number 34 Board of Supervisors Budget Worksession /Regular Meeting of 02/25/09 255 Gary W. Dove Aye Bill M. Ewing Aye Gene E. Fisher Aye Philip A. Lemieux Aye Gary A. Lofton Aye CHRIS STUBBS NATIONAL PARKS SERVICE TO ADDRESS THE BOARD RE: DRAFT MANAGEMENT PLAN FOR CEDAR CREEK AND BELLE GROVE NATIONAL HISTORIC PARK AND RESOLUTION OF SUPPORT 0047 -09) — APPROVED RESOLUTION OF SUPPORT Chris Stubbs, National Park Service, appeared before the Board to review the draft Cedar Creek and Belle Grove National Historic Park General Management Plan. The General Management Plan is a 20 -year plan for how the park will be managed; desired resource conditions and visitor experiences, and includes an environmental impact statement. He concluded by saying the committee preferred alternative D and he was seeking the Board's endorsement of same. The adopted General Management Plan will be incorporated into the county's Comprehensive Plan. Upon a motion by Supervisor DeHaven, seconded by Supervisor Lemieux, the Board adopted the Resolution of Support for Alternative "D" as described in the Draft General Management Plan for Cedar Creek and Belle Grove National Historical Park. _ WHEREAS, Cedar Creek and Belle Grove National Historical Park was created by Congress in 2002 under Public Law 107 -373 to preserve the historic and natural resources in the Cedar Creek Battlefield and Belle Grove Plantation areas; to interpret the history of the Shenandoah Valley; to work with partners, landowners and communities; and to serve as a focal point within the Shenandoah Valley Battlefields National Historic District; and WHEREAS, Cedar Creek and Belle Grove National Historical Park contains nationally significant historic, natural, cultural, military, and scenic resources and inspiring settings of great natural beauty; and WHEREAS, the National Park Service, the key partners, and the park community partners are charged with planning for and managing Cedar Creek and Belle Grove National Historical Park as a unit of the National Park System for the benefit and enjoyment of future generations; and WHEREAS, a significant portion of the Cedar Creek and Belle Grove National Historical Park lies within Frederick County, Virginia; and WHEREAS, visitors to Cedar Creek and Belle Grove National Historical Park provide important economic benefits to Frederick County and the other surrounding communities; and WHEREAS, the National Park Service, the key partners, the park advisory commission, and other stakeholders have prepared the Draft General Management Plan that provides for the management of Cedar Creek and Belle Grove National Historical Park; and WHEREAS, Alternative D in the Draft General Management Plan provides the highest degree of protection for the important resources within the park and the best opportunities for visitors to understand and enjoy these resources. NOW, THEREFORE, BE IT RESOLVED, that the Board of Supervisors of Frederick Minute Book Number 34 Board of Supervisors Budget Worksession /Regular Meeting of 02/25/09 256 County, Virginia, endorses and supports Alternative D in the Draft General Management Plan and urges the Secretary of the Interior to approve and implement this alternative. ADOPTED this 25` day of February, 2009. 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 (#048-09) AUTHORIZING COUNTY AD TO CONSENT TO TREASURER'S COMPROMISE AND SETTLEMENT OF CERTAIN TAXES - APPROVED Supervisor Lofton stated when this item first came up he felt he did not have enough information regarding this proposal. Since that time, he met with the Treasurer and received additional information and now believes this is a necessary item and he is promoting it now. Upon a motion by Supervisor Lofton, seconded by Supervisor DeHaven, the Board approved the Resolution to Authorize County Administrator to Consent to Treasurer's Compromise and Settlement of Certain Taxes. WHEREAS, Virginia Code §58.1- 3994(B) allows the Treasurer, with the consent of the governing body or its designee, to compromise and settle the amount of any local tax due and payable when the Treasurer determines that the collection of the entire amount due and owing is in substantial doubt and the best interests of the locality will be served by such compromise; WHEREAS, the Board of Supervisors of Frederick County, Virginia finds that delinquent real property taxes, and any applicable sanitary district assessments, for undeveloped lots in the Lake Holiday, Mountain Falls /Wilde Acres, and Shawneeland subdivisions are particular taxes as to which the Treasurer may determine that the collection of entire amounts due and owing for particular accounts are in the substantial doubt and the best interests of the County will be served by compromise and settlement of the same; WHEREAS, the Board of Supervisors of Frederick County, Virginia finds that the appointment of a designee to consent to such compromise and settlement is appropriate and that the County Administrator is the appropriate designee for such purposes; WHEREAS, the Board of Supervisors of Frederick County, Virginia finds that any proposed compromise and settlement of