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HomeMy WebLinkAboutDecember 14, 2005 Regular Meeting 219 A Regular Meeting ofthe Frederick County Board of Supervisors was held on Wednesday, December 14, 2005, 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 Gary W. Dove; Gene E. Fisher; Gina A. Forrester; Lynda 1. Tyler; and Barbara E. Van Osten. ABSENT Bill M. Ewing - due to illness CALL TO ORDER Chairman Shickle ealled the regular meeting to order. INVOCATION The Reverend Philip Roby, Amazing Grace Fellowship, delivered the invocation. PLEDGE OF ALLEGIANCE Vice-Chairman Dove led the Pledge of Allegiance. ADOPTION OF AGENDA - APPROVED AS AMENDED County Administrator John R. Riley, Jr. advised that he had two items to be removed from the agenda: An Ordinance to Amend the Frederick County Code, Chapter 144, Subdivision of Land; Article V, Design Standards; Section 144-24 C - Lot Requirements. This is a Request from Greenway Engineering Regarding Waivers of the Public Street Requirement for Age-Restricted Communities. - Tab P - due to mis-advertisement; Subdivision Waiver Requested of Frank Klebieko Property - Tab T - at the applicant's request. Upon a motion by Vice-Chairman Dove, seconded by Supervisor Forrester, the Board approved the agenda as amended. The above motion was approved by the following recorded vote: Richard C. Shickle Gary W. Dove Bill M. Ewing Gene E. Fisher Gina A. Forrester Lynda J. Tyler Barbara E. Van Osten Aye Aye Absent Aye Aye Aye Aye CONSENT AGENDA - APPROVED AS AMENDED Minute Book Number 31 Board of Supervisors Re!:ular Meeting of 12/14/05 220 Administrator Riley offered the following items for the Board's consideration under the consent agenda: Resolution Dedicating Millbrook Drive for Inclusion Into the State Highway System - TabC; Correspondence from the Northem Shenandoah Valley Regional Commission (NSVRC) re: Resolution of Support for F omling a Home Consortium Through the U. S. Department of Housing and Urban Development - Tab D; Resolution re: Approval of Sale of Shawneeland Sanitary District Lots - Tab E; Parks and Recreation Commission - Tab F; Landfill Oversight Committee - Tab G; Public Works Committee - Tab H; Code and Ordinance Committee - Tab I Personnel Committee - Tab J Supervisor Van Osten requested that Tab E - Resolution re: Approval of Sale of Shawnee land Sanitary District Lots be removed from the consent agenda. Upon a motion by Supervisor Van Osten, seconded by Supervisor Forrester, the Board approved the consent agenda as amended. The above motion was approved by the following recorded vote: Richard C. Shickle Gary W. Dove Bill M. Ewing Gene E. Fisher Gina A. Forrester Lynda J. Tyler Barbara E. Van Osten Aye Aye Absent Aye Aye Aye Aye CITIZEN COMMENTS Debbie McTiernan, Stonewall District, read the following statement regarding the management plan for Red Bud Run: "My name is Debbie McTieman, I live in the Stonewall District at 223 Woodsmill Rd. I am here to talk about the management plan for Red Bud Run and how it will affect the people who have been living in the neighborhood for years. I'm very disappointed that out of town developers are allowed to come in and totally disrupt so many lives. First and foremost a seventy year old man will not be allowed to spend CHRISTMAS in a place that he has call home for so long, shame on the people that cause this to happen. This man has been put through the ringer by DGIF, not knowing ifhe will Minute Book Number 31 Board of Supervisors Regular Meeting of 12/14/05 221 have a place to live and worrying ifhe will be put injail ifhe stays this is something that a man in his seventy should not be worrying about, he has been show no respect by the DGIF. What is it going to hurt for this man to have a home or are fish more important than this human being? Also my family and I are right in the middle of this mess, ever since this started our lives have been constantly disrupted. We have had people trespassing on our property, cars blocking our driveway, our garage was flooded because of poor engineering for the developer. We had workers for the DGIF just show up one day and close offthe bridge that our mailbox sit on, no one bothered to call and let us know what they were planning on doing. We now need to move our mailbox on Woodsmill Rd. a road that people drive very fast on. We also have leaOled not by anybody from the DGIF, that they are planning on putting a public park in front, beside, and behind us in other word we are going to find ourselves living in the middle of a public park. They plan to run trails from the front of our property to the back we are not sure how they plan on doing this without crossing our property as no one has talked to us about this either. They are going to tear down a historical barn to put a parking lot in that will be about fifty feet from our front yard. Our concerns with this plan is that with any open public place you are going to have people that will come only to vandalize, and how is DGIF going to protect our property since they are they ones inviting the public to our front door, also we have a one lane road coming in to our home is this the same road that the public will be allowed to use, are we suppose to put up with people blocking this road when we are trying to go to work or school. I'm not sure who came up with this idea, but I wonder if they even know that we live here and have for over ten years. Of if they even care. There are other ways that this park can be placed. We also have heard that Woodsmill Rd is going to be closed for a couple months from RT. 7 to Red Bud Rd, for road improvement Has anyone thought about how we are suppose to get to and from our home, I know we have. We had nothing to do with this mess yet we find ourselves right in the middle of it, all this could have been avoided if someone from the, DGIF, or the developer had come and talked to us. So please do not let this plan for Redbud run pass till our concern and worries are worked out. We are more then willing to talk to DGIF, or who ever we need to talk to clear this up Thank you." Pat Gochenour, Red Bud District, spoke regarding the Westbury Commons Master Minute Book Number 31 Board of Supervisors Regular Meeting of 12/14/05 222 Development Plan. She advised that there were drainage issues on the site and she had assisted the adjoining property owners in working with the developer to correct these issues. She concluded by stating how accommodating Stuart Butler, the developer, had been to work with on this situation. BOARD OF SUPERVISORS COMMENTS Supervisor Tyler expressed her thanks to her family, friends, constituents, fellow board members, and county employees for their support and assistance during her four years on the Board of Supervisors. She concluded by wishing her fellow board members good luck doing the citizens' work. MINUTES-APPROVED Upon a motion by Supervisor Tyler, seconded by Vice-Chairman Dove, the Board approved the minutes from the November 9, 2005 Regular Meeting. The above motion was approved by the following recorded vote: Richard C. Shickle Gary W. Dove Bill M. Ewing Gene E. Fisher Gina A. Forrester Lynda J. Tyler Barbara E. Van Osten Aye Aye Absent Aye Aye Aye Aye COUNTY OFFICIALS COMMITTEE APPOINTMENTS There were no committee appointments. RESOLUTION (#030-5) DEDICATING MILLBROOK DRIVE FOR INCLUSION INTO THE STATE HIGHWAY SYSTEM - APPROVED UNDER CONSENT AGENDA WHEREAS, the road described below provides access for the school bus traffic from State Route 7 to Millbrook High School, a public school, and WHEREAS, construction of the road is complete and meets standards, dccmed by the Department of Transportation, appropriate for the traffic anticipated. NOW, THEREFORE, BE IT RESOLVED, the School Board of Frederick County, and this Board, pursuant to Section 33.1-68, Code of Virginia, rcquests the following road be added to the Secondary System of State Highways as shown by plat ofrecord in the Clerk's Office of the Circuit Court of Frcderick County, Virginia as Instrument No. 020014090 and by plat ofP. Duane Brown dated December 15, 2004 