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April 22 2009 Regular Meeting316 A Regular Meeting of the Frederick County Board of Supervisors was held on Wednesday, April 22, 2009, at 7:15 P.M., in the Board of Supervisors' Meeting Room, County Administration Building, 107 North Kent Street, Winchester, Virginia. PRESENT Chairman Richard C. Shickle; Vice - Chairman 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 meeting to order. INVOCATION Reverend James Utt, Grace Lutheran Church, delivered the invocation. PLEDGE OF ALLEGIANCE Vice - Chairman Ewing led the Pledge of Allegiance. ADOPTION OF AGENDA — APPROVED AS AMENDED County Administrator John R. Riley, Jr. advised he had one addition to the agenda. He asked the Board to add a Resolution of Support for Economic Development Access Application for Ebert Road as item #5 under County Officials. Upon a motion by Supervisor Dove, seconded by Vice - Chairman Ewing, the Board approved the agenda as amended. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Bill M. Ewing Aye Charles S. DeHaven, Jr. Aye Gary W. Dove Aye Gene E. Fisher Aye Philip A. Lemieux Aye Gary A. Lofton Aye CONSENT AGENDA - APPROVED Administrator Riley offered the following items for the Board's consideration under the consent agenda: - Set Schedule for Board Meetings During Summer Months and for November and December, 2009. — Tab D; r - Departmental Fiscal Year 2009 -2010 Annual Work Programs —Tab G; and - Road Resolution —Tyson Drive — Tab K. Upon a motion by Supervisor DeHaven, seconded by Supervisor Fisher, the Board approved the consent agenda by the following recorded vote: Minute Book Number 34 Board of Supervisors Regular Meeting of 04/22/09 317 Richard C. Shickle Aye Bill M. Ewing Aye Charles S. DeHaven, Jr. Aye Gary W. Dove Aye Gene E. Fisher Aye Philip A. Lemieux Aye Gary A. Lofton Aye CITIZEN COMMENTS There were no citizen comments. BOARD OF SUPERVISORS COMMENTS There were no Board of Supervisors' comments. MINUTES - APPROVED Upon a motion by Supervisor Dove, seconded by Vice - Chairman Ewing, the Board approved the minutes from the April 8, 2009 Regular Meeting. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Bill M. Ewing Aye Charles S. DeHaven, Jr. Aye Gary W. Dove Aye Gene E. Fisher Aye Philip A. Lemieux Aye Gary A. Lofton Aye COUNTY OFFICIALS ADOPTION OF THE FISCAL YEAR 2009 -2010 BUDGET — (RESOLUTION #058 -09) - APPROVED Upon a motion by Vice - Chairman Ewing, seconded by Supervisor Dove, the Board approved the FY 2009 -2010 Budget Resolution. WHEREAS, a notice of public hearing and budget synopsis has been published and a public hearing held on April 8, 2009, in accordance with Title 15.2, Chapter 25, Section 15.2- 2506, of the Code of Virginia, 1950, as amended. THEREFORE, BE IT FURTHER RESOLVED, by the Board of Supervisors of the County of Frederick, Virginia, that the budget for the 2009 -2010 Fiscal Year as advertised in The Winchester Star on March 27, 2009, be hereby approved in the amount of $241,675, 827. WHEREAS, the budget amounts represent the total, less transfers between funds. BE IT FURTHER RESOLVED, that the County of Frederick budget for the 2009 -2010 fiscal year be adopted as follows: General Operating Fund 52,129,537 Regional Jail Fund 17,299,092 Landfill Fund 7,562,982 Division of Court Services Fund 1,423,981 Shawneeland Sanitary District Fund 718,916 Airport Operating Fund 3,159,728 School Operating Fund 131„151,560 School Cafeteria Fund 5,601,270 Minute Book Number 34 Board of Supervisors Regular Meeting of 04/22/09 M School Debt Service Fund 15,315,613 Larrick & Sides Trust Funds 950 School Textbook Fund 2,253,886 NREP Operating Fund 5,028,312 NREP Textbook Fund 30,000 BE IT FURTHER RESOLVED, that appropriations are hereby authorized for the central stores fund, special welfare fund, comprehensive services fund, county health insurance fund, school health insurance fund, consolidated services fund, volunteer service /incentive fund, employee benefits fund, maintenance insurance fund, sales tax fund, commonwealth sales tax fund, unemployment compensation fund, DARE Program, and Forfeited Assets Program equal to the total cash balance on hand at July 1, 2009, plus the total amount of receipts for the fiscal year 2009 -2010. The Fire Company Capital appropriation will include the current year appropriation plus any unused funds at the end of the fiscal year 2009. BE IT FURTHER RESOLVED, that funding for all outstanding encumbrances at June 30, 2009, are re- appropriated to the 2009 -2010 fiscal year to the same department and account for which they are encumbered in the 2008 -2009 fiscal year. BE IT FURTHER RESOLVED, that the construction fund projects will be appropriated as a carry forward in the amount that equals the approved original project cost, less expenditures and encumbrances through June 30, 2009. