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April 26, 2006 Regular Meeting 419 A Regular Meeting ofthe Frederick County Board of Supervisors was held on Wednesday, April 26, 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 BilI M. Ewing; Charles S. DeHaven, Jr.; Gary W. Dove; Gene E. Fisher; Philip A. Lemieux; and Barbara E. Van Osten. CALL TO ORDER Chairman Shickle called the meeting to order. INVOCA nON Supervisor Fisher delivered the invocation. PLEDGE OF ALLEGIANCE Vice Chairman Ewing led the Pledge of Allegiance. ADOPTION OF AGENDA - APPROVED AS AMENDED County Administrator John R. Riley, Jr. advised that he had two additions to the agenda: Resolution Re: Virginia Department of Transportation 2007 -2012 Six Year Improvement Plan Working Draft - Item #5 under County Officials. Appropriation of state revenue to fund the eight correction officer position approved by the Finance Committee - Added to Item #8 under Finance Committee Report. Upon a motion by Supervisor DeHaven, seconded by Supervisor Van Osten, the Board approved the agenda as amended. 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 Administrator Riley offered the following item for consideration under the consent agenda: - Landfill Oversight Committee Report - Tab F Upon a motion by Vice Chairman Ewing, seconded by Supervisor Dove, the Board approved the consent agenda by the following recorded vote: Minute Book Number 31 Board of Supervisors Regular Meeting of 04/26/06 420 The above motion was approved by the following recorded vote: Richard C. Shickle Ayc 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 CITIZEN COMMENTS Gary R. Oates, Stonewall District, appeared before the Board on behalf of the Red Bud Agricultural and Forcstal District. He asked the Board to vote on this distriet based on the merits of the application. He concluded by saying if the Board did not vote then the petition would die. Les Johns, Stonewall District, urged the Board to deny the Red Bud Agricultural and Forestal District application because of Route 37. He stated that it would be prudent for the Board to not grant zoning changes for parcels included in the agricultural district. He went on to say that the Board put a road on his property and did not tell him. John Chandler, Stonewall District, stated that he found out his front porch would be the centcr line of Route 37 and he felt someone should have give him and others time to properly prepare to address the Board. He concluded by saying that he was disappointed in thc way things were done. Ross Beck, Stonewall District, expressed his opposition to the Red Bud Agricultural and Forestal District. He stated that Route 37 corridor C-XL was bent to avoid the Red Bud Agricultural District and he felt the road could be moved a few hundred yards in order to miss existing houses and keep it out of Woods Mill. He wcnt on to say that he should not have been the one to inform his neighbors there was a road proposed to go through their houses. He urged the Board to exclude the lots affected by CXL, which included lots 18, 19, 15, 16,and 17. Glenn Penton, Stonewall District, stated that all of the residents in the Wood Mill area were in an agricultural district because they were all surrounded by or had woods and fields. He went on to say that the community finds itself split in half by a road that was never there. He stated the main reason this agricultural district was created was to keep Route 37 off their lands. He asked that Board to define the proposed corridor more clearly because the current selcction has many problems. BOARD OF SUPERVISORS COMMENTS Minute Book Number 31 Board of Supervisors Regular Meeting of 04/26/06 421 There were no Board of Supervisors comments. MINUTES-APPROVED Upon a motion by Supervisor Dove, seconded by Supervisor Fisher, the Board approved the minutes from the April 12, 2006 meeting. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Bill M. Ewing Aye Charles S. DeHaven, Jf. Aye GaryW. Dove Aye Gene E. fisher Aye Philip A. Lemieux Aye Barbara E. Van Osten Aye COUNTY OFFICIALS EMPLOYEE OF THE MONTH AWARDS FOR MARCH AND APRIL 2006 - (RESOLUTION #'S 065-06 AND 066-06) APPROVED Chairman Shickle honored Keith A. Jenkins and Diane L. Walsh as cmployee ofthe month for March and April 2006, respectively. Upon a motion by Supervisor DeHaven, seconded by Supervisor Van Osten, the Board approved the resolutions recognizing Keith A. Jenkins and Diane L. Walsh as employee of the month. RESOLUTION TO RECOGNIZE THE FREDERICK COUNTY EMPLOYEE OF THE MONTH KEITH A. JENKINS WHEREAS, the Frederick County Board of Supervisors recognizes that the County's employees are a most important resource; and, WHEREAS, on September 9, 1992, the Board of Supervisors approved a resolution which established the Employec of the Month award and candidates for this award may be nominated by any County employee; and, WHEREAS, the Board of Supervisors selects one employee from those nominated, based on the merits of outstanding performance and productivity, positive job attitude and other noteworthy contributions to their department and to the County; and, WHEREAS, Keith A. Jenkins who serves as a Training Lieutenant in the Fire and Rescue Department, was nominated for Employee ofthe Month; and, WHEREAS, Keith is deserving of special recognition because of his superb performance as the Coordinator of the Basic Fire Academy where he provides the best possible training to Volunteer firefighters who will scrve our community. His genuine interest is demonstrated by his attention to detail and long working hours. He is an inspiration to others. Keith has demonstrated his dedication to his profession, the Fire and Rescue Department, and Frederick County; and, Minute Book Number 31 Board of Supervisors Regular Meeting of 04/26/06 422 NOW THEREFORE BE IT RESOLVED, by the Frederick County Board of Supervisors this 26th day ~f April, 2006 that Keith A. Jenkins is hereby recognized as the Frederick County Employee of the Month for March, 2006; and, BE IT FURTHER RESOL VED, that the Board of Supervisors extends gratitude to Keith A. Jenkins for his outstanding performance and dedicated service and wishes his continued success in future endeavors; and, BE IT FURTHER RESOLVED, that Keith A. Jenkins is hereby entitled to all ofthe rights and privileges associated with this award. RESOLUTION TO RECOGNIZE THE FREDERICK COUNTY EMPLOYEE OF THE MONTH DIANE L. WALSH WHEREAS, the Frederick County Board of Supervisors recognizes that the County's employees are a most important resource; and, WHEREAS, on September 9,1992, the Board of Supervisors approved a resolution which established the Employee of the Month award and candidates for this award may be nominated by any County employee; and, WHEREAS, the Board of Supervisors selects one employee from those nominated, based on the merits of outstanding performance and productivity, positive job attitude and other noteworthy contributions to their department and to the County; and, WHEREAS, Diane L. Walsh who serves as a Secretary 1 in the Planning and Development Department, was nominated for Employee of the Month; and, WHEREAS, Diane is deserving of special recognition because of her accomplishment in establishing a Perfomlance Bond Tracking System which tracks all performance bonds required for development in Frederick County. Diane needed little supervision while establishing the project and her hard work has saved countless man hours and has improved customer service. Diane has demonstrated her dedication to her profession, the Planning and Development Department, and Frederick County; and, NOW, THEREFORE BE IT RESOLVED, by the Frederick County Board of Supervisors this 26th day of April, 2006 that Diane L. Walsh is hereby recognized as the Frederick County Employee of the Month for April, 2006; and, BE IT FURTHER RESOL VED, that the Board of Supervisors extends gratitude to Diane L. Walsh for her outstanding performance and dedicated service and wishes her continued success in future endeavors; and, BE IT FURTHER RESOLVED, that Diane L. Walsh is hereby entitled to all ofthe rights and privileges associated with this award. 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 Minute Book Number 31 Board of Supervisors Regular Meeting of 04/26/06 423 COMMITTEE APPOINTMENTS APPOINTMENT OF STAN CROCKETT TO REPLACE JIM WILSON AS COUNTY REPRESENTATIVE ON THE LANDFILL OVERSIGHT COMMITTEE. _ APPROVED Chairman Shickle advised that he had appointed Stan Crockett to serve on the Landfill Oversight Committee and asked the Board to endorse this appointment. Upon a motion by Supervisor Dove, seconded by Supervisor Van Osten, the Board appointed Stan Crockett to replace Jim Wilson as county representative on the LandfiIl Oversight Committee. 