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HomeMy WebLinkAboutJuly 11, 2001 Regular Meeting 339 A WorksessionJRegular Meeting ofthe Frederick County Board of Supervisors was held on July 11,2001, at 5:45 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 Charles W. Orndoff, Sr.; W. Harrington Smith, Jr.; Robert M. Sager; Margaret B. Douglas; and Sidney A. Reyes. WORKSESSION (5:45 P.M.) WITH TOWN OF STEPHENS CITY OFFICIALS FOR DISCUSSION OF BOUNDARY LINE ADJUSTMENT Board members, along with Stephens City Officials and Town Manager Mike Kehoe, retired to the Closed Session Room for discussion of Stephens City Boundary Lines. This was not a closed session. Stephens City officials left the worksession at approximately 6:20 P.M. 7:15 P.M. - CALL TO ORDER Chairman Shickle called the meeting to order. INVOCATION Supervisor Sager delivered the invocation in absence of a minister. PLEDGE OF ALLEGIANCE ADOPTION OF AGENDA County Administrator Riley advised that he had a request from Airport Manager Renny Manuel for a budget supplemental increase. Upon motion made by Supervisor Smith, seconded by Supervisor Orndoff, the agenda was approved, as amended, by the following recorded vote: Richard C. Shickle - Aye Charles W. Orndoff, Sr. - Aye W. Harrington Smith, Jr. - Aye Robert M. Sager - Aye Margaret B. Douglas - Aye Sidney A. Reyes - Aye CONSENT AGENDA Administrator Riley suggested the following tabs for approval under consent: 1. Road Resolution - Woodbrook Village, Section 1- Tab 0; 2. Landfill Oversite Committee - Tab R. Upon motion made by Supervisor Orndoff, seconded by Supervisor Smith, the consent agenda, as noted above, was approved by the following recorded vote: Minute Book Number 27 Board of Supervisors Meeting of 07/11/01 340 Richard C. Shickle - Aye Charles W. Orndoff, Sr. - Aye W. Harrington Smith, Jr. - Aye Robert M. Sager - Aye Margaret B. Douglas - Aye Sidney A. Reyes - Aye CITIZEN COMMENT Wayne Nicholson, Shawnee District, has some concerns about development in Frederick County. He has obtained copies of disclosure forms of Board members as well as planning commission members. He referred to Tab J, Conditional Use Permit #01-01 for Shale Mining included on tonight's agenda, and asked the Board to look into and do whatever it takes to correct the appearance of the "good old boy" network. He is not accusing anyone on the Board or planning commission of any impropriety, but feels standards need to be set higher when they are dealing in real estate and businesses. Pat Gochenour, Shawnee District, referred to her accomplishments in college and a poem she had written. The title of the poem was "Our Debt to the Past" which she read at this time. MINUTES Upon motion made by Supervisor Orndoff, seconded by Supervisor Reyes, the minutes of the regular meeting of May 23,2001 were approved, as submitted, by the following recorded vote: Richard C. Shickle - Aye Charles W. Orndoff, Sr. - Aye W. Harrington Smith, Jr. - Aye Robert M. Sager - Aye Margaret B. Douglas - Aye Sidney A. Reyes - Aye Upon motion made by Supervisor Orndoff, seconded by Supervisor Sager, the minutes of the worksession of May 30, 2001, Economic Modeling, were approved, as submitted, by the following recorded vote: Richard C. Shickle - Aye Charles W. Orndoff, Sr. - Aye W. Harrington Smith, Jr. - Aye Robert M. Sager - Aye Margaret B. Douglas - Aye Sidney A. Reyes - Aye COMMITTEE APPOINTMENTS There were no committee appointments made. RESOLUTION (#001-01) REQUESTING ADVANCEMENT OF }fUNDS TO ASSESS LOCATION. DESIGN AND ENVIRONMENTAL IMPACT OF THE RELOCATION Minute Book Number 27 Board of Supervisors Meeting of 07/11101 341 OF THE STEPHENS CITY/I-81 INTERCHANGE - APPROVED Administrator Riley presented the following resolution to the Board: WHEREAS, Section 33.1-75.3, Code of Virginia, 1950, as amended, enables Frederick County, Virginia to receive reimbursement from the Commonwealth Transportation Board for funds advanced for preliminary engineering on primary road projects identified in the Six Year Primary Allocation Plan; and WHEREAS, it is the desire ofthe Frederick County Board of Supervisors to advance said funds to assess the location, design and environmental impact of the relocation of the Stephens City/I-81 Interchange. NOW, THEREFORE, BE IT RESOLVED, that the Board of Supervisors for the County of Frederick, Virginia, respectfully requests the Commonwealth Transportation Board to authorize the Department of Transportation to enter into said agreement, which will provide for the reimbursement of funds advanced by Frederick County, for the intended purpose of relocating the Stephens City/I-81 Interchange. ADOPTED this 11 th day of July 2001. Upon motion made by Supervisor Sager, seconded by Supervisor Smith, the above resolution was approved by the following recorded vote: Richard C. Shickle - Aye Charles W. Orndoff, Sr. - Aye W. Harrington Smith, Jr. - Aye Robert M. Sager - Aye Margaret B. Douglas - Aye Sidney A. Reyes - Aye RESOLUTION (#002-01) RATIFYING DECLARATION OF EMERGENCY DUE TO RECENT FLOODING (JUNE 23. 2001) - APPROVED Administrator Riley presented the following rcsolution to the Board: WHEREAS, the Board of Supervisors of the County of Frederick does hereby find that: 1. Due to flash flooding, the County of Frederick is facing dangerous conditions; 2. Due to flood conditions, a condition of extreme peril oflife and property necessitates the proclamation of the existence of an emergency. NOW, THEREFORE, IT IS HEREBY PROCLAIMED by the Board of Supervisors of the County of Frederick, Virginia, that an emergency exists throughout the county, and IT IS FURTHER PROCLAIMED AND ORDERED that during the existence of said emergency, the powers, functions, and duties of the Director of Emergency Services and the Emergency Service Organization of the County of Frederick shall be those prescribed by state law, and the ordinances, resolutions, and approved plans ofthe County of Frederick in order to mitigate the effects of said emergency. ADOPTED this lIth day of July 2001. Upon motion made by Supervisor Smith, seconded by Supervisor Reyes, the above resolution was approved by the following recorded vote: Minute Book Number 27 Board of Supervisors Meeting of 07/11/01 342 Richard C. Shickle - Aye Charles W. Orndoff, Sr. - Aye