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Bill M. Ewing Aye Charles S. DeHaven, Jr. Aye Gary W. Dove Aye Gene E. Fisher Aye Philip A. Lemieux Aye Gary A. Lorton Aye COMMITTEE APPOINTMENTS REAPPOINTMENT OF JOHN R. RILEY, JR. AS COUNTY REPRESENTATIVE TO THE OLD DOMINION ASAP POLICY BOARD - APPROVED Upon a motion by Vice - Chairman Ewing, seconded by Supervisor Fisher, the Board reappointed John R. Riley, Jr. as Frederick County representative to the Old Dominion ASAP Policy Board. This is a three year appointment, said term to expire June 30, 2012. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Bill M. Ewing Aye Charles S. DeHaven, Jr. Aye Gary W. Dove Aye Gene E. Fisher Aye Philip A. Lemieux Aye Gary A. Lofton Aye SET SCHEDULE FOR BOARD MEETINGS DURING SUMMER MONTHS AND FOR NOVEMBER AND DECEMBER, 2009 — APPROVED UNDER CONSENT AGENDA The Board, in the past, has canceled meetings during the summer months due to vacation schedules; therefore, staff requested cancelation of the July 8, 2009, August 26, 2009, and Minute Book Number 34 Board of Supervisors Regular Meeting of 04/22/09 319 October 28, 2009 meetings. In addition, it was suggested the Board set the schedule of meetings for November and December. Staff recommended scheduling the November meeting for Wednesday, November 18, 2009 and cancellation of the December 23, 2009 meeting. Board action was being sought in order to give staff and the Department of Planning and Development ample time for scheduling, advertising, and notification purposes. This item was approved under the consent agenda. REQUEST FROM THE COMMISSIONER OF THE REVENUE FOR REFUNDS - APPROVED Administrator Riley advised the Commissioner of the Revenue requested the following refunds: Green Village Concrete, Inc. in the amount of $2,862.42; and Richmond American Homes of VA in the amount of $47,088.86. The County Attorney has reviewed same and indicated the refunds appear to be justified. Upon a motion by Supervisor DeHaven, seconded by Supervisor Lofton, the Board approved the refund request. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Bill M. Ewing Aye Charles S. DeHaven, Jr. Aye Gary W. Dove Aye Gene E. Fisher Aye Philip A. Lemieux Aye Gary A. Lofton Aye RESOLUTION ( #061 -09) OF SUPPORT FOR ECONOMIC DEVELOPMENT ACCESS APPLICATION FOR EBERT ROAD - APPRO Administrator Riley advised this was a resolution of support for Carroll Industrial Park's application for Economic Development Access funds. Based on approved road plans, it is estimated that $640,506.75 will be required to complete the work. The maximum award for an economic development access road is $300,000; however, the State will fund an additional $150,000 if that amount is matched dollar - for - dollar from sources other than the Department of Transportation. The owners of Carroll Industrial Park are willing to post a surety bond in the amount of $190,506.75. Winchester- Frederick County Economic Development Commission Executive Director Patrick Barker advised there would be no funds committed by Frederick County. Minute Book Number 34 Board of Supervisors Regular Meeting of 04/22/09 320 Upon a motion by Supervisor DeHaven, seconded by Supervisor Lofton, the Board approved the Resolution of Support — Economic Development Access Road Funds — Carroll Industrial Park & Ebert Road (State Route 837). WHEREAS, the Frederick County Board of Supervisors desires to facilitate the industrial development of property located in Frederick County; and WHEREAS, this property is expected to be the site of new private capital investment in land, building, and manufacturing equipment which will provide substantial employment; and WHEREAS, the existing public road network does not provide for adequate access to this property and it is deemed necessary that improvements be made to Ebert Road (Route 837); and WHEREAS, Frederick County hereby guarantees that the necessary environmental analysis, mitigation, and fee simple right of way for this improvement and utility relocations or adjustments, if necessary, will be provided at no cost to the Economic Development Access Fund; and WHEREAS, Frederick County acknowledges that the State Environmental Review Process (SERP) must be completed prior to any construction activity on this project as a condition of the use of the Economic Development Access Fund; and WHEREAS, Frederick County hereby guarantees that all ineligible project costs and all costs not justified by eligible capital outlay will be provided from sources other than those administered by the Virginia Department of Transportation. NOW, THEREFORE, BE IT RESOLVED THAT: The Frederick County Board of Supervisors hereby requests that the Commonwealth Transportation Board provide Economic Development Access Program funding to provide an adequate road to this property; and BE IT FURTHER RESOLVED THAT: Frederick County hereby agrees to provide a surety or bond, acceptable to and payable to the Virginia Department of Transportation, in the full amount of the cost of the road; this surety shall be exercised by the Department of Transportation in the event that sufficient qualifying capital investment does not occur on parcels 43 -21 -1, 43 -21 -2, 43 -21 -3, 43 -21 -4 , 43 -21 -5, 43 -21 -6, 43 -21 -7, 43 -21 -8 and 43 -21 -9 , within five years of the Commonwealth Transportation Board's allocation of funds pursuant to this request. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Bill M. Ewing Aye Charles S. DeHaven, Jr. Aye Gary W. Dove Aye Gene E. Fisher Aye Philip A. Lemieux Aye Gary A. Lofton Aye COMMITTEE REPORTS FINANCE COMMITTEE - APPROVED The Finance Committee met in the First Floor Conference Room at 107 North Kent Street on Wednesday, April 15, 2009 at 8:00 a.m. Items 2, 4, 5, 6, 7, and 8 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: Minute Book Number 34 Board of Supervisors Regular Meeting of 04/22/09 1321 Richard C. Shickle Aye Bill M. Ewing Aye Charles S. DeHaven, Jr. Aye Gary W. Dove Aye Gene E. Fisher Aye Philip A. Lemieux Aye Gary A. Lofton Aye 1. The School Finance Director requests a reclassification of funds due to reduced lottery funds. See attached memo, p. 1. The committee recommends approval. — 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 Bill M. Ewing Aye Charles S. DeHaven, Jr. Aye Gary W. Dove Aye Gene E. Fisher Aye Philip A. Lemieux Aye Gary A. Lofton Aye 2. The CSU Director requests a General Fund budget transfer in the amount of $17,902. This amount represents funds needed to cover expenses through the end of the fiscal year. A majority of the transfer is from personnel and fringe line items which require committee approval. See attached, p. 2. — Approved Under Consent Agenda 3. The Registrar requests a General Fund supplemental appropriation in the amount of $22,844 for the June 9 th primary elections. See attached, p. 3 -4. 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 Bill M. Ewing Aye Charles S. DeHaven, Jr. Aye Gary W. Dove Aye Gene E. Fisher Aye Philip A. Lemieux Aye Gary A. Lofton Aye 4. The Winchester Regional Airport Director requests an Airport Fund supplemental qppropriation in the amount of $7,642.32 This amount represents an automobile insurance claim. See attached information, p. 5. — Approved Under Consent Agenda 5. The Sheriff requests a General Fund supplemental appropriation in the amount of $ 5,637.42. This amount represents an automobile insurance claim. See attached, p. 6. — Approved Under Consent Agenda 6. The Sheriff requests a General Fund supplemental appropriation in the amount of $4,363 This amount represents a fundraiser and donations to the DARE program. See attached memo, p. 7. — Approved Under Consent Agenda 7. The Sheriff requests a General Fund supplemental appropriation in the amount of 200. 'These funds were donated to the department. See attached memo, p. 8. — Approved Under Consent Agenda Minute Book Number 34 Board of Supervisors Regular Meeting of 04/22/09 322 8. The Sheriff requests a General Fund supplemental appropriation in the amount of $ 12,951.93. This amount represents State and Federal forfeited assets funds. See attached memo, p. 9. — Approved Under Consent Agenda 9. The Finance Director requests discussion on the format of the budget resolution. The committee recommends the resolution be prepared by fund with monthly transfer reports provided. - Approved Upon a motion by Vice - Chairman Ewing, seconded by Supervisor Dove, the Board approved supplying the Board with monthly transfer reports. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Bill M. Ewing Aye Charles S. DeHaven, Jr. Aye Gary W. Dove Aye Gene E. Fisher Aye Philip A. Lemieux Aye Gary A. Lofton Aye ** *Information Only * ** 1. The Finance Director provides a fund balance report. See attached, p. 10. 2. NW Works sends a letter of thanks for support of the 2008 Festival of Lights held at Clearbrook Park. See attached letter, P. 11. 3. The Metropolitan Washington Ear sends a letter of appreciation for the contribution from the County. See attached letter, p. 12. ANNUAL REPORTS DEPARTMENTAL FISCAL YEAR 2009 -2010 ANNUAL WORK PROGRAMS (FOR INFORMATION ONLY.) — APPROVED UNDER CONSENT AGENDA The Departmental Annual Work Programs were submitted for information. The reports directly reflect the goals and objectives set out in the proposed Fiscal Year 2009 -2010 budget. PUBLIC HEARING PUBLIC HEARING - OUTDOOR FESTIVAL PERMIT REOUEST OF SCOTT MCLAIN, HEYBRO PRODUCTIONS, LLC — CAMP BAREFOOT 3. PURSUANT TO THE FREDERICK COUNTY CODE, CHAPTER 86, FESTIVALS; SECTION 86 -3 C, PERMIT REQUIRED; APPLICATION; ISSUANCE OR DENIAL; FOR AN OUTDOOR FESTIVAL PERMIT. FESTIVAL TO BE HELD ON THURSDAY - SATURDAY AUGUST 13 -15 2009 ON THE GROUNDS OF THE COVE CAMPGROUND, 980 COVE ROAD, GORE, VIRGINIA. PROPERTY OWNED BY WILLIS AND DANIEL MCDOWELL. — APPROVED WITH CONDITIONS Administrator Riley advised this was an application for an Outdoor Festival Permit for by Scott McLain, Promoter, and Hey -bro Productions for Camp Barefoot 3, to be held August 13- 15, 2009 at the Cove Campground, 980 Cove Road, in Gore, VA. The expected attendance for this event is 2,000 people and the applicant states in his application