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Home My WebLink AboutMay 25 2011 Regular Meeting Minutes317 A Regular Meeting of the Frederick County Board of Supervisors was held on Wednesday, May 25, 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; and Gene E. Fisher; and Gary A. Lofton. CALL TO ORDER Chairman Shickle called the meeting to order. INVOCATION Supervisor Collins 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 there were no changes or additions to the agenda. Upon a motion by Supervisor DeHaven, seconded by Supervisor Lofton, the Board approved the 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 Aye CONSENT AGENDA - APPROVED Administrator Riley offered the following item for the Board's consideration under the consent agenda: - Vacation of Road Right -of -Way — Apple Banks North Subdivision — Tab K. Upon a motion by Vice - Chairman Ewing, seconded by Supervisor Dove, 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 Aye CITIZEN COMMENTS Minute Book Number 36 Board of Supervisors Regular Meeting of 05/25/11 318 There were no citizen comments. BOARD OF SUPERVISORS COMMENTS There were no Board of Supervisors comments. MINUTES - APPROVED Upon a motion by Supervisor Fisher, seconded by Vice - Chairman Ewing, the Board approved the minutes from the May 11, 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 . II11Ni; - COMMITTEE APPOINTMENTS APPOINTMENT OF KEVIN KENNEY TO THE BOARD OF BUILDING APPEALS TO FILL THE UNEXPIRED TERM OF JAMES T. VICKERS - A PPR nvvlri Upon a motion by Supervisor Dove, seconded by Supervisor DeHaven, the Board appointed Kevin Kenney to the Board of Building Appeals to fill the unexpired term of James T. Vickers, said term to expire June 26, 2014. 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 TAMMY FURR TO THE SHAWNEELAND SANITARY DISTRICT ADVISORY COMMITTEE - APPROVED Upon a motion by Supervisor Lofton, seconded by Vice - Chairman Ewing, the Board reappointed Tammy Furr to the Shawneeland Sanitary District Advisory Committee. This is a two year appointment, said term to expire July 13, 2013 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 Minute Book Number 36 Board of Supervisors Regular Meeting of 05/25/11 319 Gene E. Fisher Aye Gary A. Lofton Aye RESOLUTION 0054 -11) TO SELF FUND LINE OF DUTY ACT CLAIMS - APPROVED Administrator Riley advised this was a resolution to allow the county to opt out of the Virginia Retirement System Line of Duty program and enter into a self - funded program through the Virginia Association of Counties Risk Pool. He noted that all liability for this program was transferred to localities by the State as part of their budget amendment process. Chairman Shickle stated he could not tell from the documentation from VACoRP how issues that occur during times of mutual aid would be addressed. He asked if it would be possible for a volunteer to go to another locality to provide assistance, get hurt, and then not be covered under this program. Administrator Riley responded ,he could get additional information, but he believed it would still be the county's responsibility. Supervisor DeHaven asked if existing mutual aid agreements needed to be updated to reflect this change in the Line of Duty Act. Administrator Riley responded no. Upon a motion by Supervisor Dove, seconded by Vice - Chairman Ewing, the Board approved the Resolution to Self -Fund Line of Duty Act Claims. WHEREAS, the Commonwealth of Virginia has created the Line of Duty Act Fund for the payment of liabilities prescribed by and administered under the Line of Duty Act, § 9.1 -400 et seq. of the Code of Virginia; and WHEREAS, the Commonwealth of Virginia has shifted the cost of paying past and present liabilities under the Line of Duty Act, from the State to local government entities through Item 258 of the 2011 Budget Bill; and WHEREAS, the County of Frederick, Virginia is automatically included in the Line of Duty Act Fund unless it opts out by June 30, 2012, and chooses to self fund its obligations under the Line of Duty Act; and WHEREAS, the County of Frederick Virginia desires to opt out of the Line of Duty Act Fund and self fund all liabilities relating to its past and present covered employees under the Line of Duty Act; NOW, THEREFORE, BE IT RESOLVED that the governing body of the County of Frederick, Virginia hereby agrees to opt out of the Line of Duty Act Fund effective June 30, 2011, and self fund all liabilities relating to its past and present covered employees under the Line of Duty Act effective July 1, 2011. Adopted this 25th day of May, 2011. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Minute Book Number 36 Board of Supervisors Regular Meeting of 05/25/11 320 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 FROM COMMISSIONER OF THE REVENUE FOR A REFUND - APPROVED Administrator Riley advised this was a request from the Commissioner of the Revenue to authorize the Treasurer to refund Language Learning Enterprises the amount of $7,348.72, for adjustments to a business license filed and paid for in 2010 prior to the business closing later in that year in the county. The county attorney has reviewed same and the refund appears to be justified. Upon a motion by Vice - Chairman Ewing, seconded by Supervisor Lofton, the Board approved the refund 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 Gary A. Lofton Aye COMMITTEE REPORTS FINANCE COMMITTEE REPORT - APPROVED The Finance Committee met in the First Floor Conference Room at 107 North Kent Street on Wednesday, May 18, 2011 at 8:00 a.m. All members were present. Items 1 and 2 were approved on consent agenda. Upon a motion by Vice - Chairman Ewing, seconded by Supervisor DeHaven, the Board approved the consent agenda. 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 1. The Sheriff requests a General Fund supplemental gppropriation in the amount of $3,131. This amount represents DARE donations and t -shirt reimbursements. No local funds required. See attached memo, p. 1. — Approved Under Consent Agenda. 2. The NRADC Superintendent requests a NRADC Fund supplemental appropriation in the amount of $34,632 in order to correct a budgeting error associated with the VRS Line of Duty costs. No additional local funds are required. See attached memo, p. 2. — Approved Under Consent Agenda. Minute Book Number 36 Board of Supervisors Regular Meeting of 05/25/11 321 3. The NRADC Superintendent requests a DCS Fund supplemental appropriation in the amount of $35,000 in order to purchase 2 replacement vehicles. See attached memo, p 3. 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 Aye Charles S. DeHaven, Jr. Aye Gary W. Dove Aye Gene E. Fisher Aye Gary A. Lofton Aye 4. The Zoning Administrator requests a General Fund and Development Projects Fund supplemental appropriation in the amount of $9,186.55 This amount represents the county funds needed to complete Whitacre Farms subdivision which was abandoned by the original developer. The performance bond was budgeted in July 2010. This item was postponed last month for further research with the County Attorney. See attached memo, p. 4 -7. The committee recommends approval that the project proceed, but supplemental appropriation requests will be brought back to Finance Committee on an as needed basis. - Approved. Upon a motion by Vice - Chairman Ewing, seconded by Supervisor DeHaven, the Board approved the Finance Committee's recommendation. Supervisor Fisher stated this is part of a much bigger issue and there is a need to study the process of development in the rural areas (e.g. public versus private roads). Supervisor Lofton stated he was supportive of this project going forward with the existing funds, but he was not supportive of additional money, if existing funds did not cover the cost. 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 Nay Gary A. Lofton Aye 5. The Department of Social Services requests an FY2012 General Fund reduction appropriation in the amount of $130,501 This amount represents reduced State funding. See attached, p. 8. 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 Aye Charles S. DeHaven, Jr. Aye Gary W. Dove Aye Minute Book Number 36 Board of Supervisors Regular Meeting of 05/25/11 322 Gene E. Fisher Aye Gary A. Lofton Aye 6. The Department of Social Services requests an FY2011 General Fund reduction qppropriation in the amount of $261,097 Of this amount, $24,257 represents reduced local costs, the remainder represents reduced State funding. See attached memo, p. 8 -10. The committee recommends approval. — 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 Aye 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 $14,671 This amount represents funds for the RIT House ($8,583), the Scott In- House Repair Center ($3,089), and unanticipated overtime expenses ($2,999). All funds represent overages in budgeted revenue. See attached memo, p. 11. 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 Aye Charles S. DeHaven, Jr. Aye Gary W. Dove Aye Gene E. Fisher Aye Gary A. Lofton Aye 8. The County Administrator requests a General Fund supplemental appropriation in the amount of $150,000 to cover legal and other professional services expenses through the end of FY2011. See attached memo, p. 12. 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 Bill M. Ewing Christopher E. Collins Charles S. DeHaven, Jr Gary W. Dove Gene E. Fisher Gary A. Lofton Aye Aye Aye Aye Aye Aye Aye ** *Information Only * ** 1. The County Administrator provides draft Memorandums of Understanding for various city /county joint projects. Items have been approved by the Joint Finance Committee and are now being reviewed by legal counsel. Final versions of the MOUs will be brought to the Finance Committee at a later date for recommendation to the Board of Supervisors. See attached information, p. 13 -21. Minute Book Number 36 Board of Supervisors Regular Meeting of 05/25/11 323 22 -28. 2. The Finance Director provides a Fund 10 Transfer report for FYI 1. See attached, p. 29. 