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February 23 2011 Regular Meeting Minutes220 A Regular Meeting of the Frederick County Board of Supervisors was held on Wednesday, February 23, 2011, 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; Vice - Chairman Bill M. Ewing; Christopher E. Collins; Charles S. DeHaven, Jr.; Gary W. Dove; Gene E. Fisher; and Gary A. Lofton. CALL TO ORDER Chairman Shickle called the meeting to order. INVOCATION Supervisor Fisher delivered the invocation. PLEDGE OF ALLEGIANCE Vice - Chairman Ewing led the Pledge of Allegiance. ADOPTION OF AGENDA - APPROVED County Administrator John R. Riley, Jr. advised he had no additions to the agenda. Upon a motion by Supervisor Lofton, seconded by Supervisor Dove, the Board approved the agenda as presented. 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 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. MINUTES - APPROVED Upon a motion by Supervisor DeHaven, seconded by Supervisor Dove, the Board approved the minutes from the February 2, 2011 Budget Work Session. Chairman Shickle noted he would abstain from the vote because he was not present at the work session. Minute Book Number 36 Board of Supervisors Regular Meeting of 02/23/11 221 The above motion was approved by the following recorded vote: Richard C. Shickle Abstain 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 Upon a motion by Supervisor Dove, seconded by Vice - Chairman Ewing, the Board approved the minutes from the February 9, 2011 Budget Work Session with the School Board. 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 Upon a motion by Supervisor Fisher, seconded by Supervisor Lofton, the Board approved the minutes from the February 9, 2011 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 Aye COUNTY OFFICIALS REQUEST FROM COUNTY ADMINISTRATOR FOR SUPPLEMENTAL APPROPRIATION TO COVER LEGAL AND PROFESSIONAL SERVICES EXPENSES FOR THE REMAINDER OF FY 2010 -2011- APPROVED Administrator Riley advised this was a request of the Board to approve a supplemental appropriation in the amount of $100,000.00 into Professional Services -Other (010- 12240 -3002- 000 -000) to cover legal and other professional services expenses to be incurred between now and the end of fiscal year 2010 -2011. He noted this appropriation would come from Fund Balance. Upon a motion by Supervisor Lofton, seconded by Vice - Chairman Ewing, the Board approved the above request 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 Minute Book Number 36 Board of Supervisors Regular Meeting of 02/23/11 222 Gary A. Lofton Aye COMMITTEE REPORTS TRANSPORTATION COMMITTEE REPORT - APPROVED The Transportation Committee met on February 7, 2011 at 8:30 A.M. Members Present Chuck DeHaven (voting) James Racey Voting Chris Collins (voting) Bryon Grigsby (voting) George Kriz (liaison PC) Gary Oates (liaison PC) Lewis Boyer (liaison Stephens City) Members Absent Mark Davis (liaison Middletown) ** *Items Requiring Action * ** 3. Secondary Priorities Staff updated the Committee on the secondary system priorities that were adopted in April of 2008. The primary purpose of adopting the secondary system priorities is to help VDOT know what the next project they should consider is after the completion of Sulphur Springs Road. In addition, staff noted to the Committee that often the project that is the most timely is the one that ends up getting done. Staff recommended the following order to the Committee. 1. Redbud Road realignment (new to the priority list) 2. Hopewell /Brucetown Road intersection alignment (promoted from number 4) 3. Spine Road from the Haggerty Development to Senseny Road 4. Double Church Road from Route 277 to the location of future South Frederick Parkway 5. Warrior Drive from Route 277 to the South Frederick Parkway 6. Realignment of Valley Mill Road intersection with Route 7 (west) 7. Senseny Road Widening 8. Extension of Smithfield Avenue to Brooke Road and associated disconnection of Brick Kiln Road from Brook Road On a motion by Mr. Racey and seconded by Mr. Grigsby, the Committee unanimously recommended that the Board adopt the above noted priorities. Upon a motion by Supervisor DeHaven, seconded by Supervisor Collins, the Board approved the secondary system priorities. 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 Minute Book Number 36 Board of Supervisors Regular Meeting of 02/23/11 223 Gary A. Lofton Aye 6. Carpers Valley Road Bridge Replacement Staff presented the attached email (page 4 of this report) to the Committee for their review and approval. VDOT is seeking concurrence from Frederick County on the rerouting of traffic in the vicinity of the Carpers Valley Road Bridge across the Opequon Creek. This project is currently expected to take place in 2015. Rerouting of traffic will save considerable construction dollars in the form of temporary structure while the existing bridge is being replaced. In addition, rerouting traffic will enable VDOT to avoid environmental concerns that would otherwise be associated with this project. On a Motion by Mr. Racey that was seconded by Mr. Grigsby, the Committee recommended that the Board support the VDOT request. Upon a motion by Supervisor DeHaven, seconded by Supervisor Fisher, the Board approved supporting the VDOT request. 