HomeMy WebLinkAboutJune 10 2009 Regular Meeting363
A Regular Meeting of the Frederick County Board of Supervisors was held on
Wednesday, June 10, 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 Daniel Hess, Harvesters of Hope, delivered the invocation.
PLEDGE OF ALLEGIANCE
Vice - Chairman Ewing led the Pledge of Allegiance.
ADOPTION OF AGENDA - APPROVED
County Administrator John R. Riley, Jr. advised he had no changes or additions to the
agenda.
Upon a motion by Supervisor Dove, seconded by Vice - Chairman Ewing, the Board
approved the agenda 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:
- Request from Fire and Rescue Department Re: Mutual Aid Agreement with Morgan
County, West Virginia — Tab C;
- Public Works Committee Report — Tab D; and
- Request for Endorsement of NW Works (Northwestern Workshop) Application for
2009 Community Development Block Grant (CDBG) Funds — Tab H.
Upon a motion by Supervisor DeHaven, seconded by Supervisor Fisher, the Board
approved the consent agenda by the following recorded vote:
Richard C. Shickle Aye
Bill M. Ewing Aye
Minute Book Number 34
Board of Supervisors Regular Meeting of 06/10/09
364
Charles S. DeHaven, Jr. Aye
Gary W. Dove
Aye
Gene E. Fisher
Aye
Philip A. Lemieux
Aye
Gary A. Lofton
Aye
CITIZEN COMMENTS
Stephen Pettler, Stonewall District, appeared before the Board regarding the adoption of
the May 13, 2009 minutes. He noted the minutes had not been revised despite his objections.
He urged the Board to give his clients a "fair shake ". He went on to say he would be filing a suit
on behalf of his clients on June 13, 2009. He stated the resolution and findings are not stated in
the May 13, 2009 record. He concluded by asking that the minutes only state what was said on
the record.
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 May 13, 2009 Regular Meeting 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
Upon a motion by Supervisor Dove, seconded by Supervisor Lofton, the Board approved
the minutes from the May 27, 2009 Regular Meeting 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
DONALD HART PRESIDENT OF THE VIRGINIA ASSOCIATION OF
COUNTIES WACO, TO ADDRESS THE BOARD
Donald Hart, President of the Virginia Association of Counties, appeared before the
Board. He thanked the Board for the opportunity to speak and brought greetings from VACo
and the Accommack County Board of Supervisors. He went on to say he has put it upon himself
to visit each county in the state of Virginia. He explained he was trying to keep VACo a strong
Minute Book Number 34
Board of Supervisors Regular Meeting of 06/10/09
365
organization and he does not want any county left out. He stated he was proud no unfunded
mandates came out of Richmond this past legislative session and he was trying to get the
governor and future governors to veto any unfunded mandates that make it to their desk.
Chairman Shickle thanked Mr. Hart for coming and wished him a safe trip home.
COMMITTEE APPOINTMENTS
REAPPOINTMENT OF JAMES T. VICKERS TO THE BOARD OF BUILDING
APPEALS - APPROVED
Upon a motion by Supervisor Lofton, seconded by Supervisor Lemieux, the Board
reappointed James T. Vickers to the Board of Building Appeals. This is a five year term, said
term to expire June 26, 2014.
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
REQUEST FROM FIRE AND RESCUE DEPARTMENT RE: MUTUAL AID
AGREEMENT WITH MORGAN COUNTY, WEST VIRGINIA — APPROVED
UNDER CONSENT AGENDA
This is a request from the Fire and Rescue Department for approval of a Mutual Aid
Agreement between Frederick County and Morgan County, WV. This agreement is identical to
the agreements with Hampshire and Hardy Counties in West Virginia. The Morgan County
Commission reviewed and signed this agreement at their May 7, 2009 meeting.
This item was approved under the consent agenda.
COMMITTEE REPORTS
PUBLIC WORKS COMMITTEE REPORT — APPROVED UNDER CONSENT
AGENDA
The Public Works Committee met on Tuesday, May 26, 2009 at 8:00 a.m. A meeting of
the Green Advisory Committee immediately followed the public works committee meeting. All
members were present except Bob Wells. There were no items requiring board action. The
following items were discussed:
1. Response to Brown, Edwards, and Company, LLP
The public works director presented the comments and responses to the audit report
prepared by Brown, Edwards, and Company, LLP for the regional landfill operations.