3. The Finance Director provides the Unreserved Fund Balance report. See attached, p. 4. The Finance Director provides April Financial Statements. See attached, p. 30 -42. PUBLIC HEARING PUBLIC HEARING - OUTDOOR FESTIVAL PERMIT REQUEST OF STEPHEN GALLAHAN AND DIANNA BANKSON — "STEVE STOCK." PURSUANT TO THE FREDERICK COUNTY CODE, CHAPTER 86, FESTIVALS; SECTION 86- 3, PERMIT REOUIRED; APPLICATION; ISSUANCE OR DENIAL; FEE FOR AN OUTDOOR FESTIVAL PERMIT. FESTIVAL TO BE HELD ON SATURDAY, JUNE 25, 2011, FROM 2:00 P.M. TO 10.00 P.M. AT THE FREDERICK COUNTY FAIR GROUNDS, 167 FAIR GROUND ROAD, CLEARBROOK, VIRGINIA. PROPERTY OWNED BY FREDERICK COUNTY FAIR ASSOCIATION. - APPROVED Administrator Riley advised this was a request for an outdoor festival permit by Stephen Gallahan and Dianna Bankson for "Steve Stock ". The event will be held on Saturday, June 25, 2011 from 2:00 p.m. — 10:00 p.m. at the Frederick County Fair Grounds. Supervisor Lofton asked about the application statement regarding alcoholic beverages and if alcohol was permitted on the fairgrounds. Mr. Gallahan responded they would be putting up signs stating that no alcohol would be allowed on the premises. Supervisor Lofton commended the applicants for finding a better venue for this event. Supervisor Collins asked if the applicant had spoken to the Clearbrook Fire Company. Mr. Gallahan responded he had and they agreed to provide an EMT and an ambulance on standby beginning at 11:00 a.m. 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 Lofton, the Board approved the outdoor festival permit for Steve Stock. 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 Minute Book Number 36 Board of Supervisors Regular Meeting of 05/25/11 324 PUBLIC HEARING - OUTDOOR FESTIVAL PERMIT REQUEST OF DAVID EISERMAN AND LOGAN BYRD — "NOMADIC ROOTS MUSIC AND ARTS 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 THURSDAY, JULY 28, 2011 THRU SUNDAY, JULY 31,2011; FROM 4:00 P.M. ON THURSDAY, JULY 28 UNTIL 12:00 NOON ON SUNDAY, JULY 31, 2011; ON THE GROUNDS_ OF THE COVE CAMPGROUND, 980 COVE ROAD, GORE, VIRGINIA. PROPERTY OWNED BY ANDY MCDOWELL. - APPROVED Administrator Riley advised this was a request for an outdoor festival permit by David Eiserman and Logan Byrd for Nomadic Roots Music and Arts Festival. The event will take place Thursday, July 28, 2011 beginning at 4:00 p.m. through Sunday, July 31, 2011 at 12:00 p.m. on the grounds of the Cove Campground. Chairman Shickle convened the public hearing. There were no public comments. Chairman Shickle closed the public hearing. Upon a motion by Supervisor Lofton, seconded by Supervisor Collins, the Board approved the outdoor festival permit for Nomadic Roots Music and Arts Festival. 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 PUBLIC HEARING - AMENDMENT TO THE 2010 -2011 FISCAL YEAR BUDGET — PURSUANT TO SECTION 15.2 -2507 OF THE CODE OF VIRGINIA, 1950, AS AMENDED, THE BOARD OF SUPERVISORS WILL HOLD A PUBLIC HEARING TO AMEND THE FISCAL YEAR 2010 -2011 BUDGET TO REFLECT: SCHOOL CONSTRUCTION FUND SUPPLEMENTAL APPROPRIATION IN THE AMOUNT OF $15,205,000.00 FOR THE NEW TRANSPORTATION FACILITY. THIS REQUEST IS IN ADDITION TO THE PREVIOUSLY APPROVED $2 MILLION APPROPRIATED IN JANUARY 2008 FOR THE PURCHASE OF LAND AND DESIGN OF THE FACILITY AND PROVIDES FOR A TOTAL PROJECT OF $17,205,000.00. — ( RESOLUTION #055 -11) - APPROVED RESOLUTION 0056 -11) OF THE BOARD OF SUPERVISORS DECLARING ITS INTENTION TO REIMBURSE ITSELF FROM THE PROCEEDS OF ONE OR MORE FINANCING FOR CERTAIN COSTS OF CAPITAL IMPROVEMENTS FOR PUBLIC SCHOOL PURPOSES. - APPROVED Administrator Riley advised this was an amendment to the FY 2010 -2011 budget pursuant to Section 15.2 -2507 of the Code of Virginia for the School Construction Fund in the amount of $15,205,000. This request is in addition to the previously approved $2 million Minute Book Number 36 Board of Supervisors Regular Meeting of 05/25/11 325 appropriated in January 2008 for the purchase of land and design of the facility and provides for a total project cost of $17,205,000. In addition to the budget amendment, there is also a reimbursement resolution to allow the Board to reimburse itself for funds expended prior to the next bond sale. Chairman Shickle convened the public hearing. There were no citizen comments. Chairman Shickle closed the public hearing. Upon a motion by Vice - Chairman Ewing, seconded by Supervisor Fisher, the Board approved the school construction fund supplemental appropriation in the amount of $15,205,000 for the new transportation facility and Resolution of the Board of Supervisors of the County of Frederick, Virginia, Declaring Its Intention to Reimburse Itself from the Proceeds of One or More Financings for Certain Costs of Capital Improvements for Public School Purposes. RESOLUTION #055 -11 WHEREAS, the Frederick County Board of Supervisors, meeting in regular session and public hearing held on May 25, 2011, took the following action: NOW, THEREFORE, BE IT RESOLVED, by the Board of Supervisors that the FY 2010 -2011 Budget be Amended to Reflect: School Construction Fund Supplemental Appropriation in the Amount of $15,205,000.00 for the New Transportation Facility This Request is in Addition to the Previously Approved $2 Million Appropriated in January 2008 for the Purchase of Land and Design of the Facility and Provides for a Total Project of $17,205,000.00. 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 RESOLUTION #056 -11 RESOLUTION OF THE BOARD OF SUPERVISORS OF THE COUNTY OF FREDERICK, VIRGINIA DECLARING ITS INTENTION TO REIMBURSE ITSELF FROM THE PROCEEDS OF ONE OR MORE FINANCINGS FOR CERTAIN COSTS OF CAPITAL IMPROVEMENTS FOR PUBLIC SCHOOL PURPOSES The County of Frederick, Virginia (the "County ") has determined that it may be necessary or desirable to advance money to pay the costs of certain capital improvements for public school purposes, specifically for the new transportation facility (the "Project "). NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF THE COUNTY OF FREDERICK, VIRGINIA: Minute Book Number 36 Board of Supervisors Regular Meeting of 05/25/11 326 1. The Board of Supervisors adopts this declaration of official intent under Treasury Regulations Section 1.150 -2. 2. The Board of Supervisors reasonably expects to reimburse advances made or to be made by the County to pay the costs of the Project from the proceeds of one or more financings. The maximum amount of financing expected to be issued for the Project is $15,205,000. 3. This resolution shall take effect immediately upon its adoption. The foregoing resolution was adopted by the Board of Supervisors at its meeting on May 25, 2011 by the following roll call 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 - ORDINANCE TO AMEND THE FREDERICK COUNTY CODE, CHAPTER 165, ZONING, ARTICLE I GENERAL PROVISIONS; AMENDMENTS; AND CONDITIONAL USE PERMITS, PART 102 AMENDMENTS, §165- 102.06 CONDITIONAL REZONING — REVISION TO PUBLIC HEARING REQUIREMENTS FOR PROFFERS. - APPROVED Senior Planner Candice Perkins appeared before the Board regarding this item. She advised this was a proposed revision to the Zoning Ordinance to allow the Board of Supervisors to waive the public hearing requirement for proffer revisions when the proposed revision does not affect conditions of use or density. The proposed amendment is in conformance with the Code of Virginia. She concluded by saying the Planning Commission recommended approval. 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 Lofton, the Board approved the ordinance to amend the Frederick County Code, Chapter 165, Zoning, Article I General Provisions, Amendments, and Conditional Use Permits, Part 102 Amendments, 165- 102.06 Conditional Rezoning. WHEREAS, an ordinance to amend Chapter 165, Zoning to enable a new State Code provision in regard to proffer revisions, was considered. The Code of Virginia contains enabling legislation that allows the Board of Supervisors to waive the public hearing requirement for proffer revisions when the proposed revision does not affect conditions of use or density; and WHEREAS, The Planning Commission held a public hearing on this ordinance on May 18, 2011; and WHEREAS, The Board of Supervisors held a public hearing on this ordinance on May Minute Book Number 36 Board of Supervisors Regular Meeting of 05/25/11 327 25, 2011; and WHEREAS, the Frederick County Board of Supervisors finds that the adoption of this ordinance to be in the best interest of the public health, safety, welfare, and in good zoning practice; and NOW, THEREFORE, BE IT ORDAINED by the Frederick County Board of Supervisors that CHAPTER 165, ZONING, ARTICLE I GENERAL PROVISIONS; AMENDMENTS; AND CONDITIONAL USE PERMITS, PART 102 AMENDMENTS, s165-102.06 CONDITIONAL REZONING is revised to enable the Board of Supervisors to waive the public hearing requirement for proffer revisions when the proposed revision does not affect conditions of use or density. § 165- 102.06 Conditional rezoning. The application for a rezoning may proffer in writing, before the public hearing by the Board of Supervisors, conditions to be placed on the approval of the rezoning. A. Procedures. Proffers shall be presented to and considered by the Planning Commission at the advertised public hearing for the rezoning. The Planning Commission shall make a recommendation on the acceptance of the proffers and the rezoning to the Board of Supervisors following the procedures described for amendments to this chapter. Proffers shall be received in writing, signed by the owner and applicant, at least five (5) days prior to the advertised hearing of the Board of Supervisors. 1) The Board of Supervisors may amend proffers once the public hearing has begun, or thereafter, if the amended proffers do not affect the conditions of use or density in such a way as to make the use or density of the property more intense than originally proposed. Once proffered and accepted as part of an amendment to the zoning ordinance, the conditions shall continue in effect until a subsequent amendment changes the zoning on the property covered by the conditions. However, the conditions shall continue if the subsequent amendment is part of a comprehensive implementation of a new substantially revised zoning ordinance. 