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HomeMy WebLinkAboutJanuary 23, 2002 Regular Meeting 51 A Regular Meeting of the Frederick County Board of Supervisors was held on January 23, 2002, at 7: 15 P.M., in the Board of Supervisors ' Meeting Room, County Administrator's Office, l07 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 Philip Roby of the Amazing Grace Fellowship Church. PLEDGE OF ALLEGIANCE ADOPTION OF AGENDA County Administrator Riley advised the Board of the following amendments: 1. Charles Gaynor President of Winchester City Council to address the Board. 2. Request for approval of Trails Grant for Parks and Recreation Department. 3. Request for endorsement of Civil War Trust Grant. Upon motion made by Supervisor Sager, seconded by Supervisor Smith, the agenda was adopted, 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 CONSENT AGENDA Administrator Riley suggested that Tab 0 be approved under the consent agenda. 1. Road Resolution - Ravenwing, Section I - Tab O. Upon motion made by Supervisor Smith, seconded by Supervisor Tyler, 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 Minute Book Number 27 Board of Supervisors Meeting of 01/23/02 511 Margaret B. Douglas - Aye Sidney A. Reyes - Aye Lynda J. Tyler - Aye Gina A. Forrester - Aye CITIZEN COMMENTS Bill Shepherd, Gainesboro District, is opposed to the county wanting to implement an increase on the current sales tax. He feels seeking any type of tax increase during a recession is unconscionable. It appears this is being peddled under the name of the Board of Supervisors, but he wonders how many really favor this proposal. As a republican he is very disappointed seeing that other republican supervisors are enthusiastically supporting this tax increase. Frederick County has 60% of its land in Land Use and he feels if some "fake farmers" would "pony up" their fair share, along with the rest of us, we wouldn't need a tax increase. He does not feel the funds realized from this tax increase will go only to the schools, as has been stated. It has been stated these additional funds are needed for the schools; however, ifthey would spend their money more wisely they could operate on what they currently receive. He feels Richmond needs to be told that Frederick County does not need, nor want this tax increase. Mike Webber, Stonewall District, concerned about the roads in his district. He addressed the new lights that have been installed near Crown Cork and Seal and Welltown Pike. He does not understand why these lights were installed so close together as this has caused many traffic problems. He understands that the Planning Commission will hear a request next month for a new development of250 acres, he feels this area cannot handle this additional traffic. VDOT needs to become more involved in helping to resolve this problem as it has been an on going problem for 15 years. Pam Kennedy, Gainesboro District, stated that soon the Board would be meeting to consolidate its vision of Frederick County, and then share those results with the planning staff and Planning Commission. In creating a vision, one must have a sense of where they want to be at some point in the future. In all of this one must realize that some projects just do not fit, whether it be Cardinal Glass, or Shockey Development Plans. She feels the Board needs to develop a new vision in order for Frederick County to maintain much of what it has had to offer for many years, and further, if the right type of planning and zoning are put into place, they will know they have accomplished a great deal and in turn will have left their mark and legacy. Minute Book Number 27 Board of Supervisors Meeting of 01123/02 578 Sam Lehman, Back Creek District, commented on the annual budget report, budgets in general, comprehensive and financial. He feels these should be our best financial planning tools for the budget process; however he does not feel this is the case. He referred to a statistical section in the back ofthe report where the figures have been compiled for spending and revenue; however, the categories do not match the categories ofthe various county departments. He further stated that he feels most audit reports done today are missing the target by a long shot as they are too hard to understand. He would like to see bar charts done as he feels they are much easicr to understand. COUNTY OFFICIALS RANDY JONES WITH ROBINSON, FARMER, COX ASSOCIATES, TO PRESENT COMPREHENSIVE ANNUAL FINANCIAL REPORT (CAFR) Mr. Jones appeared before the Board at which time he informed the members that the audit went very well this year. He did advise the Board that therc will be considerable changes in next year's audit based on changes that have been implemented by the state. COMMITTEE APPOINTMENTS BEVERLY B. SHOEMAKER APPOINTED TO THE INDUSTRIAL DEVELOPMENT AUTHORITY FROM OPEQUON DISTRICT Upon motion made by Supervisor Sager, seconded by Supervisor Reyes, Beverly B. Shoemaker was appointed to the county Industrial Development Authority from Opequon District. This is a four year term. The term will begin on January 23, 2002 and expire on January 23,2006. The above motion was approved by the following recorded vote: Richard C. Shicklc - Ayc W. Harrington Smith, Jr. - Aye Robert M. Sagcr - Aye Margaret B. Douglas - Aye Sidney A. Reyes - Aye Lynda 1. Tylcr - Ayc Gina A. Forrester - Aye TAMMI C. LOVING REAPPOINTED TO THE EXTENSION LEADERSHIP COUNCIL FROM STONEWALL DISTRICT Upon motion madc by Supervisor Tyler, seconded by Supervisor Douglas, Tammi Loving was reappointed to the Extension Leadership Council from Stonewall District. This is a four year term. The term will begin on January 23,2002, and expire on January 23,2006. The above motion was approved by the following recorded vote: Richard C. Shickle - Aye W. Harrington Smith, Jr. - Aye Minute Book Number 27 Board of Supervisors Meeting of 01123/02 579 Robert M. Sager - Aye Margaret B. Douglas - Aye Sidney A. Reyes - Aye Lynda 1. Tyler - Aye Gina A. Forrester - Aye REOUEST TO SCHEDULE A BUDGET WORKSESSION - APPROVED FOR JANUARY 29, 2002 AT NOON IN THE BOARD ROOM CHARLES GAYNOR, PRESIDENT OF WINCHESTER CITY COUNCIL ADDRESSED BOARD RE: -PROPOSAL FOR REVENUE SHARING BETWEEN THE COUNTY OF FREDERICK AND THE CITY OF WINCHESTER President of Winchester City Council Charles Gaynor appeared before the Board to present his proposal for revenue sharing between the County of Frederick and the City of Winchester. He advised that all local sales tax reccipts in excess of Fiscal Year 2001 would be distributed between the City of Winchester and Frederick County as follows: Jurisdiction receiving funds 70% Other Jurisdiction 30% Each jurisdiction would share in all new sales tax revenue generated ("new" meaning revenues generated above the base year of Fiscal 2001) by the other jurisdiction. He further explained that the above concept/proposal will: 1) Give each jurisdiction a vested interest in the other's commercial retail development; 2) In the initial years benefit the county more than the city; eventually, as retail development occurs in the county, the city will benefit, and 3) All figures to be based on state sales tax reports. He further explained that this proposal is not contingent upon the county increasing its sales tax rate, nor is it contingent upon the city increasing its sales tax rate. Supervisor Smith thanked President Gaynor for appearing before the Board to explain this proposal. Supervisor Sager referred to the city amending their charter and he asked President Gaynor to further explain this. President Gaynor advised of the General Assembly's interest in seeing revenue sharing amongst the localities within the state. Supervisor Sager stated that it is his understanding these funds are to be used for education only. Chairman Shickle thanked President Gaynor for appearing before the Board to update them Miuute Book Number 27 Board of Supervisors Meeting of 01123/02 58 on this proposal currently before the General Assembly. . , RESOLUTION (#028-02) OF ENDORSEMENT FOR VIRGINIA RECREATIONAL TRAILS FUND PROGRAM - APPROVED Assistant Director of Parks and Recreation Matthew Hott appeared before the Board at which time he advised them that Parks and Recreation Commission, at their January meeting, unanimously recommended that the department seek a trails grant for the construction of a 1,500 linear foot walkway linking the picnic area to the swimming pool at Sherando Park. He further explained the trails grant, which is sponsored by the Virginia Recreational Trails Fund Program, is a 80/20 matching grant. With the estimated cost of the trail being $70,000, the county match would be $14,000. Chairman Shickle inquired as to whether the county could decline the grant. Administrator Riley replied that is possible. Supervisor Forrester asked if this was the first request for a pedestrian trail. Assistant Hott replied yes. Upon motion made by Supervisor Sager, seconded by Supervisor Douglas the following resolution was approved, with the understanding if funds are not available, the project will not be done. WHEREAS, in accordance with Department of Conservation and Recreation allocation procedures, it is necessary that a request by resolution be received from the local government or state agency in order that the Department of Conservation and Recreation program a trails project in the County of Frederick. NOW, THEREFORE, BE IT RESOLVED, that the Frederick County Board of Supervisors, requests the Department of Conservation and Recreation to establish a project for a pedestrian facility to connect recreational facilities in Sherando Park. BE IT FURTHER RESOLVED, that Frederick County will provide support to the project as specified in the application materials submitted. PASSED this 23rd day of January, 2002. Administrator Riley advised that the Board needs to endorse the resolution. The above motion and resolution were approved by the following recorded vote: Richard C. Shickle - Aye W. Harrington Smith, JI. - Aye Robert M. Sager - Aye Margaret B. Douglas - Aye Sidney A. Reyes - Aye Lynda J. Tyler - Aye Gina A. Forrester - Aye Minute Book Number 27 Board of Supervisors Meeting of 01123/02 81 A PROJECT ENDORSEMENT RESOLUTION(#029-02) FOR THE APPLICATION OF THE CIVIL WAR PRESERVATION TRUST TO THE VIRGINIA DEPARTMENT OF TRANSPORTATION FOR FUNDING UNDER THE INTERMODAL SURFACE TRANSPORT A TION EFFICIENCY ACT - APPROVED Assistant County Administrator Tierney advised this was for 40 acres in the Stephenson Depot area, and that the county is being