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HomeMy WebLinkAboutMay 24, 2006 Regular Meeting 459 A Regular Meeting of the Frederick County Board of Supervisors was held on Wednesday, May 24, 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, 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. INVOCATION Reverend Ruth Crum Stotler, Church of the Good Shepherd, 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 one addition to the agenda. He added the Chairman's appointment to the Home Consortium Committee under Committee Appointments - Tab C. Upon a motion by Supervisor DeHaven, seconded by Vice Chairman Ewing, 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 the Board's consideration under the consent agenda: - Resolution Adoption of Alson H. Smith Teachers' Day - Tab D. Upon a motion by Supervisor Dove, seconded by Supervisor Fisher, the Board approved the consent agenda by the following recorded vote: Minute Book Number 31 Board of Supervisors Regular Meetiug of OS/24/06 460 Richard C. Shickle Aye Bill M. Ewing Aye Charles S. DeHaven, Jr. Aye Gary W. Dove Aye Gene E. Fisher Aye Philip A. Lemiuex Aye Barbara E. Van Osten Aye CITIZEN COMMENTS There were no citizen comments. BOARD OF SUPERVISORS COMMENTS There were no Board of Supervisors' comments. MINUTES-APPROVED Upon a motion by Supervisor Dove, seconded by Vice Chairman Ewing, the Board approved the minutes from the May 10, 2006 meeting. 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 V ice Chairman Ewing, seconded by Supervisor Dove, the Board approved the minutes from the May 11, 2006 worksession by the following recorded vote: Richard C. Shickle Aye Bill M. Ewing Aye Charles S. DeHaven, Jr. Aye Gary W. Dove Aye Gene E. Fisher Aye Philip A. Lemieux Aye Barbara E. Van Osten Aye COUNTY OFFICIALS NA T ALIE WILLS, DIRECTOR OF WINCHESTER-FREDERICK COUNTY CONVENTION AND VISITORS BUREAU. TO PRESENT AN UPDATE TO THE BOARD. Natalie Wills, Director ofthe Winchester-Frederick County Convention and Visitors Bureau, appeared before the Board to thank them for their contribution to the 2006 Visitor's Guide. There have been 75,000 copies printed. Supervisor Lemieux congratulated Ms. Wills and the Visitor's Bureau on the new literature. Minute Book Number 31 Board of Supervisors Regular Meeting of OS/24/06 461 Supervisor Van Osten echoed Supervisor Lemieux's comments. COMMITTEE APPOINTMENTS ALECK BEEMAN NOMINATED TO SERVE ON THE LOCAL EMERGENCY PLANNING COMMITTEE (LEPC) - APPROVED Upon a motion by Supervisor DeHaven, seconded by Supervisor Dove, the Board nominated Aleck Beeman, with the Sheriff s Department, to serve on the Local Emergency Planning Committee. The above motion was approved by the following recorded vote: Richard C. Shick1e Aye Bill M. Ewing Aye Charles S. DeHaven, Jr. Aye Gary W. Dove Aye Genc E. Fisher Aye Philip A. Lemieux Aye Barbara E. Van Osten Aye APPOINTMENT OF BILL EWING TO SERVE AS JAIL BOARD AUTHORITY ALTERNATE REPRESENTATIVE TO THE JUVENILE DETENTION CENTER COMMISSION. - APPROVED Upon a motion by Supervisor Van Osten, seconded by Supervisor Fisher, the Board appointed Supervisor Bill Ewing to serve as the Jail Board Authority alternate representative to the Juvenile Detention Center Commission. 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 APPOINTMENT OF TANYA HOLLIDAY AS FREDERICK COUNTY REPRESENTATIVE ON THE LORD FAIRFAX MEDICAL SERVICES COUNCIL (EMS) - APPROVED Upon a motion by Supervisor Dove, seconded by Supervisor Van Osten, the Board appointed Tanya Holliday to serve as Frederick County Representative on the Lord Fairfax Medical Services Council, said term to expire June 30, 2009. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Bill M. Ewing Aye Charles S. DeHaven, Jr. Aye Minute Book Number 31 Board of Supervisors Regular Meeting of OS/24/06 462 Gary W. Dove Aye Gene E. Fisher Aye Philip A. Lemieux Aye Barbara E. Van Osten Aye REAPPOINTMENT OF O. DOUGLAS CUMBIA. II AND BASSAM T. SABBAGH TO THE COMMUNITY POLICY AND MANAGEMENT TEAM (CPMT) - APPROVED Upon a motion by Supervisor Dove, seconded by Supervisor DeHaven, the Board reappointed O. Douglas Cumbia, II, as Parent Representative, and Bassam T. Sabbagh, as Private Provider Representative, to the Community Policy and Management Team (CPMT), for a two year term, said new tenn to commence July 1,2006 and expire June 30, 2008. 