that the number of tickets Minute Book Number 34 Board of Supervisors Regular Meeting of 04/22/09 323 will not exceed 2,000. He concluded by saying the applicant was present to answer any questions the Board might have. Scott McLain, Hey -bro Productions, advised they had put on a similar event two years ago. Supervisor Lofton asked if there had been any type of public notice provided to the neighboring property owners in the area. Mr. McLain responded no. He went on to say they were supporting a non - profit group Soles -4 -Souls and that most of his company's events were fund raisers. He concluded by saying they had applied for a business license. Supervisor Lofton asked if they would have adequate fire and rescue services. Mr. McLain responded they were working with the owners of the campground and the local fire and rescue company. He went on to say they would have art ambulance on site. Supervisor Lofton stated noise would be a concern and he asked if there would be someone there to regulate noise. Mr. McLain responded they would have decibel readers on site and the volume would be turned down if there were complaints. He went on to say they would also have private security on site. Supervisor Lofton stated that he wanted the applicant make sure they had a point of contact with the Sheriff's Department. Chairman Shickle convened the public hearing. There were no public comments. Chairman Shickle closed the public hearing. Upon a motion by Supervisor Lofton, seconded by Supervisor Dove, the Board approved the outdoor festival permit application with the following conditions: - All issues raised by the County Attorney are to be addressed; - A point of contact must be established with the Sheriff's Department; and - A point of contact must be established with the Fire and Rescue Department. The above motion was approved by the following recorded vote: Richard C. Shickle Bill M. Ewing Charles S. DeHaven, Jr. Gary W. Dove Gene E. Fisher Philip A. Lemieux Aye Aye Aye Aye Aye Aye Minute Book Number 34 Board of Supervisors Regular Meeting of 04/22/09 324 Gary A. Lofton Aye PLANNING COMMISSION BUSINESS: PUBLIC HEARING - REZONING #01 -09 OF SILVER LAKE LLC SUBMITTED BY GREENWAY ENGINEERING TO REZONE 238.96 ACRES FROM RA (RUR AREAS) DISTRICT TO B2 (GENERAL BUSINESS DISTRICT AND 13 1.06 ACRES FROM RA DISTRICT TO MS (MEDICAL SU PPORT) DISTR WITH PROFFERS FOR COMMERCIAL AND CONTINUING CARE RE TIREMENT COMMUNITY (CCRC) USES THE P ROPERTI ES ARE LOCA ON THE NORTH SIDE OF NORTHWESTER PIKE (ROUTE 50 WEST ), WEST OF RETAIL BOULEVARD AND EAST OF POORHOUSE ROAD (ROUTE 654) AND ARE IDENTIFIED BY PROPERTY IDENTIFICATION NUMBERS 52-A-C. 52 -A -50 52 -A -50A 52 -A -52 AND 52 -A -63 IN THE GAINESBORO MAGISTERIAL DISTRICT. - APPROVED Deputy Planning Director Michael Ruddy appeared before the Board regarding this item. He advised this was a request to rezone a total of 370 acres, 239 from RA (Rural Areas) District to B2 (General Business) District and 131 acres from RA (Rural Areas) District to MS (Medical Support) District. The property is located in the Gainesboro District. Deputy Director Ruddy went on to say this is a large, complicated project, and is good for the county. He noted the most current proffer statement dated March 20, 2009 was included in the Board' s agenda packet and addressed the comments provided by the Planning Commission, County Attorney, and others. He went on to say this project was generally consistent with the Comprehensive Policy Plan as well as the Round Hill Land Use Plan. The applicant has proffered a generalized development plan, a monetary contribution of $1 million to construct a new fire and rescue facility or renovate the existing facility. Deputy Director Ruddy concluded by saying the Planning Commission reviewed the application, believed the issues had been adequately addressed, and recommended approval of this rezoning request. Evan Wyatt, Greenway Engineering, appeared before the Board on behalf of the applicant. lie reviewed the proffered Generalized Development Plan and the transportation proffers, which included: - Phased Improvement Plan; - Commercial Development Caps until all phased improvements are complete; - New traffic signalization in three locations; - Route 50 median crossing; - Route 50 mainline improvements; - Route 37 ramp improvements; - Additional Route 50 westbound through lane under Route 37 bridge; - Monetary value of Route 37 regional improvements; - Relocation of Poorhouse Road. The total value of transportation improvements will be $14.11 million. Of that amount, $6.85 million will be for regional transportation improvements. Minute Book Number 34 Board of Supervisors Regular Meeting of 04122/09 1325 With regard to public water and sewer, Mr. Wyatt advised the applicant worked with Frederick County Sanitation Authority and would provide the following: - 12 -inch water lines to accommodate future growth; - Water storage tank; - Easements along Route 50 frontage; - Easements along commercial