2) Proffer Amendments. In accordance with § 15.2 -2302 of the Code of Virginia, when an amendment to a previously approved Proffered condition is requested by the Profferor, and where such amendment does not affect conditions of use or density, and when the proposed amendment provides a benefit to the County, the Board of Supervisors may waive the requirement for a public hearing. Once so amended, the Proffered conditions shall continue to be an amendment to the zoning ordinance and may be enforced by the zoning administrator pursuant to the applicable Provisions of this Chapter. This amendment shall be in effect on the day of adoption. Passed this 25 day of May, 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 OTHER PLANNING ITEMS AN ORDINANCE TO PROVIDE FO R THE APPORTIONMENT OF MEMBERS OF COUNTY BOARDS OF SUPERVISORS, TO ESTABLISH BOUNDARY LINES OF THE MAGISTERIAL DISTRICTS AND VOTING PRECINCTS, TO NAME EACH MAGISTERIAL DISTRICT AND VOTING PRECINCT. AND TO ESTABLISH A POLLING PLACE FOR EACH VOTING PRECINCT. TO Minute Book Number 36 Board of Supervisors Regular Meeting of 05/25/11 328 AMEND THE FREDERICK COUNTY CODE, CHAPTER 7, ELECTIONS; ARTICLE 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. (PUBLIC HEARING HELD ON APRIL _ 13, 2011.) - APPROVED Eric Lawrence, Director of Planning and Development, appeared before the Board regarding this item. He advised this is the culmination of the redistricting exercise which is conducted every ten years as part of the census. The Board held a public hearing on this item at the April 13, 2011 meeting. Since that time, staff has received no comments on the proposed redistricting. He noted this proposal is consistent with what the board saw at its April 13, 2011 meeting. He concluded by saying staff was looking for adoption of the proposed amendments to Chapter 7 of the Frederick County Code. Upon a motion by Supervisor Lofton, seconded by Supervisor Fisher, the Board approved the Ordinance to Provide for the Apportionment of Members of County Boards of Supervisors, to Establish Boundary Lines of the Magisterial Districts and Voting Precincts, to Name Each Magisterial District and Voting Precinct, and to Establish a Polling Place for Each Voting Precinct. To Amend the Frederick County Code, Chapter 7, Elections; Article 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. WHEREAS, an ordinance to amend the Frederick County Code, Chapter 7, Elections, Article I, Magisterial Districts, Section 7 -1 (Districts Created), Section 7 -2 (Districts Enumerated), and Section 7 -4 (Boundaries); and Article II, Election Precincts, Section 7 -6 (Precincts Created), Section 7 -7 (Precinct and Respective Polling Places Enumerated), Section 7- 8 (Boundaries), and Section 7 -9 (Changes in Precinct or Polling Places); and, WHEREAS, the Frederick County Board of Supervisors held a public hearing on this ordinance amendment on April 13, 2011; and, WHEREAS, the Frederick County Board of Supervisors finds that the adoption of this ordinance to be in the best interest of the public health, safety, welfare, and convenience. NOW, THEREFORE, BE IT ORDAINED by the Frederick County Board of Supervisors that Frederick County Code, Chapter 7, Elections, Article I, Magisterial Districts, Section 7 -1 (Districts Created), Section 7 -2 (Districts Enumerated), and Section 7 -4 (Boundaries); and Article II, Election Precincts, Section 7 -6 (Precincts Created), Section 7 -7 (Precinct and Respective Polling Places Enumerated), Section 7 -8 (Boundaries), and Section 7 -9 (Changes in Precinct or Polling Places) is amended as described on the attachment. Frederick County Code Chapter 7 ELECTIONS Minute Book Number 36 Board of Supervisors Regular Meeting of 05/25/11 329 ARTICLE I Magisterial Districts §7 -1. Districts created. Pursuant to authority contained in Code of Virginia (1950) as amended, §15.2 -1211, the Magisterial Districts of Frederick County, Virginia, are hereby created and established as set forth in this article. §7 -2. Districts enumerated. The magisterial districts with populations set forth are as follows: Magisterial District Back Creek Gainesboro Opequon Red Bud Shawnee Stonewall Population (as ofApril 1, 2010) 13,120 10 ,293 12,873 4,81-8 12,753 4,-5-54 12,809 9� 13,64 4, 49-3 13,101 19,243 §7 -3. Central Absentee Voting Precinct. The Central Absentee Voting Precinct for all elections (except elections for Middletown and Stephens City) is to be held at 107 North Kent Street (County Administration Building), Winchester, Virginia, in a first floor conference room. §7 -4. Boundaries. The boundaries of the respective magisterial districts are as set forth below: A. Back Creek Magisterial District. Beginning at the inter-section of Ho l l o w R ea d (Stat 1V11V YY 11V�[Q - `p1CLLG - i Ro '70 7) with th West Vi rg inia State line + H amps hi re C + tl, + _' _�__ � .•__�_ "__� West .. b ....... ..�.....� ....� .,.. �vHiaa.�, �aavaavv lu uu vuowau a nd n oft h em dir-eetion with Hollow Road (State Route 707) to its int efsee ti on tL. Nei4hwestefn gik(. Highway Route cn West) Beginning at the intersection of Back Creek Road (State Route 704) with the West Virginia State line at Hampshire County; thence in an eastern and northern direction with Back Creek Road (State Route 704) to its intersection with Gore Road (State Route 751); thence in a western direction with Gore Road (State Route 751) to its intersection with Northwestern Pike (U.S. Highway Route 50 West); thence in a southeastern direction with Northwestern Pike (U.S. Highway Route 50 West) to its intersection with Round Hill Road (State Route 803); RetAe 803) to its inter-seetion with Nefthwestem Pike (U.S. Highway RotAe 50 West)-, thence iii-an eastern dir-eetion with- NeAhwestefn Pike (U.S. Highway -rDe t 50 s l t) t Nlifginia Pr-ifnar-y RetAe 3 7 to its ii4efseetion with Valle) Pike (U.S. Rei;Ae 11 ; ��7,, thenee--in a- semi =estera dir-ee-tion with V alley Pik it r c Route 11 c t�) te t o- u�cvucc - �vucrr�— �rJ inter-seefien with the eefpor-ate hinits of the Tevai of Stephens City; th stem end sotAhefn dir-eefien with the eer-pefa4e limits of the Town ef S teph e ns City to i t s intersecti on -ter with Stephens Run e town''s- sehefn eefPerate limit) thence in a southeastern direction with Round Hill Road (State Route 803) to its intersection with Abrams Creek; thence in a southern direction with Abrams Creek for 130 feet to its intersection with the Winchester and Western Railroad; thence in a southeastern direction with the Winchester and Western Railroad Track to its intersection with Virginia Primary Route 37, thence in a southern direction with Virginia Primary Route 37 to its intersection with Middle Road (State Route 628); thence in a northeastern direction with Middle Road (State Route 628) to its intersection with the corporate limits of the City of Winchester; thence in a southern and eastern direction with the southern corporate limits of the City of Winchester to its intersection with U.S. Interstate Route 81; thence in a southern direction with U.S. Interstate Route 81 to its intersection with the northern corporate limits of the Town of Stephens City; thence in a western, then southern, and then eastern direction with the corporate limits of the Town of Stephens City to its intersection with Valley Pike ( U.S. Route 11 South); Minute Book Number 36 Board of Supervisors Regular Meeting of 05/25/11 330 thence in a northern direction with Valley Pike (U.S. Route 11 South) to its intersection with Stephens Run; thence in an eastern direction with Stephens Run to its intersection with U.S. Interstate Route 81; thence in a southwestern direction with U.S. Interstate Route 81 to its intersection with the Warren County, Virginia line; thence in a western direction with the Warren County, Virginia line to its intersection with the Shenandoah County, Virginia line at Cedar Creek; thence in a northern and western direction with the Shenandoah County, Virginia line to its intersection with the West Virginia line at Hardy County; th enee in a - t a d t wi th �" West oria�crn- �arrmccc�rcrrr�arrE 'ccr9ii�klicrr ►r-��c thence in a northern and eastern direction with the West Virginia line to its intersection with Back Creek Road (State Route 704) B. Gainesboro Magisterial District. B eg i nn i ng * the t f H Rea (Stat RotAe 707) with the ALest Virginia S-We line a4 14ampshir-e County; Beginnings at the intersection of Back Creek Road (State Route 704) with the West Virginia State line at Hampshire County; thence in a northern and eastern direction with the West Virginia line at Hampshire County to its intersection with the West Virginia line at Morgan County; thence in a southeastern direction with the West Virginia line at Morgan County to its intersection with the West Virginia line at Berkeley County; thence in an eastern direction with the West Virginia line at Berkeley County to its intersection with Apple Pie Ridge Road (State Route 739); thence in a southwestern direction with Apple Pie Ridge Road (State Route 739) to its intersection with North Frederick Pike (U.S. Highway Route 522 North); thence in an eastern direction with North Frederick Pike (U.S. Highway Route 522 North) to its intersection with Virginia Primary Route 37; thence in a southwestern direction with Virginia Primary Route 37 to its intersection with Northwestern Pike (U.S. Highway Route 50 West); thenee in a westefa ` ireet o" V4 NeAhwestefn Pike (U.S. Highway RetAe 50 West) to its inter-seetion with Retmd 1441 Read (State Route 803); thenee in a setAher-n and westefn dir-eetion with Round 1441 R (State Rou4e 803) to its interseetion with Nefthwestefn Pike (U.S. Highway Rettte 50 West) thence in an eastern direction with Northwestern Pike (U.S. Route 50 West) to its intersection