Essentially, they made recommendations related to penalties for external waste, commercial
disposal rate, route sheets and statistical tracking of tonnage reports. Their recommendations
related to penalties for external waste and requirements for route sheets will be discussed with
the county attorney to ascertain a legal opinion. These specific opinions will be presented at the
next public works committee meeting. (Attachment 1)
Minute Book Number 34
Board of Supervisors Regular Meeting of 06/10/09
366
2. Elimination of County Decals
The committee reviewed a memorandum prepared by Gloria Puffinburger, Solid Waste
Manager, related to the impact that eliminating county decals could have on the operation of the
citizens' convenience sites. The attendants at our convenience sites currently use the decals as a
means of identifying citizens who are eligible to utilize our sites for trash disposal. The
memorandum references what other countries have experienced after eliminating the decals.
Based on this survey of other counties, staff is recommending that we proceed with the current
system without any sort of decals and only random checking using vehicle registrations as a
means of identifying residencies. (Attachment 2)
3. Update on Lake Cherokee Grouting Program
The foundation grouting under the Lake Cherokee Dam has been completed with a final
total cost of $812,088 and total grout placement of 2,097 cubic yards. Even though the
downstream leaks were not totally eliminated, we believe the grouting program did reduce the
leakage and stabilize the underlying foundation conditions. Consequently, Triad Engineering,
Inc., our engineer of record, sent a letter to the Department of Conservation and Recreation
(DCR) highlighting the results.
4. Miscellaneous Reports
a) Tonnage Report
(Attachment 3)
b) Recycling Report
(Attachment 4)
c) Animal Shelter Dog Report
(Attachment 5)
d) Animal Shelter Cat Report
(Attachment 6)
5. Green Advisory Committee Meeting
The minutes related to the green advisory committee meeting are included as attachment
7.
PUBLIC HEARING
PUBLIC HEARING - OUTDOOR FESTIVAL PERMIT REQUEST OF THOMAS
B. VANDEBERG — MIDSUMMER AT THE COVE. PURSUANT TO THE
FREDERICK COUNTY CODE, CHAPTER 86, FESTIVALS; SECTION 86 -3 C,
PERMIT REQUIRED; APPLICATION; ISSUANCE AND DENIAL; FOR AN
OUTDOOR FESTIVAL PERMIT. FESTIVALS TO BE HELD FRIDAY -
SUNDAY, JUNE 19, 20, & 21, 2009, FROM 8:00 A.M., FRIDAY, JUNE 19 UNTIL
3.00 P.M., SUNDAY, JUNE 21, ON THE GROUNDS OF THE COVE
CAMPGROUND, 980 COVE ROAD, GORE, VIRGINIA. PROPERTY OWNED
BY ALEXANDER, WILLIS, AND DANIEL MCDOWELL. - APPROVED
Administrator Riley advised this was an application for an outdoor festival permit for
Midsummer at the Cove, a mid - summer festival, to include live music, workshops, vendors,
dancing, etc., to be held June 19 -21, 2009. The event will run from 8:00 a.m., Friday, June 19 th ,
through 3:00 p.m., Sunday, June 21. Expected attendance will be in the range of 200 -250;
however, the applicant has made registrations available for up to 500 attendees. The event will
be held at The Cove Campground, 980 Cove Road, Gore, VA. The applicant will rent the
Minute Book Number 34
Board of Supervisors Regular Meeting of 06/10/09
367
grounds for the purposes of presenting this event. The applicant submitted a revised application
in response to concerns raised by the County Attorney. The changes include:
a. Item #12 has been changed to reflect the exact concluding time of the final
performance on Saturday, June 20.
b. Item #13 has been changed to reflect that no alcohol will be served at this event.
c. The applicant has foregone their previous plan to allow a section of the event to be
clothing optional. Patrons have been notified there will no longer be a clothing
optional area at this event.
d. Gore Volunteer Fire and Rescue Company was contacted, but the applicant has not
yet received their requested information.
e. The applicant is in the process of procuring a Frederick County business license.
He concluded by saying the applicant was present to answer any questions the Board might have.
Tom Vandeberg, applicant, stated he was present to answer any questions.
Chairman Shickle convened the public hearing.
There were no citizen comments.
Chairman Shickle closed the public hearing.
Upon a motion by Supervisor Lofton, seconded by Vice - Chairman Ewing, the Board
approved the outdoor festival permit application with the stipulation that all conditions put on the
permit be followed.
