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HomeMy WebLinkAboutMay 26 2010 Regular Meeting474! A Regular Meeting of the Frederick County Board of Supervisors was held on Wednesday, May 26, 2010, at 7:15 P.M., Board of Supervisors' Meeting Room, County Administration Building, 107 North Kent Street, Winchester, Virginia. PRESENT Chairman Richard C. Shickle; Vice - Chairman Bill M. Ewing; Charles S. DeHaven, Jr.; Gary W. Dove; Gene E. Fisher; and Gary A. Lofton. ABSENT Christopher E. Collins (arrived at 8:07 P.M.). CALL TO ORDER Chairman's Shickle called the meeting to order. INVOCATION Supervisor Dove delivered the invocation. PLEDGE OF ALLEGIANCE Vice - Chairman Ewing led the Pledge of Allegiance. ADOPTION OF AGENDA — APPROVED AS AMENDED County Administrator John R. Riley, Jr. offered two changes to the agenda: - Removal of Tab E - Resolution Authorizing Appeal to the Board of Zoning Appeals for the City of Winchester Regarding Property at 317 S. Cameron Street; and - Addition of a request for a work session, as item number 2 under Other Planning Items. Upon a motion by Supervisor Dehaven, seconded by Vice - Chairman Ewing, the Board approved the agenda as amended. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Bill M. Ewing Aye Christopher E. Collins Absent Charles S. DeHaven, Jr. Aye Gary W. Dove Aye Gene E. Fisher Aye Gary A. Lofton Aye CONSENT AGENDA - APPROVED Administrator Riley offered the following item for the Board's consideration under the consent agenda: - Proclamation Declaring June 1 -7, 2010 as National CPR Week — Tab D. Minute Book Number 35 Board of Supervisors Regular Meeting of 05/26/10 475 Upon a motion by Supervisor Dove, seconded by Supervisor Fisher, the Board approved the consent agenda by the following recorded vote: Richard C. Shickle Aye Bill M. Ewing Aye Christopher E. Collins Absent Charles S. DeHaven, Jr. Aye Gary W. Dove Aye Gene E. Fisher Aye Gary A. Lofton Aye CITIZEN COMMENTS There were no citizen comments. BOARD OF SUPERVISORS COMMENTS There were no Board of Supervisors' comments. MINUTES - APPROVED Upon a motion by Supervisor Dove, seconded by Vice - Chairman Ewing, the Board approved the minutes from the May 12, 2010 Regular Meeting by the following recorded vote: Richard C. Shickle Aye Bill M. Ewing Aye Christopher E. Collins Absent Charles S. DeHaven, Jr. Aye Gary W. Dove Aye Gene E. Fisher Aye Gary A. Lofton Aye COUNTY OFFICIALS ROBERT G. GOLDSMITH, PRESIDENT AND CEO OF PEOPLE, INC., TO ADDRESS THE BOARD RE: PRESENTATION OF UPDATE ON AGENCY'S ACTIVITIES AND ACCOMPLISHMENTS — REFERRED THE COMMUNITY DEVELOPMENT BLOCK GRANT APPLICATION REQUEST TO STAFF FOR FURTHER INVESTIGATION Robert G. Goldsmith, President and CEO of People, Inc., appeared before the Board to provide an update on his agency's activities and accomplishments. He requested the Board reappoint a new representative to the People, Inc. board of directors. He then reported his group had provided housing and foreclosure counseling to 17 households in the area and worked with the Northern Shenandoah Valley Regional Commission on the Housing Consortium. Mr. Goldsmith went on to say People, Inc. would like to start a Microenterprise Program to provide training and teaching assistance and small business loans. He noted a similar program currently operates in Page and Shenandoah counties. He has been in talks with Warren and Clarke counties and he asked this board to consider partnering with Clarke and Warren counties to apply for the $300,000 Community Development Block Grant. He went on to say he was looking for a Minute Book Number 35 Board of Supervisors Regular Meeting of 05/26/10 4761 $180,000 match for a total of $480,000 with $120,000 of those monies being used to pay for staff to provide assistance. He concluded by saying if the Board chose to go forward they would need to schedule two public hearings. Chairman Shickle stated he had concerns about the Community Development Block Grant because we work with our Economic Development Commission on a number of the areas this grant might address. He went on to say when Frederick County works with other jurisdictions on joint projects we usually go through the Northern Shenandoah