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 REAPPOINTMENT OF RHODA W. KRIZ AND KIM DODD TO THE WINCHESTER-FREDERICK COUNTY TOURISM BOARD - APPROVED Upon a motion by Supervisor Van Osten, seconded by Supervisor Lemieux, the Board reappointed Rhoda W. Kriz and Kim Dodd to the Winchester-Frederick County Tourism Board, contingent upon similar action by the Winchester City Council. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Bill M. Ewing Aye Charles S. DeHaven, Jr. Aye GalY W. Dove Aye Gene E. Fisher Aye Philip A. Lemieux Aye Barbara E. Van Osten Aye APPOINTMENT OF PHILIP LEMIEUX TO SERVE AS COUNTY REPRESENTATIVE TO THE NORTHERN SHENANDOAH VALLEY HOME CONSORTIUM - APPROVED Upon a motion by Chairman Shiekle, seconded by Supervisor Ewing, the Board appointed Supervisor Philip Lemieux to serve as county representative to the Northern Shenandoah Valley Home Consortium. The above motion was approved by the following recorded vote: Minute Book Number 31 Board of Supervisors Regular Meeting of OS/24/06 463 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 (#071-06) RE: ADOPTION OF ALSON H. SMITH TEACHERS' DAY - APPROVED UNDER CONSENT AGENDA WHEREAS, it is believed that a special day should be designated to honor the people who teach our children and there is no such day designated at the local, state, or national level. WHEREAS, it is deemed to be in the best interest of the teaching profession, increase the morale of the individual teachers, and would be in the public interest, if such a day would be adopted. This day would be at no additional cost to the taxpayers. NOW, THEREFORE, BE IT RESOLVED, that August 28th be designated as Alson H. Smith Teachers' Day in Frederick County and that the local elected officials make every effort to designate August 28th as Alson H. Smith Teachers' Day for the State of Virginia. BE IT FURTHER RESOLVED, that our local state representatives be urged to designate August 28th as Alson H. Smith Teachers' Day for the State of Virginia. BE IT FURTHER RESOLVED, that every effort be made by our state elected officials to have the Federal Government designate August 28th as National Teachers' Day. ADOPTED this 24th day of May, 2006. This item was approved under the consent agenda. REQUEST TO PARTICIPATE IN THE WINCHESTER TRANSIT GRANT FUNDING PROPOSAL - APPROVED Administrator Riley advised this was a request from the City of Winchester to the County for participation in the Winchester Transit Grant Funding proposal to obtain funds to address human transportation and safety. This is an 80% funded grant, but in kind services could be used to cover the required 20% match. He advised the Transportation Committee and Transportation Planner could work together to develop the county's amount for in-kind services. Upon a motion by Supervisor Van Osten, seconded by Supervisor Fishcr, the Board approved participation in the Winchester Transit Grant. 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 Ayc Philip A. Lemieux Aye Barbara E. Van Osten Aye Minute Book Number 31 Board of Supervisors Regular Meeting of OS/24/06 464 REQUEST FROM THE SHERIFF FOR BUDGET TRANSFERS FOR VEHICLE AND VEHICLE MAINTENANCE - APPROVED Administrator Riley advised this was a transfer request from the Sheriff to cover expenditures and the purchase of a used vehicle for the drug task force: Transfer $10,000 from 3102-8007-00 (ADP) to 3004-002 (Repair/Maintenance of Vehicles) Transfer $9,200 from 3102-5413-08 (Federal Seized Assets) to 8005-00 (Vehicles) Upon a motion by Vice Chairman Ewing, seconded by Supervisor DeHaven, the Board approved the transfer request. 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. Dovc Aye Gene E. Fisher Aye Philip A. Lemieux Aye Barbara E. Van Osten Aye CORRESPONDENCE RE: CONSORTIUM AGREEMENT - SHENANDOAH V ALLEY WORKFORCE INVESTMENT AREA - APPROVED Administrator Riley advised this was a request from Bob Satterwhite, Executive Director, of Local Workforce Investment Area #4 for the Chairman to sign the proposed Consortium Agreement, which would merge Local Workforce Investment Areas #4 and #5. Area #5 contains the City of Winchester, and the Counties of Clarke, Frederick, Shenandoah, and Warren. The proposed merger would allow both areas to combine resources. Administration of the programs in this new area would be handled by the current staff of Area #4. Should the Board be agreeable to participating in this newly merged workforce area, the action requested this evening would be to authorize the Chairman to sign the proposed Consortium Agreement on behalf ofthe County. Upon a motion by Supervisor DeHaven, seconded by Supervisor Van Osten, the Board authorized the Chairman to sign the Consortium Agreement. 