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HomeMy WebLinkAboutApril 12, 2006 Regular Meeting 392 A Regular Meeting ofthe Frederick County Board of Supervisors was held on Wednesday, April 12, 2006, at 7: 15 P.M., in the Board of Supervisors' Meeting Room, County Administration Building, 107 North Kent Street, Winchester, Virginia. PRESENT Chairman Richard C. Shickle; Vice-Chairman Bill M. Ewing; Charles S. DeHaven, Ir.; Gary W. Dovc; Gene E. Fisher; and Barbara E. Van Osten. ABSENT Phillip A. Lemieux. CALL TO ORDER Chairman Shickle callcd the meeting to order. INVOCATION Supervisor Dove delivered the invocation. PLEDGE OF ALLEGIANCE Vice Chairman Ewing led the Pledge of Allegiance. ADOPTION OF AGENDA - APPROVED AS AMENDED County Administrator Iohn R. Riley, Ir. advised that he had one addition to the agenda. He added the cancellation of the April 26, 2006 public hearing for the Russell-Glendobbin Rezoning Application. This would be item number 10 under County Officials. Upon a motion by a motion by Supervisor Dove, seconded by Supervisor DeHaven, the Board approved the agenda as amended. The above motion was approved by the following recorded vote: Richard C. Shickle Bill M. Ewing Charles S. DeHaven, Jr. Gary W. Dove Gene Fisher Philip A. Lemieux Barbara E. Van Osten Aye Aye Aye Aye Aye Absent Aye CONSENT AGENDA - APPROVED Administrator Riley offered the following tabs for the Board's consideration under the Consent Agenda: Proclamation Re: Designate ApriI9-l5, 2006 as National Tc1ecommunicator's Week - Tab D. , Minute Book Number 31 Board of Supervisors Regular Meeting of 04/12/06 393 Proelamation Re: Designate April 20-23, 2006 as KOVAR Weekend. (The Knights of Virginia Assistance for the Retarded). - Tab E; Proclamation Re: Designate April 21-28, 2006 as disAbility Awareness Week - Tab F; Parks and Recreation Commission Report - Tab J; Road Resolution - Glendobbin Ridge Subdivision - Tab W. Upon a motion by Vice Chairman Ewing, seconded by Supervisor Van Osten, the Board approved the consent agenda by the following recorded vote: Richard C. Shickle Bill M. Ewing Charles S. DeHaven, Jr. Gary W. Dove Gene Fisher Philip A. Lemieux Barbara E. Van Osten Aye Aye Aye Aye Aye Absent Aye CITIZEN COMMENTS Chris Allison, Stonewall District and Lake Holiday Country Club Board President, appeared before the Board in support of the Lake Holiday asset transfer. He thanked the Board for considering this resolution of support. He advised that the LHCC board unanimously supports the transaction between Lake Holiday and Aqua Lake Holiday and completion of this transaction would make Lake Holiday a premier community. He concluded by thanking thc Board for their support. Ben Butler, Attorney for BFI, appeared before the Board, read a portion ofthe following statement and asked that the entire statement be entered into the record: "Chairman Shickle and members of the Board, my name is Ben Butler, and I am counsel to Allied Waste, which does business locally under the name BFI. I stand before you ton ight to share BFI' s deep concern over resolutions intended to terminate the 25- year relationship between the County and BFI, and to replace BFI with Waste Management as the County's solid waste hauler. BFI learned of the resolutions only 48 hours ago based on a review ofthe County's website. The precipitous step ofterminating this long-standing partnership, one that has served the 60,000 or so residents of this County for so long, would be a grave mistake for several reasons: First, these resolutions result from an inherently unfair process. The County arrived at BFI's Winchester Division on August 26, 2005, and took almost all ofBFI's business records and most ofBFI's computers. Since then, despite our request, the Commonwealth's Attorney's Office has refused to allow BFI to obtain copies ofthe records that appear to be the basis for the claim that BFI breached Section 5-3 ofthe Contract. Nor has the Commonwealth's Attorney's Office allowed BFI an opportunity to respond to any such information. Rather, as we understand it from the press (specifically, yesterday's Northern Virginia Daily), these resolutions are based on a "closed session" meeting with members ofthe Board and the Commonwealth's Attorney's Office. BFT repeatedly has requested that the Commonwealth's Attorney's Office return copies of the documents seized from BFI so that BFI can assess and effectively respond to these allegations that BFI mixed Minute Book Number 31 Board of Supervisors Regular Meeting of 04/12/06 394 Prederick County refuse with refuse derived from other sources. Terminating a 25-year relationshi based on a "closed session" meeting, with no chance for BPI to respond to these claims, is the kin of action I cannot remember this Board ever taking. It is unfair, it denies BPI due process, and i is not the way to resolve what may be a contract dispute. Finally, under the procedures the Board is following tonight, if I am a contractor of Prederic County and the County bclieves that I had breached the contract, then I would fully expect th County would simply terminate the Contract and possibly prosecute me for breach. These procedur will have a chilling effect on the business community. Like other local businesses, BFT is not jus some absent corporation. For these many years, the company has been a steady and reliabl employer. If you are dissatisfied with some aspect of how the Contract has been performed, BF stands ready to discuss that with you. Second, the resolutions characterize the situation as an "emergency" and providc that terminatio must occur immediately. There is no emergency other than the emergency that is created by th County by terminating BPI. The complaincd-of problem, that BPI was mixing County and othe rcfuse, is not occurring. The Board and BPI can address any alleged past breach through meeting with BFI, following review of the relevant documents by you and BFI. In addition, the Board ca address any alleged past breach when deciding whether to renew the Contract at the end of thi calendar year, but certainly, not tonight, based on a "closed session" meeting. Third, the resolutions are factually and legally problematic. Among other things, the Contrac provides that "[t]he performance of the work as set forth in the Contract shall be under the charge, supervision, and administration of the County." Thus, assuming the County complied with thes terms, it would have known that mixing was occurring long ago (to the extent it occurred at all). Pourth, it is indisputable that BFI will suffer significant harm if the proposed resolutions are enacted. By way of a single example, more than 50 BPI employees will be adversely impacted by th proposed action. In closing, BFl has been a responsible partner ofthe County's for 25 years. These resolutions wil terminate that relationship based on facts the Commonwealth's Attorney's Office has analyzed in secret over many months at a significant cost to BPI, the County, and its businesses and residents. I strongly urge you to oppose these ill-advised resolutions. To the extent that the Board adopts the resolutions notwithstanding their deficiencies and the man problems they pose, BFI will focus its efforts on its core business of serving the necds of its commercial and residential customers located in Prcderick County. Thank you for the opportunity to present these comments on behalf of BPI." BOARD OF SUPERVISORS COMMENTS There were no Board of Supervisors' comments. MINUTES-APPROVED Upon a motion by Supervisor Dove, seconded by Supervisor Van Osten, the minutes fro the March 16, 2006 work session with the Public Safety and Public Works Committees 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 Pisher Aye Minute Book Number 31 Board of Supervisors Regular Meeting of 04/12106 Philip A. Lemieux Barbara E. Van Os Upon a motion by the March 