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HomeMy WebLinkAboutAugust 10 2011 Regular Meeting Minutes02 A Regular Meeting of the Frederick County Board of Supervisors was held on Wednesday, August 10, 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.; Gene E. Fisher; and Gary A. Lofton. CALL TO ORDER Chairman Shickle called the meeting to order. INVOCATION Reverend Daniel Hesse, Harvesters of Hope, delivered the invocation. PLEDGE OF ALLEGIANCE Vice - Chairman Ewing led the Pledge of Allegiance. ADOPTION OF AGENDA — APPROVED AS AMENDED County Administrator John R. Riley, Jr. advised he had one addition to the agenda. He added a request for a pump and haul permit for 220 Lucas Lane, Gore, VA as item 4 under Planning Commission business. Upon a motion by Supervisor DeHaven, seconded by Supervisor Lofton, the Board approved the agenda as amended. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Bill M. Ewing Aye Christopher E. Collins Aye Charles S. DeHaven, Jr. Aye Gene E. Fisher Aye Gary A. Lofton Aye Gainesboro District Vacant CONSENT AGENDA - APPROVED Administrator Riley offered the following items for the Board's consideration under the consent agenda: - Resolution of Appreciation for Gary W. Dove — Tab B; and - Public Works Committee — Tab G. Upon a motion by Supervisor Lofton, seconded by Supervisor Fisher, the Board approved the consent agenda by the following recorded vote: Richard C. Shickle Aye Bill M. Ewing Aye Minute Book Number 37 Board of Supervisors Regular Meeting of 08/10/11 023 Christopher E. Collins Aye Charles S. DeHaven, Jr. Aye Gene E. Fisher Aye Gary A. Lofton Aye Gainesboro District Vacant CITIZEN COMMENTS There were no citizen comments. BOARD OF SUPERVISORS COMMENTS There were no Board of Supervisors' comments. MINUTES - APPROVED Upon a motion by Supervisor DeHaven, seconded by Vice - Chairman Ewing, the Board approved the minutes from the July 27, 2011 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 Gene E. Fisher Aye Gary A. Lofton Aye Gainesboro District Vacant COUNTY OFFICIALS APPOINTMENT OF GAINESBORO MAGISTERIAL DISTRICT SEAT — ROSS P. SPICER APPOINTED Upon a motion by Supervisor Lofton, seconded by Supervisor DeHaven, the Board nominated Ross P. Spicer to fill the unexpired term of Gary W. Dove as Gainesboro Magisterial District Supervisor. Upon a motion by Supervisor Lofton, seconded by Vice - Chairman Ewing, the Board closed the nominations. 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 Gene E. Fisher Aye Gary A. Lofton Aye Gainesboro District Vacant Ross P. Spicer was appointed Gainesboro Magisterial District Supervisor by the following recorded vote: Richard C. Shickle Aye Bill M. Ewing Aye Christopher E. Collins Aye Minute Book Number 37 Board of Supervisors Regular Meeting of 08/10/11 024 Charles S. DeHaven, Jr. Aye Gene E. Fisher Aye Gary A. Lofton Aye Gainesboro District Vacant RESOLUTION 0009 -11) OF APPRECIATION FOR GARY W. DOVE — APPROVED UNDER CONSENT AGENDA RESOLUTION OF APPRECIATION SUPERVISOR GARY W. DOVE, GAINESBORO DISTRICT, FREDERICK COUNTY, VIRGINIA WHEREAS, Gary W. Dove served the citizens of Frederick County, Virginia, for over seven (7) years as Gainesboro District representative to the Board of Supervisors; and WHEREAS, during his tenure he held seats on numerous committees, including that of member and chairman of the Code and Ordinance Committee, Public Works Committee, and Public Safety Committee, Planning Commission Liaison (2005); Industrial Development Authority Liaison (January 2004 -July 2011); Economic Development Commission Liaison (January 2004 -July 2007); Fire & Rescue Association Liaison (January 2005- December 2008); Air Quality Task Force (January 2006 -July 2011); Landfill Oversight Committee (January 2006 - July 2011); and Shen -Air (January 2008 -July 2011); and WHEREAS, Supervisor Dove was a tireless worker for not only the constituents in his district, but for all of the citizens of Frederick County; and WHEREAS, this Board will always consider Supervisor Dove a colleague and friend. NOW, THEREFORE BE IT RESOLVED, that the Frederick County Board of Supervisors extends its sincerest thanks to Supervisor Gary W. Dove and wishes him all of the best in his future endeavors. BE IT FURTHER RESOLVED, that this resolution be spread across the minutes of the Frederick County Board of Supervisors for all citizens to reflect upon the accomplishments of this citizen legislator. ADOPTED this l O day of August, 2011. EMPLOYEE OF THE MONTH AWARD FOR AUGUST, 2011 — (RESOLUTION #010 -11) - APPROVED CRAIG A. ROBINSON Upon a motion by Supervisor DeHaven, seconded by Supervisor Lofton, the Board approved Craig