asked to endorse this project only, not approve it. Scott Palumbo, Battlefield Preservation Coordinator, with Civil War Preservation Trust appeared before the Board on behalf of this project and further explained why Civil War Preservation Trust was requesting the Board's endorsement of same. Assistant Tierney advised the Board that VDOT's Board would decide which grant would be awarded. Upon motion made by Supervisor Smith, seconded by Supervisor Tyler, the following resolution was approved: WHEREAS, in accordance with the Commonwealth Transportation Board construction allocation procedures, it is necessary that a request by resolution be received from the local government in order that the Virginia Department of Transportation program an enhancement proj ect in Frederick County; and WHEREAS, the Frederick County Board of Supervisors supports the development of heritage tourism based upon the historic and scenic resources of Frederick County as an economic engine for the area; and WHEREAS, the Frederick County Board of Supervisors supports efforts of the Civil War Preservation Trust to acquire, through fair-market purchase, portions ofthe core battlefield of the Second Battle of Winchester; and WHEREAS, the Frederick County Board of Supervisors, in partnership with the Shenandoah Valley Battlefields Foundation, has submitted a joint application for TEA -21 funding of the Redbud-Civil War Battlefields Corridor Project. NOW, THEREFORE, BE IT RESOLVED, that the Frederick County Board of Supervisors requests the Commonwealth Transportation Board to give favorable consideration to the application of the Civil War Preservation Trust for funding to complete their intended purchase with the understanding that, should the Commonwealth Transportation Board see fit to fund only one of the two requests within Frederick County, it be understood that the first priority of the Frederick County Board of Supervisors would be their own joint project with the Shenandoah Valley Battlefield Foundation. Adopted this 23rd day of January, 2002. The above resolution 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 Minute Book Number 27 Board of Supervisors Meeting of 01123/02 58 PLANNING COMMISSION BUSINESS PUBLIC HEARING PUBLIC HEARING - CONDITioNAL USE PERMIT #21-01 OF MARY FANSLER, TO OPERATE ADAYCARE FACILITY. THIS PROPERTY IS LOCATED AT 852 BUTLER AVENUE AND IS IDENTIFIED WITH PROPERTY IDENTIFICATION NUMBER 54M-I-2-25 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 input. Upon motion made by Supervisor Tyler, seconded by Supervisor Reyes, CUP #21-01 was 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 - CONTINUATION OR REVOCATION OF CONDITIONAL USE PERMIT #01-01 OF S. BlAINE WILSON AND KEITH A. WILSON FOR A SHALE MINING OPERATION. THE PROPERTIES ARE LOCATED AT 881 W. PARKINS MILL ROAD AND IDENTIFIED WITH PROPERTY IDENTIFICATION NUMBER 76-A-137 AND 76-A-137A IN THE SHAWNEE MAGISTERIAL DISTRICT. (CONTINUED FROM DECEMBER 12, 2001 BOARD MEETING) - APPRO V AL FOR REVOCATION Director Wyatt presented this request to the Board advising that the Board approve this CUP on July 11,2001 to allow for a shale mining operation on parcels 76-A-137 and 76-A-137A in the Shawnee Magisterial District. He further advised that staff had received numerous telephone calls between the dates of October 5, 2001 and October 16, 2001 from citizens within the proximity of the shale mining operation to file formal complaints against the Wilson Shale Mining Operation. The essence ofthese complaints pertained to the alleged violation of Condition #3, which prohibited commercial mining operations until an approved VDOT entrance was constructed by the applicants. Staff did visit the site on three different dates and substantiated the formal complaints that had been registered. He further advised that the Planning Commission discussed three options and decided on the following: Revision of Condition #3 to specify a time requirement for the installation of the commercial entrance and to allow for shale mining and hauling to occur in the interim. Minute Book Number 27 Board of Supervisors Meeting of 01123/02 83 Planning Director Wyatt advised that this option would allow the continuation of the operation with a time requirement for the installation ofthe commercial entrance. Ty Lawson, attorney for the Wilsons, appeared before the Board at which time he reviewed the history ofthis request and also advised that an Order from the Courts had not been received, as it is scheduled for the 30th of January. Supervisor Smith feels the Board should vote on this issue tonight, as this has gone on entirely too long. Tammy Symons, resident of Airport Road, appeared before the Board to advise them that the Wilson's need 350 ft. of additional right-of- way in order to accomplish what has been mandated by VDOT and it is her understanding the right-of-way is not available. Nick Turner, resident of Airport Road, owner of land needed for additional right of way advised the Board that he does not plan on signing off on this right of way. Ty Lawson, advised the Board that they need to be considering the commercial entrance at this time. He further advised that the Wilson's have been at this site for fourteen years, and they are trying to come into compliance. He