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 MEMORANDUM RE: DEVELOPMENT IMPACT MODEL - UPDATE OVERSIGHT COMMITTEE - GARY DOVE APPOINTED TO SERVE AS BOARD OF SUPERVISORS' REPRESENTATIVE: COMMITTEE MAKE UP REFERRED BACK TO STAFF FOR MORE WORK Upon a motion by Vice Chairman Ewing, seconded by Supervisor DeHaven, the Board appointed Gary Dove to serve as the Board of Supervisors' representative to the Development Impact Model Oversight Committee. 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 The Board discussed the make up of the committee and specificaIly how many representatives the Top of Virginia Building Association would have. The Board's original action stated the Association would have one member; however, staffs memo listed two representatives. Supervisor Lemieux advised that Top of Virginia Building Association has submitted the name of attorney Stephen Pettier to replace John Conrad. Supervisor Van Osten stated the Board should appoint membership as outlined in the original action. Minute Book Nnmber 31 Board of Supervisors Regular Meeting of 04/26/06 424 There was some concern expressed by Board members regarding the departmental make up of the Committee. Administrator Riley recommended the membership be changed to include a voting member from EDC, Planning Commission, School Board, and Finance Committee, with staff providing support for their respective appointee. He advised staff would take this item back for more work and would present a revised committee to the Board in May. The Board's consensus was to have staff rework the committee make up and limit appointments to annual terms rather than two year terms with the final version to come back to the Board for approval. MEMORANDUM AND RESOLUTION RE: 2005 STA TE HOMELAND SECURITY PROGRAM GRANT (RESOLUTION #064-06) - APPROVED Administrator Riley advised this was a resolution to designate an applicant's agent for the grant process. If this resolution was approved, Gary DuBrueler, Director of Fire & Rescue, would be the county's designated agent. Upon a motion by Supervisor Van Osten, seconded by Supervisor Dove, the Board approved the resolution designating the applicant's agent. BE IT RESOLVED by the Board of Supervisors of Frederick County, V A THAT Gary A. DuBrueler, Director is hereby authorized to execute for and in behalf of Frederick County, V A, a public entity established under the laws of the State of Virginia, this application and to file it in the appropriate State Office for the purpose of obtaining certain Federal financial assistance under the OJP, N atiollal Domestic Preparedness Office Grant Program( s), administered by the Commonwealth of Virginia. That Frederick County, V A a public entity established under the laws ofthe Commonwealth of Virginia, hereby authorizes its agent to provide to the Commonwealth and to the Office of Justice Programs (OJP) for all matters pertaining to such Federal financial assistance any and all information pertaining to these Grants as may be requested. Passed and approved this 26th day of April, 2006. 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 (#067-06) RE: VIRGINIA DEP ARTMENT OF TRANSPORTATION 2007-2012 SIX YEAR IMPROVEMENT PROGRAM WORKING DRAFT - APPROVED Minute Book Number 31 Board of Supervisors Regular Meeting of 04/26/06 425 Transportation Planner John Bishop advised that VDOT would be conducting a public hearing on Wednesday, May 3, 2006 regarding the 2007-2012 Six Year Improvement Program Working Draft. The current Six Year Program has $25 million allocated for Frederick County; however, the proposed draft contains only $19.5 million. The number of projects has also been reduced from 21 to 16. Supervisor Dove asked what the proposed resolution would do. Transportation Planner Bishop responded that it would become part ofthe public comment record. He also hoped to notify the County's Commonwealth Transportation Board member ofthis reduction in funding. Chairman Shickle asked that a cover letter be sent along with this request to highlight the two points addressed: reconsideration of the Six Year Program and the request for a detailed statement of what happened to the funding. Upon a motion by Supervisor DeHaven, seconded by Supervisor Lemieux, the Board adopted the resolution and directed that it be forwarded to VDOT with a cover letter. WHEREAS, Frederick County has taken part in the long range planning process as required by federal law; and WHEREAS, Virginia Department of Transportation (VDOT) provided to the County projections of expected revenue based upon a State Revenue stream that has not been changed, and a Federal Revenue stream that has increased