A. Robinson as Employee of the Month for August 2011. EMPLOYEE OF THE MONTH RESOLUTION AWARDED TO: CRAIG A. ROBINSON WHEREAS, the Frederick County Board of Supervisors recognizes that the County's employees are a most important resource; and, WHEREAS, on September 9, 1992, the Board of Supervisors approved a resolution which established the Employee of the Month award and candidates for this award may be nominated by any County employee; and, WHEREAS, the Board of Supervisors selects one employee from those nominated, based on the merits of outstanding performance and productivity, positive job attitude and other noteworthy contributions to their department and to the County; and, WHEREAS, Craig A. Robinson, who serves as a Sergeant with the Northwestern Minute Book Number 37 Board of Supervisors Regular Meeting of 08/10/11 025 Regional Adult Detention Center was nominated for Employee of the Month; and, WHEREAS, Craig A. Robinson, the Community Inmate Workforce Supervisor at the Regional Jail, instituted the Jail's first Inmate Farm Program in May, then additionally directed a month -long major facility improvement project at the NREP building for the Division of Court Services relocation that was done in June. In all, Sergeant Robinson's contributions in reducing costs and providing a better work environment for County is deserving of special recognition NOW, THEREFORE BE IT RESOLVED, by the Frederick County Board of Supervisors this 10 day of August, 2011, that Craig A. Robinson is hereby recognized as the Frederick County Employee of the Month for August 2011; and, BE IT FURTHER RESOLVED, that the Board of Supervisors extends gratitude to Craig A. Robinson for his outstanding performance and dedicated service and wishes him continued success in future endeavors; and, BE IT FURTHER RESOLVED, that Craig A. Robinson is hereby entitled to all of the rights and privileges associated with this award. 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 Gene E. Fisher Aye Gary A. Lofton Aye Gainesboro District Vacant COMMITTEE APPOINTMENTS _ APPOINTMENT OF GARY A. LOFTON AS BOARD OF SUPERVISORS' LIAISON TO THE FREDERICK COUNTY INDUSTRIAL DEVELOPMENT AUTHORITY AND THE WINCHESTER - FREDERICK COUNTY ECONOMIC DEVELOPMENT COMMISSION - APPROVED Administrator Riley inquired if Mr. Spicer would assume former supervisor Gary Dove's committee assignments. Chairman Shickle responded that he would review the assignments. Administrator Riley asked about filling the board liaison to the Frederick County Industrial Development Authority and the Winchester- Frederick Economic Development Commission. Supervisor Lofton agreed to serve as the liaison to both organizations. Chairman Shickle announced that Supervisor Lofton would serve as the liaison. REQUEST FROM FREDERICK COUNTY SCHOOLS TO SCHEDULE PUBLIC HEARING DATE FOR FALL 2011 VIRGINIA PUBLIC SCHOOL AUTHORITY (VPSA) AND QUALIFIED SCHOOL CONSTRUCTION (QSC) BOND SALE — APPROVED PUBLIC HEARING Administrator Riley advised the school board requested a public hearing be held on September 14, 2011 for two bond issues; the proceeds of which will be used for the construction of the new transportation facility. The public hearing will encompass: Minute Book Number 37 Board of Supervisors Regular Meeting of 08/10/11 0261 - Virginia Public School Authority (VPSA) school bonds for $8,785,000, a traditional tax - exempt bond sale; and - Qualified School Construction Bonds for $7,000,000, which are non - traditional taxable bonds provided through the America Recovery and Reinvestment Act of 2009 with a zero or near zero interest cost, 14 to 16 year maturity, and the interest payment is offset by sinking fund interest earnings and federal subsidy. Upon a motion by Vice - Chairman Ewing, seconded by Supervisor Fisher, the Board scheduled the public hearing for September 14, 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 Gene E. Fisher Aye Gary A. Lofton Aye Gainesboro District Vacant REQUEST TO SCHEDULE WORK SESSION RE: FIRE STATION POLICY AND REGIONAL WATER SUPPLY PLAN — APPROVED WORK SESSION FOR AUGUST 30, 2011 Administrator Riley advised the Board there were two items pending, which required a joint work session with the Board and some of its standing committees, in particular the Public Works and Public Safety Committees. The first issue was the development of policy regarding the construction or county owned fire stations and the construction/reconstruction of volunteer owned fire stations. The second item was the Regional Water Supply Plan and proposed drought ordinance. He went on to say staff was seeking a date for a noon work session to discuss these two