W. Harrington Smith, Jr. - Aye Robert M. Sager - Aye Margaret B. Douglas - Aye Sidney A. Reyes - Aye REQUEST FORA SUPPLEMENTAL APPROPRIATION FOR THE GYPSY MOTH SUPPRESSION PROGRAM - APPROVED Administrator Riley presented this request to the Board explaining that the Frederick County Extension Department requests a General Fund Supplemental Appropriation in the amount of $23,975 to various line items for the gypsy moth suppression program. Originally, 10,000 acres were projected to be sprayed; however, the final figure has exceeded 15,500. He further explained the supplemental appropriation includes $8,596 in state funds, and $15,379 in additional local funds. Upon motion made by Supervisor Sager, seconded by Supervisor Reyes, the above request was approved by the following recorded vote: Richard C. Shickle - Aye Charles W. Orndoff, Sr. - Aye W. Harrington Smith, Jr. - Aye Robert M. Sager - Aye Margaret B. Douglas - Aye Sidney A. Reyes - Aye WINCHESTER REGIONAL AIRPORT REQUEST FOR SUPPLEMENTAL INCREASE - MERCHANDISE FOR RESALE - APPROVED Administrator Riley explained a request had been received from Manager Renny Manuel for a supplemental appropriation to the Merchandise for Resale line item to cover the fuel purchased for resale through June 30, 2001. These expenditures, as offset by revenue generated through the sale of the fuel, will not require any additional funds from the County of Frederick or the City of Winchester for FY 2000-2001. The transfer is as follows: Merchandise for Resale 4-017-08109-5414-000-000 $20,000 Revenue from the sale of fuel: Miscellaneous Revenue 017 -018990-00 I 0 $20,000 Upon motion made by Supervisor Smith, seconded by Supervisor Douglas, the above request was approved by the following recorded vote: Richard C. Shickle - Aye Charles W. Orndoff, Sr. - Aye W. Harrington Smith, Jr. - Aye Robert M. Sager - Aye Minute Book Number 27 Board of Supervisors Meeting of 07/11/01 343 Margaret B. Douglas - Aye Sidney A. Reyes - Aye PUBLIC HEARING - TO ENACT A RESOLUTION (#003-01) PURSUANT TO THE CODE OF VIRGINIA. 1950. AS AMENDED. SECTION 15.2-2009. ET. SEQ.. TO ALLOW FOR THE ENCROACHMENT ON COUNTY OWNED PROPERTY FOR THE PURPOSE OF ACCESS TO A GROUNDWATER WELL LOCATED IN THE SHAWNEELAND SANITARY DISTRICT. LOT 18 AND LOT 19. RAINBOW FALLS. PLAT 1. SECTION 15. ROAD DESIGNATED AS DOE TRAIL - APPROVED Administrator Riley presented this resolution to the Board. Tom Chasler, local attorney, was present on behalf of Ms. Salisbury. He explained to the Board his request on behalf of his client. Supervisor Douglas moved for approval, with Supervisor Orndoff seconding the motion, of the following resolution: WHEREAS, an application of Virginia M. Salisbury has been made for adoption of a resolution permitting the presently existing encroachment upon the property of the ShawneeLand Sanitary District under and upon the public street known as Doe Trail in ShawneeLand, Back Creek Magisterial District, for a well erroneously constructed thereon which serves the property known as Lots 18 and 19, Rainbow Falls, Plat 1, Section 15, ShawneeLand, of the applicant, such encroachment being as more particularly shown on the plat of Artz and Associates dated April 4, 2001, which is incorporated herein by this reference; and WHEREAS, such proposed resolution having been duly advertised and a public hearing having been duly held thereon. NOW, THEREFORE, BE IT KNOWN, that, upon , and seconded by recorded hereinafter, this resolution is hereby adopted as follows: motion duly made by , and upon the votes as The ShawneeLand Sanitary District authorizes Virginia M. Salisbury, her heirs, successors, or assigns, to maintain the well and necessary pump and piping presently existing as an encroachment under and upon the public street known as Doe Trail, in ShawneeLand, Back Creek Magisterial District, to service, and for the benefit of the property known as Lots 18 and 19, Rainbow Falls, Plat 1, Section 15, ShawneeLand, and none other, and to the extent necessary to enter and excavate upon and under Doe Trail to maintain and repair such well, pump, and piping, provided; however, that those exercising any such authority shall restore such property to its condition at their sole expense. Such authority to so encroach shall continue until such time as such encroachment shall exist only until such time as the present well is removed or for so long as the well remains operational and does not interfere with any legitimate public use of the property, or until this resolution is repealed, deleted, or superseded by further action of the governing body, whichever occurs sooner. Such authority shall not be construed to relieve said owners or their successors of any negligence on their part on account of such encroachment. The above motion was approved by the following recorded vote: Richard C. Shickle - Aye Charles W. Orndoff, Sr. - Aye W. Harrington Smith, Jr. - Aye Robert M. Sager - Aye Minute Book Number 27 Board of Supervisors Meeting of 07/11/01 344 Margaret B. Douglas - Aye Sidney A. Reyes - Aye PLANNING COMMISSION BUSINESS REZONING #04-00 OF MID-ATLANTIC INDUSTRIAL & TECH CENTER - SUBMITTED BY GREENWAY ENGINEERING ON BEHALF OF SHOCKEY INDUSTRIES. TO REZONE 206 ACRES FROM RA (RURAL AREAS) TO Ml (LIGHT INDUSTRIAL). AND 198 ACRES FROM RA (RURAL AREAS) TO M2 (INDUSTRIAL GENERAL), THIS PROPERTY IS LOCATED EAST OF MILBURN ROAD (ROAD 662). SOUTH OF OLD CHARLES TOWN ROAD (ROUTE 761) AND SOUTHWEST OF JORDAN SPRINGS ROAD (ROUTE 664) AND IS IDENTIFIED WITH PROPERTY IDENTIFICATION NUMBERS 44-A-31. 