22, 2006 Regul Richard C. Shick1 Bill M. Ewing - Charles S. DeHav Gary W. Dove Gcne Fisher Philip A. Lemieux Barbara E. Van 0 COUNTY OFFI ADOPTION OF - APPROVED Administrator Ril WHEREAS, a not hearing held on March 22 the Code of Virginia, 195 THEREFORE B Frederick, Virginia, that t Star on March 9, 2006, be - WHEREAS, the BE IT FURTHE fiscal year be adopted as General Operating General and Judicial Ad Public Safe Public Wor Health/Wel Education - Parks, Recre Community Non-D - Regional Jai Landfill Fun Division of Shawnee 1 an Minute Book Number 31 Board of Supervisors Regular 395 Absent ten Aye Supervisor Fisher, seconded by Supervisor DeHaven, the minutes from ar Meeting were approved by the following recorded vote: sten Aye Aye Aye Aye Aye Absent Aye e en, JI. CIALS THE FISCAL YEAR 2006-2007 BUDGET (RESOLUTION #061-06) ey read the following resolution: ice of public hearing and budget synopsis has been published and a public ,2006, in accordance with Title 15.2, Chapter 25, Section 15.2-2506, of 0, as amended. E IT RESOLVED by the Board of Supervisors of the County of he budget for the 2006-2007 fiscal year as advertised in The Winchester hereby approved in the amount of $230,072,252. budget amounts represent the total, less transfers between funds. R RESOLVED that thc County of Frederick budget for the 2006-2007 follows: Fund: d 6,492,346 1,840,900 18,153,082 3,897,695 6,692,735 60,265 5,296,845 3,041,140 2,816,544 16,327,640 9,573,521 1,303,985 1,319,710 Financial Administration ministration ty ks fare Community College ation, Cultural Development epartment Expenses I Fund Court Services Fund d Sanitary District Fund Meeting of 04/12/06 Airport Operating Fund Airport Capital Fund Consolidated Services Fund 2,492,815 877,725 300,000 -- ederick, er$100 ue to be - perty on Rescue plied to essional etors 16 onaland the rate ols, and ng tax at $10 per rial; $36 r ton for f$I.60. e central , school ce fund, t July 1, Capital of fiscal - will be ost, less 39 School Operating Fund School Instruction Administration! Attendance and Health Services 97,318,320 6,592,826 8,012,099 10,920,504 184,884 5,063,552 665,701 13,937,070 1,100 1,485,818 5,363,394 30,000 10,000 Pupil Transportation Services Operation and Maintenance Services Facilities School Cafeteria Fund School Capital Fund School Debt Service Fund Larrick & Sides Trust Funds School Textbook Fund NREP Operating Fund NREP Textbook Fund Unemployment Compensation Fund BE IT FURTHER RESOLVED that the Board of Supervisors of the County ofFr Virginia, does herein adopt the tax rate for the 2006 assessment year at a rate of 52 'l2 cents p of assessed value to be applied to real estate, the rate of $4.20 per $100 of assessed val applied to personal property, $2.25 per $100 of assessed value to be applied to personal pro one vehicle to volunteer firefighters that are approved and registered with the Fire and Department, the rate of 42 ~/2 cents per $100 to be applied to airplanes and zero tax to be ap antique vehicles. Mobile homes will be taxed at the real estate rate. The Business and Prof! Occupational License rates are as follows: retail 20 cents per $100 of gross receipts, contra cents per $100 of gross receipts, professional serviccs 58 cents per $100 of purchases, pers business 36 cents per $100 of gross receipts, wholesale 5 cents per $100 of purchases and of $2.00 per $100 of assessed value on declining values to be applied to machinery and to contract carrier classified vehicles. Meals tax at an adopted rate of 4 cents per $1. Lodgi an adopted rate of 2 cents per $1. County decals at an adopted rate of $25 per vehicle and motorcycle. The Sanitary Landfill fees are as follows: $40 per ton for commercial/indust per ton for construction demolition debris; $24 per ton for municipal waste and $12 pe municipal sludge. The local tax for Enhanced 911 Service will continue to be at a set rate 0 BE IT FURTHER RESOLVED that appropriations are hereby authorized for th stores fund, special welfare fund, comprehensive services fund, county health insurance fund health insurance fund, length of service fund, employee benefits fund, maintenance insuran sales tax fund and commonwealth sales tax fund equal to the total cash balance on hand a 2006, plus the total amount of receipts for the fiscal year 2006-2007. The Fire Company appropriation will include the current year appropriation plus any unused funds at the end year 2006. BE IT FURTHER RESOLVED that the school construction fund projects appropriated as a carryforward in the amount that equals the approved original project, c expenditures and encumbrances through June 30, 2006. Minute Book Number 31 Board of Supervisors Regular Meeting of 04/12/06 397 Supervisor Van Osten asked how the Board could give $5,000 to Help with Housing. Administrator Riley advised the money could be taken from the Operational Contingency line item due to the amount. Upon a motion by Vice Chairman Ewing, seconded by Supervisor Dove, the Board approved the Fiscal Year 2006-2007 Budget by the following recorded vote: Richard C. Shickle Bill M. Ewing Charles S. DeHavcn, Jr. Gary W. Dove Gene Fisher Philip A. Lemieux Barbara E. Van Ostcn Aye Aye Aye Aye Aye Abscnt Aye COMMITTEE APPOINTMENT JOHN R. RILEY. REPRESENTATIVE APPROVED JR. REAPPOINTED AS FREDERICK COUNTY ON THE OLD DOMINION ASAP POLICY BOARD - Upon a motion by Supervisor Van Osten, seconded by Supervisor Dove, the Board reappointed John R. Riley, Jr. to servc as Frcderick County reprcscntative on the Old Dominion ASAP Policy Board. This is a three ycar tcrm, said term to expire June 30, 2009. The abovc motion was approved by the following rccorded vote: Richard C. Shickle Bill M. Ewing Charlcs S. DcHavcn, Jr. Gary W. Dove Gene Fisher Philip A. Lcmieux Barbara E. Van Osten Ayc Aye Aye Aye Aye Absent Aye GENE E. FISHER REAPPOINTED AS FREDERICK COUNTY REPRESENTATIVE TO THE WINCHESTER REGIONAL AIRPORT AUTHORITY - APPROVED Upon a motion by Supervisor Van Ostcn, seconded by Supervisor DcHavcn, the Board reappointed Gcnc E. Fisher to serve as Frederick County represcntative to the Winchester Rcgional Airport Authority. This is a four ycar term, said term to expirc June 30, 2010. Thc above motion was approved by the following recorded vote: Richard C. Shicklc Bill M. Ewing Charles S. DeHaven, Jr. Gary W. Dove Gene Fisher Philip A. Lcmieux Barbara E. Van Osten Aye Aye Aye Aye Aye Absent Aye Miuute Book Number 31 Board of Supervisors Regular Meeting of 04/12/06 398 PROCLAMA TION (#006-06) RE: DESIGNATE APRIL 9-15. 2006 AS NATIONAL TELECOMMUNICATOR'S WEEK - APPROVED UNDER CONSENT AGENDA WHEREAS, emergencies can occur at anytime that require police, fire or emergency medical services; and WHEREAS, when an emergency occurs, the prompt response of police officers, firefighters and paramedics is critical to the protection oflife and preservation of property; and WHEREAS, the safety of our police officers and firefighters is dependent upon the quality and accuracy of information obtained from citizens who telephone the Frederick County Department of Public Safety Communications Center; and WHEREAS, Public Safety Dispatchers are the first and most critical contaet our citizens have with emergency services; and WHEREAS, Public Safety Dispatchers are the single vital link for our police officers and firefighters by monitoring their activities by radio, providing them information and ensuring their safety; and WHEREAS, Public Safety Dispatchers of Frederiek County, Virginia have contributed substantially to the apprehension of criminals, suppression of fires and treatment of patients; and WHEREAS, each dispatcher has exhibited compassion, understandi ng and professional ism during the performance of their job in the past year. NOW, THEREFORE BE IT RESOLVED, that the Board of Supervisors of Frederick County, Virginia does hereby proclaim the week of April 9-15, 2006 to be National Teleeommunicator's Week in Frederick County, in honor of the men and women whose diligence and professionalism keep our county and citizens safe. ADOPTED this 12th day of April, 2006. This item was approved under the consent agenda. PROCLAMATION (#004-06) RE: DESIGNATE APRIL 20-23. 