matters. The Board selected Tuesday, August 30, 2011 at noon as the date and time for the work session. COMMITTEE REPORTS PUBLIC WORKS COMMITTEE REPORT — APPROVED UNDER CONSENT AGENDA A meeting of the Public Works Committee was held on Tuesday, July 26, 2011, at 8:00 a.m. All members were present except Bob Wells and Chris Collins. The following items were discussed: ** *Items Requiring Action * ** 1. Regional Water Supply Plan and Proposed Drought Ordinance NSVRC Natural Resources Program Manager, Ms. Jill Keihn, presented the regional water supply plan for the Northern Shenandoah Valley with an emphasis on the impacts to Frederick County. An executive summary of her presentation is attached. In addition to the regional water supply plan, Candice Perkins, Department of Planning and Development, presented a brief overview of a proposed drought ordinance which is required as a part of the Minute Book Number 37 Board of Supervisors Regular Meeting of 08/10/11 027 local and regional water supply planning. A copy of the draft ordinance is attached. At the conclusion of the presentations and subsequent discussions, the committee recommended that the regional water supply plan and draft ordinance be submitted to the Frederick County Sanitation Authority for their review and approval prior to submittal to the Board of Supervisors. In the interim, it was recommended that a work session be scheduled with the board to discuss the contents and impacts of both documents prior to scheduling a public hearing. (Attachment 1 and 2) ** *Items Not Requiring Action * ** 1. Discussion of Rural Road Requirements In May 2011, the Board of Supervisors requested that the Public Works Committee evaluate the existing standards applicable to rural subdivision roads. Acting on this request, the Public Works staff, in conjunction with staff from Planning and Development, prepared a brief overview of the current requirements which included a PowerPoint presentation of examples of rural roads that have been built to current standards, as well as past practices. The latter varied from "dirt" roads to asphalt pavement of varying widths. These presentations were intended to generate discussion which could eventually lead to recommendations regarding how rural roads will be addressed in the future. This topic will be placed on the next Public Works agenda to general additional discussion and ideas. As food for thought, staff provided copies of the current ordinance related to minor and major rural road requirements, as well as ideas related to how to address rural roads in the future. Copies of these documents are included as Attachment 3. 2. Miscellaneous Reports a) Tonnage Report (Attachment 4) b) Recycling Report (Attachment 5) c) Animal Shelter Dog Report (Attachment 6) d) Animal Shelter Cat Report (Attachment 7) TRANSPORTATION COMMITTEE REPORT - APPROVED The Transportation Committee met on July 25, 2011 at 8:30 a.m. Members Present Chuck DeHaven (voting) James Racey (voting) Chris Collins (voting) Bryon Grigsby (voting) Gary Oates (liaison PC) Lewis Boyer (liaison Stephens City) Members Absent Mark Davis (liaison Middletown) George Kriz (liaison PC) ** *Items Requiring Action * ** 4. Tiger Grants Staff notified the Committee that there is another round of Tiger Grants available for transportation. These are highly competitive federal funds which have led to large awards in the successful localities. We notified the MPO of this opportunity and also make the following recommendations. 1. Make application through the MPO (due to regional applications being scored higher) for the following projects: a. Route 37 with segments being prioritized to allow for potential awards for segments if we are not successful with something larger, Minute Book Number 37 Board of Supervisors Regular Meeting of 08 /10 /11 ) I 00 b. Russell 150 improvements, specifically the bridge and connections to Tevis Street and Route 522. 2. That, due to the rigorous and highly competitive nature of this particular application, a consultant be procured to aid in the application process. The Committee was supportive of these recommendations. Staff would further note that it would be worthwhile to encourage the MPO to expedite this process, particularly getting the consultant on board as soon as possible. Upon a motion by Supervisor DeHaven, seconded by Supervisor Collins, the Board adopted the Committee recommendation. 