such taxes and assessments may entail consideration of legal issues as to, among other things, the availability and likelihood of success of legal proceedings to collect such taxes and assessments, and therefore the proposed compromise and settlement of such taxes and assessments should also be reviewed by the County Attorney; and WHEREAS, the Board of Supervisors of Frederick County, Virginia finds that the -- County Administrator and the Treasurer should make a periodic report to the Board of Supervisors, no less frequently than every three months, on such compromises and settlements as are accepted. NOW, THEREFORE, BE IT RESOLVED, that, pursuant to Virginia Code §58.1 - 3994(B), the Board of Supervisors of Frederick County, Virginia authorizes the County Attorney to make review of, and the County Administrator to act as its designee for the purpose of Minute Book Number 34 Board of Supervisors Budget Worksession /Regular Meeting of 02/25/09 257 consenting to, offers in compromise and settlement of delinquent real property taxes, and any applicable sanitary district assessments, for undeveloped lots in the Lake Holiday, Mountain Falls /Wilde Acres, and Shawneeland subdivisions as to which the Treasurer may determine that the collection of entire amounts due and owing for particular accounts are in substantial doubt and the best interests of the locality would be served by compromise and settlement of the same; and BE IT FURTHER RESOLVED that the County Administrator and the Treasurer shall make a periodic report to the Board of Supervisors, no less frequently than every three months, on such compromises and settlements as are accepted pursuant to this Resolution. Adopted this 25 day of February, 2009. 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 COMMITTEE REPORTS PARKS AND RECREATION COMMISSION REPORT — APPROVED UNDER CONSENT AGENDA The Parks and Recreation Commission met on February 17, 2009. Members present were: Charles Sandy, Jr., Ronald Madagan, P.W. Hillyard, III, Jeffrey Butler, Patrick Anderson, Gary Longerbeam, and Martin Cybulski. Items Requiring Board of Supervisors Action None. Submitted for Board Information Only 1. Work Program — Mr. Cybulski moved to approve the work program as submitted, second by Mr. Madagan, carried unanimously (7 -0). Standing Committee Reports None. FINANCE COMMITTEE REPORT The Finance Committee met in the First Floor Conference Room at 107 N. Kent Street on Wednesday, February 18, 2009 at 8:00 a.m. Members Stephen Swiger, Richard Shickle, and Charles S. DeHaven, Jr. were absent. There was not a quorum, so items were discussed and forwarded to the Board of Supervisors without a recommendation. 1. The NRADC Superintendent requests a Jail Fund supplemental appropriation in the amount of $150,000 in order to ensure sufficient funds for holiday and overtime pay through the end of the fiscal year. See attached memo, p. 1. — 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 Minute Book Number 34 Board of Supervisors Budget Worksession /Regular Meeting of 02/25/09 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 2. The Landfill Manager requests a Landfill Fund supplemental appropriation in the amount of $11,970.43 This amount represents reimbursement of an insurance claim. See attached memo, p. 2 -5. - Approved Upon a motion by Vice - Chairman Ewing, seconded by Supervisor Dove, 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 3. The Finance Director requests a General Fund supplemental appropriation in the amount of $36,450 This amount represents a carry - forward for the recently completed Fire & Rescue audits which have been invoiced to the county for a two year period with only one year budgeted. - 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 Charles S. DeHaven, Jr Gary W. Dove Bill M. Ewing Gene E. Fisher Philip A. Lemieux Gary A. Lofton Aye Aye Aye Aye Aye Aye Aye ** *Information Only * ** 1. The Finance Director provides a fund balance report. See attached, p. 6. 2. The Registrar provides notification of a possible June 2009 primary election. See attached, p. 7. PLANNING COMMISSION BUSINESS PUBLIC HEARING PUBLIC HEARING - CONDITIONAL USE P ERMIT #09 -08 FOR SHENANDOAH MOBILE COMPANY, FOR A COMMERCIAL TELECOMMUNICATIONS FACILITY. THIS PROPERTY IS LOCATED AT 1203 REDBUD ROAD (ROUTE 661), AND IS IDENTIFIED WITH PROPERTY IDENTIFICATION NUMBER 55- A -129A IN THE STONEWALL MAGISTERIAL DISTRICT. — (RESOLUTION #049 -09) - DENIED "Zoning Administrator Mark Cheran appeared before the Board regarding this item. He advised this item was continued from the November 12, 2008 meeting. The property is located Minute Book Number 34 Board of Supervisors Budget Worksession/Regular Meeting of 02/25/09 259 at 1203 Redbud Road (Route 661) in the Stonewall Magisterial District and is zoned RA (Rural Areas) District. This is an application for a 195 -foot Commercial Telecommunications Facility. The site is located outside of the Urban Development Area, but is within the boundaries of the Northeast Land Use Plan. The Planning Commission recommended approval with the following conditions: 1. All review agency comments and requirements shall be complied with at all times. 