The above motion was approved by the following recorded vote:
Richard C. Shickle
Nay
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
PLANNING COMMISSION BUSINESS
PUBLIC HEARINGS
PUBLIC HEARING - CONDITIONAL USE PERMIT #03 -09 FOR CHARLES
HALE AND RUTH HALE, FOR A COUNTRY GENERAL STORE. THIS
PROPERTY IS LOCATED AT 7517 NORTHWESTERN PIKE (ON THE
CORNER OF ROUTE 259 AND 50), AND IS IDENTIFIED WITH PROPERTY
IDENTIFICATION NU MBER 27 -A -47 IN THE BACK CREEK MAGISTERIAL
DISTRICT. — RE- ADVERTISE FOR PUBLIC HEARING WITH
MODIFICATION TO CONDITION #6.
Zoning Administrator Mark Cheran appeared before the Board regarding this item. He
advised this was an application for a conditional use permit for a county general store with carry-
out food prepared on -site. The property is located in the Back Creek District and is zoned RA
Minute Book Number 34
Board of Supervisors Regular Meeting of 06/10/09
(Rural Areas) Zoning District. He went on to say a country general store is allowed in the RA
District with an approved conditional use permit. Zoning Administrator Cheran noted food
service would be carry -out only and there would be no seating for meals. The Planning
Commission recommended approval with the following conditions:
1. All review agency comments and requirements shall be complied with at all times.
2. An engineered site plan shall be submitted and approved by Frederick County and
implemented prior to operating store activities on the site.
3. One (1) monument sign shall be allowed on the property; sign shall be limited to fifty
(50) square feet in area. The sign shall not exceed ten (10) feet in height.
4. No on -site vehicle fuel sales allowed.
5. No outdoor display of goods.
6. Carry -out food only; no seating allowed for meals.
7. Any expansion or change of use will require a new Conditional Use Permit.
Zoning Administrator Cheran concluded by saying the applicant was present to answer any
questions the Board might have.
Supervisor Lofton asked Zoning Administrator Cheran if there could be picnic tables
placed outside.
Zoning Administrator Cheran responded no seating was allowed on the site at all.
Supervisor DeHaven asked if there were any existing zoning violations on the site.
Zoning Administrator Cheran responded no.
Gary Oates, GreyWolfe, Inc., advised when the application was submitted, they were
under the assumption there would be outdoor seating. He suggested condition number 6 be
changed to reference indoor seating, as it was their intention to not have indoor seating.
Supervisor Lofton asked if there was a limit to the number of seats the applicant wanted.
Mr. Oates responded they would be willing to limit it to one picnic table.
Chairman Shickle convened the public hearing.
Gary Holden, Back Creek District, stated he would like to see one picnic table allowed.
Chairman Shickle closed the public hearing.
Supervisor Lofton stated he did not have a problem with this request.
Supervisor Lofton moved to approve Conditional Use Permit #03 -09 with condition
number 6 to be amended to allow 2 picnic tables.
Minute Book Number 34
Board of Supervisors Regular Meeting of 06/10/09
369
Chairman Shickle asked for a legal and administrative interpretation since this was a
liberalization of the publication and not a restriction.
County Attorney Roderick Williams advised this item would need to be re- advertised
because the change creates a more intensive use.
Chairman Shickle asked that the desire to re- advertise be included with the motion and he
asked Supervisor Lofton if he was willing amend his motion to do that.
Supervisor Lofton responded yes.
Chairman Shickle asked if there was a second to the re- advertisement with Supervisor
Lofton's recommendation regarding condition #6.
The amended motion was seconded by Supervisor Dove.
Administrator Riley asked if the Board would consider a stipulation that the applicant pay
no additional fees for re- advertising.
The Board consensus was to not require the applicant to pay for re- advertisement.