property. In addition, the applicant has proffered the following design principles to conform to the Comprehensive Plan: - Street trees; - Monument business signs; - Pedestrian signals; - Inter- parcel connectors; - No commercial entrances on Route 50; - Additional evergreen plantings in buffer areas; - 50 -foot landscape strip along Route 50; - 10 -foot asphalt trail along Route 50. Mr. Wyatt noted at build out this project could result in $32 million per year in revenue to the county. He went on to say the National Lutheran Home would break ground in March 2010 with occupancy by 2012. He concluded by saying the timeline for the commercial component was unknown, as this portion was market driven. Chairman Shickle asked if the water tank had been proffered or just discussed with the Sanitation Authority. Mr. Wyatt responded the tank was not proffered. It would be handled through an agreement between the applicant and FCSA because the Sanitation Authority wanted additional storage and capacity. He concluded by saying the applicant would install the infrastructure and the Authority would reimburse them. Chairman Shickle convened the public hearing. Elwood Patterson, President of Round Hill Community Fire Company, asked if the 3 to 4 acre parcel of land proffered by the development would be deeded to the company or the county. In addition, he wanted to know if the $1,000,000 contribution would go to the company and could they expect a check in three to five years? Don Jackson, Chief of Gainesboro Fire Company, stated he did not understand how the proffers changed and he thought the land and money would be proffered to the company in the area. He went on to say the association had a good relationship with Mr. Riley and Chief Welsh, but they companies were at a loss as to which way to go on this proffer issue. Minute Book Number 34 Board of Supervisors Regular Meeting of 04/22/09 326 Chester Lauck, Chief of Round Hill Community Fire Company, stated this was a very generous offer for fire and rescue, but he had some questions. He stated the companies needed direction regarding what to expect. He went on to say if we remodel the existing building then the money needs to be available. He concluded by asking at what point does it revert back to the county. Mike Cline, Gainesboro District and President of the Fire and Rescue Association, stated this all sounded nice and this was a great application; however, he was concerned how the proffer distribution would come down. He concluded by saying the companies need clarification. There being no further comments, Chairman Shickle closed the public hearing. In response to the questions about proffers, Chairman Shickle stated they would be handled in a cooperative manner. Supervisor Dove stated this was a great project and he was grateful to have a local developer willing to go beyond to make this a great project. He cited the amount of tax revenue that would be recognized at project build out. Upon a motion by Supervisor Dove, seconded by Supervisor Lofton, the Board approved Rezoning #01 -09. WHEREAS, Rezoning #01 -09 of Silver Lake, submitted by Greenway Engineering, to rezone 238.96 acres from RA (Rural Areas) District to B2 (General Business) District, and 131.06 acres from RA District to MS (Medical Support) District, with proffers, for Commercial and Continuing Care Retirement Community (CCRC) Uses was considered. The properties are located on the north side of Northwestern Pike (Route 50 West), west of Retail Boulevard and east of Poor House Road (Route 654), in the Gainesboro Magisterial District and are identified by Property Identification Numbers 52 -A -C, 52 -A -50, 52- A -50A, 52 -A -52, and 52 -A -63. WHEREAS, the Planning Commission held a public hearing on this rezoning on March 18, 2009; and WHEREAS, the Board of Supervisors held a public hearing on this rezoning on April 22, 2009; and WHEREAS, the Frederick County Board of Supervisors finds the approval of this rezoning to be 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 238.96 acres from RA (Rural Areas) District to B2 (General Business) District and 131.06 acres from RA District to MS (Medical Support) District, with proffers for Commercial and Continuing Care Retirement Community (CCRC) Uses. The conditions voluntarily proffered in writing by the applicant and the property owner are attached. This ordinance shall be in effect on the date of adoption. Passed this 22 day of April, 2009 by the following recorded vote: Minute Book Number 34 Board or Supervisors Regular Meeting of 04/22/09 327 Richard C. Shickle Aye Bill M. Ewing Aye Charles S. DeHaven, Jr. Aye Gary W. Dove Aye Gene E. Fisher Aye Philip A. Lemieux Aye Gary A. Lofton Aye PUBLIC HEARING - RURAL AREAS REPORT AND RECOMMENDATION. CONSIDERATION TO ADOPT THE REPORT AND RECOMMENDATION OF THE RURAL AREAS SUBCOMMITTEE AS A POLICY COMPONENT OF THE COUNTY'S COMPREHENSIVE POLICY PLAN. THIS POLICY WOULD APPLY TO THE RURAL AREAS OF THE COUNTY, AND OTHER ADDITIONAL POLICY DIRECTIVES