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January 27 2010 Regular Meeting297 A Regular Meeting of the Frederick County Board of Supervisors was held on Wednesday, January 27, 2010, at 7:15 P.M., in the Board of Supervisors' Meeting Room, County Administration Building, 107 North Kent Street, Winchester, Virginia. PRESENT Chairman Richard C. Shickle; Christopher E. Collins; Charles S. DeHaven, Jr.; Gary W. Dove; Bill M. Ewing; Gene E. Fisher; and Gary A. Lofton. CALL TO ORDER Chairman Shickle called the regular meeting to order. INVOCATION Reverend Ross Halbersma, New Hope Alliance Church, delivered the invocation. PLEDGE OF ALLEGIANCE Vice - Chairman Ewing led the Pledge of Allegiance. ADOPTION OF AGENDA — APPROVED AS AMENDED County Administrator Riley John R. Riley, Jr. advised he had two changes to the agenda. First was a request from the applicant to postpone Rezoning #06 -09. Second, he asked to add as Item #2 under County Officials a joint resolution by the Board of Supervisors and Frederick County School Board opposing the delayed implementation of the 2010 -2012 Local Composite Index. Upon a motion by Supervisor Dove, seconded by Supervisor DeHaven, the Board approved the agenda as amended. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Christopher E. Collins Aye Charles S. DeHaven, Jr. Aye Gary W. Dove Aye Bill M. Ewing Aye Gene E. Fisher Aye Gary A. Lofton Aye CONSENT AGENDA There were no items for the consent agenda. 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 01/27/10 298 COUNTY OFFICIALS REAPPOINTMENT OF CHRISTOPHER M. MOHN AS RED BUD DISTRICT REPRESENTATIVE TO THE PLANNING COMMISSION - APPROVED Upon a motion by Supervisor Collins, seconded by Supervisor Fisher, the Board reappointed Christopher M. Mohn as Red Bud District representative to the Planning Commission. This is a four year appointment, said term to expire January 27, 2014. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Christopher E. Collins Aye Charles S. DeHaven, Jr. Aye Gary W. Dove Aye Bill M. Ewing Aye Gene E. Fisher Aye Gary A. Lofton Aye APPOINTMENT OF PHILIP A. LEMIEUX AS RED BUD DISTRICT REPRESENTATIVE TO THE PLANNING COMMISSION - APPROVED Upon a motion by Supervisor Collins, seconded by Supervisor DeHaven, the Board appointed Philip A. Lemieux as Red Bud District representative to the Planning Commission. This is a four year appointment, said term to expire January 27, 2014. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Christopher E. Collins Aye Charles S. DeHaven, Jr. Aye Gary W. Dove Aye Bill M. Ewing Aye Gene E. Fisher Aye Gary A. Lofton Aye EMERGENCY COMMUNICATIONS AND PARKS AND RECREATION CONSOLIDATION SUBCOMMITTEES BOARD REPRESENTATIVES Chairman Shickle advised there were two consolidation subcommittees working on their respective areas of focus. He reminded the Board that Supervisor Dove was the Board's representative to the Emergency Communications Center Consolidation Study Committee and Supervisor Collins was the Board's representative on the Parks and Recreation Consolidation Study Committee. JOINT RESOLUTION OF THE FREDERICK COUNTY BOARD OF SUPERVISORS AND FREDERICK COUNTY SCHOOL BOARD OPPOSING THE DELAYED IMPLEMENTATION OF THE REOUTINE BIENNIAL RE- BENCHMARKING UPDATE TO THE 2010 -2012 LOCAL COMPOSITE INDEX — (RESOLUTION #051 -10) - APPROVED Administrator Riley advised this was a joint resolution asking our delegation to oppose the delay in implementation of the revised Local Composite Index funding formula. He went on Minute Book Number 35 Board of Supervisors Regular Meeting of 01/27/10 299 to say Frederick County's index decreased, which would make us eligible for an additional $2.5 million in funding. Chairman Shickle stated he would like to see additional verbiage that referenced when the index goes up, we must pay the bill and when the index goes down the bill must be paid. Upon a motion by Supervisor Dove, seconded by Vice - Chairman Ewing, the Board adopted the joint resolution of the Frederick County Board of Supervisors and the Frederick County School Board. Whereas, the Frederick County Board of Supervisors remains committed to serving the residents and businesses of the County by providing high quality, cost effective, core public services such as public K -12 education; and Whereas, the Frederick County School Board remains committed to serving the residents and businesses within Frederick County by providing children every opportunity for a high - quality education