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HomeMy WebLinkAboutJuly 22 2009 Regular Meeting003 A Regular Meeting of the Frederick County Board of Supervisors was held on Wednesday, July 22, 2009, at 6:15 P.M., in the Board of Supervisors' Meeting Room, 107 North Kent Street, Winchester, Virginia. PRESENT Chairman Richard C. Shickle; Vice - Chairman Bill M. Ewing; Charles S. DeHaven, Jr.; Gary W. Dove; Gene E. Fisher; Philip A. Lemieux; and Gary A. Lofton. CALL TO ORDER Chairman Shickle called the meeting to order. BOARD RETIRED INTO CLOSED SESSION Upon a motion by Vice - Chairman Ewing, seconded by Supervisor DeHaven, the Board convened in Closed Session pursuant to Code of Virginia, 1950, as Amended, Section 2.2 -3711 A (1) to discuss personnel. 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 BOARD RECONVENED INTO REGULAR SESSION Upon a motion by Vice - Chairman Ewing, seconded by Supervisor DeHaven, the Board came out of closed session and reconvened in Regular Session. 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 Upon a motion by Vice - Chairman Ewing, seconded by Supervisor DeHaven, the Board certified that to the best of each board member's knowledge the Board discussed only matters involving personnel, pursuant to Virginia Code Section 2.2. -3711 A (1). 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 Minute Book Number 35 Board of Supervisors Regular Meeting of 07/22/09 004 Gene E. Fisher Aye Philip A. Lemieux Aye Gary A. Lofton Aye INVOCATION Supervisor Fisher 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 additions or changes to the agenda. Upon a motion by Supervisor Dove, seconded by Supervisor Fisher, 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: - Northwestern Community Services Board— Review of Fiscal Year 2010 Performance Contract — Tab E; - Parks and Recreation Commission Report — Tab G; and - Public Works Committee Report — Tab H. Upon a motion by Vice - Chairman Ewing, seconded by Supervisor Lofton, the Board approved the consent agenda by the following recorded vote: Richard C. Shickle Bill M. Ewing Charles S. DeHaven, Jr. Gary W. Dove Gene E. Fisher Philip A. Lemieux Gary A. Lofton Aye Aye Aye Aye Aye Aye Aye CITIZEN COMMENTS There were no citizen comments. BOARD OF SUPERVISORS COMMENTS There were no Board of Supervisors' comments. Minute Book Number 35 Board of Supervisors Regular Meeting of 07/22/09 005 MINUTES - APPROVED Upon a motion by Supervisor Dove, seconded by Supervisor DeHaven, the Board approved the minutes from the June 24, 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 EMPLOYEE OF THE MONTH: JUNE AND JULY 2009 — (RESOLUTION #'S 001 -09 and 002 -09) - APPROVED Upon a motion by Supervisor Dove, seconded by Supervisor Fisher, the Board approved Holly A. Grim as Employee of the Month for June 2009. RESOLUTION ( #001 -09) TO RECOGNIZE THE FREDERICK COUNTY EMPLOYEE OF THE MONTH — JUNE, 2009 Holly A. Grim WHEREAS, the Frederick County Board of Supervisors recognizes that the County's employees are a most important resource; and, WHEREAS, on September 9, 1992, the Board of Supervisors approved a resolution which established the Employee of the Month award and candidates for this award may be nominated by any County employee; and, WHEREAS, the Board of Supervisors selects one employee from those nominated, based on the merits of outstanding performance and productivity, positive job attitude and other noteworthy contributions to their department and to the County; and, WHEREAS, Holly A. Grim who serves as Assistant Shelter Manager with the Esther Boyd Animal Shelter was nominated for Employee of the Month; and, WHEREAS, in May 2009, Frederick County Sheriff's department executed a search warrant that quickly became a heartrending situation as 193 cats were discovered and confiscated. Transporting these helpless creatures to the safe and secure conditions at the shelter seemed like a never ending task as this event began on or about 2:00pm and continued on until about 1:00am that night. Ms. Grim, who was mentally and physically exhausted, successfully captured, removed and transported approximately 150 cats. The animal care and control fields are thankless professions at best, so we honor Ms. Grim for her compassion, dedication, and heroism as well as going way above and beyond the call of duty for the sake of the animals. NOW, THEREFORE BE IT RESOLVED, by the Frederick County Board of Supervisors this 22 "d day of July, 2009, that Holly A. Grim is hereby recognized as the Frederick County Employee of the Month for June 2009; and, BE IT FURTHER RESOLVED that the Board of Supervisors extends gratitude to Holly Grim for her outstanding performance and dedicated service and wishes her continued success in future endeavors. The above motion was approved by the following recorded vote: Minute Book Number 35 Board of Supervisors Regular Meeting of 07/22/09 006 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 Megan A. Moreland as Employee of the Month for July 2009. RESOLUTION ( #002 -09) TO RECOGNIZE THE FREDERICK COUNTY EMPLOYEE OF THE MONTH — JULY, 2009 Megan A. Moreland WHEREAS, the Frederick County Board of Supervisors recognizes that the County's employees are a most important resource; and, WHEREAS, on September 9, 1992, the Board of Supervisors approved a resolution which established the Employee of the Month award and candidates for this award may be nominated by any County employee; and, WHEREAS, the Board of Supervisors selects one employee from those nominated, based on the merits of outstanding performance and productivity, positive job attitude and other noteworthy contributions to their department and to the County; and, WHEREAS, Megan A. Moreland who serves as a Deputy /Animal Control with the Sheriff's Office was nominated for Employee of the Month; and, WHEREAS, in May 2009, Frederick County Sheriffs department executed a search warrant that quickly became a heartrending situation as 193 cats were discovered and confiscated. Transporting these helpless creatures to the safe and secure conditions at the shelter seemed like a never ending task as this event began on or about 2:00pm and continued on until about 1:00am that night. Ms. Moreland, who was mentally and physically exhausted, successfully captured, removed and transported approximately 150 cats. The animal care and control fields are thankless professions at best, so we honor Ms. Moreland for her compassion, dedication, and heroism as well as going way above and beyond the call of duty for the sake of the animals. NOW, THEREFORE BE IT RESOLVED, by the Frederick County Board of Supervisors this 22 day of July, 2009, that Megan A. Moreland is hereby recognized as the Frederick County Employee of the Month for July 2009; and, BE IT FURTHER RESOLVED that the Board of Supervisors extends gratitude to Megan Moreland for her outstanding performance and dedicated service and wishes her continued success in future endeavors. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Bill M. Ewing Aye Charles S. DeHaven, Jr. Aye Gary W. Dove Aye Gene E. Fisher Aye Philip A. Lemieux Aye Gary A. Lofton Aye COMMITTEE APPOINTMENTS Minute Book Number 35 Board of Supervisors Regular Meeting of 07/22/09 007 APPOINTMENT OF PHILIP A. LEMIEUX AS FREDERICK COUNTY REPRESENTATIVE TO PEOPLE INCORPORATED OF VIRGINIA BOARD OF DIRECTORS — CONDITIONALLY APPROVED Upon a motion by Vice - Chairman Ewing, seconded by Supervisor Lofton, the Board appointed Supervisor Philip Lemieux as Frederick County's representative to the People Incorporated of Virginia Board of Directors contingent upon receiving additional information regarding participation in their meetings. 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 APPOINTMENT OF CHARLES TRIPLETT AS PLANNING COMMISSION REPRESENTATIVE TO THE CONSERVATION EASEMENT AUTHORITY - APPROVED Upon a motion by Supervisor DeHaven, seconded by Supervisor Dove, the Board appointed Charles Triplett as the Planning Commission representative to the Conservation Easement Authority. This is a three year term, said term to expire August 24, 2012. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Bill M. Ewing Aye Charles S. DeHaven, Jr. Aye Gary W. Dove Aye Gene E. Fisher Aye Philip A. Lemieux Aye Gary A. Lofton Aye REQUEST FROM THE COMMISSIONER OF THE REVENUE FOR REFUNDS APPROVED Administrator Riley advised this was a request from the Commissioner of the Revenue for the following refunds: Stonebrook Swim & Racquet Club in the amount of $9,571.82; and Smith Management Construction, Inc. in the amount of $5,140.84. The county attorney has reviewed the requests and the refunds appear to be justified. Upon a motion by Vice - Chairman Ewing, seconded by Supervisor Fisher, the Board approved the refund request for Stonebrook Swim & Racquet Club in the amount of $9,571.82. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Minute Book Number 35 Board of Supervisors Regular Meeting of 07/22/09 008 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 Vice - Chairman Ewing, seconded by Supervisor DeHaven, the Board approved the refund request for Smith Management Construction, Inc. in the amount of $5,140.84. 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 NORTHWESTERN COMMUNITY SERVICES BOARD — REVIEW OF FISCAL YEAR 2010 PERFORMANCE CONTRACT — APPROVED UNDER CONSENT AGENDA The Board reviewed the Northwestern Community Services Board's contract for FY 2009, which reflected allocated Federal, State, and local funds, and other reimbursements to be received along with projected care and treatment in FY 2009. This item was approved under the consent agenda RESOLUTION ( #003 -09) RE: OPPOSITION TO PROPOSED STORMWATER REGULATION CHAPTERS I, II, III, AND XIII - APPROVED Administrator Riley advised the proposed resolution originated out of the Public Works Committee. The resolution opposes the new storm water management regulations 4VAC50 -60 sections I, II, III, and XIII. Upon a motion by Supervisor Fisher, seconded by Supervisor Dove, the Board approved the resolution opposing the proposed stormwater regulation chapters I, II, III, and XIII. WHEREAS, the Frederick County Board of Supervisors recognizes its responsibility to the state's watersheds and desires to protect its lands and waterways from the degradation of urban runoff; and WHEREAS, the new stormwater standards constitute an unfunded mandate, which places a financial burden on already fiscally stressed localities. Through the costs of developing - a new stormwater program, as well as the required long -term maintenance and inspection of Best Management Practices, the county will incur new costs, which will not be offset by the proposed permit fees in Part XIII; and WHEREAS, the proposed phosphorus standard of .28 pounds per acre per year for new development is unduly restrictive and will greatly affect design and development of new sites; and Minute Book Number 35 Board of Supervisors Regular Meeting of 07/22/09 009 WHEREAS, the County requests additional evaluation of the full impact of this standard prior to implementation; and WHEREAS, implementation of the new standard will severely limit development in the urban areas; and WHEREAS, the proposed regulation will further promote urban sprawl as land developers seek out larger lots. The proposed standard will be more easily achieved on less developed properties; NOW, THEREFORE, BE IT RESOLVED, that Frederick County strongly recommends that the regulation, as proposed, not be adopted, rather the standards be more thoroughly studied and realistic standards adopted; and BE IT FURTHER RESOLVED, that the County requests that the Commonwealth of Virginia provide funding assistance to all localities for the development of comprehensive storm water programs; and BE IT FURTHER RESOLVED, that a copy of this resolution opposing this unfunded mandate be sent to each county located within the Commonwealth of Virginia, the Virginia Association of Counties, Governor Kaine, our state and federal representatives, the Director of the Virginia Department of Conservation and Recreation, and the Secretary of the Environmental Protection Agency. ADOPTED this 22nd day of July, 2009. Supervisor Fisher stated the resolution lists all of the points very well and he had encountered similar issues with the Frederick - Winchester Service Authority. He noted there was a lack of scientific and technical back up supporting the proposed regulations. He concluded by saying the State was getting the "cart before a whole herd of horses on this." Chairman Shickle stated he would like to the State to estimate the gross revenue to be received from this program. There being no further discussion, the motion approving the resolution was approved by the following recorded vote: Richard C. Shickle Aye Bill M. Ewing Aye Charles S. DeHaven, Jr. Aye Gary W. Dove Aye Gene E. Fisher Aye Philip A. Lemieux Aye Gary A. Lofton Aye COMMITTEE REPORTS PARKS AND RECREATION COMMISSION REPORT — APPROVED UNDER CONSENT AGENDA The Parks and Recreation Commission met on June 16, 2009. Members present were: Charles Sandy, Jr., P. W. Hillyard, I11, Patrick Anderson, Gary Longerbeam, Jeffrey Butler, and Philip Lemieux. Items Requirina Board of Supervisors