since the date of the projections; and WHEREAS, the County, in good faith, allocated those funds to transportation projects within the area; and WHEREAS, no portion of those funds projected for the years 2011 and 2012 via the WinFred Metropolitan Planning Organization process ($2.07 M Secondary, $1.31 MPrimary, $3.38 M Interstate), or their associated transportation projects are reflected in the 2007-2012 Six Year Improvement Program Working Draft; and WHEREAS, ofthe $6.46 M allocated in the 2006-20 II Six Year Improvement Program to the widening of Route 277, only $l. 73 M remains in the 2007 -2012 Six Year Improvemcnt Program Working Draft and the scope has been reduced to "PE Only" when the County (via the WinFred MPO) had determined to use the funding shown in the 2006-20 II Six Year Improvement Program along with an additional $2]4,000 from the projected Primary Road funding for 2011 and 2012 to complete that project through right-of-way acquisition; and WHEREAS, in total these discrepancies lead to a net loss in transportation funding for Frederick County of $ll.49 M; and WHEREAS, projected funding provided by VDOT was already approximately 2-3% of identified needs for the next 25 years. NOW, THEREFORE, BE IT RESOLVED, this Board requests reconsideration by VDOT and the Commonwealth Transportation Board of the 2007-2012 Six Year Improvement Program Minute Book Number 31 Board of Supervisors Regular Meeting of 04/26/06 426 Working Draft and a detailed statement of what has occurred with the projected funding. This resolution shall be in effect on the day 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 COMMITTEE REPORTS LANDFILL OVERSIGHT COMMITTEE REPORT - APPROVED UNDER CONSENT AGENDA The landfill oversight committee met on Tuesday, April 18, 2006 at 8:00 a.m. All committee members were present except Stuart Masters. The following issues were discussed: 1. Closed Session A closed session was convened under the Virginia Code 92.2-3711 (A) (7) to discuss possible legal action. After reconvening from the from the closed session, a motion was made and seconded to direct legal counsel to notify Browning-Ferris Industries (BFI) that our current landfill regulations and county ordinance prohibit bringing solid waste to the Frederick County Landfill from outside the landfill service area. The motion also stated that we reserve the right to seek restitution for possible violations of these regulations and ordinance by BFI. This motion was unanimously approved. A copy of the letter prepared by legal counsel, Bob Mitchell, is attached for your review and information. (Attachment 1) 2. Proposal from RJJ Tire Company. Inc. A proposal was presented from RJJ Tire Company, Inc. to dispose oftire chips at the landfill at no charge. After briefly discussing this issue, a motion was made by John R. Riley, Jr., to table the request until the zoning administrator could determine ifthe RJJ Tire Company, Inc. is currently operating in a properly zoned area. The motion was unanimously approved. (Attachment 2) 3. Project Update a) New Citizens' Convenience Area: The grading and road contract for the new convenience site should be completed by April 30, 2006. The remainder of the project including the site paving, retaining walls and associated site buildings will be advertised for bid on April 20, 2006. b) Upgrade of Leachate Treatment Facility: Bid for the proposed leachate treatment facility upgrades will be received on April 20, 2006. If the bids meet our budget limitations, we anticipate awarding a contract on or before April 28, 2006. c) New Cell Development: Plans for the next cell development in the Municipal Solid Waste landfill should be completed by May 12,2006. We anticipate advertising as soon as practical after that date with a contract award prior to July 1, 2006. d) Improvements on Clarke County Property: Improvements are continuing to be made on the ex-Riley farm located in Clarke County to meet the requirements of the special use Minute Book Number 31 Board of Snpervisors Regular Meeting of 04/26/06 427 permit issued by Clarke County. To date, these improvements have included landscaping, draining certain waste lagoon, and constructing an interior haul road connected to the landfill property located in Frederick County. A contract has also been awarded to McGrane Fence Company to construct approximately 900 feet of treated three (3) board fence. Staffhas also planned to install and sample two (2) monitoring wells. 