in a safe and nurturing environment; Whereas, a high quality and cost - effective public education promotes the welfare of Frederick County and prepares the county's students for their many challenges in the future; and thereby promotes and furthers economic development in Frederick County and the Commonwealth of Virginia by maximizing our ability to compete and attract businesses both nationally and internationally; and Whereas, public education within the Commonwealth has been a mutually shared fiscal obligation and a core service jointly provided by Virginia and local governments and of which many mutual benefits are derived in its success; and Whereas, the Proposed State Biennial Budget as introduced on December 18, 2009, proposes a "freeze" to the Local Composite Index (LCI) for FY 11, which is the measure used to determine the state and local shares of K -12 education costs which will result in an estimated $2.5 million less in state education aid for Frederick County even though the school population is projected to grow by 126 students in FYI 1; and Whereas, in past years when Frederick County's Local Composite Index increased the locality had to pay those costs without the luxury of deferring this expense; therefore, when the Local Composite Index declines, Frederick County expects the Commonwealth to meet its payment obligation in the same manner. Now Therefore, Be It Resolved that the Frederick County Board of Supervisors and the School Board of Frederick County, Virginia, strongly oppose the arbitrary and delayed implementation of the routine biennial re- benchmark update to the 2010 -2012 LCI contained in the Proposed State Biennial Budget as introduced. • While imperfect, the LCI has been the Commonwealth's accepted measure of local ability to pay for K -12 education. State K -12 funding formulas must be implemented consistently, fairly and equitably, so all localities benefit from their partnership with the Commonwealth. • Though this proposal disproportionately penalizes many Northern Virginia localities in the current year, this breach of trust will be felt by urban, suburban, and rural localities throughout the Commonwealth both now and into the future. Now, Therefore, Be It Further Resolved, that the Frederick County Board of Supervisors and the School Board of Frederick County, Virginia, jointly resolve to work together with other partners including other localities and school divisions, business and non - profit organizations, and willing members of the county's and regional delegations to the Virginia General Assembly to oppose this action and voice their concerns about the postponement of the LCI for FY 11. Minute Book Number 35 Board of Supervisors Regular Meeting of 01/27/10 300 Adopted this 27 day of January, 2010. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Christopher E. Collins Aye Charles S. DeHaven, Jr. Aye Gary W. Dove Aye Bill M. Ewing Aye Gene E. Fisher Aye Gary A. Lofton Aye COMMITTEE REPORTS FINANCE COMMITTEE REPORT - APPROVED The Audit Committee met in the First Floor Conference Room at 107 North Kent Street on Wednesday, January 20, 2010 at 8:00 a.m. The Finance Committee meeting immediately followed. 1. A representative from Robinson, Farmer, Cox Associates will present the Comprehensive Annual Financial Report (CAFR) for the fiscal year ending June 30, 2009. The presentation was with no reportable items to note. Finance Committee 1. The SVBF requests a General Fund supplemental appropriation in the amount of $24,000 for the stabilization and restoration of Star Fort. See attached information, p. 1 -19. The committee recommends appropriation and distribution of funds collected to date and an additional appropriation for additional funds collected through June 30, 2010, not to exceed $24,000. - Approved Supervisor DeHaven advised he would be abstaining from this vote because he sits on the board of the Battle Field Foundation. Upon a motion by Vice - Chairman Ewing, seconded by Supervisor Dove, the Board approved the above motion by the following recorded vote: Richard C. Shickle Aye Christopher E. Collins Aye Charles S. DeHaven, Jr. Abstain Gary W. Dove Aye Bill M. Ewing Aye Gene E. Fisher Aye Gary A. Lofton Aye 2. A General Fund supplemental appropriation in the amount of $83,881 is being requested for the replacement chiller at the Bowman Regional Library. See attached memo, p. 20 -21. The committee recommends approval. -Approved Upon a motion by Vice - Chairman