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HomeMy WebLinkAboutJune 09 2010 Regular Meetingii A Regular Meeting of the Frederick County Board of Supervisors was held on Wednesday, June 9, 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; Christopher E. Collins; Charles S. DeHaven, Jr.; Gary W. Dove; and Gene E. Fisher. ABSENT Gary A. Lofton. CALL TO ORDER Chairman's Shickle called the 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 John R. Riley, Jr. advised he had no additions for the agenda. Chairman Shickle stated he would like to add the appointment of a liaison to the Shenandoah Valley Electric Cooperative's board of directors under committee appointments. Upon a motion by Vice - Chairman Ewing, seconded by Supervisor Dove, 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 Aye Charles S. DeHaven, Jr. Aye Gary W. Dove Aye Gene E. Fisher Aye Gary A. Lofton Absent CONSENT AGENDA - APPROVED Administrator Riley offered the following items for the Board's consideration under the consent agenda: - Public Works Committee — Tab D; and - Transportation Committee — Tab F. Minute Book Number 35 Board of Supervisors Regular Meeting of 06/09/10 9 H016 0, 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 Aye Charles S. DeHaven, Jr. Aye Gary W. Dove Aye Gene E. Fisher Aye Gary A. Lofton Absent 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 Supervisor DeHaven, the Board approved the minutes from the May 26, 2010 Regular Meeting. 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 Absent COUNTY OFFICIALS COMMITTEE APPOINTMENTS KIMBERLY PETERSON APPOINTED AS PARENT REPRESENTATIVE TO THE COMMUNITY POLICY AND MANAGEMENT TEAM (CPMT) - APPROVED Upon a motion by Supervisor Dove, seconded by Supervisor Fisher, the Board appointed Kimberly Peterson as parent representative to the Community Policy and Management Team (CPMT). This is a two year appointment, said term to expire June 30, 2012. 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 Absent APPOINTMENT OF JAY TIBBS AS LOCAL GOVERNMENT LIAISON TO THE SHENANDOAH VALLEY ELECTRIC COOPERATIVE - APPROVED Minute Book Number 35 Board of Supervisors Regular Meeting of 06/09/10 490 Upon a motion by Supervisor Dove, seconded by Vice Chairman Ewing, the Board appointed Jay Tibbs as Frederick County's local government liaison to the Shenandoah Valley Electric Cooperative. This is a one year appointment, said term to expire May 2011. 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 Absent REQUEST TO SCHEDULE WORK SESSION RE: COMPREHENSIVE POLICY PLAN DISCUSSION — SCHEDULED FOR JULY 7, 2010 AT 12:00 NOON Planning staff requested the scheduling of a joint work session with the Board of Supervisors and Planning Commission to review and discuss three projects: the annual Comprehensive Policy Plan Amendments (CPPA) applications (one was submitted); the Northeast Land Use Plan (NELUP) update; and potential policy to address existing Water Service outside of the sewer and water service area (SWSA). The Board scheduled the work session for noon on July 7, 2010. COMMITTEE REPORTS PUBLIC WORKS COMMITTEE REPORT — APPROVED UNDER CONSENT AGENDA The Public Works Committee met on Tuesday, May 25, 2010 at 8:00 a.m. All members were present except Bob Wells. The following items were discussed: ** *Items Not Requiring Action * ** 1. Potential Fire Station Site The committee reviewed a potential site for a Frederick County fire station. The potential site is located on a portion of the county owned property currently occupied by the Bowman Library and located near the intersection of Tasker Road and Lakeside Drive. From an engineering and site development perspective, the approximate two (2) acre site in question is well suited for the construction of a fire station. However, after much discussion, the committee concluded that this site did not meet the long term planning goals of the fire and rescue department. They further concluded after hearing input from Director of Fire and Rescue, Mr. Tim Welsh, that a site located near White Oak Road and the intersections with either Fairfax Pike (Route 277) or Tasker Road would be much more suitable to meet their future planning goals. 2. Proposed Budget Carry Forwards The committee reviewed and unanimously approved the following budget carry forwards outlined in the attached memorandums: a) Engineering (4201) — Request that a $7,600 grant be carried forward into Fiscal Year 2010/2011 budget. (Attachment 1) Minute Book Number 35 Board of Supervisors Regular Meeting of 06/09/10 491 b) Landfill (12 -4204) — Requested that a combined $1,700,000 be carried forward to cover ongoing engineering services ($200,000) and a partial closure of a municipal solid waste cell ($1,500,000). (Attachment 2) The above requests will be forwarded to the finance committee for their review and action. 