asked the Board to wait until May before taking any further action on this request. Bernard ?, resident of Airport Road, advised the Board that the Wilson's have done nothing to improve the entrance during the time of their operation. Herman Fauver, resident of Airport Road, advised the Board that on more than one occasion it has been stated that the operation at this site has been for fourteen years, and he wanted to set the record straight. Hauling from this site was done by way of Parkins Mill Road for at least nine years. Supervisor Sager asked about the deeded right-of-way, and how much longer would be needed until this operation would be completed. Attorney Lawson explained about the right-of-way and the fact that three fields have been reseeded which leaves one to be done. He could not be specific on the closure date of the operation. Jerry Copp and Steve Melnikoff from the Edinburg VDOT office appeared before the Board to explain VDOT's guidelines and regulations on a commercial entrance. They advised that when two businesses are using the same entrance there needs to be a signed agreement between the two. Mr. Melnikoff did advise of the possibility of a one way entrance. Supervisor Forrester inquired as to when VDOT began working with the Wilson's on the Minute Book Number 27 Board of Supervisors Meeting of 01123/02 58 entrance request. Mr. Melnikoffreplied approximately October of2001. Upon motion made by Supervisor Smith, seconded by Supervisor Reyes, CUP #01-01 was revoked. The abovc 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- CONDITIONAL USE PERMIT #18-01 OF CROSS JUNCTION TOWER. SUBMITTED BY SPECTRUM RESOURCES. INC.. (SHARED TOWERS LLC) FOR A 195 FOOT HIGH MONOPOLE TELECOMMUNICATIONS FACILITY. THIS PROPERTY IS LOCATED AT THE CORNER OF COLLlNSVILLE ROAD AND CROSS JUNCTION ROAD. APPROXIMATELY 290 FEET FROM NORTHWESTERN PIKE (RT. 522N) AND IS IDENTIFIED WITH PROPERTY IDENTIFICATION NUMBER 18-A-38 IN THE GAINESBORO MAGISTERIAL DISTRICT - APPROVED Assistant Planning Director Lawrence presented this req uest to the Board advising that staff and Planning Commission recommended approval with conditions. He further advised that this is a 96 acre tract for a lattice tower and that Frederick County Connnunications can use the tower free of charge. Supervisor Reycs advised that a constituent of his was concerned about set back requirements. Assistant Lawrence advised this has been addressed. Mark Smith, of Greenway Engineering, appeared before the Board at which time he advised that the Collins property is 230 feet away from the tower. Kamal Doshi, of Shared Towers LLC, appeared before the Board to advise of a $1 million dollar policy that the company has for their tower sites. Assistant Lawrence advised if the tower is not erected within 12 months, it will not be erected as this is the time limit. He further advised on one of the applications the time listed is 18 months; however, stafffelt this should be consistent therefore, it too would be for a 12 month time period. Bill Rosenberry, Shawnee District and Plamling Commission Member, appeared before the Minute Book Number 27 Board of Supervisors Meeting of 01/23/02 585 Board to advise that at the last Planning Commission meeting, approval was given for another tower that will be located almost side by side to this tower. Sam Lehman, Back Creek District, stated that he felt a bond should be required on the owners of these towers. Kevin Kennedy, Gainesboro District, asked the Board what is the full purpose of these towers, and how many more will be presented to the Board for their approval. How do all these towers fit into the Board's vision for the future of the county. Bill Shepherd, Gainesboro District, understands that it is the FAA that needs to sign off on the approval of these towers, and not the airport. Martin Killingbeck, Gainesboro District, does not want view changed in the county and ruined by 100 ft towers. Asked if we need 200 ft towers popping up all over the county. Pam Kennedy, Gainesboro District, asked what the vision of the county is as far as these towers are concerned. She strongly recomrnended to the Board that they impose a moratorium at this point and time on the proliferation of these towers until they decide how many and where these towers are to be located. She is concerned about so many of these towers being located in Gainesboro District. Mark Smith explained that planning has been involved in this process. Mr. Doshi advised if lattice is preferred over monopole, that is fine. He feels monopole is not as flexible as lattice. Chairman Shickle asked why there are two towers side by side on Route 81. Mr. Doshi explained. Upon motion made by Supervisor Reyes, seconded by Supervisor Sager, CUP #18-01 was approved as amended with the addition of condition #5. This condition would be that set backs be included and that the tower be of lattice rather than monopole. The above motion was 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 PUBLIC HEARING - CONDITIONAL USE PERMIT #19-01 OF HUNTING RIDGE Minute Book Number 27 Board of Supervisors Meeting of 01/23/02 58 TOWER. SUBMITTED BY SPECTRUM RESOURCES. INC.. (SHARED TOWERS LLC) FOR A 195 FOOT HIGH MONOPOLE TELECOMMUNICATIONS FACILITY. THIS PROPERTY IS LOCATED AT 329 HUNTING RIDGE ROAD AND IS IDENTIFIED WITH PROPERTY IDENTIFICATION NUMBER 30-A-114 IN THE GAINESBORO MAGISTERIAL DISTRICT - APPROVED Assistant Lawrence presented this CUP request to the Board advising that staff and Planning Commission recommended approval with conditions. Sam Lehman, Back Creek District, asked ifthe condition stating that the county can use the tower for fire and rescue needs, if this was free to the county. Mr. Doshi stated earlier under Tab E that it would be. Upon motion made by Supervisor Reyes, seconded by Supervisor Douglas, CUP # 19-0 1 was approved, as amended by adding condition 5, stating that setbacks were to be included, and that the tower would be of lattice rather than monopole. 