44-A292. AND 44-A-293 IN THE STONEWALL MAGISTERIAL DISTRICT - POSTPONED - AMENDED PROFFER STATEMENT TO BE PRESENTED AND DATE SCHEDULED FOR ADDITIONAL PUBLIC HEARING Administrator Riley reviewed the calendar of events with this request and advised the Board of their current options. Don Shockey appeared before the Board at which time he advised that he had been in touch with Board members since the last meeting concerning various issues of this rezoning request. He feels the conversations have been very productive. He stated that Shockey Companies started work on this particular proj ect six years ago and the company remains committed to supporting Frederick County's industrial economic development. They are proud of their rezoning application and continue to stand behind it as it is important to the citizens of Frederick County. They have listened to the Board's comments, and with that in mind, they are willing to further amend their proffer statement and will submit these in writing within the specified time. If it is the Board's desire to obtain further amendments to the proffer statement, it is his understanding that another public hearing will be required; therefore, he requested the Board to consider another public hearing. Supervisor Orndoff stated that he felt the Board should listen to what Mr. Shockey has to add and moved to postpone this rezoning request until the next Board meeting. Supervisor Sager seconded the motion. Supervisor Reyes asked that County Attorney Lawrence Ambrogi comment on this motion. Attorney Ambrogi replied that it is legal and requires the Board's vote. Chairman Shickle explained that he felt Supervisor Reyes' question was whether it was proper for the Board to entertain the request for a revised proffer statement which requires an additional public hearing. Attorney Ambrogi replied that it is discretionary, the Board does not have to honor the Minute Book Number 27 Board of Supervisors Meeting of 07/11/01 45 request. He further explained that this would definitely require an additional public hearing due to the new information that would be provided. Supervisor Sager stated that he came to this meeting prepared to bring closure to this matter; however, he also indicated that he would consider what was to be presented. He would give Mr. Shockey that opportunity, but he could go either way. Supervisor Reyes explained that his natural inclination was to vote no; however, if this is appropriate and legal, and the applicant has the right to submit new proffers, and the Board is required to entertain those proffers, then he would have to agree to this motion. He is casting his vote based on the legalities that the applicant has the right to hear further comment. The above motion was approved by the following recorded vote: Richard C. Shickle - Aye Charles W. Orndoff, Sr. - Aye W. Harrington Smith, Jr. - Aye Robert M. Sager - Aye Margaret B. Douglas - Aye Sidney A. Reyes - Aye PUBLIC HEARINGS: PUBLIC HEARING - REZONING #01-01 OF SOUTHERN HILLS. SUBMITTED BY G. W. CLIFFORD & ASSOCIATES. INC.. TO REZONE A 105- ACRE TRACT OF LAND FROM RA (RURAL AREAS) TO RP (RESIDENTIAL PERFORMANCE) TO ESTABLISH 250 SINGLE FAMILY RESIDENTIAL LOTS. THIS PROPERTY IS LOCATED SOUTH OF STEPHENS CITY. EAST OF INTERST ATE 81: 0.8 MILES SOUTH OF ROUTE 277 (FAIRFAX PIKE ON THE EAST SIDE OF TOWN RUN LANE (ROUTE 1012)) AND IS IDENTIFIED WITH PROPERTY IDENTIFICATION NUMBER 85-A-138 IN THE OPEOUON MAGISTERIAL DISTRICT - APPROVED Planning Director Evan Wyatt presented this request to the Board advising that staff and planning commission recommended approval. Supervisor Reyes inquired as to who requested a traffic impact statement. Director Wyatt advised this was requested by the county. Supervisor Sager inquired about the installation of the traffic light. Director Wyatt advised this was VDOT's call and that the planning commission felt it was needed now and not later. Wayne Nicholson, Opequon District, is neither for or against this request. He asked if the plan calls for sidewalks and street lights. Walt Cunningham, resident of Shawnee District and President of the County Fire and Rescue Association, advised that he did not hear anything in the report, given by Director Wyatt, of Minute Book Number 27 Board of Supervisors Meeting of 07/11/01 346 the impact this rezoning would have on county fire and rescue companies. Upon motion made by Supervisor Sager, seconded by Supervisor Smith, rezoning #Ol-Ol of Southern Hills was approved, as presented, by the following recorded vote: Richard C. Shickle - Abstained - (due to a possible conflict) Charles W. Orndoff, Sr. - Aye W. Harrington Smith, Jr. - Aye Robert M. Sager - Aye Margaret B. Douglas - Aye Sidney A. Reyes - Aye Supervisor Reyes asked if Walt Cunningham's question could be answered. Chuck Maddox ofG.W. Clifford Associates advised that an amount of$410 per lot would be paid by the developer. PUBLIC HEARING - CONDITIONAL USE PERMIT #01-01 OF S. BLAINE WILSON AND KEITH A. WILSON FOR SHALE MINING. THE PROPERTIES ARE LOCATED AT 881 W. PARKINS MILL ROAD AND IS IDENTIFIED WITH PROPERTY IDENTIFICATION NUMBERS 76-A-137 AND 76-A-137A IN THE SHAWNEE MAGISTERIAL DISTRICT - APPROVED Supervisor Smith advised that he would be abstaining from any discussion or vote on this request due to a possible conflict as Mr. Wilson is one of his appointees to the planning commission. Assistant Planning Director Eric Lawrence presented this request to the Board advising them that this location has been a mining operation for fourteen years; however, there has not been a conditional use permit for the operation. He further explained that the only reviewing agent having any input was VDOT, and they have said that the entrance currently being used will have to be improved to meet VDOT's standards. He advised this request was before the Board due to a complaint received in the planning department concerning the operation. He further advised, following research by staff, a letter dating back to 1987 from the planning department authorized Mr. Wilson to remove shale from the property temporarily. It is the opinion of county staff and legal personnel that temporarily should not have exceeded fourteen years. This was an oversight, thus the reason this request is before the Board at this time. Assistant Lawrence did explain there were no permits required for shale mining fourteen years ago. He advised the Board that this site has been under state contract during these fourteen years by the Department of Mines, Minerals and Energy, Division of Mineral Mining, and that David Cress, Mine Inspector, is present at this meeting should the Board have any questions. He advised the Board that this property is currently accessed via Airport Road. He did point out that there were citizens at the planning commission meeting that Minute Book Number 27 Board of Supervisors Meeting of 07/11101 347 expressed concerns about access on this road. He advised that the planning commission did endorse this request with conditions. Supervisor Sager asked