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December 17, 2002 Regular Meeting 360 A Regular Meeting ofthe Frederick County Board of Supervisors was held on December 17, 2002, (moved due to snowstorm on December 12) at 5:00 P. M., in the Board of Supervisors' Meeting Room, County Administration Building, 107 North Kent Street, Winchester, Virginia.. PRESENT Chairman Richard C. Shickle; Vice Chairman W. Harrington Smith, Jr.; Robert M. Sager; Margaret B. Douglas; Sidney A. Reyes; Gina A. Forrester; and Lynda 1. Tyler. CALL TO ORDER Chairman Shickle called the meeting to order. INVOCATION The invocation was delivered by Reverend Anthony Wadsworth (retired). PLEDGE OF ALLEGIANCE ADOPTION OF AGENDA Administrator Riley suggested the following amendments: 1. Remove Tab 0 - Request from Frederick County Sanitation Authority to remove the Authority's request to drill and test cover wells. 2. Move Finance Committee Report to 5 o'clock portion of this meeting agenda. 3. Amend Finance Committee Report to include Report on Overtime. 4. Resident Engineer Jerry Copp to address the Board RE: 1-81 Safety Report during 7:15 p.m. portion of this meeting. Supervisor Sager asked that Tab K - Request to Expand the UDA (Urban Development Area), Submitted by Christopher Consultants, LTD, to Incorporate Approximately 26 Acres ofthe 132-Acre Tract ("Racey Tract") be continued until January 8, 2003, Board meeting as the developer had not completed his contact with all the area residents. Upon motion made by Supervisor Sager, seconded by Supervisor Smith, the agenda was amended, as noted above, by the following recorded vote: Richard C. Shickle - Aye W. Harrington Smith, Jr. - Aye Robert M. Sager - Aye Margaret B. Douglas - Aye Sidney A. Reyes - Aye Lynda J. Tyler - Aye Gina A. Forrester - Aye CONSENT Minute Book Number 28 Board of Supervisors Regular Meeting of 12/17/02 361 Administrator Riley suggested the following tabs for approval under consent: 1. Parks and Recreation Commission Report - Tab P; 2. Public Works Committee Report - Tab Q; 3. Road Resolutions for Berry Hill Subdivision, Section I, and Dominion Knolls Subdivision, Section I, II and III - Tab T. Upon motion made by Supervisor Smith, seconded by Supervisor Reyes, the consent agenda, as noted above, was approved by the following recorded vote: Richard C. Shickle - Aye W. Harrington Smith, Jr. - Aye Robert M. Sager - Aye Margaret B. Douglas - Aye Sidney A. Reyes - Aye Lynda J. Tyler - Aye Gina A. Forrester - Aye MINUTES Supervisor Tyler advised on page 6 of the September 25 minutes, bottom of page, appointment to Frederick Winchester Service Authority, motion was made by Supervisor Tyler and not Forrester as listed. Upon motion made by Supervisor Tyler, seconded by Supervisor Sager, the minutes of the Regular Meeting of September 25,2002 were approved, as amended, by the following recorded vote: Richard C. Shickle - Aye W. Harrington Smith, Jr. - Aye Robert M. Sager - Aye Margaret B. Douglas - Aye Sidney A. Reyes - Aye Lynda J. Tyler - Aye Gina A. Forrester - Aye Supervisor Smith advised the minutes of October 13,2002, on page 13, top ofthe page, first vote taken indicates he voted in favor of motion; however, it should show that he was absent, as it does with all the other votes taken at this meeting. Upon motion made by Supervisor Smith, seconded by Supervisor Reyes, the minutes of October 13, were approved as amended by the following recorded vote: Richard C. Shickle - Aye W. Harrington Smith, Jr. - Aye Robert M. Sager - Aye Margaret B. Douglas - Aye Sidney A. Reyes - Aye Lynda J. Tyler - Aye Gina A. Forrester - Aye Minute Book Number 28 Board of Supervisors Regular Meeting of 12/17/02 362 COUNTY OFFICIALS COMMITTEE APPOINTMENT CHARLES R. SANDY. JR.. REAPPOINTED TO PARKS AND RECREATION COMMISSION. AS MEMBER-AT-LARGE Upon motion made by Supervisor Tyler, seconded by Supervisor Douglas, Charles R. Sandy, Jr. was reappointed to the Parks and Recreation Commission, as a Member-at-Large. This is a four year appointment. The term will begin on January 25, 2003, and expire on January 25,2007. The above appointment was approved by the following recorded vote: Richard C. Shickle - Aye W. Harrington Smith, Jr. - Aye Robert M. Sager - Aye Margaret B. Douglas - Aye Sidney A. Reyes - Aye Lynda J. Tyler - Aye Gina A. Forrester - Aye W. HARRINGTON SMITH. JR.. REAPPOINTED TO WINCHESTER-FREDERICK COUNTY ECONOMIC DEVELOPMENT COMMISSION Upon motion made by Supervisor Sager, seconded by Supervisor Reyes, Supervisor Smith was reappointed to the Winchester-Frederick County Economic Development Commission. This term will begin on January 31, 2003, and expire on January 31, 2006. This is a three year appointment. The above motion was approved by the following recorded vote: Richard C. Shickle - Aye W. Harrington Smith, Jr. - Abstained Robert M. Sager - Aye Margaret B. Douglas - Aye Sidney A. Reyes - Aye Lynda J. Tyler - Aye Gina A. Forrester - Aye DOUG RINKER REAPPOINTED TO WINCHESTER-FREDERICK COUNTY ECONOMIC DEVELOPMENT COMMISSION Upon motion made by Supervisor Smith, seconded by Supervisor Reyes, Doug Rinker was reappointed to the Winchester-Frederick County Economic Development Commission. This term will begin on January 31, 2003, and expire on January 31, 2006. This is a three year term. The above motion was approved by the following recorded vote: Richard C. Shickle - Aye W. Harrington Smith, Jr. - Aye Robert M. Sager - Aye Margaret B. Douglas - Aye Sidney A. Reyes - Aye Minute Book Number 28 Board of Supervisors Regular Meeting of 12/17/02 363 Lynda J. Tyler - Aye Gina A. Forrester - Aye 5:00 P.M. SESSION PUBLIC HEARINGS PUBLIC HEARING - PROPOSED ORDINANCE TO AMEND THE FREDERICK COUNTY CODE. CHAPTER 158. VEHICLES AND TRAFFIC; ARTICLE 1Il, COUNTY VEHICLE LICENSES; SECTION 158-10. TREASURER'S RESPONSIBILITIES; LICENSE PERIOD OF VALIDITY; PRORATION - APPROVED Administrator Riley presented this request to the Board. County Treasurer Orndoff appeared before the Board to answer any questions they may have. There was no public comment. Upon motion made by Supervisor Smith, seconded by Supervisor Reyes, the following ordinance amendment was approved: AN ORDINANCE TO AMEND THE FREDERICK COUNTY CODE, CHAPTER 158, VEHICLES AND TRAFFIC; ARTICLE III, COUNTY VEHICLE LICENSES; SECTION 158-10, TREASURER'S RESPONSIBILITIES; LICENSE PERIOD OFV ALIDITY; PRORATION. THE PURPOSE OF THE PROPOSED AMENDMENT IS TO CHANGE THE WAY IN WHICH DECALS ARE BILLED AND MAILED. THE AMENDMENT WILL ALLOW FOR THE MAILING OF VEHICLE DECALS BY THE TREASURER UPON PROOF THAT ALL TAXES HAVE BEEN PAID. THIS MEASURE WILL SAVE ON POST AGE AND HANDLING AND HOPEFULLY PREVENT LONG LINES THAT OCCUR AT THE LAST MINUTE FILING DEADLINES BE IT ORDAINED, that Chapter 158, Vehicles and Traffic; Article III, County Vehicle Licenses; by the amendment of Section 158-10, Treasurer's Responsibilities; License Period of Validity; Proration, Paragraph A, to read as follows: ~158-10. Treasurer's responsibilities; license period of validity; proration. A. Upon payment of the local license tax, fee or chalge, the Treaslll". ~11<lll ~~~u<;; a wuuly l~""u~" taA [v. cad. ~ud. u.l.lto. vch~"k upO'l vvl.~ch suGh IlcG.ISG laA, fCG 01 Chal!;G ha~ 1"""pa;.1. The Treasurer shall issue a county license for each motor vehicle upon which such license tax, fee or charge has been paid, subject to the provisions of 158-12; provided, however, the Treasurer may issue a county license prior to payment and bill the license tax, fee, or charge on the next personal property tax bill. If such license tax, fee or charge is not paid by the due date for such personal property tax, such license shall thereafter be invalid and display of such license on a motor vehicle shall constitute a misdemeanor punishable by a fine not to exceed two hundred fifty dollars ($250.00). All license taxes, fees or charges collected by the Treasurer under this Article shall be deposited by the Treasurer in the same manner as prescribed for other county funds, and all revenue derived from county license tax, fee or charge shall be applied to general county purposes. County licenses shall be valid from the 15th day of February in the year issued to the following 15th day of February, at which time such license shall expire. TI,,, TIca~U1"l ~Lall ~"o~u "vll""l~o'l oftIl" liGwsc tax, fec 01 chmgc mId bq~in issuance of the license on the fi.