4. Illel!:aI Dumoine Staff indicated that they were investigating several claims that waste haulers are bringing construction debris to the landfill from outside the designated service area. The Commonwealth's Attorney's office has recommended that a statement be added to the weigh tickets which certifies under the penalty of perjury that the waste originated from a site in the service area. Tim Coyne recommended that the signature attached to this certificate be notarized. FINANCE COMMITTEE REPORT - APPROVED The Finance Committee met in the Board of Supervisors ' Meeting Room at 107 North Kent Street on Wednesday, April 19, 2006 at 8:00 a.m. Items 2, 3, 4, and 5 were approved under consent agenda. - Approved Upon a motion by Vice Chairman Ewing, seconded by Supervisor DeHaven, the Board approved the consent agenda. 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 1. The Commonwealth Attorney requests a General Fund budget transfer in the amount of $14.776. This amount represents the cost of a replacement vehicle for the Investigator through state contract. It is requested that this amount be transferred from the operational contingency line item. See attachment memo, p. 1-4. The committee recommends approval. - Approved Upon a motion by Supervisor 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 2. The Sheriff requests a General Fund suoplemental aporopriation in the amount of$3 7.50. This amount represents this department's share in the recent sale of seized property and is requested to be appropriated to the State Forfeited Property line item. No additional local funds are needed. See attached memo, p. 5. The committee recommends approval. - Approved Under Consent Agenda Minute Book Number 31 Board of Supervisors Regular Meeting of 04/26/06 428 3. The Sheriff requests a General Fund supplemental appropriation in the amount of$400. This amount represents restitution paid for damage done to a cruiser and is requested to be appropriated to the Repair & Maintenance -Vehicle line item. No additional local funds are needed. See attached memo, p. 6. The committee recommends approval. - Approved Under Consent Agenda 4. The Sheriff requests a General Fund supplemental appropriation in the amount of $5.742.50. This amount represents donations and reimbursements for DARE t-shirts and is requested to be appropriated to the Drug Program line item. No additional local funds are needed. See attached memo, p. 7 -9. The committee recommends approval. - Approved Under Consent Agenda 5. The Fire and Rescue Department requests a General Fund supplemental appropriation in the amount of $1.000. This amount represents a donation received and is requested to be appropriated to the Other Operating Supplies line item to assist in purchasing public education and training materials. No additional local funds are needed. See attached memo, p. 10-11. The committee recommends approval. - Approved Under Consent Agenda 6. The Director of the Regional Airport requests an Airport Operating Fund supplemental appropriation in the amount of $14.000. This amount represents increased professional services expenses due to a rezoning request and is offset by an increase in fuel sales. No additional local funds are needed. See attached memo, p. 12-13. The committee recommends approval. - Approved Upon a motion by Vice Chairman Ewing, seconded by Supervisor Fisher, the Board approved the above request by the following recorded vote: Richard C. Shickle Aye Bill M. Ewing Aye Charles S. DeHaven, Jr. Aye Gary W. Dove Aye Gene E. Fisher Aye Philip A. Lemieux Aye Barbara E. Van Osten Aye 7. TheJail Superintendent requests 1) a Jail Fund budget transfer in the amount of$l 0,000 to cover unanticipated advertising expenses; and 2) a Jail Fund supplemental appropriation in the amount of $10.000 to cover increased uniform costs. No additional local funds are needed. See attached memo, p. 14. The committee recommends approval. - Approved Upon a motion by Vice Chairman Ewing, seconded by Supervisor Van Osten, 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 8. The Jail Superintendcnt requests a Jail Fund supplemental appropriation in the amount of$30.000 to cover the initial costs of hiring the eight most critical positions ofthe 26 new positions included in the FY 2007 budget. No additional local funds are needed. See attached memo, p. 15. The committee recommends approval. - Approved Upon a motion by Vice Chairman Ewing, seconded by Supervisor Fisher, the Board Minute