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March 22, 2006 Regular Meeting 373 A Regular Meeting ofthe Frederick County Board of Supervisors was held on Wednesday, March 22, 2006 at 5: 15 P.M., in the Board of Supervisors' Meeting Room, County Administration Building, 107 North Kent Street, Winchester, Virginia. PRESENT Chairman Richard C. Shickle; Vice-Chairman Bill M. Ewing; Charles S. DeHaven, Jr.; Gary W. Dove; Gene E. Fisher; Philip A. Lemieux; and Barbara E. Van Osten. CALL TO ORDER Chairman Shickle cal\ed the meeting to order. BOARD RETIRED INTO CLOSED SESSION Upon a motion by Vice-Chairman Ewing, seconded by Supervisor DeHaven, the Board convened in Closed Session pursuant to Code qfVirginia, 1950, as amended Section 2.2-3711 A (7) and (5) to discuss legal matters and an economic development industrial prospect. The above motion was approved 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 BOARD RECONVENED INTO REGULAR SESSION Upon a motion by Vice-Chairman Ewing, seconded by Supervisor Van Osten, 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, 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 Van Osten, the Board certified that to the best of each board member's knowledge only Code of Virginia Section 2.2- 3 711 A (7) and (5) legal matters and economic development industrial prospect were discussed. The above motion was approved by the following recorded vote: Minute Book Number 31 Board of Supervisors Regular Meeting of 03/22/06 374 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. INVOCATION Supervisor Fisher delivered the invocation. PLEDGE OF ALLEGIANCE Vice-Chairman Ewing led the Pledge of Allegiance. ADOPTION OF AGENDA - APPROVED AS AMENDED County Administrator Rilcy advised that he had onc addition to the agenda, the ratification of the County Administrator's declaration ofa ban on open burning. This item would bc number 5 under County Officials. Upon a motion by Supervisor DeHaven, scconded by Supervisor Van Osten, the Board approved the agcnda as amendcd. The above motion was approved 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 AS AMENDED Administrator Riley offered the following item for the Board's consideration under the consent agenda: - Ratification of the emergency ban on open air burning. Upon a motion by Vice-Chairman Ewing, seconded by Supervisor Dove, the Board approved the conscnt agenda by the foIlowing recorded vote: Richard C. Shickle Aye Bill M. Ewing Aye Charles S. DeHaven, Jr. Aye Gary W. Dove Aye Minute Book Number 31 Board of Supervisors Regular Meeting of 03/22/06 375 Gene E. Fisher Aye Philip A. Lemieux Aye 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 Supervisor Fisher, the minutes from the March 8, 2006 meeting were approved 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 PUBLIC HEARING PROPOSED FISCAL YEAR 2006-2007 BUDGET Administrator Riley presented the County's FY 2007 Fiscal Plan. He advised that 71 % of the overall budget goes to schools and the remaining 29% goes to county government. The school enhancements include: Opening of the 11lh elementary school. 66.6 new positions full-time and part-time. Salary increase to move toward the survey group average. $4.8 million to continue operations and meet inflation. Administrator Riley went on to say that of the portion of the overall budget allocated to county government 73% goes to Public Safety. Public Safety funding has doubled since FY 2002. The public safety enhancements included in this year's budget are: Five (5) new deputies and related equipment. 17 new vehicles for the Sheriffs department. Equipment to connect various stations. New director for Public Communications Center. Minute Book Number 31 Board of Supervisors Regular Meeting of 03/22/06 376 - New GIS Technician. Employee enhancements included in the budget are: Continued 100% employer paid contribution to the Virginia Retirement System. Equivalent salary increases for all County employees. 100%, employee only, paid health insurance. Administrator Riley stated this proposed fiscal plan contains over $27 million in increased funding with no tax increase. The total per capita expenditures for FY 2007 are $1,771. He advised that of the $15 million in annual debt service, 92% is school debt. He then reviewed the community enhancements, which included increased funding for: NW Works Handley Regional Library Lord Fairfax Community College Winchester-Frederick Health Department Shelter for Abused Women Area Agency on Aging There is also included property tax relief for the elderly or disabled. Administrator Riley concluded by saying that the FY 2007 recognizes investments in education, service levels, and employees; and does not include a property tax increase. Chailman Shickle convened the public hearing. George Ludwig, Back Creek District and Chairman of the Handley Regional Library, thanked the Board for its support of the Library's budget and its staff He was happy that the Library's services have been recognized. Paula Costello, Executive Director of Help with Housing, advised that her organization's request for funding was denied. She explained that Help with Housing assists low income homeowners with emergency repairs. She requested that the Board fund their $5,000 request. Randy Jones, Help with Housing, asked the Board, on