~l day v[ Jal1umy v[ Gad. yea!. The Treasurer shall begin issuance of the license on the first day of January of each year. Any person required to purchase a county license may purchase the same at his or her request prior to January I of the license year, provided that the Treasurer is in possession of the county license for issuance ofthe license year requested. The county license tax, fee or charge for a license year shall be prorated as follows: Vehicle license tax, fee or charge shall be $5 for all motor vehicles not required to be licensed prior to November 1 of the license year, except for motorcycles, which license tax, fee or charge shall be $2. Minute Book Number 28 Board of Supervisors Regular Meeting of 12/17/02 364 This amendment shall become effective upon adoption. The above motion was approved by the following recorded vote: Richard C. Shickle - Aye W. Harrington Smith, Jr. - Aye Robert M. Sager - Aye Margaret B. Douglas - Aye Sidney A. Reyes - Aye Lynda 1. Tyler - Aye Gina A. Forrester - Aye PUBLIC HEARING - PROPOSED ORDINANCE TO AMEND THE FREDERICK COUNTY CODE. CHAPTER 158. VEHICLES AND TRAFFIC; ARTICLE III. COUNTY VEHICLE LICENSES; SECTION 158-14. PENALTY FOR FAILURE TO OBTAIN AND DISPLAY LICENSE AND FOR DISPLAY OF EXPIRED LICENSE. THE PROPOSED AMENDMENT WILL ADD LANGUAGE TO ALLOW FOR FILING OF NOTIFICATION OF LICENSURE AFTER 30 DAYS OF MOVING TO THE COUNTY. CURRENTLY. THE LANGUAGE SPEAKS ONLY TO DATE OF PURCHASE ON AN ACQUISITION. - TO REMAIN AS IT IS CURRENTLY WRITTEN Administrator Riley advised the Board the language currently in this Chapter needs to stay as it currently reads. There was no public comment. Upon motion made by Supervisor Sager, seconded by Supervisor Forrester, the above ordinance will remain as it currently is. The above motion was approved by the following recorded vote: Richard C. Shickle - Aye W. Harrington Smith, Jr. - Aye Robert M. Sager - Aye Margaret B. Douglas - Aye Sidney A. Reyes - Aye Lynda J. Tyler - Aye Gina A. Forrester - Aye PLANNING COMMISSION BUSINESS - PUBLIC HEARINGS PUBLIC HEARING - CONDITIONAL USE PERMIT #14-02 OF BARBARA AND CASEY RAY FOR A DAY CARE FACILITY. THIS PROPERTY IS LOCATED AT 1501 JORDAN SPRINGS ROAD AND IS IDENTIFIED WITH PROPERTY IDENTIFICATION NUMBER 56-3-2-10 IN THE STONEWALL MAGISTERIAL DISTRICT - APPROVED Planner I Rebecca Ragsdale presented this request to the Board, advising that staff and Planning Commission recommended approval with conditions. There was no public comment. Upon motion made by Supervisor Tyler, seconded by Supervisor Smith, CUP #14-02 was Minute Book Number 28 Board of Supervisors Regular Meeting of 12/17/02 -365 approved, as presented, by the following recorded vote: Richard C. Shickle - Aye W. Harrington Smith, Jr. - Aye Robert M. Sager - Aye Margaret B. Douglas - Aye Sidney A. Reyes - Aye Lynda J. Tyler - Aye Gina A. Forrester - Aye PUBLIC HEARING - REZONING #10-02 OF THE VILLAGE AT HARVEST RIDGE. SUBMITTED BY GILBERT W. CLIFFORD & ASSOCIATES. INC. TO REZONE 16.92 ACRES FROM RA (RURAL AREAS) TO RP (RESIDENTIAL PERFORMANCE) DISTRICT. THIS PROPERTY IS LOCATED SOUTH AND ADJACENT TO ROUTE 622 (CEDAR CREEK GRADE) BORDERING THE CITY/COUNTY LINE. AND IS IDENTIFIED WITH PROPERTY IDENTIFICATION NUMBERS 63-A-2. AN ADJOINING 9.82-ACRE TRACT ZONED RP. IDENTIFIED WITH PROPERTY IDENTIFICATION NUMBER 63-A-3. IS SUBMITTED FOR PROFFER AMENDMENTS TO THE RESIDENTIAL DENSITY. THE COMBINED TRACTS. TOTALING 26.74 ACRES. ARE IN THE SHAWNEE MAGISTERIAL DISTRICT - APPROVED Supervisors' Reyes and Forrester advised they would be abstaining from any discussion or vote on this request. Planner I Rebecca Ragsdale presented this request to the Board advising that staff and Planning Commission recommended approval with conditions, and also advised of the new proffers. There was no public comment. Upon motion made by Supervisor Smith, seconded by Supervisor Sager, Rezoning #10-02 ofthe Village at Harvest Ridge was approved by the following recorded vote: Richard C. Shickle - Aye W. Harrington Smith, Jr. - Aye Robert M. Sager - Aye Margaret B. Douglas - Aye Sidney A. Reyes - Abstained Lynda J. Tyler - Aye Gina A. Forrester - Abstained PUBLIC HEARING - NO THROUGH TRUCK TRAFFIC ON WARRIOR DRIVE (719) - A REOUEST TO THE COMMONWEALTH TRANSPORTATION BOARD TO CONSIDER RESTRICTING THROUGH TRUCK TRAFFIC ON WARRIOR DRIVE (ROUTE 719). BETWEEN ITS INTERSECTION WITH FAIRFAX PIKE (ROUTE 277) AND TASKER ROAD (ROUTE 642) RESOLUTION #(025-02) - APPROVED Senior Planner Abbe Kennedy presented this request to the Board advising the Planning Commission had recommended denial of this request at their last meeting. There was no public comment. WHEREAS, Warrior Drive (Route 719) is classified as a major collector road designed to Minute Book Number 28 Board of Supervisors Regular Meeting of 12/17/02 366 collect traffic from minor collector and local roads; and WHEREAS, local residents and county officials are concerned about heavy truck traffic on this road; and WHEREAS, the Frederick County Board of Supervisors has identified alternates exist via Interstate 81 and Route 522 for northbound and southbound trucks and Fairfax Pike (Route 277) for eastbound and westbound trucks between these highways. WHEREAS, in accordance with Section 46.2-809 of the Code of Virginia, the Frederick County Board of Supervisors has conducted a public hearing on December 17, 2002 to obtain public comments on restricting through truck traffic on Warrior Drive (Route 719); and WHEREAS, the Frederick County Board of Supervisors will use its good offices for enforcement of the proposed restrictions by the appropriate local law enforcement agency. NOW, THEREFORE, BE IT RESOLVED, that the Frederick County Board of Supervisors does hereby request that the Commonwealth Transportation Board consider restricting through truck traffic on Warrior Drive (Route 719) from its intersection with Fairfax Pike (Route 277) and Tasker Road (Route 642). Upon motion made by Supervisor Smith, seconded by Supervisor Forrester, the above request for No Through Truck Traffic on Warrior Drive (Route 719) was approved by the following recorded vote: Richard C. Shickle - Nay W. Harrington Smith, Jr. - Aye Robert M. Sager - Aye Margaret B. Douglas - Nay Sidney A. Reyes - Aye Lynda J. Tyler - Aye Gina A. Forrester - Aye PUBLIC HEARING - NO THROUGH TRUCK TRAFFIC ON REST CHURCH ROAD (ROUTE 669) AND WELL TOWN ROAD (ROUTE 661) - A REOUEST TO THE COMMONWEALTH TRANSPORTATION BOARD TO CONSIDER: 1.) RESTRICTING THROUGH TRUCK TRAFFIC ON REST CHURCH ROAD (ROUTE 669) BETWEEN ITS INTERSECTION WITH 1-81 TO ITS INTERSECTION WITH WELLTOWN ROAD (ROUTE 661): AND 2.) RESTRICTING THROUGH TRUCK TRAFFIC ON WELLTOWN ROAD (ROUTE 661) BETWEEN ITS INTERSECTION WITH REST CHURCH ROAD (ROUTE 669) AND ITS INTERSECTION WITH MCGHEE ROAD AT THE ENTRANCE TO STONEWALL INDUSTRIAL PARK (RESOLUTION #(026-02) - APPROVED Senior Planner Abbe Kennedy presented this request to the Board advising that the Planning Commission recommended denial at their meeting in December. Resident Engineer Jerry Copp appeared before the Board to answer questions. Supervisor Sager questioned the width ofthe road in this area. Engineer Copp advised this road was not designed to handle heavy truck traffic. Supervisor Tyler questioned the sign that was posted by VDOT, for the NO TRUCK TURN Minute Book Number 28 Board of Supervisors Regular Meeting of 12/17/02 367 AROUND BEYOND THIS POINT. She asked if this sign was