Loading...
January 11, 2006 Regular Meeting 252 A Regular Meeting ofthe Frederick County Board of Supervisors was held on Wednesday, January II, 2006, at 7: 15 P.M., in the Board of Supervisors ' Meeting Room, County Admi n istration Building, 107 North Kent Street, Winchester, Virginia. PRESENT Chairman Richard C. Shickle; Charles S. DeHaven, Jr.; Gary W. Dove; Bill M. Ewing; Gene E. Fisher; Philip A. Lemieux; and Barbara E. Van Osten. CALL TO ORDER Chairman Shiekle called the regular meeting to order. INVOCATION In the absence of a minister, Supervisor Dove delivered the invocation. PLEDGE OF ALLEGIANCE Supervisor Ewing led the Pledge of Allegiance. RESOLUTION (#036-06) IN MEMORIAM OF S. ROGER KOONTZ - APPROVED County Administrator John R. Riley, Jr. asked the Board if they would be agreeable to changing the order of the agenda to entertain a Resolution in Memoriam ofS. Roger Koontz, as his wife was present to receive a framed copy of the same. Chairman Shickle asked the Board if they would be agreeable to this change. The Board unanimously agreed. Chairman Shiekle read the following resolution: RESOLUTION IN MEMORIAM OF SUPERVISOR S. ROGER KOONTZ, CHAIRMAN OF THE BOARD OF SUPERVISORS, FREDERICK COUNTY, VIRGINIA WHEREAS, S. Roger Koontz served the citizens of Frederick County, Virginia, for eight (8) years as Chairman At-Large to the Board of Supervisors, said tenure being 1976-1983; and WHEREAS, Mr. Koontz was the first at-large chairman to be elected to the county Board of Supervisors; and WHEREAS, during his service he held seats on numerous committees, including that of County Representative to the Lord Fairfax Planning District Commission, Liaison to the Frederick County Sanitation Authority, and Executive Board Member ofthe Virginia Association of Counties ; and WHEREAS, Mr. Koontz will be remembered as a man who possessed the highest devotion to duty and represented the citizens and the County with dignity, dedication, and wisdom. NOW, THEREFORE BE IT RESOLVED, that the Frederick County Board of Supervisors Minute Book Number 31 Board of Supervisors Regular Meeting of 01/11/06 253 extends it deepest sympathy to the family of S. Roger Koontz, a conscientious and respected public servant. 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 ofthis educator/citizen legislator and that a true copy of this resolution be presented to his family. ADOPTED this 11th day of January, 2006. Upon a motion by Supervisor DeHaven, seconded by Supervisor Van Osten, the Board approved the Resolution in Memoriam of S. Roger Koontz. The above motion was approved by the following recorded vote: Richard C. Shicklc Aye Charles S. DeHaven, Jr. Aye Gary W. Dove Aye Bill M. Ewing Aye Gene E. Fisher Aye Philip A. Lemieux Aye Barbara E. Van Osten Aye Ms. Mary Lou Koontz thanked the Board for honoring her husband and stated that he enjoyed his service on the Board and his heart never left Frederick County. ORGANIZATION OF THE BOARD OF SUPERVISORS FOR 2006 ELECTION OF VICE-CHAIRMAN - BILL M. EWING ELECTED Supervisor Dove nominated Supervisor Bill M. Ewing for the office of Vice-Chairman. Supervisor Van Osten moved that the nominations be closed. The motion was seconded by Supervisor Fisher. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Charles S. DeHaven, Jr. Aye Gary W. Dove Aye Bill M. Ewing Aye Gene E. Fisher Aye Philip A. Lemieux Aye Barbara E. Van Osten Aye Upon a motion by Supervisor Dove, seconded by Supervisor Van Osten, the Board elected Bill M. Ewing as Vice-Chairman. The above motion was approved by the following recorded vote: Richard C. Shickle Charles S. DeHaven, Jr. Gary W. Dove Bill M. Ewing Gene E. Fisher Aye Aye Aye Abstained Aye Minute Book Number 31 Board of Supervisors Regular Meeting of 0]/11/06 254 Philip A. Lemieux Aye Barbara E. Van Osten Aye ADOPTION OF RULES OF PROCEDURE - APPROVED Upon a motion by Vice-Chairman Ewing, seconded by Supervisor DeHaven, the Board adopted the Rules of Procedure Frederick County Board of Supervisors and Robert's Rules of Order Simplified and Applied. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Charles S. DeHaven, Jr. Aye Gary W. Dove Aye Bill M. Ewing Aye Gene E. Fisher Aye Philip A. Lemieux Aye Barbara E. Van Osten Aye SELECTION OF A PARLIAMENTARIAN - JOHN R. RILEY, JR. ELECTED Supervisor Van Osten nominated County Administrator John R. Riley, Jr. to serve as Parliamentarian. Vice-Chairman Ewing moved that the nominations be closed. The motion was seconded by Supervisor Fisher. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Charles S. DeHaven, Jr. Aye Gary W. Dove Aye Bill M. Ewing Aye Gene E. Fisher Aye Philip A. Lemieux Aye Barbara E. Van Osten Aye Upon a motion by Supervisor Van Osten, seconded by Supervisor Dove, County Administrator John R. Riley, Jr. was elected as parliamentarian. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Charles S. DeHaven, Jr. Aye Gary W. Dove Aye Bill M. Ewing Aye Gene E. Fisher Aye Philip A. Lemieux Aye Barbara E. Van Osten Aye SELECTION OF A TIME AND PLACE FOR REGULAR MEETINGS - APPROVED Supervisor Van Osten moved that the second and fourth Wednesdays of each month, at 7: 15 Miuute Book Number 31 Board of Supervisors Regular Meeting of 01111106 255 P.M., in the Board of Supervisors ' Meeting Room, County Administration Building, 107 North Kent Street, Winchester, Virginia be the time and meeting place for the Frederick County Board of Supervisors for 2006. Should the meeting be cancelled due to inclement weather, then it will take place on the following evening. The motion was seconded by Supervisor Lemieux. The above motion was passed by the following recorded vote: Richard C. Shickle Aye Charles S. DeHaven, Jr. Aye Gary W. Dove Aye Bill M. Ewing Aye Gene E. Fisher Aye Philip A. Lemieux Aye Barbara E. Van Osten Aye CHAIRMAN'S BOARD/COMMITTEE ASSIGNMENTS Chairman Shickle offered the following committee assignments for the Board's consideration. He advised that there were two additions: Conservation Easement Authority and SHENAIR. Supervisor Van Osten is the Board representative to each. He went on to say that the Board should note that two board members have been added to the Transportation Committee, which was the Chairman's attempt to elevate the importance of this committee. Supervisor Ewing suggested that the Transportation Committee be made a standing committee. It was the Board's consensus to make the Transportation Committee a standing committee. Chairman Shickle advised that he would recommend a chairman at the next meeting. The Committee assignments for 2006 are as follows: Richard C. Shickle: Finance Committee; Joint Finance Committee; MPO; Northern Shenandoah Valley Rcgional Commission; Northwestern Regional Adult Detention Center Board alternate Barbara E. Van Osten: Public Safety Committee Chairman; Personnel Committee; Social Services Board; Conservation Easement Authority; Planning Commission Liaison; SHENAIR; Juvenile Detention Center; Northwestern Regional Adult Detention Center Board; Agricultural District Advisory; Extension Leadership Council Bill M. Ewing: Finance Committee Chairman; Code & Ordinance Committee; Joint Finance Committec; Downtown Development Board liaison; Handley Regional Library Board liaison; Northwestern Regional Adult Detention Center Board Minute Book Number 31 Board of Supervisors Regular Meeting of 01111/06 256 Gene E. Fisher: Public Safety Committee; Public Works Committee; Frederick County Sanitation Authority liaison; Airport Authority; Fred- Winc Service Authority; Water Resourccs Advisory Committee Garv W. Dovc: Public Works Committee Chairman; Public Safety Committee; Fire and Rescue Association Liaison; Economic Development Commission; Air Quality Task Force; Industrial Development Authority; Landfill Ovcrsight Charles S. DeHaven, Jr.: Personnel Committee Chairman; Finance Committee; MPO; Transportation; Planning Commission alternate; Northern Shenandoah Valley Regional Commission Philip A. Lemieux: Code & Ordinance Committee Chairman; Public Warks Committee; Transportation Committee; Parks and Recreation Commission liaison; Planning Commission alternate; Tourism Board liaison Code and drdinance Committee Philip A. Lemieux, Chairman Bill M. Ewing Stephen G. Butler Michael L. Bryan Finance Committee Bill M. Ewing, Chairman Richard C. Shickle Charles S. DeHaven, Jr. Richie Wilkins Gary A. Lofton Ronald E. Hottle C. William Orndoff, Treasurer, Non-Voting Liaison Ellen E. Murphy, Commissioner of the Revenue, Non-Voting Liaison Personnel Committee Charles S. DeHaven, Jr., Chairman Barbara E. Van Osten Dr. Verne E. Collins Philip C. G. Farley Public Safety Committee Barbara E. Van Osten, Chairman Gene E. Fisher Gary W. Dove Hans R. Nydam Carolyn Glaize Michael D. Hockman Helen Lake Public Works Committee Gary W. Dovc, Chairman Gene E. Fisher Philip A. Lemieux Minute Book Number 31 Board of Supcrvisors Rcgular Mceting of 01111106 257 George H. Ludwig James T. Wilson J. Stanley Crockett Whitney "Whit" L. Wagner Robert W. Wells ADOPTION OF AGENDA - APPROVED AS AMENDED