describing a .4907 acre tract; plus an ingress, egress and maintenance easement to service said road as shown by Instrument No. 040009215 of record in said Clerk's Office, which plats are attached hereto and made a part of this resolution. BE IT FURTHER RESOLVED, that a certified copy ofthis resolution be forwarded to the Resident Engineer of the Virginia Department of Transportation. Minute Book Number 31 Board of Supervisors Regular Meeting of 12/14/05 223 This item was approved under the consent agcnda. CORRESPONDENCE FROM THE NORTHERN SHENANDOAH VALLEY REGIONAL COMMISSION (NSVRC) RE: RESOLUTION (#031-05) OF SUPPORT FOR FORMING A HOME CONSORTIUM THROUGH THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT - APPROVED UNDER CONSENT AGENDA WHEREAS, the localities within Northern Shenandoah Valley Region have experienced tremendous growth and an increased pressure on the affordable housing market; and WHEREAS, the U.S. Department of Housing and Urban Devclopment (HUD) provides funds to localities for the purpose of promoting affordable housing; and WHEREAS, Blue Ridge Housing Network administers HOME funds to low and moderate income first time home buyers; and WHEREAS, the five counties and the City of Winchester within the Northern Shenandoah Valley Region have expressed interest in exploring additional ways to promote affordable housing; and WHEREAS, the five countics and the City of Winchester within the Northern Shenandoah Valley Region are eligible to apply as a consortium to HUD to increase the allocation ofthe HOME funds distributed to the Northern Shenandoah Valley; and WHEREAS, the Northern Shenandoah Valley Regional Commission agrees to facilitate the creation of a HOME Consortium for the purpose of applying for HOME funds from HUD; and WHEREAS, Blue Ridge Housing Network agrees to continue to be the administering agent for HOME funds; and WHEREAS, the City of Winchester agrees to be the responsible entity for application and monitoring; NOW, THEREFORE, BE IT RESOLVED that the County of Frederick, Virginia agrees to participate in the creation of a HOME Consortium for the purposes of applying for funds from the u.s. Department of Housing and Urban Development. This item was approved under the consent agenda. RESOLUTION (#034-05) RE: APPROVAL OF SALE OF SHA WNEELAND SANITARY DISTRICT LOTS - APPROVED County Administrator Riley advised that this property was sold by public auction on November 12,2005. 374 lots were sold for a total net amount of $2,327,500. The breakdown of bidders was as follows: 60% individuals; 20% investors; 12% neighbors; 8% builders. Supervisor Van Osten thanked Project Manager David Burleson, Public Works Director Ed Strawsnyder, and Auction Services Group for all of their work on this sale. Supervisor Tyler asked if there was a chance the lots could be given back to the County in the future. Mr. Burleson responded if an owner backs out of the sale then Auction Services Group Minute Book Number 31 Board of Supervisors Regular Meeting of 12/14105 224 would cither sell the lots by other means or return them to the County. Upon a motion by Supervisor Van Osten, seconded by Supervisor Forrester, the Board approved the Resolution Approving the Sale of Shawneeland Sanitary District Lots. WHEREAS, pursuant to 9 21-118, Code of Virginia, 1950, as amended, the governing body of a sanitary district shall have the powcr and duties, subject to the conditions and limitations prescribed therein, to sell property determined to be in the best interest of the sanitary district; and WHEREAS, the Board of Supervisors of Frederick County, Virginia, thc governing body ofthe ShawneeLand Sanitary District, resolvcd, aftcr a public hearing held on April 26, 2005, and after finding that it is in the bcst interest of the ShawneeLand Sanitary District, to sell real estate described on thc attached Exhibit A. NOW, THEREFORE, BE IT RESOLVED, that the Board of Supervisors of Frederick County, Virginia, authorizes the ShawneeLand Sanitary District, by and through its designated agent, David 1. Burlcson, Jr., to sell this real estate and execute deeds, title affidavits, and other documents for settlement, on its behalf, to convey said real estate to the successful bidder(s), hereinafter called the Grantees. The above motion was approved by the following recorded vote: Richard C. Shickle Gary W. Dove Bill M. Ewing Gene E. Fisher Gina A. Forrester Lynda J. Tyler Barbara E. Van Osten Aye Aye Absent Aye Aye Aye Aye COMMITTEE REPORTS PARKS AND RECREATION COMMISSION - APPROVED UNDER CONSENT AGENDA The Parks and Recreation Commission met on November 15, 2005. Members present were: P.W. Hillyard, III, Charles Sandy, Victoria Keelon, Ronald Madigan, Larry Sullivan, Cheryl Swartz, Lynda Tyler. Items Requiring Board of Supervisors Action: I. None Submitted for Board Information Onlv: I. FY 2006-07 Budget Request - Mr. Sullivan moved to accept the Dcpartment's operating budget request for 2006-07, second by Mrs. Keelon, carried unanimously (5-0). Mr. Sandy not present for vote. Mr. Sullivan moved to accept the Department's capital budget request for 2006-06, carried unanimously (5-0). Mr. Sandy not present for vote. LANDFILL OVERSIGHT COMMITTEE - APPROVED UNDER CONSENT AGENDA The Landfill Oversight Committee met on Thursday, November 17, 2005 at 8:00 a.m. All committee members were present except Stuart Masters. Minute Book Number 31 Board of Supervisors Regular Meeting of 12/14105 225 The entire meeting was centered on the discussion ofthe proposed Fiscal Year 2006-2007 Landfill Budget. The Committee recommended extending the hours of operation of the citizens' convenience area and approving the additional staff required to maintain the site. They also recommended adding staff and equipment required to haul the waste from the new convenience site to the landfill. After including these items, the Committee unanimously endorsed the Fiscal Year 2006/2007 budget proposal. PUBLIC WORKS COMMITTEE - APPROVED UNDER CONSENT AGENDA The Public Works Committee met on Tuesday, December 6, 2005 at 8:00 a.m. All members were present except Jim Wilson and Stan Crockett. ***Items Not Requiring Action*** The entire meeting was centered on the discussion of the proposed Fiscal Year 2006/2007 budget. A brief summary ofthe budget is attached. The Director of Public Works presented each individual budget, separately, to allow for specific questions. These individual presentations included references to revenue, possible changes in fees, increases in certain expenditures and requests for new employees. After completing a detailed discussion, the committee unanimously endorsed the proposed Fiscal Year 2006/2007 budgets. CODE AND ORDINANCE COMMITTEE - APPROVED UNDER CONSENT AGENDA The Code & Ordinance Committee met on Monday, December 5,2005 at 3:00 P.M., in the Board of Supervisors Meeting Room, County Administration Building, 107 North Kent Street, Winchester, Virginia. Present were chairman of the committee Supervisor Gary W. Dove, Supervisor Bill M. Ewing, Stephen G. Butler. Committee member Michael L. Bryan was absent. Also present County Attorney Lawrence R. Ambrogi, County Administrator John R. Riley, Jr., Major Robert Eckman and Captain John Snoots, Frederick County Sheriffs Department, and Mr. & Mrs. Earl Collins. The committee submits the following: ***Items Requiring Board Action*** 1. Proposed Amendment to Chapter 158 Vehicles and Traffic. Frederick County Code The Committee discussed a proposed amendment to Chapter 158 Vehicles and Traffic, Frederick County Code. The proposed amendment would provide for the prepayment offines for parking violations to the Treasurer of Frederick County in lieu of an appearance in court. This proposal would help reduce overtime costs and the burden on the court system, as well as make the payment process more convenient for citizens who do not contest the tickets. The Committee unanimously recommended approval of the proposed amendments to the Vehicles and Traffic Ordinance and forwarded this item to the Board of Supervisors for public hearing and with a recommendation for