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 Nnmber 31 Board of Supervisors Regular Meeting of OS/24106 465 COMMITTEE REPORTS TRANSPORTATION COMMITTEE REPORT- APPROVED The Transportation Committee met on Tuesday, April 25, 2006 at 10:00 a.m. All members were present with the exception of the liaisons from Middletown (Mr. Donald Breeden) and Stephens City (Mr. Willey Dembeck). The CPPS committee also attended the meeting to hear the presentation and join the discussion for Item 1. ***Items Requiring Action*** 1. Access Manal!ement Staff briefed the committee on the concept of an access management ordinance for the county. The committee briefly discussed the benefits of access management in terms of safety and protecting roadway capacity. MOTION: The committee voted to recommend that the Board of Supervisors consider tasking the Transportation Planner and the Committee with the formation of an access management ordinance for the County. Upon a motion by Supervisor DeHaven, seconded by Supervisor Van Osten, the Board approved the Transportation Committee recommendation. The above motion was approved by the following recordcd 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 ***Items Not Requiring Action*** 1. Rural Transportation Planninl! Prol!ram Staffbriefed the Transportation Committee and the CPPS on the Transportation Impact Fees enabled in the State Code that would allow the County to assess impact fees on new development in the rural areas of the County to pay for transportation improvements. Staff covered the structure that would need to be implemented, details ofthe state code, and potential implementation strategies for the County, in addition to showing examples of what has taken place in Stafford County, where these fees are currently used. An extensive question and answer period followed. As this material was to be presented to the Board of Supervisors and the Planning Commission at a joint work session, no action was taken. 2. Transit Budl!et Reauest (Referred from Finance) The committee reviewed the materials provided by the City Transportation Department as well as the responses to questions brought up at the March 28, 2006 meeting. A number of other concerns and questions were brought up, including current fare rates and how to limit County cost while maximizing the chance for success for transit in the County. No action was taken and staff was requested to look into possibilities for supplemental grants or funding, and break down what Minnte Book Nnmher 31 Board of Supervisors Regular Meeting of OS/24/06 466 the County is paying now, as opposed to when the service began. 3. Committee Bylaws Staff was tasked with preparing Bylaws for the Transportation Committee and presented them at this meeting. Bylaws for the Conservation Easement Authority were used as a template and modified for use by the Transportation Committee. After making one minor change, the Bylaws were adopted. FINANCE COMMITTEE REPORT - APPROVED The Finance Committee met in the Board of Supervisors ' Meeting Room at 107 North Kent Street on Wednesday, May 17,2006 at 8:00 a.m. Committee Member Gary Lofton was absent. 1. The Sheriffrequests a General Fund supplemental appropriation in the amount of$8.200. This amount represents an insurance reimbursement and is requested to be appropriated into the Motor Vehicles and Equipment line item. No additional local funds are needed. See attached memo, p. 1. The committee recommends approval. - Approved Upon a motion by Vice Chairman Ewing, seconded by Supervisor DeHaven, the Board approved the above request. 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 2. The Landfill Manager requests a Landfill Fund budget transfer in the amount of$25.000. This transfer is needed to cover unexpected repairs to landfill equipment. No additional local funds are needed. See attached memo, p. 2. The committee recommends approval. - Approved Upon a motion by Vice Chairman Ewing, seconded by Supervisor Fisher, the Board approved the above request. 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 3. Attached is a letter from the Assistant County Administrator requesting legal opinion on cash proffers. An opinion has not been received at the time of mailing ofthis agenda. See attached letter, p. 3-11. This item has been postponed awaiting further information. 