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 Gene E. Fisher Aye Gary A. Lofton Aye Gainesboro District Vacant ** *Items Not Requiring Action * ** 1. Back Mountain Road Speed Concerns Staff advised the Committee that VDOT has been fielding complaints regarding unsafe driving and high speeds on Back Mountain Road. The Committee has authorized staff to coordinate with VDOT on the issue and potentially return to request a speed study that could result in a speed limit reduction on that roadway. 2. Route 277 Improvements Resolution The Board was updated and acted on this item on July 27, 2011. 3. MPO Long Range Plan Update Staff presented the draft Vision Plan project list to the Committee and requested that they review the material and provide feedback. To date, no feedback has been received and the Board will be kept updated as to what is received. This item will be returning as it continues to be modified. 5. Other PUBLIC HEARING P UBLIC HEARING OUTDOOR FESTIVAL PERMIT REQUEST OF CONCERN] — 12 ANNUAL FRIDAY FISH FRY. PURSUANT TO THE FREDERICK COUNTY CODE CHAPTER 86 FESTIVALS• SECTION 86- 3 PERMIT RE UIRED• APPLICATION• ISSUANCE OR DENIAL• FOR AN OUTDOOR FESTIVAL PERMIT. FESTIVAL TO BE HELD FRIDAY SEPTEMBER 2 2011 FROM 4:00 P.M. TO 9:00 P.M. ON THE GROUNDS OF GROVE'S WINCHESTER HARLEY DAVIDSON 140 INDEPENDENCE DRIVE WINCHESTER VIRGINIA. PROPERTY OWNED BY BARBARA GROVE. - APPROVE Administrator Riley advised this was an application for an Outdoor Festival Permit Minute Book Number 37 Board of Supervisors Regular Meeting of 08/10/11 request of Concern Hotline for the 12 Annual Fish Fry. The event will be held on Friday, September 2, 2011 from 4:00 -9:00 p.m. at Grove's Winchester Harley Davidson. Chairman Shickle convened the public hearing. There were no public comments. Chairman Shickle closed the public hearing. Upon a motion by Supervisor Fisher, seconded by Supervisor Collins, the Board approved the Outdoor Festival Permit for Concern Hotline — 12 Annual Fish Fry. 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 Gene E. Fisher Aye Gary A. Lofton Aye Gainesboro District Vacant PLANNING COMMISSION BUSINESS CONDITIONAL USE PERMIT 006 -11 OF HORTON'S NURSERY FOR A RETAIL NURSERY. THE PROPERTIES ARE LOCATED AT 2731 FRONT ROYAL_ PIKE _(ROUTE 522 S), AND ARE IDENTIFIED WITH PROPERTY IDENTIFICATION NUMBERS 76 -A -61, 76 -A -62, 76 -A -63, 76 -A -64, AND 76 -A -65 IN THE SHAWNEE MAGISTERIAL DISTRICT. (PUBLIC HEARING HELD JULY 27, 2011 BOARD MEETING) - APPROVED Zoning Administrator Mark Cheran appeared before the Board regarding this item. He advised this was a request for a conditional use permit to expand an existing nursery. The Planning Commission recommended approval on July 6, 2011. The Board of Supervisors previously conducted a public hearing on this application, but postponed action to allow the applicant to address outdoor storage and site development issues. He went on to say all site improvements are to be in place by May 1, 2012. He concluded by saying staff recommended approval with the following conditions: 1. All review agency comments and requirements shall be complied with at all times. 2. In lieu of an engineered site plan, the applicant shall implement the site improvements as noted with the signed property owner statement dated August 2, 2011. As noted in the statement, the improvements shall be in place by May 1, 2012. 3. One non - illuminated, freestanding business sign shall be allowed on the property; the sign shall be limited to 25 square -feet in area. The sign shall not exceed ten (10) feet in height. 4. Any storage of heavy equipment shall take place within an enclosed structure. 5. Approval of this CUP will void CUP #06 -06. 6. Any expansion or change of use will require a new Conditional Use Permit. Minute Book Number 37 Board of Supervisors Regular Meeting of 08/10/11 Supervisor Lofton asked for a definition of heavy equipment. Zoning Administrator Cheran responded the applicant had a few backhoes and front -end loaders. Upon a motion by Supervisor Fisher, seconded by Supervisor Lofton, the Board approved Conditional Use Permit #06 -11 with the conditions listed. 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 Gene E. Fisher Aye Gary A. Lofton Aye Gainesboro District Vacant DISCUSSION OF PROPOSED ORDINANCE AMENDMENT — LOT SIZES AND SETBACK REQUIREMENTS FOR PUBLIC UTILIT (RESO LUTION #011- 11 ) — APPROVED TO FORWARD TO PUBLIC HEARING Senior Planner Candice Perkins appeared before the Board regarding this item. She advised this proposed amendment would allow the zoning administrator to authorize the creation of lots smaller than the current zoning district requirements for lots utilized for the sole purpose of public utilities; the amendment also allows for the elimination of the on -site sewage disposal requirement and reduces the access easement width requirement. The Development Review and Regulations