3. Miscellaneous Reports a) Tonnage Report (Attachment 3) b) Recycling Report (Attachment 4) c) Animal Shelter Dog Report (Attachment 5) d) Animal Shelter Cat Report (Attachment 6) LAKE HOLIDAY COUNTRY CLUB DAM WORKING COMMITTEE REPORT - APPROVED The LHCC Dam Working Committee met on Tuesday, May 25, 2010 at 10:00 a.m., all members were present. Action Items 1) Lake Holiday Sanitary District Agreement: The Committee has recommended the attached agreement between Lake Holiday Country Club, Inc. and Frederick County. The agreement sets out the purpose and function of the Lake Holiday Sanitary District. (At the time of this writing the final edits to the agreement are pending review by the County Attorney. We hope that review might be completed prior to the Board's meeting.) - Approved Assistant County Administrator Kris Tierney advised that the Lake Holiday Dam Working Committee was seeking Board action on the draft Lake Holiday Sanitary District Agreement. He noted the county attorney made changes to items 10 and 11 on page 5 of the agreement. Assistant Administrator Tierney concluded by saying the agreement spells out the purpose and nature of the Lake Holiday Country Club Sanitary District. Upon a motion by Supervisor Dove, seconded by Supervisor Collins, the Board approved the Lake Holiday Sanitary District agreement. 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 Absent 2) Spillway Financing: The Committee discussed an evaluation of spillway financing alternatives prepared by Morgan/Keegan. Of the three potential sources examined, two (VML /VACo Finance and the Virginia Resources Authority) have indicated the likely requirement of the "moral obligation" of the County as a condition of the financing. The Committee seeks guidance from the Board regarding their willingness to provide this backing. Minute Book Number 35 Board of Supervisors Regular Meeting of 06/09/10 492 (A copy of the Morgan Keegan analysis of financing alternatives is attached.) — No Action Taken Below is the text of an email response from Ms. Bonnie France with McGuire -Woods regarding the meaning of "moral obligation ". "A County "moral obligation" is based on the County's authority to enter into a contract with some other entity (for example, an IDA or a lease of property). The County's contractual obligation to make payments is subject to appropriation each year by the Board of Supervisors and is not treated as "debt "for constitutional purposes. Since it is not debt, the obligation does not have to be approved by the County voters. Investors are willing to rely on a county's "moral obligation" even though it is not enforceable because there is a strong sense in the marketplace that a locality will not fail to appropriate because it would preclude the locality from doing any "moral obligation" or lease -based financing in the future, in most circumstances. A general obligation is legally enforceable — if the county doesn't pay it can be required to raise taxes. Often a lease financing or moral obligation financing is backed by some sort of collateral (for example the locality might give up the right to use the financed facility if it fails to appropriate). In the case of a moral obligation back up to the dam financing I'm not sure there would be any asset pledged as collateral. Backing up a revenue pledge or a pledge of the full faith and credit of the sanitary district just shifts the risk to the County from the investors that there might be a shortfall in tax revenues in the sanitary district to pay debt service. Assistant Administrator Tierney advised that the Lake Holiday Dam Working Committee had evaluated different financing mechanisms for the dam project. He went on to say the committee sought guidance from Morgan- Keegan regarding the different funding mechanisms. He noted the moral obligation of the county is required to back any bond financing. Assistant Administrator Tierney stated if the Board does not want to offer its moral obligation then two financing mechanisms will be ruled out. Chairman Shickle stated he had helped the people of Lake Holiday in the past, but this troubled him. He felt the moral obligation deserved dialogue, but his position had nothing to do with the sympathy he felt for the people. Supervisor Fisher advised if the moral obligation requirement meant a cost to the tax payers of the entire county then he had a problem with it; however, if it only applied to the people in the sanitary district then he did not have a problem with it. Supervisor DeHaven stated he was a supporter of Lake Holiday and he would like the Board to do what they could to help the citizens of the district to accomplish their goals; however, they have to be responsible for this. He went on to say he would like to see them secure funding on their own. Supervisor Dove stated that was why the citizens came to the county. He went on to say he agreed with the comments that were made and he would like to gain a fuller understanding of what a moral obligation is. Minute Book Number 35 Board of Supervisors Regular Meeting of 06/09/10 493 Vice - Chairman Ewing stated he agreed with the statements that have been made. Administrator Riley asked if the comments were to lead staff to believe the USDA funding option was the one the county