temporary, just there during construction? Engineer Copp replied no, the sign is there permanently. Tom Stevenson, Stonewall District, also a member of Clear brook Citizens for Safety, and speaking on their behalf tonight. He read from a prepared letter advising they have been involved with and watched the proposal to restrict through truck traffic on these two roads work it's way through the process to this point tonight. They know the Planning Commission has rejected this proposal. He further advised considering the roads in question, they feel it's rejection is not in the best interest, nor considers the safety of the Rest Church Road residents. Supervisor Smith asked Planner Kennedy why the Planning Commission voted to deny this request? Planner Kennedy advised that she felt because the Planning Commission was of the opinion since the NO TURN AROUND SIGN was in place, it was adequate, and no further action was necessary. WHEREAS, Rest Church Road (Route 669) between its intersection with 1-81 to its intersection with Welltown Road (Route 661) is classified as a local road designed to handle residential traffic and is not designed or intended to serve heavy truck traffic, and Welltown Road (Route 661) between its intersection with Rest Church Road (Route 669) and its intersection with McGhee Road at the entrance to Stonewall Industrial Park; and WHEREAS, local residents and county officials are concerned about heavy truck traffic on these road segments; and WHEREAS, the Frederick County Board of Supervisors has identified alternates exist via Interstate 81 to accommodate heavy truck traffic safely and efficiently for the Rest Church Road and Well town Road proposed restrictions; and WHEREAS, in accordance with Section 46.2-809 of the Code of Virginia, the Frederick County Board of Supervisors has conducted a public hearing on December 17,2002 to obtain public comments on restricting through truck traffic on the aforementioned road segments of Rest Church Road and Welltown Road; and WHEREAS, the Frederick County Board of Supervisors will use its good offices for enforcement of the proposed restrictions by the appropriate local law enforcement agency. NOW, THEREFORE, BE IT RESOLVED, that the Frederick County Board of Supervisors does hereby request that the Commonwealth Transportation Board consider restricting through truck traffic on Rest Church Road (Route 669) between its intersection with 1-81 to its intersection with Welltown Road (Route 661) and Welltown Road (Route 661) between its intersection with Rest Church Road (Route 669) and its intersection with McGhee Road at the entrance to Stonewall Industrial Park. Upon motion by Supervisor Tyler, seconded by Supervisor Forrester, the above request for Minute Book Number 28 Board of Supervisors Regular Meeting of 12/17/02 368 No Through Truck Traffic on Rest Church Road (Route 669) and Welltown Road (Route 661) was approved by the following recorded vote: Richard C. Shickle - Nay W. Harrington Smith, Jr. - Aye Robert M. Sager - Aye Margaret B. Douglas - Nay Sidney A. Reyes - Aye Lynda 1. Tyler - Aye Gina A. Forrester - Aye PUBLIC HEARING - NO THROUGH TRUCK TRAFFIC ON OLD CHARLES TOWN ROAD (ROUTE 761). JORDAN SPRINGS ROAD (ROUTE 664). WOODS MILL ROAD (ROUTE 660). AND BURNT FACTORY ROAD (ROUTE 659) - A REOUEST TO THE COMMONWEALTH TRANSPORTATION BOARD TO CONSIDER: 1.) RESTRICTING THROUGH TRUCK TRAFFIC ON OLD CHARLES TOWN ROAD (ROUTE 761) BETWEEN ITS INTERSECTION WITH MARTINSBURG PIKE (ROUTE 11) AND JORDAN SPRINGS ROAD (ROUTE 664); 2.) RESTRICTING THROUGH TRUCK TRAFFIC ON JORDAN SPRINGS ROAD (ROUTE 664) BETWEEN ITS INTERSECTION WITH OLD CHARLES TOWN ROAD (ROUTE 761) AND BURNT FACTORY ROAD (ROUTE 659); 3.) RESTRICTING THROUGH TRUCK TRAFFIC ON WOODS MILL ROAD (ROUTE 660) BETWEEN ITS INTERSECTION WITH JORDAN SPRINGS ROAD (ROUTE 664) AND BERRYVILLE PIKE (ROUTE 7); AND 4.) RESTRICTING THROUGH TRUCK TRAFFIC ON BURNT FACTORY ROAD (ROUTE 659) BETWEEN ITS INTERSECTION WITH JORDAN SPRINGS ROAD (ROUTE 664) AND BERRYVILLE PIKE (ROUTE 7) - (RESOLUTION NO. 027-02) - APPROVED Senior Planner Kennedy presented this request to the Board advising that the Planning Commission recommended approval at their meeting in December. Grey Farland representing Shockey Companies, advised their company is in favor of this request. WHEREAS, Old Charles Town Road (Route 761), between its intersection with Martinsburg Pike (Route 11) to its intersection with Jordan Springs Road (Route 664); and Jordan Springs Road (Route 664) between its intersection with Old Charles Town Road (Route 761) and its intersection with Burnt Factory Road (Route 659); Woods Mill Road (Route 660) between its intersection with Jordan Springs Road (Route 664) and Berryville Pike (Route 7); and Burnt Factory Road (Route 659) between its intersection with Jordan Springs Road and Berryville Pike (Route 7) are classified as local roads and minor collector roads and are not designed or intended to serve heavy truck traffic; and WHEREAS, local residents and county officials are concerned about heavy truck traffic on these road segments; and WHEREAS, the Frederick County Board of Supervisors has identified alternates exist via Interstate 81 to accommodate heavy truck traffic safely and efficiently between Route 11 and Route 7 northbound and southbound, and Route 7 exists to accommodate heavy truck traffic safely and efficiently eastbound and westbound for the aforementioned segments of Old Charles Town Road, Jordan Springs Road, Woods Mill Road and Burnt Factory Road proposed restrictions; and -. WHEREAS, in accordance with Section 46.2-809 of the Code of Virginia, the Frederick County Board of Supervisors has conducted a public hearing on December 17, 2002 to obtain public comments on restricting through truck traffic on the aforementioned road segments of Old Charles Minute Book Number 28 Board of Supervisors Regular Meeting of 12/11/02 369 Town Road, Jordan Springs Road, Woods Mill Road and Burnt Factory Road; and WHEREAS, the Frederick County Board of Supervisors will use its good offices for enforcement of the proposed restrictions by the appropriate local law enforcement agency. NOW, THEREFORE, BE IT RESOLVED, that the Frederick County Board of Supervisors does hereby request that the Commonwealth Transportation Board consider restricting through truck traffic on Old Charles Town Road (Route 761), between its intersection with Martinsburg Pike (Route 11) to its intersection with Jordan Springs Road (Route 664); and Jordan Springs Road (Route 664) between its intersection with Old Charles Town Road (Route 761) and its intersection with Burnt Factory Road (Route 659); Woods Mill Road (Route 660) between its intersection with Jordan Springs Road (Route 664) and Berryville Pike (Route 7); and Burnt Factory Road (Route 659) between its intersection with Jordan Springs Road and Berryville Pike (Route 7). Upon motion made by Supervisor Tyler, seconded by Supervisor Reyes, the above request for No Through Truck Traffic on Old Charles Town Road (Route 761), Jordan Springs Road (Route 664), Woods Mill Road (Route 660), and Burnt Factory Road (Route 659) be approved. The above motion was approved by the following recorded vote: Richard C. Shickle - Aye W. Harrington Smith, Jr. - Aye Robert M. Sager - Aye Margaret B. Douglas - Aye Sidney A. Reyes - Aye Lynda J. Tyler - Aye Gina A. Forrester - Aye 7:15 P.M. SESSION PLANNING COMMISSION BUSINESS PUBLIC HEARING PUBLIC HEARING - REZONING #07-02 OF DORIS F. CASEY. SUBMITTED BY GREENWAY ENGINEERING. TO REZONE 30.31 ACRES FROM RA (RURAL AREAS) TO (RESIDENTIAL PERFORMANCE) DISTRICT. THIS PROPERTY IS LOCATED APPROXIMATELY 800 FEET NORTH OF THE INTERSECTION OF FRONT ROYAL PIKE (ROUTE 522) AND PAPER MILL ROAD (ROUTE 644) AND IS IDENTIFIED WITH PROPERTY IDENTIFICATION NUMBER 64-A-23 IN THE SHAWNEE MAGISTERIAL DISTRICT - DENIED Senior Planner Kennedy presented this rezoning request to the Board