with the western corporate limits of the City of Winchester; thence in a southern direction with the western corporate limits of the City of Winchester to its intersection with Middle Road (State Route 628); thence in a southwestern direction with Middle Road (State Route 628) to its intersection with Virginia Primary Route 37; thence in a northern direction with Virginia Primary Route 37 to its intersection with the Winchester and Western Railroad, thence in a western direction with the Winchester and Western Railroad to its intersection with Abrams Creek; thence in a north direction with Abrams Creek for 130 feet to its intersection with Round Hill Road (State Route 803); thence in a western direction with Round Hill Road (State Route 803) to its intersection with Northwestern Pike (U.S. Highway Route 50 West); thenee in a nefthwesteffl dir-eetion with Nei4hwestefn Pike (U.S. Highway Rout West) to its inter-seec '* �c Hollow (State Route 707); t e ^° i a so uth em a westem difeetion with Hollow Read (State Route 707) te the West Virginia fin thence in a western direction with Northwestern Pike (U.S. Highway Route 50 West) to its intersection with Gore Road (State Route 751); thence in a southern and eastern direction with Gore Road (State Route 751) to its intersection with Back Creek Road (State Route 704); thence in a southern direction with Back Creek Road (State Route 704) to its intersection with the West Virginia State line at Hampshire County. C. Opequon Magisterial District. Beginning at the intersection of U.S. Interstate Route 81 with the northern corporate limits of the Town of Stephens City; thence in a western, t hen southern, and then eastern direction with the corporate limits of the Town of Stephens City to its intersection with St e phens Ru (the to�A 's ° t Ahe "' ^ ""+° lifni ; Valley Pike ( U.S. Route 11 South); thence in a northern direction with Valley Pike (U.S. Route 11 South) to its intersection with Stephens Run; thence in a eastern direction with Stephens Run to its intersection with U.S. Interstate Route 81; thence in a southwestern direction with U.S. Interstate Route 81 to its intersection with the Warren County , Virginia line; thence in an eastern and northern direction with the Warren County, Virginia line to its intersection with the Clarke County, Virginia line; thence in a northeastern direction with Clarke County, Virginia line to its intersection with Fairfax Pike (Virginia Primary Route 277); thence in a northwestern direction with Fairfax Pike Minute Book Number 36 Board of Supervisors Regular Meeting of 05/25/11 331 (Virginia Primary Route 277) to its intersection with White Oak Road (State Route 636); thence in a northeastern direction with White Oak Road (State Route 636) to its intersection with Tasker Road (State Route 642); thence in a western direction with Tasker Road (State Route 642) to its intersection with Aylor Road (State Route 647); thence in a southwestern direction with Aylor Road (State Route 647) to its intersection with Double Church Road (State Route 641)• thence in a nej4h dir-eetion ffem t he ipAer-seetien of Ayler- Read (State Route 647) and Double Chur-eh Read (State Rowe 644) to U.S. inter-state Route 81 at the eer-per-ate limits of the T-evffi of Stephens thence in a southern direction with Avlor Road (State Route 647) to its intersection with Fairfax Pike (Virginia Primary Route 277 East); thence in a western direction with Fairfax Pike (Virginia Primary Route 277 East) to its intersection with U.S. Interstate Route 81; thence in a northern direction with U.S Interstate Route 81 to its intersection with the northern corporate limits of the Town of Stephens City D. Red Bud Magisterial District. Beginning at the intersection of Berryville Pike (Virginia Primary Route 7 East) with U.S. Interstate Route 81 (the eastern corporate limits of the City of Winchester); thence in a southern direction with U.S. Interstate Route 81 to its intersection with Senseny Road (State Route 657); thence in an eastern direction with Senseny Road (State Route 657) to its intersection with Greenwood Road (State Route 656); thence in a southern direction with Greenwood Road (State Route 656) to its intersection with Sulfur Springs Road (State Route 655); thence in an eastern direction with Sulfur Springs Road (State Route 655) to its intersection with the Clarke County, Virginia line at Opequon Creek; thence in a northern direction with the Clarke County, Virginia line at Opequon Creek to its intersection with Berryville Pike (Virginia Primary Route 7 East); thence in a western direction with Berryville Pike (Virginia Primary Route 7 East) to its intersection with U.S. Interstate Route 81 (the eastern corporate limits of the City of Winchester). E. Shawnee Magisterial District. Beginning at the intersection of Senseny Road (State Route 657) with U.S. Interstate Route 81 (the eastern corporate limits of the City of Winchester); thence in an eastern direction with Senseny Road (State Route 657) to its intersection with Greenwood Road (State Route 656); thence in a southern direction with Greenwood Road (State Route 656) to its intersection with Sulphur Spring Road (State Route 655); thence in an eastern direction with Sulphur Spring Road (State Route 655) to its intersection with the Clarke County, Virginia line at Opequon Creek; thence in a southern direction with the Clarke County, Virginia line to its intersection with Fairfax Pike (Virginia Primary Route 277 East); thence in a northwestern direction with Fairfax Pike (Virginia Primary Route 277 East) to its intersection with White Oak Road (State Route 636); thence in a northeastern direction with White Oak Road (State Route 636) to its intersection with Tasker Road (State Route 642); thence in a western direction with Tasker Road (State Route 642) to its intersection with Aylor Road (State Route 647); thenee in a nefthwestem difeetion fT-efn the inter-seetion of Ayler- Read (State Route 647) and Double Chur-eh Read (Sta4e Reu4e 64 1) to U.S. inter-state Route 8 1 at the eefpar-ate limits of the T-eA% of Stephens City; thenee in a HeAhwestefn dir-eetion with the eer-per-ate li of the 'T'.,..% of Steph City teTi interaeetion with - Valley Pike -( .S. Reucc -1 1 South); thenee in a noftheastem dir-eefieft with Valley Pike (U.S. Ret4e 11 South) te-its w4h Virginia Primary Route 37 te its iWer-seetion with Nefthwestem Pike (U.S. Reute 50 West); thenee in an eastem dir-eetien with NeAhwestem Pike (U.S. Reu4e 50 West) ta4t-s intersection with th wes tem eefpofzte himits of the of 11 7' t, + t �rcaccr, - rricrrcczrr -ii seuthem and eastem difeefien with the western eer-per-a4e limits of the City of Wineheslef to its in4er-seetion with Hoge Run; thenee in an eastem and seuthem direetion with the sout-hern eer-per-a4e limits of the City ef Winchester- to its in4er-seefien with U.S. inter-state Route 81 thence in a southern direction with Avlor Road (State Route 647) to its intersection with Fairfax Pike (Virginia Primary Route 277 East); thence in a western direction with Fairfax Pike (Virginia Primary Route 277 East) to its intersection with U.S. Interstate Route 81; thence in a northeastern direction with U.S. Interstate Route 81 to its intersection with Senseny Road (State Route 657). F. Stonewall Magisterial District. Beginning at the intersection of Apple Pie Ridge Road (State Route 739) with the West Virginia line at Berkeley County; thence in an eastern direction with the West Virginia line at Berkeley County to its intersection with the Minute Book Number 36 Board of Supervisors Regular Meeting of 05/25/11 332 Clarke County, Virginia line; thence in a southern direction with the Clarke County line at Opequon Creek to its intersection with Berryville Pike (Virginia Primary Route 7 East); thence in a western direction with Berryville Pike (Virginia Primary Route 7 East) to its intersection with the corporate limits of the City of Winchester; thence in a western and northern direction with the Winchester corporate limits to its intersection with Virginia Primary Route 37; thence in a northeastern direction with Virginia Primary Route 37 to its intersection with North Frederick Pike (U.S. Highway Route 522 North); thence in a western direction with North Frederick Pike (U.S. Highway Route 522 North) to its intersection with Apple Pie Ridge Road (State Route 739); thence in a northeastern direction with Apple Pie Ridge Road (State Route 739) to the West Virginia line at Berkeley County. §7 -5. Election of Supervisors. There shall be one Chairman elected at -large from all districts within the county, and one Supervisor shall be elected from each magisterial district created by this article. ARTICLE II Election Precincts §7 -6. Precincts created. Pursuant to authority contained in the Code of Virginia (1950) as amended, §24.2 -305 through 24.2- 310.1, the precincts and their respective polling places for the county are hereby created and established as set forth in this article. §7 -7. Precincts and respective polling places enumerated. The precincts for each magisterial district and the polling places for each precinct shall be as set forth below: A. Back Creek Magisterial District. Precinct Cedar Creek Precinct Gore Precinct Kernstown Precinct Russells Precinct Polling Places Middletown Elementary School North Mountain Fire Hall Orchard View Elementary School Round Hill Fire Hall B. Gainesboro Magisterial District. Precinct Albin Precinct Gainesborough Precinct Nain Precinct Redland Precinct C. Opequon Magisterial District. Precinct Canterburg Precinct Newtown Precinct Stephens City Precinct D. Red Bud Magisterial District. Precinct Ash Hollow Precinct Greenwood Precinct Millbrook Precinct E. Shawnee Magisterial District. Minute Book Number 36 Board of Supervisors Regular Meeting of 05/25/11 Polling Places James Wood High School Gainesboro Elementary School James Wood High School Indian Hollow Elementary School Polling Places Sherando High School Robert E. Aylor Middle School Bass - Hoover Elementary School Polling Places Dowell J. Howard Ve -Teed Center G F Hat Greenwood Mill Elementary School Millbrook High School 333 Precinct Armel Precinct Carpers Valley Precinct Parkin's Mill Precinct Shenandoah Precinct F. Stonewall Magisterial District. Precinct Clear Brook Precinct Neff s Town Precinct White Hall Precinct Polling Places Armel Elementary School Senseny Road School Bowman Library Evendale Elementary School Polling Places Stonewall Elementary School Red Bud Redbud Run Elementary School Apple Pie Ridge Elementary School §7 -8. Boundaries. The boundaries of the respective precincts are as set forth below: A. Back Creek Magisterial District. (1) Cedar Creek Precinct. Beginning at the intersection of Salem Church Road (State Route 735) and U.S. Interstate Route 81; thence in a southwestern direction with U.S. Interstate Route 81 to its intersection with the Warren County, Virginia line; thence in a western direction with the Warren County, Virginia line to its intersection with the Shenandoah County, Virginia line; thence in a northwestern direction with the Shenandoah County, Virginia line at Cedar Creek to its intersection with Middle Road (State Route 628); thence in a northeastern direction with Middle Road (State Route 628) to its intersection with Clark Road (State Route 638); thence in a southern and eastern direction with Clark Road (State Route 638) to its intersection with Hites Road (State Route 625); thence in a northern direction with Hites Road (State Route 625) to its intersection with Vaucluse Road (State Route 638); thence in an eastern direction with Vaucluse Road (State Route 638) to its intersection with Valley Pike (U.S. Highway Route 11 South); thence in a northern direction with Valley Pike (U.S. Highway Route 11 South) to its intersection with Salem Church Road (State Route 735); thence in a southeastern direction with Salem Church Road (State Route 735) to its intersection with U.S. Interstate Route 81. (2) Gore Precinct. Beginning at the inter-seetion of Hollow Read (State Route 74D-7) wi th the West Virginia limp e Count rnEe in an — difeetien with Iellew Read (State Rout 7 7) to it,— intefsectien wi Beginning at the intersection of Back Creek Road (State Route 704) with the West Virginia State line at Hampshire County; thence in an eastern and northern direction with Back Creek Road (State Route 704) to its intersection with Gore Road (State Route 751); thence in a western direction with Gore Road (State Route 751) to its intersection with Northwestern Pike (U.S. Highway Route 50 West); thence in an eastern direction with Northwestern Pike (U.S. Highway Route 50 West) to its intersection with Back Mountain Road (State Route 614); thence in a southwestern direction with Back Mountain Road (State Route 614) to its intersection with South Hayfield Road (State Route 600); thence in a southwestern direction with Back Mountain Road (State Route 600) to its intersection with Wardensville Grade (State Route 608); thence in a southwestern direction with Wardensville Grade (State Route 608) to its intersection with Mountain Falls Road (State Route 60� thence in a southeastern direction with Mountain Falls Road (State Route 606) to its intersection with Fall Run (east of Lemming's Lane); thence in a southeastern direction with Fall Run to Cedar Creek at the Shenandoah County line; thence in a southwestern direction with the Shenandoah County line at Cedar Creek and in a northwestern direction with the Shenandoah County line to its intersection with the West a+ Virginia line at Hardy County; t epee it ei4he di ee tie1S 1 ;� = e' lest' 4 4 t _ it ____mil TT l Read (State Reu4e �rrtc -ty- . thence in a northern and eastern direction with the West Virginia line to its intersection with Back Creek Road (State Route 7 Minute Book Number 36 Board of Supervisors Regular Meeting of 05/25/11 334 (3) Kernstown Precinct. 37 with Valley Pike (U.S. Highway Route 11 South); thenee in a southern dir-eetien with Valley Pike (U.S. Highway Route 11 South) te its ipAer-seefie v aw ifAefseefien with Rcm-- Etl��vucrnzxrC e=pviate rlrizir vr a - TV Vffi of Stephens City); Be,&inninz at the intersection of Virzinia Primary Route 37 and Middle Road (State Route 628); thence in a northeastern direction wit Middle Road (State Road 628) to its intersection with the corporate limits of the City of Winchester; thence in an eastern and southern direction with the southern corporate limits of the City of Winchester to its intersection with U.S. Interstate 81 • thence in a southern direction with U.S. Interstate 81 to its intersection with the northern corporate limits of the Town of Stephens City; thence in a western, then southern, and then eastern direction with the corporate limits of the Town of Stephens City to its intersection with Valley Pike (U.S. Route 11 South); thence in a northern direction with Valley Pike (U.S. Route 11 South) to its intersection with Stephens Run, thence in a eastern direction with Stephens Run to its intersection with U.S. Interstate Route 81; thence in a southern direction with U.S. Interstate Route 81 to its intersection with Salem Church Road (State Route 735); thence in a western direction with Salem Church Road (State Route 735) to its intersection with Valley Pike (U.S. Highway Route 11 South); thence in a southern direction with Valley Pike (U.S. Highway Route 11 South) to its intersection with Vaucluse Road (State Route 638); thence in a western direction with Vaucluse Road (State Route 638) to its intersection with Hites Road (State Route 625); thence in a southern direction with Hites Road (State Route 625) to its intersection with Clark Road (State Route 638); thence in a western and northern direction with Clark Road (State Route 638) to its intersection with Middle Road (State Route 628); thence in a southwestern direction on Middle Road (State Route 628) to its intersection with Cedar Creek Grade (State Route 622); thence in a northeastern direction with Cedar Creek Grade (State Route 622) to its intersection with the Virginia Primary Route 37; thence in a southern direction with Virginia Primary Route 37 to its intersection with Valley Pike (U.S. Highway Reu4e 11 . Middle Road (State Route 628). (4) Russells Precinct. Beginning at the intersection of Northwestern Pike (U.S. Highway Route 50 West) and Back Mountain Road (State Route 614); thence in a southeastern direction with Northwestern Pike (U.S. Highway Route 50 West) to its intersection with Round Hill Road (State Route 803); thence in a southeastern direction with Round Hill Road (State Route 803) to its intersection with N Pike (U.S. Highway Reute 50 W t ene` i an eastem dir-eetion with Net4hwesttem Pike (U.S. Highway Route 50 West Abrams Creek; thence in a southern direction with Abrams Creek for 130 feet to its intersection with the Winchester and Western Railroad, thence in a southeastern direction with the Winchester and Western Railroad to its intersection with Virginia Primary Route 37; thence in a southern direction with Virginia Primary Route 37 to its intersection with Cedar Creek Grade (State Route 622); thence in a western and southern direction with Cedar Creek Grade (State Route 622) to its intersection with Middle Road (State Route 628); thence in a southwestern direction with Middle Road (State Route 628) to its intersection with the Shenandoah County, Virginia line at Cedar Creek; thence in a western and northern direction with the Shenandoah County, Virginia line at Cedar Creek to its intersection with Fall Run; thence in a northwestern direction with Fall Run to its intersection with Mountain Falls Road (State Route 606); thence in a northern and eastern direction with Mountain Falls Road (State Route 606) to its intersection with Wardensville Grade (State Route 608); thence in a northeastern direction with Wardensville Grade (State Route 608) to its intersection with Back Mountain Road (State Route 600); thence in a northern and eastern direction with Back Mountain Road (State Route 600) to its intersection with South Hayfield Road (State Route 600); thence in a northeastern direction with Back Mountain Road (State Route 614) to its intersection with Northwestern Pike (U.S. Highway Route 50 West). Minute Book Number 36 Board of Supervisors Regular Meeting of 05/25/11 335 B. Gainesboro Magisterial District. (1) Albin Precinct. Beginning at the intersection of Glengary Road (State Route 681) and the West Virginia line at Berkeley County; thence in a southern direction with Glengary Road (State Route 681) to its intersection with Green Spring Road (State Route 671); thence in a western direction with Green Spring Road (State Route 671) to its intersection with Howard's Chapel Road (State Route 690); thence in a southern direction with Howard's Chapel Road (State Route 690) to its intersection with Three Creeks Road (State Route 681); thence in a southern direction with Three Creeks Road (State Route 681) to its intersection with of Brush Creek at which point the road becomes Hunting --- Ridge Road (State Route 681); thence in a southern direction with Hunting Ridge Road (State Route 681) to its intersection with Chestnut Grove Road (State Route 681); thence in southern direction with Chestnut Grove Road (State Route 68 1) to its intersection with North Frederick Pike (U.S. Highway Route 522 North); thence in an eastern direction with North Frederick Pike (U.S. Highway Route 522 North) to its ifAefseetion iN4th Old B e th e l G >, V l ll f Bethel Chur-eh Read (Sta4e RetAe 608) to its intefseefien with indian 14elle Road (S�e Ret3 e 6A ) tee} d i r -ee ti on w i t h r a Read (State Rou-Ma. 679), t.A- its intefseetion with Dieks Hollow Read-+&ate RetAe 608); then-ee- iti. -A seuthem dir-eetion with Dieks Hollow Read (Stawe RetAe 608) to its inter-seetion with NeFt-h;v- 14 -ay Re Pike (U.S. ighw tAe 50 West); thenee in an eastem dir-eetion with Nei4hwestefn pilEe (U.S. Highway RetAe 50 West) to its iffter-seetion with Retmd.Hifl Read (State Reu* ; thenee