TO: ENHANCE THE AGRICULTURAL ECONOMY; PRESERVE THE VIEWSHED AND RURAL LANDSCAPE; PRESERVE THE COMMUNITY'S RURAL CHARACTER; AND LESSEN THE DEMANDS FOR COUNTY SERVICES. SOME OF THE POLICY DIRECTIVES INCLUDE THE FURTHER ENHANCEMENT OF HEALTH SYSTEM REQUIREMENTS AND THE ESTABLISHMENT OF A TRANSFER OF DEVELOPMENT RIGHTS (TDR) PROGRAM. THE RECOMMENDED POLICY DOES NOT AFFECT THE EXISTING RESIDENTIAL DENSITY RIGHTS OF PROPERTY OWNERS. — (RESOLUTION #059 -09) - APPROVED Director of Planning and Development Eric Lawrence appeared before the Board regarding this item. He explained that for the past nine months the Rural Areas Subcommittee reviewed the rural areas of the county. The Subcommittee was charged with: - Identifying growth and development trends and related issues in the rural areas of the county; - Gathering ideas to address those issues; and - Forwarding a recommendation for resolution to the Board of Supervisors. The Subcommittee identified five issues to be considered in evaluating the rural areas: - Relationship between the Rural Areas and UDA; - Agricultural Economy; - Land Development and Design; - Community Services and Facilities; - Transportation. Director Lawrence noted there currently exist 14 State - enabled tools for managing growth in the rural areas and the County is using some of them already. He then presented the subcommittee's recommendations: - Maintain current minimum lot size of two acres of Rural Preservation Subdivisions; - Increase Rural Preservation Tract size from 40% to 60 %; - Clarify that the Preservation Tract counts towards overall density; - Implement a Transfer of Development Rights (TDR) Program; - Continue to pursue state and federal grants to fund a Purchase of Development Rights Program. - Enhance health system requirements o Increase reserve drainfield area requirements from 50% to 100 %; o Cease to allow Provisional or Experimental System. Approvals; o Cease to allow private, on -site residential discharge systems; o Require Board approval for Pump- and -Haul systems. o Support continued study of: ■ Operation and maintenance requirements; Minute Book Number 34 Board of Supervisors Regular Meeting of 04/22/09 328 • Well separation distance requirements; • Community systems in the Rural Community Centers. Director Lawrence concluded by saying the Planning Commission recommended this report and recommendations be adopted as a component of the 2007 Comprehensive Policy Plan. Supervisor Dove stated a comment should be included regarding the State now allowing alternate systems. Chairman Shickle convened the public hearing. Patrick Felling, Redbud District and representative of the Potomac Conservancy, read the following statement: "Potomac Conservancy commends the significant effort put forth by the members of the Rural Areas subcommittee, and Eric Lawrence and his staff in developing the Rural Areas Report and Recommendation. Earlier this month, the Planning Commission also offered insightful comments as they reviewed the recommendations of the committee. The rural areas of Frederick County are valuable for agriculture and timber production, watershed resources and other environmental benefits. Unmanaged growth in the rural areas is both costly to county residents and harmful to our resources. There are two areas of the Report that I would like to comment on this evening. First, I applaud the recommendation to emphasize use of Rural Preservation Lots. If residential developments must occur in the rural areas, clustering the houses together in order to preserve large parcels for open space is a much more efficient use of the land. There is some concern that the 2 -acre minimum lot size will have the unintended consequence of discouraging the Rural Preservation Lots. When the preservation option is not used, the alternative may be 5 -acre lots sprawled through the countryside. It is important that the Rural Preservation Lot program be heavily used 1 am also encouraged by the recommendation to create a Transfer of Development Rights (TDR) program. It is certainly worthwhile to create a privately funded market that pays farmers for the development value of their land, while directing residential growth to areas that are better suited to accommodate it. A TDR program will complement the county's existing Purchase of Development Rights (PDR) program which has recently picked up steam. These easement programs (along with donated easements) are the most sure -fire method of achieving long -term preservation of key rural lands. I ask the Board of Supervisors to increase the prevalence of Rural Preservation Lots, either by requiring them, or by making some minor changes that will achieve the intended result of preserving large parcels. I also ask the Board of Supervisors to approve the creation of a TDR program in the county that will effectively preserve high -value rural lands while providing compensation to rural landowners that choose not to intensely develop their land. Thank you for the opportunity to