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April 13 2011 Regular Meeting MinutesI A Regular Meeting of the Frederick County Board of Supervisors was held on Wednesday, April 13, 2011, at 7:15 P.M., in the Board of Supervisors' Meeting Room, County Administrator's Office, 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 Reverend Tim Illsley, Church of the Holy Spirit, 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 or changes to the agenda. Upon a motion by Supervisor DeHaven, seconded by Vice - Chairman Ewing, 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 - APPROVED Administrator Riley offered the following items for the Board's consideration under the consent agenda: - Closing of County Offices for Annual Apple Blossom Festival — Tab F; - Parks and Recreation Commission Report — Tab G; and - Departmental Fiscal Year 2011 -2012 Annual Work Program — Tab I. 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 Minute Book Number 36 Board of Supervisors Regular Meeting of 04/13/11 267 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 March 23, 2011 Work Session with Public Safety and Public Works Committees 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 DeHaven, seconded by Supervisor Lofton, the Board approved the minutes from the March 23, 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 Upon a motion by Vice - Chairman Ewing, seconded by Supervisor Fisher, the Board approved the minutes from the March 29, 2011 Work Session with the Stephens City Town Council. 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 Lofton, seconded by Supervisor Collins, the Board Minute Book Number 36 Board of Supervisors Regular Meeting of 04/13/11 W�i! owe approved the minutes from the March 30, 2011 Budget Work Session. 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 RESOLUTION ( #044 -11) IN HONOR OF MILLBROOK HIGH SCHOOL PIONEERS GIRLS' BASKETBALL TEAM - APPROVED Upon a motion by Supervisor DeHaven, seconded by Supervisor Fisher, the Board approved the Resolution in Honor of the Millbrook High School Pioneers Girls' Basketball Team. WHEREAS, the Millbrook High School Girls' Basketball Team achieved the pinnacle of greatness by completing an undefeated season, with a record of 28 -0, and winning the 2011 Group AA Division 3 State Championship for the second consecutive year; and WHEREAS, the Millbrook High School Girls' Basketball Team defeated their opponents by an average margin of 42.5 points per game; and WHEREAS, in addition to repeating as Group AA Division 3 State Champions, the Millbrook High School Girls' Basketball Team has won 50 consecutive games over the last two seasons; and WHEREAS, Coach Debby Sanders, her staff, and the Millbrook High School Girls' Basketball team represented this community with distinction and honor throughout the State Basketball Tournament; and WHEREAS, this team achieved this honor through a combination of hard work, dedication, true sportsmanship, team spirit, and a "refuse to lose attitude ", which has brought favorable recognition upon themselves, their school, and their community. NOW, THEREFORE BE IT RESOLVED, that the Frederick County Board of Supervisors offers its congratulations to the coaches and players of the 2011 Millbrook High School Girls' Basketball Team for a job well done; and, BE IT FURTHER RESOLVED, that a true copy of this resolution be presented to the coaches and the team. ADOPTED this 13 day of April, 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 Minute Book Number 36 Board of Supervisors Regular Meeting of 04/13/11 269 Gary A. Lofton Aye A framed copy of the resolution was presented to Coach Debby Sanders and the team. RESOLUTION 0045 -11) IN HONOR OF LINDA HYRE, MEMBER OF THE FREDERICK COUNTY ELECTORAL BOARD - APPROVED Upon a motion by Supervisor Lofton, seconded by Supervisor Dove, the Board approved the Resolution in Honor of Linda Hyre, Member of the Frederick County Electoral Board. WHEREAS, Linda Hyre served as a member