what the road width is for Route 645. Assistant Lawrence replied approximately fourteen feet. Supervisor Reyes asked County Attorney Ambrogi his opinion of a letter that had been received from the law offices of Harrison & Johnston with reference to this request. Attorney Ambrogi replied that is between the applicant and that individual, it is strictly a private matter. Attorney Ty Lawson appeared before the Board on behalf ofthe applicants and advised this request is being pursued through the CUP application. He further advised that the Wilsons do believe, and have believed, they were legal in their operation over these fourteen years based upon the letter provided to them in 1987 by the county planning department.. Steve Melnikoff, ofVDOT, appeared before the Board at this time to respond to questions from Supcrvisor Reyes. Supervisor Reyes stated that he has some concerns about this application as he has visited the property and is concerned about the airport road. He feels it is totally inappropriate for this type of traffic, especially during the time school buses travel this road. Mr. Melnikoff explained that since the time this information was provided to Assistant Lawrence, he has remeasured the area, and directly at the entrance to the property in question is eighteen feet, and further east of the entrance on the other side of the bridge, is seventeen feet. Supervisor Reyes explained that he walked this area, and he does not see how a school bus and a tractor-trailer could travel this same road, as something would have to give based on the width of both vehicles. He has some real concerns about children being on a school bus on this section of road and what might happen when they meet a tractor trailer. He feels this is a county problem. Steve Melnikoff advised, that given the situation as described by Supervisor Reyes, and the size of the mirrors on both of these vehicles, this would put these two vehicles very close together when trying to pass, and there would have to be some give and take in order to allow them room to pass. Attorney Lawson addressed the issue ofthe school buses. He advised they have spoke with school officials and they have obtained notes from three different school bus drivers that drive on Minute Book Number 27 Board of Supervisors Meeting of 07/11/01 348 this road, and each have expressed that they have driven this road for years without incident. He read a note from Lisa Royston stating this. The other two drivers were Mary Boor and Kelly Fox. Mr. Lawson explained that at the planning commission there were no complaints about the operation itself, it was the truck traffic that the complaints were received. He further explained that this business has only been in operation a total of five days this year. It is a continuous business, but it is sporadic. Attorney Lawson advised that this operation is overseen by the Department of Mines, and this should not be taken lightly. Dave Cress appeared before the Board at which time he advised them that he makes two inspections per year at this site. He further advised the Board ofthe Mine Safety Act and Laws and how they apply to this site. He presented the Board with a copy of these laws. Supervisor Sager questioned the twenty four trips per day. Attorney Lawson explained that over a three day period there were 111 loads removed from this site. Kris Fauver, Shawnee District, appeared before the Board. He explained that he grew up in this area and there is some emotion with the neighbors due to this mining operation and the truck traffic. He has four children ranging from 1 Yz to 15 years and feels safety is a big issue with the children, and is very concerned, not only for their safety, but also other children. He referred to a statement made by one ofthe bus drivers, Ms. Royston, and wanted the Board to know that she had only driven a bus for one year on this road, and given the fact the mine was only in operation for five days during this time period, he didn't really feel that she was in a position to know the full extent of the truck traffic. Wayne Nicholson, Shawnee District, is opposed to this request as he does not feel it is ethically right. He has problems with a member of the planning commission, who has sat at meetings and repeatedly approved construction projects for the county, and tonight this individual has something before the Board that will directly benefit him that is directly tied into construction. He feels this member should be removed from the planning commission or he should withdraw this permit request. Tammy Symons, resident of Airport Road. She is opposed to this request because of added dirt and noise, and she too feels the roads are too narrow for this truck traffic. She explained to the Minute Book Number 27 Board of Supervisors Meeting of 07/11/01 349 Board that her greatest concern is the safety of the children, they cannot be replaced. Where her son catches the school bus, the width of the road if 16 feet. She further explained to the Board that she knows of times that the school buses have been forced off the road. There have been days when there have been as many as seventy trucks up and back within one day. She explained to the Board that she has spent many hours on this matter and she has facts and figures to back up everything that she has said. She referred to a report that she received from the Department of Mines, and based on that, she feels there have been more than five days of operation from this site in a year as stated by Mr. Wilson's attorney. Grace Vandeburgh, school bus driver on this particular road for twelve years, explained to the Board that there were lots of trucks during this time. She felt it was always the responsibility ofthe bus drivers to look out for the safety ofthe children, never the truck drivers. She feels this is a very serious situation. Gary VanMeter, Shawnee District, feels the trucks need to be rerouted. This is not the best way as there are times that it is hazardous even for two cars, never mind trucks of this size. The trucks need to go in another direction. Chuck Maddox, G. W. Clifford Associates, takes exception to comments that have been made about members of the board of supervisors, as well as other boards and commissions, about conflict of