Committee endorsed the proposed amendment and the Planning Commission recommended that it be forwarded to the Board for review. Staff is seeking direction from the Board of Supervisors regarding whether or not to send this item forward for public hearing. Supervisor Lofton asked if 15 feet was an adequate sized easement. Senior Planner Perkins responded that the Development Review and Regulations Committee felt 15 feet was adequate. She noted that it had originally started at 20 feet. Supervisor Lorton noted the word "for" should be inserted in §165- 204.26 A (1) "...lots used for public utility purposes." Upon a motion by Supervisor DeHaven, seconded by Supervisor Lofton, the approved the resolution directing the Planning Commission to hold a public hearing regardil Chapter 165, Zoning and Chapter 144, Subdivision of Land; Chapter 165, Zoning, Article II Supplementary Use Regulations, Parking, Buffers and Regulations for Specific Uses, Part 204 Additional Regulations for Specific Uses, 165- 204.26 — Public Utilities; Article IV - Agricultural and Residential Districts, Part 401 — RA Rural Areas District, 165- 401.05 Minute Book Number 37 Board of Supervisors Regular Meeting of 08/10/11 031 Minimum Lot Size; Chapter 144, Subdivision of Land, Article V — Design Standards, 144 -24.0 — Lot Access. WHEREAS, the Frederick County Planning Department has been directed to prepare modifications to Chapter 165, Zoning and Chapter 144, Subdivision of Land to enable the Zoning Administrator to establish the minimum lot size and setbacks for public utilities. WHEREAS, The Development Review and Regulations Committee (DRRC) recommended approval of this amendment on July 28, 2011; and WHEREAS, the Planning Commission discussed the draft ordinance on August 3, 2011 and recommended that a public hearing be held; and WHEREAS, the Frederick County Board of Supervisors finds that in the public necessity, convenience, general welfare, and good zoning practice, directs the Frederick County Planning Commission hold a public hearing regarding amendments to Chapter 165, Zoning and Chapter 144, Subdivision of Land to enable the Zoning Administrator to establish the minimum lot size and setbacks for public utilities. NOW, THEREFORE, BE IT REQUESTED by the Frederick County Board of Supervisors that the Frederick County Planning Commission shall hold a public hearing to consider revisions to Chapter 165 Zoning, Article II — Supplementary Use Regulations, Parking, Buffers and Regulations for Specific Uses, Part 204, Additional Regulations for Specific Uses, 165- 204.26 — Public Utilities; Article IV — Agricultural and Residential Districts, Part 401 — RA Rural Areas District, 165- 401.05 — Minimum Lot Size; Chapter 144, Subdivision of Land, Article V — Design Standards, 144 -24.0 — Lot Access, to enable the Zoning Administrator to establish the minimum lot size and setbacks for public utilities. Passed this 10 day of August, 2011 by the following recorded vote: Richard C. Shickle Aye Bill M. Ewing Aye Christopher E. Collins Aye Charles S. DeHaven, Jr. Aye Gene E. Fisher Aye Gary A. Lofton Aye Gainesboro District Vacant MEMORANDUM RE: PUMP & HAUL REQUEST FOR 2340 FRONT ROYAL PIKE (PRESENTLY OWNED BY FEDERAL HOME LOAN MORTGAGE CORP.)-APPROVED Senior Planner Candice Perkins appeared before the Board regarding this item. She advised this was a request for a permanent pump and haul permit for 2340 Front Royal Pike. She noted this property must comply with the criteria in Chapter 161. The Health Department has determined the existing system cannot be repaired and there is not enough room on the site for a replacement system. She concluded by saying a decision by the Board of Supervisors was being requested. Supervisor Fisher asked why an alternate system would not work. Senior Planner Perkins responded that the Health Department determined that no alternate systems could be accommodated on the property. Minute Book Number 37 Board of Supervisors Regular Meeting of 08/10/11 032 Chairman Shickle asked if connection to a public line was feasible. Senior Planner Perkins responded if the property was within 300 feet of a public line it would be required to connect; however, this property is 380 feet. She concluded by saying she was not sure if the owner had looked into connecting. Supervisor Lofton asked if the Board would have the ability to take the permit away in the future if there was an opportunity to connect to public sewer. Senior Planner Perkins responded it would be up to the owner's discretion at that time. Amy White Stickel, Realtor, advised with the age and value of the property the value was not there to justify a