of the Electoral Board of the County of Frederick, Virginia, from March 1, 1987 through February 28, 2011; and WHEREAS, she ably served as Secretary for the Electoral Board during her 24 years; and WHEREAS, she participated in the 1990 and 2000 redistrictings which saw the county grow from 9 precincts and 12,000 voters to 20 precincts and 47,000 voters; and WHEREAS, Linda Hyre oversaw Frederick County's release from the pre - clearance provisions of the Federal Voting Rights Act, which allows Frederick County to implement changes affecting voters without seeking pre - clearance from the Department of Justice, thus saving Frederick County's citizens money and hours of inconvenience; and WHEREAS, she orchestrated the evaluation and purchase of touch screen voting machines through the Help America Vote Act; and WHEREAS, the make -up of the Electoral Board changed several times during her tenure; however, she ensured that the people's work still got done; and WHEREAS, her dedication and performance of her duties on behalf of Frederick County brought honor to herself and the Electoral Board of Frederick County. NOW, THEREFORE, BE IT RESOLVED, that the Frederick County Board of Supervisors does hereby express its sincere appreciation to Linda Hyre for her unselfish and outstanding service to the citizens of Frederick County. BE IT FURTHER RESOLVED, that a true copy of this resolution be presented to Linda Hyre for a job well done. ADOPTED this 13 day of April, 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 A framed copy of the resolution was presented to Mrs. Hyre. ADOPTION OF FISCAL YEAR 2011 -2012 BUDGET — (RESOLUTION #046 -11) — APPROVED Upon a motion by Vice - Chairman Ewing, seconded by Supervisor Lofton, the Board approved the Fiscal Year 2011 -2012 Budget. Minute Book Number 36 Board of Supervisors Regular Meeting of 04/13/11 270 WHEREAS, a notice of public hearing and budget synopsis has been published and a public hearing held on March 23, 2011, in accordance with Title 15.2, Chapter 25, Section 15.2- 2506, of the Code of Virginia, 1950 as amended. THEREFORE BE IT FURTHER RESOLVED, by the Board of Supervisors of the County of Frederick, Virginia, that the budget for the 2011 -2012 Fiscal Year as advertised in The Winchester Star on March 16, 2011, be hereby approved in the amount of $311,453,030. BE IT FURTHER RESOLVED, that the County of Frederick budget for the 2011 -2012 fiscal year be adopted as follows: General Operating Fund 125,849,938 Regional Jail Fund 16,425,072 Landfill Fund 8,307,530 Division of Court Services Fund 1,107,584 Shawneeland Sanitary District Fund 777,700 Airport Operating Fund 3,159,728 School Operating Fund 127,238,956 School Debt Service Fund 14,696,201 School Capital Project Fund 1,085,123 School Food Service Fund 6,224,441 School Textbook Fund 2,007,644 NREP Operating Fund 4,507,013 NREP Textbook Fund 50,000 School Trust Funds 16,100 BE IT FURTHER RESOLVED, that the Board of Supervisors of the County of Frederick, Virginia, does herein adopt the tax rates for the 2011 assessment year as follows: ■ 54 ' / 2 cents per $100 of assessed value to be applied to real estate, including mobile homes ■ $4.86 per $100 of assessed value to be applied to personal property ■ $2.25 per $100 of assessed value to be applied to personal property on one vehicle to volunteer firefighters that are approved and registered with the Frederick County Fire and Rescue Department ■ 1 cent per $100 of assessed value to be applied to airplanes ■ Zero tax to be applied to antique vehicles ■ $2.00 per $100 of assessed value on declining values to be applied to machinery and tools. Contract classified vehicles and equipment will receive the rate of $2.00 on apportioned percentage of book values. The declining values are 60% for the first year, 50% for the second year, 40% for the third year and 30% for the fourth year and beyond. Minute Book Number 36 Board of Supervisors Regular Meeting of 04/13/11 271 The Business and