behalfofHelp with Housing clients, to fund their request. Pat Grasso, Red Bud District and President ofthe Frederick County Education Association, expressed her appreciation for the funding ofthc school budget. She stated the salary increases were Minute Book Number 31 Board of Supervisors Regular Meeting of 03/22/06 377 greatly needed, but there were still many areas of concern remaining. She concluded by asking the Board to not cut any funds. Trisha Stiles, Stonewall District, thanked the Board for its commitment to education in the County. She stated that the budget falls short ofthe Board's request by $1.1 million, but Frederick County Public Schools would operate its buildings and buses efficiently. Merriweather German, Shenandoah Valley Travel Association, requested the Board reconsider thc Association's request for $5,000 to assist with the promotion of tourism in the Shenandoah Valley. He went on to say that tourism in the valley is a $2 billion business, annually. John Lamanna, Shawnee District and member of the Frederick County School Board, expressed his appreciation for the local funding received in this year's budget. He also thanked Supervisor Fisher for the one-on-one meetings they have held during this process. He went on to say the planning period is essential for middle school students. He stated that salaries would be competitive with other jurisdictions, but the County must not lose sight of the need to retain valued employees. Stuart Wolk, Red Bud District and member ofthe Frederick County School Board, stated the budget process was rewarding in both the money received and the spirit of cooperation shown by both the School Board and the Board of Supervisors. He went on to say the funds are appreciated and he thanked the Board for funding. Larry VanHoose, Opequon District and Chairman of the Frederick County School Board, thanked the Board for its positive work on the budget and for the funding received. Dr. Bill Dean, Stonewall District and Superintendent of Schools, thanked the Board for the generosity of funds received. He urged vigilance and asked the Board not to reduce the proposed school funding. Chairman Shickle took a minute to express his sadness that this would be the last time Dr. Dean would be involved with the budget process due to his upcoming retirement. There being no further comments, Chairman Shickle closed the public hearing. COUNTY OFFICIALS COMMITTEE APPOINTMENTS REAPPOINTMENT OF VIRGINIA B. MCCLURE AS SHAWNEE DISTRICT REPRESENTATIVE ON THE HISTORIC RESOURCES ADVISORY BOARD - Minute Book Number 31 Board of Supervisors Regular Meetiug of 03/22/06 378 APPROVED Upon a motion by Supervisor Fisher, seconded by Supervisor DeHaven, the Board reappointed Virginia B. McClure to serve as Shawnee District representative on the Historic Resources Advisory Board. This is a four year term, said term to expire May 22, 2010. The above motion was approved 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 RESOLUTION (#054-06) RE: DESIGNATE ROUTE 618 (GOUGH ROAD) AS A RURAL RUSTIC ROAD - APPROVED Upon a motion by Supervisor Van Osten, seconded by Supervisor Dove, the Board approved the resolution designating Route 618 (Gough Road) as a Rural Rustic Road. WHEREAS, Section 33.1-70.1 ofthe Code o/Virginia, permits the improvement and hard surfacing of certain unpaved roads deemed to qualify for designation as a Rural Rustic Road; and WHEREAS, any such road must be located in a low-density development area and have a minimum of 50 vehicles per day (vpd), and have no more than 500 vpd; and WHEREAS, the Board of Supervisors of Frederick County, Virginia ("Board") desires to consider whether Route 618 (Gough Road), from: Route 622 (Cedar Creek Grade) to: Route 608 (Wardensville Grade) should be designated a Rural Rustic Road; and WHEREAS, the Board is unaware of pending development that will significantly affect the existing traffic on this road; and WHEREAS, the citizens that utilize this road have been made aware that this road may be paved with minimal improvements; and WHEREAS, the Board believes that this road should be so designated due to its qualifying characteristics; and WHEREAS, this road is in the Board's six-year plan for improvements to the secondary system of state highways. NOW, THEREFORE, BE IT RESOLVED, the Board hereby designates this road a Rural Rustic Road, and requests that the Residency Administrator for the Virginia Department of Transportation concur in this designation. BE IT FURTHER RESOLVED, the Board requests that this road be hard surfaced and, to the fullest extent prudent, be improved within the existing right of way and ditch lines to preserve as much as possible the adjacent trees, vegetation, side slopes, and rural rustic character along the road in their current state. BE IT FURTHER RESOLVED, that a certified copy ofthis resolution be forwarded to the Residency Administrator for the Virginia Department of Transportation. Minnte Book Number 31 Board of Supervisors Regular Meeting of 03/22106 379 The above motion was approved 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 MEMORANDUMRE: APPROVAL OF 65% DESIGN FOR FREDERICK COUNTY PUBLIC SAFETY BUILDING - APPROVED Administrator Riley advised that the Board had established three review points for the design of the public safety