interest, etc. Bernard Hildebrand, resident of Airport Road, referred back to the years of 1990 to 1992, and the fact that truck traffic was not noticed much at all; however, later on in past years this has changed, especially since 1997 as trucks have gotten much bigger, and he has noticed an increase in the trips being made on this road. He asked about sedimentary control as he was not aware of any at this site. Herman Fauver, resident of Airport Road, referred to petition he wanted to present to the Board, to be part of the record, wherein thirty-nine area residents have signed in opposition to this CUP. Nick Turner, resident of Airport Road, advised that he felt safety is the greater issue here. He told of how the trucks are bottle necking and this is also a concern. He asked the Board to deny this request. Allen Taylor, is an adjoining property owner to the site in question. He purchased this Minute Book Number 27 Board of Supervisors Meeting of 07/11/01 350 property in 1997 and built on it in 1998. He likes the road the way it is. Bill ?, resident of Airport Road, explained how narrow the road is, and that is why Victory Lane was built to help alleviate some of the traffic problems. He asked the Board to vote no on this request. Attorney Lawson stated that what he has been hearing is that there is no problem with the shale operation, the problem is the roads. He referred to what the various agencies had to say concerning this request. Tammy Symons, resident of Airport Road, explained to the Board that those that have spoken at this meeting are the residents that live in this area, they do not have an attorney. She referred to an earlier statement made by Ms. Vandenburg, the bus driver who did encounter an incident where her school bus went into a ditch because of a truck and the narrow roads. Ms. Vandenburg did call her boss, Mr. Puglisi, to report to him what had happened, so in fact there have been incidents on this section of road due to the trucks and buses being there at the same time. She addressed the comments made referencing VDOT. She has spoken with Mr. Heironimous with VDOT and he explained to her that VDOT had given recommendations as to what the entrance should be. He further explained that there were certain things that would be required from VDOT before they would sign off as final approval on this request. Supervisor Douglas asked Mr. Melnikoff if certain signs were posted in this area, if perhaps that would help. Mr. Melnikoff advised that he was not sure, but he would check into it. Supervisor Sager stated that he felt there were two issues here, and he would hope there is a compromise somewhere. He does not agree with trucks traveling on Route 645 as it is very, very narrow, and he realizes that Mr. Wilson has no control over the trucks. He would hope there is an alternative to this situation. Upon motion made by Supervisor Douglas, seconded by Supervisor Orndoff, CUP #01-0 I ofS. Blaine Wilson and Keith A. Wilson was approved by the following recorded vote: Richard C. Shickle - Aye Charles W. Orndoff, Sr. - Aye W. Harrington Smith, Jr. - Abstained Robert M. Sager - Nay Margaret B. Douglas - Aye Sidney A. Reyes - Nay Minute Book Number 27 Board of Supervisors Meeting of 07/11/01 351 Supervisor Reyes advised that he had no objections with the shale mining operation itself; however, the safety on the road is the problem. He feels the Parkins Mill Road should be looked into as a possible remedy to this road question. PUBLIC HEARING - CONDITIONAL USE PERMIT #06-01 OF RANDALL E. KUMP FOR A WELDING BUSINESS. THIS PROPERTY IS LOCATED AT 715 PINE TOP ROAD AND IS IDENTIFIED WITH PROPERTY IDENTIFICATION NUMBER 47-A-2B IN THE BACK CREEK MAGISTERIAL DISTRICT - APPROVED Planner I Jeremy Camp presented this request to the Board, advising that staff and planning commission recommended approval. There was no public input. Upon motion made by Supervisor Douglas, seconded by Supervisor Reyes, CUP #06-01 was approved by the following recorded vote: Richard C. Shickle - Aye Charles W. Orndoff, Sr. - Aye W. Harrington Smith, Jr. - Aye Robert M. Sager - Aye Margaret B. Douglas - Aye Sidney A. Reyes - Aye PUBLIC HEARING - CONDITIONAL USE PERMIT #07-01 OF JOHN KEVIN SMITH (WESTSIDE AUTO REPAIR) FORA PUBLIC GARAGE WITHOUT BODY REPAIR. THIS PROPERTY IS LOCATED AT 191 TORI LANE AND IDENTIFIED WITH PROPERTY IDENTIFICATION NUMBER 52-14-J IN THE GAINESBORO MAGISTERIAL DISTRICT - APPROVED Planner I Jeremy Camp presented this request to the Board advising that staff and planning commission recommended approval. Gary Drake, neighbor, advised the Board that he endorsed this request and that Mr. Smith was a good neighbor. Upon motion made by Supervisor Reyes, seconded by Supervisor Douglas, CUP #07 -01 was approved, as presented, by the following recorded vote: Richard C. Shickle - Aye Charles W. Orndoff, Sr. - Aye W. Harrington Smith, Jr. - Aye Robert M. Sager - Aye Margaret B. Douglas - Aye Sidney A. Reyes - Aye PUBLIC HEARING - REOUEST FOR EXTENSION OF WATER AND SEWER SERVICE OUTSIDE OF THE SEWER AND WATER SERVICE AREA (SWSA) AT THE 1-81 CLEARBROOK REST STOP. LOCATED ON THE WEST SIDE OF INTERSTATE 81 AT MILE MARKER 320 IN THE STONEWALL MAGISTERIAL DISTRICT - APPROVED Minute Book Number 27 Board of Supervisors Meetiug of 07/11/01 352 Planning Director Evan Wyatt presented this information to the Board advising that VDOT has submitted a request for the extension of public water and sewer service to the Interstate 81 Clearbrook Rest Area. The Clearbrook Rest Area is located on the west side ofInterstate 81 at mile marker 320. The Sewer and Water Service Area (SWSA) boundary is located directly across from the Clearbrook Rest Area on the east side ofInterstate 81, and approximately two miles south of the Clearbrook Rest Area on the west side of Interstate 81. The VDOT request includes the extension of a 2Yz inch sewer force main from the Clearbrook Rest Area that would be located within the Interstate 81 right-of-way and connect to an existing grinder station directly across Welltown Road (Rt. 661) from Stonewall Industrial Park. Furthermore, the request includes the extension of an eight-inch water line from the Clearbrook Rest Area to the existing lO-inch water main within the Martinsburg Pike (Rt. II) right-of-way. This