Professional Occupational License rates are as follows: ■ contractors 16 cents per $100 of gross receipts ■ retail 20 cents per $100 of gross receipts ■ financial, real estate and professional services 58 cents per $100 of gross receipts ■ repair, personal and business services and all other business and occupations not specifically listed or exempted 36 cents per $100 of gross receipts ■ wholesale 5 cents per $100 of purchases ■ Meals tax at 4% of gross receipts ■ Transient Occupancy tax at 2% of gross receipts County vehicle license are at an adopted rate of $25 per vehicle and $10 per motorcycle. The Sanitary Landfill fees are as follows: ■ $45 per ton for commercial /industrial; ■ $42 per ton for construction demolition debris; ■ $12 per ton for municipal waste ■ $24 per ton for municipal sludge. The Shawneeland Sanitary District taxes are as follows: ■ $180 Unimproved Lots ■ $530 Improved Lots ■ $180 Unimproved — External Users ■ $530 Improved — External Users Star Fort Subdivision Taxes /Fees are as follows: ■ $60 Per Lot BE IT FURTHER RESOLVED, that appropriations are hereby authorized for the central stores fund, special welfare fund, comprehensive services fund, county health insurance fund, school health insurance fund, consolidated services fund, volunteer service /incentive fund, employee benefits fund, maintenance insurance fund, sales tax fund, commonwealth sales tax fund, unemployment compensation fund, DARE Program, and Forfeited Assets Program equal to the total cash balance on hand at July 1, 2011, plus the total amount of receipts for the fiscal year 2011 -2012. The Fire Company Capital appropriation will include the current year appropriation plus any unused funds at the end of the fiscal year 2011. BE IT FURTHER RESOLVED, that funding for all outstanding encumbrances at June 30, 2011, are re- appropriated to the 2011 -2012 fiscal year to the same department and account for which they are encumbered in the 2010 -2011 fiscal year. BE IT FURTHER RESOLVED, that the construction fund projects will be appropriated as a carry forward in the amount that equals the approved original project cost, less expenditures and encumbrances through June 30, 2011. The above motion was approved by the following recorded vote: Minute Book Number 36 Board of Supervisors Regular Meeting of 04/13/11 272 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 COMMITTEE APPOINTMENTS REAPPOINTMENT OF JIM LOCKARD AS RED BUD DISTRICT REPRESENTATIVE TO THE FREDERICK COUNTY INDUSTRIAL DEVELOPMENT AUTHORITY - APPROVED Upon a motion by Supervisor Collins, seconded by Supervisor Dove, the Board reappointed Jim Lockard as Red Bud District representative to the Industrial Development Authority. This is a four year appointment, said term to expire January 10, 2015. 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 REAPPOINTMENT OF STACEY YOST AS STONEWALL DISTRICT REPRESENTATIVE TO THE HISTORIC RESOURCES ADVISORY BOARD - APPROVED Upon a motion by Supervisor DeHaven, seconded by Vice - Chairman Ewing, the Board reappointed Stacey Yost as Stonewall District representative to the Historic Resources Advisory Board. This is a four year appointment, said term to expire April 13, 2015. 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 APPOINTMENT OF HELEN LAKE TO FILL THE UNEXPIRED TERM OF NANCY "TOOTIE" RINKER AS MEMBER -AT -LARGE TO THE EXTENSION LEADERSHIP COUNCIL - APPROVED Upon a motion by Supervisor Lofton, seconded by Supervisor Dove, the Board appointed Helen Lake to fill the unexpired term of Nancy "Tootie" Rinker as Member -At -Large to the Extension Leadership Council, said term to expire April 24, 2012. The above motion was approved by the following recorded vote: Minute Book Number 36 Board of Supervisors Regular Meeting of 04/13/11 273 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 REAPPOINTMENT OF THE DEVELOPMENT IMPACT MODEL COMMITTEE MEMBERS - APPROVED Upon a motion by Supervisor DeHaven, seconded by Supervisor Fisher, the