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 PUBLIC HEARING - CONDITIONAL USE PERMIT #20-01 OF REYNOLD'S STORE TOWER. SUBMITTED BY SPECTRUM RESOURCES. INC.. ( SHARED TOWERS LLC) FORA 195 FOOT HIGH MONOPOLE TELECOMMUNICATIONS FACILITY. THIS PROPERTY IS LOCA TED AT 8526 NORTH FREDERICK PIKE AND IS IDENTIFIED WITH PROPERTY IDENTIFICATION NUMBER 11-A-39 IN THE GAINESBORO MAGISTERIAL DISTRICT - APPROVED Assistant Lawrence presented this request to the Board advising that staff and Planning Commission recommended approval with conditions. There was no public input. Upon motion made by Supervisor Reyes, seconded by Supervisor Sager, CUP #20-01 was 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 - CONDiTIONAL USE PERMIT #22-01 OF WHITE TAIL LANE TOWER. SUBMITTED BY SHARED TOWERS. LLC (SPECTRUM Minute Book Number 27 Board of Supervisors Meeting of 01/23/02 587 RESOURCES. INC.). FOR A 195 FOOT HIGH LATTICE TYPE TELECOMMUNICATIONS FACILITY. THIS PROPERTY IS LOCATED ON WHITE TAIL LANE OFF OF NORTH FREDERICK PIKE (ROUTE 522N) AND IS IDENTIFIED WITH PROPERTY IDENTIFICATION NUMBER 19-A-27 IN THE GAINESBORO MAGISTERIAL DISTRICT - APPROVED Assistant Lawrence presented this request to the Board advising that staff and Planning Commission recommended approval with conditions. He further advised that it is for 12 months and not 18 as stated. Al Hayes, Gainesboro District, appeared before the Board advising that he felt all towers should be required to be lit. He asked if there was any type of regulation to make sure that a light or lights would be lit at all times. Mr. Doshi advised that all towers, over 200 feet, are required to be lit at all times. Upon motion made by Supervisor Reyes, seconded by Supervisor Smith, CUP #22-01 was approved, as amended, noting the time is 12 months rather than 18 as stated, by the following recorded vote: Richard C. Shickle - Aye W. Harrington Smith, II. - Aye Robert M. Sager - Aye Margaret B. Douglas - Aye Sidney A. Reyes - Aye Lynda 1. Tyler - Aye Gina A. Forrester - Aye PUBLIC HEARING - REOUEST FOR EXPANSION OF THE SEWER AND WATER SERVICE AREA (SWSA). SUBMITTED BY TRIAD ENGINEERING. INC.. TO INCORPORATE APPROXIMATELY FOUR ACRES WHICH ARE IDENTIFIED WITH PROPERTY IDENTIFICATION NUMBER 53-A-92 AND OWNED BY WILLOW GROVE. L.C. THE SITE IS BOUNDED BY TWO ROADS (ROUTE 37 AND MERRIMANS LANE) AND THE MERRIMANS CHASE SUBDIVISION IN THE SHAWNEE MAGISTERIAL DISTRICT - TABLED BY THE PLANNING COMMISSION PUBLIC HEARING - PROPOSED AMENDMENT TO CHAPTER 144. SUBDIVISION ORDINANCE. ARTICLE IV. SUBDIVISION REVIEW PROCEDURES. SECTION 144-13C. FINAL PLAT APPROVAL. THE PROPOSED AMENDMENT IS INTENDED TO PROVIDE CONSISTENCY WITH SECTION 15.2-2241(8) OF THE CODE OF VIRGINIA. 1950. AS AMENDED. PERTAINING TO PLAT RECORDATION PROCEDURES - APPROVED Director of Planning Evan Wyatt presented this request to the Board advising that staff recently met with the county attorney's office to review information pertaining to final plat approval for divisions ofland within the County's Subdivision Ordinance. Section 15.2-2241(8) ofthe Code of Virginia establishes a time limit for land owners to legally record subdivisions of land parcels. The opinion from the County Attorney's Office is that the County's Subdivision Ordinance needs Minute Book Number 27 Board of Supervisors Meeting of 01123/02 58 to be amended to specifically address language within the Code of Virginia pertaining to recordation of final subdivision plats. Planning staff has advised that this amendment will increase the time of plat approval from 30 days to six months. There was no public input. Upon motion made by Supervisor Sager, seconded by Supervisor Smith, the following proposed amendment to Chapter 144, Subdivision Ordinance, Article IV, was approved: Section 144-13C Final Plat Approval All final subdivision plats shall be legally recorded in the Frederick County Clerk of Court's Office within six (6) months of final approval by the Subdivision Administrator. Failure to record final subdivision plats within this time shall make the approval signatures null and void and require reapproval by all applicable agencies, except in cases specifically identified in Section 15.2-2241(8) of the Code of Virginia. A copy of the legally recorded plat with appropriate agency approval signatures and notations signifying that the plat has been appropriately recorded, shall be returned to the Subdivision Administrator within thirty (30) days ofrecordation. 