Action 1. Clearbrook Volunteer Fire & Rescue Easement Request — The Buildings and Minute Book Number 35 Board of Supervisors Regular Meeting of 07/22/09 A�I�J Grounds Committee recommended the Board of Supervisors conduct a public hearing on and approve, following the public hearing, the conveyance of an easement of approximately 8,000 square feet at Clearbrook Park to Clearbrook Volunteer Fire & Rescue. The easement would be on tax map 33- A -162A and 33- A -162B. The Committee also recommends that payment for the easement shall be equal to 25% of the appraised value of the affected land and that construction should not disrupt park activities. The motion was made by Mr. Longerbeam, seconded by Mr. Hillyard, carried unanimously (5 -0). Parks and Recreation Interim Director Jason Robertson submitted a memo to the Board requesting postponement of this item until a detail plat of the proposed easement is received I ---- from Clearbrook Fire and Rescue. Submitted for Board Information Only None PUBLIC WORKS COMMITTEE REPORT — APPROVED UNDER CONSENT AGENDA The Public Works Committee met on Tuesday, June 30, 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 George Ludwig. There were no items requiring board action. The following items were discussed: ** *Items Requiring Action * ** 1. Update on Stormwater Ordinance Mr. Joe Wilder, deputy director of public works, presented the committee with an update on the current status of the new stormwater ordinance being proposed by the Virginia Department of Conservation and Recreation. His update is summarized in the attached letter dated June 26, 2009. Mr. Wilder indicated that he will be attending a public hearing held in Staunton, Virginia on July 1, 2009. After that meeting, he will prepare a resolution for the board of supervisors' review and action. This approach was unanimously endorsed by the committee. (Attachment 1) ** *Items Not Requiring Action * ** 1. Closed Session A closed session was convened in accordance with the Code of Virginia §2.2 -3711 Subsection A, (3), Acquisition and Disposition of Real Estate. After reconvening into regular session, the committee unanimously certified that only items covered under the above section were discussed in the closed session. 2. Request from ShawneeLand Sanitary District Advisory Committee (SSDAC) for a Supplemental Appropriation The committee reviewed a request from the chairman of the SSDAC for a supplemental appropriation in the amount of $4,900 to cover the cost of beach security for Friday, Saturday, and Sunday. After discussing the issue at length, the committee unanimously endorsed the request. The request will be forwarded to the finance committee for their review and action. (Attachment 2) 3. Miscellaneous Reports a. Tonnage Report (Attachment 3) b. Recycling Report (Attachment 4) Minute Book Number 35 Board of Supervisors Regular Meeting of 07/22/09 Oil c. Animal Shelter Dog Report (Attachment 5) d. Animal Shelter Cat Report (Attachment 6) 4. Green Advisory Committee Meeting The minutes related to the green advisory committee meeting are included as attachment. The Green Advisory Committee was introduced to new member Tom Crisman from Frederick County Public Schools. Mr. Crisman shared FCPS energy measurement efforts resulting in 6% decrease in energy use derived from occupant behaviors. Mr. Crisman indicated a willingness to work with the GAC to coordinate efforts between the County and Schools. Energy efficiency policy recommendations reviewed by the GAC include: (1) Monitoring monthly energy use, (2) Immediate implementation of energy efficiency measures with a calculated payback of < (less than) one year, (3) the establishment of a revolving energy fund, and (4) property tax break for low or zero net energy buildings in the County. TRANSPORTATION COMMITTEE REPORT- APPROVED The Transportation Committee met on June 22, 2009 at 8:30 a.m. Members Present Chuck DeHaven (voting) Phil Lemieux (voting) Dave Burleson (voting) James Racey (voting) George Kriz (liaison PC) Gary Oates (liaison PC) Lewis Boyer (liaison Stephens City) Members Absent Mark Davis (liaison Middletown) ** *Items Requiring Action * ** 1. TIA Standards As directed by the Committee, staff coordinated with the Top of Virginia Builders Association on the final language item of concern. The attached draft contains the language that was agreed upon. The Committee accepted the language changes and was complimentary of the cooperation and assistance provided by the Top of Virginia Builders Association. On a motion by Phil Lemieux, seconded by James Racey, the Committee voted to recommend adoption of the policy to the Board of Supervisors and to further recommend that appropriate updates be made to the ordinance referencing the new TIA policy. Traffic Impact Analysis Standards Draft 6 06/15/2009 A Traffic Impact Analysis (TIA) may be required to allow County Officials and staff the opportunity to assess the impact of a proposed development. The TIA should provide sufficient information to allow this assessment to take place. Any application that includes a TIA, which does not meet the standards herein, shall not be considered complete. When a TIA is required Any action that meets the thresholds outlined in the Virginia Department of Transportation Chapter 527 regulations shall require a TIA (see attached VDOT table). Additionally, Frederick County may choose to require a TIA under the following scenarios; 1. All rezoning will require a TIA unless waived by Planning Staff. Minute Book Number 35 Board of Supervisors Regular Meeting of 07/22/09 012 2. TIA's for Master Plans will be held to the VDOT Chapter 527 standard for Subdivision Plat, Site Plan, or Plan of Development. 3. Any other proposed action (other than site plan) that has not been previously approved by the County and is expected to generate 100 or more residential vehicle trip ends in the peak hours or 250 commercial vehicle trips in the peak hour, where a TIA has not been completed for a similar or greater trip generation. Additionally, staff may require a TIA on corridors experiencing significant congestion or safety concerns. 4. A change in use that has not been previously approved by the County and, while not resulting in greater trip generation, results in a significant change in trip demographics or peak travel times resulting in an unstudied impact on the transportation system as determined by VDOT or the County. Process and Report Requirements 1. Submit a determination form to Planning Staff which will be used to determine whether the project requires a TIA or a VDOT Chapter 527 submittal. 