in a seu4heastem difeetion with Rotmd 1441 Read (State Route 803+40 its inter-seefien with Nefthwestem Pike (U.S. 14ighi"y Route 50 West); theftee eastem dir-eetion with Nefthwestem Pike (U.S. Highway Route 50 We to the eer-per-a4e lifn of the City of Wi ehest2r -; the nee ' a the `Gefp ei Ccc with Virginia Pr-imafy RetAe 37 to its inter-seetion with Nei4h Fr-edefiek Pike (U.S. Highway RetAe 5�2 m NeAh Freder-iek Pike (U.S. Highway Route 522 Nei4h) to its intersection with Apple Pie Ridge Road (State Route 739); thence in a northern and eastern direction with Apple Pie Ridge Road (State Route 739) to its intersection with the West Virginia line at Berkeley County; thence in a northwestern direction with the West Virginia line at Berkeley County to its intersection with Glengary Road (State Route 681). (2) Gainesborough Precinct. Beginning at the intersection of Bloomery Pike (Virginia Primary Route 127 West) with the West Virginia line at Hampshire County; thence in a western and northern direction with the West Virginia line at Hampshire County line to its intersection with the West Virginia line at Morgan County line; thence in a southeastern direction with the West Virginia line at Morgan County line to its intersection with the West Virginia line at Berkeley County; thence in a southeastern direction with the West Virginia line at Berkeley County to its intersection with Glengary Road (State Route 681); thence in a southern direction with Glengary Road (State Route 681) to its intersection with Green Spring Road (State Route 671); thence in a western direction with Green Spring Road (State Route 671) to its intersection with Howard's Chapel Road (State Route 690); thence in a southern direction with Howard's Chapel Road (State Route 690) to its intersection with Three Creeks Road (State Route 681); thence in a southern direction with Three Creeks Road (State Route 68 1) to its intersection -of Brush Creek at which point the road becomes Hunting Ridge Road (State Route 681); thence in a southern direction with Hunting Ridge Road (State Route 681) to its intersection with Chestnut Grove Road (State Route 681); thence in southern direction with Chestnut Grove Road (State Route 68 1) to its intersection with North Frederick Pike (U.S. Highway Route 522 North); thence in a northwestern direction with North Frederick Pike (U.S. Highway Route 522 North) to its intersection with Bloomery Pike (Virginia Primary Route 127 West); thence in a western direction with Bloomery Pike (Virginia Primary Route 127 West) to the West Virginia line at Hampshire County. Minute Book Number 36 Board of Supervisors Regular Meeting of 05/25/11 336 (3) Nain Preci Beginning at the eastern and so uthern intersection of _Gainesboro Road (State Route 684) and North Frederick P ike (U.S. Hig hway Route 522 North); thence in a southea direction with North Frederic Pike (U.S. Highway Route 522 North) to its int ersection with Virginia Primary Route 37, thence in a southwester direction with Virginia Primary Ro ute 37 to its intersection with Northweste Pike (U.S. Hi hwa Route 50 W est), thence in an eastern direction with Northwestern Pike (U_ .S Route 50 We st) to its intersection with the western co rporate limits of the GO of Winc hester, thence in a southern direction wit the west corporate limits of th City of Winchester to its intersection w ith Middle Road (Sta Route 628); thence in a southwestern direction wit Middle Roa (State Rou 628) to its intersection with Virginia Prima R oute 37. thence in a northern direction with Vir inia Primary Route 37 to its intersection with the Winchester and Western Railroad • thence in a western direction with the Winchester and Western Railroad to its intersection with Abrams Creek• thence in a northern direction with Abrams Cree f or 130 feet to its intersecti with Round Hill Road (State Route 803); thence in a western directio with Round Hill Road (State Route 8031 to its intersec with Northwe Pike (U.S. Highway Route 50 West); thence in a western direction with Northwestern Pike (U.S. Highway R oute 50 West ) to i ts intersect with North Hayfield Road (State Route 600); thence in a northe direction with North Hayfield Road (State Route 600) to its intersec with Gainesboro Road (State Route 684); t hence in an eas tern an so uthern direction with Gainesboro Road (State Route 684) to its inter section with North Frederick Pike (U.S. Highway Route 522 North). (4) Redland Precinct. Beginning at the intersection of Bloomery Pike (Virginia Primary Route 127 West) with the West Virginia line at Hampshire County; thence in an eastern direction with Bloomery Pike (Virginia Primary Route 127 West) to its intersection with North Frederick Pike (U.S. Highway Route 522 North); thence in a southeastern direction with North Frederick Pike (U.S. Highway Route 522 North) t - with Old B r at„ e R (State Route llV 1 7 thenee in a stem and sau4hefn dir-eetien with Old Bethel (State I, 7 (State RotAe 679) to its inter-seetion wi Dieks Hollow ead (State RotAe 1 thence in a southern dir-eetion with Dicks Hollow Read (St-ate .10. e 608) to its k4efseetion with NoAh estem Pike (U.S. Highw e Rou4e 50 West); thenee in a westem dir-eetion with Nofdwoester-n Pike (U.S. Highlivay Route 50 West) to its inter-seetion with Hollow Read (State RotAe 7 ,• a t T __ _ h r . t . ti, enee to its intersection with Gainesboro Road (State Route 684); thence in a weste and northe direction with Gainesboro Road (State Route 684) to its intersection with North Hayfield Road (State Route 600); thence in a souther direction wi th North Hayfield Road (State Route 600) to its intersection w ith Northwest Pike (U.S. Highway Route 50 West); thence in a wester direction w ith Northwestern Pike (U.S. Highway Route 50 West) to its se cond intersection with Gore Road (State Route 751); thence in a south and eastern direction with Gore Road (State Route 751) to its inters with Back Creek Road (State Route 704); thence in a southern direc with Back Creek Road (State Route 704) to its intersection with the We Virginia Sta line at Hampshire County; thence in a northern and ea ster n direction with the West Virginia line at Hampshire County to its intersection with Bloomery Pike (Virginia Primary Route 127). C. Opequon Magisterial District. (1) Canterburg Precinct. Beginning at the intersection of Fairfax Pike (Virginia Primary Route 277 East) with the Clarke County, Virginia line; thence in a western direction with Fairfax Pike (Virginia Primary Route 277 East) to its intersection with Warrior Drive (State Route 1141); thence in a northern direction with Warrior Drive (State Route 1141) to Westmoreland Drive (State Route 1054); thence in a western direction with Westmoreland Drive (State Minute Book Number 36 Board of Supervisors Regular Meeting of 05/25/11 337 Route 1054) to its intersection with Wythe Avenue (State Route 1058); thence in a northern direction with Wythe Avenue (State Route 1058) to its intersection with Rockbridge Road (State Route 1057); thence in a western direction with Rockbridge Road (State Route 1057) to its intersection with Caroline Avenue (State Route 1048); thence in a northwestern direction with Caroline Avenue (State Route 1048) to its intersection with Aylor Road (State Route 647); thence in a western and southern direction with Aylor Road (State Route 647) to its intersection with Double Church Road (State Route 641); thence in a southeastern direction with Double Church Road (State Route 641) to the Warren County, Virginia line; thence in an eastern and northern direction with the Warren County, Virginia line to the Clarke County, Virginia line; thence in a northeastern direction with the Clarke County, Virginia line to its intersection with Fairfax Pike (Virginia Primary Route 277 East). (2) Newtown Precinct. Beginning at Valley Pike (U Hig h w ay >? atAe 11 S with - t — iavrcrr Fi E9te lifnits o r the LTown - vr Stephens ° eer-p 1i Beginning at the intersection of U.S. Interstate Route 81 with the northern corporate limits of the Town of Stephens City; thence in a western, then southern, and then eastern direction with the corporate limits of the Town of Stephens City to its intersection with Valley Pike ( U.S. Route 11 South); thence in a northern direction with Valley Pike (U.S. Route 11 South) to its intersection with Stephens Run; thence in a eastern direction with Stephens Run to its intersection with U.S. Interstate Route 81; thence in a southern direction with U.S. Interstate Route 81 to its intersection with the Warren County, Virginia line; thence in an eastern direction with the Warren County, Virginia line to its intersection with Double Church Road (State Route 641); thence in a northwestern direction with Double Church Road (State Route � 641) to its intersection with Aylor R oad Road (State Route 647); —�-in -a noftt westem nieetio f e Do G - - (State R 6n 1) to U C interstate Bette -81 at the E6r-per -ate limits of the Town of Stephens City; thenee calen the nett eer- pefute liixrrcs of the Tevffi of Stephens City in a western dii•ee ien-to its int2r-seet w V Pike (U . S . H ah R e tA e 11 thence in a southern direction with Avlor Road to its intersection with Fairfax Pike (Virginia Primary Route 277 East); thence in a western direction with Fairfax Pike (Virginia Primary Route 277 East) to its intersection with U.S. Interstate 81; thence in a northern direction with U.S. Interstate 81 to its intersection with the northern corporate limits of the Town of Stephens City, (3) Stephens City Precinct. . Beginning at the intersection of Aylor Road (State Route 647) and Caroline Avenue (State Route 1048); thence in a northeastern direction with Aylor Road (State Route 647) to its intersection with Tasker Road (State Route 642); thence in an eastern direction with Tasker Road (State Route No. 642) to its intersection with White Oak Road (State Route 636); thence in a southern direction with White Oak Road (State Route 636) to its intersection with Fairfax Pike (Virginia Primary