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 RECESS Supervisor Sager requested a 10 minute recess at this time. OTHER PLANNING ITEMS DISCUSSION OF SWSA EXPANSION REOUEST SOUTH OF FAIRFAX PIKE (ROUTE 277) -APPROVED AL TERNA TIVE #4 - TO BE SCHEDULED FOR PUBLIC HEARING Assistant Director Lawrence presented this information/request to the Board. He advised that in 2001 the Board of Supervisors directed staffto develop options for the extension ofthe Sewer and Water Service Area(SWSA) south of Fairfax Pike (Route 277), in the Sherando Park area. This extension was intended to enable existing residences, many of whom have claimed to have failing health systems, to utilize the public water and sewer system. The request, if approved, would also revise the county's SWSA boundary to include the subject properties. He further advised that three alternatives for SWSA expansion were presented to the Comprehensive Plans and Programs Subcommittee (CPPS). The CPPS felt that none of the three alternative expansions, as presented Minute Book Number 27 Board of Supervisors Meeting of 01123/02 589 by staff, were acceptable. The CPPS did respond to the Board's request with the following recommendation: Expand the SWSA to include Sherando High School, Sherando Park, Pioneer Trailer Park, residences on the east side of Hudson Hollow Road, and the Fulton trucking property (Alternative 4). Other than the residences on Hudson Hollow Road, the other properties are already served by the Frederick County Sanitation Authority. Chairman Shickle explained that he and Supervisor Sager were not in complete agreement with what has been said concerning other properties than Fulton. Administrator Riley explained that the line was not extended at the same time as the line to service Fulton; however, they were given permission to do so. Assistant Tierney explained that for a number of years there have been many requests to extend water and sewer outside the SWSA; however, the directive has been this was not to be done other than for extreme situations ie. failing septics. Supervisor Sager explained his recollection of this and the areas that had been directly affccted. Administrator Riley advised that given the hour and the fact there is no clear direction, that perhaps the Board might want to schedule this for a future worksession. Supervisor Smith so moved, with Supervisor Sager seconding the motion. Supervisor Reyes advised that he was prepared to move for approval with Alternative #4. The above motion was denied by the following recorded vote: Richard C. Shickle - Nay W. Harrington Smith, Jr. - Aye Robert M. Sager - Nay Margaret B. Douglas - Nay Sidney A. Reyes - Nay Lynda J. Tyler - Nay Gina A. Forrester - Nay Upon motion made by Supervisor Reyes, seconded by Supervisor Tyler, the expansion request South of Fairfax Pike was approved, for public hearing, using Alternative #4 as follows: Alternative 4, recommended by the CPPS. Expands the SWSA by approximately 199 acres, and encompasses 15 properties. Of the 15 properties, 5 are currently served, or have been approved for service, by public facilities. A majority ofthe acreage included in Alternative 4 is county owned: Sherando High School and Sherando Park (approximately 170 acres). The above motion was approved by the following recorded vote: Richard C. Shickle - Aye W. Harrington Smith, Jr. - Nay Robert M. Sager - Aye Minute Book Number 27 Board of Supervisors Meeting of 01123/02 59 Margaret B. Douglas - Aye Sidney A. Reyes - Aye Lynda J. Tyler - Aye Gina A. Forrester - Aye WOODLANDS W AIVERREOUEST - WESTVIEWBUSINESS PARK - APPROVED Assistant Lawrence presented this request advising that a request had been received from Mark Smith of Greenway Engineering on behalf of a representative for the O'Sullivan tract. MI. Smith is requesting that a waiver of the woodlands disturbance requirement ofthe zoning ordinance be granted. The property is located in the Westview Business Center and is PIN 64-A-159H, an approximately 26-acre site, zoned M 1 (Light Industrial) and B2 (Business General), and previously master planned in 1987. The zoning ordinance allows for no more than 25 percent of woodlands to be disturbed. The ordinance further states that the Board of Supervisors may allow larger woodland areas to be disturbed in industrial parks. The applicant is requesting to be permitted to disturb up to 60 percent of the woodlands on this site in order to more fully develop the property for light industrial use. Upon motion made by Supervisor Smith, seconded by Supervisor Reyes, 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 - Nay Gina A. Forrester - Nay DISCUSSION OF PROPOSED AMENDMENTS TO ZONING ORDINANCE RE: LOADING AREA REQUIREMENTS - APPROVED FOR PUBLIC HEARING Planner II Jeremy Camp presented this information to the Board advising that the Planning Commission reviewed and discussed the attached text amendments at their December meeting, and had no issues of concern, and believed the amendment was appropriate as presented. He further explained that the goals of the amendment are to provide flexibility to smaller industrial and commercial users with minimal loading space activity. The amendments also clarify several ambiguities with the existing text. He further advised that the Industrial Parks Association has participated in the discussions held and