Ewing, seconded by Supervisor Fisher, the Board approved the above request by the following recorded vote: Richard C. Shickle Aye Christopher E. Collins Aye Charles S. DeHaven, Jr. Aye Gary W. Dove Aye Bill M. Ewing Aye Minute Book Number 35 Board of Supervisors Regular Meeting of 01/27/10 301 Gene E. Fisher Aye Gary A. Lofton Aye 3. Discussion requested on the development of the FY 2010 -2011 county budget. See attached memo, p. 22. — Approved A Joint Meeting of the Finance Committee and Board of Supervisors. Upon a motion by Vice - Chairman Ewing, seconded by Supervisor Lofton, the Board approved a joint meeting between the Finance Committee and the Board of Supervisors to discuss the FY 2010 -2011 budget. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Christopher E. Collins Aye Charles S. DeHaven, Jr. Aye Gary W. Dove Aye Bill M. Ewing Aye Gene E. Fisher Aye Gary A. Lofton Aye ** *Information Only * ** 1. The Finance Director provides December 31, 2009 financial statements. See attached, p. 23 -27. 2. The Finance Director provides the Fund 10 Transfer report. See attached, p. 28 -30. 3. The Finance Director provides the Unreserved Fund Balance report. See attached, p. 31. 4. There is a joint budget work session with the school board tentatively scheduled for Thursday, February 11, 2010 to discuss the school budget. PLANNING COMMISSION BUSINESS PUBLIC HEARINGS PUBLIC HEARING - REZONING #09 -09 OF GRAYSTONE CORPORATION OF VIRGINIA, SUBMITTED BY GREENWAY ENGINEERING, TO REZONE 271.39 ACRES FROM RA (RURAL AREAS) DISTRICT TO M1 (LIGHT INDUSTRIAL) DISTRICT, WITH PROFFERS, FOR OFFICE AND MANUFACTURING USES. THE PROPERTIES ARE LOCATED ON THE NORTH SIDE OF REDBUD ROAD (ROUTE 661), THE EAST SIDE OF CSX RAILROAD, THE WEST SIDE OF MILBURN ROAD (ROUTE 662), AND SOUTH OF MCCANNS ROAD (ROUTE 838), AND ARE IDENTIFIED BY PROPERTY IDENTIFICATION NUMBERS 43 -A -158, 44 -A -25, AND 44 -A -26 IN THE STONEWALL MAGISTERIAL DISTRICT. - APPROVED Deputy Planning Director Michael Ruddy appeared before the Board regarding this item. He advised this was a proposal to rezone 271.39 acres from RA (Rural Areas) District to Ml (Light Industrial) District, with proffers, for office and manufacturing uses. The property is located off of Route 11 North. The property is located in the Urban Development Area, Sewer and Water Service Area, and the Northeast Land Use Plan. The property is identified as a planned unit development. The applicant has proffered a generalized development plan, which Minute Book Number 35 Board of Supervisors Regular Meeting of 01/27/10 302 includes the proposed extension of Snowden Bridge Boulevard and the location of future Route 37 right -of -way. Deputy Director Ruddy went on to say the proffer statement has been modified since the Planning Commission recommended approval. He noted the revised proffer statement is dated January 25, 2010. He went on to say the Planning Commission recommended approval of this application with the understanding that the proffer statement would be revised to address several items pertaining to transportation. Deputy Director Ruddy advised the unresolved issues included: - Potential impacts to some adjacent properties; and - Recommendations of the Historic Resources Advisory Board. He concluded by saying the Planning Commission unanimously recommended approval. Deputy Director — Transportation John Bishop appeared before the Board regarding the unresolved transportation issues, which included: - Route 37 timeline; - Generalized development plan alignment; - Location of items within the proffered right -of -way; - Bicycle facilities; and - Red Bud Road connection. He noted that the original proffer D -3 spoke to a "general location on the proffered generalized development plan"; however, revised proffers D -3 and D -13 have been updated to read "the applicant shall be allowed to install utilities or other elements necessary for site development within the dedicated right -of -way area, provided that this does not restrict use of the right -of- way." He stated this would allow water and sewer lines, etc. to be placed in the dedicated right- of -way area; however, stormwater pond and utility boxes, etc. would not be permitted. Deputy Director Bishop went on to say the property is centrally located between the Snowden Bridge development and the Shenandoah Valley Battlefield properties and staff hoped to work with the applicant to make the bike trail connection. Chairman Shickle asked for a