Valley Regional Commission. He concluded by saying it concerned him when there were too many people doing the same thing. Chairman Shickle also asked Mr. Goldsmith if he would be agreeable to Frederick County having oversight of this grant. Mr. Goldsmith responded they could not have one locality with total oversight of this program, as it must be a collaborative effort. Administrator Riley suggested the County defer to the Northern Shenandoah Valley Regional Commission to ensure there is a not a duplication of efforts. He stated he would also like to discuss with the Commission their interest in serving in this capacity. He advised the Board not to act on this item tonight and that the request be referred to the Northern Shenandoah Valley Regional Commission through him for comment. Upon a motion by Vice - Chairman Ewing, seconded by Supervisor DeHaven, the Board referred this request to the County Administrator for further investigation and to return on a future agenda. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Bill M. Ewing Aye Christopher E. Collins Absent Charles S. DeHaven, Jr. Aye Gary W. Dove Aye Gene E. Fisher Aye Gary A. Lofton Aye COMMITTEE APPOINTMENTS APPOINTMENT OF DR. JOHN LAMANNA AS FREDERICK COUNTY SCHOOL BOARD REPRESENTATIVE TO THE DEVELOPMENT IMPACT MODEL COMMITTEE - APPROVED Upon a motion by Supervisor DeHaven, seconded by Supervisor Lofton, the Board appointed Dr. John Lamanna as Frederick County School Board representative to the Development Impact Model Committee. Minute Book Number 35 Board of Supervisors Regular Meeting of 05/26/10 477 The above motion was approved by the following recorded vote: Richard C. Shickle Aye Bill M. Ewing Aye Christopher E. Collins Absent Charles S. DeHaven, Jr. Aye Gary W. Dove Aye Gene E. Fisher Aye Gary A. Lofton Aye REAPPOINTMENT OF KATHLEEN H. PITCOCK AS BACK CREEK DISTRICT REPRESENTATIVE TO THE SOCIAL SERVICES BOARD - APPROVED Upon a motion by Supervisor Lofton, seconded by Supervisor Dove, the Board reappointed Kathleen H. Pitcock as Back Creek District representative to the Social Services Board. This is a four year appointment, said term to expire June 30, 2014. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Bill M. Ewing Aye Christopher E. Collins Absent Charles S. DeHaven, Jr. Aye Gary W. Dove Aye Gene E. Fisher Aye Gary A. Lofton Aye PROCLAMATION 0005 -10) DECLARING JUNE 1-7,2010 AS NATIONAL CPR WEEK — APPROVED UNDER CONSENT AGENDA WHEREAS, heart disease affects men, women, and children of every age and race in the United States and it continues to be the leading cause of death in America; and WHEREAS, approximately 295,000 emergency medical services- treated out -of- hospital cardiac arrests occur annually nationwide. Approximately 92 percent of sudden cardiac arrest victims die before being discharged from a hospital; and WHEREAS, only 31.4 percent of out -of- hospital cardiac arrest victims receive bystander cardiopulmonary resuscitation (CPR); and WHEREAS, the prompt delivery of CPR or use of an automated external defibrillator (AED) more than doubles the victim's chance of survival; and WHEREAS, for every minute without bystander CPR, survival from witnessed cardiac arrest decreases 7 -10 percent; and WHEREAS, The American Heart Association, the American Red Cross and the National Safety Council are preparing a public awareness and training campaign on CPR and AED use, to be held during the first week of June. NOW, THEREFORE, BE IT PROCLAMED, by the Board of Supervisors of Frederick County, Virginia, recognize June 1 — 7, 2010, as National CPR and AED Awareness Week. The Board of Supervisors commends the good work of the American Heart Association, the American Red Cross and the National Safety Council and encourages all Frederick County citizens to become properly trained in CPR and AED usage. ADOPTED this 26" day of May, 2010. Minute Book Number 35 Board of Supervisors Regular Meeting of 05/26/10 478 RESOLUTION ( #08610) AUTHORIZING APPEAL TO T HE BOARD OF ZONING APPEALS FOR THE CITY OF WINCHESTER REGARDING PROPERTY AT 317 S. CAMERON STREET — REMOVED FROM THE AGENDA COMMITTEE REPORTS FINANCE COMMITTEE REPORT- APPROVED The Finance and Audit