supports the proposed changes. Director Wyatt advised this was just for discussion and staff would schedule advertising for public hearing. Minute Book Number 27 Board of Supervisors Meeting of 01123/02 -91 DISCUSSION OF CAPIT AL IMPROVEMENTS PLAN - TO BE SCHEDULED FOR PUBLIC HEARING Assistant Lawrence presented this plan to the Board advising this is for discussion and a date to be decided upon for a public hearing. Supervisor Sager addressed the break down ofthese projects and asked about proffers and the amount of monies the county might be receiving. Assistant Tierney advised the amount the county would be receiving is only a "drop in the bucket" compared to the capital cost. Supervisor Forrester asked about model and cost and if it was any where near the actual cost. Director Wyatt advised that this is a forecast of what the Board can expect down the road. He feels the figures are in the ball park. Upon motion made by Supervisor Sager, seconded by Supervisor Forrester, the 2002-2003 Capital Improvements Plan is to be scheduled for public hearing. 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 ROAD RESOLUTION (#030-02) FOR RA VENWING. SECTION I - APPROVED UNDER CONSENT AGENDA WHEREAS, the streets described on the attached Additions Form SR-5A, fully incorporated herein by reference, are shown on plats recorded in the Clerk's Office of the Circuit Court of Frederick County; and WHEREAS, the Resident Engineer of the Virginia Department of Transportation has advised this Board that the streets meet the requirements established by the Subdivision Street Requirements of the Virginia Department of Transportation; and WHEREAS, the County and the Virginia Department of Transportation have entered into an agreement on June 9, 1993, for comprehensive stormwater detention which applies to this request for addition; and NOW, THEREFORE, BE IT RESOLVED, this Board requests the Virginia Department of Transportation to add the streets described n the attached Additions Form SR-5(A) to the secondary system of state highways, pursuant to 33.1-229, Code of Virginia, and the Department's Subdivision Street Requirements; and BE IT FURTHER RESOLVED, this Board guarantees a clear and unrestricted right-of- way, as described, and any necessary easements for cuts, fills and drainage; and BE IT FURTHER RESOLVED, that a certified copy ofthis resolution be forwarded to the Minute Book Number 27 Board of Supervisors Meeting of 01/23/02 592 Resident Engineer for the Virginia Department of Transportation. COMMITTEE REPORTS FINANCE COMMITTEE REPORT The Finance Committee met in the First Floor Conference Room at 107 North Kent Street on January 16, 2002 at 8:00 a.m. The committee approved agenda items 1,2,3,6 and 7 under consent agenda. Upon motion made by Supervisor Smith, seconded by Supervisor Sager, the consent agenda, as noted above, was approved by the following recorded vote: Richard C. Shickle - Aye W. Harrington Smith, JI. - Aye Robert M. Sager - Aye Margaret B. Douglas - Aye Sidney A. Reyes - Aye Lynda J. Tyler - Aye Gina A. Forrester - Aye 1. The Sheriff requests a General Fund supplemental appropriation in the amount of $349.92. This amount represents this department's share in a recent DCJS seizure 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. 1-3. The committee recommends approval. - Approved 2. The Sheriff requests a General Fund supplemental appropriation in the amount of $452.00. This amount represents a donation to purchase a K-9 vest and is requested to be appropriated to line item 3102-5409-000-000 Police Supplies. No additional local funds are needed. See attached memo, p. 4. The committee recommends approval. - Approved 3. The Sheriff requests a General Fund supplemental appropriation in the amount of $4.730.10. This amount represents automobile insurance reimbursements and is requested to be appropriated to line item 3102-3004-000-002 Repair and Maintenance - Vehicle. No additional local funds are needed. See attached memos, p. 5-8. The committee recommends approval. - Approved 4. The Sheriff requests an General Fund supplemental appropriation in the amount of $14.789.41. This amount represents what is needed to finish the renovation of office space available for the Sheriff at 107 North Kent Street. It is requested that this amount be appropriated to line item 3102-8002-000-000 Furniture and Fixtures. Additional local funds are necessary. During the meeting it was discussed ifbond proceeds for the renovation could be a funding source. After the meeting, it was determined that bond proceeds could be used for funding. See attached memo, p. 9. The committee recommends approval. - Approved Upon motion made by Supervisor Smith, seconded by Supervisor Douglas, 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 Minute Book Number 27 Board of Supervisors Meeting of 01/23/02 593 5. The Fire and Rescue Director requests General Fund budget transfers in the amount of $50,000. This amount is needed to cover additional overtime costs for the remainder of this fiscal year. No additional local funds are needed. See attached memo, p. 10. The committee recommends approval. - Approved Upon motion made by Supervisor Smith, seconded by Supervisor Forrester, the above request was approved by the following recorded