connection. The cost to connect to a public line would be $20,000. The property is listed at $109,000. She noted the buyer had tried to go to through the church and the homeowners' association to get access to the sewer; however, everyone would need to agree. She concluded by saying if the permit is turned down the property will probably be made vacant. Chairman Shickle asked what kind of disclosures had been given to the buyer. Miss Stickel responded the only disclosure they have is from the company regarding the number of times the tank will be pumped and the cost. Supervisor DeHaven asked if the pump and haul agreement signed by the current owner would transfer successively to the new owners. County Attorney Rod Williams suggested the agreement could be recorded in the land records in an effort to make it more binding. Supervisor DeHaven stated we have a requirement of a permit; however, one party will not be around. He did not think this seemed to be a perfect solution. He went on to say if sewer becomes economically available does the board have the authority to go back and require a connection? As the ordinance is currently written, we do not. He stated the ordinance needed to be reviewed in this regard. Supervisor DeHaven expressed his concern about the number of pump and haul permits in Frederick County. He went on to say we need to get a handle on these. Upon a motion by Supervisor Fisher, seconded by Supervisor Collins, the Board approved the pump and haul permit for 2340 Front Royal Pike. The above motion was approved by the following recorded vote: Richard C. Shickle Nay Bill M. Ewing Aye Christopher E. Collins Aye Charles S. DeHaven, Jr. Aye Gene E. Fisher Aye Gary A. Lofton Aye Minute Book Number 37 Board of Supervisors Regular Meeting of 08/10/11 033 Gainesboro District Vacant MEMORANDUM RE: PUMP & HAUL REOUEST FOR 220 LUCAS LANE, GORE, PROPERTY OWNED BY TIMOTHY DOOLAN - APPROVED Senior Planner Candice Perkins appeared before the Board regarding this item. She advised this was a request for a pump and haul permit for 220 Lucas Lane, Gore, Virginia. She advised the existing system was not functional and could not be repaired. The applicant is seeking a decision from the Board of Supervisors. Supervisor Lofton stated the applicant had contacted him and asked that this item be placed on the agenda this evening. He went on to say this appears to be a matter of timing and the applicant has a sales contract pending. He advised the timing of the sales contract with the next board meeting did not work. He noted the property is not located in the Sewer and Water Service Area and the Health Department says there is no other option. Chairman Shickle asked if the Health Department could be questioned about why an alternate system was not suitable for this site. He noted the determination surprised him. Upon a motion by Supervisor Lofton, seconded by Supervisor DeHaven, the Board approved the pump and haul permit request for 220 Lucas Lane, Gore, Virginia. 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 Gene E. Fisher Aye Gary A. Lofton Aye Gainesboro District Vacant BOARD LIAISON REPORTS There were no board liaison reports. CITIZEN COMMENTS Phil Griffin, Chairman of the Top of Virginia Regional Chamber of Commerce, invited the Board to the Hob Nob in the Valley to be held on Friday, September 9, 2011. He noted Congressman Frank Wolf's attendance had been confirmed. He concluded by thanking the Board for providing a business friendly community. BOARD OF SUPERVISORS COMMENTS Supervisor Fisher stated he was not satisfied with the Health Department answers. He went on to say he did not know if this needs a work session with the Health Department. Chairman Shickle suggested Supervisor Fisher meet with the Health Department and pass Minute Book Number 37 Board of Supervisors Regular Meeting of 08/10/11 034 along any information received to the Board. He concluded by saying he would like to know if there is anything to know. Supervisor DeHaven stated there were a couple of issues with the pump and haul ordinance that need to be reviewed. Administrator Riley suggested that staff review the ordinance and process and once the information is collected it would go to the Public Works Committee. ADJOURN UPON A MOTION BY VICE - CHAIRMAN EWING, SECONDED BY SUPERVISOR COLLINS, THERE BEING NO FURTHER BUSINESS TO COME BEFORE THIS BOARD, THIS MEETING IS HEREBY ADJOURNED. (8:00 P.M.) Richard C. Shickle Chairman, Board of Supervisors . R ey, Jr. erk, Board of Supervisors Minutes Prepared By: Jay 9. T' bs Deputy Clerk, Board of Supervisors Minute Book Number 37 Board of Supervisors Regular Meeting of 08/10/11