extension is proposed to occur through an easement that will be located on a parcel owned by Brown Lovett, Jr. The Comprehensive Plans and Programs Subcommittee (CPPS) was advised that the Frederick County Sanitation Authority (FCSA) would own the water line; however, the sewer force main line would be private. VDOT advised the committee that placing the sewer force main within the interstate 81 right-of-way would prohibit properties on the west side of the interstate from connecting to their private system. Supervisor Smith asked Sanitation Engineer/Director Wendy Jones his opinion of this request. Director Jones advised if the participants will follow the project then he thinks we have a viable project. VDOT is committed to it, and there are a number of landowners on the east side of the interstate that are very interested in having sewer brought to their property. Supervisor Smith asked Director Jones ifthe eastside would be his recommendation. Director Jones replied yes, and the revised cost figure is about I million dollars. Chairman Shickle explained that the state is willing to reconsider the earlier request and allow the property owners within this area to put together a project that could potentially benefit that section of the county. If someone was interested in this, versus a private line, is the state willing to wait, and if so how long. Resident Engineer Jerry Copp advised that the state's desired time schedule would be by Fall Minute Book Number 27 Board of Supervisors Meeting of 07/11/01 353 of one option or the other. Mark Stivers, Stonewall District, asked the Board to consider this request in this context. He appreciates the discussion that is taking place at the private level and he understands that there are benefits to the community. One thing that he has not heard, and wondered if any consideration had been given for sewer service to Stonewall School. There is currently a pump and haul service at the location, and in his opinion, this is not the best thing for public schools. He would like this to be considered by the county. Diane McMillian, Opequon District, stated that anytime development is done outside the urban development area it is sprawl and there is cost to the taxpayer. Asked the Board to please do the necessary studies first. Upon motion made by Supervisor Orndoff, seconded by Supervisor Smith, the request for extension of water and sewer service outside of the sewer and water service area (SWSA) at the I-81 Clearbrook Rest Stop was approved, as presented, by the following recorded vote: Richard C. Shickle - Aye Charles W. Orndoff, Sr. - Aye W. Harrington Smith, Jr. - Aye Robert M. Sager - Aye Margaret B. Douglas - Aye Sidney A. Reyes - Aye PUBLIC HEARlNG- PROPOSED AMENDMENT TO THE FREDERICK COUNTY CODE. CHAPTER 165. ZONING: ARTICLE IV. SUPPLEMENTARY USE REGULATIONS: SECTION 165-31B(7). WOODLANDS. THE PROPOSED AMENDMENT PROVIDES THE BOARD OF SUPERVISORS WITH A WAIVER PROVISION FOR THE DISTURBANCE OF WOODLANDS FOR PARCELS ZONED RP (RESIDENTIAL PERFORMANCE) DISTRICT - APPROVED Director Wyatt presented this request to the Board advising that the planning commission recommended approval of this amendment. There was no public input. Upon motion made by Supervisor Smith, seconded by Supervisor Orndoff, the following amendment to the Frederick County Code was approved: Section 165-3IB(7) - Woodlands Disturbance (7) No more than 25% of woodlands as defined shall be disturbed. The Administrator may allow additional disturbance of the small areas where the disturbance will alleviate potential health or safety problems and will not significantly denigrate the overall environmental quality ofthe site. The Board of Supervisors may allow for a greater percentage of woodland areas to be disturbed in shopping centers, office parks, or industrial parks. The Board of Supervisors may allow for a greater percentage of woodland areas to be disturbed within RP Residential Performance District parcels which contain woodland areas on 25% or more of Minute Book Number 27 Board of Supervisors Meeting of 07/11/01 354 the total site area. In such cases, mature trees shall be preserved to the maximum extent possible and the functions ofthe woodlands shall be preserved through the use of open space and landscaping. Woodlands shall not be disturbed until a master development plan has been approved. The above motion was approved by the following recorded vote: Richard C. Shickle - Aye Charles W. Orndoff, Sr. - Aye W. Harrington Smith, Jr. - Aye Robert M. Sager - Aye Margaret B. Douglas - Aye Sidney A. Reyes - Aye ROAD RESOLUTION (#005-01) - WOODBROOK VILLAGE. SECTION I - APPROVED UNDER CONSENT AGENDA WHEREAS, the streets described on the attached Additions Form SR-5A, fully incorporated herein by reference, are shown on plats recorded in the Clerk's 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 of the Virginia Department of Transportation; and WHEREAS, the County and the Virginia Department of Transportation have entered into an agreement on June 9, 1993, for comprehensive stormwater detention which applies to this request for addition; and NOW, THEREFORE, BE IT RESOLVED, this Board requests the Virginia Department of Transportation to add the streets described n the attached Additions Form SR-5(A) to the secondary system of state highways, pursuant to 33.1-229, Code of Virginia, and the Department's Subdivision Street Requirements; and BE IT FURTHER RESOLVED, this Board guarantees a clear and unrestricted right-of- way, as described, and any necessary easements for cuts, fills and drainage; and BE IT FURTHER RESOLVED, that a certified copy ofthis resolution be forwarded to the Resident Engineer for the Virginia Department of Transportation. WORKSESSION SCHEDULED FOR DISCUSSION OF MEDICAL SUPPORT DISTRICT Director Wyatt presented this information to the Board advising them that the Development Review and Regulations Subcommittee (DRRS) has completed work on the development of a new zoning district for Frederick County. The Medical Support District (MS District) is intended to provide for areas to support hospitals, medical centers, medical offices, clinics, and schools of medicine. Planning Commission has reviewed the language associated with this new district through three informal