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March 08, 2006 Regular Meeting 358 A Regular Meeting ofthe Frederiek County Board of Supervisors was held on Wednesday, March 8, 2006, at 6:00 P.M., in the Board of Supervisors' Meeting Room, County Administration Building, 107 North Kent Street, Winchester, Virginia. PRESENT Chairman Richard C. Shickle; Vice Chairman Bill M. Ewing; Charles S. DeHaven, Jr.; Gary W. Dove; Gene E. Fisher; Philip A. Lemieux; and Barbara E. Van Osten. CALL TO ORDER Chairman Shickle called the meeting to order. BOARD RETIRED INTO CLOSED SESSION Upon a motion by Vice Chairman Ewing, seconded by Supervisor Van Osten, the Board convened in Closed Session pursuant to Code of Virginia, 1950, as Amended Section 2.2-3711 A (7) to discuss legal matters. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Bill M. Ewing Aye Charles S. DeHaven, Ir. Aye G~ry W. Dove Aye Gene E. Fisher Aye Philip A. Lemieux Aye Barbara E. Van Osten Aye BOARD RECONVENED INTO REGULAR SESSION Upon a motion by Vice Chairman Ewing, Seconded by Supervisor Dove, the Board reconvened into regular session. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Bill M. Ewing Aye Charles S. DeHaven, Ir. Aye Gary W. Dove Aye Gene E. Fisher Aye Philip A. Lemieux Aye Barbara E. Van Osten Aye Upon a motion by Vice Chairman Ewing, seconded by Supervisor DeHaven, the Board certitied that to the best of each board member's knowledge only Code of Virginia Section 2.2-3711 A (7) legal matters were discussed. The above motion was approved by the following recorded vote: Minute Book Number 31 Board of Supervisors Regular Meeting of 03/08/06 359 Richard C. Shickle Aye Bill M. Ewing Aye Charles S. DeHaven, Jr. Aye Gary W. Dove Aye Gene E. Fisher Aye Philip A. Lemieux Aye Barbara E. Van Osten Aye CALL TO ORDER Chairman Shickle called the regular meeting to order. INVOCA nON Supervisor Dove delivered the invocation. PLEDGE OF ALLEGIANCE Vice Chairman Ewing led the Pledge of Allegiance. ADOPTION OF AGENDA - APPROVED County Administrator John R. Riley, Jr. advised that he had no additions to the agenda. Upon a motion by Supervisor Dove, seconded by Supervisor DeHaven, the Board approved the agenda by the following recorded vote: Richard C. Shickle Aye Bill M. Ewing Aye Charles S. DeHaven, Jr. Aye Gary W. Dove Aye Gene E. Fisher Aye Philip A. Lemieux Aye Barbara E. Van Osten Aye CONSENT AGENDA - APPROVED Administrator Riley offered the following items for the Board's consideration under the consent agenda: Parks & Recreation Commission Report - Tab E; Transportation Committee Report - Tab F; Road Resolution - Stoneymeade, Phase Two - Tab 1. Upon a motion by Supervisor Fisher, seconded by Supervisor Dove, the Board approved the consent agenda by the following recorded vote: Richard C. Shickle Aye Bill M. Ewing Aye Charles S. DeHaven, Jr. Aye Gary W. Dove Aye Gene E. Fisher Aye Philip A. Lemieux Aye Minute Book Number 31 Board of Supervisors Regular Meeting of 03/08/06 360 Barbara E. Van Osten Aye CITIZEN COMMENTS There were no citizen comments. BOARD OF SUPERVISORS COMMENTS There were no Board of Supervisors' comments. MINUTES-APPROVED Upon a motion by Supervisor Dove, seconded by Vice Chairman Ewing, the Board approved the minutes from the February 15,2006 Budget Worksession by the following recorded vote: Richard C. Shickle Aye Bill M. Ewing Aye Charles S. DeHaven, Jr. Aye Gary W. Dove Aye Gene E. Fisher Aye Philip A. Lemieux Aye Barbara E. Van Osten Aye Upon a motion by Vice Chairman Ewing, seconded by Supervisor Dove, the Board approved the minutes from the February 20,2006 Budge Worksession by the following recorded vote: Richard C. Shickle Aye Bill M. Ewing