Committees met in the First Floor Conference Room at 107 North Kent Street on Wednesday, May 19, 2010 at 8:00 a.m. Member Richard Shickle was absent. Items one was approved under consent agenda. FINANCE COMMITTEE 1. The Sheriff requests a General Fund supplemental appropriation in the amount of $1,148.10 This amount represents a DARE donation and a t -shirt reimbursement. No local funds required. See attached, p. 1 -2. — 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 Christopher E. Collins Absent Charles S. DeHaven, Jr. Aye Gary W. Dove Aye Gene E. Fisher Aye Gary A. Lofton Aye 2. The Sheriff requests a General Fund supplemental appropriation in the amount of $85,837 This amount represents two grants received by the department. No local funds required. See attached, p. 3 -9. 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 Bill M. Ewing Aye Christopher E. Collins Absent Charles S. DeHaven, Jr. Aye Gary W. Dove Aye Gene E. Fisher Aye Gary A. Lofton Aye 3. The Sheriff requests a General Fund supplemental appropriation in the amount of $267,527.07 This amount represents a carry forward of grant funds. No local funds required. See attached, p. 10 -11. 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 Christopher E. Collins Absent Charles S. DeHaven, Jr. Aye Gary W. Dove Aye Gene E. Fisher Aye Gary A. Lofton Aye Minute Book Number 35 Board of Supervisors Regular Meeting of 05/26/10 479 4. The Fire & Rescue Chief requests a General Fund supplemental appropriation in the amount of $39,563.26 for purchase of radio equipment. This amount represents funds received from the sale of the ladder truck. See attached, p. 12 -14. The committee recommends approval. — Approved. Upon a motion by Vice - Chairman Ewing, seconded by Supervisor Dove, the Board approved the above request by the following recorded vote: 5. The Assistant County Administrator and the IT Director request a General Fund supplemental appropriation in the amount of $112,000 These funds are needed for data backup equipment, server room climate control and a backup generator. See attached information, p. 15- 32. The committee recommends approval of the following supplemental appropriations: $17,000 for backup equipment, $55,000 for server room climate control and $40,000 for relocation of a backup generator. — Approved. Upon a motion by Vice - Chairman Ewing, seconded by Supervisor Lofton, the Board approved the above request with the received bids to go back to the Public Works Committee for review. The motion was approved by the following recorded vote: Richard C. Shickle Richard C. Shickle Aye Bill M. Ewing Bill M. Ewing Aye Christopher E. Collins Christopher E. Collins Absent Charles S. DeHaven, Jr. Charles S. DeHaven, Jr. Aye Gary W. Dove Gary W. Dove Aye Gene E. Fisher Gene E. Fisher Aye Gary A. Lofton Gary A. Lofton Aye 5. The Assistant County Administrator and the IT Director request a General Fund supplemental appropriation in the amount of $112,000 These funds are needed for data backup equipment, server room climate control and a backup generator. See attached information, p. 15- 32. The committee recommends approval of the following supplemental appropriations: $17,000 for backup equipment, $55,000 for server room climate control and $40,000 for relocation of a backup generator. — Approved. Upon a motion by Vice - Chairman Ewing, seconded by Supervisor Lofton, the Board approved the above request with the received bids to go back to the Public Works Committee for review. The motion was approved by the following recorded vote: Richard C. Shickle Aye Bill M. Ewing Aye Christopher E. Collins Absent Charles S. DeHaven, Jr. Aye Gary W. Dove Aye Gene E. Fisher Aye Gary A. Lofton Aye 6. The Deputy Public Works Director requests a General Fund supplemental appropriation in the amount of $406,200 This amount represents additional funds needed for the N.W. Works project. N.W. Works has agreed to reimburse the County as these funds are expended. See attached information including draft contracts, p. 33 -47. 