2. Each TIA will be required to undergo a formal scoping meeting with VDOT and County Staff. The applicant shall be responsible for scheduling the scoping meeting with the above agencies. A re- scoping meeting will not be required in the event that one of the agencies is absent. 3. Each submittal must include the following: a. All required VDOT copies and payment to VDOT for Chapter 527 submittal. b. All items on the checklist which can be found in the Traffic Impact Analysis Regulations Administrative Guidelines published by VDOT in September 2007. (Utilize the subdivision plat or site plan package checklist for master plans). c. One paper copy (or PDF on CD) and one CD with modeling files. If submitting PDF of the report, both report and modeling files may be on the same CD. d. Planning Staff will distribute all copies to VDOT for review within ten business days and will provide comments and or approval of the TIA within four weeks of submittal. 4. Each TIA must include the following: a. An executive summary which summarizes the development; significant findings of the TIA; and results of proposed mitigation b. Sections on existing traffic, existing traffic with design year background traffic, existing traffic with design year background and development generated traffic. In certain situations, it may be appropriate to eliminate some of the above scenarios or to have other scenarios included; the Planning Staff in concert with VDOT are entitled to make modifications at the scoping meeting. c. The TIA must include all proposed access points, with details about access type. d. Accident Data for the most recent three -year period to include accident type and severity if readily available from the State Police. e. Appendices that include output report sheets from the analysis software, grouped according to location. f. Planning Staff and/or VDOT may require additional analysis, required by the uniqueness of each development. Minute Book Number 35 Board of Supervisors Regular Meeting of 07/22/09 013 Technical Details 1. Trip generation must be determined using the most recent addition of the ITE Trip Generation Report unless a variance is granted by VDOT or the Planning Staff. Only trip generation methodology approved by VDOT and Planning Staff may be used. 2. The TIA must depict the maximum traffic generated by the proposed zoning as determined by the Planning Staff. If the proposed proffers limit the development activities to uses that produce equal or less traffic, a less than maximum impact may be used. 3. The applicant may include other applicable scenarios in their presentation to the Board of Supervisors and /or Planning Commission. 4. Existing signal timings provided by VDOT must be used for existing conditions. However, where existing signal timings are not operating optimally as demonstrated by the applicant and agreed to by VDOT, an improved signal timing plan may be used if that plan is provided by the applicant. 5. Level of Service (LOS) must be considered for all signalized movements and approaches and shown graphically in the report. 6. When level of service does not meet the requirements of the Comprehensive Plan, the report must include suggested improvements that would mitigate the impacts of the development as required by the Comprehensive Plan. 7. When a new signal is proposed, arterial level of service must be analyzed, including a signal progression analysis if warranted. 8. When conditions of existing or existing with background scenarios result in a level of service F, additional analysis must be completed, including development traffic to determine the impacts of the new development. Items to include in this comparison are intersection capacity utilization, changes in delays, queue lengths, and vehicle to capacity ratio. Upon a motion by Supervisor DeHaven, seconded by Supervisor Lemieux, the Board adopted the Traffic Impact Analysis policy and authorized appropriate updates be made to the ordinances to reflect this new policy. Chairman Shickle asked if staff were to waive the traffic impact analysis requirement would there be a statement in the application. Deputy Director of Planning — Transportation John Bishop responded yes a form would be completed. Chairman Shickle cited item 4d and asked if the Board and/or staff would still act on the application if comments were not received from VDOT within the time allotted. Deputy Director Bishop responded yes. There being no further discussion, the above motion was approved by the following recorded vote: Richard C. Shickle Aye Bill M. Ewing Aye Minute Book Number 35 Board of Supervisors Regular Meeting of 07/22/09 014 Charles S. DeHaven, Jr. Aye Gary W. Dove Aye Gene E. Fisher Aye Philip A. Lemieux Aye Gary A. Lofton Aye ** *Items Not Requiring Action * ** 2. Tiger Grants Opportunity Staff presented the following to the Committee. Attached please find the federal register notice regarding the Department of Transportation TIGER grants. The Tiger Grant is $1.5 billion in additional stimulus funding for transportation that will be awarded on a discretionary basis. The grant awards are to be between $20 and $300 million, though there is a waiver for smaller projects. Staff will be coordinating with the County Administrator's office and any other pertinent agencies to develop a number of applications in keeping with Frederick County transportation priorities such as Route 37. Applications for your review and recommendation to the Board of Supervisors will be presented at the July meeting of the Transportation Committee. The application deadline is September 15. 3. Update on Inland Port Traffic Staff updated the Committee that they had recently conducted a site visit and inspection of Double Church Road with VDOT staff to determine the appropriateness of a truck restriction. A number of options were discussed, including putting a weight restriction on the roadway and doing a truck restriction. VDOT staff present at that meeting felt that the truck restriction would be appropriate. The Committee discussed a number of issues surrounding the truck traffic on Double Church Road, including trying to determine why trucks would be using that road instead of -- Route 277 to Route 522. Staff noted that when VDOT was doing maintenance work on the road, the construction zone flaggers were instructed to ask truck drivers that came through why they were using this roadway. The majority answered that they were being routed that way by dispatchers. The Committee has requested staff solicit feedback from local and state police as well as Inland Port Authorities. The