Aye Charles S. DeHaven, Jr. Aye Gary W. Dove Aye Gene E. Fisher Aye Philip A. Lemieux Aye Barbara E. Van Osten Aye Upon a motion by Supervisor Van Osten, seconded by Vice Chaim1an Ewing, the minutes from the February 22, 2006 Regular Meeting were approved with corrections. The above motion was approved by the following recorded vote: Richard C. Shiekle Aye Bill M. Ewing Aye Charles S. DeHaven, Jr. Aye Gary W. Dove Aye Gene E. Fisher Aye Philip A. Lemieux Aye Barbara E. Van Osten Aye COUNTY OFFICIALS RANDY JONES OF ROBINSON. FARMER. COX ASSOCIATES. TO ADDRESS THE BOARD RE: COMPREHENSIVE ANNUAL FINANCIAL REPORT (CAFR) Randy Jones, Robinson, Farmer, Cox Associates, appeared before the Board regarding the County's Comprehensive Annual Financial Report (CAFR). Mr. Jones advised that there were no Minute Book Number 31 Board of Supervisors Regular Meeting of 03/08/06 361 findings or matters of non-compliance. All audit findings have been discussed with the Audit Committee and department heads and corrective actions are being implemented. DAVE ZIEGLER. EXECUTIVE DIRECTOR. OUR HEALTH. TO ADDRESS THE BOARD RE: UPDATE ON OUR HEALTH. PHASE II David Ziegler, Executive Director, Our Health, appcared before the Board to provide an update on Phase II of Our Health, Inc. This project includes a four-story, 55,000 to 60,000 square foot, facility to be constructed on either adjoining property or on the campus green space and parking lot. The proposed budget for this project was $12.85 million with financing to be provide by a bond issuance from the Winchester Industrial Development Authority. COMMITTEE APPOINTMENTS REAPPOINTMENT OF ROBERT P. MOWERY TO SERVE AS A MEMBER OF THE FREDERICK COUNTY SANITATION AUTHORITY - APPROVED Upon a motion by Supervisor Dove, seconded by Supervisor Fisher, the Board reappointed Robert P. Mowery to serve as a member of the Frederick County Sanitation Authority. This is a four year appointment, said term to expire April 15, 2010. The above motion was approved by the following recorded vote; Richard C. Shickle Aye Bill M. Ewing Aye Charles S. DcHaven, Jr. Aye Gary W. Dove Aye Gene E. Fisher Aye Philip A. Lemieux Aye Barbara E. Van Osten Aye REAPPOINTMENT OF JEFF BUTLER TO SERVE AS STONEWALL DISTRICT REPRESENTATIVE ON THE PARKS AND RECREATION COMMISSION - APPROVED Upon a motion by Supervisor DeHaven, seconded by Supervisor Dove, the Board reappointed Jeff Butler to serve as Stonewall District representative on the Parks and Recreation Commission. This is a four year appointment, said term to expire May 14,201 O. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Bill M. Ewing Aye Charles S. DeHaven, Jf. Aye Gary W. Dove Aye Gene E. Fisher Aye Philip A. Lemieux Aye Barbara E. Van Osten Aye Minute Book Number 31 Board of Supervisors Regular Meeting of 03/08/06 362 CLOSING OF COUNTY OFFICES FOR APPLE BLOSSOM FESTIVAL AND SCHEDULING OF BOARD MEETINGS DURING SUMMER MONTHS - APPROVED Upon a motion by Supervisor Van Osten, seconded by Supervisor DeHaven, the Board approved closing the County offices on Friday, May 5,2006 for the 79th Shenandoah Apple Blossom Festival and canceled the July 12, 2006, August 9, 2006, and October 25, 2006 Board of Supervisors' meetings. The above motion was approved by the following recorded votc: Richard C. Shickle Aye Bill M. Ewing Aye Charles S. DeHaven, Jr. Aye Gary W. Dove Aye Gene E. Fisher Aye Philip A. Lemieux Aye Barbara E. Van Osten Aye COMMITTEE REPORTS PARKS AND RECREATION COMMISSION REPORT - APPROVED UNDER CONSENT AGENDA The Parks and Recreation Commission met on February 21,2006. Members prcsent were: Charles Sandy, Jr., Robert Hartman, P.W. Hillyard, III, Martin Cybulski, Larry Sullivan, Jeffrey Butler, Philip Lemieux. Items Rcquirin~ Board of Supervisors Action: 1. None Submitted for Board Information Only: 1. Election of Vice Chairman - Mr. Hillyard moved to nominate Mr. Charles Sandy, Jr. as Vice Chairman, seconded by Mr. Hartman, earried unanimously (6-0). 