offer my comments this evening. " Wendy Wright, Frederick County Farm Bureau, thanked the Board and the subcommittee for their work, for listening, and encouraging community involvement. She concluded by saying the Transfer of Development Rights program is important. There being no further comments, Chairman Shickle closed the public hearing. Minute Book Number 34 Board of Supervisors Regular Meeting of 04/22/09 329 Upon a motion by Supervisor DeHaven, seconded by Supervisor Fisher, the Board adopted that amendment to the Frederick County 2007 Comprehensive Policy Plan — Supplemental Report — Rural Areas Report and Recommendation. WHEREAS, an amendment to The Frederick County 2007 Comprehensive Policy Plan, Supplemental Report — Rural Areas Report and Recommendation offers recommendations to enhance the rural areas of the County, recommending enhancements pertaining to on -site health system installation and maintenance requirements, rural preservation subdivision requirements, and establishment of a Transfer of Development Right (TDR) ordinance. This report and recommendation was drafted by the Board of Supervisors' appointed Rural Areas Subcommittee, and reviewed by the Planning Commission and the Board of Supervisors; and WHEREAS, the Rural Areas Subcommittee held a public meeting on this Comprehensive Policy Plan amendment on February 5, 2009; and WHEREAS, the Planning Commission held a public hearing on this Comprehensive Policy Plan amendment on April 1, 2009; and WHEREAS, the Board of Supervisors held a public hearing on this Comprehensive Policy Plan amendment on April 22, 2009; and WHEREAS, the Board of Supervisors' approval has incorporated this report as a component of the Frederick County 2007 Comprehensive Policy Plan; and WHEREAS, the Board of Supervisors wishes to implement the recommendations of the Rural Areas Report and Recommendations, and so directs staff to initiate reflective draft amendments to the Frederick County Code; and WHEREAS, the Frederick County Board of Supervisors finds the adoption of this Comprehensive Policy Plan amendment, to be in the best interest of the public health, safety, welfare, and in good planning practice. NOW, THEREFORE, BE IT ORDAINED, by the Frederick County Board of Supervisors that the Frederick County 2007 Comprehensive Policy Plan is amended to include the Rural Areas Report and Recommendation. This policy shall be in effect on the day of adoption. Passed this 22 " day of April, 2009 by the following recorded vote: Richard C. Shickle Aye Bill M. Ewing Aye Charles S. DeHaven, Jr. Aye Gary W. Dove Aye Gene E. Fisher Aye Philip A. Lemieux Aye Gary A. Lofton Aye OTHER PLANNING ITEMS: ROAD RESOLUTION ( #060 -09) — TYSON DRIVE — APPROVED UNDER CONSENT AGENDA The Board of Supervisors of Frederick County, in regular :meeting on the 22 day of April, 2009, adopted the following: Minute Book Number 34 Board of Supervisors Regular Meeting of 04/22/09 330 WHEREAS, the street described on the attached Form AM -4.3, fully incorporated herein by reference are shown on plats recorded in the Clerk's Office of the Circuit Court of Frederick County; and WHEREAS, the Resident Engineer of the Virginia Department of Transportation has advised this Board that the streets meet the requirements established by the Subdivision Street Requirements of the Virginia Department of Transportation; and WHEREAS, the County and the Virginia Department of Transportation have entered into an agreement on June 9, 1993, for comprehensive stormwater detention which applies to this request for addition; and NOW, THEREFORE, BE IT RESOLVED, this Board requests the Virginia Department of Transportation to add the streets described in the attached Form AM -4.3 to the secondary system of state highway pursuant to 33.1 -229, Code of Virginia, and the Department's Subdivision Street Requirements and BE IT FURTHER RESOLVED, this Board guarantees a clear and unrestricted right -of- way, as described, and any necessary easements for cuts, fills and drainage; and BE IT FURTHER RESOLVED, that a certified copy of this resolution be forwarded to the Resident Engineer for the Virginia Department of Transportation. This item was approved under the consent agenda. BOARD LIAISON REPORTS There were no Board liaison reports. CITIZEN COMMENTS Beth Shalap, Back Creek District, appeared before the Board and read the following statement: "Good Evening: My name is Beth Shalap and I am a resident of Mt. Falls Park. I am here out of concern for my family and all the families who resident in Mt. Falls Park. You may or may not be aware but Mt. Falls Park has only one way in and out. In the last 12 months there have been 3 separate house fires within Mt. Falls Park and the homes have completely burned to the ground. In the past, there have also been numerous other fires as well. I feel that it is only because of the selfless, dedicated, hard work of the local fire departments that they have been able to contain the fires and have kept them from spreading to other homes and the surrounding forest. Based on data provided from the Frederick County GIS Department, there have been 476 addresses issued in Mt. Falls Park. If you estimate 2 persons per household that means we have approximately 950 residents. If you use the Census Bureau average of 2.63persons per household, that number would jump to approximately 1250. A large portion of'this subdivision burned 25 years ago. I do not think it is an exaggeration or understatement to say that if a similar fire were to occur today on this mountain; with only one way in and out, the potential loss of life could be staggering. 