Committee has also requested traffic count and accident data. 4. Article Review 5. Other Staff noted that a number of work items are upcoming, including the Revenue Sharing Program Application and the Interstate, Primary, and Secondary Road plans. FINANCE COMMITTEE REPORT The Finance Committee met in the First Floor Conference Room at 107 North Kent Street on Wednesday, July 15, 2009 at 8:00 a.m. Member Stephen Swiger was absent. Item 4 was approved under consent agenda. Upon a motion by Vice - Chairman Ewing, seconded by Supervisor DeHaven, the Board approved the consent agenda by the following recorded vote: Richard C. Shickle Aye Bill M. Ewing Aye Charles S. DeHaven, Jr. Aye Gary W. Dove Aye Minute Book Number 35 Board of Supervisors Regular Meeting of 07/22/09 Gene E. Fisher Aye Philip A. Lemieux Aye Gary A. Lofton Aye 1. The Public Works Director requests an FY 2010 ShawneeLand Fund supplemental appropriation in the amount of $10,000 This is a carry forward from FY 2009 to continue repairs to trails. See attached memo, p. 1. The committee recommends approval. - Approved Upon a motion by Vice - Chairman Ewing, seconded by Supervisor Lofton, the Board approved the above request by the following recorded vote: Richard C. Shickle Aye Bill M. Ewing Aye Charles S. DeHaven, Jr. Aye Gary W. Dove Aye Gene E. Fisher Aye Philip A. Lemieux Aye Gary A. Lofton Aye 2. The Public Works Director requests an FY 2010 General Fund supplemental appropriation in the amount of $15,600 This amount represents grant funds awarded by the VA Department of Conservation and Recreation. See attached memo, p. 2. The committee recommends approval. - Approved Upon a motion by Vice - Chairman Ewing, seconded by Supervisor DeHaven, the Board approved the above request by the following recorded vote: Richard C. Shickle Aye 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 3. The NRADC Superintendent requests an FY 2010 Jail Fund supplemental appropriation in the amount of $52,330 to hire a Pretrial Services Investigator /Case Manager. Grant dollars will be used to fund this position. No additional local funds needed. See attached memo, p. 3 -14. The committee recommends approval. - Approved Upon a motion by Vice - Chairman Ewing, seconded by Supervisor DeHaven, the Board approved the above request by the following recorded vote: Richard C. Shickle Aye Bill M. Ewing Aye Charles S. DeHaven, Jr. Aye Gary W. Dove Aye Gene E. Fisher Aye Philip A. Lemieux Aye Gary A. Lofton Aye 4. The Sheriff requests an FY 2009 General Fund supplemental appropriation in the amount of $1.789 This amount represents a donation and DARE reimbursements. No local funds needed. See attached memo, p. 15 -16. — Approved Under Consent Agenda 5. The EDC Director requests a combination of General Fund budget cuts and carry_ forward funds to equal the $108,000 less the County will be receiving from the City of Winchester for their EDC contribution and ozone study. See attached memo, p. 17. The committee recommends approval. - Approved Minute Book Number 35 Board of Supervisors Regular Meeting of 07/22/09 010 Upon a motion by Vice - Chairman Ewing, seconded by Supervisor Dove, the Board approved the above request by the following recorded vote: Richard C. Shickle Aye Bill M. Ewing Aye Charles S. DeHaven, Jr. Aye Gary W. Dove Aye Gene E. Fisher Aye Philip A. Lemieux Aye Gary A. Lofton Aye 6. The Planning Director requests an FY 2010 General Fund supplemental appropriation in the amount of $395,000 This amount represents matching funds for purchase development rights. $65,000 of this amount represents local funds. See attached information, p. 18 -22. The committee recommends approval. - Denied Supervisor Lofton moved to approve the above request. The motion was seconded by Supervisor DeHaven. Supervisor Lofton stated this was a "hard pill to swallow" because of the economic times, but looking long term, it is a good long term tool that we have. He went on to say he would like to see us come up with a revenue stream to fund these easements. Vice - Chairman Ewing stated he had a problem with approving this due to the economic situation and he believed there were going to be hard times coming next year. Supervisor Fisher this was difficult for him because he supported what we are doing, but given the economic times, he had trouble supporting this request. Supervisor Lemieux stated he could not support the request due to budget concerns. There being no further discussion, the above motion was defeated by the following recorded vote: Richard C. Shickle Nay Bill M. Ewing Nay Charles S. DeHaven, Jr. Aye Gary W. Dove Nay Gene E. Fisher Nay Philip A. Lemieux Nay Gary A. Lofton Aye 7. The Sheriff requests an FY 2010 General Fund supplemental appropriation in the amount of $20,000 This amount represents the Project Safe Neighborhoods grant. No local funds needed. See attached memo, p. 23. The committee recommends approval. - Approved Upon a motion by Vice - Chairman Ewing, seconded by Supervisor DeHaven, the Board approved the above request by the following recorded vote: Richard C. Shickle Aye Bill M. Ewing Aye Charles S. DeHaven, Jr. Aye Gary W. Dove Aye Minute Book Number 35 Board of Supervisors Regular Meeting of 07/22/09 017 Gene E. Fisher Aye Philip A. Lemieux Aye Gary A. Lofton Aye 8. The Public Works Director requests an FY 2010 ShawneeLand Fund supplemental appropriation in the amount of $4,900 to provide part-time security at the beach. See attached memo, p. 24 -25. The committee recommends approval. - Approved Upon a motion by Vice - Chairman Ewing, seconded by Supervisor Lofton, the Board approved the above request by the following recorded vote: Richard C. Shickle Aye Bill M. Ewing Aye Charles S. DeHaven, Jr. Aye Gary W. Dove Aye Gene E. Fisher Aye Philip A. Lemieux Aye Gary A. Lofton Aye 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 NUMBER 27 -A -47 IN THE BACK CREEK MAGISTERIAL DISTRICT - APPROVED Zoning and Subdivision Administrator Mark Cheran appeared before the Board regarding this item. He advised the property is located in the Back Creek Magisterial District. The proposed use is a country general store with carry -out food prepared on site. There will be no on -site vehicle fuel sales. He went on to say the Board of Supervisors heard this items at its June 10,2009 meeting, but postponed action to allow the applicant to work with staff regarding outdoor seating. He then reviewed the proposed conditions. Staff recommended that no more than four (4) picnic tables be used for outdoor seating. This change is noted in condition 6 being placed on the Conditional Use Permit: 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 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; with no more then four (4) picnic tables allowed for outdoor meals. Minute Book Number 35 Board of Supervisors Regular Meeting of 07/22/09 7 Any expansion or change of use will require a new Conditional Use Permit. Supervisor Lofton asked if there were any areas within the building that could be used for indoor seating. Gary Oates, GreyWolfe, Inc., appeared before the Board on behalf of the application. He advised his client is aware that the picnic tables are for outside use only. He went on to say the Building Code prohibits indoor seating. 