advising the Planning Commission recommended approval with revised proffers, as submitted by the applicant by a majority vote. Planner Kennedy further advised this proposal is a request to redo the thirty point three one acre parcel from rural areas, to residential performance for the development of 70 single family detached urban lots. Mark Smith of Greenway Engineering appeared before the Board on behalf ofthe applicant. He advised, based on various meetings held with staff and the Planning Commission, they have Minute Book Number 28 Board of Supervisors Regular Meeting of 12/17/02 370 come up with a layout showing the calming features that have been put in to this plan. This will be connected to Route 522 as was the preferred connection after meeting with staff and VDOT officials. He advised there was concern with the Westwood Subdivision residents as to whether this plan called for a back connection, it does not. He further advised of the plan they have for a fifty-foot strip ofland, an easement set aside for pedestrian traffic or bicycle traffic to move from one road to the other. Plans are also in place to provide a buffer between the cemetery and the property. The question has been raised concerning adequate water pressure. They have recently pulled a fire hydrant test in the area, and it came up with adequate pressure. Supervisor Sager asked about the emergency access road shown on the map from the cul-de- sac out to Papermill Road, and asked if this was going to be an active road? Mark Smith replied no, it will not be an active road, it will be an entrance and a pull offthat they worked with emergency service. It will be gated or chained, and they will either go through the gate, or cut the chain. It is for emergency use only. Supervisor Sager questioned the number oftraffic lanes in this area as well as the proposed entrance into this subdivision. Mark Smith advised how the plan addressed his questions. Supervisor Sager stated that when you are crossing, basically you're crossing five lanes of traffic. Mark Smith replied that was correct, but it's no different than Red Fox or Westwood or the Airport entrance. Supervisor Sager stated, so there would be no traffic control, it's just, get out, sit there and wait until you see your way clear. Mark Smith advised VDOT will tell you that for these amount oflots they are not going to propose any signalization of any kind. Supervisor Sager advised he was adamant about this. He is very much concerned with 70 homes planned, and given what is already across the street. He feels with a vehicle or vehicles having to go to the middle of four lanes to make a left hand turn to head north, this is not a safe situation. Mark Smith advised that his staff has worked very hard over a long time and have attended Minute Book Number 28 Board of Supervisors Regular Meeting of 12/17/02 371 three Planning Commission meetings in an effort to get this worked out. He further advised that all agency comments presented to the Board in their agendas have recommended approval of this request. Supervisor Tyler questioned the proffer statement wherein the applicant proffers to install a turn lane at the primary entrance of Route 522. She asked if Jerry Copp could explain the guidelines for this and what is the speed limit. Mark Smith explained that Red Fox has five or so fewer lots than this request. He feels VDOT will concur, as they plan to put the turn lane in with this amount oflots, and the only real reason is it just helps the safety of when people slow down and move forward. Barbara Midcaff, resident of Westwood Drive, is opposed to this request. She feels it will change the area in which she lives dramatically. She also questioned when the zoning was changed to the current residential performance. She feels given the forty houses this same developer plans to build on property that abuts her back yard we are talking about an excess of between 100 and 125 homes. She also addressed the traffic problem that is currently there when she tries to turn left into Westwood Drive. She agrees with Supervisor Sager on the dangers involved with these many lanes and this much traffic. Brenda Dodd, Shawnee District, feels a cemetery is a sanctuary and should be treated as such. The traffic is a problem, the people turning left into Red Fox Run actually use the center lane as a merge lane to get into the south bound traffic, this is a head on collision waiting to happen. She advised that our schools are overcrowded, the infrastructure of Frederick county is under stress and she feels the County needs to sit back and kind of regroup and take a look at what is already on the books and catch up. Anne Cross, area resident, as well as guidance counselor for County Schools. She presented the Board with two pictures and welcomed them to come over to James Wood Middle and look at the school. She further described the current structural conditions at the school. James Wood Middle would get these students, and there is no room. She further advised this is not the right way to give education to our families. Robert Vann, Front Royal Pike, referred to the $130,000 proffer being offered to address all the infrastructure in the County. He feels this is a reduced proffer for a proposal such as this, and Minute Book Number 28 Board of Supervisors Regular Meeting of t 2/17/02 372 with the County looking at a significant real estate tax increase, it doesn't make much sense to him. He lives on Front Royal Pike; therefore, he knows what the traffic is like. He crosses the five lanes and that middle lane is dangerous. He asked the Board to consider all the concerns that the citizens in this area are expressing, and to please deny this request. Judy Morrison, resident of Westwood Subdivision for 21 years. She advised this request has been before the Planning Commission several times, and all the issues and concerns that the citizens have voiced have not been merely self serving. She moved here in order to enjoy the country atmosphere, and she feels the development has gone kind of "crazy." It appears to her, if a parcel ofland is for sale, all of a sudden houses are being built regardless of the effect it will have on the citizens, the taxpayers, of Frederick County. She is curious as to where all the money is coming from to pay for all these added services. She addressed the current traffic problems on Route 522 that runs in front ofthis proposed development as you can't get out at times, you can't turn north or south. She further advised of the time she has spent in trying to go in different directions, especially when the cross intersections are jammed with traffic. Doris Casey, owner of the property in question, advised the Board of how she came to own this property and the fact she always referred to it as her "little nest egg." She further advised she has reached the point in life where she is not getting any younger, and she does have some health problems, and in order to protect herself she would like to have the property rezoned. She further advised she knows what she wants to see the property used for, and that does not include any type of commercial zoning. Supervisor Sager asked Resident Engineer Copp. about the buses on this particular section of 522 and if a school bus is going north bound or south bound discharging children, right on the road, and there is no divider there, the drivers are required to stop on both sides or just one side of Route 522? Engineer Copp replied both sides in this particular section of 522. Supervisor Smith advised when Route 522 was completed he tried to get the speed limit lowered to 45 miles per hour; however, the Transportation Board advised it would remain at 55. He has tried once again to get this lowered, and once again the Transportation Board said no. He advised of all the many entrances off of 522 in this immediate area, and feels it is just an accident Minute