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
PUBLIC HEARING - CONDITIONAL USE PERMIT #11 -08 FOR DIANA AND
ANDREW HIRSHFELD, FOR A CAMPGROUND. THESE PROPERTIES ARE
LOCATED OFF OF ROUTE 602 ON PADDY'S RUN ROAD AND ARE
IDENTIFIED WITH PROPERTY IDENTIFICATION NUMBERS 80 -1 -9 AND 80-
1-10 IN THE BACK CREEK MAGISTERIAL DISTRICT. - DENIED
Zoning and Subdivision Administrator Mark Cheran appeared before the Board regarding
this item. He advised the property was located off of Route 602 in the Back Creek Magisterial
District. The property is zoned RA (Rural Areas) Zoning District and its current land use is
vacant. The proposed conditional use permit application is consistent with the Comprehensive
Plan. The proposed campground will be constructed on two parcels totaling 22 acres. It will be
built in two phases. Phase I will contain the primary recreation and dining building that will
sleep a maximum of 25 people and will also contain the septic system, well, soccer pitch,
basketball court, swimming pool, and parking area. Phase II will include three cabins with an
overall capacity of 25 people along with a main office building. This conditional use permit was
Minute Book Number 34
Board of Supervisors Regular Meeting of 06/10/09
370
reviewed by the Planning Commission, which recommended approval with the following
conditions:
1. All review agency comments and requirements shall be complied with at all times.
2. An engineered site plan showing all improvements shall be submitted to and
approved by Frederick County prior to operation of this use.
3. One non - illuminated monument business sign shall be allowed on the property; sign
shall be limited to 25 square -feet in area. The sign shall not exceed ten feet in height.
4. All athletic and event facilities are for campers' use only.
5. Campground shall be limited to 40 people at any one time.
6. No organized outdoor activities after 10:00 p.m., nightly.
7. No recreational vehicles allowed on the premises.
8. No operations during hunting season, typically October 1 through January 31.
9. No lighted athletic fields.
10. Any expansion or modification of this use shall require approval of a new conditional
use permit.
Since Planning Commission approval, the applicant has requested the following modifications
and an additional condition:
5. Campground shall be limited to 25 campers and counselors at any one time.
8. No camp operations during firearm hunting season for the months of October 1
through January 31.
10. Campground to be used for no more than 100 days in any calendar year.
He concluded by saying Mr. Ben Butler was present on behalf of the applicant.
Ben Butler, Attorney, appeared before the Board on behalf of the applicant. He advised
the applicant did try to work out this situation and did the best they could to make both sides
happy; however, they were unable to do that. He asked the Board to consider that the Planning
Commission gave a fair hearing to the residents and the Hirshfelds and ultimately recommended
approval. He went on to say the Planning Commission's recommendation should not be taken
lightly. Mr. Butler noted the applicant restricted the operation of the camp to 100 days per year.
If this conditional use permit is approved, the applicant still has to go through the site plan
process and address buffering requirements. He went on to say the residents are concerned about
traffic and buffering for this site. He concluded by saying the Star Tannery community was
against this application because they did not want "outsiders" coming in.
Minute Book Number 34
Board of Supervisors Regular Meeting of 06/10/09
1371
Supervisor Lemieux asked Mr. Butler if his clients know this is a conditional use permit
and not a rezoning, and if it is approved and they are found to be violating any of the conditions
then the permit can be revoked.
Mr. Butler responded yes.
Chairman Shickle convened the public hearing.
Gary Holderman, Back Creek District, stated he was a member of the gun club that has
been there since the 1930's. He was worried about people complaining about the shooting taking
place on the property and he was concerned about visitors to the camp bringing their attitudes
about his way of life. He asked the Board to vote no on this application.
Wesley Rudolph, Back Creek District, reviewed the history of Star Tannery and stated
the community was based on farming and agriculture. He explained the residents strive to
preserve the history of Star Tannery. He went on to say this campground does not fit this
lifestyle or community and he urged the Board to vote no.
Robert Engle, Back Creek District, stated zoning was a contract between the landowners
and the government. He explained rural zoning's focus is the preservation of large parcels of
land, tree cover, scenic views, sensitive environmental areas, prime agriculture areas, and
significant soils. He went on to say the residents want to maintain the community's heritage and
history and this proposed camp is not a rural activity. He explained it would have a negative
impact on the residents' lifestyles and he also felt the proposed sports training camp did not meet
the goals and standards for approval of a conditional use permit. He cited Frederick County
Code Chapter 165, which specified the following conditional use permit goal "must consider
health, safety, and welfare of the residents of the county and to avoid impacts on surrounding
property." He concluded by saying the soccer field, basketball court, etc. do not fit the rural
environment and urged the Board to vote no.
Alicia Ramey, Back Creek District and member of the executive board who owns the
sportsman's property, stated she was opposed to this permit. She advised the club has owned
their property since the 1950's. She noted several reasons why she opposed this application,
including:
1. The proposed camp does not fit the character of the area.
2. The roads are narrow, windy, and often dangerous. This proposed use will increase
traffic on that road.