Book Number 31 Board of Supervisors Regular Meeting of 04/26106 429 approved the above request, with the additional appropriation of$37,151 of Compensation Board funding, 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 9. Requested information from the March Finance Committee meeting: Proffer funds: The committee directed administration to seek legal opinions regarding the disbursement of proffers and to suspend disbursing Fire and Rescue proffers while seeking the legal opinions. See attached, p. 16-43. Fire Program Funds and Four-For-Life Funds: The committee recommended thatthe Director of Fire and Rescue provide additional information on these programs at next month's meeting. See attached, p. 16-43. 10. Information has been provided to continue dialogue on: Reassessments: The committee vote tied on the reassessment time line and is being forwarded to the Board of Supervisors with no recommendation. The committee supported an in- house reassessment. - Approved Conducting the Reassessment in House; Approved Two Year Reassessment Cycle Beginning 2011 Chairman Shickle asked Commissioner of the Revenue Ellen Murphy to address the Board regarding this proposal. Commissioner Murphy advised in house reassessments would be a lot of work for staft~ but it could be done and would save the County a lot of money. She stated that the time period was in question, a two year versus a four year reassessment cycle. Supervisor Van Osten asked for Commissioner Murphy's recommendation on a time frame and scenario. Commissioner Murphy advised that it could be done effective January 1,2008, but she would need to get some additional employees and she would need an immediate decision from the Board. She went on to say that she believed more frequent assessments, less than four years, would be better. Vice Chairman Ewing advised the Finance Committee supported the in-house reassessment, but did not recommend a time frame. Supervisor Lemieux stated that he would like to see the County have the time to enter into this process slowly and work its way from a four year reassessment to two year. Vice Chairman Ewing stated that his ultimate goal would be to have reassessments on a two Minute Book Nnmber 31 Board of Supervisors Regular Meeting of 04/26/06 430 year cycle and felt this could be done effective 20 II. Supervisor Van Osten stated she could support that recommendation. Upon a motion by Vice Chairman Ewing, seconded by Supervisor Van Osten, the Board voted to move reassessments to a two year cycle commencing in 2011. 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 DeHaven, the Board approved doing reassessments in-house with statIfunding to begin in 2007. 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 Land Use: The committee recommended that the Commissioner of the Revenue continue to look at options on land use valuations. Property Tax Relief: The committee will discuss this issue at next month's meeting. 11. Requested information regarding Fire and Rescue overtime and proposed work schedules are attached for discussion. See attached memo, p. 56-85. Due to time constraints, this item will be discussed at next month's meeting. 12. The committee authorized the Audit Committee Chairman to sign the Audit Engagement Letter. ***For Information Only*** The Finance Director is providing a report on Fund Balance. See attached, p. 86. PUBLIC HEARINGS PUBLIC HEARING - OUTDOOR FESTIVAL PERMIT REOUEST OF BURNT FACTORY UNITED METHODIST CHURCH - "BURNOUT" CHRISTIAN MUSIC FESTIVAL FOR YOUTH. PURSUANT TO THE FREDERICK COUNTY CODE. CHAPTER 86. FESTIVALS: SECTION 86-3 C. PERMIT REOUlRED: APPLICATION; ISSUANCE OR DENIAL: FOR AN OUTDOOR FESTIVAL PERMIT. FESTIVAL TO BE HELD ON SATURDAY. MAY 26.2006. FROM 12:00 NOON TO 7:00 P.M.; ON THE PROPERTY OF. AND OWNED BY. BURNT Minute Book Number 31 Board of Supervisors Regular Meeting of 04/26/06 431 FACTORY CHURCH. 