2006 AS KOVAR WEEKEND (THE KNIGHTS OF VIRGINIA ASSISTANCE FOR THE RETARDED) - APPROVED UNDER CONSENT AGENDA WHEREAS, some of our most valued citizens, our retarded brothers and sisters, are in need of help from their fellow citizens; and WHEREAS, the 20,000 Knights of Columbus in Virginia, in their charitable and patriotic role as sponsors of KOVAR (The Knights of Virginia Assistance for the Retarded) have donated more than $9,500,000 since 1972 for allocation to 250 ongoing organizations effectively assisting the retarded; and WHEREAS, the efforts ofthe Winchester Council, Knights of Columbus have resulted in more than $460,000 in grants and interest free loans to the Northwestern Workshop, Grafton School, Robert E. Rose Memorial Foundation, Shenandoah Valley Community Residence, Heart Havens' Home and the Association for Retarded Citizens of Winchester/Frederick County; and WHEREAS, in last years KOV AR Weekend, Virginia Knights and their families raised over $612,000. NOW, THEREFORE, BE IT RESOLVED, the Frederick County Board of Supervisors does hereby proclaim April 20 - April 23, 2006 as KOVAR WEEKEND in Frederick County and urgc all citizens of the county to support this worthy cause. Minute Book Number 31 Board of Supervisors Regular Meeting of 04/12/06 399 ADOPTED this 12th day of April, 2006. This item was approved under the consent agenda. PROCLAMATION (#005-06) RE: DESIGNA TE APRIL 21-28. 2006 AS DISABILITY AWARENESS WEEK - APPROVED UNDER CONSENT AGENDA WHEREAS, the United States Congress enacted the Americans with Disabilities Act in 1990, prohibiting discrimination against people with disabilities in employment, public accommodations, transportation and telecommunications; and WHEREAS, the Commonwealth of Virginia enacted the Virginians with Disabilities Act in 1985 to assure equal opportunity to persons with disabilities in the Commonwealth and it is the policy of this Commonwealth to encourage and enable persons with disabilities to participate fully and equally in the social and economic life of the Commonwealth and to engage in remunerative employment; and WHEREAS, people with disabilities often overcome common misunderstandings about their circumstances and make valuable contributions to their families and communities; and WHEREAS, disability is a natural part of the human experience, and individuals with disabilities deserve the same rights as their peers to live independently, e~oy self determination, make choices, contribute to society and participate fully in the American experience; and WHEREAS, family, friends and neighbors playa central role in enhancing the lives of people with disabilities, and people with disabilities benefit from having a network of supportive friends and family, accommodating employers and community leaders who are aware ofthe needs and abilities of Virginians with disabilities; and WHEREAS, millions of people in the United States have disabilities, and with the increasing age of our population, Virginians and Americans must learn more about the special needs and abilities ofthis growing population; and WHEREAS, agencies and organizations throughout Virginia participate in disability awareness programs during disAbility Awareness Week to enhance public understanding of and appreciation for the limitations and abilities of people living with disabilities. NOW, THEREFORE, BE IT RESOLVED, the Frederick County Board of Supervisors does hereby proclaim the week of April 21-28, 2006 as disABILITY Awareness Week and calls this observance to the attention of all our citizens, and urge all residents to honor this occasion. ADOPTED this 12th day of April, 2006. This item was approved under the consent agenda. RESOLUTIONS: RESOLUTION (#056-06) TERMINATING THE CONTRACT BETWEEN THE COUNTY OF FREDERICK AND BROWNING-FERRIS INDUSTRIES (BFl) _ APPROVED Administrator Riley read the following rcsolution: WHEREAS, thc County of Frederick, Virginia, entered into a three (3) year Contract dated December 31,2003 with Browning-Ferris Industries (BF1), as the Contractor, for the collection and transport of refuse and recyc1ables from the County's Container and Recycling Collection System; and Minute Book Number 31 Board of Supervisors Regular Meeting of 04/12/06 400 WHEREAS, said Contract provided that BFI shall perform all such services in strict accordance with the Contract and Specifications; and WHEREAS, Section 5-3 of the General Specifications provides that the Contractor will not be allowed to mix Frederick County refuse with refuse derived from commercial accounts or any other source, and provides, further, that failure to comply with this requirement will result in immediate termination of the collection contract; and WHEREAS, the Board has determined that BFI has failed to comply with Section 5-3 of the Contract by mixing Frederick County refuse with refusc derived from other sources; and WHEREAS, pursuant to Section 5-3 the Board determines that the Contract should be terminated. NOW, THEREFORE BE IT RESOLVED, the Board of Supervisors hereby terminates the Contract dated December 31,2003 with Browning-Ferris Industries, effective 11:59 p.m. on Wednesday, April 26, 2006. Adopted this ~ day of April, 2006. Upon a motion by Supervisor Dove, seconded by Supervisor Van Osten, the Board approved the resolution terminating the contract between the County of Frederick and Browning-Ferris Industries (BFI). The above motion was approved by the following recorded vote: Richard C. Shickle Bill M. Ewing Charles S. DeHaven, Jr. Gary W. Dove Gene Fisher Philip A. Lemieux Barbara E. Van Osten Aye Aye Aye Aye Aye Absent Aye RESOLUTION (#059-06) CONTRACTING WITH WASTE MANAGEMENT. INC. ON AN EMERGENCY BASIS - APPROVED Administrator Riley read the following resolution: WHEREAS, the Board of Supervisors has terminated for cause, effective April 26, 2006, the Contract dated December 3l, 2003, with Browning- Ferris Industries (BFI) for the collection and transport of refuse and recyclables from the County's Container and Recycling Collection System; and WHEREAS, it is necessary for the health and safety of the citizens of the County that this solid waste collection service continue uninterrupted. NOW, THEREFORE, the Board hereby approved the award of a contract for solid waste collection to Waste Management, Inc. on an emcrgency basis, pursuant to Virginia Code S2.2- 4303(F). This contract shall extend the December 31, 2006, the expiration date of the BFI contract. The County shall procure, by competitive sealed bidding, a solid waste collection contract to be effective commencing January 1,2007. BE IT FURTHER RESOLVED, that written notice of this action, by a copy of this Resolution, shall be posted forthwith on the board establishcd for public notices at the entrance to the Judicial Center. Minute Book Number 31 Board of Supervisors Regular Meeting of 04/12/06 401 Adopted this ~ day of April, 2006. Upon a motion by Supervisor Van Osten, seconded by Vice Chairman Ewing, the Board approved the resolution contracting with Waste Management, Inc. on an emergency basis. The above motion was approved by the following recorded vote: Richard C. Shickle Bill M. Ewing Charles S. DeHaven, Jr. Gary W. Dove Gene Fisher Philip A. Lemieux Barbara E. Van Osten Aye Aye Aye Aye Aye Absent Aye RESOLUTION (#060-06) ENDORSING LAKE HOLIDAY ESTATES UTILITY COMPANY ASSET SALE - APPROVED Administrator Riley advised this was a resolution endorsing the transfer of utility assets and certificates of public convenience from Lake Holiday Estates Utility Company and