approval. (See Attached.) ***Information Only*** 1. Barkin!! Do!!s Complaint Mr. and Mrs. Earl Collins, Miller Road in the Back Creek District, appeared before the Committee to voice their concern about barking dogs in the rural areas of the County. They specifically cited their neighbors who have six dogs that bark continuously, which they felt adversely affected the enjoyment of their property. The Committee advised that they had, in the past, made a conscious decision that the County should not regulate noise in the Rural Areas, as it could potentially impact agricultural operations. The Committee took this complaint under Minute Book Number 31 Board of Supervisors Regular Meeting of 12/14/05 226 advisement and directed staff to research the options available to address this particular situation. PERSONNEL COMMITTEE - APPROVED UNDER CONSENT AGENDA The Personnel Committee met on Wednesday, November 30, 2005, with the following members present: Gina Forrester, Barbara Van Osten, Verne Collins, Philip Farley, Barbara Allegra, and Jay Tibbs. Also present were Sheriff Robert T. Williamson and Laura Withers with the Winchester Star. The following requests are recommended for approval by the Committee: 1. ReQuest from the Sheriff's Department to Create a Crime Analyst Position Review request from the Sheriffs Department to create a (grant funded with county supplement) Crime Analyst position at a Range 15. Goals and objectives for the position along with a comparable job description and information regarding the grant funding attached. No additional funding required (see Attachment A). FINANCE COMMITTEE - APPROVED The Finance Committee met in the Board of Supervisors' Meeting Room at 107 North Kent Street on Wednesday, November 16, 2005 at 8:00 a.m.ltems 1,3,4,8, and 9 were approved under consent agenda. Committee members Richard Shickle and Ellen Murphy were absent. Upon a motion by Supervisor Forrester, seconded by Supervisor Tyler, the Board approved the consent agenda by the following recorded vote: Richard C. Shickle Gary W. Dove Bill M. Ewing Gene E. Fisher Gina A. Forrester Lynda J. Tyler Barbara E. Van Osten Aye Aye Absent Aye Aye Aye Aye 1. The Sheriff requests a General Fund supplemental appropriation in the amount of $409.99. This amount represents a donation and a reimbursement for the purchase ofa camera and is requested to be appropriated to Other Operating Supplies and State Forfeited Property. No additional local funds are needed. See attached memo, p. 1-2. The Committee recommends approval. - Approved Under the Consent Agenda. 2. The Sheriff requests a General Fund supplemental appropriation in the amount of $35,000. This amount represents a grant for a crime analyst position. No additional local funds are needed. See attached memo, p. 3-7. The Committee recommends approval and forwarded this request to the Personnel Committee. - Approved Upon a motion by Supervisor Forrester, seconded by Supervisor Tyler, the Board approved the above request by the following recorded vote: Richard C. Shickle Gary W. Dove Bill M. Ewing Gene E. fisher Gina A. Forrester Lynda J. Tyler Barbara E. Van Osten Aye Aye Absent Aye Aye Aye Aye 3. The Deputy Director of Public Works requests approval ofa new cellular phone. This Minute Book Number 31 Board of Supervisors Regular Meeting of 12/14/05 227 phone is for the recently hired Environmental Inspector 1. See attached memo, p. 8. The committee recommends approval. - Approved Under the Consent Agenda. 4. The Regional Jail Superintendent requests approval of a new cellular phone. This phone is for the mental health clinician. See attached memo, p. 9. The Committee recommends approval. _ Approved Under the Consent Agenda. 5. The County Administrator requests a change to the mileage reimbursement amount. The current mileage reimbursement is 32.5 cents. See attached comparison, p. 10. The Committee recommends changing the mileage reimbursement to 40 cents. - Approved Upon a motion by Supervisor Forrester, seconded by Vice-Chairman Dove, the Board approved the above request by the following recorded vote: Richard C. Shickle Gary W. Dove Bill M. Ewing Gene E. Fisher Gina A. Forrester Lynda J. Tyler Barbara E. Van Osten Aye Aye Absent Aye Aye Aye Aye 6. The Supervisor of Public Safety Communications requests a General Fund budget transfer in the amount of $47.200. This amount is needed to replace and upgrade equipment in the communications center. This amount will be transferred from the operational contingency line item. See attached memo, p. 11-14. The Committee recommends approval. - Approved Upon a motion by Supervisor Forrester, seconded by Supcrvisor Van Osten, the Board approved the above request by the following recorded vote: Richard C. Shickle Gary W. Dove Bill M. Ewing Gene E. fisher Gina A. Forrester Lynda J. Tyler Barbara E. Van Osten Aye Aye Absent Aye Aye Aye Aye 7. The Sheriff requests a General Fund supplemental appropriation in the amount of $25,000. This amount represents a DMV grant and is requested to be appropriated into Overtime and Police Supplies. No additional local funds are needed. See attached memo, p. 15-17. The committee recommends approval. - Approved Upon a motion by Supervisor Forrester, seconded by Supervisor Van Osten, the Board approved the above request by the following recorded vote: Richard C. Shickle Gary W. Dove Bill M. Ewing Gene E. Fisher Gina A. Forrester Lynda J. Tyler Barbara E. Van Osten Aye Aye Absent Aye Aye Aye Aye 8. The Sheriff requests a General Fund supplemental appropriation in the amount of$I,OOO. Minute Book Number 31 Board of Supervisors Regular Meeting of 12114105 228 This amount rcpresents a donation to the DARE Program and is rcquested to be appropriated to the DARE line item. No additional local funds are necded. See attached memo, p. 18-19. The Committee recommends approval. - Approved Under the Consent Agenda. 9. The Director of Fire and Rescue requests approval ofa new cellular phone. This phone is for the new Fire Marshal position. See attached memo, p. 20. The Committee recommends approval. - Approved Under the Consent Agenda. 10. Committee member Gary Lofton made a motion to allow administration to approve cellular phones that can be funded in the current budget. Cellular phone purchases requiring additional funding will still need approval by the Finance Committee. The Committee recommends approval. - Approved Upon a motion by Supervisor Forrester, scconded by Vice-Chairman Dove, the Board approve the above request by the following recorded vote: Richard C. Shickle Gary W. Dove Bill M. Ewing Gene E. Fisher Gina A. Forrester Lynda 1. Tyler Barbara E. Van Osten Aye Aye Absent Aye Aye Aye Aye ***For Information Only*** 1. The volunteer firefighters report on ovcrtimc was requested at a previous Finance Committee meeting. This report is not yet available. 2. A letter from the Government Finance Officers Association is included notifying Frederick County of having received the Distinguished Budget Presentation Award for Fiscal Year 2005-2006. See attached, p. 21. 