Route 277 East); thence in a western direction with Fairfax Pike (Virginia Primary Route 277 East) to its intersection with Warrior Drive (State Route 1141); thence in a northern direction with Warrior Drive (State Route 1141) to Westmoreland Drive (State Route 1054); thence in a western direction with Westmoreland Drive (State Route 1054) to its intersection with Wythe Avenue (State Route 1058); thence in a northern direction with Wythe Avenue (State Route 1058) to its intersection with Rockbridge Road (State Route 1057); thence in a western direction with Rockbridge Road (State Route 1057) to its intersection with Caroline Avenue (State Route 1048); thence in a northwestern direction with Caroline Avenue (State Route 1048) to its intersection with Aylor Road (State Route 647). D. Red Bud Magisterial District. (1) Ash Hollow Precinct. Beginning at the intersection of Berryville Pike (Virginia Primary Route 7 East) with U.S. Interstate Route 81 (the eastern corporate limits of the City of Winchester); thence in an eastern direction with Berryville Minute Book Number 36 Board of Supervisors Regular Meeting of 05/25/11 338 Pike (Virginia Primary Route 7 East) to its intersection with Valley Mill Road (State Route 659); thence in an eastern direction with Valley Mill Road (State Route 659) to its intersection with Greenwood Road (State Route 656); thence in a southern direction with Greenwood Road (State Route 656) to its intersection with Senseny Road (State Route 657); thence in a western direction with Senseny Road (State Route 657) to the intersection of U.S. Interstate Route 81 (the eastern corporate limits of the City of Winchester); thence in a northern direction with U.S. Interstate Route 81 (the eastern corporate limits of the City of Winchester) to its intersection with Berryville Pike (Virginia Primary Route 7 East). (2) Greenwood Precinct. Beginning at the intersection of Valley Mill Road (State Route 659) with Greenwood Road (State Route 656); thence in an eastern direction with Valley Mill Road (State Route 659) to its intersection with Berryville Pike (Virginia Primary Route 7 East); thence in a eastern direction with Berryville Pike (Virginia Primary Route 7 East) to its intersection with the Clarke County, Virginia line at Opequon Creek; thence in a southern direction with the Clarke County, Virginia line along Opequon Creek to its intersection with Sulphe> Sulphur Spring Road (State Route 655); thence in a western direction with Sulpher Sulphur Spring Road (State Route 655) to its intersection with Greenwood Road (State Route 656); thence in a northern direction with Greenwood Road (State Route 656) to its intersection with Valley Mill Road (State Route 659). (3) Millbrook Precinct. Beginning at the intersection of Berryville Pike (Virginia Primary Route 7 East) with U.S. Interstate Route 81 (the eastern corporate limits of the City of Winchester); thence in an eastern direction with Berryville Pike (Virginia Primary Route 7 East) to its intersection with Valley Mill Road (State Route 659); thence in a southern and western direction with Valley Mill Road (State Route 659) to its intersection with Berryville Pike (Virginia Primary Route 7 East) and U.S. Interstate Route 81 (the eastern corporate limits of the City of Winchester). E. Shawnee Magisterial District. (1) Carpers Valley Precinct. Beginning at the intersection of Senseny Road (State Route 657) with U.S. Interstate Route 81 (the eastern corporate limits of the City of Winchester); thence in an eastern direction with Senseny Road (State Route 657) to its intersection with Greenwood Road (State Route 656); thence in a southern direction with Greenwood Road (State Route 656) to its intersection with Su1pke-r--- _ ulphur Spring Road (State Route 655); thence in an eastern direction with Sulpher- Sulphur Spring Road (State Route 655) to the Clarke County, Virginia line; thence in a southern direction along the Clarke County, Virginia line to its intersection with Millwood Pike (U.S. Highway Route 50 East) at Opequon Creek; thence in a northwestern direction with Millwood Pike (U.S. Highway Route 50 East) to its intersection with Airport Road (State Route 645); thence in a northern and western direction with Airport Road (State Route 645) to its intersection with Front Roya " "L° (U.S. Highway Route 522 Victory Road (State Route 728); thence in a southern direction with Victory Road (State Route 728) to its inte rsection with Airport Road (State Route 645); thence in a western directi with Airport Road (State Route 645) to its intersection with Front Roy Pike (U.S. Hikhway Route 522 South) thence in a northern direction with Front Royal Pike (U.S. Highway Route 522 South) to its intersection with Millwood Pike (U.S. Highway Route 50 East); thence in a western direction with Millwood Pike (U.S. Highway Route 50 East) to its intersection with U.S. Interstate Route 81 (the eastern corporate limits of the City of Winchester); thence in a northern direction with U.S. Interstate Route 81 to its intersection with Senseny Road (State Route 657) (the eastern corporate limits of the City of Winchester). (2) Shenandoah Precinct. Beginning at the intersection of Millwood Pike (U.S. Highway Route 50 East) with U. S. Interstate Route 81 (the eastern corporate limits of the City of Winchester); thence in a southern direction with U.S. Interstate Route 81 to its intersection with Hoge Run; thence in an eastern direction with Hoge Run to its intersection with Opequon Creek; thence in an Minute Book Number 36 Board of Supervisors Regular Meeting of 05/25/11 339 eastern direction with Opequon Creek to its intersection with Front Royal Pike (U.S. Highway Route 522 South); thence in a southeastern direction with Front Royal Pike (U.S. Highway Route 522 South) to its intersection with Macedonia Church Road (State Route 756); thence in a southern and western direction with Macedonia Church Road (State Route 756) to its second intersection with White Oak Road (State Route 636); thence in a southern direction with White Oak Road (State Route 636) to its intersection with Fairfax Pike (Virginia Primary Route 277 East); thence in an eastern direction with Fairfax Pike (Virginia Primary Route 277 East) to the Clarke County, Virginia line; thence in a northern direction along the Clarke County, Virginia line to its intersection with Millwood Pike (U.S. Highway Route 50 East); thence in a northern direction with Millwood Pike (U.S. Highway Route 50 East) to its intersection with Airport Road (State Route 645); thence in a northern and western direction with Airport Road (State Route 645) to its intersection with Foment R Pike (Ur c Highway Rou Victory Road (State Route 728); ITil!.4, v. 'P�CVLT +° 522 c + thence in a southern direction with Victory Road (State Route 728) to its intersection with Airport Road (State Route 645); thence in a western direction with Airport Road (State Route 645) to its intersection with Front Royal Pike (U.S. Highway Route 522 South) thence in a northern direction with Front Royal Pike (U.S. Highway Route 522 South) to its intersection with Millwood Pike (U.S. Highway Route 50 East); thence in a western direction with Millwood Pike (U.S. Highway Route 50 East) to its intersection with U.S. Interstate Route 81 (the eastern corporate limits of the City of Winchester). (3) Parkin's Mill Precinct. Beginning at t h e n+° +: °°°n o f ,.T,...�,�__, P •, (U.S. Highway Retile 50 West) and the westem ear-per-a4e limits of the Git� of v v r vi r Creek Beginning at the intersection of U.S. Interstate Route 81 to its intersection with Hoge Run: thence in an eastern direction with Hoge Run to its intersection with Opequon Creek; thence in an eastern direction with Opequon Creek to its intersection with Front Royal Pike (U.S. Highway Route 522 South); thenee with Fr-ew Royal Pike (U.S. Higl+way RetAe 522 Set4h) in Read (State RetAe 756) to its iwer-seefien with NVhite Oak Read (State RetAe 636); thenee in a setAher-n dir-eefien with White Oak Read (State RetAe 636) to its inter-seetion with Tasker- Read (State Rettte 642); thenee in a westefin. dir-eetion with Tasker- Read (Stme Route 642) te its inter-seetion with Aylef Road (State RetAe 64 7); thence in a southwestern direction with Front Royal Pike (U.S. Highway Route 522 South) for approximately 1,200 feet to its intersection with an unnamed tributary; thence in a western direction with the unnamed tributary for approximately 4,000 feet to its intersection with Lakeside Drive (State Route 1037); thence in a western direction with Lakeside Drive to its intersection with Tasker Road (State Route 642); thence in a southeastern direction with Tasker to its intersection with Avlor Road (State Route 647) t he nee in ° neft i.._ °s+° ai- ' ° °+i° U ° into -state eefpefate lifnits of the T-&�N% of Stephens City; thenee in a western dir-eetion with the eer-per-ate limits of the Town of Stephens City to its inter-seefien with Valley Pike (U.S. Highway Route 11 � ...,r«r ; thenee in a nefthem dir-eetion with Valley Pike (U.S. Highway Route 11 South) to its n w.+� aagur Route 7j GIIGiIGe 11T'LTTIoiL2T AT.,,.