Lake Holiday Country Club to Aqua Lake Holiday Utilities, Inc. This resolution was in response to an Order for Notice and Comment and Assignment Hearing Examiner received by the Chairman regarding the joint petition filed with the State Corporation Commission. He went on to say there was no statutory requirement for the Board to comment on this petition; however, the adoption ofthis resolution of endorsement would be seen as a positive for this proposed transfer. Upon a motion by Supervisor Dove, seconded by Vice Chairman Ewing, the Board approved the resolution endorsing Lake Holiday Estates Utility Company asset sale. WHEREAS, Lake Holiday Estates Utility Company provides water and sewer utility service to 693 homes in the Lake Holiday subdivision in Frederick County; and WHEREAS, Lake Holiday Estates Utility Company and Lake Holiday Country Club and Aqua Lake Holiday Utilities, Inc. have filed a joint petition (Case No. PUE-2006-00013) with the State Corporation Commission for authority to transfer utility assets and certificates of public convenience and necessity pursuant to the Utility Transfers Act and Utility Facilities Act; and WHEREAS, this Board finds this transfer to be of benefit to the general health, safety, and welfare of the residents of Lake Holiday subdivision in particular and the citizens of Fredcrick County in general. NOW, THEREFORE, BE IT RESOLVED, the Frederick County Board of Supervisors hereby endorses the transfer of utility assets and certificates of public convenience from Lake Holiday Estates Utility Company and Lake Holiday Country Club to Aqua Lake Holiday Utilities, Inc. BE IT FURTHER RESOLVED, that a copy of this resolution be forwarded to the Clerk of the State Corporation Commission. ADOPTED this ~ day of April, 2006. Minute Book Number 31 Board of Supervisors Regular Meeting of 04/12/06 402 The above motion was approved by the following recorded vote: Richard C. Shickle Bill M. Ewing Charles S. DeHaven, Jr. Gary W. Dove Gene Fisher Philip A. Lemieux Barbara E. Van Osten Aye Aye Aye Aye Aye Absent Aye RESOLUTION (#062-06) RE: 1-81 TIER 1 ENVIRONMENTAL IMPACT STATEMENT-APPROVED Transportation Planner John Bishop reviewed the proposed resolution regarding the 1-81 Tier 1 Environmental Impact Statement. Chairman Shickle asked if there was any conflict between this resolution and the MPO's poliey statement regarding the Tier 1 EIS. Transportation Planner Bishop responded no. Chairman Shickle asked if it would be worth the effort to endorse both this resolution and the MPO's statement. Transportation Planner Bishop advised the Board could endorse the MPO statement, but should not do so independently of an action for the County. Upon a motion by Supervisor DeHaven, seconded by Supervisor Dove, the Board approved the resolution re: 1-81 Tier 1 Environmental Impaet Statement. WHEREAS, 1-81 is a critieal artery through Frederick County, the region, and the entire western portion of the State of Virginia; and WHEREAS, modeling done for local long range planning efforts completed by the same consultant that was contracted to model the Tier 1 EIS show greater needs for improvement than are being called for in the Tier 1 EIS; and WHEREAS, physical eharacteristics where 1-81 passes through the area, particularly around Exit 313-315, are very similar to those encountered where 1-81 passes through the Harrisonburg area; and WHEREAS, the Tier 1 EIS allows for the possibility of ineorporating the Harrisonburg Bypass to avoid the constraints and impacts related to those physical characteristics; and WHEREAS, the planned eastern portion of Route 37 would provide an alternate eonnection to several major east/west connections that eurrently only have 1-81 at it's most constrained points in the area as a major highway connection; and WHEREAS, with the constraints of widening I-8l through certain areas in this region, it is possible that key sections, if not the entire eastern loop of 37 in concert with more limited 1-81 improvements, could be constructed at a lower cost than the needed 1-81 improvements alone and with greater positive impaet on traffic; and Minute Book Number 31 Board of Supervisors Regular Meeting of 04/12/06 403 WHEREAS, Route 37 has long been a planned major improvement that will serve citizens from within and outside the region, and will also take signifieant pressure off ofI-8l through the area; and NOW, THEREFORE, BE IT RESOLVED, this Board requests the inclusion ofthe eastern portion of Route 37 into the alternative considerations for improvements to relieve congestion on 1-81 through this area. This amendment shall be in effect on the day of adoption. The above motion was approved by the following recorded vote: Richard C. Shickle Bill M. Ewing Charles S. DeHaven, Jr. Gary W. Dove Gene Fisher Philip A. Lemieux Barbara E. Van Osten Aye Aye Aye Aye Aye Absent Aye Upon a motion by Supervisor DeHaven, seconded by Supervisor Van Osten, the Board endorsed the MPO statement regarding the 1-81 Tier 1 EIS. The above motion was approved by the following recorded vote: Richard C. Shickle Bill M. Ewing Charles S. DeHaven, Jr. Gary W. Dove Gene Fisher Philip A. Lemieux Barbara E. Van Osten Aye Aye Aye Aye Aye Absent Aye DR. HELENTJARIS. DIRECTOR OF THE HEALTH DEPARTMENT. TO PRESENT UPDATE TO THE BOARD ON THE BIRD FLU PANDEMIC Dr. Diane Helentjaris, Director of the Health Department, appeared before the Board to provide an update on the bird flu pandemie. She advised that the avian flu virus H5N1 is lethal to birds and ean be spread to people, but not easily. It is currently in 9 countries with 191 reported cases resulting in 108 deaths. She advised there was no pandemic now in the U.S. and scientists did not know if this type of virus would lead to a pandemic here. She stated that preparation for a pandemic has a positive impact in that it helps with overall emergency response preparation. She urged the public to take the seasonal flu more serious than they have in the past and encouraged businesses to plan alternative work sites and procedures for a pandemic or other emergency. She concluded by saying that the Health Department received $40,000 for pandemic planning and training. Supervisor Van Osten asked if this virus could spread to wild birds. Minute Book Number 31 Board of Supervisors Regular Meeting of 04/12/06 ~OL~ Df. Helentjaris responded there have been no documented cases in the Northern Hemisphere; however, wild fowl can carry the virus and tolerate it better than domestic poultry. Chairman Shickle asked how the Board could be proactive regarding this issue. Dr. Helentjaris responded the Board could work on preparedness and publicize education opportunities. Chairman Shickle asked Administrator Riley to develop a plan of action. Administrator Riley advised that Dr. Helentjaris will be invited to a meeting of the Public Safety Committee and a worksession with the Committee and the Board may evolve out of this. CANCELLATION OF PUBLIC HEARING RE: RUSSELL-GLENDOBBIN REZONING APPLICATION - APPROVED Administrator Riley advised that staff had received a letter from Patton Harris Rust & Associates stating the applicant recognizes the concerns expressed by the Planning Commission and citizens relative to the Russell-Glendobbin Rezoning. The application and proffer statement have been revised and the density has been decreased. The applicant asked that this application be sent back to the Planning Commission in order to obtain a recommendation based upon the merits ofthe amended applieation. Administrator Riley informed the Board that the Planning Commission did not act on the rezoning and if an action was not taken on the rezoning then the application would be deemed approved after a certain period of time. He recommended the Board cancel the April 26, 2006 public hearing and refer the application back to the Planning Commission