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 Christopher E. Collins Absent Charles S. DeHaven, Jr. Aye Gary W. Dove Aye Gene E. Fisher Aye Gary A. Lofton Aye 7. The Fire & Rescue Chief requests a General Fund supplemental appropriation in the amount of $16,215 This amount represents $8,215 in unbudgeted funds received from fire programs and an additional $8,000 in local funds. See attached memo, p. 48 -49. The committee recommends approval. — Approved. Minute Book Number 35 Board of Supervisors Regular Meeting of 05/26/10 x+801 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 Bill M. Ewing Christopher E. Collins Charles S. DeHaven, Jr Gary W. Dove Gene E. Fisher Gary A. Lofton Aye Aye Absent Aye Aye Aye Aye AUDIT COMMITTEE ** *Information Only * ** 1. The Finance Director provides April 30, 2010 financial statements. See attached, p. 1. Randy Jones from Robinson, Farmer, Cox Associates was present to discuss the upcoming FY 2010 audit. 50 -54. 2. The Finance Director provides the Fund 10 Transfer report. See attached, p. 55 -59. 3. The Finance Director provides the April 2010 Unreserved Fund Balance report. See attached, p. 60. PUBLIC HEARING PUBLIC HEARING - OUTDOOR FESTIVAL PERMIT REQUEST OF DARBY SHORT FOR SHENANDOAH STORAGE CONNECTION — RIP FEST, PURSUANT TO THE FREDERICK COUNTY CODE, CHAPTER 86; FESTIVALS; SECTION 86 -3 C, PERMIT REQUIRED; APPLICATION; ISSUANCE OR DENIAL: FOR AN OUTDOOR FESTIVAL PERMIT. FESTIVAL TO BE HELD SATURDAY, MAY 29, 2010, FROM 5:00 P.M. TO 10:00 P.M., ON THE GROUNDS OF SHENANDOAH STORAGE CONNECTION, 140 JIREH LANE, WINCHESTER, VIRGINIA. PROPERTY OWNED BY LARRY AND DARBY SHORT AND GEORGE AND KAREN HOTT. - APPROVED Administrator Riley advised this was a request for an outdoor festival permit by Darby Short for Rip Fest to be held on May 29, 2010 from 5:00 -10:00 p.m. The purpose of the event is to promote Shenandoah Storage Connection with some of the proceeds going to benefit a family with severe medical and financial constraints. Chairman Shickle convened the public hearing. There were no public comments. Chairman Shickle closed the public hearing. Upon a motion by Supervisor DeHaven, seconded by Supervisor Fisher, the Board approved the outdoor festival permit of Darby Short for Shenandoah Storage Connection. 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 05/26/10 481 Christopher E. Collins Absent Charles S. DeHaven, Jr. Aye Gary W. Dove Aye Gene E. Fisher Aye Gary A. Lofton Aye PLANNING COMM ISSION BUSINESS PUBLIC HEARINGS PUBLIC HEARING - CONDITIONAL USE PERMIT #03 -10 FOR ANIMAL MEDICAL CENTER, SUBMITTED BY GREYWOLFE, INC., TO ALLOW FOR A BUILDING EXPANSION AND PARKING ASSOCIATED WITH THE CONDITIONS SET FORTH BY CONDITIONAL USE PERMIT #06 -95. THE PROPERTY IS LOCATED AT 689 AYLOR ROAD (ROUTE 647), AND IS IDENTIFIED WITH PROPERTY IDENTIFICATION NUMBER 75 -A -38 IN THE OPEOUON MAGISTERIAL DISTRICT - APPROVED Zoning and Subdivision Administrator Mark Cheran appeared before the Board regarding this item. He advised this was an application for a conditional use permit for an expansion of the animal hospital associated with the existing conditional use permit #06 -95. The property is located at 689 Aylor Road in the Opequon Magisterial District. The proposed use is allowed in the RP (Residential Performance) District with an approved conditional use permit. The existing facility is 3,000 square feet and the proposed expansion would not exceed a total building footprint of 12,500. He went on to say the parking requirements would be addressed at the site plan stage. Zoning Administrator Cheran stated staff received a number of letters regarding this proposal, both pro and con. He noted that since 1995 staff has not received any complaints regarding this conditional use permit. He went on to say VDOT advised this proposal would have no major impact on Aylor Road. With regard to the drainage issues raised during the Planning Commission meeting, Zoning Administrator Cheran advised those would be addressed at the site plan stage. He concluded by saying the Planning Commission recommended approval of this conditional use permit with the following conditions: 1. All review agency comments shall be complied with at all times. 2. A monument type business sign, not exceeding six feet in height and 20 feet in face area, shall be allowed. 