Board reappointed the following members to the Development Impact Model Committee: Kris C. Tierney — County Administration Representative Gary W. Dove — Board of Supervisors Representative Gary Lofton — Board of Supervisors Representative H. Paige Manuel — Planning Commission Representative Roger L. Thomas — Planning Commission Representative Dr. John Lamanna — School Board Representative Josh Phelps — Economic Development Commission Representative Stephen Pettler — Top of Virginia Building Association Representative J.P. Carr — Top of Virginia Building Association Representative Said terms expire June 28, 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 Aye REAPPOINTMENT OF LYNNETTE L. EMBREE AS FREDERICK COUNTY REPRESENTATIVE TO THE LORD FAIRFAX COMMUNITY COLLEGE BOARD - APPROVED Upon a motion by Supervisor Fisher, seconded by Supervisor Collins, the Board reappointed Lynnette L. Embree as Frederick County representative to the Lord Fairfax Community College Board. This is a four year appointment, said term to expire June 30, 2015. Supervisor Lofton advised he would abstain from the vote due to a conflict. 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 Abstain CLOSING OF COUNTY OFFICES FOR ANNUAL APPLE BLOSSOM FESTIVAL — APPROVED UNDER CONSENT AGENDA Minute Book Number 36 Board of Supervisors Regular Meeting of 04/13/11 274 The Board approved the closing of county offices on Friday, April 29, 2011 for the 84`" Shenandoah Apple Blossom Festival. COMMITTEE REPORTS PARKS AND RECREATION COMMISSION REPORT — APPROVED UNDER CONSENT AGENDA The Parks and Recreation Commission met on March 15, 2011. Members present were: Charles Sandy, Jr., Ronald Madagan, Marty Cybulski, Gary Longerbeam, and Patrick Anderson. Members absent were: Cheryl Swartz, P.W. Hillyard, III, Ron Hodgson, and Christopher Collins. Items Requiring Board of Supervisors Action None Submitted for Board Information Only 1. Partnership Policy — Mr. Madagan moved to accept the Partnership Policy which will develop and improve park facilities through partnerships with other organizations as submitted, second by Mr. Anderson, carried unanimously (5 -0). 2. Criminal Background Check Policy — Mr. Cybulski moved to accept the Criminal Background Check Policy with the addition of Appendix B which includes Crimes Against Property as submitted, second by Mr. Anderson, carried unanimously (5 -0). 3. Frederick County American Little League Scoreboard Request — The Buildings and Grounds Committee recommended the approval of the Frederick County American Little League Scoreboard Request with the following stipulations: 1. FCALL will pay for the scoreboard and all installation expenses; 2. FCALL will secure all required permits; 3. FCALL required to pay for all repairs and make in a timely fashion; 4. FCALL will train FCPRD staff to use and allow FCPRD to use; 5. FCALL will have all advertisements meet partnership policy requirements; 6. FCALL will place percentage of future advertisement revenue in a scoreboard repair fund or FCPRD field improvement fund, second by Mr. Cybulski, carried unanimously (5- 0). 4. 2030 Comprehensive Plan Maps — Mr. Anderson moved to endorse the revised Potential New County Park Location Map for inclusion in the 2030 Comprehensive Plan as submitted, second by Mr. Madagan, carried unanimously (5 -0). Standing Committee Reports None TRANSPORTATION COMMITTEE REPORT - APPROVED The Transportation Committee met on March 28, 2011 at 8:30 a.m. Members Present Chuck DeHaven (voting) James Racey (voting) Gary Oates (liaison PC) Lewis Boyer (liaison Stephens City) Members Absent Mark Davis (liaison Middletown) Chris Collins (voting) Bryon Grigsby (voting) George Kriz (liaison PC) Due to a lack of quorum, no formal actions were taken at this meeting ** *Items Requiring Action * ** 2. Revenue Sharing Program (Resolution #048 -11) Minute Book Number 36 Board of Supervisors Regular Meeting of 04/13/11 275 VDOT has called for revenue sharing applications to be in