building, 35%, 65%, and 95%. Staff would bring the plan to the Board for review, approval, and an appropriation to pay for each design phase. He stated that the Board has previously approved and appropriated the funding for the 35% design. The Board has previously reviewed the 65% design and as a result, staff is requesting the Board take the following actions: Approve the 65% design of the public safety building. Appropriate $126,373 to cover the invoice for the 65% design phase. Authorize staff and the design team to proceed to the 95% design phase. Upon a motion by Supervisor Van Osten, seconded by Vice-Chairman Ewing, the Board approved the 65% design ofthe public safety building, appropriate $126,373 to cover the invoice for the 65% design phase, and authorize staff and the design team to proceed to the 95% design phase. The above motion was approved 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 RESOLUTION (#055-06) OF THE BOARD OF SUPERVISORS REOUESTING THE FREDERICK COUNTY INDUSTRIAL DEVELOPMENT AUTHORITY TO ISSUE LEASE REVENUE BONDS TO FINANCE VARIOUS PUBLIC SAFETY CAPITAL PROJECTS-APPROVED Upon a motion by Supervisor Dove, seconded by Supervisor DeHaven, the Board approved the Resolution ofthe Board of Supervisors Requesting the Frederick County Industrial Development Authority to Issue Lease Revenue Bonds to Finance Various Public Safety Capital Projects. Minute Book Number 31 Board of Supervisors Regular Meeting of 03/22/06 380 WHEREAS, the Board of Supervisors (the "Board") of the County of Frederick, Virginia (the "County") has determined that it is necessary and advisable to undertake the acquisition, construction, furnishing and equipping ofa new public safety building (the "Leased Project") and other public safety projects, including a new animal control facility (together with the Leased Project, the "Financed Projects") for the County, and to obtain financing for the Financed Projects through lease revenue bonds (the "Bonds") to be issued by the Industrial Development Authority of the County of Frederick, Virginia (the "Authority"). The County will lease the Leased Project back from the Authority pursuant to a financing lease between the Authority and the County (the "Financing Lease"). The Bonds will be payable solely from the revenues derived from the Financing Lease pursuant to which the County will agree to make rental payments, subject to annual appropriation, sufficient to pay the principal of and interest on the Bonds. WHEREAS, the Bonds will be issued pursuant to the following documents: (i) an Indenture of Trust between the Authority and a trustee to be selected by the county Administrator or the Director of Finance (the "Trustee"), with the form ofthe Bonds attached thereto; (ii) the Lease; (iii) the Financing Lease; (iv) a Leasehold Deed of Trust from the Authority to the individual trustees named therein; (v) an Assignment of Rents and Leases between the Authority and the Trustee; (vi) a Preliminary Official Statement (the "Preliminary Official Statement") and an Official Statement (the "Official Statement") with respect to the issuance and sale of the Bonds; and (vii) a Bond Purchase Agreement (the "Bond Purchase Agreement") among the County, the Authority and Morgan Keegan & Company, Inc. (the "Underwriter"). All ofthe documents listed above, except the Bonds, the Preliminary Official Statement and the Official Statement are referred to in this Resolution as the "Basic Documents". NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF THE COUNTY OF FREDERICK, VIRGINIA: 1. Issuance of Bonds. The County requests the Authority to issue its Bonds in the maximum aggregate principal amount of $23,00,000 to be paid fTOm revenues derived from payments made by the County pursuant to the Financing Lease. 2. Authorization of Basic Documents. The Bonds and the Basic Documents are approved in substantially the forms on file with the County Administrator, with such charges, insertions or omissions (including, without limitation, changes of the dates thereof) as may be approved by the Chairman of the Board or the County Administrator, whose approval shall be evidenced conclusively by the execution and delivery of the Basic Documents to which the County is a party. The execution and delivery of and performance by the County under the Bonds and the Basic Documents to which the County is a party are authorized. 3. Execution of Documents. The Chairman and the Vice Chairman ofthe Board and the County Administrator, or any ofthem, are authorized to execute on behalf ofthe County the Basic Documents to which the County is a party, and if required, the County Administrator and the Clerk ofthe Board are authorized and directed to affix or to cause to be affixed the seal of the County to the Basic Documents to attest such seal. The Chairman and the Vice Chairman of the Board, the County Administrator and the Director of Finance or their designees are authorized to execute and deliver on behalf of the County such instruments, documents or certificates, and to do and perform such things and acts, as they shall deem necessary or appropriate to carry out the transactions authorized by this Resolution or contemplated by the Basic Documents; and all of the foregoing, previously done or performed by such officers or agents of the County, are in all respects approved, ratified and confirmed. 