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 Conditional Use Permit #03 -09. 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 - REZONING #03-09 OF WALGREENS -DAIRY CORNER PLACE, SUBMITTED BY PATTON HARRIS RUST & ASSOCIATES, TO REZONE 3.1 ACRES FROM RP (RESIDENTIAL PERFORMANCE) DISTRICT TO B2 (BUSINESS GENERAL) DISTRICT AND 0.9 ACRES FROM B2 TO B2 DISTRICT, TOTALING 4 ACRES TO B2 BUSINESS GENERAL) DISTRICT WITH PROFFERS, FOR COMMERCIAL USES. THE PROPERTIES ARE LOCATED AT THE SOUTHEASTERN CORNER OF THE INTERSECTION OF BERRYVILLE PIKE (ROUTE 7) AND VALLEY MILL ROAD (ROUTE 659), ADJACENT TO DAIRY CORNER PLACE, AND ARE IDENTIFIED BY PROPERTY IDENTIFICATION NUMBERS 54F -1 -9, 54F -1 -9A, 54F -A -30, 54F -3- A, 54F -3 -Al, 54F -3 -A2, AND 54- A -112C IN THE RED BUD MAGISTERIAL DISTRICT. — POSTPONED ACTION UNTIL AUGUST 12, 2009 MEETING Deputy Director of Planning Michael Ruddy appeared before the Board regarding this item. He advised this was a request to rezone 4 acres comprised of six parcels to B2 (General Business) District. The properties are located at the intersection of Valley Mill Road and Route 7. The proposed use includes pharmacy and other commercial uses. The applicant has proffered a generalized development plan. He concluded by saying the Planning Commission recommended approval as presented. Supervisor Lofton asked if the existing Dairy Corner Place will stay in use. Deputy Director Ruddy responded no, the applicant will close that road off however the County will have the ability to use this road in the future as a pedestrian or bike facility. Minute Book Number 35 Board of Supervisors Regular Meeting of 07/22/09 019 Chairman Shickle asked if a level of service was determined prior the proposed new traffic. Deputy Director Ruddy responded yes. The intersections will have a level of service D once the improvements are made. Currently, the intersections level of service E and F. Deputy Director - Transportation John Bishop advised that Valley Mill Road is currently level of service E and F with the improvements, but once the background traffic is put it has a level of service F. He went on to say the proposed improvements only address Valley Mill Road and the level of service there does improve from level of service E and F to level of service D. Ron Mislowsky, Patton Harris Rust & Associates, appeared before the Board on behalf of the applicant. He stated the application originally was to rezone only 3 acres, but the Planning Commission did not like that proposal. He noted that under the revised proposal at left turn lane was being added at Valley Mill Road and Route 7. He went on to say the applicant tried to concentrate on providing the best impact they could. This proposal contains 15,000 square feet of pharmacy and 10,000 square feet of other retail. Mr. Mislowsky noted the applicant has proffered out convenience store and fast food restaurant uses. He stated the proposed commercial building would look like the proposed Walgreens' building. A bike trail would be provided along Valley Mill Road and Dairy Corner Place would be improved as a hike /bike trail. He went on to say the applicant originally included a $10,000 transportation proffer, but with the construction of the new road and purchase of additional property that proffer could not be maintained. He concluded by saying the applicant planned to open the store in 2010. Chairman Shickle convened the public hearing. There were no citizen comments. Chairman Shickle closed the public hearing. Supervisor Lemieux apologized to the applicant that he had made an error in the location of this property and as a result was not prepared to approve the application. He went on to say he would like to table this request until the next meeting so he could have an opportunity to re- evaluate the application. Upon a motion by Supervisor Lemieux, seconded by Supervisor DeHaven, the Board postponed Rezoning #03 -09 — Walgreens -Dairy Corner Place until the August 12, 2009 meeting. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Bill M. Ewing Aye Minute Book Number 35 Board of Supervisors Regular Meeting of 07/22/09 020 Charles S. DeHaven, Jr. Aye Gary W. Dove Aye Gene E. Fisher Aye Philip A. Lemieux Aye Gary A. Lofton Aye PUBLIC HEARING - ORDINANCE AMENDMENT — LEGAL FORM AND RECORDATION OF PROFFERS. REVISION TO THE FREDERICK COUNTY CODE, ZONING ORDINANCE ( 4165 -13) TO ADD REOUIREMENTS FOR THE LEGAL FORM OF PROFFER STATEMENTS AND THAT APPROVED PROFFERS BE RECORDED. — REFERRED BACK TO STAFF FOR REVISIONS Senior Planner Candice Perkins appeared before the Board regarding this item. She advised the Zoning Ordinance does not currently contain standards regarding how proffer statements should be written or require that proffers be recorded once they are accepted by the Board. Staff was requested to develop an ordinance to address these items, particularly the recordation requirement. This requirement was developed due to concerns expressed over proffers not showing up when title searches are performed on properties. The proposed ordinance contains requirements for the legal form of proffer statements and a requirement that approved proffers be recorded with the Frederick County Clerk of the Circuit Court. She concluded by saying the proffers are to be recorded within 10 days of rezoning approval. Supervisor Fisher asked how a "friendly" change to a proffer statement would be handled given that the ordinance says the final version of the proffers must be received within five days of the public hearing. County Attorney Roderick Williams responded that that final version of the proffers is whatever is approved or ultimately approved by the Board. He went on to say that if a change is made at the meeting then it would have to be submitted to the Board five days before. He stated that only instance where there would be a requirement to readvertise an application would be if the proffer change makes a use more intensive. He