discussions, and they are comfortable with the approach and language as proposed by DRRS. Upon motion made by Supervisor Sager, seconded by Supervisor Douglas, a worksession Minute Book Number 27 Board of Supervisors Meeting of 07/11/01 55 was scheduled for August 8, 2001, 6:00 P.M., for discussion ofa Medical Support District, prior to the regularly scheduled Board meeting. The above motion was approved by the following recorded vote: Richard C. Shickle - Aye Charles W. Orndoff, Sr. - Aye W. Harrington Smith, Jr. - Aye Robert M. Sager - Aye Margaret B. Douglas - Aye Sidney A. Reyes - Aye 2001 PRIMARY ROAD IMPROVEMENT PLAN AMENDMENT - (RESOLUTION #004-01) - APPROVED Director Wyatt presented this information to the Board advising that the Board adopted the 2001 Primary Road Improvement Plan for Frederick County on May 23, 2001. The plan prioritizes the primary road improvements proposed to occur within Frederick County, and is utilized as a guide for the Virginia Department of Transportation and the Commonwealth Transportation Board when programming said improvements. Director Wyatt further advised that subsequent to the approval of this document, county officials were advised of an opportunity to accomplish a spot safety improvement on Millwood Pike (Route 50 East) which would relocate the existing crossover and entrance in Carpers Valley Golf Club to the east to align with the major collector road entering the Ravens Subdivision. This spot safety improvement would ensure conformance to the County's Comprehensive Policy Plan and the Winchester Area Transportation Study (W A TS). To qualify for funding, this project must be incorporated into the county's Primary Road Improvement Plan. Staffhas implemented this spot safety improvement as an addendum to the plan previously adopted by the Board. Should the Board concur with this addendum, county officials will present this element of the plan during the July 16,2001 Preallocation Hearing. Chairman Shickle stated that he expected to see the Stephens City Interchange in this information. Director Wyatt explained. RESOLUTION 2001 PRIMARY ROAD IMPROVEMENT PLAN WHEREAS, the Frederick County Transportation Committee and staff reviewed the proposed 2001 Primary Road Improvement Plan for Frederick County, and the Transportation Committee recommended unanimous approval of this plan on April 18, 2001; and, Minute Book Number 27 Board of Supervisors Meeting of 07/11/01 356 WHEREAS, the Frederick County Planning Commission recommended unanimous approval of this plan at their regular meeting on May 2, 2001; and, WHEREAS, the Frederick County Board of Supervisors considered this plan during their regular meeting on May 23, 2001; and WHEREAS, this plan was subsequently amended to add a spot safety improvement at the Route 50/17 intersection and reviewed by the Frederick County Board of Supervisors during their regular meeting on July 11, 2001; and NOW, THEREFORE, BE IT ORDAINED by the Frederick County Board of Supervisors as follows: The Frederick County Board of Supervisors hereby approves the 2001 Primary Road Improvement Plan for Frederick County, Virginia. Upon motion made by Supervisor Sager, seconded by Supervisor Reyes, the 2001 Primary Road Improvement Plan Amendment was approved as presented by the following recorded vote: Richard C. Shickle - Aye Charles W. Orndoff, Sr. - Aye W. Harrington Smith, Jr. - Aye Robert M. Sager - Aye Margaret B. Douglas - Aye Sidney A. Reyes - Aye COMMITTEE REPORTS LANDFILL OVERSITE COMMITTEE - APPROVED UNDER CONSENT AGENDA The landfill oversight committee met on Thursday, June 28, 2001, at 8:00 a.m. All committee members were present except Mike Noel. The following issues were discussed: 1. Waste DisDosal Al!reement with Browninl! Ferris Industries (BFI) The attached waste disposal agreement between Frederick County and BFI was presented for the committee's review. Basically, the agreement sets forth the reduced tipping fees previously approved by the committee and associated jurisdictions for guaranteed solid waste quantities delivered to the landfill. (Attachment 1) 2. ReQuest from Salvation Armv A letter from the Salvation Army requesting a waiver of or reduced tipping fees was presented to the committee for their consideration. After discussing this issue at length, a motion was made by Gary Lofton and seconded by Charles Orndoff to deny the request. The motion was unanimously approved with the comment that the Salvation Army could seek assistance from the individual jurisdictions involved with the landfill. Each locality has the prerogative to approve and pay tipping fees for nonprofit organizations on a case-by-case basis. A letter will be sent to the Salvation Army highlighting this option. 3. Residential Limits The idea oflimiting the weights for trash delivered to the landfill by residents was presented for future consideration. Currently, the allowable weight is restricted to what can be contained and carried by a three-quarter ton pickup truck. If weight limits are imposed, the resident will be responsible for paying for the entire load if they exceed the allowable limit. The three-quarter ton truck requirement will be abandoned at that time. Minute Book Number 27 Board of Supervisors Meeting of 07/11/01 357 4. Project Updates A brief update was presented for the following landfill projects: a. Municipal Solid Waste (MSW) Cell development: Perry Engineering Company, Inc. is on schedule to complete an additional eight (8) acres ofMSW. The placement of the synthetic liners is planned for mid-July. b. ConstructionlDemolitionDebris (CDD) expansion: The design of an additional nine (9) acres of CDD has been comp leted. An award of a construction contract is anticipated on or before August 1, 2001. c. New Citizens' Convenience Area: The design of a new citizens' convenience site located adj acent to the landfill entrance is underway. It is anticipated that we will initiate the site work on or about August 1, 2001. 