for action. Chairman Shickle stated his main concern was that no action had been taken on the application. He asked staff and legal counsel to work with the Planning Commission on the process. Upon a motion by Supervisor Fisher, seconded by Supervisor Dove, the Board canceled the April 26, 2006 public hearing on the Russell-Glendobbin Rezoning and referred the application back to the Planning Commission for action. The above motion was approved by the following recorded vote: Richard C. Shickle Bill M. Ewing Charles S. DeHaven, Jf. Gary W. Dove Gene Fisher Philip A. Lemieux Barbara E. Van Osten Aye Aye Aye Aye Aye Absent Aye COMMITTEE REPORTS Minute Book Number 31 Board of Supervisors Regular Meeting of 04/12/06 405 PARKS AND RECREA nON COMMISSION REPORT - APPROVED UNDER CONSENT AGENDA The Parks and Recreation Commission met on March 21,2006. Members present were: Robert Hartman, P.W. Hillyard, Ill, Martin Cybulski, Larry Sullivan, Jeffrey Butler, Cheryl Swartz, Ronald Madagan, and Philip Lemieux. Items Requirinl: Board of SUDervisors Action: 1. None. Submitted for Board Information Only: 1. Easement ReQuest - Mr. Hartman moved to approve the Foltz Land Surveying, Inc. sewer easement plan as submitted, motion failed for lack of second. Mr. Hartman moved to reject the Foltz Land Surveying, Inc. sewer easement plan as submitted, second by Mr. Sullivan, carried unanimously (7-0). Standinl: Committee ReDorts 1. None. This item was approved under the consent agenda. CODE AND ORDINANCE COMMITTEE REPORT - APPROVED The Code & Ordinance Committee met on Wednesday, March 29, 2006 at 8 :30 A.M., in the Board of Supervisors Meeting Room, County Administration Building, 107 North Kent Street, Winchester, Virginia. Present were chairman of the committee Supervisor Philip A. Lemieux, Supervisor Bill M. Ewing, Stephen G. Butler, and Michael L. Bryan. Also present County Administrator John R. Riley, Jr. and Deputy County Administrator Jay E. Tibbs. The Committee submits the following: **ltems Requiring Board Action** 1. Proposed Amendment to Chapter 48. Animals and Fowl- Forwarded to Public Hearinl!: The Committee discussed a proposed amendment to Chapter 48 Animals, Frederick County Code. This review was prompted by a citizen complaint regarding guineas harassing his family and animals. The proposed amendment would add the words and {owl to Section 48-26 Running At Large Unlawful; Division Fences. The Committee unanimously recommended approval of the proposed amendment with the addition of a notice requirement for the first violation and forwarded this item to the Board of Supervisors for public hearing with a recommendation for approval. Upon a motion by Vice Chairman Ewing, seconded by Supervisor Dove, the Board scheduled this proposed amendment for public hearing. The above motion was approved by the following recorded vote: Richard C. Shickle Bill M. Ewing Charles S. DeHaven, Jr. Gary W. Dove Gene Fisher Philip A. Lemieux Aye Aye Aye Aye Aye Absent Minute Book Number 31 Board of Supervisors Regular Meeting of 04/12/06 406 Barbara E. Van Osten Aye PUBLIC SAFETY COMMITTEE REPORT - APPROVED A meeting of the Public Safety Committee met Tuesday, April 4, 2006. Committee members present were: Committee Chair Barbara Van Osten, Gary Dove, John Riley, Gene Fisher, Hans Nydam, Frederick County Fire & Rescue Director Gary DuBrueler, and Helen Lake. Also in attendance were LeeAnna Pyles and Dr. Jack Potter. The following items were discussed: ***Items Requiring Action*** Mr. John Riley requested, from the Committee, approval for the formation of an independent committee and to hire a facilitator to investigate the Fee For Service for Frederick County Fire & Rescue. Gary Dove made motion for approval and was seconded by Helen Lake, all members unanimously approved. The Committee is requesting the action of the Board of Supervisors approval. . This Committee will be made up ofa representative from each volunteer company, as well as 3 (three) Board of Supervisor members. County Administrator John Rilcy will be available as a tool for resources and staffsupport. John Riley, Barbara Van Osten, and Gary DuBrueler met with Mike Butler, City ofWinchcster, to discuss how thc proccss worked and bcnefitted them. The City of Winchester has workcd through this process and was pleascd with the outcomc. All fees associated with the formation of the Committee will bc funded form the Operational Contingency Fund. Committee will be responsiblc for studying the impact offees on Frederick County and its residents, as wcll as the formation and procedures of the fees for scrvice process. Upon a motion by Supcrvisor Van Osten, seconded by Supervisor Fisher, the Board voted to establish a Fee for Service Committee to be made up of a representative from each voluntcer company and Supervisors Van Osten, Dove, and Fisher. The above motion was approved by thc following recorded vote: Richard C. Shickle Bill M. Ewing Charles S. DeHaven, Jr. Gary W. Dove Gene Fisher Philip A. Lemieux Barbara E. Van Osten Aye Aye Aye Aye Aye Absent Aye Upon a motion by Supervisor Van Osten, seconded by Supervisor Fisher, the Board appropriated $10,800 from the Operational Contingency line item to fund the facilitator. The above motion was approved by the following recorded vote: Richard C. Shickle Bill M. Ewing Charles S. DeHaven, Jr. Gary W. Dove Gene Fisher Philip A. Lemieux Barbara E. Van Osten Aye Aye Aye Aye Aye Absent Aye ***ltems Not Requiring Action*** Minute Book Number 31 Board of Supervisors Regular Meeting of 04/12/06 407 Old Business: Gary DuBrueler has received the interim draft copy of the after action report from the Terrorism Response Table Top Exercise held in October. Larry Oliver will be reviewing this report and returning it within the next two weeks. They hope to have the report available at the next Public Safety Committee meeting. Meeting Date: There is no Public Safety Committee meeting scheduled at this time. PUBLIC WORKS COMMITTEE REPORT - APPROVED The Public Works Committee met on Tuesday, March 28,2006, at 8:00 a.m. All members were present except Gene Fisher. ***Items Requiring Action*** 1. Proposed Chan!!es to Solid Waste Ordinance - Forwarded to Public Hearin~ The public works committee reviewed and unanimously endorsed the proposed changes to the Solid Waste Ordinance highlighted in the attached memorandum dated March 22, 2006. The committee recommends that this endorsement and the proposed changes be submitted to the board to establish a public hearing date. (Attachment 1) Upon a motion by Supervisor Dove, seconded by Vice Chairman Ewing, the Board scheduled these proposed amendments for public hearing. The above motion was approved by the following recorded vote: Richard C. Shickle Bill M. Ewing Charles S. DeHaven, Jr. Gary W. Dove Gene Fisher Philip A. Lemieux Barbara E. Van Osten Aye Aye Aye Aye Aye Absent Aye ***Items Not Requiring Action*** 1. Potential Chanl:es to the Erosion and Sediment Control Ordinance The committee listened to a brief presentation by Joe Wilder, Deputy Director, and Eric Lawrence, Director of Planning and Development, concerning potential changes to the erosion and sediment control ordinance. In particular, they emphasized the need to require an improved master development plan, where applicable, prior to issuance ofland disturbance permits. This requirement will insure that environmental features are not unnecessarily destroyed and comprehensive transportation networks are addressed. The committee appointed Gary Dove and Phil Lemieux to assist staff in developing the changes to the current erosion and sediment control ordinance. 