4. Sale of Bonds. The County Administrator and the Chairman of the Board, or either of them, are authorized and directed to consent to the terms ofthe sale ofthe Bonds by the Authority to the Underwriters and to execute and deliver the Bond Purchasc Agreement, provided that (i) the true interest cost of the Bonds shall not exceed 5% (taking into account any original issue discount or premium), (ii) the aggregate principal amount of Minute Book Number 31 Board of Supervisors Regular Meeting of 03/22/06 381 the Bonds shall not exceed the amount set forth in paragraph I, (iii) the sale price ofthe Bonds to the Underwriters shall not be less than 99% ofthe aggregate principal amount thereof (not taking into account any original issue discount) and (iv) the final maturity of the Bonds shall not be later than 32 years from their date. The approval of such officer shall be evidenced conclusively by the execution and delivery of the Bond Purchase Agreement. 5. Disclosure Documents. The Preliminary Official Statement is approved in substantially the form on file with the Board, with such changes, insertions or omissions as approved by the County Administrator or the Finance Director. The County Administrator or the Finance Director, or either of them, is authorized and directed to prepare and deliver the Official Statement. The use and distribution of the Preliminary Official Statement and Official Statement by the Underwriter is authorized and approved. The County Administrator and the Finance Director are authorized to execute the Official Statement, if required. The Preliminary Official Statement and Official Statement shall be published in such publications and distributed in such manner, including by electronic distribution, and at such times as the County Administrator, or such officers and agents of the County as he may designate, shall determine. The County Administrator, or such other officer or agent ofthe County as he may designate, is authorized and directed to deem the Preliminary Official Statement and the Official Statement "final" for purposes of Securities Exchange Commission Rule 15c2-12. 6. Nature of Oblig:ations. Nothing in this Resolution, the Bonds or the Basic Documents shall constitute a debt ofthe County and the Authority shall not be obligated to make any payments under the Bonds or the Basic Documents except from payments made by or on behalf of the County under the Financing Lease. The Financed Projects are hereby declared to be essential to the efficient operation of the County, and the Board anticipates that the Financed Projects will continue to be essential to the operation ofthe County during the term ofthe Financing Lease. The Board, while recognizing that it is not empowered to make any binding commitment to make appropriations beyond the current fiscal year, hereby states its intent to make annual appropriations in future fiscal years in amounts sufficient to make all payments under the Financing Lease and hereby recommends that future Boards do likewise during the term of the Financing Lease. The County Administrator is directed to submit for each fiscal year a request to the Board for an appropriation to the Authority for an amount equal to the rental payments coming due under the Financing Lease for the next fiscal year. The County's obligations to make payments to the Authority pursuant to this Resolution shall be subject to and dependent upon annual appropriations being made from time to time by the Board for such purpose. Nothing in this Resolution, the Bonds or the Financing Lease shall constitute a pledge of the full faith and credit of the County. 7. Official Intent. The Board adopts this Resolution as a declaration of official intent for purposes of Treasury Regulations Section 1.150-2. 8. Effective Date. This Resolution shall take effect immediately. The above motion was approved 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 COMMITTEE REPORTS Minute Book Number 31 Board of Supervisors Regular Meeting of 03/22/06 382 FINANCE COMMITTEE REPORT - APPROVED The Finance Committee met in the Board of Supervisors ' Meeting Room at 107 North Kent Street on Wednesday, March 15,2006 at 8:00 a.m. Committee members Bill Ewing and Ron Hottle were absent. Item 7 was approved on consent agenda. Upon a motion by Vice Chairman Ewing, seconded by Supervisor Dove, the Board approved the consent agenda by the following recorded vote: Richard C. Shickle Aye Bill M. Ewing Aye Charles S. DeHaven, Jr. Aye Gary W. Dove Aye Gene E. Fisher Aye Philip A. Lemieux Aye Barbara E. Van Osten Aye 1. The Winchester-Frederick County Convention & Visitors Bureau requests a General Fund budget transfer in the amount of$lO.OOO. This amount represents funding needed to help offset the printing costs ofthe 2006 Winchester-Frederick County Visitor Guide. It is requested that this amount be transferred from the operational contingency line item. See attached memo, p. 1. The committee recommends approval. - Approved Upon a motion by Vice Chairman Ewing, seconded by Supervisor Lemieux, the Board approved the above request 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 2. The Planning Directorrequests a General Fund budget transfer in the amount of$13.000. This amount