5. Closed Session A closed session was convened to discuss the acquisition of property. PUBLIC WORKS COMMITTEE The Public Works Committee met on Tuesday, June 26, 2001, at 8:00 a.m. All members were present except W. Harrington Smith, Jr., Jim Wilson and Tom Offutt. The following items were discussed: ***Items Requiring Action*** 1. Renovation of Old County Courthouse - Appropriation Transfer ADDroved The Director of Public Works presented a progress report for the renovation of the Old County Courthouse. This report included a summary of the work completed to date, a description of minor change orders, and a brief description of the artifacts that have been discovered. The contract with Lantz Construction Company of Winchester, Inc. is due to be completed on or before August 31, 2001. After completing the progress presentation, the committee discussed the possibility of completing the entire project. The current contract with Lantz includes the base bid plus alternates one through three. The completion ofthe entire project would include the addition of alternates four (4) through eight (8) to the Lantz contract. Their reasoning behind this thought was to take advantage of the economical bid submitted by Lantz Construction Company of Winchester, Inc. and to minimize future disruption ofthe facility. It would also allow the building to be utilized as a Civil War Museum in the near future. As it stands now, the building will be structurally stabilized, but will not be sufficiently completed to allow occupancy. The timing ofthe future usage will remain a question mark. On March 28,2001, the board of supervisors unanimously approved the bid from Lantz Construction Company of Winchester, Inc. which was limited to the base bid plus alternates 1 through 3. The total amount was $273,800. Attachment #1 reflects the tabulation of the various funding options presented to the board at that time. This attachment also includes a breakdown of the complete Lantz bid plus a description of each alternate. After reviewing this attachment, the committee recommended that the board of supervisors reconsider funding the entire project. Attachment #IA outlines the additional funding required to complete the entire project. This amount is reflected as a supplemental appropriation of $255,236.32. This amount includes a $50,000 contingency and considers carry forward funds in the amount of $20,463.68 and a budgeted matching grant fund amount of$85,000. The state did not approve their share of the matching funds in this year's budget. (Attachment 1 and 1A) Minute Book Number 27 Board of Supervisors Meeting of 07/11101 358 Upon motion made Supervisor Orndoff, seconded by Supervisor Smith, $32,163.81 was approved, by the following recorded vote: Richard C. Shickle - Aye Charles W. Orndoff, Sr. - Aye W. Harrington Smith, Jr. - Aye Robert M. Sager - Aye Margaret B. Douglas - Aye Sidney A. Reyes - Aye Administrator Riley explained that an expenditure of $255,000 was needed in order to complete this renovation project. Supervisor Smith asked how much would the City of Winchester contribute to this project. Administrator Riley replied $20,000. Supervisor Orndoff advised that he had concerns on spending the additional funds; however, in order to have the project completed he felt the county didn't have a choice. Supervisor Smith stated that this project has been on the back burner for a number of years, and he doesn't feel we should just let the building continue to be unusable. Supervisor Reyes asked Harry Ridgeway ifhe felt he could obtain any additional funding from the City of Winchester. Chairman Shickle replied that the City is currently involved with their own projects. Upon motion made by Supervisor Orndoff, seconded by Supervisor Smith, $255,236.32 was approved from Supplemental Fund Balance for completion ofthe Old Frederick County Court House renovation. The above motion was approved by the following recorded vote: Richard C. Shickle - Aye Charles W. Orndoff, Sr. - Aye W. Harrington Smith, Jr. - Aye Robert M. Sager - Aye Margaret B. Douglas - Aye Sidney A. Reyes - Aye ***Items Not Requiring Action*** 1. Waste Disposal Al:reement with Browninl! Ferris Industries (BFI) A waste disposal agreement between BFI and the County of Frederick was presented for the committee's review. The tipping fees included in the agreement were previously approved by the landfill oversight committee and the participating jurisdictions. 2. Holiday Closin~s at Solid Waste Convenience Sites A brief review of approved holiday closing dates was presented by the Director of Public Minute Book Number 27 Board of Supervisors Meeting of07/l1/01 59 Works for the county's solid waste convenience sites. This issue was raised in hopes of reminding the general public of the upcoming July Fourth holiday as well as future holiday closings. The Memorial Day closing proved to be a disaster related to illegal dumping at the sites. Additional effort has been expended to notify the public including signage at the sites, radio and television advertisement, and newspaper articles. We are also planning enforcement at the sites during the holidays to discourage illegal dumping. 3. ShawneeLand Flood Damaee The Director of Public Works presented a brief overview of the flood damage in ShawneeLand causcd by a June 22,2001, storm that dumped six (6) inches ofrain in two (2) hours. The road's system has been tentatively repaired to provide access. However, final repairs to the roads, drainage structures and the dam at Lake Cherokee will require more detailed and involved repairs estimated at approximately $375,582. It is anticipated that approximately $250,000 of this amount will be contracted. Also, a majority ofthe work will require at least three (3) months to be completed. Funding for the project will be taken from the ShawneeLand Sanitary District reserve account. 4. Closed Session A closed session was convened to discuss the acquisition of property. 5. Miscellaneous Reports a.) Tonnage Report (see Attachment 2) b.) Recycling Report (see Attachment 3) c.) Animal Shelter Dog Report (see Attachment 4) d.) Animal Shelter Cat Rcport (see Attachment 5) BOARD COMMENTS There were no additional comments. UPON MOTION MADE BY SUPERVISOR ORNDOFF, SECONDED BY SUPERVISOR SMITH, THERE BEING NO FURTHER BUSINESS TO COME BEFORE THIS BOARD, THIS MEETING IS HEREBY ADJOURNED. (TIME:9:43 P.M.) 12----1-J ~~._~C_~ Richard C. Shickle Chairman, Board of Supervisors , Minutes Prepared By: t.ouJ... ----r-; ~~ Carol T. Bayliss Deputy Clerk, Board of Supervisors Minute Book Number 27 Board of Supervisors Meeting of 07/11/01