to local residency offices by April 29, 2011. Staff informed the Committee that the recommendation for this application cycle is road improvements to Valley Mill Road in the vicinity of Eddy Lane and Route 7. These improvements could go so far as to realign Valley Mill and create a new signalized intersection with Route 7. Staff is in the process of working on potential public /private partnerships that would provide the matching dollars. Staff is seeking Board concurrence on improvements to this area as this year's revenue sharing application. Due to new rules in this year's program, staff is also seeking Board permission to modify the application amount to reflect additional matching dollars over the typical $1 million if they become available. The Committee could not take formal action, but there was consensus to recommend Board approval of this application. Supervisor Lofton asked if approval of this resolution locks the county into a particular location for Valley Mill Road. Supervisor DeHaven responded it did not. Chairman Shickle asked if this proposal had anything to do with Eddy's Lane. Supervisor DeHaven responded that it could and that some proposals could include the re- routing of Eddy's Lane. He went on to say this resolution was more a matter of getting the county in a position to obtain funding. Supervisor Lofton asked if these funds could be carried over to future years. Supervisor DeHaven responded the funds could carry over for multiple years, but the rules were fluid. He went on to say it was typically a two to three year carry over. Resolution of Support Frederick County Board of Supervisors "Revenue Sharing Program" for Fiscal Year 2011 -2012 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 2011 -2012 Revenue Sharing Program; and, WHEREAS, $1,000,000.00 of these funds are requested to fund Valley Mill Road Improvements /Realignment; 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 13 day of April 2011. Upon a motion by Supervisor DeHaven, seconded by Supervisor Collins, to approve the above 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 Minute Book Number 36 Board of Supervisors Regular Meeting of 04/13/11 276 Gary W. Dove Aye Gene E. Fisher Aye Gary A. Lofton Aye ** *Items Not Requiring Action * ** 1. Secondary Road Improvement Program This item will be coming forward as a public hearing item on April 27. ANNUAL REPORTS DEPARTMENT FISCAL YEAR 2011 -201 ANNUAL WORK PROGRAMS APPROVED UNDER CONSENT AGENDA The Department Fiscal Year 2011 -2012 Annual Work Programs were received for information only. PUBLIC HEARING PUBLIC HEARING - OUTDOOR FESTIVAL PERMIT REQUEST OF BELLE GROVE PLANTATION — "OF ALE AND HISTORY" MICROBREW AND IMPORTED BEER TASTING FESTIVAL. PURSUANT TO THE FREDERICK COUNTY CODE, CHAPTER 86, FESTIVALS; SECTION 86 -3, PERMIT REQUIRED; APPLICATION; ISSUANCE OR DENIAL; FEE, FOR AN OUTDOOR FESTIVAL PERMIT. FESTIVAL TO BE HELD ON SATURDAY, MAY 7, 2011, FROM 11:00 A.M. TO 6:00 P.M.; ON THE GROUNDS OF BELLE GROVE PLANTATION, 336 BELLE GROVE ROAD, MIDDLETOWN, VIRGINIA. PROPERTY OWNED BY THE NATIONAL TRUST FOR HISTORIC PRESERVATION. - APPROVED Administrator Riley advised this was a request for an outdoor festival permit for the "Of Ale and History" Microbrew and Imported Beer Tasting Festival to be held May 7� from 11:00 a.m. to 6:00 p.m. on the grounds of Belle Grove Plantation. The property is owned by the National Trust. Chairman Shickle convened the public hearing. Cora Gnegy, Program Coordinator for Belle Grove, expressed her excitement about the event. She asked the Board for approval. There being no further public comments, Chairman Shickle closed the public hearing. Supervisor Lofton stated there appeared to be adequate parking, but wondered about traffic control. Ms. Gnegy advised the event utilizes five volunteers to help with traffic, along with assistance from the Middletown Police Department and Frederick County Sheriff's Department. Upon a motion by Supervisor Lofton, seconded