3. The Finance Director is providing a report on fund balance. Sec attached, p. 22. PUBLIC HEARING PUBLIC HEARING-AMENDMENT TO THE 2005-2006 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 2005-2006 BUDGET TO REFLECT: GENERAL FUND SUPPLEMENT AI. APPROPRIATION IN THE AMOUNT OF $3.083.240.00. THIS AMOUNT REPRESENTS COSTS ASSOCIATED WITH THE CONSTRUCTION OF THE NEW FREDERICK COUNTY ANIMAL SHELTER. (RESOLUTION #032-05) - APPROVED Administrator Riley advised that this budget amendment would advance the entire amount to construct the new Frederick County Animal Shelter. He went on to say that staff originally planned to send this project, along with the Public Safety Building, to the bond market in the fall, but delays with the Public Safety Building have prohibited this sale. It is staff-s intent for the County to reimburse itsclf with proceeds from the bond sale for any monies advanced for this project. MinnIe Book Number 31 Board of Supervisors Regular Meeting of 12/14/05 229 Chairman Shickle convened the public hearing. There were no public comments. Chairman Shickle closed the public hearing. Upon a motion by Vice-Chairman Dove, seconded by Supervisor Forrester, the Board approved the amendment to the FY 2005-2006 Budget to reflect a General Fund Supplemental Appropriation in the amount of$3,083,240. WHEREAS, the Frederick County Board of Supervisors, meeting in regular session and public hearing held on December 14,2005, took the following action: NOW, THEREFORE, BE IT RESOLVED, by the Board of Supervisors that the FY 2005- 2006 Budget be Amended to Reflect: General Fund Supplemental Appropriation in the Amount of$3.083.240.00. This Amount Represents Costs Associated with the Construction of the New Frederick County Animal Shelter. The above motion was approved by the following recorded vote: Richard C. Shicklc Gary W. Dove Bill M. Ewing Gene E. Fisher Gina A. Forrester Lynda J. Tyler Barbara E. Van Osten Aye Aye Absent Aye Aye Aye Aye PART II - RESOLUTION (#033-05) OF THE BOARD OF SUPERVISORS OF THE BOARD OF SUPERVISORS DECLARING ITS INTENTION TO REIMBURSE ITSELF FROM THE PROCEEDS OF ONE OR MORE FINANCINGS FOR CERT AIN COSTS OF CAPITAL IMPROVEMENTS FOR CONSTRUCTION OF A NEW ANIMAl, SHELTER. - APPROVED Upon a motion by Vice-Chairman Dove, seconded by Supervisor Van Osten, the Board approved the Resolution Declaring its Intention to Reimburse Itself from the Proceeds of One or More Financings for Certain Costs of Capital Improvements for Construction of a New Animal Shelter. 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 construction of a new animal shelter (the "Project"). NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF THE COUNTY OF FREDERICK, VIRGINIA: ]. 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 Minute Book Number 31 Board of Supervisors Regular Meeting of 12/14/05 '230 financings. The maximum amount of financing expected to be issued for the Project is $3,083,240. 3. This resolution shall take effect immcdiately upon its adoption. The above motion was approvcd by the following recorded vote: Richard C. Shickle Gary W. Dove Bill M. Ewing Gene E. Fisher Gina A. Forrester Lynda J. Tyler Barbara E. Van Osten Aye Aye Absent Aye Aye Ayc Aye PUBLIC HEARING - AN ORDINANCE TO AMEND THE FREDERICK COUNTY CODE. CHAPTER 155. TAXATION. ARTICLE IV. PERSONAL PROPERTY TAXES. TO PROVIDE FOR THE 2004 AND 2005 CHANGES BY THE GENERAL ASSEMBLY OF VIRGINIA FOR THE PERSONAL PROPERTY TAX RELIEF ACT. - APPROVED Administrator Riley advised that this proposed ordinance amendment deals with the method of conversion of the Personal Property Tax Relief Act reimbursemcnt. Treasurer C. William Orndoff advised the Board that under the PPTRA, the County would now be locked in to a ccrtain dollar amount to be allocated over the population of qualifying vehicles. He estimated the County's amount to be $11.5-$12 million. Chairman Shickle convened the public hearing. There were no public comments. Chairman Shickle closed the public hearing. Upon a motion by Supervisor Van Osten, seconded by Supervisor Tyler, the Board approved the Ordinance to Amend the Frederick County Code, Chapter 155, TAXATION, ARTICLE IV, PERSONAL PROPERTY TAXES, To Provide for the 2004 and 2005 Changes by the General Assembly of Virginia for the Personal Property Tax Relief Act. WHEREAS, the Personal Property Tax Relief Act of 1998, Va. Code SS 58.1-3523 et seq. ("PPTRA"), has been substantially modified by the enactment of Chapter 1 of the Acts of Assembly, 2004 Special Session I (Scnate Bill 5005), and the provisions of It em 503 of Chapter 951 ofthe 2005 Acts of the Assembly (the 2005 revisions to the 2004-2006 Appropriations Act, hereinafter cited as the "2005 Appropriations Act"); and WHEREAS, these legislative enactments require the County of Frederick to take affirmative steps to implement these changes, and to provide for the computation and allocation of relief provided pursuant to the PPTRA as revised; and WHEREAS, these legislative enactments providc for the appropriation to the County of Frederick, commencing in 2006, of a fixcd sum to be used exclusively for the provision oftax relief to owners of qualifying personal use vehicles that are subject to the personal propcrty tax ("PPT") Minute Book Number 31 Board of Supervisors Regular Meeting of 12/14105 231 on such vehicles, and provide the opportunity for the County of Frederick to fashion a program of tax relief that serves the best interest of its citizenry; NOW, THEREFORE, BE IT ORDAINED by the Frederick County Board of Supervisors as follows: S 1. Purpose: Definitions: Relation to other Ordinances. 1. The purpose of this Ordinance is to provide for the implementation of the changes to PPTRA affected by legislation adopted during the 2004 Special Session I and thc 2005 Rcgular Session of the General Assembly of Virginia. 2. Terms used in this Ordinance that have defined meanings set forth in PPTRA shall have the same meanings as set forth in Va. Code S 58.1-3523, as amended. 3. To the extent that the provisions ofthis Ordinance conflict with any prior Ordinance or provision of the County of Frederick Code, this Ordinance shall control. S 2. Method of Computing and ReflectiUl! Tax Relief. (a) For tax years commcncing in 2006, the County of Frederick adopts thc provisions ofItem 503.E of the 2005 Appropriations Act, providing for the computation oftax rclief as a specific dollar amount to be offset against the total taxes that would otherwise be due but for PPTRA and the reporting of such specific dollar relief on the tax bill. (b) The Board shall, as part ofthe annual budget adopted pursuant to Chapter 25 of Title 15.2 ofthe Code of Virginia and by annual budget resolution set the rate oftax relief at such a level that it is anticipated fully to exhaust PPTRA relieffunds provided to thc County of Frederick by the Commonwealth. Any amount ofPPTRA relief not used within the County's fiscal year shall be carried forward and used to increase the funds available for personal property tax relief in the following fiscal year. (c) Personal property tax bills shall set forth on thcir face the specific dollar amount of relicf credited with respect to each qualifying vehicle, together with an cxplanation of the general manner in which relief is allocated. S 3. Allocation of Relief among Taxpayers. (I) Allocation of PPTRA relief shall be provided in accordance with the general provisions ofthis section, as implemented by the specific provisions ofthe County's annual budget relating to PPTRA relief. (2) Relicf shall be allocated in such a manner as to eliminate personal property taxation of each qualifying vehicle with an asscssed value of $1 ,000 or less. (3) Reliefwith respect to qualifying vehicles with assessed valued of more than $1,000 shall be provided at a rate, annually fixed in the County budget and applied to the first $20,000 in value of each such qualifying vehicle, that is estimatcd fully to use all available state PPTRA relief. The rate shall be established annually as a part of the adopted budget for the County of Frederick. S 4. Transitional Provisions. (1) Pursuant to authority conferred in Item 503.D ofthe 2005 Appropriations Act, the County Treasurer is authorized to issue a supplemental personal property tax bill, in the amount of 100 percent oftax due without regard to any former entitlements to state PPTRA relief, plus applicable penalties and interest, to any taxpayer whosc Minute Book Number 31 Board of Supervisors Regular Meeting of 12/14/05 !232 taxes with respect to a qualifying vehicle for tax year 2005 or any prior tax year remain unpaid on September 1,2006 or such date as state funds for reimbursement of the state share of such bill have become unavailable, whichever earlier occurs. (2) Penalty and interest with respect to bills issued pursuant to subsection (a) of this section shall be computed on the entire amount of tax owed. Interest shall be computed at the rate provided in 155-6 Code of Frederick County from the original due date of the tax. The above motion was approved by the following recorded vote: Richard C. Shickle Gary W. Dove Bill M. Ewing