Book Number 28 Board of Supervisors Regular Meeting of 12/17/02 373 waiting to happen. He wanted everyone to know that Engineer Copp is not responsible for the speed limit not being lowered. Resident Engineer Copp advised how the system works with regard to whether a speed limit gets lowered or raised. He explained VDOT looks at 85 percentile ofthe people driving on the road in question, and this is a major factor in their decision of whether the speed should be lowered. Thc last two or three times they have done 522, the people traveling in a 55 mile zone, are running between 60 and 62 miles an hour. That tells VDOT you can put any sign there you want, but ifthey are not paying any attention to the current 55 sign they won't pay any attention to a lesser speed. Supervisor Smith made the following statement: He was a very good friend of Bob Casey and his wife, and Jeff, their son. Ifhe voted his heart he would vote for approval, but he was elected to do the right thing as far as he is concerned and one that he could live with and also for his constituents. The speed limit really has him worried. He is getting to the point now where he is going to be a tough supervisor to keep approving more RA's to RP's; from this day forward it's going to be tough to get this supervisor to get these kind of requests approved by this Board. Everyone has been telling him since Fox Run has been put on line the water pressure has dropped, something is wrong. He is going to do what he thinks is right, even though his heart tells him otherwise, and at this time moved to deny this rezoning request. Supervisor Forrester seconded the motion. Supervisor Sager once again voiced his concerns about safety problems with traffic as well as the children traveling this road on school buses. Supervisor Reyes referred to the information provided in the agenda by the Frederick County Public Schools wherein they refer to the anticipated 70 new residents and the fact this will yield approximately 35 new students to be served within the county school system. The cumulative impact of this project and others of similar nature will necessitate the future construction of new school facilities to accommodate increased student enrollment. This is the position he is going to take from this day forth, that if anything comes before him that's going to impact the schools which we cannot afford to pay for will get a no vote from him. The above motion was approved by the following recorded vote: Richard C. Shickle - Aye w. Harrington Smith, JI. - Aye Minute Book Number 28 Board of Supervisors Regular Meeting of 12/17/02 374 Robert M. Sager - Aye Margaret B. Douglas - Aye Sidney A. Reyes - Aye Lynda J. Tyler - Aye Gina A. Forrester - Aye PUBLIC HEARING - REOUEST TO EXPAND THE UDA (URBAN DEVELOPMENT AREA). SUBMITTED BY CHRISTOPHER CONSULTANTS. LTD. TO INCORPORATE APPROXIMATELY 26 ACRES OF THE 132-ACRE TRACT ("RACEY TRACT"). THIS TRACT IS IDENTIFIED WITH PROPERTY IDENTIFICATION NUMBER 85-A-140. ZONED RA (RURAL AREAS) DISTRICT. AND LOCATED SOUTHWEST OF WOODSIDE ESTATES SUBDIVISION IN THE OPEOUON MAGISTERIAL DISTRICT. APPROXIMA TEL Y 106 ACRES OF THE TRACT ARE PRESENTLY LOCATED WITHIN THE UDA - PUBLIC HEARING CONTINUED UNTIL BOARD MEETING OF JANUARY 8. 2003 Planning Director Lawrence presented this request to the Board advising that staff had received a request from Christopher Consultants, LTD, to consider incorporating the entire Racey tract within the Urban Development Area (UDA). He advised the applicant has made some modification to the request in response to the CPPS, the Planning Commission, and the Board of Supervisors' comments. He further advised the Planning Commission, by a majority vote, recommended approval of the request to incorporate the entire Racey tract within the UDA. Chairman Shickle advised that he has relatives living in the adjoining subdivision; however, having discussed this with the county attorney, he was advised he could participate in discussion as well as voting on this request. Dave Doverston, President of Woodside Estates, advised the Board of several concerns that the residents of Woodside Estates have concerning this request. Mark Cain, Woodside Estates, has concerns that Driftwood Drive would be the access street used to these 300 or more homes. Kevin Kennedy, Gainesboro District, feels there has been too much change of the boundary lines of the UDA. Supervisor Sager moved to continue this public hearing until the next scheduled Board meeting. Supervisor Smith seconded the motion. The above motion was approved by the following recorded vote: Richard C. Shickle - Aye W. Harrington Smith, Jr. - Aye Robert M. Sager - Aye Margaret B. Douglas - Aye Minute Book Number 28 Board of Supervisors Regular Meetiug of 12/17/02 375 Sidney A. Reyes - Aye Lynda 1. Tyler - Aye Gina A. Forrester - Aye PUBLIC HEARING - PROPOSED ADOPTION OF FREDERICK COUNTY'S REVISED DEVELOPMENT FEE SCHEDULE. AS AUTHORIZED BY THE CODE OF VIRGINIA. 15.2.2241(9) AND 15.2.2286(6) - APPROVED IN PART - DOWNZONING. APPEALS AND VARIANCES SENT BACK TO PLANNING FOR FURTHER STUDY Director Lawrence advised that staffhas completed a comprehensive analysis ofthe county's current development review fees, the results of which indicate the need to increase fees to more appropriately compensate the County for the time and resources allotted to review development proposals. The adoption of a revised development fee schedule is recommended to resolve this Issue. Chairman Shickle inquired about the figure under Scenario 2 for Subdivision Application Fee. Following discussion with Director Lawrence it was determined the amount should read $3700 rather than $2800 as shown. The consensus ofthe Board after reviewing the information was that the CUP increase was more than they were comfortable with given the fact this is something most citizens do within their homes, they felt it was a considerable increase in the fee. The term "cottage occupation" needs to be addressed further. Chairman Shickle advised that he felt the increase in the variance fee is also "pretty dear," feels this needs to be looked at further. Director Lawrence asked that the Board take action on the fees and also direct staffto update the County's Fiscal Impact Model to reflect the new fees. This will give the new rezoning applicants credit for what they are currently doing, and what fees will be paid to the County for the development process. He further asked that a date be decided upon as to when these new fees will be implemented. There was no public comment. Upon motion made by Supervisor Reyes, seconded by Supervisor Smith, to approve the revised fee schedule, with the exception of the section dealing with downzoning and also appeals and variances, with these going back to the Planning staff for further review. Supervisor Forrester questioned whether the effective date should not be included? Minute Book Number 28 Board of Supervisors Regular Meeting of 12/17/02 i 376 Supervisor Reyes amended his motion to include the effective date of upon passage, and modification to the Fiscal Impact Model on the amended fee schedule as follows: Frederick County - Development Review Fee Schedule Current Vs. Proposed TVPF OF A PPT .Ir A nON rnIT""t F",," ~- -. l? PP. REZONING $ 550.00 base $ 1,000.00 base $ 35.00 per acre $ 50.00 per acre MASTER DEVELOPMENT PLAN $ 1,300.00 base $ 1,500.00 base $ 40.00 per acre (to 50 acres) $ 50.00 per acre $ 30.00 per acre (for each acre over 50) SUBDIVISION Non- $ 800.00 base $1,000.00 base Residential $ 90.00 per lot (to 10 lots) $ 100.00 per lot $ 30.00 per lot (over 10 lots) Non- (4 lots or less) $ 1,000.00 base Residential $ 250.00 base $ 100.00 per lot (Minor) $ 35.00 per lot Residential $1,000.00 base $ 1,500.00 base (RP) $ 90.00 per lot (to 10 lots) $ 100.00 per lot $ 45.00 per lot (over 10 lots) Residential (4 lots or less) $250.00 $1,500.00 base (RP) $ 35.00 per lot $ 100.00 per