concluded by saying that the word "final" could be dropped from that sentence. Deputy Director Ruddy concurred and suggested adding language stating that minor modifications could be made at the Board's discretion. Supervisor Fisher stated he believed that would accomplish his intent. Chairman Shickle convened the public hearing. There were no citizen comments. Chairman Shickle closed the public hearing. Supervisor DeHaven moved to approve the ordinance amendment with the removal of the Minute Book Number 35 Board of Supervisors Regular Meeting of 07/22/09 021 word "Final" and capitalization of the "P" in Proffers in the last sentence of Section A. The motion was seconded by Supervisor Fisher. County Attorney Williams suggested adding the following language to that section as well "the Board may allow minor modifications to the proffer statement at the public hearing meeting at which the Board of Supervisors considers approval of the rezoning." Supervisor DeHaven asked how comfortable we were proceeding down this path versus another. Deputy Director Ruddy stated staff could revise this amendment and bring it back to the Board in a timely fashion. County Attorney Williams stated this item would have to be readvertised so staff could bring it forward and it would need to be returned to the Planning Commission for public hearing. Supervisor DeHaven withdrew his motion and Supervisor Fisher withdrew his second. Upon a motion by Supervisor DeHaven, seconded by Supervisor Fisher, the Board directed staff to revise the proposed ordinance and bring a draft back to the Board for review and then return this item to the Planning Commission for public hearing. 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: MASTER DEVELOPMENT PLAN OF SILVER LAKE, LLC - APPROVED Vice - Chairman Ewing advised that he would abstain from consideration of this item as he had a conflict of interest. Senior Planner Candice Perkins appeared before the Board regarding this item. She advised this was a master development plan for 238.96 acres of land zoned B2 (General Business) District and 131.06 acres of land zoned MS (Medical Support) District to accommodate 989 residential units to be built in two phases. The development will be served by private roads. The woodlands are being preserved. The proposed master development plan is consistent with the zoning ordinance, proffers, and addresses staff's concerns and comments. Evan Wyatt, Greenway Engineering, appeared before the Board on behalf of the Minute Book Number 35 Board of Supervisors Regular Meeting of 07/22/09 022 applicant and stated he was there to answer any questions the Board might have. Upon a motion by Supervisor Dove, seconded by Supervisor Lemieux, the Board referred Master Development Plan #01 -09 to staff for administrative approval. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Bill M. Ewing Abstained Charles S. DeHaven, Jr. Aye Gary W. Dove Aye Gene E. Fisher Aye Philip A. Lemieux Aye Gary A. Lofton Aye DISCUSSION — ORDINANCE AMENDMENT — FLOODPLAIN DISTRICT. — (RESOUTION #004 -09) - SENT FORWARD FOR PUBLIC HEARING Senior Planner Candice Perkins appeared before the Board regarding this item. She advised that, in order to participate in the National Flood Insurance Program, the County is required to adopt a floodplain ordinance that is compliant with both state and federal requirements. This proposed ordinance is based upon the model Department of Conservation and Recreation ordinance. The revisions to the Floodplain Districts include: - New ordinance sections o Purpose o Applicability o Compliance and Liability o Abrogation and Greater Restrictions o Severability o Interpretation of District Boundaries o Permit and Application Requirements o General Standards for all Special Flood Hazard Areas o Specific Standards o Standards for the Special Floodplain District o Standards for Approximated Floodplain o Standards for Subdivision Proposals o Penalties for Violations - Numerous sections were renamed - New titles for the study and maps, and new date for the map adoption (2009) - Renaming the Flood- Fringe District to the Special Floodplain District - Revisions to the Floodway District development prohibitions section - New and revised definitions Supervisor Dove asked about the dam in the Lake Holiday community and how this ordinance would affect the area downstream from the dam. Deputy Director Ruddy responded that Zoning Administrator Cheran had reviewed the new maps which showed the dam and some floodplain downstream; however, he advised there Minute Book Number 35 Board of Supervisors Regular Meeting of 07/22/09 023 may be more immediate issues with the dam. Assistant County Administrator Kris Tierney advised a flood inundation study had been done which was done to show the affected areas downstream. Supervisor Dove stated he needed more information. Chairman Shickle referred staff to page 4, item Al and stated he did not believe the Zoning Administrator wanted to review all uses and activities. Senior Planner Perkins advised the Building Inspections Department had concerns with the agriculture exemptions; therefore, they added paragraph number 1. She stated she could meet with the Inspections Department staff to clarify their concerns. She went on to say she could change paragraph Al and run it by the Department of Conservation and Recreation. She noted that everything in red print in the ordinance was from the model ordinance with the exception of paragraph Al. She advised the Board needed to adopt the ordinance before the September 2, 2009 deadline. Chairman Shickle asked if the Board authorized this item for public hearing staff would continue to work on the verbiage dealing with construction. Senior Planner Perkins responded staff could make the changes and send them to the Board in a Friday mailing to ensure there is a level of comfort prior to the public hearing. Upon a motion by Supervisor Dove, seconded by Supervisor DeHaven, the Board sent the proposed Floodplain District ordinance amendments forward for public hearing. WHEREAS, the Frederick County Planning Department has been directed to prepare revisions to Chapter 165 Zoning, Article XV, FP Floodplain District and Article XXII Definitions, pertaining to proposed revisions in order to comply with state and federal requirements and FEMA Flood Insurance Rate Maps. WHEREAS, the Development Review and Regulations Committee (DRRC) recommended approval of this amendment on June 25, 2009; and WHEREAS, the Planning Commission discussed the draft ordinance on Julyl5, 2009 and recommended that a public hearing be held; and