Administrator Riley advised the Eastern Road Plan, - Tab Q, has been pulled from thc agenda and will be referred to the Transportation Committee. Upon a motion by Vice-Chairman Ewing, seconded by Supervisor Fisher, the Board approved the agenda as amended. The above motion was approved by the following rccorded vote: Richard C. Shickle Aye Charles S. DeHaven, Jr. Aye Gary W. Dove Aye Bill M. Ewing Aye Gene E. Fisher Aye Philip A. Lemieux Aye Barbara E. Van Osten Aye CONSENT ACENDA - APPROVED Administrator Riley offered the following tabs for the Board's consideration: Memorandum re: Proposed Amendment to Chapter 158, Vehicles and Traffic, of the Frederick County Code - Tab G; Resolution Authorizing Application for Local and Regional Water Supply Competitive Grants Program - Tab T; Red Bud Run Stream Preservation Parcel Management Plan Review - Tab J; Personnel Committee Report - Tab K; Subdivision Request #022-05 of Lake Holiday, Section 10 - Tab N; Subdivision Request #33-05 of Titan Virginia Ready-Mix, LLC - Tab 0; Subdivision Request #35-05 of Richard and Donna Dick - Tab P; Road Resolution Re: Ravenpointe, Section 5 - Tab R Upon a motion by Vice-Chairman Ewing, seconded by Supervisor Fisher, the Board approved the Consent Agenda as presented. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Charles S. DeHaven, Jr. Aye Gary W. Dove Aye Bill M. Ewing Aye Minute Book Number 31 Board of Supervisors Regular Meeting of 01/11/06 258 Gene E. Fisher Aye Philip A. Lemieux Aye Barbara E. Van Osten Aye CITIZEN COMMENTS There were no citizen comments. BOARD OF SUPERVISORS COMMENTS Supervisor Dove welcomed the two new supervisors, Phil Lemieux and Chuck DeHaven. MINUTES-APPROVED The minutes from the December 14,2005 Regular Meeting were presented. T t was noted that Vice-Chairman Ewing did not move to adjourn the meeting. Upon a motion by Supervisor Dove, seconded by Supervisor Van Osten, the Board approved the minutes as corrected. The above motion was approved by the following recorded vote: Richard C. Shickle Charles S. DeHaven, Jr. Gary W. Dove Bill M. Ewing Gene E. Fisher Philip A. Lemieux Barbara E. Van Osten Aye Abstained Aye Abstained Aye Abstained Aye The minutes from the December 28,2005 Work Session were presented. Upon a motion by Supervisor Van Osten, seconded by Supervisor Dove, the minutes were approved as presented. The above motion was approved by the following recorded vote: Richard C. Shickle Charles S. DeHaven, Jr. Gary W. Dove Bill M. Ewing Gene E. Fisher Philip A. Lemieux Barbara E. Van Osten Aye Abstained Aye Aye Aye Abstained Aye COUNTY OFFICIALS EMPLOYEE OF THE MONTH AWARD FOR JANUARY 2006 (RESOLUTION #038-06) - APPROVED Chairman Shickle read the following resolution: RESOLUTION TO RECOCNIZE THE FREDERICK COUNTY EMPLOYEE OF THE MONTH RICKY A. CATLETT WHEREAS, the Frederick County Board of Supervisors recognizes that the County's employees are a most important resource; and, Minute Book Number 31 Board of Supervisors Regular Meeting of 01111/06 259 WHEREAS, on September 9, 1992, the Board of Supervisors approved a resolution which established the Employee ofthe 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, Ricky A. Catlett, who serves as a Lieutenant in the Fire and Rescue Department was nominated for Employee of the Month; and, WHEREAS, Ricky is deserving of special recognition because of the professionalism he exhibited when he assumed the lead role in the Uniform Standard Project. He spent many hours outside of his normal station duties to develop this project. Due to his hard work, Fire and Rescue personnel now have guidelines regarding Unifonn Standards and reflects the departments high expectations of professional appearance, and, for his dedication to his profession, the Fire and Rescue Department, and Frederick County; and, NOW, THEREFORE BE IT RESOLVED, by the Frederick County Board of Supervisors this 11 th day of January, 2006, that Ricky A. Catlett is hereby recognized as the Frederick County Employee of the Month for January; and, BE IT FURTHER RESOLVED, that the Board of Supervisors extends gratitude to Ricky A. Catlett for his outstanding perfom1ance and dedicated service and wishes him continued success in future endeavors; and, BE IT FURTHER RESOLVED, that Ricky A. Catlett is hereby entitled to all of the rights and privileges associated with this award. Upon a motion by Supervisor Van Osten, seconded by Supervisor Dove, the Board approved the Employee of the Month Resolution. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Charles S. DeHaven, Jr. Aye Gary W. Dove Aye Bill M. Ewing Aye Gene E. Fisher Aye Philip A. Lemieux Aye Barbara E. Van Osten Aye COMMITTEE APPOINTMENTS APPOINTMENT OF FREDERICK VONDY AS FREDERICK COUNTY REPRESENTATIVE ON THE CHAPTER 10 BOARD - APPROVED Upon a motion by Supervisor Dove, seconded by Supervisor Van Osten, the Board appointed Frederick Vondy to serve as Frederick County representative on the Chapter 10 Board. This is a three year term, said term to expire December 31, 2008. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Minute Book Number 31 Board of Supervisors Regular Meeting of 01/11/06 260 Charles S. DeHaven, Jr. Aye Gary W. Dove Aye Bill M. Ewing Aye Gene E. Fisher Aye Philip A. Lemieux Aye Barbara E. Van Osten Aye REAPPOINTMENT OF TAMMY C. LOVING AS STONEWALL DISTRICT REPRESENTATIVE ON THE EXTENSION LEADERSHIP COUNCIL - APPROVED Upon a motion by Supervisor DeHaven, seconded by Vice Chairman Ewing, the Board reappointed Tammy C. Loving to serve as Stonewall District representative on the Extension Leadership Council. This is a four year term, said term to expire January 23, 2010. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Charles S. DeHaven, Jr. Aye Gary W. Dove Aye Bill M. Ewing Aye Gene E. Fisher Aye Philip A. Lemieux Aye Barbara E. Van Osten Aye REAPPOINTMENT OF BEVERLY B. SHOEMAKER AS OPEOUON DISTRICT REPRESENTATIVE ON THE FREDERICK COUNTY INDUSTRIAL DEVELOPMENT AUTHORITY - APPROVED Upon a motion by Vice-Chairman Ewing, seconded by Supervisor Dove, the Board reappointed Beverly B. Shoemaker to serve as Opequon District Representative on the Frederick County Industrial Development Authority. This is a four year term, said term to expire January 23, 2010. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Charles S. DeHaven, Jr. Aye Gary W. Dove Aye Bill M. Ewing Aye Gene E. Fisher Aye Philip A. Lemieux Aye Barbara E. Van Osten Aye APPOINTMENT OF JOHN LIGHT TO FILL THE UNEXPIRED TERM OF CHARLES S. DEHAVEN, JR. AS STONEWALL DISTRICT REPRESENTATIVE ON THE FREDERICK COUNTY PLANNING COMMISSION - APPROVED Upon a motion by Supervisor DeHaven, seconded by Supervisor Dove, the Board appointed John Light to fill the unexpired term of Charles S. DeHaven, Jr. as Stonewall District representative on the Frederick County Planning Commission, said term to expire February 12,2008. Minute Book Number 31 Hoard of Supervisors Regular Meeting of 01/11/06 261 The above motion was approved by the following recorded vote: Richard C. Shickle Aye Charles S. DeHaven, JI. Aye Gary W. Dove Aye Bill M. Ewing Aye Gene E. Fisher Aye Philip A. Lemieux Aye Barbara E. Van Osten Aye APPOINTMENT OF GARY R. OATES AS STONEWALL DISTRICT REPRESENTATIVE ON THE FREDERICK COUNTY PLANNING COMMISSION - APPROVED Upon amotion by Supervisor DeHaven, seconded by Supervisor Ewing, the Board appointed Gary R. Oates to serve as Stonewall District Representative on the Frederick County Planning Commission. This is a four year term, said ternl to expire October 31,2009. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Charles S. DeHaven, JI. Aye Gary W. Dove Aye Bill M. Ewing Aye Gene E. Fisher Aye Philip A. Lemieux Aye Barbara E. Van Osten Aye APPOINTMENT OF CHRISTOPHER MOHN AND GREGORY KERR AS RED BUD DISTRICT REPRESENTATIVES ON THE FREDERICK COUNTY PLANNING COMMISSION - APPROVED Upon a motion by Supervisor Lemieux, seconded by Supervisor Fisher, the Board appointed Christoper Mohn and Gregory Kerr to scrve as Red Bud District representatives on the Frederick County Planning Commission. These are four year terms, said terms to expire January 9, 2010. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Charles S. DeHaven, JI. Aye Gary W. Dove Aye Bill M. Ewing Aye Gene E. Fisher Aye Philip A. Lemieux Aye Barbara E. Van Osten Aye APPOINTMENT OF DARWIN S. BRADEN AS STONEWALL DISTRICT REPRESENTATIVE ON THE TRANSPORTATION COMMITTEE - APPROVED Upon a motion by Supervisor DeHaven, seconded by Supcrvisor Dove, the Board appointed Darwin S. Braden to serve as Stonewall District representative on the Transportation Committee. This is a four year term, said tenn to expire January 13,2010. Minute Book Number 31 Board of Supervisors Regular Meeting of 01/11/06 262 The above motion was approved by the following recorded vote: Richard C. Shick1e Aye Charles S. DeHaven, Jr. Aye Gary W. Dove Aye Bill M. Ewing Aye Gene E. Fisher Aye Philip A. Lemieux Aye Barbara E. Van Osten Aye REAPPOINTMENT OF JOHN E. VENSKOSKE. JR. AS MEMBER-AT -LARGE ON THE EXTENSION LEADERSHIP COUNCIL - APPROVED Upon a motion by Supervisor Ewing, seconded by Supervisor Dove, the Board reappointed John E. Venskoske, Jr. as member-at-large on the Extension Leadership Council. This is a four year term, said term to expire February 13,2010. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Charles S. DeHaven, Jr. Aye Gary W. Dove Aye Bill M. Ewing Aye Gene E. Fisher Aye Philip A. Lemieux Aye Barbara E. Van Osten Aye MEMORANDUM RE: BUDGET TRANSFER REQUEST FOR THE TRANSPORTATION PLANNER POSITION - APPROVED Administrator Riley advised that due to the number of planning issues that will be coming before the Board, stafffelt it incumbent to till the position of transportation planner now. As such, staff is requesting a supplemental appropriation in the amount of $35,000 from operational contingencies to fund this position through the remainder of this fiscal year. Upon a motion by Supervisor Van Osten, seconded by Supervisor Fisher, the Board approved the budget transfer request. Supervisor Van Osten stated that this position was long overdue. Supervisor Dove asked if funds for this position could come from application fees. Administrator Riley stated that they could; however, staff had not gone through that level of detail, but they could look at that option. There being no further discussion, the above motion was approved by the following recorded vote: Richard C. Shickle Aye Charles S. DeHaven, Jr. Aye Miuute Book Number 31 Board of Supervisors Regular Meetiug of 01/11/06 263 Gary W. Dove Aye Bill M. Ewing Ayc Gene E. Fisher Aye Philip A. Lcmieux Aye Barbara E. Van Osten Aye MEMORANDUMRE: PROPOSED AMENDMENT TO CHAPTER 158. VEHICLES AND TRAFFIC, OF THE FREDERICK COUNTY CODE - APPROVED UNDER CONSENT AGENDA The Board, at its December 14, 2005 meeting, approved a public hearing on a proposed amendment to Chapter 158 Vehicles and Traffic, of the Frederick County Codc. The proposcd amendment was originally presented to the Code and Ordinance Committee and the Board as a means to allow prepayment of fines for parking violations to thc Treasurer of Frederick County in lieu of an appearance in court; however, as staff was preparing the advertising language and after consultation with the Sheritrs Department, it was discovered that the prepaymcnt provision was approvcd by the Board on July 14,2005. The actual amendment to Section 158-5 would add the following to Other Parking Violations: No current state license or inspection sticker Parking commercial vehicle in residential zone Stopping or obstructing traffic This proposed amendment was brought to the Board for consideration and authorization for public hearing. This item was approved under the consent agenda. REQUEST FROM THE COMMISSIONER OF THE REVENUE FOR REFUNDS - APPROVED Administrator Riley advised that this was a request from the Commissioner of the Revenue for refunds or roll credits for Ford Motor Credit Company or Ford Credit Titling Trust in the amount of $14,277.55 and Valley Proteins, Inc. in the amount of $5,137.72. The requests have been reviewed by the County Attorney and he has indicated the refunds appear to be justified. Upon a motion by Vice-Chairman Ewing, seconded by Supervisor Lemieux, the Board approved the request for refunds or roll credits. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Charles S. DeHaven, Jr. Aye Gary W. Dovc Ayc Minute Book Number 31 Board of Supervisors Regular Meeting of 01111/06 264 Bill M. Ewing Aye Gene E. Fisher Aye Philip A. Lemieux Aye Barbara E. Van Osten Aye RESOLUTION (#037-06) AUTHORIZING APPLICATION FOR LOCAL AND REGIONAL WATER SUPPLY COMPETITIVE GRANTS PROGRAM - APPROVED UNDER CONSENT AGENDA WHEREAS, Frederick County is a leading participant in the Regional Water Resources Policy Committee for development of the policy-level Shenandoah Valley Water Resources Strategic Plan; and WHEREAS, the current planning process is designed to begin meeting the Commonwealth's Local and Regional Water Supply Planning Regulation (9 V AC 25-780) which became effective November 2,2005; and WHEREAS, the Department of Environmental Quality has made available funds to be awarded in grants of up to $50,000 in January, 2006, to be utilized by June 30, 2006; and WHEREAS, the funds committed to the Water Supply element of policy-level Shenandoah Valley Water Resources Strategic Plan and matching funds from the Agua Grant may be used as match for a DEQ Grant; and WHEREAS, the DEQ process encourages regional approaches of two or more localities; and WHEREAS, Winchester