should pursue. Chairman Shickle responded yes, but someone needs to better define moral obligation. He wanted to make sure it did not mean support for anything more than the Lake Holiday Country Club financing. Supervisor Dove stated he would like to find out what moral obligation means and what the Board's options are. Chairman Shickle advised the Board would have to look at the moral obligation requirement again. a. Staff would like to offer to hold a Work Session with Board and the Dam Working Committee. This would provide an opportunity for the Board to receive a more detailed general update on both the spillway design, and our efforts to obtain financing. Assistant Administrator Tierney offered to hold a work session with the Board regarding the dam committee's proposed spillway project. Chairman Shickle stated he was not interested in a work session, but was more interested in having Public Works involved in the oversight of the project. The Board agreed. Non - Action Items 1) Status of USDA Funding Request: The Committee received notice from the USDA that the Preliminary Architectural Feasibility Report was approved which enabled the funding application to be finalized. We are told that an announcement of successful applications is anticipated to take place in August. 2) Assessment Structure: Lake Holiday representatives announced that the LHCC Board of Directors had approved a recommended assessment structure for retiring the debt associated with the spillway financing. The Committee hopes to review and discuss the proposed approach at their June meeting. Ultimately, the goal would be to bring forward a recommendation to the Board that has the support of the County Treasurer. 3) Spillway Design Efforts: In response to State Code amendments resulting from the passage of S13276, the LHCC engineer (Black and Veatch) have undertaken modifications to the spillway design that reflect the reduced storm volume referenced in the Code. The modifications are expected to result in a lower construction cost; however, altering the design will push the development of a construction cost estimate back slightly to July 1, 2010. TRANSPORTATION COMMITTEE REPORT — APPROVED UNDER CONSENT AGENDA The Transportation Committee met on May 24, 2010 at 8:30 a.m. Members Present Members Absent Chuck DeHaven (voting) Mark Davis (liaison Middletown) Minute Book Number 35 Board of Supervisors Regular Meeting of 06/09/10 494 Gary Lofton (voting) Dave Burleson (voting) James Racey (voting) George Kriz (liaison PC) Gary Oates (liaison PC) Lewis Boyer (liaison Stephens City) To open the meeting, the agenda was amended to strike item 4, which is the Comprehensive Plan update. ** *Items Requiring Action * ** None ** *Items Not Requiring Action * ** 1. Valley Mill Road Truck Restriction Staff notified the Committee that numerous requests have come in to designate Valley Mill Road between Charming Drive and Eddy Lane as a no through trucks zone. Staff noted that a number of items are in process in that area that could impact the designation. VDOT noted that when the no through truck designation was used in the northeast portion of the County, there were some unintended consequences that could be repeated in this location. The Committee asked staff to clarify the number of current truck trips as well as the number of residences in the area that is being studied. The question was asked whether trips accessing Haggerty and Opequon Crossing would be considered through trips and staff noted that they probably would. The Committee consensus was to delay to give staff time to gather answers to the questions posed and to monitor what is happening with the Carriage Park development. 2. Springdale Road Speed Limit Staff forwarded a letter received from Mrs. Charlotte Messick regarding concerns about speeds on Springdale road in the vicinity of her farm. Staff and VDOT agreed that there is an issue there, but that a speed study would likely not support a reduction in speed due to the existing geometrics in the area. Staff noted that it is very difficult to get VDOT in Richmond to reduce speeds where the speed study does not support it. The Committee asked staff to coordinate with VDOT and investigate the placement of warning signs in the area. 3. Valley Mill Road Area Alternatives Staff noted that a couple months ago the Committee reviewed some preliminary alternatives in the Valley Mill Road area and rendered guidance to staff about which alternatives or additional alternatives to investigate further. Staff noted that this effort is underway, but that currently a TIA is being completed for potential changes in the area via rezoning. It was noted that the results of the TIA could be very useful in determining the value of at least one of the alternatives that are being considered. Representatives from Greenway who were present at the meeting noted that a rough draft of the TIA in question is complete and that they would be willing to sit down with staff and go over the preliminary results. The Committee asked that staff coordinate with Greenway and continue the evaluations. 