vote: Richard C. Shickle - Aye W. Harrington Smith, Jr. - Aye Robert M. Sager - Aye Margaret B. Douglas - Aye Sidney A. Reyes - Aye Lynda J. Tyler - Aye Gina A. Forrester - Aye 6. The Co-Directors of the Public Safety Communications Department request a General Fund supplemental appropriation in the amount of$l 0,080.00. This amount represents unbudgeted funds received from the Virginia Wireless 911 Grant and is requested to be appropriated into line item 3506-8003-000-000 Communications Equipment to purchase a Dictaphone recording system. No additional local funds are needed. See attached memo, p. 11. The committee recommends approval. - Approved 7. The Regional Jail requests a Jail Fund supplemental appropriation in the amount of $250.00. This amount represents an automobile insurance reimbursement and is requested to be appropriated to line item 3301-3004-000-002 Repair and Maintenance - Vehicle. No additional local funds are needed. See attached memo, p. 12. The committee recommends approval. - Approved 8. The Regional Jail requests Jail Fund budget transfers in the amount of $75.000. This amount is needed to cover expenses for medical and laboratory supplies for the remainder of this fiscal year. The Regional Jail is also requesting a Jail Fund supplemental appropriation in the amount of$7,885. This amount is needed to purchase winter jackets for the correctional personnel and is requested from the jail reserves. See attached memo, p. 13. The committee recommends approval ofthe $75,000 transfer, however, the committee did not recommend approval ofthe $7,885 supplemental appropriation. - 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 Robert M. Sager - Aye Margaret B. Douglas - Aye Sidney A. Reyes - Aye Lynda J. Tyler - Aye Gina A. Forrester - Aye 9. The Regional Jail requests a Jail Fund supplemental appropriation in the amount of $60,000. This amount is needed for a per diem to cover expenses for housing prisoners at another facility. The funding source will be the jail reserves. See attached memo, p. 14. The committee recommends approval. The committee also requested that the county revisit the agreement between Fauquier County and the regional jail. - Approved Upon motion made by Supervisor Smith, seconded by Supervisor Reyes, the above motion was approved by the following recorded vote: Minute Book Number 27 Board of Supervisors Meeting of 01123/02 594 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 10. The School Finance Director requests 1) a NREP Operating Fund supplemental appropriation in the amount of $111.766.25 representing the fund balance transferred from Winchester Schools; 2) a NREP Textbook Fund supplemental appropriation in the amount of $10.209.98 representing the fund balance transferred from Winchester Schools; and 3) a School Operating Fund supplemental appropriation in the amount of$347.935.00 representing additional federal dollars anticipated to be received for new grant awards. See attached memo, p. 15. The committee recommends approval for items 1 and 2, the NREP supplemental appropriations. Regarding item 3, the committee recommends approval for $99,768 of the $347,935 School Operating request. This $99,768 is made up of the Drug and Violence Prevention Grant, Instructional Support Grant and Title VI Grant. The remaining $248,167 is being postponed until the next committee meeting when more information will be presented by the School Board to the Finance Committee. Upon motion made by Supervisor Smith, seconded by Supervisor Forrester, 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 1. Tyler - Aye Gina A. Forrester - Aye 11. The County Administrator requests a General Fund supplemental appropriation not to exceed $4.200.00. This amount is needed for a board retreat planned for February, 2002. Additional local funds are necessary. The committee recommends approval. - Approved As Amended Administrator Riley advised that he was amending his request to have the retreat in town and amend the amount of his request to $1200. This is to cover the cost of the facilitators and their room and board. Chairman Shickle advised that Shenandoah University would be available at no charge, if the Board was interested in using the facility. Upon motion made by Supervisor Smith, seconded by Supervisor Reyes, the above request was 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 27 Board of Supervisors Meeting of 01123/02 95 A BUDGET WORKSESSION WAS HELD IMMEDIATELY FOLLOWING THE COMMITTEE AGENDA. THE BOARD OF SUPERVISORS IS REQUESTED TO SCHEDULE A BOARD BUDGET WORKSESSION. BOARD OF SUPERVISORS' COMMENTS Supervisor Reyes thanked Assistant Planning Director Eric Lawrence for all his efforts and the information he had presented to the Board at tonight's meeting to assist them in making their decisions on various agenda items. UPON MOTION MADE BY SUPERVISOR REYES, SECONDED BY SUPERVISOR SAGER, THERE BEING NO FURTHER BUSINESS TO COME BEFORE THIS BOARD, THIS MEETING IS HEREBY ADJOURNED. (TIME: 11:12 P.M.) '" ^--. ~ . J nR.Riley,J'. lerk, Board of Supervisors (L---5L--9 ~Q~ Richard C. Shickle Chairman, Board of Supervisors Minutes Prepared By: ~JU~ fT ~ ~ Carol T. Bayliss Deputy Clerk, Board of Supervisors Minute Book Number 27 Board of Supervisors Meeting of 01123/02