2. Review Current Septic Systems Requirement The committee discussed the need to review the current septic systems regulations and procedures employed in Frederick County by the State Health Department. In particular, concerns Minute Book Number 31 Board of Supervisors Regular Meeting of 04/12/06 408 were raised about the methods and procedures used in the design of septic systems in areas with historically poor soil conditions. A recommendation was made to invite representatives from the health department to the next public works committee meeting to discuss current procedures an answer questions about third party consultants and alternative system designs. 3. Miscellaneous Reoorts: a. Tonnage Report: Landfill (Attachment 2) b. Recycling Report (Attachment 3) c. Animal Shelter Dog Report (Attachment 4) d. Animal Shelter Cat Report (Attachment 5) TRANSPORTATION COMMITTEE - APPROVED The Transportation Committee met on Wednesday, AprilS, at 8:30 a.m. All members were present, with the exception ofthc liaisons from Middlctown (Mr. Donald Breeden) and Stephens City (Mr. Willey Dembeck). ***Items Requiring Action*** 1. Route 37 Ali!:nment - Stephenson Area At the March 28, 2006 mecting of the Transportation Committee, the following two motions werc passed after the committee considered the alternatives prcsented: MOTION by Mr. Lemieux. seconded by Mr. Racey Recommend C-XXX and proceed further on with a comprehensive downzoning of the entire corridor at the width of 350 feet. Motion passed unanimously. MOTION by Mr. Braden. seconded bv Mr. Racey Recommend that the Board of Supervisors dircct staff to contract to refine the centerline for the remainder of the Eastern loop of Route 37. Motion passed unanimously. Upon clarification of additional information related to the motion recommending C-XXX, it was decided that a special meeting of the Transportation Committee was needed to reconsider the alternatives with the new information in hand. The new materials referenced are attached and are as follows: a) Map showing roadway alternatives, identifying lots in proposed Redbud Agricultural and Forestal District that may be identified by different alternatives, conservation easement on McCann-Slaughter property and location of potential core battlefield easement. The map at the March 28th meeting only showed the roadway alternatives and the properties from the proposed Agricultural and Forestal District that could be impacted. b) Legal opinions from the County Attorney on the issuc of downzoning and on the issue of building roadways across easements. The committee discussed why the original alignment for C was ever shown through the properties with easements or that wcre identified as battlefields. It was stated that the adoption of alignment C was prior to federal studies identifying the core battlefield areas and that the easements that exist in the area were only adopted in the past few years. Minute Book Number 31 Board of Supervisors Regular Meeting of 04/12/06 409 Further discussion that focused on alternative C-XL stated that ifVDOT concerns involving curve radii were addressed, it would be unlikely that the alternative would impact the proposed Redbud Agricultural and Forestal District. Citizens who attended the meeting went on to state that any alternative chosen should not impact property owners who were not previously impacted. MOTION bv Mr. Braden. seconded by Mr. Racey Recommend adoption of alternative C-XL as follows: · with curve radii adjusted per VDOT recommendations · avoid the proposed Redbud Agricultural and Forestal District properties · at a right-of-way width of 350 feet Motion passed unanimously. The map of alternatives that is attached to this report incorporates the recommendations fo the above motion. Discussion during the above stated motion regarding the possibility of an interchange with the alternative led to the following motion: MOTION bv Mr. Braden. seconded by Mr. Racey The Transportation Committee wishes to designate its intent that there would be an interchange between corridor C-XL and the proposed major collector roadway planned to go through that area as part of the residential development. Motion passed unanimously. MOTION bv Mr. Lemieux. seconded by Mr. Racey Recommend the Board appropriate funds as necessary to move forward to further identify the centerline for the remainder of the Eastern 37 corridor, preliminary design and engineering, and environmental study. Motion passed unanimously. Upon a motion by Supervisor DeHaven, seconded by Supervisor Van Osten, the Board approved the first two recommendations of the Transportation Committee and approved considering the third motion after July 1. The above motion was approved by the following recorded vote: Richard C. Shickle Bill M. Ewing Charles S. DeHaven, Jr. Gary W. Dove Gene Fisher Philip A. Lemieux Barbara E. Van Osten Aye Aye Aye Aye Aye Absent Aye 2. 1-81 Statement for April 18. 2006 Public Hearing At the February 28, 2006 Transportation Committee meeting, staff distributed to the committee a presentation of the staffrevicw ofthc 1-81 Tier 1 Environmcntal Impact Statement and the draft resolution that had been distributed to the Board of Supervisors on February 22, 2006. At its February 22, 2006 meeting the Board considered the presentation and the draft resolution, and ultimately decided to send them to the Transportation Committee for review and recommendation. In the meantime, the MPO has also been working to create a statement. Staffhas been very involved Minute Book Number 31 Board of Supervisors Regular Meeting of 04/12/06 410 in that process in an effort to make sure concerns brought forth by the County were included in that statement. At the AprilS, 2006 meeting ofthe Transportation Committee, stafIredistributed the draft resolution and distributed the MPO statement that has been recommended to the MPO Policy Committee by the MPO Technical Advisory Committee. The discussion that followed covered the issues facing the County with the 1-81 Tier 1 EIS recommendations and how they differ from the MPO recommendations which the county had taken a part in. The committee did not feel the County was well representcd by the roadway improvement recommendations in the Tier lEIS. MOTION by Mr. Racey. seconded by Mr. Lemicux Endorse both the MPO statcment provided and the draft resolution. Motion passed unanimously. These items were approved earlier in thc mccting. ***ltems Not Requiring Action*** None at this time. ANNUAL REPORTS DEPARTMENTAL FISCAL YEAR 2006-2007 WORK PROGRAMS - RECEIVED AS INFORMATION Administrator Rilcy advised that the work programs were a reflection of the various departments' budget goals and objectives and were being presented for information only. Chairman Shickle advised that he would like to see the Department of Fire & Rescue's work program rewritten as it fell shOli in the form of goals. Administrator Riley stated that staff would have the program rewritten. Supervisor DeHaven statcd that a great deal of effort went into these reports. PUBLIC HEARING PUBLIC HEARING - OUTDOOR FESTIVAL PERMIT REQUEST OF THE SHENANDOAH APPLE BLOSSOM FESTIVAL - THE WILLOWS AT MEADOW BRANCH YOUNG AT HEART DANCE: VALLEY HEALTH SYSTEMS QUEEN'S BALL: AND DAILY GRIND JAZZ FEST. PURSUANT TO THE FREDERICK COUNTY CODE. CHAPTER 86. FESTIVALS: SECTION 86-3 C. PERMIT REQUIRED: APPLICA nON ISSUANCE OR DENIAL: FOR AN OUTDOOR FESTIVAL PERMIT. THE WILLOWS AT MEADOW BRANCH YOUNG AT HEART DANCE TO BE HELD ON THURSDAY. MAY 4.2006 FROM 11:00 A.M. TO 2:30 P.M.: V ALLEY HEALTH SYSTEMS QUEEN'S BALL TO BE HELD ON FRIDAY. MAY 5. 2006 FROM 8:00 P.M. TO 1:00 A.M.: AND DAILY GRIND JAZZ FEST TO BE HELD ON SUNDAY. MAY 7. 2006. FROM 12:30 P.M. TO 5:00 P.M.. ON PROPERTY OWNED BY DENNY PERRY. ROCK HARBOR GOLF COURSE. 