4. Comprehensive Plan Update Removed from the agenda. 5. Route 37 Update VDOT noted that a number of activities have taken place in the planning and engineering for Route 37 and also pointed out some potential goals Minute Book Number 35 Board of Supervisors Regular Meeting of 06/09/10 495 Completed survey field work — Mar /2010 Complete verification of survey base maps— June /July -2010 Establish grade restrictions at potential interchanges — July /August 2010 Select a 2 or 3 mile section with 2 interchanges as a "test" section — August 2010 Establish the centerline and construction limits for "test" section — August to September 2010 Meet with County to present roadway layouts and receive concurrence /direction of methods /results — September /October 2010 Meet with County to update them on progress — January /February 2011 Present final preliminary design plans to County — May /June 2011 Public Information Meetings (not required since this is not a "project" so it is up to the County if, or in what format, they wish to do this) — June 2011 The Committee noted that a public meeting/hearing would be very desirable when the time is appropriate. Mr. Kriz noted that the format that has been used for the County's recent small area land use plans has been very successful and that this may be useful in this case. 6. Revenue Sharing Application (Public Hearing Item Later on Tonight's Agenda) Staff noted that after meeting with VDOT and County Administration, the recommendation for this year's revenue sharing application is $400,000.00 for Route 11 North (improvements to turn lanes and addition of a southbound lane between I -81 and Route 37) and $600,000.00 in the Valley Mill Road area that staff is hopeful to develop a public private partnership for. On a Motion by Mr. Racey and seconded by Mr. Burleson, the Committee voted unanimously to recommend approval to the Board of Supervisors. 7. Other PLANNING COMMISSION BUSINESS PUBLIC HEARINGS PUBLIC HEARING - 2007 COMPREHENSIVE POLICY PLAN AMENDMENT — EASTERN FREDERICK COUNTY LONG RANGE LAND USE PLAN AND NORTHEAST LAND USE PLAN — MODIFICATIONS TO THE DEVELOPMENTALLY SENSITIVE AREAS (DSA) DESIGNATION IN THE VICINITY OF ROUTE 11 NORTH, TO INCLUDE THE REMOVAL OF AREAS OF DSA AND TO REFLECT RECENTLY APPROVED DEVELOPMENT PROJECTS. — (RESOLUTION #087 -10) - APPROVED Supervisor DeHaven abstained from consideration of this item due to a conflict of interest. Deputy Director of Planning and Development Michael Ruddy appeared before the Board regarding this item. He advised, at the January 23, 2010 Board of Supervisors' meeting, the Board directed staff to prepare an amendment to the Northeast Land Use Plan to remove several areas of Developmentally Sensitive Areas that were previously identified during earlier land use planning efforts in that part of Frederick County. He noted, specifically, 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. A public Minute Book Number 35 Board of Supervisors Regular Meeting of 06/09/10 496 hearing was held by the Planning Commission at their February meeting; however, the item was tabled for 60 days to allow additional time for the request to be reviewed and evaluated in conjunction with the public meeting held on the Northeast Land Use Plan update. During the Planning Commission's public meeting held on May 19, 2010, the Planning Commission recommended approval of the modified DSA. He concluded by saying this item is before the Board as a public hearing. Chairman Shickle expressed concern that the Board originally sent this item forward and, when it left the Board, Supervisor DeHaven did not have a conflict, but when it came back he now has a conflict. He went on to say this proposal is not the product that originally left the Board, but is what was recommended by the Planning Commission. He noted Supervisor DeHaven did the right thing, but this is not the product the Board sent forward. Chairman Shickle convened the public hearing. There were no public comments. Chairman Shickle closed the public hearing. Supervisor Dove stated if this was not what we asked them to do then we should send it back. Chairman Shickle responded that the Board asked that the Developmentally Sensitive Designation in a particular area be removed. Staff and the Planning Commission did that, but they expanded the area beyond the original request, which resulted in Supervisor DeHaven having a conflict. Supervisor Fisher noted there had been rezonings in that area where things did not match. Upon a motion by Supervisor Fisher, seconded by Supervisor Collins, the Board approved the amendment to the Frederick County 2007 Comprehensive Policy Plan, Chapter 6, Land Use, Northeast Land Use Plan and Eastern Frederick County Long Range Land Use Plan. WHEREAS, an amendment to The Frederick County 2007 Comprehensive Policy Plan, Chapter 6, Land Use, to modify the Developmentally Sensitive Areas (DSA) designation in the area generally bounded by Route 37 to the north, Milburn Road to the east, Red Bud Road