lot (Minor) Residential None $1,000.00 base (RA) $ 50.00 per acre Residential None $ 100.00 per lot (RA) Minor - 3 lots or less SITE PLAN Non $ 1,000.00 base $1,000.00 base Residential $ 100.00 per acre (to 5 $ 100.00 per acre (to acres) 5 acres) $ 30.00 per acre (over 5 $ 50.00 per acre acres) (over 5 ac.) Residential $ 1,000.00 base $1,000.00 base $ 40.00 per unit (to 20 $ 50.00 per unit (to units) 20 units) $ 25.00 per unit (over 20 $ 25.00 per unit units) Minor Site $500.00 - for revision that increases the existing Plan structure area by 20% or less and does not exceed 5,000 square feet Minute Book Number 28 Board of Supervisors Regular Meeting of 12/17/02 CONDITIONAL Cot tage $ 75.00 $ 500.00 USE PERMIT Occ upation Tele commun $ 75.00 $1,000.00 icat IOn Tow er Oth er $ 75.00 $ 750.00 VARIANCE OR BZA AP PEAL $250.00 $ 500.00 ZONING CERTIFICA TI ON NONE $ 100.00 LETTER ZONING DETERMINAT ION NONE $ 50.00 LETTER The above motion to amend was approved by the following recorded vote: Richard C. Shickle - Aye W. Harrington Smith, Jr. - Aye Robert M. Sager - Aye Margaret B. Douglas - Aye Sidney A. Reyes - Aye Lynda J. Tyler - Aye Gina A. Forrester - Aye The vote on the amended motion was as follows: Richard C. Shickle - Aye W. Harrington Smith, Jr. - Aye Robert M. Sager - Aye Margaret B. Douglas - Aye Sidney A. Reyes - Aye Lynda J. Tyler - Aye Gina A. Forrester - Aye CITIZEN COMMENTS Cindy Brockwell, resident of Town of Middletown, addressed the proposed Middletown Boundary adjustments. She advised this would be done in two parts, due to time constraints, and that her husband Bill Daley would be doing the second part. She advised the plan is coming back to the Board and she feels they have made little progress since their original request. It appears this will be coming back before the Board no later than January or February of2003. She referred back to when this plan was originally presented to the Board approximately one year ago. She advised that over the last year the citizen response has been generally against the adjustment based upon the lack of criteria they felt should have been provided. She advised the Town of Middletown has changed its story a number of times with regard to the adjustment and their reasons for doing it. They want to protect the Town from Frederick County type of development. She started with four Minute Book Number 28 Board of Supervisors Regular Meeting of 12/17/02 . 377 378 things she asked the Board to consider should they approve the Town's request for a boundary adjustment. Bill Daley, resident of Town of Middletown, continued with Ms. Brockwell's statement due to the speakers time limit. It is requested that adequate time be given to the citizens of Middletown and Frederick County when this is scheduled to appear before the Board of Supervisors again. The impact on both the Town of Middletown and Frederick County should be made available if this boundary adjustment is brought before the Board, since the County will be picking up the tab for most ofthe services to support new development. You should understand what the potential impact is. Currently Middletown has no plans for this land. Feels the Town should submit plans on how they plan to pay for the new wastewater treatment facility. Frederick County should not have to pay for Middletown's inability to plan for the replacement or upgrade oftheir forty year old antiquated wastewater facility. Pat Gochenour, Red Bud District, and Planning Commission Member, read a poem she had written for Earth Day, seven years ago, entitled I Don't Hear the Fro~s Anvrnore. Pam Kennedy, Gainesboro District, addressed the real heroes, the real angels. The issues that those in the County face are many, our land, our air, our water, our way of life. The way we treat one another both publicly, and privately. These issues do not go away because one side attempts to out bluster, or our maneuver another. These issues are here to stay. The sooner we address these, pro actively with all the players at the table, the - - - will be laid to rest. Greg Walker, Opequon District, inquired as to when the Board would be considering the request for No Truck Traffic allowed on Warrior Drive. Chairman Shickle advised Mr. Walker the Board considered this request earlier in the meeting, and that it was approved. Jim Giraytys, Back Creek District, addressed the Early Action Compact. He advised this was discussed last evening at the Winchester City Council meeting. Two very pertinent questions were asked, in his opinion, by Councilman Schroth. Ifwe shut down Winchester, we shut downI-81, what is the prospect of actually obtaining conformance with the ozone standard. The answer from Tom Ballu was hopefully, we can do it. The real problem is mobile sources, they are at least three quarters of the problem and unless you deal with the transportation issues you are not going to be Minute Book Number 28 Board of Supervisors Regular Meeting of 12/17/02 379 able to achieve attainment. The second question had to do with whether or not you joined the EAC or if you do not, and let EP A come in, what is the difference. The answer was basically nothing, because there are few options that you have. The question was asked why early action, and he does not feel that he heard a very good response as to why "early action." COUNTY OFFICIALS (CONTINUED) REOUEST FOR APPROVAL OF AIR COMPACT AGREEMENT - APPROVED AS AMENDED Administrator Riley presented this request to the Board advising that EDC Director Patrick Barker was present to answer any questions the Board might have. Director Barker addressed the Board advising since late September the Economic Development Commission (EDe) has been diligently working with the Air Quality Improvement Task Force. This Task Force is composed of several organizations and community stakeholders, on a voluntary pro-active alternative, to improve our community's air quality, an Early Action Compact (EAC). He further explained the EAC is the first part of the EPA's Ozone Early Action Program (OEAP). Successful completion ofthe OEAP has the possibility to delay and/or eliminate the non- attainment status pending on this community. This designation's impacts will be felt by the entire community; governments, businesses and citizens alike. He further advised the EAC serves as a roadman and schedule for possibly developing an Early Action Plan (EAP), the 2nd part of the OEAP. Approval of the EAC does not commit Frederick County or any other signatory jurisdictions to any additional action and/or expenditure of funds. He further explained in order to qualifY for this program, local government must take action immediately. The US Environmental Protection Agency is requiring all EAC's be submitted by December 31, 2002. Supervisor Sager advised that he did not know if we would ever be compliant, for we could get close and our own government is tainting the process, and he is not sure how we go about it. He feels we can't solve the problem, as the problem is generated by us. Supervisor Smith moved to approve the Early Action Compact - Ozone Air Quality as amended. Supervisor Sager seconded the motion. Supervisor Tyler referred to the changcs that were presented to the Board just this afternoon, . and it would appear they basically apply more flexibility. She asked when Frederick County would Minute Book Number 28 Board of Supervisors Regular Meetiug of 12/17/02 380 realize some of the omission differences. She asked about the diesel trucks, what can Frederick County do as a locality if we say they can no longer idol at truck stops, she asked for some instances that the Board can take, to improve this. JeffRezin, advised some communities have looked at this, if these trucks keep moving, the likelihood is that there is going to be less pollution coming from them, then if they idol as they go through the community, because of slower traffic. A combination of