4. Attached is information provided by the Fire and Rescue Director regarding Fire Program Funds and Four-for-Life Funds. See attached, p. 12-21. The committee recommends that the Fire and Rescue Director discuss with the Fire and Rescue Association about the possibility of the county Minute Book Number 31 Board of Supervisors Regular Meeting of OS/24/06 46r paying the fire companies directly to eliminate a duplication of effort and to disburse funds as soon as possible. 5. Information has been provided to continue dialogue on Property Tax Relief for the Elderly/Handicapped. See attached, p. 22-27. The committee recommends that the Commissioner of the Revenue provide additional requested information at next month's meeting. 6. Requested information regarding Fire and Rescue overtime and proposed work schedules are attached for discussion. See attached memo, p. 28-57. The committee requested that the County Administrator advise the Fire and Rescue Association that they are willing to hear Mr. Jackson's presentation at their next scheduled committcc meeting. Ifthere is no need to make a presentation at this time, the committee will revisit the issue in six months to determine overtime status. 7. The Sheriff requests a General Fund supplemental appropriation in the amount of $22.162.50. This amount represents the remainder of the state grant for the Crime Analyst position and is needed to purchase computer software for the position. No additional local funds are needed. See attached memo, p. 58-66. The committee recommends approval. - Approved Upon a motion by Vice Chairman Ewing, seconded by Supervisor DeHaven, the Board approved the above request. 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 Ayc Gene E. Fisher Aye Philip A. Lemieux Aye Barbara E. Van Osten Aye ***For Information Only*** There were no changes in fund balances from the previous month. PUBLIC HEARING PUBLIC HEARING - OUTDOOR FESTIVAL PERMIT - REOUEST OF REVEREND PIDLIPROBY. AMAZING GRACE FELLOWSHIP. FOR SHENANDOAH V ALLEY GOSPEL CAMP MEETING. PURSUANT TO THE FREDERICK COUNTY CODE. CHAPTER 86. FESTIVALS: SECTION 86-3 C. PERMIT REOUlRED: APPLICATION: ISSUANCE OR DENIAL: FOR AN OUTDOOR FESTIVAL PERMIT FOR SHENANDOAH VALLEY GOSPEL CAMP MEETING: FESTIVAL TO BE HELD JULY 10 THRU J UL Y 16. 2006: MONDAY-FRIDAY 7:00 P.M.-I0:00 P.M.: SATURDAY 05T11) 5:00 P.M. -10:00 P.M.: AND SUNDAY (16TH) 9:00 A.M.- 11:00 A.M.: AT CANDY HILL CAMPGROUND. W ARD AVENUE. WINCHESTER. VIRGINIA. 22603. PROPERTY OWNED BY THE LITTMAN FAMILY. - APPROVED 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 Vice Chairman Ewing, the Board approved Minute Book Number 31 Board of Supervisors Regular Meetiug of OS/24/06 468 the Outdoor Festival Permit Request of Reverend Philip Roby, Amazing Grace Fellowship, for Shenandoah Valley Gospel Camp Meeting. The above request was approved by the following recorded vote: Richard C. Shickle Aye Bill M. Ewing Aye Charles S. DeHaven, Jr. Aye Gary W. Dove Aye Gene E. Fisher Aye Philip A. Lemieux Aye Barbara E. Van Osten Aye PUBLIC HEARING - ORDINANCE ESTABLISHING A SPECIAL ASSESSMENT FOR THE RUSSELL 150 COMMUNITY DEVELOPMENT AUTHORITY AND APPROVING A MEMORANDUM OF UNDERST ANDING WITH THE AUTHORITY REGARDING THE FINANCING OF CERTAIN INFRASTRUCTURE. THE PROPOSED ORDINANCE WILL ESTABLISH A SPECIAL ASSESSMENT ON PROPERTY WITHIN THE RUSSELL 150 COMMUNITY DEVELOPMENT AUTHORITY DISTRICT TO FINANCE CERTAIN INFRASTRUCTURE IMPROVEMENTS BENEFITTING PROPERTY WITIDN SUCH DISTRICT. THE PROPOSED ORDINANCE ALSO AUTHORIZES A MEMORANDUM OF UNDERST ANDING WITH THE COMMUNITY DEVELOPMENT AUTHORITY THAT APPROVES ISSUANCE OF THE AUTHORITY'S BONDS TO FINANCE CERTAININFRASTRUCTURE.-APPROVED Administrator Riley advised that on March 9, 2005 the Board created the Russell 150 CDA, by ordinance, to finance certain infrastructure associated with the proposed development in the CDA. The CDA will issue bonds payable from a spccial assessment to be levied by the Board of Supervisors on real estate within the CDA district. Pursuant to Virginia Code, the Board must levy this assessment by ordinance. The Frederick County Treasurer is required to collect the assessment. The CDA will engage an administrator (Keenan Rice ofMunicap, Inc.) to prepare an annual report to bc forwarded by the CDA to the County detailing the amount of the assessment to be collected each year. He went on to say the Board has been requested to hold a public hearing on a Memorandum of Understanding between the County and the CDA. Approval ofthis MOU by the Board formalizes