2. Easement Request - Mr. Sandy moved to postpone the sewer easement request on the north side of Sherando Park submitted by Foltz Land Surveying, Ine. until the March 2006 Commission meeting, seeond by Mr. Hartman, earried unanimously (6-0). 3. Work Pro\:ram - Mr. Sandy moved to approve the work program as submitted, second by Mr. Hartman, carried unanimously (6-0). 4. Overnie:ht Softball Tournaments - Mr. Hartman moved to leave the overnight softball tournament policy as written with the number of overnight tournaments to be left to the discretion of the Director, seeond by Mr. Sandy, carried unanimously (6-0). Standing Committee Reports 1. None TRANSPORTATION COMMITTEE REPORT - APPROVED UNDER CONSENT AGENDA Minute Book Number 31 Board of Supervisors Regular Meeting of 03/08/06 363 The Transportation Committee met on Tuesday, February 28, at 10:00 a.In. All members were present, with the exception of the liaisons form Middletown and Stephens City. ***Items Requiring Action*** No item requiring action from the February 28, 2006 meeting. ***Items Not Requiring Action*** 1. Committee Member Introduction and Priorities The Chairman welcomed the committee members and guests and then proceeded to have attendees introduce themselves and begin the discussion of priorities as compiled through a polling ofthe individual committee members. Priorities Assembled Prior to the meeting (no particular order) I. Route 37 2. Completion of Route 37 from Kernstown to 522 3. Incorporation of Route 37 into the Interstate Highway System 4. Route 277 5. Exit 307 6. Committee need to give Long Term Guidance to the Board for needed transportation improvements without consideration of cost. 7. Consideration oflower cost capacity improvements 8. Way-finding signage to ease east/west movements Additional priorities that were identified at the meeting include the following: 1. Inclusion of the consideration of alternativc modes in County transportation planning. 2. Addition of a parallel roadway to Route 277 that connects to the relocated Exit 307 interchange. 2. Route 37 Location and Ri\:ht-of-Way The committee discussed the development pressures facing the Route 37 corridor. Staff updated the committee on the Board of Supervisors action on February 22, 2006, which requested the committee to review the potential paths of Route 37 as they relate to the proposed Redbud Agricultural and Forestal District. Staff informed the committee that the work to accompany that direction is in the process of being completed. Once that work has been completed, staff will report to the committee so that they may act upon this issue. 3. Route 277 and Exit 307 Relocation and Ri~ht-of-Way The committee discussed the development pressures facing the Route 277 extension and the Exit 307 relocation. The issue was raised of the possibility of constructing a parallel roadway to Route 277 connecting to Route 522. The Chairman stated that is an important possibility, but that it should be a separate issue from the current topic. Staff is gathering more information surrounding these projects for the committee to review. 