to the south, and Route 11 to the west, to include the removal of areas of DSA and to reflect recently approved development projects, was considered; and WHEREAS, the Board of Supervisors directed Staff to prepare an amendment to the Northeast Land Use Plan to remove several areas of Developmentally Sensitive Areas at the meeting on January 23, 2010; and WHEREAS, the Planning Commission held a public hearing on this Comprehensive Policy Plan Amendment on March 17, 2010 and a public meeting on May 19, 2010; and Minute Book Number 35 Board of Supervisors Regular Meeting of 06/09/10 497 WHEREAS, the Board of Supervisors held a public hearing on this Comprehensive Policy Plan Amendment on June 9, 2010; and WHEREAS, the Frederick County Board of Supervisors finds the adoption of this Comprehensive Policy Plan Amendment to be in the best interest of the public health, safety, welfare, and in good planning practice; NOW, THEREFORE, BE IT ORDAINED by the Frederick County Board of Supervisors that the Frederick County 2007 Comprehensive Policy Plan, Chapter 6, Land Use, Northeast Land Use Plan and Eastern Frederick County Long Range Land Use Plan, is amended to remove several areas of Developmentally Sensitive Areas (DSA) bounded by Route 37 to the north, Milburn Road to the east, Route 11 to the west, and Red Bud Road to the south, to reflect recently approved development projects (maps attached). This ordinance shall be in effect on the day of adoption. Passed this 9 th day of June, 2010 by the following recorded vote: Richard C. Shickle Aye Bill M. Ewing Aye Christopher E. Collins Aye Charles S. DeHaven, Jr. Abstain Gary W. Dove Aye Gene E. Fisher Aye Gary A. Lofton Absent PUBLIC HEARING - 2010 — 2011 RE VENUE SHARING PROGRAM APPLICATION FOR AN ALLOCATION OF FUNDS UP TO $1,000,000.00 THROUGH THE VIRGINIA DEPARTMENT OF TRANSPORTATION TO FUND PROJECTS, INCLUDING THE ROUTE 11 NORTH IMPROVEMENTS AND VALLEY MILL ROAD IMPRO VEMENTS/REALIGNMENT. — RESOLUTION #088 -10) - APPROVED Deputy Director of Planning — Transportation John Bishop appeared before the Board regarding this item. He advised staff was seeking a resolution from the Board to proceed with an application for revenue sharing funds for two projects. The first project seeks $400,000.00 for the Route 11 North Project. This project was awarded $250,000.00 during last year's cycle and, if successful, would bring total state funds for this project to $700,000.00. This funding is primarily matched by proffered funds. Deputy Director Bishop explained that the second project is a new project established for the Valley Mill Road area. Staff is seeking $600,000.00 in state funds to create a public /private partnership in order to bring improvements to that area or even a potential realignment. If the application is successful, these funds would be matched with private dollars. Chairman Shickle convened the public hearing. There were no citizen comments. Chairman Shickle closed the public hearing. Minute Book Number 35 Board of Supervisors Regular Meeting of 06/09/10 498 Upon a motion by Supervisor DeHaven, seconded by Supervisor Fisher, the Board approved the Resolution of Support for the Revenue Sharing Program for Fiscal Year 2010- 2011. WHEREAS, the County of Frederick desires to submit an application for an allocation of funds of up to $1,000,000.00 through the Virginia Department of Transportation Fiscal Year 2010 -2011, Revenue Sharing Program; and, WHEREAS, $1,000,000.00 of these funds are requested to fund projects, including the Route 11 North Improvement, and Valley Mill Road Improvements /Realignment; and, WHEREAS, these are proposed to be County- Managed Projects; and NOW, THEREFORE, BE IT ORDAINED, the Frederick County Board of Supervisors supports this application for an allocation of up to $1,000,000.00 through the Virginia Department of Transportation "Revenue Sharing Program ". ADOPTED this 9 th day of June, 2010. This resolution 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 Absent BOARD LIAISON REPORTS There were no Board liaison reports. CITIZEN COMMENTS There were no citizen comments. BOARD OF SUPERVISORS COMMENTS Supervisor Dove noted there had been an increase in vehicle values, which resulted in an increase in personal property taxes on vehicles. He went on to say the County uses the NADA values and those values have gone up. He stated he would like to see how this is affecting the amount of revenue coming in to the county. He wanted to know if the county is still revenue neutral or if revenues are increasing. Administrator Riley advised he would have the Commissioner of the Revenue address this item at the next Finance Committee meeting. 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. (7:55 P.M.) Minute Book Number 35 Board of Supervisors Regular Meeting of 06/09/10 499 Richard C. Shickle 40fili R. Uit Jr. Chairman, Board of Supervisors -Clerk, Board of Supervisors Minutes Prepared By: _ 0�: `�4 Jay E. i s Deputy Clerk, Board of Supervisors Minute Book Number 35 Board of Supervisors Regular Meeting of 06/09/10