the levy ofthe special assessment pursuant to the Rate and Method Apportionment found as Exhibit A to the MOU. The maximum amount of bonds to be issued by the CDA is capped at $23,000,000 (includes cost of the infrastructure, issuance of the bonds, interest during construction, and a debt service reserve fund). The MOU also outlines the County's responsibility for collecting the special assessment and paying it over to the CDA, with administrative costs to be paid from the assessment. The special assessment is set forth in the Rate and Method of Apportionment. This document provides for a one-time levy of a special assessment against the Minnte Book Nnmber 31 Board of Supervisors Regular Meeting of 05/24/06 469 property in the CDA in an amount sufficient to pay for debt service on the bonds and the administrative costs of the CDA and County. The Rate and Method provides for allocation of the assessment on the property based on two classes - commercial and townhomes. This assessment is levied one time by the Board with annual amounts to be collected by the Treasurer and appropriated to the CDA. The special assessment roll is to be updated each year by the CDA's administrator to reflect the amount of each installment to be collected from each parcel. Finally, the assessment will terminate when the CDA bonds have been paid. At the conclusion of tonight's public hearing, action by the Board would be appropriate. He concluded by saying that Ms. Bonnie France, McGuire Woods, and Mr. Keenan Rice, Municap, Inc., were present to answer any questions the Board might have. Chairman Shickle convened the public hearing. There were no public comments. Chairman Shickle closed the public hearing. Vice Chairman Ewing asked ifthe Treasurer's concerns had been addressed. Administrator Riley stated the Treasurer had a couple of minor issues, but was satisfied that they could be resolved. Supervisor DeHaven pointed out some typographical errors in the Rate and Method of Apportionment document. He asked that the documents be reviewed to ensure all errors were corrected. Upon a motion by Vice Chairman Ewing, seconded by Supervisor Lemieux, the Board approved the Memorandum of Understanding and approved the special assessment. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Bill M. Ewing Aye Charles S. DeHaven, Jr. Aye Gary W. Dove Aye Gene E. Fisher Aye Philip A. Lemieux Aye Barbara E. Van Osten Aye PUBLIC HEARING - AMENDMENT TO THE 2005-2006 FISCAL YEAR BUDGET- PURSUANT TO SECTION 15.2-2507 OF THE CODE OF VIRGINIA. 1950. AS AMENDED. THE BOARD OF SUPERVISORS WILL HOLD A PUBLIC HEARING TO AMEND THE FISCAL YEAR 2005-2006 BUDGET TO REFLECT: BUILDINGS FUND SUPPLEMENTAL APPROPRIATION IN THE AMOUNT OF $21.410.000. THIS AMOUNT REPRESENTS LEASE REVENUE BOND PROCEEDS FOR THE Minute Book Number 31 Board of Supervisors Regular Meeting of OS/24/06 470 FREDERICK COUNTY PUBLIC SAFETY BUILDING AND FREDERICK COUNTY ANIMAL SHELTER CONSTRUCTION PROJECTS. - (RESOLUTION #072-06)- APPROVED Chairman Shickle convened the public hearing. There were no public comments. Chairman Shickle closed the public hearing. Upon a motion by Vice Chairman Ewing, seconded by Supervisor Dove, the Board approved the amendment to the Fiscal Year 2005-2006 Budget. WHEREAS, the Frederick County Board of Supervisors, meeting in regular session and public hearing held on May 24, 2006, took the following action: NOW, THEREFORE, BE IT RESOLVED, by the Board of Supervisors that the FY 2005- 2006 Budget be Amended to Reflect: Buildings Fund Supplemental Auuropriation in the Amount of $21.410,000. This Amount Represents Lease Revenue Bond Proceeds for the Frederick County Public Safety Building and Frederick County Animal Shelter Construction Projects. ADOPTED, this 24th day of May, 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 PLANNING COMMISSION BUSINESS PUBLIC HEARINGS PUBLIC HEARING - REZONING #04-06 OF ORRICK CEMETERY. INC.. SUBMITTED BY PATTON HARRIS RUST & ASSOCIATES. TO REZONE 33.61 ACRES FROM RA (RURAL AREAS) DISTRICT TO RP (RESIDENTIAL PERFORMANCE) DISTRICT AND 22.06 ACRES FROM RA (RURAL AREAS) DISTRICT TO B2 (GENERAL BUSINESS) DISTRICT. WITH PROFFERS. FOR MIXED USE COMMERCIAL/RESIDENTIAL. THE PROPERTY IS LOCATED IN THE NORTHEAST OUADRANT OF THE INTERSECTION OF SENSENY ROAD (ROUTE 657) AND GREENWOOD ROAD (ROUTE 656) WITH ROAD FRONTAGE ALONG BOTH ROADWAYS. AND IS IDENTIFIED BY PROPERTY IDENTIFICATION NUMBER 55-A-201. IN THE RED BUD MAGISTERIAL DISTRICT. - POSTPONED FOR UP TO 60 