4. Revenue Sharin!! Priorities Staff updated the committee on their work with VDOT in identifying potential projects for revenue sharing in the coming application cycle. The committee considered the following list: Construction of four lane cross section from Warrior Drive to Route 522 Route 657 (Senseny Road) - PE and right-of-way funds between Rt. 656 and the Clarke County Line Minute Book Number 31 Board of Supervisors Regular Meeting of 03/08106 364 - Route 522 relocation (Ryco Lane) - Route 522 North - Left turn lane at Bethel Lutheran Church crossover - Route 659 (Yalley Mill Road) connection to Route 7 YDOT staff informed the committee that the application deadline for the revenue sharing program has not yet been set for this cycle due to legislation that is being considered to increase the program funding. PLANNING COMMISSION BUSINESS PUBLIC HEARINGS PUBLIC HEARING - REZONING #12-05 FOR VILLAGES AT ARTRIP, SUBMITTED BY DEWBERRY, TO REZONE 169.924 ACRES FROM RA (RURAL AREAS) DISTRICT TO R4 (RESIDENTIAL PLANNED COMMUNITY) DISTRICT FOR THE PROPOSED MIXED USE DEVELOPMENT OF 793 RESIDENTIAL UNITS AND RETAIL. RESTAURANT AND OFFICE USES. THE PROPERTY IS LOCATED ONE MILE WEST OF INTERSTATE 81, THREE OUARTERS MILE NORTH OF TASKER ROAD (ROUTE 649), 150 FEET NORTH OF FAIR LAWN COURT (ROUTE 1176). AND WEST OF CANTER ESTATES SECTION V, AND IS IDENTIFIED BY PROPERTY IDENTIFICATION NUMBER (PIN) 75-A-99A, IN THE SHAWNEE MAGISTERIAL DISTRICT. - (CANCELED FOR THIS MEETING.) PUBLIC HEARING - 2006-2007 CAPITAL IMPROVEMENT PLAN (CIP). THE CIP IS A PRIORITIZED LIST OF CAPITAL PROJECTS REOUESTED BY VARIOUS COUNTY DEPARTMENTS AND AGENCIES. AS REVIEWED FOR CONFORMANCE WITH THE COMPREHENSIVE POLICY PLAN. AND IS REVIEWED FOR POTENTIAL ALLOCATION IN THE ENSUING FIVE-YEAR PERIOD. THE PLAN IS CREATED AS AN INFORMATIONAL DOCUMENT TO ASSIST IN THE DEVELOPMENT OF THE COUNTY'S ANNUAL BUDGET. THE CIP IS AN ADVISORY DOCUMENT: PROJECTS ARE NOT NECESSARILY FUNDED BECAUSE OF THEIR INCLUSION IN THE CIP. - (RESOLUTION #052- 06) - APPROVED Planning Technician Kevin T. Henry appeared before the Board regarding this item. He advised that the 2006-2007 Capital Improvement Plan contains 46 projects of which 9 are new. The Comprehensive Plans and Programs Subcommittee endorsed this plan at its November 14,2005 meeting. The Planning Commission recommended approval of the plan at its February 13,2006 The Board of Supervisors is being asked to endorse the proposed Capital Improvement Plan. Chairman Shicklc convened the public hearing. There were no public comments. Chairman Shicklc closed the public hearing. Upon a motion by Supervisor Yan Osten, seconded by Supervisor Dove, the Board approved the 2006-2007 Capital Improvement Plan. WHEREAS, the Frederick County Planning Commission held a public hearing on the proposed 2006-2007 Capital Improvement Plan (CIP) for Frederick County on February 15,2006; and Minute Book Number 31 Board of Supervisors Regular Meeting of 03/08/06 365 WHEREAS, the Frederick County Planning Commission recommended approval of this plan at their regular meeting on February 15,2006; and WHEREAS, the Frederick County Board of Supervisors held a public hearing on this plan during their regular meeting on March 8, 2006; and .WHEREA~, th~ Frederick County Board of Supervisors supports the priorities for capital expenditures contallled III the Capital Improvements Plan (CIP) and has determined that the projects contained in the Capital Improvements Plan (CIP) conform to the Frederick County Comprehensive Policy Plan. NOW, THEREFORE, BE IT ORDAINED, by the Frederick County Board of Supervisors as follows: The Frederick County Board of Supervisors hereby approves the 2006-2007 Capital Improvements Plan (CIP) for Frederick County, Virginia. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Bill M. Ewing Aye Charles S. DeHaven, JI. Aye Gary W. Dove Aye Gene E. Fisher Aye Philip A. Lemieux Aye Barbara E. Van Osten Aye OTHER PLANNING ITEMS ROAD RESOLUTION (#053-06) - STONEYMEADE. PHASE TWO - APPROVED UNDER CONSENT AGENDA WHEREAS, the streets described on the attached Additions Form A.M.