Gene E. Fisher Gina A. Forrester Lynda J. Tyler Barbara E. Van Osten Aye Aye Absent Aye Aye Aye Aye PLANNING COMMISSION BUSINESS PUBLIC HEARING PUBLIC HEARING - AN ORDINANCE TO AMEND THE FREDERICK COUNTY CODE. CHAPTER 165. ZONING: ARTICLE IV. SUPPLEMENTARY USE REGULATIONS: SECTION 165-30. SIGNS. G - HEIGHT. AND H - SIZE. CHANGES TO THE HEIGHT AND SIZE OF BUSINESS SIGNS LOCATED IN THE RA RURAL AREAS ZONING DISTRICT. - APPROVED Zoning and Subdivision Administrator Mark R Cheran appeared before the Board regarding this item. He advised that the Development Review and Regulations Subcommittee (DRRS) reviewed and discussed these proposed changes at its April 28, 2005 meeting. The proposed changes would regulate business signs in the RA (Rural Areas) Zoning District. The Frederick County Zoning Ordinance currently allows business signs to have a maximum height of35 feet and 100 square feet in area. A standardized franchise sign may have up to 150 square feet in area. Zoning Administrator Cheran went on to say that the DRRS did not believe the current ordinance was in keeping with the rural character of Frederick County. The proposed amendment would add a standard height and area size for business signs in the RA (Rural Areas) Zoning District. The Planning Commission unanimously recommended approval of this proposed amendment as they believed it would help preserve the character of the rural areas in Frederick County. Chairman Shickle asked about the number of non-conforming signs this proposed amendment would create. Zoning Administrator Cheran responded that there would be a few created. Planning Director Eric Lawrence advised that the ordinance would not affect billboards, but Minute Book Number 31 Board of Supervisors Regular Meeting of 12/14/05 233 would address country stores, etc. He advised that the ordinance did not apply to off-site signs. Chainnan Shickle convened the public hearing. There were no public comments Chairman Shickle closed the public hearing. Upon a motion by Supervisor Tyler, seconded by Vice-Chairman Dove, the Board approved the Ordinance Amending thc Frederick County Code, Article IV - Supplementary Use Regulations, Chapter 165-30, Signs, Section G, Height, and Section H, Size. WHEREAS, an ordinance to amend Article IV - Supplementary Use Regulations, Chapter 165-30, Signs, Section G, Height, to include, "Business signs located in the RA (Rural Areas) Zoning District shall not exceed ten (10) feet in height", and Section H, Size, to include "...in the RA (Rural Areas) Zoning District, no business sign or directional sign shall exceed 50 squarc feet in area", of the Frederick County Code, was considered by the Planning Commission and the Development Review and Regulations Subcommittce (DRRS) during their regularly scheduled meetings; and WHEREAS, the Developmcnt Review and Regulations Subcommittee (DRRS) recommended approval of this amendment on April 28, 2005; and WHEREAS, the Planning Commission held a public hearing on this ordinance adoption on November 16,2005; and WHEREAS, the Board of Supervisors held a public hearing on this ordinance adoption on December 14, 2005; and WHEREAS, the Fredcrick County Board of Supervisors finds the adoption ofthis ordinance to be in the best interest of the public health, safety, welfare, and in good zoning practice. NOW, THEREFORE, BE IT ORDAINED by the Frederick County Board ofSupcrvisors that Article IV - Supplementary Use Regulations, Chapter 165-30, Signs, Section G, Height, shall include, "Business signs located in the RA (Rural Areas) Zoning District shall not exceed ten (10) feet in height", and Section H, Size, shall include "...in the RA (Rural Areas) Zoning District, no busincss sign or directional sign shall exceed 50 square feet in area". This amendment is amcnded as described on the attachment. 165-30 G. Height. No sign shall exceed the maximum height requirement for the zoning district in which they are located. Business signs located in the RA (Rural Areas) Zoning District shall not exceed ten (10) feet in height. All signs other than business signs shall be no more than ten (10) feet in height. No freestanding business entrance sign shall exceed five (5) feet in height. 165-30 H. The following restrictions shall apply to the size of signs: (1) No business sign or directional sign shall exceed 100 square feet in area. Standardization franchise signs may exceed 100 square feet in area, but shall not exceed 150 square feet in area. In the B-1 (Neighborhood Business) District and the RA (Rural Areas) Zoning District, no business sign or directional sign shall exceed 50 square feet in area. The above motion was approved by the following recorded vote: Richard C. Shickle Ayc Minute Book Number 31 Board of Supervisors Regular Meeting of 12/14/05 234 Gary W. Dove Bill M. Ewing Gene E. Fisher Gina A. Forrester Lynda J. Tyler Barbara E. Van Ostcn Aye Absent Aye Aye Aye Aye PUBLIC HEARING - AN ORDINANCE TO AMEND THE FREDERICK COUNTY CODE. CHAPTER 165. ZONING: ARTICLE XXII. DEFINITIONS: SECTION 165- 156. DEFINITIONS AND WORD USAGE. CHANGES TO THE INTENT AND DEFINITION OF FULL-SCREEN AND LANDSCAPE SCREEN. - APPROVED Zoning Administrator Cheran appeared before the Board regarding this item. He advise that the Development Review and Regulations Subcommittee (DRRS), at its May 26, 2005 meeting, recommended changing the intent of Section 165-156 of the Frederick County Zoning Ordinance. These proposed changes would add clarification, understanding, and word usage ofthe definitions located within the Frederick County Zoning Ordinance. The Planning Commission unanimously recommended approval of this amendment. Supervisor Tyler asked what was the catalyst for this change. Zoning Administrator Cheran responded that the DRRS felt this change was needed in light of several Supreme Court rulings that have fallen back to Wehster 's Dictionary for definitions when none were provided in the zoning ordinance. Chairman Shickle convened the public hcaring. There were no public comments. Chairman Shickle closed the public hearing. Upon a motion by Supervisor Van Osten, seconded by Supervisor Forrester, the Board approved the Ordinance Amending the Frederick County Code, Articlc XXII, Definitions, Chapter 165-156, Definitions and Word Usage. WHEREAS, an ordinance to amend Article XXII - Definitions, Chaptcr 165-156, Definitions and Word Usage, to include, "Words and Terms set forth below shall have the meanings ascribed to them. Any work, term(s), or phrase used in this Zoning Ordinance not defined below shall have the meaning ascribed to such word, term, or phrase in the most recent edition of Merriam- Webster's Dictionarv, unless in the opinion of the Zoning Administrator, established customs or practices in Frederick County, Virginia justify a diffcrcnt or additional meaning. Furthermore, the purpose ofthis Zoning Ordinance, certain words, tem1S and phrases are herein defined as follows...", of the Frederick County Code, was considered by the Planning Commission and the Development Review and Regulations Subcommittee (DRRS) during their regularly scheduled meetings; and WHEREAS, the Development Review and Regulations Subcommittee (DRRS) recommended approval of this amendment on May 26,2005; and WHEREAS, the Planning Commission held a public hearing on this ordinance adoption on Minnte Book Number 31 Board of Snpervisors Regular Meeting of 12/14/05 235 November 16,2005; and WHEREAS, the Board of Supervisors held a public hearing on this ordinance adoption on December 14,2005; and WHEREAS, the Frederick County Board of Supervisors finds the adoption ofthis ordinance to be in the best interest of the public health, safety, welfare, and in good zoning practice. NOW, THEREFORE, BE IT ORDAINED by the Frederick County Board of Supervisors that Article XXII - Definitions, Chapter 165-156, Definitions and Word Usage, to include "Words and Terms set forth below shall have the meanings ascribed to them. Any work, term(s), or phrase used in this Zoning Ordinance not defined below shall have the meaning ascribed to such word, term, or phrase in the most recent edition of Merriam- Webster's Dictionarv. unless in the opinion of the Zoning Administrator, established customs or practices in Frederick County, Virginia justify a different or additional meaning. Furthermore, the purpose of this Zoning Ordinance, certain words, terms and phrases are herein defined as follows...". This amendment is amended as described on the attachment. 