DAYS Senior Planner Susan Eddy appeared before the Board regarding this item. She advised this was a proposal to rezone 33.61 acres from RA (Rural Areas) District to RP (Residential Performance) District and 22.06 acres from RA (Rural Areas) District to B2 (General Business) Minute Book Number 31 Board of Supervisors Regular Meeting of OS/24/06 471 District. The property is located at the intersection ofSenseny Road and Greenwood Road in the Red Bud Magisterial District, in the Urban Development Area and the Sewer and Water Service Area. She advised the Eastern Road Plan designates Senseny Road and Greenwood Road as major collector roads. The applicant has agreed to provide an additional lane, trees, and a bike trail. The traffic impact analysis projects a service level C or better, with the exception of Channing Drive and Senseny Road. Senior Planner Eddy referred the Board to the Proffer Statement dated May 15, 2006. The generalized development plan shows the location of commercial development, multi- family and single-family housing, and a community park. She advised a tree save area had been added to the plan following the Planning Commission meeting. The B2 portion ofthe property has been limited to 158,000 square feet of commercial floor space. A minimum of 55,000 square feet would be constructed prior to the occupancy of any residential dwelling. The residential portion of this project will be age restricted housing. The Parks and Recreation Department expressed an interest in the proposed public park arca, but there were a number of issues to be worked out. The proffer statement has been revised to allow the park to be dedicated to the County in the future. Senior Planner Eddy went on to say the traffic signal and turn lane will be installed on Senseny Road. There wcre design proffers for this development to include standing seam metal roofing on the commercial portion ofthe project. She advised that stafffound the design proffers to be vague. The development will be permitted to have one free-standing sign on Greenwood and Senseny Road. A cash proffer of$4 7 5 per residential unit has been allocated for capital facilities. Staffbel ieves the application could be consistent with thc Comprehensive Plan. She urged the Board to ensure the multi-family use is compatible with existing residences. The Planning Commission recommended approval with the following conditions: Enhanced corridor appearance to include trees along Senseny and Greenwood Roads; The applicant to meet with the Parks and Recreation Department regarding the 3.5-acre park. An agreement by the applicant to improve the design of the parking lot for appearance and water infiltration. She concluded by saying that Patrick Sowers, Patton Harris Rust & Associates, was present representing the applicant. Supervisor Dove asked if Ladyslipper Drive would tie into the property. Minute Book Number 31 Board of Supervisors Regular Meeting of OS/24/06 472 Senior Planner Eddy responded yes. Administrator Riley asked if the monetary proffer had bccn reduced from $2,900 per unit to $475 per unit. Senior Planner Eddy responded that was correct. Patrick Sowers, Patton Harris Rust & Associates, appeared before the Board on behalf of the applicant. He advised that the monetary proffer issue was not the applicant's interpretation of the development impact model, but was "the correct interpretation". He went on to say the model does not take the school proffers out for an age-restricted development. Mr. Sowers went on to say the applicant has increased the transportation proffer to $1,500 per unit. He stated the design proffers were purposely vague in order to allow the bcst design to be brought forward. With regard to the Planning Commission conditions, the applicant has proffered the street trees, the median will be left up to VDOT to rccommend, and the parking lot design will not change because the shale geology is not conducive to green paving to allow water run-off. Mr. Sowers then submitted a revised proffer statement and directed the Board to proffer # 19, which increased the interior parking lot landscaping requirement from 5% to 6%. Mr. Sowers concluded by saying thc full impact model requirement was met and he believed this rezoning has raised the bar as it will pay for itself due to the amount of commercial development and age-restricted housing. Chairman Shickle asked ifthere would be a connection to the property via the road through the Steeple Chase Subdivision (Ardeyeh Ln.). Mr. Sowers responded no as it would not be a good idea, from safety stand point, to have a straight shot from Farmington to the 22 acres of commercial. Mr. Sowers discussed the proposed density of 5 units per acre and stated he believed the maximum build out to be 175 units; however, no maximum was proffered. Supervisor Fisher noted that he did not see any reserve fund or start up fund for the homeowners' association. Mr. Sowers stated the applicant believed in doing that at the time the property transfers. David Harner, Paramount Development, advised that he represented Food Lion and they had a contractual obligation on 8.25 acres of the commercial site. He went on to say that development agreements were in place, as well as easements and covenants to ensure the 22 acres Minute Book Number 31 Board of Supervisors Regular Meeting of OS/24/06 473 is developed consistently. He advised the median issue was left up to VDOT and the applicant has chosen to stick with asphalt in the parking lot. Mr. Hamer echoed Mr. Sowers comments regarding the lower proffer amount. He advised this amount was agreed to based on the proffer model. He concluded by saying that he felt the applicant was doing a lot of things on the site. Chairman Shick1e convened the public hearing. H. M. Brooks, Chairman of Orrick Cemetery, advised that he had worked with this project for 20 years. He expeeted to build 100 senior citizen condominiums. He went on to say that he would like to bring in children for the seniors to serve as guardians. He hoped another phase of his groups work would be to assist substance abusers and addicts. Bill Buckner, Vice President of Orrick Cemetery, emphasized the non-profit aspects of the project. He stated this was an opportunity to provide deeent housing for people. Viola Gaither, Stephens City, stated Orrick Cemetery, Inc. was a non-profit group with an emphasis on childhood and senior citizen development. The organization would bring in resources and expertise and establish access to areas of need in the county. Dick Merlin Briscoe, Stephens City, stated the Orrick Cemetery would bring together a multi-denominational group, as well as all walks of life, to address the issues we are starting to see. He stated they would particularly deal with youth issues. Joanne Leonardis, Red Bud District, advised that she lived next to the proposed development and that she was initially going to speak in favor of this project; however, after the comments this evening she would like to learn more about the plans before she could get completely behind this project. She asked, ifthis proposal was approved, how would the project change down the road? She asked how the single-family and condominium units would work. She went on to say that she wanted assurance the plan would be followed and this new type ofUDA development would be suceessful. She stated that more public park land was needed and, based upon information in the Comprehensive Plan, the Red Bud District should have 100 acres of parks. She urged the Board to support the 3.5 acre park. Chris Collins, Red Bud District, advised that he came here to support this plan; however, tonight it sounded like he was hearing about a community for wayward youth. He was concerned that "we" are being asked to create a community for wayward youth. He advised that the last time Minute Book Number 31 Board of Supervisors Re~ular Meeting of OS/24/06 474 he spoke with the Orrick Cemetery people, the adjoining property owners were told this would be an age-restricted community. He concluded by saying that having a social experiment in his backyard was not why he bought his house. Richard Crane, Red Bud District, advised that he too came to support the project; however, he was not familiar with all of the details. He stated he was not impressed with the presentation of the developer and the outstanding issues should have been worked out by the applicant before coming here. He went on to say that he has heard "age-restricted" and "children", but he has not heard about any school proffers. He stated the bike and walking paths need to be put in now. He concluded by saying the applicant needed to do more planning and then come back. Teresa Collins, Red Bud District, asked ifthere would be a buffer between her property and the other buildings. She wanted to know if the community center would be open to the public or restricted only to residents of the Orrick community. She went on to say there needed to