365 ROCK HARBOR DRIVE. WINCHESTER. VIRGINIA (LOCATED OFF MERRIMAN'S LANE) - APPROVED Administrator Riley reviewed this application. Minute Book Number 31 Board of Supervisors Regular Meeting of 04/12106 411 Chairman Shickle convened the public hearing. John Rosenberger, Back Creek District and Executive Director of the Shenandoah Apple Blossom Festival, advised this was the same request as last year with the same events, same tent, and same location. There being no further public comments, Chairman Shickle closed the public hearing. Upon a motion by Supervisor Van Osten, seconded by Supervisor DeHaven, the Board approved the Outdoor Festival Permit request for the Shenandoah Apple Blossom Festival. The above motion was approved by the following recorded vote: Richard C. Shickle Bill M. Ewing Charles S. DeHaven, Jr. Gary W. Dove Gene Fisher Philip A. Lemieux Barbara E. Van Osten Aye Aye Ayc Aye Aye Absent Aye PUBLIC HEARING - OUTDOOR FESTIVAL PERMIT REQUEST OF BELLE GROVE PLANTATION - "OF ALE AND HISTORY" MICROBREW AND IMPORTED BEER TASTING FESTIVAL. PURSUANT TO THE FREDERICK COUNTY CODE. CHAPTER 86. FESTIVALS: SECTION 86-3 C. PERMIT REQUIRED: APPLICATION: ISSUANCE OR DENIAL: FOR AN OUTDOOR FESTIVAL PERMIT. FESTIVAL TO BE HELD ON SATURDAY. MAY 13. 2006. FROM 12:00 NOON TO 6:00 P.M.: ON THE GROUNDS OF BELLE GROVE PLANTA TION. 336 BELLE GROVE ROAD. MIDDLETOWN. VIRGINIA. PROPERTY OWNED BY THE NATIONAL TRUST FOR HISTORIC PRESERVATION. - APPROVED Elizabeth McClung, Exccutive Director of Belle Grove, advised this was a request for a permit for the II tll annual festival. She advised festival organizers would continue to work with the Alcohol Beverage Control Board regarding the designated driver program. Chairman Shickle convened the public hearing. There were no citizen comments. Chairman Shickle closed the public hearing. Upon a motion by Supervisor Van Osten, seconded by Supervisor Dove, the Board approved the Outdoor Festival Permit request for Belle Grove Plantation. 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 Fisher Aye Minute Book Number 31 Board of Supervisors Regular Meeting of 04/12/06 appeare Philip A. Lemieux Absent Barbara E. Van Osten Aye PUBLIC HEARING - OUTDOOR FESTIVAL PERMIT REOUEST OF TOP OF VIRGINIA BUILDING ASSOCIATION - BIG TOP HOME SHOW. PURSUANT TO THE FREDERICK COUNTY CODE. CHAPTER 86. FESTIVALS: SECTION 86-3 C. PERMIT REQUIRED: APPLICATION: ISSUANCE OR DENIAL: FOR AN OUTDOOR FESTIVAL PERMIT. BIG TOP HOME SHOW TO BE HELD ON SATURDAY. JUNE 3. 2006 FROM 9:00 A.M. TO 7:00 P.M.: AND SUNDAY. JUNE 4. 2006. FROM 11:00 A.M. TO 5:00 P.M.. ON PROPERTY LOCATED AT 1182 MARTINSBURG PIKE. WINCHESTER. VIRGINIA AND OWNED BY PRESTON _. I. MOFFETT. 1152 MARTINSBURG PIKE. WINCHESTER. VIRGINIA. - APPROVED Christian Schweiger, Executive Director of the Top of Virginia Building Association, d before the Board regarding this application. He advised this was a forum to showcase ck County businesses and the Association was req uesting permission to hold this show again. t on to say this was the second time this festival will be held at this location. Chairman Shickle convened the public hearing. There were no public comments. Chairman Shickle closed the public hearing. Upon a motion by Supervisor Dove, seconded by Supervisor DeHaven, the Board approved door festival permit request for Top of Virginia Building Association. - 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 fisher Aye Philip A. Lemieux Absent Barbara E. Van Osten Aye PUBLIC HEARING - DISCONTINUANCE AND ABANDONMENT - OUARRY LANE (ROUTE 749) - (RESOLUTION #058-06) - THE BOARD OF SUPERVISORS OF THE COUNTY OF FREDERICK WILL HOLD A PUBLIC HEARING TO CONSIDER A PROPOSAL TO DISCONTINUE QUARRY LANE (ROUTE 749). FROM THE INTERSECTION OF ROUTE 672 TO 0.05 MILES SOUTH OF ROUTE 672. A DISTANCE OF 0.05 MILES. PER &33.1-150. CODE OF VIRGINIA. 1950. AS AMENDED AND ABANDON QUARRY LANE (ROUTE 749) FROM 0.05 MILES SOUTH OF ROUTE 672 TO 0.15 MILES SOUTH OF ROUTE 672. A DISTANCE OF 0.10 MILES. PER &33.1-151. CODE OF VIRGINIA. 1950. AS AMENDED. - APPROVED "--, Administrator Riley advised this was a request to discontinue Route 749 for a distance of iles south of its intersection with Route 672 and abandon a section of Route 749 for a distance miles from the railroad tracks into the quarry property. ook Number 31 Supervisors Regular Meeting of 04/12106 412 Frederi He wen the out O.05m of 0.10 Minute B Board of 413 VDOT Resident Engineer Jerry Copp advised that VDOT had met with the owners of the quarry property and the railroad. He advised that adjacent property owners stated they would like to see the road stay in the state system. 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 both the discontinuance and abandonment of Route 749. WHEREAS, a public notice was posted as prescribed under 933.1-151, Code of Virginia, announcing a public hearing to receive comments concerning abandoning the section of road described below from the secondary system of state highways; and WHEREAS, the Commissioner of the Virginia Department of Transportation was provided the prescribed notice of this Board's intent to abandon the subject section ofroad; and WHEREAS, after considering all evidence available, this Board is satisfied that no public necessity exists for the continuance of the section of Secondary Route 749 (Quarry Lane) from 0.05 mile south of Route 672 to 0.15 miles south of Route 672, a distance of 0.10 miles, and hereby deems that section of road is no longer necessary as a part of the Secondary System of State Highways. NQW, THEREFQRE, BE IT RESOLVED, this Board abandons the above described section of road and removes it from the secondary system of state highways, pursuant to 933.1-151, Code of Virginia. BE IT FURTHER RESOLVED, this Board endorses VDOT's discontinuance ofthe above described section of Road as a part of the secondary system of state highways, pursuant to 933.1- 151, Code of Virginia. BE IT FURTHER RESOLVED, that a certified copy of this resolution be forwarded to the Resident Engineer of the Virginia Department of Transportation. ADOPTED this ~ day of April, 2006. The above motion was approved by the following recorded vote: Richard C. Shickle Bill M. Ewing Charles S. DeHaven, Jr. Gary W. Dove Gene Fisher Philip A. Lemieux Barbara E. Van Osten Aye Aye Aye Aye Aye Absent Aye PUBLIC HEARING - ABANDONMENT - SIR JOHN'S ROAD (ROUTE 667) - (RESOLUTION #057-06) THE BOARD OF SUPERVISORS OF THE COUNTY OF FREDERICK WILL HOLD A PUBLIC HEARING TO CONSIDER A PROPOSAL TO ABANDON SIR JOHN'S ROAD (ROUTE 667), FROM 1.13 MILES NORTHEAST OF ROUTE 668 EAST TO 1.51 MILES NORTHEAST OF ROUTE 668, A DISTANCE OF 0.38 MII,ES, PER ~33.1-151. CODE OF VIRGINIA, 1950, AS Minute Book Nnmber 31 Board of Supervisors Regnlar Meeting of 04/12/06 414 AMENDED-APPROVED Administrator Riley advised this was a request to abandon a 0.38 mile seetion of Route 667. 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 Dove, the Board approved the abandonment of Route 667. WHEREAS, a public notice was posted as prescribed under 933.1-151, Code of Virginia, announcing a public hearing to receive comments concerning abandoning the section of road described below from the secondary system of state highways; and WHEREAS, the Commissioner of the Virginia Department of Transportation was provided the prescribed notice of this Board's intent to abandon the subject seetion of road; and WHEREAS, after considering all evidence available, this Board is satisfied that no publie necessity exists for the continuance ofthe section of Secondary Route 667 (Sir John's Road) from 1.13 mile Northeast of Route 668 East to 1.51 miles Northeast of Route 668 East, a distance of 0.38 miles, and hereby deems that section of road is no longer necessary as a part of the Secondary System of State Highways. NOW, THEREFORE, BE IT RESOLVED, this Board abandons the above described section of road and removes it from the secondary system of state highways, pursuant to 933.1-151, Code of Virginia. BE IT FURTHER RESOLVED, that a certified copy ofthis resolution be forwarded to the Resident Engineer of the Virginia Department of Transportation. ADOPTED this ~ day of April, 2006. The above motion was approved by the following recorded vote: Richard C. Shickle Bill M. Ewing Charles S. DeHaven, Jr. Gary W. Dove Gene Fisher Philip A. Lemieux Barbara E. Van Osten Aye Aye Aye Aye Aye Absent Aye PLANNING COMMISSION PUBLIC HEARING - CONDITIONAL USE PERMIT #02-06 OF JOSEPH SNAPP AND ROBERT RHODES FOR A WAYSIDE MARKET. THIS PROPERTY IS LOCATED AT 1107 CEDAR CREEK GRADE (ROUTE 622). AND IS IDENTIFIED WITH PROPERTY IDENTIFICATION NUMBER 63-A-2-F. IN THE SHAWNEE MAGISTERIAL DISTRICT - APPROVED Zoning and Subdivision Administrator Mark Cheran appeared before the Board regarding this item. He advised this was an application for a conditional usc permit for a wayside stand. The Minute Book Number 31 Board of Snpervisors Regular Meeting of 04/12/06 415 five (5) acre property is currently zoned R-A (Rural Areas) District. There were no advcrse agency comments. The Planning Commission recommended approval of the conditional use permit with the following conditions: 1. All review agency comments shall be complied with at all times. 