design cost in today's dollars. Deputy Director Bishop advised he would have to get VDOT to run the numbers, but a cost for partial design was in the neighborhood of $650,000. Lloyd Ingram, VDOT Engineer, responded that partial design would get us to a point to define the right -of -way needs. Minute Book Number 35 Board of Supervisors Regular Meeting of 01/27/10 303 Supervisor Dove referred to the staff report summary concerning the limited time frame for the right -of -way dedication for Route 37. He stated that even after eight years, the County would still get 225 feet of right -of -way for Route 37. Deputy Director Bishop responded that was correct, but the County would have only eight years to obtain the correct amount of right -of -way and work with VDOT to reach a design decision on the roadway. Evan Wyatt, Greenway Engineering, appeared before the Board on behalf of the applicant. He reviewed the revised areas since the application received the Planning Commission's recommendation. The generalized development plan shows the landscaping being relocated to the applicant's property instead of the Battlefield Foundation's property. The project nicely fills a hole that was left out of the Snowden Bridge development, which is major employment. He went on to say the project addresses the Route 37 right -of -way needs; provides additional time for a design decision; and the right -of -way to connect Red Bud Road to Snowden Bridge Boulevard. Mr. Wyatt stated VDOT felt a five year design could be accomplished, but the applicant kept the eight year timeline, which could be extended further. As far as addressing the County Attorney comments, the application: - Route 37 mainline with C/D lanes; - VDOT and Frederick County have approval authority for right -of -way design; and - Easements for relocated access. Mr. Wyatt concluded by reviewing the project's benefits, which include: - Regional transportation with Route 37 and Interstate 81; - An employment center; - Rail serve industrial site; - Job creation; - Tax revenue for Frederick County; and - A cash positive of $40 million at build out in 20 years. Supervisor Lofton asked Mr. Wyatt to identify phase I and phase II build out. Mr. Wyatt responded those areas are not identified on the generalized development plan, because the applicant is not sure which land bay will be developed first. He did note that phase I would get Snowden Bridge Boulevard into the property. Minute Book Number 35 Board of Supervisors Regular Meeting of 01/27/10 304 Chairman Shickle asked how long it would take to have the site ready if there was a willing customer. Mr. Wyatt responded 6 -8 months for the infrastructure. Chairman Shickle asked how long it would take to be ready for a customer. Mr. Wyatt responded that the applicant's next step would be to get the master development plan approved, which would take about six to eight months. He went on to say if I I __ there was a customer the applicant would work with the county to dovetail the master development plan and site plan approvals simultaneously. Chairman Shickle convened the public hearing. Beth Stern, Director of Policy and Communications for the Shenandoah Valley Battlefield Foundation, advised they have protected almost 400 acres at Second and Third Winchester. She went on to say a plan was created in 1999 to preserve the Milburn Road Corridor and was incorporated into the Comprehensive Plan. With regard to this application, she stated adequate buffers and screening should be required and she hoped the Board would protect the Foundation's investment and uphold the recommendations regarding the Milburn Road corridor. Gary Oates, Stonewall District, spoke in support of this application. He advised there were only six adjoining homeowners and he would like to see some extra screening put in place to protect them. He noted in this application the applicant has proffered $0.05 per square foot for fire and rescue while other rezonings have proffered $0.10 per square foot for fire and rescue. He supported staff's calls for public trails. He concluded by reminding the Board if they have to purchase right -of -way for Route 37 they would have to now pay M1 prices instead of RA. There being no further public comments, Chairman Shickle closed the public hearing. Upon a motion by Supervisor DeHaven, seconded by Supervisor Dove, the Board approved Rezoning #09 -09 with the proffers as amended. Chairman Shickle stated that he hoped some consideration