represents the cost of a new black/white copier. This copier was originally included in this department's FY 2007 budget request, however, it was one ofthe items cut during the budget process. It is requested that this amount be transferred from the operational contingency line item. See attached memo, p. 2-3. The committee recommends approval. - Approved Upon a motion by Vice Chairman Ewing, seconded by Supervisor DeHaven, the Board approved the above request by the following recorded vote: Richard C. Shickle Aye Bill M. Ewing Aye Charles S. DeHaven, Jr. Aye Gary W. Dove Aye Gene E. Fisher Aye Philip A. Lemieux Aye Barbara E. Van Osten Aye 3. The Planning Director requests a General Fund Balance reserve in the amount of $436.270. This amount represents matching funds from the VDOT Revenue Sharing Program for the construction ofInverlee Way. Funds will still be subject to appropriation prior to disbursement. See attached memo, p. 4. The committee recommends approval. - Approved Minute Book Nnmber 31 Board of Supervisors Regular Meeting of 03/22106 383 Upon a motion by Vice Chairman Ewing, seconded by Supervisor Lemieux, the Board approved the above request 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 4. The Superintendent ofthe Northwestern Regional Adult Detention Ccnter requests a Jail Fund supplemental appropriation from fund balance in the amount of $50,000 for heating services and other operating supplies. No additional local funds are needed. See attached memo, p. 5-6. The committee recommends approval. - Approved Upon a motion by Vice Chairman Ewing, seconded by Supervisor fisher, the Board approved the above request by the following recorded vote: Richard C. Shickle Aye Bill M. Ewing Aye Charles S. DeHaven, Jr. Aye Gary W. Dove Aye Gene E. fisher Aye Philip A. Lemieux Aye Barbara E. Van Osten Aye 5. The Superintendent ofthe Northwestern Regional Adult Detention Ccnter requests Jail Fund budget amendments that reflect an increased appropriation for merit and fringe reserve, a decrease in the state's per diem, an increase in compensation board funding and a decrease in billings to localities. See attached memo, p. 7-8. The committee recommends approval. - Approved Upon a motion by Vice Chairman Ewing, seconded by Supervisor DeHaven, the Board approved the above request by the following recorded vote: Richard C. Shickle Aye Bill M. Ewing Aye Charles S. DeHaven, Jr. Aye Gary W. Dove Aye Gene E. fisher Aye Philip A. Lemieux Aye Barbara E. Van Osten Aye 6. The Director of Court Services requests a Court Services Fund budget transfer in the amount of $21.333. This amount is needed for part-time help and repairs and maintenance. No additional local funds are needed. See attached memo, p. 9. The committee recommends approval. - Approved Upon a motion by Vice Chairman Ewing, seconded by Supervisor fisher, the Board approved the above request by the following recorded vote: Richard C. Shickle Aye Bill M. Ewing Aye Charles S. DeHaven, Jr. Aye Minute Book Number 31 Board of Supervisors Regular Meeting of 03/22/06 384 Gary W. Dove Aye Gene E. Fisher Aye Philip A. Lemieux Aye Barbara E. Van Osten Aye 7. The Director of Court Services requests a Court Services Fund supplemental appropriation in the amount of$4.612.75. This amount represents an insurance reimbursement for a furnace replacement and is requested to be appropriated to Repair and Maintenance - Buildings and Grounds. No additional local funds are needed. See attached memo, p. 1O-13. The committee recommends approval. - Approved Under Consent Agenda 8. At the last budget work session, the Board of Supervisors recommended continued discussion at the March Finance Committee meeting regarding disbursement ofF ire Program Funds, Fire Proffers and Four-For-Life Funds. The committee requested a written overview of these programs and discussions will continue at next month's meeting. 9. The Finance Director requests discussion on Frederick County's purchasing guidelines. See attached list, p. 14. The committee recommends that the minimum requirement for verbal quotes mirror the School Board's and that the minimum requirements for written quotes and sealed bids parallel the state of Virginia's requirements. - Approved Upon a motion by Vice Chairman Ewing, seconded by Supervisor DeHaven, the Board approved the above request by the following recorded vote: Richard C. Shickle Aye Bill M. Ewing Aye Charles S. DeHaven, Jr. Aye Gary W. Dove Aye Gene E. Fisher Aye Philip A. Lemieux Aye Barbara E. Van Osten Aye 10. The City Director of Transportation requests I) an FY 2007 budget amendment in the amount of$133.000 which represents the county's share of the operating costs to continue the transit and paratransit service in the county and 2) an FY 2007 budget amendment in the amount of$11.000 which represents the county's share of the purchase of two vehicles for the transit service. These requests will be reflected as an increase in the budget resolution. See attached memo, p. 15-21. The committee forwarded this request to the Transportation Committee. Committee Member Lofton abstained from voting. 