3. The water use associated with this camp may affect the area's water table.
Minute Book Number 34
Board of Supervisors Regular Meeting of 06/10/09
372
4. The proposed use will disturb wildlife migration patterns.
Geno Petowski, Back Creek District, stated this was the least disturbed area in the
valley. He noted no environmental impact study has been completed. He expressed concern
about the effects of this proposed use on wood turtles, plants, wood ducks, and other wildlife.
He noted part of the property may bee considered a marsh wetland. He went on to say the
increased traffic, noise, and lights would effect wildlife migration. He concluded by saying he
was also concerned about hunting near the proposed sports camp.
Rick Van Norton, Back Creek District, advised that he spent $10,000 to get water on his
property. He stated it was not practical that four well and sewer permits could serve that parcel.
He went on to say there was no mention in the application of the water needed to maintain the
swimming pool. He noted the area has been in a drought for the last two years and it did not
have the water to support this use.
Michael Nelson, Back Creek District, advised the Hampton cemetery, which contains
graves of veterans from the Civil War through Vietnam, is located within 200 feet of this
property and is still a usable cemetery. He went on to say a sports camp next to a cemetery was
not appropriate. He stated the liability insurance for adjoining property owners would increase if
this use is allowed. He advised that several different numbers regarding campers staying on site
have been stated. He wondered how profitable this use would be with lower numbers. He also
wanted to know who would ensure the numbers did not increase. He concluded by saying he
hoped the Board voted no on this application.
Diane Greco, Back Creek District, stated she would like the Board to vote no on this
application because of the environmental impacts of this use, particularly run -off to Cedar Creek.
Kirk Little, Back Creek District, advised the residents were here for one reason, they
love the area. He went on to say this was not an urban lifestyle and it seemed odd this camp was
being put here. He talked about the natural bowl topography of the site and stated this would
project sound, and many residents were concerned about noise. He went on to say he was
concerned about trash, dumpsters, rodents, as well as traffic and light pollution.
Mickey King, Back Creek District, advised that she lived across the street from the
proposed camp. She stated the camp does not belong here; it belongs in an area where it is
appreciated. She went on to say this is a rural area, so why do they need two camps in the area?
She noted Camp Paddy Run is already in the area and the residents "tolerate" it during the
Minute Book Number 34
Board of Supervisors Regular Meeting of 06/10/09
373
summer. She went on to say the residents do not want the sports camp and all they are asking for
is peace and quiet in the community. She concluded by saying she hoped the Board voted no on
this application.
Danny Pitcock, Back Creek District, expressed concern about the traffic impact of this
proposal. He stated there are not currently 600 vehicle trips per day in Star Tannery. He talked
about construction of the entrance to the proposed camp and asked if a commercial entrance
could be constructed on a road that is only 1 '/z cars wide. He went on to say there is no room for
equipment and vehicles to pass on Paddy Run Lane and this will be a problem for farmers in the
area.
Daryl Shifflett, Back Creek District, spoke regarding the Star Tannery Fire and Rescue
Department. He stated the Fire and Rescue Department is neutral on this issue, but he wanted to
give the Board a few facts regarding the department. He advised the Star Tannery station is not
manned 24 -hours a day, 7 days a week, has no paid staff, and the second due stations are
Middletown and Strasburg; therefore, response times for emergencies could be delayed. He
went on to say that 50% of the company's funding is generated through fund raising efforts,
while the remaining 50% is based upon a census head count. He noted this proposed sports
camp is an invisible head count. He concluded by urging the Board to vote no on this
application.
John Kline, President of the Star Tannery Community Preservation Association, stated
the proposed campground would impact adjoiners and would devalue their land. He went on to
say he was not sure how many other cars would be out there, but there would be increased traffic
on pick -up and drop -off days. The increased traffic would require continuous maintenance to the
roads. He also expressed concern about the irrigation needed to maintain the soccer fields. He
went on to say the proposal would affect the character of the area and impact the infrastructure.
He believed the proposal did not meet five of the six requirements for a conditional use permit
and there was no benefit to the community. He concluded by saying he wished the Board would
vote no on this application.