1943 JORDAN SPRINGS ROAD. (INTERSECTION OF BURNT FACTORY ROAD AND JORDAN SPRINGS ROAD). STEPHENSON. VIRGINIA - APPROVED Administrator Riley advised this was an application for an Outdoor Festival Permit for Burnt Factory United Methodist Church "Burnout" Christian Music Festival for Youth, to be held on Saturday, May 27, 2006 from 12:00 p.m. to 7:00 p.m. The event will be held on the property owned by Burnt Factory United Methodist Church. The purpose ofthe event is to raise money for mission work and local ministries. Tickets will be sold at a price of $ 15/each and 500-1,000 attendees are anticipated. No alcoholic beverages will be served or are permitted at this event. Tom Miller, Lay Leader for Burnt Factory United Methodist Church, appeared on behalf of the applicant. He stated this was a new endeavor for the church. He went on to say that Webb Koshene, an adjacent property owner, has agreed to allow the church to use his property for parking. Both parcels are covered by insurance. He concluded by saying that the site is about 1/4 mile from other properties. Supervisor Dove asked about the number of toilet facilities being provided and wanted to know ifthere was a sufficient number, given the anticipated crowd. Mr. Miller responded that a final number offaci1ities would be determined once ticket sales are finalized. 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 Van Osten, the Board approved Outdoor Festival Permit Request of Burnt Factory United Methodist Church - "BURNOUT" Christian Music Festival for Youth. 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 PLANNING COMMISSION BUSINESS Miuute Book Number 31 Board of Supervisors Regular Meeting of 04/26/06 432 PUBLIC HEARINGS PUBLIC HEARING - REZONING #17-05 OF RUSSELL-GLENDOBBIN. SUBMITTED BY PATTON HARRIS RUST & ASSOCIATES. TO REZONE 67.73 ACRES FROM RA (RURAL AREAS) DISTRICT TO RP (RESIDENTIAL PERFORMANCE) DISTRICT WITH PROFFERS. FOR 60 SINGLE FAMILY HOMES. AND TO REOUEST A WAIVER OF THE PRESERVATION LOT RESTRICTIONS ESTABLISHED WITH THE GLENDOBBIN RIDGE RURAL PRESERVATION SUBDIVISION. THE PROPERTIES ARE LOCATED SOUTH AND ADJACENT TO GLENDOBBIN ROAD (ROUTE 673). APPROXIMATELY 3.250 FEET WEST OF THE INTERSECTION OF GLENDOBBIN ROAD AND PAYNE ROAD (ROUTE 663). AND ARE IDENTIFIED BY PROPERTY IDENTIFICATION NUMBERS (PINS) 43-A-15B AND 43-A-16. IN THE STONEWALL MAGISTERIAL DISTRICT (CANCELED) OTHER PLANNING ITEMS RED BUD AGRICULTURAL AND FORESTAL DISTRICT - TO CONSIDER ESTABLISHMENT OF A NEW AGRICULTURAL AND FORESTAL DISTRICT CONTAINING 879.98 ACRES WITHIN 43 PARCELS. MANAGED BY 24 PROPERTY OWNERS. THE PROPOSED DISTRICT IS LOCA TED ALONG RED BUD ROAD (ROUTE 661). PINE ROAD (ROUTE 661) AND BURNT FACTORY ROAD (ROUTE 659). STRADDLING REDBUD RUN EAST OF INTERSTATE 81 AND NORTH OF BERRYVILLE PIKE (ROUTE 7). AN APPLICATION FOR THE CREATION OF THIS DISTRICT WSA SUBMITTED TO FREDERICK COUNTY ON OCTOBER 31. 2005 AND REFERRED TO THE PLANNING COMMISSION IN ACCORDANCE WITH CHAPTER 15.2-4300 OF THE CODE OF VIRGINIA. IN FREDERICK COUNTY. AN AGRICULTURAL & FORESTAL DISTRICT IS ESTABLISHED FOR FIVE (5) YEARS. IN THE CASE OF THIS NEW DISTRICT. IT IS PROPOSED THAT THE DISTRICT EXPIRE MAY 1. 2010. TO BE CONSISTENT WITH OTHER FREDERICK COUNTY AGRICULTURAL & FORESTAL DISTRICTS. LAND MAY BE REMOVED FROM THE AGRICULTURAL & FORESTAL DISTRICT AT THE LANDOWNER'S DISCRETION WITH BOARD OF SUPERVISORS CONSENT. WITHIN THE FIVE (5) YEAR PERIOD. THERE IS NO PENALTY FOR DOING SUCH AFTER FOLLOWING PROCEDURES SET OUT IN THE CODE OF VIRGINIA. PROPERTY OWNERS SEEKING TO ADD THEIR LAND PARCELS TO A DISTRICT SHOULD CONTACT THE FREDERICK COUNTY DEPARTMENT OF PLANNING AND DEVELOPMENT (VOTE POSTPONED FROM FEBRUARY 22. 2006 MEETING.) - (RESOLUTION #068-06) - APPROVED EXCLUDING PARCEL 55-A-152 Senior Planner Susan Eddy appeared before the Board regarding this item. She advised this was a request to establish the Red Bud Agricultural & Forestal District containing 880 acres. The Board held a public hearing at its February 22, 2006 meeting. At that time, the Board expressed concerns regarding the impact of Route 37 on this proposed district and referred this item to the Transportation Committee for review. The Committee discussed the alignment of Route 37 and, at its April 5,2006 meeting, endorsed alternate alignment C-XL. Senior Planner Eddy went on to say that another issue that has surfaced is the placement of a sewer line within the district. She advised the Sanitation Authority showed a 45 acre parcel affected by this potential sewer easement. She Minute Book Number 31 Board of Supervisors Regular Meeting of 04/26/06 433 went on to say that a decision is being sought by the Board. The Board could establish the district tonight using the map and resolution included in its agenda packet; however, ifthe Board desired, they could exclude parcel 55-A-152, which is affected by the sewer easement, by adopting the resolution provided this evening. Upon a motion by Supervisor DeHaven, seconded by Supervisor Lemieux, the Board approved the Red Bud Agricultural and Forestal District