City is a Regional Water Resources Policy Committee member and party to this project application; and WHEREAS, a Water Supply Planning Local-Regional Comprehensive Database Version 1.0 - Winchester-Frederick County project has been developed by local and regional staffto enable integration of the stand-alone DEQ Water Planning requirements and related data with the County GIS, Sanitation Authority GIS, local planning, and operational needs, a regional model and operational project; and WHEREAS, the Stategic Plan Project contract and funding is coordinated through the Northern Shenandoah Valley Regional Commission; and WHEREAS, the County has allocated $7,511 to the Strategic Plan, which has been matched, by $2,889 of Agua Funds totaling $10,400; and WHEREAS, half of those funds in the amount of $5,200 support initial water supply planning; and WHEREAS, this project addresses operational needs in the County and City in addition to being a model for coordination; and WHEREAS, the recipient of such funds does not preclude the County from applying for or receiving future Water Supply Planning Grant Funds individually or as part of a regional application. NOW, THEREFORE, BE IT RESOLVED, that the Northern Shenandoah Valley Regional Commission is authorized to apply for a grant and enter into a contract with the Department of Environmental Quality utilizing the funds currently authorized as matching funds on behalf of Frederick County; and BE IT FURTHER RESOLVED, that the funds, if awarded, be utilized as required by June 30, 2006. Minute Book Number 31 Board of Supervisors Regular Meeting of 01111/06 265 Adopted this II th day of January, 2006. Approved under the consent agenda. RED BUD STREAMPRESERV ATION PARCEL MANAGEMENT PLAN REVIEW (CONTINUED FROM DECEMBER 14. 2005 BOARD MEETING) - APPROVED UNDER CONSENT AGENDA Since the December 14, 2005 meeting, staff met with representatives from the DGIF, on Januaty 3,2006, to bettcr undcrstand the department's plans for this property. DGIF expressed their commitment to work with the owner ofthe two acre parcel (MI. Pat McTiernan, Jr.), as well as the displaced tenant (Mr. Bobby Gray), to resolve various idcntified issues. DGIF has also expressed their desire to locate a future parking area on the east side of Woods Mill Road, so that vehicular traffic will be distanced from the McTiernan's two acre parcel and thcir rcsidcncc. DGIF is also intcrcsted in identifying a suitable recipient who could possibly maintain ownership of the older residential structure which is currently located on the DGIF property, and DGIF would consider opportunities including the McTicrnan's, or possibly a local historical society. This item was approved under the consent agenda. COMMITTEE REPORTS PERSONNEL COMMITTEE - APPROVED UNDER CONSENT AGENDA Thc Pcrsonnel Committee met non Monday, December 12, 2005, with the following members present: Gina Forrester, Barbara Van Osten, Verne Collins, and Philip Farley. Also present were John R. Riley, JI. and Kris C. Tierney. 1. Pursuant to Virginia State Code Section 2.2-3711 A (1), the meeting was held in Closed Session to conduct HR Director Interviews with three prospective candidatcs. Barbara Van Ostcn made motion to enter closed session to conduct interviews. Verne Collins second motion, all voted unanimously. Once interviews were complete, Verne Collins made motion to come out of closed session, Philip Farley second motion, all voted unanimously. Chairman asked for affirmation that the only matter discussed in closed session was the interviews as previously stated, all voted unanimously: Phil Farley - Aye; Verne Collins - Aye; Gina Forrester - Aye; Barbara Van Osten- Ayc. Mceting was then adjourned. 2. The Committee was polled for an Employee ofthe Month Nomination: Ricky A. Catlett, Lieutenant Fire & Rescue Department from Timothy L. Welsh, Deputy Chief Fire & Rescue Department. The nomination was for taking the lead role in the Uniform Standard project. Lt. Catlett has spcnt countless hours outside of his normal station duties to develop and implcmcnt this new policy. With that, he has established the standard for all Fire & Rescue employees which assist them in the professional appearance in multiple settings. It was the consensus of the committee to forward this nomination to the Board of Supervisors. Therefore, Lt. Ricky Catlett will be recognized at the January 11,2006 Board ofSupcrvisors Mccting as January's Employee ofthc Month. PLANNING COMMISSION BUSINESS PUBLIC HEARINGS Minute Book