165-156 Definitions and Word Usage. Words and Terms set forth below shall have the meanings ascribed to them. Any work, term(s), or phrase used in this Zoning Ordinance not defined below shall have the meaning ascribed to such word, term, or phrase in the most recent edition of Merriam-Webster's Dictionary, unlcss in the opinion ofthe Zoning Administrator, establishcd customs or practices in Frederick County, Virginia justify a different or additional meaning. Furthermore, the purpose of this Zoning Ordinance, certain words, terms and phrases are herein defined as follows... The above motion was approved by the following recorded vote: Richard C. Shickle Gary W. Dove Bill M. Ewing Gene E. Fisher Gina A. Forrester Lynda J. Tyler Barbara E. Van Osten Aye Aye Absent Aye Aye Aye Aye PUBLIC HEARING - AN ORDINANCE TO AMEND THE FREDERICK COUNTY CODE. CHAPTER 144. SUBDIVISION OF LAND: ARTICLE V. DESIGN STANDARDS: SECTION 144-24 C - LOT REQUIREMENTS. THIS IS A REQUEST FROM GREENWAY ENGINEERING REGARDING WAIVERS OF THE PUBLIC STREET REQUIREMENT FOR AGE-RESTRICTED COMMUNITIES. - POSTPONED DUE TO MIS-ADVERTISEMENT PUBLIC HEARING - REQUEST BY CENTEXHOMES FOR V ACATIONPORTION OF LAUREL DRIVE RIGHT-OF-WAY. SUBMITTED BY BC CONSULTANTS. THIS IS A PROPOSED CONVEYANCE BY THE COUNTY OF ITS RIGHT-OF- WAY INTEREST IN THAT CERTAIN PARCEL OF LAND CONTAINING 0.057 ACRES AND BEING A PORTION OF LAUREL DRIVE. LOCATED IN WAKELAND MANOR. PHASE 4. SECTION F-l, IN THE SHAWNEE MAGISTERIAL DISTRICT. - APPROVED This was a request for the Board of Supervisors to approve the conveyance of its right-of- way interest in a 0.057 acres portion of Laurel Drive, located in Wakeland Manor, Phase 4, Section F -I, in the Shawnee Magisterial District. This right-of-way was no longer necessary as the street Minute Book Number 31 Board of Supervisors Regular Meeting of 12/14/05 236 system and adjoining neighborhoods have developed with its extension. VDOT finds the vacation to be acceptable. 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 Forrester, the Board approved the Vacation ofa Portion of Laurel Drive right-of-way. The above motion was approved by the following recorded vote: Richard C. Shickle Gary W. Dove Bill M. Ewing Gene E. Fisher Gina A. Forrester Lynda 1. Tyler Barbara E. Van Osten Aye Aye Absent Aye Aye Aye Aye OTHER PLANNING ITEMS MASTER DEVELOPMENT PLAN #11-05 OF WESTBURY COMMONS - APPROVED Planner II Candice Perkins appeared before the Board regarding this item. She advised that this was a master development plan for II age-restricted single family small lot detached dwellings on 3.3 acres located in the Stonewall District. The applicant is requesting a waiver of the community center requirement per Section 165-64 A of the Frederick County Zoning Ordinance. The Planning Commission recommended approval of this waiver request and this master development plan. The Board is being requested to grant staff the authority to administratively approve this master development plan. Evan Wyatt, Greenway Engineering, appeared before the Board on behalf of the applicant. He advised that the staff report stated this master development plan is acceptable and meets all requirements. The applicant has also worked with the Parks & Recreation Department regarding the community center waiver request. He went on to say that Greenway has developed three alternatives to address the storm watcr drainagc issues. Supervisor Forrester asked if any of the scenarios involve VDOT approval. Mr. Wyatt responded that all three would require VDOT approval Upon a motion by Supervisor Tyler, seconded by Supervisor Forrester, the Board approved Minute Book Number 31 Board of Supervisors Regular Meeting of 12/14/05 237 the community center waiver request and authorized staff to administratively approve Master Development Plan #11-05 of Westbury Commons. The above motion was approved by the following recorded vote: Richard C. Shickle Gary W. Dove Bill M. Ewing Gene E. Fisher Gina A. Forrester Lynda J. Tyler Barbara E. Van Osten Aye Aye Absent Aye Aye Aye Aye MASTER DEVELOPMENT PLAN - WINCHESTER REGIONAL AIRPORT - NO ACTION TAKEN Planning Director Eric Lawrence appeared before the Board to introduce this item. He advised that this was a presentation on an update to the Winchester Regional Airport's master plan. He stated that this was being provided to the Board for informational purposes only, but if there were provisions that the Board felt should be included in the County's Comprehensive Plan they could be incorporated. He then introduced Airport Executive Director Renny Manuel. Winchester Regional Airport Executive Director Renny Manuel advised the Board that the airport is required by the FAA to have an airport layout plan. The projects shown on this plan are eligible for funding from the State and Federal governments. She went on to say that the plan has been modified to try to protect the area to the north of the airport. She then introduced John Longnaker, the airport's consultant, to present the plan's highlights to the Board. John Longnaker, briefly reviewed the plan, which included: Inventorying existing facilities. Forecasting aircraft activity. Facility requirements. Two alternatives of which alternative #2 was selected by the State and FAA. Project Phasing of 0-5 years, 6-10 years, and I I -20 years. Vice-Chairman Dove asked who would build any new hangars. Mr. Longnaker responded that would depend on the Authority since they would own them. Director Manuel responded that the hangars would be constructed on demand by the businesses requesting them. Chairman Shickle stated that he had received a lot of questions from citizens concerned Minute Book Number 31 Board 01" Supervisors Regular Meeting 01"12/14105 238 about development to the west of the airport. He stated that many would like to sell their property because of a fear of condemnation in the future. Director Manuel advised that the Authority was in the land acquisition phase. They have identified three parcels for acquisition each year; however, ifall three are not required then the other properties are put on hold. She went on to say that stafl and the Authority would be willing to meet with the residents after the first of the year to address their concerns. Supervisor Fisher informed the Board that the Authority has discussed changes to the Comprehensive Plan in order to upgrade the airport support zone. Chairman Shiekle asked the Authority to review the Airport Master Plan and Comprehensive Plan to see if they compliment or conflict with one another. SUBDIVISION WAIVER REQUEST OF FRANK KLEBIEKO PROPERTY - POSTPONED AT THE APPLICANT'S REQUEST DISCUSSION QF RED BUD RUN STREAM PRESERVATION PARCEL MANAGEMENT PLAN REVIEW - CONTINUED UNTIL THE JANUARY 11. 