by Vice - Chairman Ewing, the Board approved the outdoor festival permit request of Belle Grove Plantation "Of Ale and History" Microbrew and Imported Beer Tasting Festival. The above motion was approved by the following recorded vote: Minute Book Number 36 Board of Supervisors Regular Meeting of 04/13/11 ?77 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 PUBLIC HEARING - OUTDOOR FESTIVAL PERMIT REQUES OF CEDAR CREEK BATTLEFIELD FOUNDATION — THE GREAT TRAIN RAID CIVIL WAR SESQUICENTENNIAL EVENT PURSUANT TO THE FR EDERI CK COUNTY CODE, CHAPTER 86, FESTIVALS; SECTION 86 -3, PERMIT REQUIRED; APPLICATION; ISSUANCE OR DENIAL; FEE; FOR AN OUTDOOR FESTIVAL PERMIT FESTIVAL TO BE HELD ON FRIDAY, MAY 27 2011 THRU SUNDAY MAY 29,2011; FROM 9:00 A.M. — 6:00 P.M. FRIDAY AND SATURDAY, AND 8.00 A.M. -12:00 NOON ON SUNDAY, ON THE GROUNDS OF CEDAR CREEK BATTLEFIELD, 8437 VALLEY PIKE, MIDDLETOWN VIRGINIA. PROPERTY OWNED BY CEDAR CREEK BATTLEFIELD FOUNDATION. - APPROVED Administrator Riley advised this was a request for an outdoor festival permit by the Cedar Creek Battlefield Foundation for The Great Train Raid Civil War Sesquicentennial Event. The event will be held Friday, May 27, 2011 through Sunday, May 29, 2011 on the grounds of Cedar Creek Battlefield. Chairman Shickle convened the public hearing. Supervisor Lofton stated he had similar questions regarding the traffic control plan. Administrator Riley responded that this group typically worked with the Sheriff's Department and Middletown Police Department. The Board asked that both this applicant and the previous applicant be contacted and asked to submit a traffic control plan. Upon a motion by Supervisor Lofton, seconded by Supervisor DeHaven, the Board approved the outdoor festival permit for Cedar Creek Battlefield Foundation — The Great Train Raid Civil War Sesquicentennial Event. 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 PLANNING COMMISSION BUSINESS PUBLIC HEARING PUBLIC HEARING - AN ORDINANCE TO PROVIDE FOR THE APPORTIONMENT OF MEMBERS OF COUNTY BOARDS OF SUPERVISORS, Minute Book Number 36 Board of Supervisors Regular Meeting of 04/13/11 278 TO ESTABLISH BOUNDARY LINES OF THE MAGISTERIAL DISTRICTS AND VOTING PRECINCTS TO ESTABLISH A POLLING PLACE FOR EACH VOTING PRECINCT AND TO VOTING PRECINCT. TO AMEND THE FREDERICK COUNTY CODE CHAPTER 7 ELECTIONS I MAGISTERIAL DISTRICTS• SECTION 7 -2 DISTRICTS ENUMERATED AND 7 -4 BOUNDARIES AND ARTICLE II ELECTION PRECINCTS SECTION 7 -7 PRECINCTS AND RESPECTIVE POLLING PLACES ENUMERATED AND SECTION 7 -8 BOUNDARIES. COPIES OF THE ORDINANCE MAPS AND POPULATION DISTRIBUTION DATA ARE ON FILE IN THE OFFICE OF THE COUNTY ADMINISTRATOR. — NO ACTION TAKEN. -- Director of Planning and Development Eric Lawrence appeared before the 'Board regarding this item. He advised the Virginia Constitution requires a re- evaluation and redistricting to maintain election districts that are composed of contiguous and compact territories and to achieve proportional representation. Based on the 2010 U.S. Census for Frederick County, the Gainesboro District has too few people and the Shawnee District has too many. He went on to say staff assembled a redistricting proposal that complies with applicable election district regulations. He noted the district boundaries for the Red Bud and Stonewall Districts remain unchanged. Director Lawrence advised no action by the Board was expected; however, staff would be available to address the Board's comments and questions. He concluded by saying staff would bring back amendments to Frederick County Code, Chapter 7, Elections for board consideration at a future date. Voter Registrar Rick Miller appeared before the Board. He advised that the State Board of Elections would print and mail new voter registration cards. He went on to say that he would make every effort to ensure the public was aware of any changes in precincts and districts. He concluded by saying the proposed State plans match our precinct lines, if they