Pat King, Back Creek District, advised she lived across the road from the proposed
camp. She stated this was the wrong location for a camp, as there were 25 to 30 houses along the
road that would be affected. She noted this proposal would place an additional burden on the
rescue squad, as there have already been several accidents in the area. She went on to say there
Minute Book Number 34
Board of Supervisors Regular Meeting of 06/10/09
374
would be an additional burden on the police department as they will have to deal with trespassing
complaints. The trash generated by this use would encourage bears to hang around. She
concluded by urging the Board to please vote no.
Daryl Shifflett, Back Creek District, state he chose to move to Star Tannery because of
the rural and agricultural nature of the area and he would hate to think this use would be allowed
in the area.
John Kline, Back Creek District, advised that he tried to meet with Mr. Butler and Mr.
Hirshfeld. A meeting was scheduled for November 5, 2008, but Mr. Hirshfeld cancelled and
never rescheduled; therefore, the applicant never met with the residents.
Geno Petowski, Back Creek District, advised he was a school bus driver and during the
summer he would haul special needs children to Grafton. He expressed concern about increased
traffic on the roads and how that would affect his ability to safely operate his bus.
There being no further comments, Chairman Shickle closed the public hearing.
Supervisor Lofton thanked the residents for coming out. He stated that hearing their
concerns helped him through this process and the residents helped put things into focus. He
applauded the Hirshfeld's for their entrepreneurial spirit and he hoped they would continue in
that vein. Supervisor Lofton reiterated that the Star Tannery Fire and Rescue Department was
not manned 24/7, so emergency response would be hampered. He went on to say Mr. Engle
made the same points he would make. A conditional use permit should not change the character
of the area. A conditional use permit should not impact the use of surrounding properties, and it
should be in accord with the policies expressed in Star Tannery as a rural community center.
Upon a motion by Supervisor Lofton, seconded by Vice - Chairman Ewing, the Board
denied Conditional Use Permit #11 -08.
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
OTHER PLANNING ITEMS
SUPPORT OF COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) FOR
NW WORKS (NORTHWESTERN WORKSHOP) — APPROVED UNDER
CONSENT AGENDA
Minute Book Number 34
Board of Supervisors Regular Meeting of 06/10/09
375
There is a grant opportunity available through the Virginia Department of Housing and
Community Development (DHCD) that could assist NW Works with their construction financing
needs. The grant deadline is June 12, 2009. DHCD has advised that NW Works could qualify
for up to $1 million through the Community Development Block Grant — Recovery (CDBG -R)
program. Key criterion to receive the grant funding is that qualifying projects be ready for
construction, issuing construction contracts within 120 days of grant approval, and be under
construction by December 15, 2009. NW Works has stated its project is "shovel- ready ", would
satisfy the aggressive construction schedule and their mission is an excellent example of a
community- oriented program, which this grant opportunity seeks to fund. County staff,
partnering with the staff of the Northern Shenandoah Valley Regional Commission, is preparing
the formal grant application. It is anticipated the County will make application for the funds
with the NSVRC offering grant management and administrative services. No county funds are
necessary. Staff is seeking Board endorsement and authorization to submit the CDBG -R
application for NW Works.
This item was approved under the consent agenda.
BOARD LIAISON REPORTS
There were no Board liaison reports.
CITIZEN COMMENTS
There were no citizen comments.
BOARD OF SUPERVISORS COMMENTS
Supervisor Lemieux advised that tonight begins the various graduation ceremonies for
the county schools. He noted there will be approximately 900 graduates this year.
Supervisor Dove advised the Economic Development Commission wished to take a
position regarding the proposed move of the Winchester mail sorting facility to Dulles.
The Board consensus was to allow the Commission to take action relative to this
proposed move.
Chairman Shickle advised that he met with the City Council President and discussed
holding an upcoming joint meeting between the City Council and the Board. More information
will be forthcoming.
ADJOURN
Minute Book Number 34
Board of Supervisors Regular Meeting of 06/10/09
376
UPON A MOTION BY SUPERVISOR EWING, SECONDED BY SUPERVISOR
DOVE, THERE BEING NO FURTHER BUSINESS TO COME BEFORE THIS BOARD,
THIS MEETING IS HEREBY ADJOURNED. (8:45 P.M.)
� I ! • •
Richard C. Shickle
Chairman, Board of Supervisors
J .Rile , J
erk, Board of Supervisors
Minutes Prepared By:
Jay E. i s
Deputy Clerk, Board of Supervisors
Minute Book Number 34
Board of Supervisors Regular Meeting of 06/10/09