different things are expected to help to reduce the ozone omissions, but the fact we are right on the edge ofthe bubble here, EP A has lowered the standard so that there expectation is that we want to have cleaner air. This opportunity gives us the chance to get cleaner air faster. It puts us two years ahead of what the EP A curve would normally be. Dave Kollar, EDC Member, advised that another way of how industry can voluntarily participate is currently how they are participating through plans with the power companies. During high peak demand periods some industries have contract with the power companies to go ahead and shut down or reduce their production, thereby allowing extra energy to be available to the grid. They are asking the Board to do, as they asked City Council to do last night, is "put the horse before the cart" and go ahead and at least give them a chance, as a community to try and put the plan together. Supervisor Forrester advised that she had a question ofMr. Giraytys, as a member ofthe Air Quality Task Force. Jim Giraytys appeared before the Board at this time. Supervisor Forrester asked Mr. Giraytys to explain his earlier statement when rcferring to Councilman Schroth and a statement he made at last night's council meeting. Mr. Giraytys explained that just by trying to deal with it in the context of Winchester- Frederick County that the possibilities of reaching attainment were very difficult. He further advised of regardless of how the Board votes tonight, he would still try and work professionally with these people on whatever the Board's vote is. He feels there are some hard things that he would not want the Board to be blind sided by. He advised there are approximately 25,000 trucks roughly a day, that go up and down Route 1-81. That is expected, without any improvements whatsoever to 1-81, to double by the decade. If the truck standards are cut in half, and you double the number of trucks, we have gained absolutely zero. He further advised of the mechanisms that need to be put in place Minute Book Number 28 Board of Supervisors Regular Meeting of 12/17/02 381 in order for this to work. The regional effort, in his mind, is absolutely critical to being able to support any kind of improvement in the air quality. Dave Kollar advised that he would rather that we deal with this, it is real, it is not going away. He would like to see what differences we can make, and lead the way. Supervisor Forrester asked Director Barker ifhe was looking for the Board to move ahead with this tonight as far as some type of Regional Compact. Director Barker advised if we proceed with EAC tonight, then he would proceed to work with the Regional Office on the next steps. Chairman Shickle advised that he fully supports moving ahead with this project. The above motion was approved by the following reeorded vote: Riehard C. Shiekle - Aye W. Harrington Smith, Jr. - Aye Robert M. Sager - Aye Margaret B. Douglas - Aye Sidney A. Reyes - Aye Lynda J. Tyler - Aye Gina A. Forrester - Aye REOUEST FROM HOWARD SHOCKEY & SONS RE: REVIEW OF PROPOSED FISCAL IMP ACT ANALYSIS - APPROVED Administrator Riley advised information has been received from Don Shoekey, Jr., advising their analysis of the financial impaet on Frederiek County of the proposed Stephenson Village project is about 85% eomplete. He further advised the projeet eontinues to be positive even before proffers are eonsidered. He further advised Mr. Shockey believes it would be most beneficial for the Board of Supervisors to employ its own professional eonsultant(s) with a suitable baekground in local government finance to understand the construction of the model, and in fact, assist in its completion. Thereafter the consultant(s) could opine as to the validity ofthe model and address any questions the Board may have independent ofthe professional consultants employed by Shockey. Shockey will reimburse the county's cost related to the employment of its own professional consultants while they are reviewing or commenting on our project so that the County will not need to use any taxpayer funds for this purpose. Supervisor Tyler requested that whomever is employed that it be a company that is familiar with localities of like size. Supervisor Reyes advised that he felt this would be the role of the EDC. Minute Book Number 28 Board of Supervisors Regular Meeting of 12/17/02 382 Administrator Riley advised that he felt this was something close to the Board, and that they would want him to do it. Supervisor Forrester asked Administrator Riley ifhe was proposing that he would then come back before the Board with two or three different consultants, their names, and that the Board will make a selection from one of those. Administrator Riley advised his understanding was that he would be making the selection. Supervisor Forrester advised that with a project of this magnitude she would like to know a little bit about the firm that will be doing the fiscal impact model prior to the selection. Administrator Riley advised that we are not spending local dollars on this issue; we do not have to follow the competitive procurement process. Supervisor Sager moved to have Administrator Riley select the professional consultant(s) as referred to above. Supervisor Smith seconded the motion. The above motion was approved by the following recorded vote: Richard C. Shickle - Aye W. Harrington Smith, Jr. - Aye Robert M. Sager - Aye Margaret B. Douglas - Aye Sidney A. Reyes - Nay Lynda 1. Tyler - Aye Gina A. Forrester - Nay SANITATION AUTHORITY ADVISES BOARD THEY WILL NOT EXPLORE OR DRILL TEST WELLS UNTIL SEPTEMBER 2004 AS REOUESTED BY THE BOARD - PULLED FROM AGENDA COMMITTEE REPORTS PARKS AND RECREATION COMMISSION REPORT - APPROVED UNDER CONSENT AGENDA The Parks and Recreation Commission met on November 19, 2002. Members present were: Charles Sandy, Robert Hartman, Steven White, Cheryl Swartz, Joyce Goff, Lynda Tyler. Submitted for Board Information Only: New Business: 1. FY 2003-04 Department Bud\:et Request - The Commission unanimously agreed to approve the Department's 2003-04 budget submission (5-0). 2. Policy - Fee Waiver for Youth Sports Coaches - Mrs. Goff moved to approve the Fee Wavier Policy for Youth Sports Coaches, second by Mr. Hartman, carried unanimously (5-0). Minute Book Number 28 Board of Supervisors Regular Meeting of 12/17/02 383 3. Vir2inia Recreational Trails Grant - Mr. Hartman moved to endorse a grant application for the completion of a walking trail at Sherando Park, second by Mrs. Goff, carried unanimously (5-0). The recommendation will go to the Finance Committee and then to the Board of Supervisors for consideration. PUBLIC WORKS COMMITTEE REPORT - APPROVED UNDER CONSENT AGENDA The Public Works Committee met on Tuesday, November 26, 2002, at 8:00 a.m. All members were present. The following items were discussed: ***Items Not Requiring Action*** 1. Proposed Fiscal Year 2003/2004 Bud\:ets The Director of Public Works presented the proposed Fiscal Year 200312004 budgets associated with the public works department. A summary ofthe budgets is attached. The discussion included comments about the increased revenue associated with the inspection and engineering budgets, the elimination of the Mount Williams dumpster site included in the Refuse Collection budget and the potential for decreasing revenue associated with the ShawneeLand Sanitary District budget. A motion was made by George Ludwig and seconded by Jim Vickers to endorse the budgets as submitted. The motion was unanimously endorsed by the committee. The budgets will be submitted to the finance department on December 2, 2002. (Attachment #1) 2. Miscellaneous Reports a) Tonnage Report (see Attachment 2) b) Recycling Report (see Attachment 3) c) Animal Shelter Dog Report (see Attachment 4) d) Animal Shelter Cat report (see Attachment 5) FINANCE COMMITTEE REPORT The Finance Committee met in the First Floor Conference