2. The tower shall be available for collocating personal wireless service providers. 3. A minor site plan shall be approved by Frederick County. 4. The tower shall be removed by the applicant or property owner within 12 months of abandonment of operation. 5. In the event a telecommunications tower is not erected within 12 months of the approval of this conditional use permit (CUP), the CUP will be deemed invalid. 6. A certified Virginia engineer shall provide verification that the tower is designed and will be constructed in a manner that, should the tower collapse for any reason, the collapsed tower will be contained in an area around the tower, with a radius equal to or lesser than the setback, measured from the center line of the base of the tower. Chairman Shickle advised the Board that he had spoken to the applicant prior to the meeting regarding his presentation. He then cited section 5.4 of the Board's Rules of Procedure which govern applicant presentations. Lynn Rice, Shenandoah Mobile Company, appeared before the Board on behalf of the applicant. IIe began by reviewing a map of the proposed site. He then noted the State said the application had no adverse effects on historic properties in the area. He reviewed the correspondence history between the applicant and the State. Mr. Rice cited the need and benefits of the project. He stated this proposal would fix coverage and capacity issues in the area. The proposed tower would hold a minimum of three wireless service providers. Ile believed the site was consistent with the 2007 Comprehensive Plan. Supervisor Lofton stated he would like some assurance the site would be surrounded by trees for the life of the pole. Mr. Rice responded "tell me what you want around the pole for screening ". Supervisor Lofton stated he wanted assurance of some type of screening, such as living green trees. Mr. Rice stated if the screening was made part of the conditional use permit then the applicant would add additional trees. Minute Book Number 34 Board of Supervisors Budget Worksession/Regular Meeting of 02/25/09 I= Supervisor Lofton stated he would like the applicant to work with a forester to see that the site is screened in perpetuity. Chairman Shickle convened the public hearing. Bill Meier, Stonewall District, advised he was building a house next door to the proposed site. He went on to say that he had been before the Board previously regarding this item. He then cited various sections of the Code of Virginia pertaining to Agricultural and Forestal District. He believed numerous laws were being violated. He went on to say the purpose of these districts was to preserve forest land, not tear it down. He stated the antenna does not belong in the district and he felt it should be located at Millbrook High School. He concluded by saying he felt some of the board members had a conflict of interest in this matter. David Gregg, Stonewall District and property owner, stated his main concern in pursuing this application was to get Internet service for his wife's business and he has been assured by the company this would not be a problem. He went on to say he has his property in a forestal plan and he has no interest in selling it during his lifetime. He stated he had no plans to destroy the woods. Mr. Gregg advised there was a precedent for cell towers in agricultural districts. Bernie Schwartzman, Stonewall District, spoke in favor of the proposed cell tower. He said there was no cable or DSL Internet service in the area. He concluded by saying it was important for everyone to have good cell phone service in order to contact emergency services. Wayne Seipel, Stonewall District, stated there was a very cohesive neighborhood along Red Bud Road and they were looking for something better than dial up Internet. He went on to say if he could be assured this proposal would provide a better connection then he would be 100% for it. He went on to say this was needed in the area, but he thought the area behind Millbrook High School would be the ideal place. Beth Stern, Shenandoah Valley Battlefields Foundation, acknowledged they did receive Shentel's letter and they have been going through the identified resources. She went on to say they were beginning to enter the consultation process. She concluded by saying she was available to provide comments and information. Chairman Shickle closed the public hearing. Supervisor Fisher asked about the sites at Millbrook High School. Mr. Rice advised they did look at that, but they were further south than the proposed site. Chairman Shickle asked about the setback for the tower. Minute Book Number 34 Board of Supervisors Budget Worksession /Regular Meeting of 02/25/09 261 Zoning Administrator Cheran responded that the setback was the height of the tower. Supervisor DeHaven stated he appreciated the hard work everyone put in on this proposal. He stated he saw many resources in the corridor, which were being impacted, this proposal was outside of the growth boundaries, and it violated the Northeast Land Use Plan. He noted the Historic Resources