would be given to the neighbors along Milburn Road. WHEREAS, Rezoning #09 -09 of Graystone Corporation of Virginia, submitted Greenway Engineering, to rezone 271.39 acres from RA (Rural Areas) District to M1 (Li; Industrial) District, with proffers dated August 24, 2009, last revised on January 25, 2010, Office and Manufacturing Uses, was considered. The properties are located on the north side Redbud Road (Route 661), the east side of CSX Railroad, the west side of Milburn Road (Ro 662), and south of McCanns Road (Route 838), in the Stonewall Magisterial District, and identified by Property Identification Numbers 43 -A -158, 44 -A -25 and 44 -A -26. Minute Book Number 35 Board of Supervisors Regular Meeting of 01/27/10 305 WHEREAS, the Planning Commission held a public hearing on this rezoning on November 4, 2009 and a public meeting on January 6, 2010; and WHEREAS, the Board of Supervisors held a public hearing on this rezoning on January 27, 2010; and WHEREAS, the Frederick County Board of Supervisors finds the approval of this rezoning to be in the best interest of the public health, safety, welfare, and in conformance with the Comprehensive Policy Plan; NOW, THEREFORE, BE IT ORDAINED by the Frederick County Board of Supervisors that Chapter 165 of the Frederick County Code, Zoning, is amended to revise the Zoning District Map to rezone 271.39 acres from RA (Rural Areas) District to Ml (Light Industrial) District, for Office and Manufacturing Uses. The conditions voluntarily proffered in writing by the applicant and the property owner are attached. This ordinance shall be in effect on the date of adoption. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Christopher E. Collins Aye Charles S. DeHaven, Jr. Aye Gary W. Dove Aye Bill M. Ewing Aye Gene E. Fisher Aye Gary A. Lofton Aye Upon a motion by Supervisor DeHaven, seconded by Supervisor Dove, the Board directed staff to schedule a public hearing to amend the Comprehensive Plan to remove the developmentally sensitive area designation from the area bounded by: Route 37 to the north; Milburn Road to the east; Route 11 to the west; and Red Bud Road to the south. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Christopher E. Collins Aye Charles S. DeHaven, Jr. Aye Gary W. Dove Aye Bill M. Ewing Aye Gene E. Fisher Aye Gary A. Lofton Aye PUBLIC HEARING - REZONING #06 -09 OF JORDAN SPRINGS PROPERTY TO REVISE PROFFERS ASSOCIATED WITH REZONING #10 -01 FOR 10.33 ACRES OF LAND ZONED B2 (GENERAL BUSINESS) DISTRICT WITH HISTORIC AREAS (HA) OVERLAY ZONE. THIS REVISION IS INTENDED TO ADD PERMITTED USES ON THE SITE. THE PROPERTY IS LOCATED AT 1160 JORDAN SPRINGS ROAD AND FRONTS THE WEST SIDE OF JORDAN SPRINGS ROAD (ROUTE 664), AND IS IDENTIFIED BY PROPERTY IDENTIFICATION NUMBERS 44 -A -294 AND 44- A -294A (PORTIONS OF) IN THE STONEWALL MAGISTERIAL DISTRICT. — POSTPONED AT THE REOEUST OF THE APPLICANT BOARD LIAISON REPORTS Chairman Shickle reported the Joint Finance Committee met this morning and recommended a joint meeting between the Board and City Council to hear a report from the Minute Book Number 35 Board of Supervisors Regular Meeting of 01/27/10 is Communications Center Consolidation subcommittee and to discuss tourism and the proposed relocation of Detox. Administrator Riley advised the target date for the meeting is February 17, 2010 at 5:30 p.m. at Rouss City Hall. CITIZEN COMMENTS There were no citizen comments. BOARD OF SUPERVISORS COMMENTS Vice - Chairman Ewing asked for clarification of a memo the Board received from the Superintendent of Schools. He thought the Board and School Board had agreed not to fund construction of a transportation facility at this time. Superintendent Patricia Taylor stated the purpose of the memo was to make sure everyone was on the same page and to advise the Board that the School Board was not moving forward with a Spring bond issue. Chairman Shickle stated it was his understanding from a process standpoint that the proposal would go through a design build process. The Board agreed with that understanding. ADJOURN UPON A MOTION BY VICE - CHAIRMAN EWING, SECONDED BY SUPERVISOR DOVE, THERE BEING NO FURTHER BUSINESS TO COME BEFORE THIS BOARD, THIS MEETING IS HEREBY ADJOURNED. (8:10 P.M.) Richard C. Shickle Chairman, Board of Supervisors John R. Riley, Jr. Clerk, Board of Supervisors Minutes Prepared By: —/ Jay . T' bs Deputy Clerk, Board of Supervisors Minute Book Number 35 Board of Supervisors Regular Meeting of 01/27/10