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 8. Other— (Resolution #037 -11) Staff presented communication that was received from the law offices of Lawson & Silek requesting an updated resolution of support for the VDRPT rail access grant in the amount of $450,000.00 for use in creating a rail spur at the Carmeuse quarry in Middletown. This is an application the County has previously supported. The request and updated resolution can be located on pages 5 through 10 of this report. The previously approved resolution is located on pages 11 and 12. The language of the resolution is unchanged. On a motion by Mr. Racey that was seconded by Mr. Grigsby, the Committee recommended adoption of the resolution. Upon a motion by Supervisor DeHaven, seconded by Supervisor Lofton, the Board approved the Resolution of Support by the Frederick County Board of Supervisors of the Utilization of Industrial Access Railroad Track Funds, Chairman Shickle expressed some concern regarding the wording of the resolution as it could give the impression that Frederick County might be providing funding for this project. WHEREAS, O -N Minerals (Chemstone) Company d /b /a Carmeuse Lime and Stone of Northern Virginia has expressed its intent and desire to the Board of Supervisors to locate its commercial business or industrial operations in Frederick County; and WHEREAS, O -N Minerals (Chemstone) Company d/b /a Carmeuse Lime and Stone of Northern Virginia and its operation will require rail access; and WHEREAS, The officials of O -N Minerals (Chemstone) Company d /b /a Carmeuse Lime and Stone of Northern Virginia have reported to the County their intent to apply for industrial access railroad track funds from the Commonwealth of Virginia's Department of Rail and Public Transportation in the amount of $450,000.00; and Minute Book Number 36 Board of Supervisors Regular Meeting of 02/23/11 . 224 WHEREAS, O -N Minerals (Chemstone) Company d/b /a Carmeuse Lime and Stone of Northern Virginia has requested that the Board of Supervisors provide a resolution supporting its application for said funds which are administered by the Virginia Department of Rail and Public Transportation; and NOW, THEREFORE, BE IT RESOLVED, that the Board of Supervisors of Frederick County, Virginia, hereby endorses and supports the application of O -N Minerals (Chemstone) Company d/b /a Carmeuse Lime and Stone of Northern Virginia for $450,000.00 in industrial access railroad track funds; and BE IT FURTHER RESOLVED THAT the Board of Supervisors hereby makes known its desire and intent to assist the Commonwealth Transportation Board in providing the maximum financial assistance to O -N Minerals (Chemstone) Company d/b /a Carmeuse Lime and Stone of Northern Virginia, for the purpose of locating its business, commercial or industrial facility in Frederick County. ADOPTED this 23 day of February, 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 Aye ***Items Not Requiring Action*** 1. Comprehensive Plan Update Staff presented the most recent draft of the transportation section. By consensus, the Committee requested that it be forwarded to the CPPS for continuation in the process. The version presented is the same version that was included in your retreat packet. 2. Route 522 Study Staff provided the Committee with the comments Frederick County had provided to the consultant, along with the consultant's responses to the comments (pages 13 -15). Staff noted that the most critical comments have not been addressed and that the document should not be adopted in its current form. Mr. Chris Price, Executive Director of the Northern Shenandoah Valley Regional Commission was present and echoed staff's concerns. Mr. Price noted that he was going to be meeting with VDOT and the consultant to try to resolve the issues. Mr. DeHaven asked that staff review the events that have transpired in an effort to make sure the situation is not repeated. 4. Sidewalk Funds Staff presented the attached summary (page 16) of the sidewalk fund program in Spotsylvania County. Staff noted that while this was a start, most requests for information have gone unanswered and considerable more work would be needed in order for Frederick County to determine whether this is a program that would be viable here. The Committee directed staff to continue working on the issue as time allowed. 5. Reliance Road Speed Limit Staff noted to the Committee that officials in Middletown had expressed to the Planning Director, Mr. Lawrence, that speeds were too high on Reliance Road in the vicinity of Exit 302. Staff noted that the most recent traffic counts in that location show about 2,000 trips per day and Minute Book Number 36 Board of Supervisors Regular Meeting of 02/23/11 225 that site distance did not appear to be an issue. VDOT noted that they can take their traffic engineer on a site visit of the location to determine if they feel a speed study would yield results different from the existing adopted speed limit. The Committee will consider that feedback at a future meeting. 