Number 31 Board of Supervisors Regular Meeting ofOl/11/06 266 PUBLIC HEARING - CONDITIONAL USE PERMIT #09-05 OF RICHARD HEISEY FORA COTTAGE OCCUPATION - WOODWORKING SHOP. THIS PROPERTY IS LOCATED AT 663 DICKS HOLLOW ROAD (ROUTE 608), AND IS IDENTIFIED WITH PROPERTY IDENTIFICATION NUMBER 41-A-40D IN THE GAINESBORO MAGISTERIAL DISTRICT - APPROVED Zoning Inspector John Kirby appeared before the Board regarding this application. He advised that this was a request for a conditional use permit by Richard Heisey for a cottage occupation, wood working shop, located at 663 Dicks Hollow Road (Route 608). The property is zoned RA (Rural Areas) District and is located in the Gainesboro Magisterial District. The use would be conducted in an existing structure at the rear of the property, which is located 54 feet from all property lines. The applicant originally requested three employees, but after the Planning Commission public hearing, he is requesting four employees. The site does have sufficient parking and this use would not have a negative impact on the adjoining properties. He concluded by saying that Mr. Heisey was present to answer any questions. Chairman Shickle convened the public hearing. There were no public comments. Chairman Shiekle closed the public hearing. Upon a motion by Supervisor Dove, seconded by Vice-Chairman Ewing, the Board approved Conditional Use Pernlit #09-05 with the following conditions: 1. All review agency comments shall be complied with at all times. 2. Any expansion or change of use shall require a new conditional use permit. 3. No retail sales of merchandise shall be permitted on site. 4. No more than four employees shall be permitted. 5. No business signs shall be permitted. The above motion was approved by the following recorded vote: Richard C. Shiekle Aye Charles S. DeHaven, Jr. Aye Gary W. Dove Aye Bill M. Ewing Aye Gene E. Fisher Aye Philip A. Lemieux Aye Barbara E. Van Osten Aye PUBLIC HEARING - TO CONSIDER PROPOSED MODIFICATIONS TO THE WESTERN JUBAL EARLY LAND USE PLAN (WJELUP), AN ELEMENT OF THE COMPREHENSIVE POLICY PLAN, INCLUDING THE EXPANSION OF THE URBAN DEVELOPMENT AREA (UDA) AND THE SEWER AND WATER Minute Book Number 31 Board of Supervisors Regular Meetiug of 01111106 267 SERVICE AREA (SWSA) BY 267 ACRES. THE UDAlSWSA EXPANSION IS COMPREHENSIVE POLICY PI_AN AMENDMENT (CPPA) REOUEST #08-04 (SOLENBERGER/BRIDGEFORTH PROPERTIES). THE WESTERJUBAL EARLY LAND USE PLAN COVERS PROPERTIES BOUNDED BY CEDAR CREEK GRADE (ROUTE 622) TO THE SOUTH, ROUTE 37 TO THE WEST, MERRIMAN'S LANE (ROUTE 621) AND THE CITY OF WINCHESTER TO THE NORTH AND THE CITY OF WINCHESTER TO THE EAST. THE SUBJECT PROPERTIES ARE IDENTIFIED BY PROPERTY IDENTIFICATION NUMBERS (PINS) 52-A-310, 53- A-90, 53-A-91. 53-A-92, 53-A-92A, 53-A-92B, 53-A-94, 53-A-95, 53-3-A, 53-3-Al. 63-A- 1 (ONLY THE PORTION EAST OF ROUTE 37), 63-A-IA, 63-AlE, 63-A-2A, 63-A-2B, 63-A-2D, AND 63-A-2L, IN THE SHAWNEE MAGISTERIAL DISTRICT - APPROVED Senior Planner Susan Eddy appeared before the Board regarding this item. She advised that this was a request to include 267 acres ofland into the Urban Development Area and the Sewer and Water Service Area as well as a modification to the West Jubal Early Land Use Plan and an extension of this plan to cover the entire parcel. The version ofthe land use plan being considered by the Board is dated November 22,2005 and includes all of the modifications requested by the Board of Supervisors. She went on to say that a majority ofthe land would be in residential use with a density of four (4) dwelling units per acre. There are also two areas designated for commercial use. The text of the plan calls for a site for school facilities. Another key component is transportation, which includes the extension of West Jubal Early Drive to Route 37. The Planning Commission held its public hearing on December 7, 2005 and recommended approval. Supervisor Ewing asked Senior Planner Eddy to go over the transportation proffers for this project. Senior Planner Eddy advised that nothing had been proffered at this point; however, the land use plan sets the parameters for the rezoning. Chairman Shickle asked how the Board's issues were addressed. Senior Planner Eddy advised that changes were made to the text of the land use plan. She again noted that all of the Board's requested changes were made. Evan Wyatt, Greenway Engineering, appeared before the Board on behalf of the Solenberger/Bridgeforth families. He advised that the families were accepting of the changes and the