application, excluding parcel 55-A-152, leaving approximately 835 acres. WHEREAS, a proposal to create the Red Bud Agricultural & Forestal District to consist of 879.98 acres was considered. The properties are located along Redbud Road (Route 661), Pine Road (Route 661), and Burnt Factory Road (Route 659), straddling Redbud Run east ofInterstate 81 and north of Berryville Pike (Virginia Route 7), and are identified by Property Identification Numbers 43-A-154, 43-A-159, 44D-2-6, 44-A-28, 44-A-28A, 44-A-28C, 44-A-28D, 44-A-28F, 44- A-28G, 44-A-281, 54-A-87, 54-A-88, 54-A-89C, 54-A-90, 55-A-5, 55-A-5A, 55-A-5B, 55-A-5C, 55-A-5D, 55-A-6, 55-A-7, 55-A-7 A, 55-A-7B, 55-A-7C, 55-A-7D, 55-A-7E, 55-A-8, 55-A-14, 55- A-18, 55-A-19, 55-A-20, 55-A-2l, 55-A-I09B, 55-A-115, 55-A-I17, 55-A-118, 55-A-129, 55-A- l29A, 55-A-138, 55-A-139, 55-A-15l, 55-A-15IA in the Stonewall Magisterial District. This application was reviewed by the Agricultural District Advisory Committee (ADAC), and the Planning Commission during their regularly scheduled meetings; and WHEREAS, the Agricultural District Advisory Committee (ADAC) recommended approval of this proposal on January 10,2005; and WHEREAS, the Planning Commission held a public hearing and recommended approval on this proposal to establish the Red Bud Agricultural & Forestal District on February 1,2006; and WHEREAS, the Board of Supervisors held a public hearing on this proposal to establish the Red Bud Agricultural & Forestal District on February 22,2006; and WHEREAS, the Frederick County Board of Supervisors finds the establishment ofthis Red Bud Agricultural & Forestal District contributes to the conservation and preservation of agricultural and forestal land in Frederick County. NOW, THEREFORE, BE IT ORDAINED, by the Frederick County Board of Super visors as follows: The Frederick County Board of Supervisors hereby establishes the Red Bud Agricultural & Forestal District to consist of834.98 acres in the Stonewall Magisterial District, with an expiration and renewal date of May 1st, 2010. This Agricultural & Forestal District is as described on the attached map. 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 Bill M. Ewing Aye Charles S. DeHaven, If. Aye Gary W. Dove Aye Gene E. Fisher Aye Philip A. Lemieux Aye Barbara E. Van Osten Aye Minute Book Number 31 Board of Supervisors Regnlar Meeting of 04/26106 434 DISCUSSION - UDA STUDY UPDATE Planning Commission Chairman June Wilmot and Commissioner George Kriz appeared before the Board regarding this item. They extended an invitation to the Board to attend the public input meetings regarding the UDA Study. MEMO REOUESTING WORK SESSION TO DISCUSS RURAL TRANSPORTATION FUNDING PLANNING- WORK SESSION SET FOR MAY 11. 2006 AT 12:15 P.M. The Board approved a joint worksession with the Planning Commission to be held on Thursday, May 11,2006 at 12:15 p.m. to discuss rural transportation planning and fund programs. Chairman Shickle asked staff to distribute material to the Board prior to the work session if the intent of the meeting was to get direction from the Board. BOARD LIAISON REPORTS Supervisor Fisher reported the Frederick-Winchester Service Authority will hold a public hearing no May 10,2006 regarding a change in user rates. CITIZEN COMMENTS There were no citizen comments. BOARD OF SUPERVISORS COMMENTS Supervisor Fisher asked about the status of the RA study. Planning Director Eric Lawrence advised that staff has developed a policy based upon the table prepared by the Chairman and has forwarded a working draft to administration for review. Chairman Shickle asked if staff was ready for a timc line. Planning Director Lawrence responded that staff was ready for direction. Administrator Riley stated that staffwould like to raise this issue atthe May 11 th worksession because he felt the Transfer of Development Rights and transportation legislation that has recently been passed might address many of the Board's concerns regarding the rural areas. ADJOURN UPON A MOTION BY VICE CHAIRMAN EWING, SECONDED BY SUPERVISOR DEHAVEN, THERE BEING NO FURTHER BUSINESS TO COME BEFORE THIS BOARD, THIS MEETING IS HEREBY ADJOURNED. (8:33 P.M.) Minute Book Number 31 Board of Supervisors Regular Meeting of 04/26/06 435 '- Q,O Q ~~ Richard C. Shickle Chairman, Board of Supervisors ~~:Y~ Joh R. Riley, Jr. Clerk, Board of Supervisors Minutes Prepared By: g~ ~ -r(-J~ Jay ~ Ti bs Deputy Clerk, Board of Supervisors Minute Book Number 31 Board of Supervisors Regular Meeting of 04/26/06