Room at 107 North Kent Street on November 20,2002 at 8:00 a.m. The committee approved items 2, 3, 4 and 6 under consent agenda. Committee Member Donald Butler was absent. Upon motion made by Supervisor Smith, seconded by Supervisor Sager, #'s 2,3,4, and 6 were approved under consent agenda by the following recorded vote: Richard C. Shickle - Aye W. Harrington Smith, Jr. - Aye Robert M. Sager - Aye Margaret B. Douglas - Aye Sidney A. Reyes - Aye Lynda 1. Tyler - Aye Gina A. Forrester - Aye 1. The Sheriff requests a General Fund supplemental appropriation in the amount of $11.680.07. This amount represents this department's share in a recent Sheriffs Sale for the sale of department vehicles. It is requested that this amount be appropriated to line item 3102-3004-000- 002 Repair and Maintenance - Vehicle. No additional local funds are needed. See attached memo, p. 1. The committee recommends approval. - Approved Upon motion made by Supervisor Smith, seconded by Supervisor Sager, the above request Minute Book Number 28 Board of Supervisors Regular Meeting of 12/17/02 384 was approved by the following recorded vote: Richard C. Shickle - Aye W. Harrington Smith, Jr. - Aye Robert M. Sager - Aye Margaret B. Douglas - Aye Sidney A. Reyes - Aye Lynda J. Tyler - Aye Gina A. Forrester - Aye 2. The Sheriff requests a General Fund supplemental appropriation in the amount of $ 1.293 .66. This amount represents this department's share in a recent forfeiture and is requested to be appropriated to line item 3102-5413-000-007 Forfeited Property - Surplus. No additional local funds are needed. See attached memo, p. 2. The committee recommends approval. - Approved Under Consent Agenda 3. The Regional Jail Superintendent requests a Regional Jail Fund supplemental appropriation in the amount of $6.979. This amount represents funds received from the Inmate Canteen Fund for teacher salaries. It is requested that this amount be appropriated to line item 3301- 5600-000-000 Contributions to Civic and Community. No additional local funds are needed. See attached memo, p. 3-4. The committee recommends approval. - Approved Under Consent Agenda 4. The Social Services Department requests a General Fund supplemental appropriation in the amount of$227 .901. This amount represents additional state funding for various programs. No additional local funds are needed. See attached memo, p. 5-6. The committee recommends approval. - Approved Under Consent Agenda 5. County staff wishes to discuss a $45 meal per diem as well as thc discontinuance of using county credit cards for meals. See attached per diem survey, p. 7. The committee recommends approval. Upon motion made by Supervisor Smith, seconded by Supervisor Sager, the above request was approved by the following recorded vote: Richard C. Shickle - Aye W. Harrington Smith, Jr. - Aye Robert M. Sager - Aye Margaret B. Douglas - Aye Sidney A. Reyes - Aye Lynda J. Tyler - Aye Gina A. Forrester - Aye 6. CLEAN, Inc. requests a General Fund supplemental appropriation in the amount of $65.000. This amount represents grant funds that were not budgeted. No additional local funds arc needed. The committee recommends approval. - Approved Under Consent Agenda 7. The Fire and Rescue Director requests General Fund budget transfers in the amount of $21.000. These transfers are needed to cover overtime expenses. No additional local funds are needed. The Fire and Rescue Director also discussed overtime and volunteer issues. See attached memo, p. 8-17. - Approved Upon motion made by Supervisor Smith, seconded by Supervisor Sager, the above request was approved by the following recorded vote: Richard C. Shickle - Aye W. Harrington Smith, Jr. - Aye Minute Book Number 28 Board of Supervisors Regular Meeting of 12/17/02 385 Robert M. Sager - Aye Margaret B. Douglas - Aye Sidney A. Reyes - Aye Lynda J. Tyler - Aye Gina A. Forrester - Aye Administrator Riley referred to the overtime issues discussed at last nights Fire & Rescue meeting. He advised the action taken at the meeting concerning the hiring of additional staff was defeated. The vote between the ten company representatives was 6 in favor of additional employees being hired, with the remaining four companies voting in the negative. The by-laws state the vote requires 2/3 to pass; therefore, it was defeated. Supervisor Smith stated that he feels this needs to be worked out, and they need to do this as a team, and stop the division. Supervisor Reyes suggested that all sides be given at least thirty days to work this out. Supervisor Smith advised that he did not feel it should be more than thirty days. Supervisor moved with Supervisor Smith, seconding the motion that there be a thirty day waiting period in order to try and get this matter resolved. The above motion was approved by the following recorded vote: Richard C. Shickle - Aye W. Harrington Smith, Jr. - Aye Robert M. Sager - Aye Margaret B. Douglas - Aye Sidney A. Reyes - Aye Lynda J. Tyler - Aye Gina A. Forrester - Aye ***For Information Only*** The Finance Director gave a report on fund balance. See attached memo, p. 18-19. RESIDENT ENGINEER JERRY COPP ADDRESSED THE BOARD RE EXIT RAMP #313 ON 1-81 VDOT Resident Engineer Jerry Copp, advised the Board that VDOT had erected two signs along 1-81, prior to exit #313, advising motorist of congested area ahead. He further advised this was being done in an effort to slow traffic down, and hopefully they would merge to the left lane. All of this is in response to the numerous accidents that have occurred at this location over the last several years, and especially during the last three or four months. Supervisor Forrester advised she had received a number of calls about the latest accidents and asked if there was anything that the County could do. She thanked Engineer Copp for his Minute Book Number 28 Board of Supervisors Regular Meeting of 12/17/02 386 efforts. Supervisor Tyler asked if there was any way the speed could be reduced in this particular area? Engineer Copp advising this was being looked into. OTHER PLANNING ITEMS SUBDIVISION WAIVER REOUEST FOR FOXE TOWNE PLAZA - APPROVED Assistant Planning Director Chris Mohn presented this request to the Board advising staff and Planning Commission recommended approval. Supervisor Reyes asked Resident Engineer Compo about the turn around and trucks. Engineer Compo advised due to this being residential he does not want it large enough for tractor-trailers to be able to turn around. Supervisor Tyler moved to approve this waiver request, with Supervisor Douglas seconding the motion. The above motion was approved by the following recorded vote: Richard C. Shickle - Aye W. Harrington Smith, Jr. - Aye Robert M. Sager - Aye Margaret B. Douglas - Aye Sidney A. Reyes - Nay Lynda J. Tyler - Aye Gina A. Forrester - Nay ROAD RESOLUTIONS (#028-02 and 029-02) - BERRY HILL SUBDIVISION, SECTION I, AND DOMINION KNOLLS SUBDIVISION, SECTION I, II, AND III - APPROVED UNDER CONSENT AGENDA BOARD OF SUPERVISORS COMMENTS Supervisor Sager addressed the Christmas Season and asked everyone to stop and take a few minutes to remember the spirit ofthe season and to especially give to those less fortunate, a helping hand if possible. Supervisor Forrester advised that she felt Tab 0 could have been worded a little differently as she had a number of citizens contact her advising they were a little confused as to what was being asked with this Tab. UPON MOTION MADE BY SUPERVISOR SMITH, SECONDED BY SUPERVISOR TYLER, THERE BEING NO FURTHER BUSINESS TO COME BEFORE THIS BOARD, Minute Book Number 28 Board of Supervisors Regular Meeting of 12/17/02 387 THIS MEETING IS HEREBY ADJOURNED. (TIME: 9:46 P.M.) \2---,,- Q__Q C_~L.-LL...; Richard C. Shickle Chairman, Board of Supervisors ~ Minutes Prepared By: !('L)~ I~' 'DO-t 1 .~0'" ~ Carol T. Bayliss Deputy Clerk, Board of Supervisors Minute Book Number 28 Board of Supervisors Regular Meeting of 12/17/02