11. The County Administrator requests discussion involving a Vehicle Maintenance Policy. See attached copy, p. 22-24. The committee recommends approval of the County Administrator's Vehicle Maintenance Policy. - Approved Upon a motion by Vice Chairman Ewing, seconded by Supervisor DeHaven, the Board approved the above request by the following recorded vote: Richard C. Shickle Aye Bill M. Ewing Aye Charles S. DeHaven, Jr. Aye Gary W. Dove Aye Gene E. Fisher Aye Philip A. Lemieux Aye Barbara E. Van Osten Aye ***For Information Only*** Minute Book Number 31 Board of Supervisors Regular Meeting of 03/22/06 385 The School Board is providing a student enrollment report. See attached memo, p. 25-26. PLANNING COMMISSION BUSINESS PUBLIC HEARING PUBLIC HEARING - REZONING #01-06 OF CLEARBROOKBUSINESS CENTER. SUBMITTED BY GREYWOLFE. INC.. TO REZONE 16.886 ACRES FROM RA (RURAL AREAS) DISTRICT TO B3 (INDUSTRIAL TRANSITION) DISTRICT WITH PROFFERS. THE PROPERTY IS LOCATED ON THE WEST SIDE OF ROUTE 11. APPROXIMATELY 2.000' NORTH OF HOPEWELL ROAD (ROUTE 672).AND IS IDENTIFIED BY PROPERTY IDENTIFICATION NUMBERS 33-A- 122A AND 33-A-123 IN THE STONEWALL MAGISTERIAL DISTRICT - APPROVED Senior Planner Susan Eddy appeared before the Board regarding this application. She advised this was a request to rezone 16.886 acres from RA (Rural Areas) District to B3 (Industrial Transition) District with proffers. The subject property is located on the west side of Martinsburg Pike in the Stonewall Magisterial District. The present use is agricultural and residential. The proposed use will be business/commercial. The site is located in the Sewer and Water Service Area and the Northeast Land Use Plan. The site is designated for business and office use. She went on to say that this proposal is generally consistent with the Northeast Land Use Plan. The applicant has proffered: 1. An additional ten feet of right-of-way along the entire frontage ofthe property. 2. Restrict the size and number of B3 uses. The Planning Commission received four letters of support from neighbors. Staff recei ved a phone call from an adjacent property owner who expressed his concerns about the project. The Planning Commission reviewed this application and recommended approval with the proffers submitted along with those included at the Planning Commission meeting. She noted the revised proffer statement is included in the Board's agenda packet. Chairman Shickle convened the public hearing. Harris Stein, Stonewall District, spoke in favor ofthis application. He stated the applicant has improved the property and he had no objection to the rezoning as long as the berm and trees were placed along the property line. There being no further comments, Chairman Shickle closed the public hearing. Upon a motion by Supervisor DeHaven, seconded by Supervisor Dove, the Board approved Rezoning #01-06. Minute Book Number 31 Board of Supervisors Regular Meeting of 03/22/06 386 WHEREAS, Rezoning #01-06 of Clearbrook Business Center, submitted by Grey Wolfe, Inc., to rezone 16.886 acres from RA (Rural Areas) District to B3 (Industrial Transition) District with proffers was considered. The property is located on the west side of Route 11, approximately 2,000' north of Hopewell Road (Route 672), in the Stonewall Magisterial District, and is identified by Property Identification Numbers (PINs) 33-A-122A and 33-A-123. WHEREAS, the Planning Commission held a public hearing on this rezoning on March I, 2006; and WHEREAS, the Board of Supervisors held a public hearing on this rezoning on March 22, 2006; and WHEREAS, the Frederick County Board of Supervisors finds the approval of this rezoning to be in the best interest of the public health, safety, welfare, and in conformance with the Comprehensive Policy Plan. NOW, THEREFORE, BE IT RESOLVED by the Frederick County Board of Supervisors that Chapter 165 of the Frederick County Code, Zoning, is amended to revise the Zoning District Map to change 16.886 acres from RA (Rural Areas) District to B3 (Industrial Transition) District with proffers, as described by the application and plat submitted, subject to the attached conditions voluntarily proffered in writing by the applicant and property owner. This ordinance shall be in effect on the date of adoption. The above motion was approved 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 PUBLIC HEARING - AN ORDINANCE TO AMEND THE FREDERICK COUNTY CODE. CHAPTER 144. SUBDIVISION OF LAND: ARTICLE V - DESIGN STANDARDS: SECTION 24C - LOT REOUlREMENTS. THIS IS A REOUEST FROM GREENWAY ENGINEERING REGARDING WAIVERS OF THE PUBLIC STREET REOUlREMENT FOR AGE-RESTRICTED COMMUNITIES. - APPROVED Zoning and Subdivision Administrator Mark Cheran appeared before the Board regarding this proposed ordinance amendment. He advised the Planning Commission, at its July 20, 2005 public hearing, made a minor change specifying that the private street system provide both a cross section (horizontal) and vertical section dimension base and pavement detail that mects or exceeds VDOT standards. In response to comments and issues raised by the Board of Supervisors, staffhas worked with the applicant to address the engineering aspects ofthe private road network. He went on to say that the new design standards would require the street be designed to meet VDOT horizontal and vertical cross section requirements. The roads will need to be inspected by a third party to certify that the design criteria have been implemented through the construction phase. He