7. Millwood Avenue - Closure Study Staff noted that a draft of the Millwood Avenue closure study was available for review and would be going through the regional process. There does not appear to be a need for comment from Frederick County at this time. PLANNING COMMISSION BUSINESS DISCUSSION OF THE 2030 COMPREHENSIVE POLICY PLAN — (RESOLUTION #038 -11) - APPROVED FOR PUBLIC HEA RING Deputy Director Michael Ruddy appeared before the Board regarding this item. He advised that staff was seeking direction from the Board to move the 2030 Comprehensive Plan through the Public Hearing process. He went on to say staff spent a great deal of time going over this plan at the February 12, 2011 retreat. The consensus at the retreat was to move the 2030 Comprehensive Plan forward through the public hearing process. Upon a motion by Supervisor DeHaven, seconded by Supervisor Lofton, the Board directed the Planning Commission to hold a public hearing regarding the 2030 Comprehensive Plan, the Plan, a guide for the future of Frederick County. WHEREAS, the Comprehensive Plans and Programs Committee and the Planning Commission, with the assistance of a large number of citizen volunteers and working groups, worked diligently throughout 2010 on the 2030 Comprehensive Plan, the Plan; and WHEREAS, The Comprehensive Plans and Programs Committee and the Planning Commission presented a draft of the 2030 Comprehensive Plan, the Plan, to the Planning Commission and Board of Supervisors at the Planning Commission Retreat held on February 12, 2011; and WHEREAS, the Frederick County Planning Commission and Board of Supervisors on February 12, 2011 discussed and provided a consensus to move the 2030 Comprehensive Plan, the Plan, through the public hearing process; and WHEREAS, the Frederick County Board of Supervisors discussed and endorsed the 2030 Comprehensive Plan, the Plan, on February 23, 2011 and find that it is in the public necessity, convenience, general welfare, and good planning practice, to direct the Frederick County Planning Commission hold a public hearing regarding the 2030 Comprehensive Plan, the Plan; and NOW, THEREFORE, BE IT REQUESTED by the Frederick County Board of Supervisors that that Frederick County Planning Commission shall hold a public hearing to consider adopting the 2030 Comprehensive Plan, the Plan, and forward a recommendation to the Board of Supervisors. Passed this 23` day of February, 2011. This resolution was approved by the following recorded vote: Richard C. Shickle Aye Bill M. Ewing Aye Minute Book Number 36 Board of Supervisors Regular Meeting of 02/23/11 226 Christopher E. Collins Aye Charles S. DeHaven, Jr. Aye Gary W. Dove Aye Gene E. Fisher Aye Gary A. Lofton Aye DISCUSSION OF MINO IS #039-11) TO R APPROVED OR PUBLIC REQUIREMENTS (RESOLUTION HEARING Planning Director Eric Lawrence appeared before the Board regarding this item. He advised the Board implemented the provisions of the Rural Areas Study; however, some minor revisions were necessary to correct ordinance sections that should have been changed when the rural areas changes were adopted. The two issues were: Change to §165-401.07 Setback Requirements to clarify that setback requirements apply to all lots in the RA Zoning District (conforming or non - conforming lot size). Eliminate a reference to the 40% preservation tracts in the Subdivision Ordinance. He concluded by saying this proposal was consistent with the Rural Areas Policy and the Planning Commission recommended the changes be forwarded to the Board of Supervisors for discussion. Upon a motion by Supervisor Collins, seconded by Supervisor DeHaven, the Board approved the resolution directing the Planning Commission to hold a public hearing regarding Chapter 165, Zoning and Chapter 144, Subdivision of Land; Chapter 165, Article IV — Agricultural and Residential Districts, Part 401 — RA Rural Areas District, 165- 401.07 Setback Requirements; Chapter 144, Article VI — Plan Requirements, 144.35 Preliminary Sketches. WHEREAS, the Frederick County Planning Department has been directed to prepare revisions to Chapter 165, Zoning and Chapter 144, Subdivision of Land, concerning minor changes necessary to correct ordinance sections in order to conform with rural areas changes adopted in December 2009. WHEREAS, the Development Review and Regulations Committee (DRRC) recommended approval of the revisions on January 27, 2011; and WHEREAS, the Planning Commission discussed the draft revisions on February 5, 2011 and recommended that a public hearing be held; and WHEREAS, the Frederick County Board of Supervisors finds that in the public necessity, convenience, general welfare, and good zoning practice, directs the Frederick County Planning Commission hold a public hearing regarding an amendment to Chapter 165, Zoning and Chapter 144, Subdivision of Land, concerning minor changes necessary to correct ordinance sections in order to conform with rural areas changes adopted in December 2009. NOW, THEREFORE, BE IT REQUESTED by the Frederick County Board of Supervisors that the Frederick County Pfanning Commission shall hold a public hearing to consider revisions to Chapter 165, Zoning and Chapter 144, Subdivision of Land, concerning minor changes necessary to correct ordinance sections in order to conform with rural areas changes adopted in December 2009, and forward a recommendation to the Minute Book Number 36 Board of Supervisors Regular Meeting of 02/23/11 227 Board of Supervisors. Passed this 23` day of February, 2011 by the following recorded vote: Richard C. Shickle Aye Bill M. Ewing Aye Christopher E. Collins Aye Charles S. Deflaven, Jr. Aye Gary W. Dove Aye Gene E. Fisher Aye Gary A. Lofton Aye 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 DOVE, THERE BEING NO FURTHER BUSINESS TO COME BEFORE THIS BOARD, THIS MEETING IS HEREBY ADJOURNED. (7:32 P.M.) Richard C. Shickle . Ri ey, Jr. Chairman, Board of Supervisors Clerk, Board of Supervisors Minutes Prepared By: Jay bbs Deputy Clerk, Board of Supervisors Minute Book Number 36 Board of Supervisors Regular Meeting of 02/23/11