3. A matching six foot opaque fence shall be constructed on the north side of the property, between the building additions and the parking areas along the north property line, and the fence shall also be erected along the east side of the property, if desired by the adjoining residents on the east side. 4. Only animals required to be hospitalized for medical reasons shall be boarded overnight. 5. Animals recovering at the facility will only be permitted in the outside area for brief exercise periods. Minute Book Number 35 Board of Supervisors Regular Meeting of 05/26/10 482 6. Total building footprint shall not exceed 12,500 square feet. 7. An engineered site plan shall be submitted and approved by Frederick County. 8. Any expansion or change of use will require a new Conditional Use Permit. Supervisor Lofton asked if condition number 2 should read 20 square feet in face area. Zoning Administrator Cheran responded yes. Gary Oates, Greywolf, Inc., appeared before the Board on behalf of the applicant. He I I ___ noted with the existing buildings on the property, there was about 5,200 square feet of building potential remaining, in order to reach the maximum allowed. He advised the applicant took the complaints about urine and feces seriously. He presented the Board with an air quality study for the property, which noted there was nothing hazardous. He concluded by saying the drainage for the addition would be piped underground to Aylor Road. Chairman Shickle convened the public hearing. There were no public comments. Chairman Shickle closed the public hearing. Vice - Chairman Ewing advised that he had met with animal hospital staff and Mr. Oates at the animal hospital on Monday. He believed they were able to address the concerns of the adjacent residents. He noted the following areas were discussed: - Coordination of the clean up of outside animal waste, weather permitting; - Applicant agreed to restrict building height to that of the front portion of the building; - No windows upstairs on the north side of the building; - Correct drainage problems; and - Change condition number 3 to add the words "... or applicant" after "...the east side." Supervisor DeHaven stated he believed the reasons the original conditional use permit was initially approved were valid; however, when you introduce successful commercial uses into residential areas conflicts arise. Chairman Shickle stated he would like to see some attention paid to the method of construction so as to restrict noise emanating from within the building. Mr. Oates stated the applicant could look at some type of soundproofing in the dog area. Chairman Shickle stated he would like to see attention paid to that because that will be the biggest problem the applicant faces besides drainage. Minute Book Number 35 Board of Supervisors Regular Meeting of 05/26/10 483 Bruce Welch, applicant, advised the cages and dog runs have been constructed in such a way so as to focus sounds out of the front of the cages and into the interior of the building. Chairman Shickle stated he was looking for some type of construction. Mr. Welch responded "yes sir ". Vice - Chairman Ewing moved that the Board approve Conditional Use Permit #03 -10 with the following additional conditions: - Clean up outdoor animal waste daily, weather permitting. - Building height shall be limited to 26 feet; - No windows shall be constructed on the north side upstairs level; - Change condition number 3 to add the words "... or applicant" after ".the east side." Chairman Shickle asked if the applicant was acceptable to these changes. Mr. Oates responded the applicant agreed to the changes. The motion was seconded by Supervisor Fisher. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Bill M. Ewing Aye Christopher E. Collins Absent Charles S. DeHaven, Jr. Aye Gary W. Dove Aye Gene E. Fisher Aye Gary A. Lofton Aye PUBLIC HEARING - DRAFT UPDATE OF TH 2010/2 - 2015/2016 FREDERICK COUNTY PRIMARY AND INTERSTATE ROAD IMPROVEMENT PLANS. THE PRIMARY AND INTERSTATE ROAD IMPROVEMENT PLANS ESTABLISH PRIORITIES FOR IMPROVEMENTS TO THE PRIMARY AND INTERSTATE ROAD NETWORKS WITHIN FREDERICK COUNTY. COMMENTS FROM THE TRANSPORTATION COMMITTEE HAVE BEEN FORWARDED TO THE PLANNING COMMISSION AND BOARD OF SUPERVISORS. ULTIMATELY THE PRIORITIES ADOPTED BY THE BOARD OF SUPERVISORS WILL BE FORWARDED TO THE COMMONWEALTH TRANSPORTATION BOARD FOR CONSIDERATION. — (RESOLUTION #'S 080 -10 AND 081 -10) - APPROVED Deputy Director of Planning — Transportation John Bishop appeared before the Board regarding this item. He advised this item was postponed from the Board's April 28, 2010 meeting. He went on to say this was a public hearing to consider updates to the Interstate and Primary Road Improvement Plans, Deputy Director Bishop noted there was no new funding and the priorities have not changed. Route 37 remains the top priority with Route 277 second. He concluded by saying the Transportation Committee and the Planning Commission recommended approval. Minute Book Number 35 Board of Supervisors Regular Meeting of 05/26/10 Chairman Shickle convened the public hearing. There were no citizen comments. Chairman Shickle closed the public hearing. Upon a motion by Supervisor DeHaven, seconded by Supervisor Fisher, the Board approved the 2010 -2011 Interstate and Primary Road Improvement Plans. Resolution ( #080 -10) Regarding the 2010 -2011 Interstate Road Improvement Plan WHEREAS, Sections 33.1 -23 and 33.1 -23.4 of the 1950 Code of Virginia, as amended, provides the opportunity for each county to work with the Virginia Department of Transportation in developing a Six -Year Road Plan; and, WHEREAS, the Frederick County Transportation Committee recommended approval of this plan on March 22, 2010; and, WHEREAS, the Frederick County Planning Commission held a public hearing and recommended approval of this plan at their meeting on April 7, 2010; and, WHEREAS, the Frederick County Board of Supervisors had previously agreed to assist in the preparation of this plan in accordance with the Virginia Department of Transportation's policies and procedures and participated in a public hearing on the proposed Plan, after being duly advertised so that all citizens of the County had the opportunity to participate in said hearing and to make comments and recommendations concerning the proposed Plan and Priority List; and, WHEREAS, a representative of the Virginia Department of Transportation appeared before the Board during the public hearing and recommended approval of the 2010 -2011 Interstate Road Improvement Plan and the Construction Priority List; and, WHEREAS, the Frederick County Board of Supervisors support the priorities of the interstate road improvement projects for programming by the Commonwealth Transportation Board and the Virginia Department of Transportation; NOW, THEREFORE, BE IT ORDAINED by the Frederick County Board of Supervisors as follows: The 2010 -2011 Interstate Road Improvement Plan appears to be in the best interest of the citizens of Frederick County and the Interstate Road System in Frederick County; and therefore, the Frederick County Board of Supervisors hereby approves the 2010 -2011 Interstate Road Improvement Plan and Construction Priority List for Frederick County, Virginia as presented at the public hearing held on May 26, 2010. Resolution ( #081 -10) Regarding the 2010 -2011 Primary Road Improvement Plan WHEREAS, Sections 33.1 -23 and 33.1 -23.4 of the 1950 Code of Virginia, as amended, provides the opportunity for each county to work with the Virginia Department of Transportation in developing a Six -Year Road Plan; and, WHEREAS, the Frederick County Transportation Committee recommended approval of this plan on March 22, 2010; and, WHEREAS, the Frederick County Planning Commission held a public hearing and recommended approval of this plan at their meeting on April 7, 2010; and, WHEREAS, the Frederick County Board of Supervisors had previously agreed to assist in the preparation of this plan in accordance with the Virginia Department of Transportation's policies and procedures and participated in a public hearing on the proposed Plan, after being duly advertised so that all citizens of the County had the opportunity to participate in said Minute Book Number 35 Board of Supervisors Regular Meeting of 05/26/10 485 hearing and to make comments and recommendations concerning the proposed Plan and Priority