Advisory Board recommended this application be denied. Upon a motion by Supervisor DeHaven, seconded by Supervisor Lemieux, the Board approved the Resolution Denying Conditional Use Permit Application Number 09 -08 of Shenandoah Mobile Company for a Telecommunications Tower Facility on Property Located at 1203 Redbud Road, Tax Parcel Number 55- A -129A, in the Stonewall Magisterial District. WHEREAS, on July 16, 2008, Shenandoah Mobile Company submitted Conditional Use Permit Application Number 09 -08, requesting approval of a Conditional Use Permit (CUP), pursuant to Frederick County Code § 165 -48.6, for a telecommunications tower facility, of 195 feet in height, on property located at 1203 Redbud Road, Tax Parcel Number 55- A -129A (Property), in the Stonewall Magisterial District; WHEREAS, the Planning Commission held a public hearing on this Conditional Use Permit on October 15, 2008; WHEREAS, the Board of Supervisors held a public hearing on this Conditional Use Permit on November 12, 2008 and continued the public hearing on February 25, 2009; WHEREAS, the Property, and all properties adjacent to the Property, are in the Rural Areas (RA) "Zoning District and are currently used for low- density residential purposes or are vacant; WHEREAS, the Board of Supervisors finds the requested use of the Property for a telecommunications tower facility is not in conformance with the Comprehensive Plan, for the following reasons: • The proposed site of the requested use is located outside the County's Sewer and Water Service Area (SWSA) and Urban Development Area (UDA), both of which being areas that the County intends for more intensive forms of development, and therefore the proposed site is subject to protection from such industrial, commercial, and residential development; • The proposed site of the requested use is located within the area encompassed by the Northeast Land Use Plan (NELUP) component of the Comprehensive Plan and the NELUP encourages the preservation and protection of significant historic resources, environmentally - sensitive areas, and open space areas within the area it encompasses; • The NELUP identifies Developmentally Sensitive Areas (DSAs) located proximate to the property, such areas being designated to ensure that their historic resources, areas of steep slopes and mature woodlands, existing residential clusters, and public land uses are protected from future development; • The proposed site of the requested use is located proximate to the historical sites of the Third Battle of Winchester, Hackwood, and Milburn; • The NELUP further provides to ensure that the Historic Resources Advisory Board (HRAB) reviews all development proposals which impact identified DSAs, the HRAB has reviewed the requested use, and the HRAB concluded that the benefits of the requested use, in terms of additional mobile telephone coverage levels as shown Minute Book Number 34 Board or Supervisors Budget Worksession /Regular Meeting of 02125/09 262 in the applicant's coverage map, do not warrant the impact of a telecommunications tower facility on the area's viewshed; • The Virginia Department of Transportation has indicated that the requested use will require the construction of a commercial entrance; and • The requested use would change the character of the area within which it would be located, as the requested use would be inconsistent with rural and historical character of the area, would blight the viewshed of the area, would require a transportation facility incompatible with the area, would not be in keeping with the protection of environmental resources of the area, and have an overall negative impact on the area; WHEREAS, the proposed site of the requested use is located proximate to Redbud Road (Route 661), a designated Virginia Byway, which designation takes into consideration the scenic landscape, historic Civil War battlefields, and environmentally significant nature of the area, and the requested use would be inconsistent with those characteristics; WHEREAS, the proposed site of the requested use is located proximate to the proposed Redbud Trail Greenway, which is intended to emphasize the natural environmental features of the area, with which the requested use would be inconsistent; WHEREAS, the County has traditionally had a higher expectation for land use actions in rural areas, scenic areas, along byways, and proximate to DSAs, so that scenic areas and properties of significant historic values are not negatively impacted, and the requested use does not satisfy that expectation; and WHEREAS, the applicant has not presented sufficient evidence of its efforts to locate or co- locate at a different location or of its need to locate at the Property. NOW, THEREFORE, BE IT RESOLVED that the Frederick County Board of Supervisors denies approval of a Conditional Use Permit (CUP), pursuant to Frederick County Code § 165 -48.6, for a telecommunications tower facility, of 195 feet in height, on property located at 1203 Redbud Road, Tax Parcel Number 55- A -129A (Property), in the Stonewall Magisterial District. Passed this 25th day of February, 2009. Supervisor Lofton stated citizens needed cell coverage and the technology would advance. He understood the concerns about the site, was supportive of the proposal if it enhanced the community. 