move forward. Chairman Shickle convened the public hearing. There were no citizen comments. Chairman Shickle closed the public hearing. Administrator Riley reminded the Board that no action was being sought this evening and staff would schedule this matter for action at the second board meeting in May. OTHER PLANNING ITEMS SNOWDEN BRIDGE MASTER DEVELOPMENT PLAN REQUE TO ENABLE MASTER DEVELOPMENT PLAN MODIFICATIONS BY INDIVID DEVELOPERS (RESOLUTION #04 -11) - APPR OVED. Director of Planning and Development Eric Lawrence appeared before the Board regarding this item. He advised that staff received a request to consider enabling individual Minute Book Number 36 Board of Supervisors Regular Meeting of 04/13/11 279 developer revisions to the Snowden Bridge Master Development Plan. The request does not appear to impact or conflict with the approved proffer statement or applicable codes and ordinances. The request does require Board of Supervisors' approval. He advised this request was not unique because the Board granted a similar request in the Channing Drive area. Director Lawrence went on to say if there are any violations of the proffer statement, no permits will be issued until that problem has been resolved. Chairman Shickle stated it was his assumption that the master development that currently exists is the one that is in effect until a new master development plan is filed. Director Lawrence responded that is correct. Supervisor DeHaven asked if approval of this request was something other developments could take advantage of or was the authorized change for just this instance. Director Lawrence responded approval would only apply to the Snowden Bridge Master Development Plan. Supervisor DeHaven moved for approval. The motion was seconded by Supervisor Dove. WHEREAS, Rezoning #06 -03 of Stephenson Village was submitted to rezone 794.6 acres from RA (Rural Areas) to R -4 (Residential Planned Community) with proffers. This property is located on the south side of Old Charlestown and Jordan Springs Roads and east of Milburn Road, and was identified with Property Identification Numbers 44 -A -31 A, 44 -A -292, 44 -A -293, and a portion of 44 -A -31; and WHEREAS, Rezoning #06 -03 of Stephenson Village was adopted by the Frederick County Board of Supervisors on September 24,2003; and WHEREAS, Master Development Plan #07 -05 for Stephenson Village (renamed Snowden Bridge) was administratively approved on February 23, 2006; and WHEREAS, numerous revisions to the Master Development Plan pertaining to housing types and internal street access have been administratively approved. The revisions did not affect the location of the major collector road nor its intersection points; and WHEREAS, The processing of the Master Development Plan revisions to date have required the property owner approval signatures of both developers (Stephenson Associates LC and Brookfield Stephenson Village, LLC), yet the revisions appear to only affect the land holdings of Brookfield Stephenson Village LLC; and WHEREAS, It has been determined that enabling Master Development Plan revisions without the benefit of both developer's approval will not affect implementation of the rezoning's proffered conditions; NOW, THEREFORE, BE IT ORDAINED by the Frederick County Board of Supervisors that Frederick County would be amenable to consider individual master development plan revisions for the two developers within the 794 acre Snowden Bridge development. This ordinance shall be in effect on the day of adoption. Minute Book Number 36 Board of Supervisors Regular Meeting of 04/13/11 ie Passed this 13'' day of April, 2011 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 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. (8:27 P.M.) L. Richard C. Shickle Chairman, Board of Supervisors R. Kiley, Jr. Clerk, Board of Supervisors Minutes Prepared By: C� L Jay E. fribbs Deputy Clerk, Board of Supervisors Minute Book Number 36 Board of Supervisors Regular Meeting of 04/13/11