2006 MEETING Director Lawrence appeared before the Board on behalf of this item. He advised that on October 9,2002 the Board approved rezoning application #05-02 of Red Bud Run, on the property formerly owned by the McTiernan family. One of the proffered conditions was the establishment of a 28.4 acre stream preservation parcel located along Red Bud Run. This proffer provides the Board an opportunity to review an open space plan for the property along with participation in the selection of an appropriate management agency to oversee the future protection of this environmental asset. Director Lawrence went on to say that the developer has crafted an open space management plan and identified the Virginia Department of Game and Inland Fisheries (DGIF) as the agency to own and manage this preservation parcel. This parcel was transferred to DGIF in 2004. The developer is requesting the Board approve the Open Space Plan and the Virginia Department of Game and Inland Fisheries as the management agency for this stream preservation parcel. Director Lawrence went on to say that staff felt DGIF was the logical management entity. He stated that staff has spoken briefly with the developer and applicant and they are willing to address the concerns expressed by the McTiernan family. He concluded by saying that representatives for the applicant, developer, and the Department of Game and Inland Fisheries were present to answer any questions. Minute Book Number 31 Board of Supervisors Regular Meeting of 12/14/05 239 Chuck Maddox, Patton Harris Rust and Associates, appeared before the Board on behalf of the applicant. He stated that the applicant/developcr and DGIF hoped to resolve the issues with the tenants. He went on to say that the house on 1.7 acres has a 50-foot right-of-way, of record, that ends at the bridge and there might be legal issues with regard to VDOT maintenance of the road. Supervisor Tyler stated that the 1.7 acre parcel is actually 2 acres and all ofthe maps show the zoning on this parcel as RP (Residential Perfonnance), but it is not, it is RA (Rural Areas). Mr. Maddox stated that therc have been people walking through the McTiernan's yard. He explained that DGIF closed the existing bridge because it was unsafe. He concluded by saying that Mr. Mohn, DGIF, would get back with the property owners regarding a boundary line adjustment to address the outstanding issues and that the issue tonight was the County's agreemcnt, by proffer, to approve a management plan for the parcel, as wcll as approval of the owner of the property. Larry Moho, Department of Game and Inland Fisheries, appeared bcfore the Board to answer any questions or address conccrns the Board might have regarding this issue. Chairman Shickle stated that DGlF was to keep the Board informed about what was going on out there, but it did not happen. He asked if that was blatant or inadvertent. Mr. Maddox stated that DGIF was not at fault, as it was the developer who did not file the plan. Mr. Mohn stated that DGIF was working off of a letter from staff that stated thc County was in favor ofDGlF using the property. Chairman Shickle stated that DGIF owed the Board the courtesy of a plan review. Mr. Mohn stated that DGIF has not develop cd a management plan. He advised that the parcel was taken on a trial basis to see how a small parcel, like this, would function. He went on to say that DGTF would not take every parcel, but would take a small parcel that fits thc department's mission statement. Supervisor Tyler stated that DGlF"s complete lack of cooperation with the County and the Board is not acceptable. She stated that DGIF has "obviously" been implementing a plan in light of fishermen on the property. Mr. Mohn stated that people have the right to fish the property because DGIF owns it. Hc stated that there was some oversight, with regard to approval ofthe owner, but it did not affect the Minute Book Number 31 Board of Supervisors Regular Meeting of 12/14/05 240 title of the property. He went on to say that DGIF had asked for a resolution of the tenant issue an were told that the tenant would vacate the property in April. Supervisor Forrester asked where we dropped the ball. Director Lawrence responded that the proffers are clean, but there was a misunderstandin that staffs endorsement of the owner complied with the proffer. Supervisor Tyler stated that this issue came about as part ofthe eviction. She went on to sa that she could not support the management plan because she did not know where people would b parking cars, etc. Supervisor Tyler moved to postpone this item until the January 11,2006 board meeting i order to resolve some of the outstanding issues. The motion died due to the lack of a second. Supervisor Van Osten asked what impact a postponement would have on DGIF and th developer. Director Lawrence stated that no building pernlits would be issued on the property. Mr. Mohn responded that it delayed DGIF's work. Supervisor Forrester asked if staff had enough detail on the open space plan. Director Lawrence responded that the plan was very conceptual, but a detailed plan would be put forth following public meetings. Supervisor Van Osten stated that she felt like there were several loose ends this evening and she did not believe one month was an undue dclay. Supervisor Dove stated that it was foolish for the Board to hold the developer hostage. Supervisor Van Osten stated that she could support the transfer of the property to DGIF as long as they come back with a management plan and have worked with the landowners to address the outstanding issues. Vice-Chairman Dove moved to approve the conveyance to the Department of Game and Inland Fisheries with DGIF to comeback to the Board with a management plan within six months. The motion was seconded by Supervisor Forrester. Supervisor Fisher asked how much the developer was involved in the boundary line issues. Mr. Maddox responded that there are no boundary line problems, but there are revisions to Miuute Book Number 31 Board of Supervisors Regular Meeting of 12/14/05 241 the property lines to accommodate the McTiernan's. Administrator Riley advised that the DGIF's management plan has to seek Board of Supervisors' overview and concurrence. Supervisor Van Osten stated that she would like to get an update on how things are going with the McTiernan's. Administrator Riley stated that the Board could request DGIF come back to the second board meeting in January to brief the Board. Supervisor Tyler stated that she did not have much confidence that DGIF would get back to the Board with an update. She went on to say that she was still not clear with VDOT on the driveway question. She concluded by saying that she was not comfortable moving forward. Supervisor Forrester asked what would happen ifthe Board did not endorse the conveyance. Director Lawrence responded that it the conveyance would then become a zoning violation and no more building permits would be approved. Assistant County Administrator Tierney advised that once the Board approves the conveyance after the fact, then the developer is off the hook. There being no further discussion, the motion to approve the conveyance failed by the following recorded vote: Richard C. Shickle Gary W. Dove Bill M. Ewing Gene E. Fisher Gina A. Forrester Lynda 1. Tyler Barbara E. Van Osten Aye Aye Absent Nay Nay Nay Aye Chairman Shickle stated that it was important for the Board to memorialize who they need to work with regarding this project. Upon a motion by Supervisor Tyler, seconded by Supervisor Forrester, the Board continued this item until the next regular meeting. Supervisor Tyler stated that she would like to see staft: DGIF, and the applicant's representative meet with the McTiernan's. The above motion was approved by the following recorded vote: Richard C. Shickle Gary W. Dove Nay Nay Minute Book Number 31 Board of Supervisors Regular Meeting of 12/14/05 242 Bill M. Ewing Gene E. Fisher Gina A. Forrester Lynda J. Tyler Barbara E. Van Osten Absent Aye Aye Aye Aye DISCUSSION OF BICYCLE AND PEDESTRIAN PLANNING UPDATE - NO ACTION TAKEN Deputy Planning Director Mike Ruddy appeared before the Board regarding this item. He advised the Winchester-Frederick MPO was in the process of finalizing a contract for the delivery ofa Comprehensive Bicycle and Pedestrian Mobility Plan for the area encompassed by the WinFred MPO. The community secured an $80,000 VDOT grant to prepare this bicycle and pedestrian plan. The County has worked to update its bicycle and pedestrian planning efforts in the Urban Development Area, with the goal being to provide a current tool to assist in the managed development of the UDA. Deputy Director Ruddy went on to say that a stakeholder group was established in December 2004 to assist the County by providing guidance in the development of a multi-modal trail network plan for the more urbanized areas of Frederick County. The Multi-Use Trail Network Map for Frederiek County's Urban Development Area was developed with the assistanee ofthe Frederick