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 Nay PUBLIC HEARING - STEPHENS CITY JOINT LAND USE PLAN — AN AMENDMENT TO THE 2007 COMPREHENSIVE POLICY PLAN CHAPTER 6, LAND USE, TO UPDATE THE STEPHENS CITY JOINT LAND USE PLAN. THE UPDATE PROVIDES A NEW ORIENTATION TO THE LAND USE DESIGNATIONS OF THE PLAN, INTEGRATES LAND USE AND TRANSPORTATION, AND FURTHER ADDRESSES COMMUNITY INFRASTRUCTURE NEEDS. THIS PLAN CONTINUES TO COVER THE AREA ENCOMPASSED BY THE JOINT ANNEXATION AGREEMENT AND FURTHER IMPLEMENTS THE AGREEMENT. - POSTPONED Minute Book Number 34 Board of Supervisors Budget Worksession/Regular Meeting of 02/25/09 263 PUBLIC HEARING - 2009 -2010 CAPITAL IMPROVEMENTS PLAN (CIP). THE CIP IS A PRIORITIZED LIST OF CAPITAL PROJECTS REQUESTED BY VARIOUS COUNTY DEPARTMENTS AND AGENCIES. THE PLAN IS CREATED AS AN INFORMATION DOCUMENT TO ASSIST IN THE DEVELOPMENT OF THE COUNTY'S ANNUAL BUDGET. IF ADOPTED, THE CIP IS A COMPONENT OF THE COMPREHENSIVE POLICY PLAN. — (RESOLUTION #050 -09) - APPROVED 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 72 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. Finally, the Route 37 project was added as well. He concluded by saying the Planning Commission recommended approval of the Capital Improvements Plan. Chairman Shickle convened the public hearing. There were no citizen comments. Chairman Shickle closed the public hearing. Upon a motion by Vice - Chairman Ewing, seconded by Supervisor DeHaven, the Board approved the 2009 -2010 Capital Improvements Plan (CIP). WHEREAS, the Frederick County Planning Commission held a public hearing on the proposed 2009 -2010 Capital Improvements Plan (CIP) for Frederick County on February 18, 2009; and WHEREAS, the Frederick County Planning Commission recommended approval of this plan at their regular meeting on February 18, 2009 and determined that the projects contained in the Capital Improvements Plan (CIP) conform to the Frederick County Comprehensive Policy Plan; and WHEREAS, the Frederick County Board of Supervisors held a public hearing on this plan during their regular meeting on February 25, 2009; and WHEREAS, the Frederick County Board of Supervisors supports the priorities for capital expenditures contained in the Capital Improvements Plan (CIP) and has determined that the projects contained in the Capital Improvements Plan (CIP) conform to the Frederick County Comprehensive Policy Plan. NOW, THEREFORE, BE IT ORDAINED by the Frederick County Board of Minute Book Number 34 Board of Supervisors Budget Worksession /Regular Meeting of 02/25/09 264 Supervisors as follows: The Frederick County Board of Supervisors hereby approves the 2009 -2010 Capital Improvements Plan (CIP) for Frederick County, Virginia as an element of the Comprehensive Policy Plan. Passed this 25` day of February, 2009 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 David Reynolds, Stonewall District, appeared before the Board representing his child who attends Stonewall Elementary. He advised that he and his family moved here six years ago and received a 50% reduction in his property taxes compared to what he was paying in Pennsylvania. He went on to say when he found out what teachers in Frederick County were being paid he was appalled. Based on current funding cuts, 134 teachers and employees will be cut. He asked the Board to rescind the lack of funding for schools. He concluded by saying it is time for this body to stand up and do what is right for Frederick County. Steve Katz, Opequon District, stated he moved here two years ago because of the school system. He does not mind paying higher taxes. He went on to say we need to take care of the teachers and we need to find a way not to cut the budget. Phil Deck, Opequon District, expressed his concern about the elimination of middle school sports and the cuts to teaching positions and salaries. He went on to say kids need middle school sports and if they are eliminated then kids will get involved with the "wrong crowd ". He stated he was asking/begging the Board to make sure the teachers get only a minimal salary cut. He suggested looking at cutting administrators and cutting the VISTA contract as a means of saving money. Rebecca Watts, Stonewall District, stated she had three children and this was the third time she had come before the Board during the past 11 years. She "beseeched" the Board not to short change the children and asked them to reconsider the revenue neutral tax rate. She concluded by saying money was critical to the school division. Minute Book Number 34 Board of Supervisors Budget Worksession[Regular Meeting of 02/25/09 265 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. (8:56 P.M.) Richard C. Shickle John R�/Riley, r. Chairman, Board of Supervisors Clerk, Board of Supervisors Minutes Prepared By: �(�, C Jay it. 14bbs Deputy Clerk, Board of Supervisors Minute Book Number 34 Board of Supervisors Budget Worksession /Regular Meeting of 02/25/09