2. The site shall be allowed to have one freestanding sign. Maximum height of freestanding sign shall be ten (10) feet. Maximum size of a freestanding sign shall be twenty-five (25) square feet. 3. No internally illuminated signs shall be allowed outside of the building. 4. Maximum size of a building-mounted sign shall be ten (10) square feet. 5. Dumpsters shall be completely enclosed by an opaque fence with a minimum setback of60 feet from Cedar Creek Grade. 6. A minimum of nine (9) lined parking spaces with wheel stops, and a minimum of double prime and seal, shall be installed prior to the operation of the off-premise Wayside Market. 7. Any expansion or change of use will require a new Conditional Use Permit. He concluded by saying the applicant was present to answer any questions. Chairman Shickle convened the public hearing. There were no citizen comments. Chairman Shickle closed the public hearing. Upon a motion by Supervisor Fisher, seconded by Supervisor Van Osten, the Board approved CUP #02-06 with the conditions as stated. The above motion was approved by the following recorded vote: Richard C. Shickle Bill M. Ewing Charles S. DeHaven, Jf. Gary W. Dove Gene Fisher Philip A. Lemieux Barbara E. Van Osten Aye Aye Aye Aye Aye Absent Aye PUBLIC HEARING - REZONING #02-06 OF SHENANDOAH UNIVERSITY. SUBMITTED BY PATTON HARRIS RUST & ASSOCIATES. TO REZONE 1.2 ACRES FROM RP (RESIDENTIAL PERFORMANCE) DISTRICT TO HE (HIGHER EDUCATION) DISTRICT WITH PROFFERS. THE PROPERTIES ARE LOCATED ON THE EAST AND WEST SIDES OF TULANE DRIVE (ROUTE 797). APPROXIMATELY 650' NORTH OF MILLWOOD PIKE (ROUTE 50). AND ARE IDENTIFIED BY PROPERTY IDENTIFICATION NUMBERS 64-A-I09 AND 64-A- ] 10. IN THE SHAWNEE MAGISTERIAL DISTRICT - APPROVED Chairman Shickle and Supervisor fisherrecused themselves for discussion and consideration Minute Book Number 31 Board of Supervisors Regular Meeting of 04/12/06 416 of this item due to an appeared conflict of interest. Vice Chairman Ewing chaired this portion of the meeting. Deputy Planning Director Mike Ruddy appeared before the Board regarding this item. He advised this was a request to rezone l.2 acres from RP (Residential Performance) District to HE (Higher Education) District. The Eastern Frederick Land Use Plan recognizes uses associated with Shenandoah University with Higher Education being an appropriate use for this property. He went on to say that Tulane Drive will be improved to meet VDOT standards. With regard to the impacts associated with the Higher Education District, the applicant is encouraged to screen and landscape. The applicant has provided a revised proffer statement to restrict site development to Tulane Drive and the new campus road network. The Planning Commission recommended approval with access to Price Drive restricted. Patrick Sowers, Patton Harris Rust & Associates, advised that Tulane Drive goes through the 1.2 acre site and makes the developable portion of the property less than 1 acre. Vice Chairman Ewing convened the public hearing. There were no public comments. Vice Chairman Ewing closed the public hearing. Upon a motion by Supervisor DeHaven, seconded by Supervisor Van Osten, the Board approved Rezoning #02-06. WHEREAS, Rezoning #02-06 of Shenandoah University, submitted by Patton Harris Rust & Associates, to rezone 1.2 acres from RP (Rcsidential Performance) District to HE (Higher Education) District with proffers was considered. The properties are located on the east and west sides of Tulane Drive (Route 797), approximately 650' north of Millwood Pike (Route 50), in the Shawnee Magisterial District, and are identified by Property Identification Numbers 64-A-l 09 and 64-A-llO. WHEREAS, the Planning Commission held a public hearing on this rezoning on March l5, 2006; and WHEREAS, the Board of Supervisors held a public hearing on this rezoning on Aprill2, 2006; and WHEREAS, the Frederick County Board of Supervisors finds the approval ofthis 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 ORDAINED, 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 1.2 acres from RP (Residential Pcrformance) District to HE (Higher Education) District with proffers, as described by the application and plat submitted, subject to the attached conditions voluntarily proffered in writing by the applicant and the property owner. Minute Book Number 31 Board of Supervisors Regular Meeting of 04/12/06 417 This ordinance shall be in effect on the date of adoption. The above motion was approved by the following recorded vote: Richard C. Shickle Bill M. Ewing Charles S. DeHaven, Jr. Gary W. Dove Gene Fisher Philip A. Lemieux Barbara E. Van Osten Abstained Aye Aye Aye Abstained Absent Aye Vice Chairman Ewing returned the gavel to Chairman Shickle. OTHER PLANNING ITEMS ROAD RESOLUTION (#063-06) - GLENDOBBIN RIDGE SUBDIVISION - APPROVED UNDER CONSENT AGENDA WHEREAS, the streets described on the attached Additions Form AM-4.3, fully incorporated herein by reference are shown on plats recorded in the Clerk's Office 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 ofthe 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 fro 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 AM-4.3 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 drainage; and BE IT FURTHER RESOLVED, that a certified copy ofthis resolution be forwarded to the Resident Engineer for the Virginia Department of Transportation. This item was approved under the consent agenda. BOARD LIAISON REPORTS Supervisor Van Osten reported the April 3, 2006 Conservation Easement public forum was very successful with about 80 people attending. CITIZEN COMMENTS Robert SwartzeIJ, Shawnee District, asked how he could get a copy of agenda attachments. Chairman Shickle advised he could contact the County Administrator's Office. Bill Dodson, Shawnee District and President of Lakeside Homeowners' Association, asked Minute Book Number 31 Board of Supervisors Regular Meeting of 04/ J 2/06 418 the Board for more police patrols in his subdivision following several items of drug paraphernalia were found in the neighborhood's common areas. He went on to say there was a strong need fo more police patrols because there was a lot of under aged drinking. BOARD OF SUPERVISORS COMMENTS Supervisor Van Osten expressed her dismay about the amount of trash along the roads, especially along 1-81 between exits 307 through 310. ADJOURN UPON A MOTION BY VICE CHAIRMAN EWING, SECONDED BY SUPERVISO DEHAVEN, THERE BEING NO FURTHER BUSINESS TO COME BEFORE THIS BOARD, THIS MEETING IS HEREBY ADJOURNED. (9:11 P.M.) ~L9...D Dv Richard C. Shickle Chairman, Board of Supervisors {ohn R. Riley, Jr. Clerk, Board of Supervisors Minutes Prepared By: (/ ~ C '--1:.g.k Jay E Ti s Deputy Clerk, Board of Supervisors Minute Book Number 31 Board of Supervisors Regular Meeting of 04/12/06