List; and, WHEREAS, a representative of the Virginia Department of Transportation appeared before the Board during the public hearing and recommended approval of the 2010 -2011 Primary Road Improvement Plan and the Construction Priority List; and, WHEREAS, the Frederick County Board of Supervisors support the priorities of the interstate road improvement projects for programming by the Commonwealth Transportation Board and the Virginia Department of Transportation; NOW, THEREFORE, BE IT ORDAINED by the Frederick County Board of Supervisors as follows: The 2010 -2011 Primary Road Improvement Plan appears to be in the best interest of the citizens of Frederick County and the Primary Road System in Frederick County; and therefore, the Frederick County Board of Supervisors hereby approves the 2010 -2011 Primary Road Improvement Plan and Construction Priority List for Frederick County, Virginia as presented at the public hearing held on May 26, 2010. The resolutions were approved by the following recorded vote: Richard C. Shickle Aye Bill M. Ewing Aye Christopher E. Collins Absent Charles S. DeHaven, Jr. Aye Gary W. Dove Aye Gene E. Fisher Aye Gary A. Lofton Aye OTHER PLANNING ITEMS MEMORANDUM RE: JORDAN SPRINGS PROFFER AMENDMENT AND ZONING VIOLATION RESOLUTION — DIRECTED STAFF TO DEFER ENFORCEMENT THROUGH THE END OF JULY TO ALLOW THE APPLICANT TO WORK TOWARDS A RESOLUTION Planning Director Eric Lawrence appeared before the Board regarding this item. He advised this was an update on where things stand with regard to the Jordan Springs proffer amendment and zoning violation resolution. Director Lawrence advised that during the April 14, 2010 Board of Supervisors' meeting, the applicant presented revised proffers to the Board for consideration. The Board expressed concerns with the proposed proffers, in particular the classifications of the uses on the property. In addition, the Board suggested the possibility of creating an annual festival permit to help address some of these concerns. (Supervisor Christopher Collins arrived at 8:07 P.M.) Director Lawrence stated that in order to achieve the desired expansion of permitted uses on the site — via a proffer revision and an annual festival permit — the applicant has requested that actions pertaining to the Jordan Springs property be deferred to allow time to properly craft and amend the County Code pertaining to festival permits. He reviewed a proposed time line, which would have the public hearing on the County Code amendment pertaining to festival permits and Minute Book Number 35 Board of Supervisors Regular Meeting of 05/26/10 486 action on the proposed revised proffers at the Board's July 23, 2010 meeting. He concluded by saying staff was seeking direction from the Board pertaining to the applicant's request for deferral until the County Code is revised to enable an annual festival permit application. Upon a motion by Supervisor DeHaven, seconded by Supervisor Dove, the Board directed staff to defer enforcement action on the Jordan Springs zoning violation until the end of July to allow the application to work towards a resolution. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Bill M. Ewing Aye Christopher E. Collins Aye Charles S. DeHaven, Jr. Aye Gary W. Dove Aye Gene E. Fisher Aye Gary A. Lofton Aye REQUEST FOR WORK SESSION RE COMPREHENSIVE POLICY P LAN DISCUSSION ITEMS — NO ACTION TAKEN The Board received a memo requesting a work session to review and discuss items pertaining to the Comprehensive Policy Plan. The Board took no action on this request, as members needed to check their respective calendars. BOARD LIAISON REPORTS There were no Board liaison reports. CITIZEN COMMENTS There were no citizen comments. BOARD OF SUPERVISORS COMMENTS There were no Board of Supervisors' comments. ADJOURN UPON A MOTION BY VICE - CHAIRMAN EWING, SECONDED BY SUPERVISOR DEHAVEN, 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 ,ohfi R. Riley, Jr. Clerk, Board of Supervisors Minute Book Number 35 Board of Supervisors Regular Meeting of 05/26/10 487 Minutes Prepared By: F'. Jay E. Ti s Deputy C erk, Board of Supervisors Minute Book Number 35 Board of Supervisors Regular Meeting of 05/26/10