-4.3, fully incorporated herein by referencc are shown on plats recorded in the Clerk's Omce of the Circuit Court of Frederick County; and WHEREAS, the Resident Engineer of the Virginia Department of Transportation has advised 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 June 9, 1993, for comprehensive stormwater 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 Form SR-5(A) to the secondary system of state highways, pursuant to 33. I -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, tills, and drainage; and BE IT FURTHER RESOLVED, that a certified copy of this resolution be forwarded to the Resident Engincer for the Virginia Department of Transportation. BOARD LIAISON REPORTS SANIT A TION AUTHORITY REPORT Minute Book Number 31 Board of Supervisors Regnlar Meeting of 03/08106 366 Supervisor Fisher reported that the Frederick County Sanitation Authority was proposing an increase in connection fees and water and sewer charges. The increased connection fees reflect the cost of capital improvements such as the upgrade to the Parkins Mill Treatment plant, the administration building, the master plan, etc. The proposed connection fees are: July 2006 January 2007 Water Sewer $2,597 $3,103 $ 8,771 $ll,181 The proposed service charges are: The current water rates appear to be stable. Sewer rates are proposed to increase over the next five years starting in January 2006 at $3.05/1 ,000 gallons to January 2010 at $4.29/1,000 gallons. Supervisor Fisher also reported on the issues facing the reissuance of the Opequon Plant permit. Previously the plant held a two tier permit; however, the new permit will not be two tier and will be at a lower service level than the plant is currently permitted to discharge. The impact on the Frederick Winchester Service Authority will be a facility that will be under utilized because of the limited pennit. He concluded by saying that the Board needs to talk to its state representatives at some point. Chairman Shickle stated this information confirmed a rumor he had heard and he felt somewhat trustrated. He stated that the Board needed an explanation as to why there was a good reason for doing this. Administrator Riley advised that staff had informally contacted Delegate Athey to ask for his assistance in this matter. CITIZEN COMMENTS Jim Ott, Opequon District, stated the County needed an ordinance to address guineas. He advised that his neighbor owns several guineas, which chase his cats and dogs and leave droppings on his walkway. There is presently no ordinance in Frederick County to address this issue. He advised that other localities have cnacted ordinances to address this type of problem. He went on to say that he had talked with his neighbor, but to no avail. He concluded by asking the Board to take some type of action in order to prevent this problem. Minute Book Number 31 Board of Supervisors Regular Meeting of 03/08/06 367 BOARD OF SUPERVISORS COMMENTS Supervisor Ewing formally requested that the Board look into this issue. Chairman Shickle referred this matter to the Code and Ordinance Committee. ADJOURN UPON A MOTION BY VICE CHAIRMAN EWING, SECONDED BY SUPERVISOR DEHAVEN, THERE BEING NO FURTHER BUSINESS TO COME BEFORE THIS BOARD, THIS MEETING IS HEREBY ADJOURNED. (7:50 P.M.) \2 - Q Q ~ 0 ..e. J.-.-j Richard C. Shickle Chairman, Board of Supervisors ~tr.!^ ~ Clerk, Board of Supervisors Minutes Prepared By: ~ f~. '-1;U JayE.Ti s Deputy Clerk, Board of Supervisors Minute Book Number 31 Board of Supervisors Regular Meeting of 03/08106