County Parks and Recreation Commission and identified the loeation of bicycle, multi-use, and pedestrian facilities. He concluded by saying that the County would continue to participate with the WinFred MPO in the development of the Bicycle and Pedestrian Mobility Plan. Chairman Shickle stated that he wished the MPO would not approve things that were not recommended by Frederick County, because the County might not want the MPO to act on it. Deputy Director Ruddy advised that the MPO was providing the facilitator to come aboard and develop the design plan. He went on to say that staff was taking this opportunity to provide the Board with an update on the MPO's activities. Chairman Shickle stated that it was his intent that the MPO not vote on the bike/pedestrian trail worked on by stan: as he was not clear tonight what was taking place because it was difficult to read the map. Director Lawrence advised that the bike plan was undertaken by staff about one year ago and it would be taken through the normal processes prior to MPO adoption beeause staff wanted to make sure the County endorses it. Minute Book Number 31 Board of Supervisors Regular Meeting of 12114105 243 Supervisor Tyler advised that a grant came to the community because of the MPO. Director Lawrence advised that staff would make sure the Planning Commission and the Board werc involved throughout this process. RESOLUTION (#035-05) DIRECTING STAFF TO UNDERTAKE A STUDY CONSIDERING THE EXPANSION OF THE SEWER AND WATER SERVICE AREA TO INCORPORATE PROPERTIES ADJACENT TO RE-ALIGNED ROUTE 803 IN THE ROUND HILL COMMUNITY - APPROVED AS AMENDED Director Lawrence advised that a citizen has contacted two board members to requcst an expansion of the Sewer and Watcr Service Area. This proposed expansion would incorporate the VDOT office and properties adjacent to re-aligned Route 803. Director Lawrence went on to say that statf could look at other options as wcll. Supervisor Van Osten suggested that the study encompass a larger area than the one originally proposed. Chairman Shickle suggested that the study be sent out to the CPPS instead of coming back to the Board in order to save some steps in the proccss. Supervisor Van Osten suggested that the revised study area look at properties along Poorhouse Road. Upon a motion by Supervisor Van Osten, seconded by Vice-Chairman Dove, the Board approved the Resolution Directing the Planning Commission to Undertake a Study Considering the Expansion of the Sewer and Water Service Area to Incorporate Properties Adjacent to, and East of Poorhouse Road, in the Round Hill Community. WHEREAS, Route 803 (Round Hill Road) has been re-aligned to improve traffic circulation associated with the Round Hill Crossing commercial center, the home to a Wal-Mart Supercenter, located in the Round Hill Community, within the Gainesboro and Back Creek Magisterial Districts; and WHEREAS, the County has becn approached by a property owner (Bishop) whose property (PIN 52-A-254) is adjacent to the re-aligned roadway, and same property is presently bisectcd by thc existing Sewer and Water Service Area (SWSA). A total of 11 properties adjacent to the Bishop's property, arc bisected by the existing SWSA boundary. As such, it may be reasonable to adjust the SWSA boundary to coincide with the new Route 803 location; and WHEREAS, this request to adjust the SWSA boundary was sponsored and presented to the Board of Supervisors by the Back Creek Magisterial District Supervisor on December 14, 2005; and WHEREAS, the Board of Supervisors felt the study area should include properties adjacent to and east of Poorhouse Road, specifically including the Emmanuel Baptist Church and the Rosedale Baptist Church. NOW, THEREFORE, BE IT ORDAINED that the Board of Supervisors directs the Minute Book Number 31 Board of Supervisors Regular Meeting of 12/14/05 244 Planning Commission to study and return to the Board of Supervisors a recommendation regarding the expansion of the sewer and water service area to accommodate the properties adjacent to the re- aligned Route 803. The above motion was approved by the following recorded vote: Richard C. Shickle Gary W. Dove Bill M. Ewing Gene E. Fisher Gina A. Forrester Lynda J. Tyler Barbara E. Van Osten Aye Aye Absent Aye Aye Aye Aye BOARD LIAISON REPORTS Supervisor Forrester reported that the Social Services Board was looking forward to consenting two adoptions. CITIZEN COMMENTS Pam Kennedy, Gainesboro District, thanked Supervisors Forrester and Tyler for their work on the Board over the last four years. She concluded by saying "you are appreciated by many and will be missed." Ivan Snapp, President Elect of Top of Virginia Building Association, addressed the Board regarding his organization's concerns over the new development impact model. He wanted to make sure that development gets the credits they deserve. He also asked why there was such an increase in the proffer amounts. He concluded by requesting information regarding the pupil generation function. Christian Schweiger, President of Top of Virginia Building Association, expressed his concern over the new development impact model. He asked the Board for a 120 day moratorium so TVBA and the County can talk about the values used, issues, and concerns. He asked for at least one review of the figures, etc. prior to implementation. BOARD OF SUPERVISORS COMMENTS Supervisor Tyler wished everyone a Merry Christmas. Supervisor Forrester thanked the Board members and staff for all of their work and assistance throughout her term on the Board. The Board scheduled a work session with the Public Safety and Public Works Committees for December 28, 2005 at 10:00 p.m. to review the design of the new public safety building. Minute Book Number 31 Board of Supervisors Regular Meeting of 12/14105 245 Chairman Shickle advised that thcre were two aspects of that proffer model that troubled him. The first onc was the, the interpretation, sometimes held by staff and sharcd by the development community, that the board did not want to give credit for commercial or public land, etc. He stated that he thought the Board intended to give credit to offset, potentially, the amount of a proffer. Second, the current model he believes has a 15% credit for the taxes paid that supposedly approximate part of the capital budget. He went on to say the he recommended to thc Board that 15% be taken away from phased and unphased residential developmcnts; however, some people believe the Board did away with the commercial credit. He advised that he spoke with Mr. Barkcr today and he was here tonight because he wanted to make sure that Mr. Barker had the same understanding as he did and that the Board had no problem agreeing on what they thought the board did and didn't do that night. Administrator Riley asked if the rccord should show that there will be credit. Chairman Shickle responded yes there will be a credit for commercial development. Administrator Riley asked ifthe County would factor in any lands given as part ofthat credit. Chairman Shickle, Vice-Chairman Dove, and Supervisor Tyler responded Corrcct. Supervisor Van Osten stated that she was confused about when the committee would meet. Chairman Shickle responded that the committee would meet after the budget is adopted, either in Mayor June. Supervisors Van Ostcn and Fisher thanked Supervisors Tyler and Forrester for their years of servicc on the Board and to the County. Supervisor Van Osten stated that she has been impressed with the Board's boardmanship. ADJOURN UPON A MOTION BY VICE CHAIRMAN DOVE, SECONDED BY SUPERVISOR FORRESTER, THERE BEING NO FURTHER BUSINESS TO COME BEFORE THIS BOARD, THIS MEETING IS HEREBY ADJOURNED. (10:20 P.M.) QQ 0 ~ o.....J Richard C. Shickle Chairman, Board of Supervisors r <:) , '\..... -", ." -,' ".//' '., /c// i J IX. JohnR. Riley, J": Clerk, Board of Supervisors Minute Book Number 31 Board of Supervisors Regular Meeting of 12/14/05 246 Minutes Prepared By: ('. /.~ J..,t E., 'I 1L Jay E. Tib{js Deputy Clerk, Board of Supervisors Minute Book Number 31 Board of Supervisors Regular Meeting of 12/14/05