Minute Book Number 31 Board of Supervisors Regular Meeting of 03/22/06 387 concluded by saying the applicant has agreed to the VDOT design standards for roads in proffered aged-restricted communities and this proposed waiver would allow for gated communities. Evan Wyatt, Greenway Engineering, advised the ordinance had been sent to VDOT for review and they find the standards acceptable. Chairman Shickle convened the public hearing. There were no public comments. Chairman Shickle closed the public hearing. Upon a motion by Supervisor DeHaven, seconded by Supervisor Fisher, the Board approved the changes to Chapter 144, Section 24C, Subdivision of Land, Waiver of Public Road Requirements for Proffered Age-Restricted Communities. WHEREAS, An ordinance to amend Chapter 144, Subdivision of Land, Article V, Design Standards, Section 24(2)( c), to allow waiving of the public street requirements in proffered age- restricted communities 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 March 24,2005; and WHEREAS, the Planning Commission held a public hearing on this ordinance adoption on July 20, 2005; and WHEREAS, the Board of Supervisors held a public hearing on this ordinance adoption on March 22, 2006; 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 RESOLVED by the Frederick County Board of Supervisors that Chapter 144, Subdivision of Lane, Article V, Design Standards, Section 24(2)(c), is amended to allow waiving of the public street requirements in proffered age-restricted communities. This amendment is amended as described on the attachment. S 144-24C. Lot Access (2)( c) The Board of Supervisors may provide a waiver to the public street requirement specified in Section 144-24Cto allow for a complete system of private streets within proffered age-restricted communities. This waiver may be requested by the applicant during the consideration of a Rezoning Application or during consideration of the Master Development Plan. The applicant is required to provide a conceptual design which demonstrates the proposed private street system layout and provides both the cross section (horizontal and vertical) section dimensional base and pavement detail that meets or exceeds VDOT standards as a condition of requesting approval of a waiver by the Board of Supervisors. This ordinance shall be in effect on the day of adoption. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Minute Book Number 31 Board of Supervisors Regular Meeting of 03/22/06 388 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 OTHER PLANNING ITEMS MEMORANDUM OF UNDERSTANDING BETWEEN THE FREDERICK COUNTY CONSERVATION EASEMENT AUTHORITY. THE COUNTY OF FREDERICK. VIRGINIA. AND THE VIRGINIA OUTDOORS FOUNDATION - REFERRED BACK TO STAFF AND EASEMENT AUTHORITY FOR REVISION Senior Planner Susan Eddy appeared before the Board regarding this item. She advised this was a request from the Conservation Easement Authority for approval of a cooperative agreement between the Board, Frederick County Conservation Easement Authority, and the Virginia Outdoors Foundation. The proposed agreement outlines the standards to be followed for the co-holding of easements. She briefly reviewed the advantages of co-holding easements and stated this agreement would allow the County to co-hold with the Virginia Outdoors Foundation. She explained the agreement merely sets up the terms for holding easements, but the Board would not be reviewing or accepting any easements this evening. She concluded by saying the primary responsibility for reviewing easements lies with staff and the easement authority. Supervisor Dove asked if another employee would be needed to inspect the easements. Senior Planner Eddy responded that would depend on the number of easements the County accepts. She stated there was a time commitment on the part of staff. Assistant County Administrator Tierney stated that he did not believe this agreement has an impact on staff time. Supervisor Van Osten stated that during the establishment ofthis authority Board consensus was to co-hold easements with another entity. She went on to say that the Virginia Outdoors Foundation is a state agency and is well suited to hold easements with the County. Senior Planner Eddy explained that the ordinance establishing the authority states the authority would look for co-holders. Chairman Shickle stated that he thought the authority would funnel easements to the Virginia Outdoors Foundation and/or other entities, but this did not unfold as he thought it would. He went on to say that he only saw the easement authority acting as an easement holder ifno one else was Minute Book Number 31 Board of Supervisors Regular Meeting of 03/22/06 389 available. Supervisor Fisher stated that he had a similar memory and suggested this agreement be sent back to the authority for more input and discussion. He went on to say there were a number of issues to discuss with the authority. He stated that in a co-hold there should be equal responsibility and the County should not be the primary responsible party. Supervisor DeHaven expressed his support for Supervisor Fisher's thoughts; however, he felt this program was a win-win for the citizens and he felt the Board and authority should continue to look for a resolution. He concluded by saying that he would like to see