WHEREAS, the Frederick County Board of Supervisors finds that in the public necessity, convenience, general welfare, and good zoning practice, directs the Frederick County Planning Commission to hold a public hearing regarding amendments to Chapter 165 Zoning, Article XV, FP Floodplain Districts and Article XXII Definitions, pertaining to proposed revisions in order to comply with state and federal requirements and FEMA Flood Insurance Rate Maps. NOW, THEREFORE, BE IT REQUESTED by the Frederick County Board of Supervisors that the Frederick County Planning Commission shall hold a public hearing to consider revisions to Chapter 165 Zoning, Article XV, FP Floodplain Districts and Article XXII Definitions, pertaining to proposed revisions in order to comply with state and federal requirements and FEMA Flood Insurance Rate Maps. Minute Book Number 35 Board of Supervisors Regular Meeting of 07/22/09 024 PASSED this 22" day of July, 2009 by the following recorded vote: Richard C. Shickle Aye Bill M. Ewing Aye Charles S. DeHaven, Jr. Aye Gary W. Dove Aye Gene E. Fisher Aye Philip A. Lemieux Aye Gary A. Lofton Aye DISCUSSION — CHAPTER 165 RECODIFICATION. — (RESOLUTION #005 -09) - SENT FORWARD FOR PUBLIC HEARING Senior Planner Candice Perkins appeared before the Board regarding this item. She advised there have been a number of revisions to the Zoning Ordinance over the past few years and this has highlighted the need to reconfigure the ordinance so it can accommodate current and future proposed changes. To address this issue, staff proposed a recodification of Chapter 165 which would revise the entire chapter numbering; content is not being changed. She then outlined the changes being proposed: - Definitions would be relocated to the beginning of the chapter. - General Provisions, Amendments and Conditional Use Permits would be consolidated. - Supplementary Use Regulations would be broken up into four parts. - Agricultural (RA) District and Residential Districts would be consolidated into one article. - Planned Unit Developments would be consolidated into one article. - Business and Industrial Districts would become one article and would include the HE and EM Districts. - The Overlay Districts would be combined into one article. - Master Development Plan and Site Plans would be combined into one article. - Reserved sections have been included to accommodate proposed ordinance amendments. She concluded by saying the proposed changes were presented to the Development Review and Regulations Committee and the Planning Commission, both recommended the proposed changes be sent forward to the Board for discussion. Upon a motion by Vice - Chairman Ewing, seconded by Supervisor DeHaven, the Board sent this item forward for public hearing. WHEREAS, the Frederick County Planning Department has been directed to prepare modifications to Chapter 165, Zoning, to recodify the chapter. This recodification will provide for a revised format that will include separate parts that could individually be expanded when amendments are inserted into the chapter. With the proposed revision, certain portions of the ordinance would be consolidated into other articles or moved to similar use categories. Minute Book Number 35 Board of Supervisors Regular Meeting of 07/22/09 025 WHEREAS, the Development Review and Regulations Committee (DRRC) recommended approval of this amendment on May 28, 2009; and WHEREAS, the Planning Commission discussed the draft ordinance on June 17, 2009 and recommended that a public hearing be held; and WHEREAS, the Frederick County Board of Supervisors finds that the draft ordinance is in the public necessity, convenience, general welfare, and good zoning practice, and directs the Frederick County Planning Commission hold a public hearing regarding the recodification of Chapter 165, Zoning; NOW, THEREFORE, BE IT REQUESTED by the Frederick County Board of Supervisors that the Frederick County Planning Commission shall hold a public hearing to consider the recodification of Chapter 165, Zoning. This recodification will provide for a revised format that will include separate parts that could individually be expanded when amendments are inserted into the chapter. With the proposed revisions, certain portions of the ordinance would be consolidated into other articles or moved to similar use categories. PASSED this 22" day of July, 2009 by the following recorded vote: Richard C. Shickle Aye Bill M. Ewing Aye Charles S. DeHaven, Jr. Aye Gary W. Dove Aye Gene E. Fisher Aye Philip A. Lemieux Aye Gary A. Lofton Aye BOARD LIAISON REPORTS There were no Board liaison reports. CITIZEN COMMENTS Sortis Pappas, Gainesboro District, appeared before the Board representing Frederick County Citizens Against PATH. He asked if the County was sending anyone to Richmond as an intervener or hiring a specialist. He stated no notices were mailed to people living 200 feet away from the line. He went on to say this proposal would result in higher taxes and higher electric bills and make us less competitive. He stated "PATH is greed not need" and the Department of Energy shows there is no need for this line to be constructed. He concluded by saying there is no benefit to Frederick County or Virginia and no one can figure out why this line is being built. BOARD OF SUPERVISORS COMMENTS Chairman Shickle stated the citizens want to know what we are doing relative to the i PATH line. He went on to say the Board is doing something and has been doing something for some time. He and Administrator Riley cited the January meetings with Congressman Wolf and representatives from the affected localities in Virginia and West Virginia, and meetings with Senator Webb and Governor Kaine. Administrator Riley stated the meeting with Governor Kaine was all Frederick County's Minute Book Number 35 Board of Supervisors Regular Meeting of 07/22/09 026 initiative, not Loudoun County. He went on to say that County Attorney Williams was ready to file an objection to the PATH petition and the County would be filing as an intervener. Supervisor Fisher stated that Virginia regulatory practices "stink" and he appreciated Chairman Shickle and Mr. Riley's efforts regarding the PATH opposition. ADJOURN UPON A MOTION BY SUPERVISOR EWING, SECONDED BY SUPERVISOR DOVE, THERE BEING NO FURTHER BUSINESS TO COME BEFORE THIS BOARD, THIS MEETING IS HEREBY ADJOURNED. (9:00 P.M.) Richard C. Shickle rer1k, R. Riley, Jr. Chairman, Board of Supervisors Board of Supervisors Minutes Prepared By: Jay F1 T' s Deputy Clerk, Board of Supervisors Minute Book Number 35 Board of Supervisors Regular Meeting of 07/22/09