school site location was flexible. Chairman Shickle convened the public hearing. There were no public comments. Chairman Shickle closed the public hearing. Minute Book Number 31 Board of Supervisors Regular Meeting of 01111/06 268 Upon a motion by Supervisor Fisher, seconded by Supervisor Van Osten, the Board approved the modifications to the West Iubal Early Land Use Plan and CPPA #08-04. Supervisor Fisher stated thcre would be many more meetings when this project comes forward for rezoning, as there were a number of issues to be addressed. Supervisor Ewing echoed his remarks and stated that transportation was a big issue. There being no further discussion, the above motion was approved by the following recorded vote: Richard C. Shickle Aye Charles S. DeHaven, Jr. Aye Gary W. Dove Aye Bill M. Ewing Aye Gene E. Fisher Aye Philip A. Lemieux Aye Barbara E. Van Osten Aye OTHER PLANNING ITEMS SUBDIVISION REQUEST #022-05 OF LAKE HOLIDAY. SECTION 10 - APPROVED UNDER CONSENT AGENDA. This was a request for subdivision of3.35 acres into 14 single family detached traditional houses. The property is zoned R-5 (Residential Recreational Community) and is located along Master Drive within Scction 10, Lake Holiday, in the Gainesboro Magisterial. This item was approved under the consent agenda. SUBDIVISION REQUEST #33-05 OF TITAN VIRGINIA READY-MIX. LLC - APPROVED UNDER CONSENT AGENDA This was a request for subdivision of a 5.52 acre parcel. The property is zoned EM (Extractive Manufacturing) and is locatcd on the south side of Woodside Road (Route 671) in the Stonewall Magisterial District. This item was approved under the consent agenda. SUBDIVISION REQUEST #35-05 OF RICHARD AND DONNA DICK - APPROVED UNDER CONSENT AGENDA This was a request for subdivision of 64.6114 acres resulting in two lots: 3.161 acres with an existing single family dwelling and a 61.450 acre vacant parcel. The property is zoned R-4 (Residential Planned Community) District and is locatcd at 1600 Millwood Pike (Rt. 50) in the Shawnee Magisterial District. This item was approved undcr the consent agenda. Minute Book Number 31 Board of Supervisors Regular Meeting of 01111/06 269 DISCUSSION OF EASTERN ROAD PLAN - REFERRED TO THE TRANSPORTA nON COMMITTEE ROAD RESOLUTION (#039-06) RE: RA VENPOINTE, SECTION 5 - APPROVED UNDER CONSENT AGENDA WHEREAS, the streets described on the attached Additions Form SR-5A, fully incorporated herein by reference, are shown on plats recorded in the Clerk's Ot1ice of the Circuit Court of Frcderick County; and WHEREAS, the Resident Engineer of the Virginia Department of Transportation has adviscd this Board that the streets meet the requirements established by the Subdivision Street Requirements of the Virginia Department of Transportation; and WHEREAS, the County and the Virginia Department of Transportation have entered into an agreement on lune 9, 1993, for comprehensive stoffi1water detention which applies to this request for addition; and NOW, THEREFORE, BE IT RESOLVED, this Board requests the Virginia Department of Transportation to add the streets described in the attached Additions From SR5(A) to the secondary system of state highways, pursuant to 33.1-229, Code of Virginia, and the Department's Subdivision Street Requirements; and BE IT FURTHER RESOLVED, this Board guarantees a clear and unrestricted right-of- way, as described, and any necessary easements for cuts, fills, and drainagc; and BE IT FURTHER RESOLVED, that a certified copy ofthis rcsolution be forwarded to thc Resident Engineer for the Virginia Department of Transportation. This item was approved under the consent agenda. BOARD LIAISON REPORTS Supervisor Dove reported that the Economic Development Commission reviewed the consultant's report on target businesses for our area. They would like to do a presentation to the Board and City Council. CITIZEN COMMENTS There were no citizen comments. BOARD OF SUPERVISORS COMMENTS There were no Board of Supervisors comments. ADJOURN UPON A MOTION BY VICE CHAIRMAN EWING, SECONDED BY SUPERVISOR DOVE, THERE BEING NO FURTHER BUSINESS TO COME BEFORE THIS BOARD, THIS MEETING IS HEREBY ADJOURNED. (8:05 P.M.) Miuute Book Number 31 Board of Supervisors Regular Meeting of01l11!06 270 '- \LQ..J) ~ 0 CLJ...J Richard C. Shickle Chairman, Board of Supervisors ") /' rtJ , ~'~/;:^- Jo:lwR. Riley, Jr,( Clerk, Board of Supervisors Minutes Prepared By: (~~ ['-1ii Jay E. T bb . Deputy Clerk, Board of Supervisors Minute Book Number 31 Board of Supervisors Regular Meeting of 01l1l/06