this agreement come back to the Board in a form that could be supported. Faye Cooper, Virginia Outdoors Foundation, stated that her office had provided the template for this agreement and they stood ready to partner with the County in whatever way necessary. She went on to applaud the County's efforts and again stated the Foundation's willingness to work with the County. She concluded by saying that she thought this agreement was modeled after a similar agreement being considered by Clarke County. Chairman Shickle asked about the Open Space Lands Preservation Trust Fund Application discussed in Section 4 of the agreement. Ms. Cooper responded that this was a special fund administered by the Foundation, which requires the Virginia Outdoors Foundation to co-hold any easements purchased with these monies. Chairman Shickle asked ifthe Foundation would always look to co-hold easements. Ms. Cooper responded the Foundation would not always look to co-hold, but they are open to co-holding. She went on to say that most oftheir easements were not co-held. She concluded by saying that Clarke County was considering an agreement similar to this one. Supervisor Fisher stated that he supported what the County and authority were about, but he wanted to give input to the authority in order to improve the relationship with the Grantor. Supervisor Van Osten stated the genesis of this agreement tonight was an interested landowner who is pursuing an easement, but wants the County to be involved. Senior Planner Eddy explained the authority had received its first application and the applicant would like the Virginia Outdoors Foundation, Frederick County, and the Easement Authority to co-hold the easement. She asked the board members to speak specifically to her so she Minute Book Number 31 Board of Supervisors Regular Meeting of 03/22/06 390 could take the concerns and suggestions to the Authority. She went on to explain that as the ordinance is currently written, the County must co-hold everything with the easement authority. She stated she could talk to legal counsel Bob Mitchell to see if the ordinance needs to be revised. Supervisor DeHaven suggested the Board get their comments to staff for coordination and distribution in order to reach a comfort level with this agreement. The Board consensus was to follow Supervisor DeHaven's suggestion. DISCUSSION OF MCCLUNG LOGAN SITE PLAN - INFORMA TION ONLY - NO ACTION TAKEN Planner II Candice Perkins appeared before the Board regarding this item. She advised this site plan is being presented to the Board for its review due to possible implications on the proposed route for Route 37. The proposed site plan does not accommodate the Route 37 right-of-way. She went on to say that in the future all site plans and subdivision plans which impact the right-of-way of Route 37 will be presented to both the Planning Commission and Board for their review. She stated that the property is located on Kentmere Court in the Stonewall Industrial Park in the Stonewall Magisterial District. She concluded by saying that this plan is being presented for informational purposes and no action is required. Chairman Shickle stated that it distressed him that the County did not have location for Route 37 and he was being presented with a site plan, but not being asked to vote on it. He went on to say that he feels strongly about Route 37, but does not know where it goes. He concluded by saying that he was not sure how to put the pieces together. Planning Director Eric Lawrence advised the County did not have the option of not approving the site plan because it meets the ordinance requirements. He went on to say that staff would be bringing other development plans to the Board as information so everyone will know what it going on in that proposed corridor. Supervisor Fisher stated that the important issue was the owner/developer has knowledge that the property might be impacted by Route 37. BOARD LIAISON REPORTS Supervisor Van Osten reported the conservation easement brochure has been sent out and the Authority would host a meeting for residents who own 50 acres or more of land. The meeting will be April 3, 2006. Minute Book Number 31 Board of Supervisors Regular Meeting of 03/22/06 391 She also reported the Consolidation Committee held three of its four public input mectings. The last meeting will be tomorrow at James Wood High School. CITIZEN COMMENTS Gary Oates, Stonewall District, addressed three items: I. It is not too late for the County to layout and adopt and alignment for Route 37 corridor C. The County could then downzone the property to RA (Rural Areas) District. He advised this would prevent a lot of building within the corridor and he urged the Board to look into this option. 2. He is disturbed that land can be rezoned faster than it can be saved by placing it in an agricultural district. He stated the Red Bud Ag District was started in September and has not yet been approved. 3. He thanked the Board for their hard work on the budget. 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. (9:00 P.M.) \L..CL--Q ~~ Richard Coo Shickle Chairman, Board of Supervisors J~~!~ Clerk, Board of Supervisors Minutes Prepared By: Jay. bs Deputy Clerk, Board of Supervisors Minute Book Number 31 Board of Supervisors Regular Meeting of 03/22/06