+ rrvrthwestem Pike (US —Pig ay Route- – West); thenc tem dir-eefien with NeAhwestem Pike (U.S. Highway Reiite 50 West) to the v te eefpera4e limits -of the City of Wineheste- thence in a southern direction with Avlor Road to its intersection with Fairfax Pike (Virginia Primary Route 277 East); thence in a western direction with Fairfax Pike (Virginia Primary Route 277 East) to its intersection with U.S. Interstate 81 thence in a northeastern direction with U.S. Interstate Route 81 to its intersection with Hoge Run. (4) Armel Precinct. Beginning at the intersection of Front Royal Pike (U.S Highway Route 522 South) with Macedonia Church Road (State Route 756); Minute Book Number 36 Board of Supervisors Regular Meeting of 05/25/11 340 thence in a northern direction with Front Roval Pike ( U.S. Highway R oute 522 South) for approximately 3,200 feet to its intersec wi th an unnamed tributa thence in a western direction with the u nnamed tributary for app 4,000 feet to its intersection with Lakesi Drive (State Rou 1037 )• thence in a western direction with Lakeside Drive to its intersection with Tasker Road (State Route 642); thence in a south direction with Tasker R oad (State Route 642) to its intersection with White Oak Road (State Route 6 36), thence in a northern direction with Wh ite Oak Road (State Route 63 6) to its first intersection with Macedonia Churc Road (State Route 1037 )• thence in a eastern and then northern direction with Macedonia Chur Road (State Route 1037) to its intersection w ith Front Royal Pike (U.S. highway Route 522 South). F. Stonewall Magisterial District. (1) Clear Brook Precinct. Beginning at the intersection of U.S. Interstate Route 81 with the West Virginia line at Berkeley County; thence in a southeastern direction with the West Virginia line at Berkeley County to its intersection with the Clarke County, Virginia line at the Opequon Creek; thence in a southern direction with the Clarke County, Virginia line along the Opequon Creek to its intersection with Jordan Springs Road (State Route 664); thence in a northern and western direction with Jordan Springs Road (State Route 664) to its intersection with Old Charles Town Road (State Route 761); thence in a western direction with Old Charles Town Road (State Route 761) to its intersection with Martinsburg Pike (U.S. Highway Route 11 North); thence in a southwestern direction with Martinsburg Pike (U.S. Highway Route 11 North) to its intersection with Ebert Road (State Route 837); thence in a western direction with Ebert Road (State Route 837) to its intersection with U.S. Interstate Route 81; thence in a northern direction with U.S. Interstate Route 81 to its intersection with the West Virginia line at Berkeley County. (2) Neff s Town Precinct. Beginning at the intersection of the Clarke County, Virginia line along the Opequon Creek with Jordan Springs Road (State Route 664); thence in a northern and western direction with Jordan Springs Road (State Route 664) to its intersection with Old Charles Town Road (State Route 761); thence in a western direction with Old Charles Town Road (State Route 761) to its intersection with Martinsburg Pike (U.S. Highway Route 11 North); thence in a southwestern direction with Martinsburg Pike (U.S. Highway Route 11 North) to its intersection with Ebert Road (State Route 837); thence in a western direction with Ebert Road (State Route 837) to its intersection with U.S. Interstate Route 81; thence in a southern direction with U.S. Interstate Route 81 to its intersection with Martinsburg Pike (U.S. Highway Route 11 North); thence in a southern direction with Martinsburg Pike (U.S. Highway Route 11 North) to the corporate limits of the City of Winchester; thence in an eastern direction along the corporate limits of the City of Winchester to its intersection with Berryville Pike (Virginia Primary Route 7 East); thence in an eastern direction with Berryville Pike (Virginia Primary Route 7 East) to the Clarke County, Virginia line at Opequon Creek; thence in a northern direction along the Clarke County, Virginia line at Opequon Creek to its intersection with Jordan Springs Road (State Route 664). (3) White Hall Precinct. Beginning at the intersection of Apple Pie Ridge Road (State Route 739) with the West Virginia line at Berkeley County; thence in a southeastern direction with the West Virginia line at Berkeley County to its intersection with U.S. Interstate Route 81; thence in a southern direction with U.S. Interstate Route 81 to its intersection with Martinsburg Pike (U.S. Highway Route 11 North); thence in a southwestern direction with Martinsburg Pike (U.S. Highway Route 11 North) to its intersection with the corporate limits of the City of Winchester; thence in a western and southern direction with the corporate limits of the City of Winchester to its intersection with Virginia Primary Route 37; thence in a northeastern direction with Virginia Primary Route 37 to its intersection with North Frederick Pike (U.S. Highway Route 522 North); thence in a northwestern direction with North Frederick Pike (U.S. Highway Route 522 North) to its intersection with Apple Pie Ridge Road (State Route 739); thence in a northern and eastern direction Minute Book Number 36 Board of Supervisors Regular Meeting of 05/25/11 341 with Apple Pie Ridge Road (State Route 739) to its intersection with the West Virginia line at Berkeley County. §7 -9. Changes in precinct or polling places. The Secretary of the Electoral Board shall notify by mail, no later than 15 days prior to the next general, special or primary election, all registered voters whose precinct or polling place has been changed by the provisions of this article. THIS AREA LEFT BLANK INTENTIONALLY Minute Book Number 36 Board of Supervisors Regular Meeting of 05/25/11 0 Magisterial Districts Back Creek Source: Data ob n from 2010 census counts provided by the U 't States Censuz Bureau. Populati ounts denved from census block Minute Book Number 36 Board of Supervisors Regular Meeting of 05/25/11 Frederick County, 2011 Magisterial Distri City of Winchester RedB —Shawnee pequon Shenandoah County, VA �e f v o m t; 0 1.5 3 6 r I I l —I I i . Frederick County Dept. of Information Technologies, GIS Division May 11 gisterfal istricts 2010 Census Population G i e"o- 12,873 B k Creek 13,120 O quon 12,753 R Bud 12,809 S a nee 13,649 St ewall 13,101 Back Creek Source: Data ob n from 2010 census counts provided by the U 't States Censuz Bureau. Populati ounts denved from census block Minute Book Number 36 Board of Supervisors Regular Meeting of 05/25/11 Frederick County, 2011 Magisterial Distri City of Winchester RedB —Shawnee pequon Shenandoah County, VA �e f v o m t; 0 1.5 3 6 r I I l —I I i . Frederick County Dept. of Information Technologies, GIS Division May 11 343 This amendment shall be in effect on the day of adoption. Supervisor Collins asked if some of the Department of Justice's concerns regarding congressional district lines, etc. affect the county. Director Lawrence responded that staff drew the magisterial district lines and the Voter Registrar was in communication with the state to get the boundaries to change. Supervisor Fisher asked if the county would get caught in a position where we could not change the boundaries if a change needed to occur. Voter Registrar Rick Miller responded that was an unknown, but he would hope we could make a change if necessary. Supervisor Lofton commended the Voter Registrar and Planning Department for doing a fine job reallocating the citizens within the various precincts. Voter Registrar Miller added that GIS staff should be included in that group as well, because they did a lot of work on this project. There being no further discussion, 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 VACATION OF ROAD RIGHT -OF -WAY — APPLE BANKS NORTH SUBDIVISION — APPROVED UNDER CONSENT AGENDA This was a request for the Board of Supervisors to vacate a road right -of -way containing 2.894 acres, more or less, within the Apple Banks North Subdivision. This item was approved under the consent agenda. BOARD LIAISON REPORTS There were no board liaison reports. CITIZEN COMMENTS There were no citizen comments. BOARD OF SUPERVISORS COMMENTS Supervisor Fisher noted that earlier in the meeting, he voted no on one of the Finance Committee report items. He noted this particular item was part of a larger issue that needed to be looked at, which was public roads in the rural areas. He noted this was a burden on the taxpayers Minute Book Number 36 Board of Supervisors Regular Meeting of 05/25/11 344 long -term because a developer's shortfall in cash could cost the tax payers. He went on to say there were issues dealing with HOAs. He advised that it was time to start looking at the privatization of roads in the rural areas. He felt this issue merited further study. Supervisor Lofton thought Supervisor Fisher raised a valid point. He went on to say he would like to see what controls we have if the roads go private because it could come back and be a real burden to the county. He went on to say the issue of defunct and non - performing HOAs went along with the private road issue. He stated he would like to see some discussion regarding HOAs. He was not interested in control mechanisms, but rather the county's ability to respond to non - performing HOAs. Supervisor DeHaven stated we've had discussion in the past. The defunct HOA issue trends on a civil issue. He went on to say he had no objection to a healthy discussion. Supervisor Collins agreed. He stated his district has several defunct HOAs. He went on to say that with regard to HOAs the county has not control over them. Supervisor Dove stated he brought this issue up. seven years ago. He went on to say he tried to get most of the board to agree with private streets versus state maintained streets within subdivisions. He concluded by saying he would support looking at this issue again. Vice - Chairman Ewing stated that a healthy discussion of this issue would be good. Administrator Riley suggested the Public Works Committee define the issues and bring it back to the Board for further discussion. Chairman Shickle asked the chairman of the Public Works Committee to consider these two topics: private roads and non - performing HOAs. Chairman Shickle reminded everyone of the Service Learning students' presentations tomorrow evening beginning at 6:00 p.m. ADJOURN UPON A MOTION BY VICE - CHAIRMAN EWING, SECONDED BY SUPERVISOR DOVE, THERE BEING NO FURTHER BUSINESS TO COME BEFORE THIS BOARD, THIS MEETING IS HEREBY ADJOURNED. (8:10 P.M.) Minute Book Number 36 Board of Supervisors Regular Meeting of 05/25/11 345 Richard C. Shickle o R. iley, Jr. Chairman, Board of Supervisors Clerk, Board of Supervisors Minutes Prepared By: LL4 C ` Jay E. T bs Deputy Clerk, Board of Supervisors Minute Book Number 36 Board of Supervisors Regular Meeting of 05/25/11