50 years ago when our subdivision was designed, it was intended to be used as a campground. Today that is not the case. Although the building boom is over, all you have to do is drive down most streets and you will find some level of construction at varying stages. There are approximately 2100 lots in Mi. Falls Park so it is safe to say that the population of Mt, Falls will only continue to grow over the coming decades. Minute Book Number 34 Board of Supervisors Regular Meeting of 04/22/09 331- Therefore, I am here to request that you take whatever action is necessary to provide our subdivision with two emergency exits. I would like to see, one additional exit for each side of the subdivision. If this can be resolved amicably with adjacent landowners; then that is what would be preferred. If not, I would like to request that you DO NOT rule out the possibility of the use of Eminent Domain laws. A related issue that I am concerned with is the dry hydrant within Mt. Falls Park. It is supposed to be able to be used in the event of afire emergency but it is not functional. I would like to request that you take action to ensure that repairs are immediately made. A separate issue I am deeply concerned about is the number of speed bumps within Mt. Falls Park. If I had afire or medical emergency today and had to call 911, the local fire department would take the most direct route to get to my home. In doing so, they would have to cross 10 speed bumps which would significantly delay their response time. In my opinion, this is EXTREMELY EXCESSIVE. Last year at my request; Fire Chief, Josh Taylor, of the North Mountain Fire and Rescue Department came to one of our Board of Governors' Meetings and gave them his unbiased opinion. He informed them that the speed bumps do cause a delay in response time. Our Board of Governors' did not remove any of the speed bumps. In fact; since that meeting, they have installed many more throughout the subdivision. 1 have tried to work with the Mt. Falls Board of Governors' on both the matter of emergency exits and the speed bumps but we seem to be at an impasse. That is why I am here today in the hopes that you can help bring these mailers to a resolution to make it safer for the residents of' Mt. Falls Park. Thank you for your time. " BOARD OF SUPERVISORS COMMENTS Supervisor Lofton commended Charles Ghon Caswell for earning the rank of Eagle Scout. His project was to refurbish the brick walkway at Museum of the Shenandoah Valley located on Amherst Street. Supervisor Lofton advised he attended the Postal Service public hearing regarding the relocation of Winchester's mail processing facility to Dulles. He said the Board had received a copy of a letter from Congressman Wolf expressing his opposition to the proposed consolidation. He said he would like the Board to also go on record opposing this consolidation. Chairman Shickle advised that he also attended the hearing and spoke in opposition to this proposal on behalf of the Board. Upon a motion by Supervisor Lofton, seconded by Supervisor DeHaven, the Board authorized a resolution opposing the proposal to move Winchester's mail processing facility to Dulles, VA. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Bill M. Ewing Aye Charles S. DeHaven, Jr. Aye Gary W. Dove Aye Gene E. Fisher Aye Minute Book Number 34 Board of Supervisors Regular Meeting of 04/22/09 332 Philip A. Lemieux Aye Gary A. Lofton Aye Supervisor Fisher thanked the Rural Areas Study Committee for their work and expressed his appreciation of Chairman Shickle's efforts in this project. Chairman Shickle thanked the subcommittee members, staff, and citizens for their participation in this process. Supervisor Lofton stated he appreciated Ms. Shalap's concerns and presentation and he offered to work with her on the concerns expressed. Supervisor Lemieux advised the Winchester- Frederick County Convention and Visitors' Bureau received an award yesterday recognizing them as the number one CVB in the State. He commended Ms. Wills for her work and stated the bureau does a great job with little funding. 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. (8:44 P.M.) pit Richard C. Shickle Jo iley, Jr. Chairman, Board of Supervisors k, Board of Supervisors Minutes Prepared By: Jay E.MW10s Deputy CYerk, Board of Supervisors Minute Book Number 34 Board of Supervisors Regular Meeting of 04/22/09