be gradations of housing, but she wanted assurances there would be integration into the community. There being no further public comments, Chairman Shickle closed the public hearing. Mr. Hamer clarified that the representatives of Orrick Cemetery were speaking ofthe income model to allow Orrick to create an income stream to carry out their vision. Chairman Shickle advised that the Board would like some distinction between what is built and where the non-profit work ofthe Orrick Cemetery would be done. He concluded by saying that the Board knows what age-restricted housing is. Mr. Sowers stated the transportation improvements have been proffered and will be developed prior to occupancy of the commercial buildings. Supervisor Lemieux advised that he had met with the applicant and he believed this application was lacking in several areas; however, he believed this project was a wonderful thing. Supervisor Lemieux then moved to postpone Rezoning #04-06 for up to 60 days. The motion was seconded by Supervisor DeHaven. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Bill M. Ewing Aye Charlcs S. DeHaven, Ir. Aye Gary W. Dove Aye Gene E. Fisher Aye Philip A. Lemieux Aye Minute Book Number 31 Board of Supervisors Re~ular Meetiug of OS/24/06 475 Barbara E. Van Osten Aye PUBLIC HEARING - HISTORIC BYWAY DESIGNATION IN MIDDLETOWN (ROUTE 11 FROM INTERSECTION OF CHAPEL ROAD rROUTE 6271 TO THE WARREN COUNTY LINE). - (RESOLUTION #073-06) - APPROVED Transportation Planner John Bishop appeared bcfore the Board regarding this item. He advised the County received a communication from the Central Shenandoah Valley Planning District Commission, by way of VDOT, requesting that Route II be evaluated for inclusion as a scenic byway. The portion of Route 11 within Frederick County to be designated is from Route 627 to the Warren County line. The proposcd designation requires action by the Commonwealth Transportation Board. The Commonwealth Transportation Board will not include roadways without a resolution of support from the locality in which the section of road resides. Once designated, this portion of roadway will be added to the statewide map. Planner Bishop then reviewed the important considerations regarding byway status: Virginia Byway designation gives localities the opportunity to participate in the National Scenic Byway Program. It might limit placement of outdoor advertising signs. It does not affect land use controls. It does not limit road improvements. He went on to say that he contacted Michael Estes in the Richmond VDOT office to seek clarification on these considerations. Mr. Estes advised that the County could do what it wanted to do with regard to land use and road improvements, as this designation would have no impact. With regard to signage restrictions, the limitations pertain to billboards, , which is currently regulated by the County through its Zoning Ordinance. Supervisor Lemieux stated that he was not sure this was the right time to bring this item forward since there is a rezoning coming up in that area. He asked if this designation could impact that rezoning in any way. Planner Bishop responded that it was his understanding this designation does not impact land use decisions by the locality. Supervisor DeHaven asked who evaluated the criteria for determining this area as suitable for designation. Planner Bishop responded it was a joint evaluation by VDOT and Department of Minute Book Number 31 Board of Supervisors Regular Meeting of OS/24/06 416 Conservation and Recreation staff. Supervisor Fisher stated that he did not see where this designation does anything one way or the other. He went on to say that the County already limits billboards, but he was concerned about the terminology. Chairman Shickle convened the public hearing. There were no public comments. Chairman Shickle closed the public hearing. Upon a motion by Supervisor Van Osten, seconded by Supervisor Lemieux, the Board approved the resolution designating Route II from Route 627 to the Warren County line as a Virginia Scenic Byway. WHEREAS, the Virginia Department of Conservation and Recreation and Virginia Department of Transportation have determined that Route II between Route 627 and the Warren County Line qualifies for designation as a Virginia Byway; and WHEREAS, the Board of Supervisors of Frederick County, Virginia, properly advertised and held a public hearing on May 24, 2006, to receive comments from citizens on this request; and WHEREAS, Route 11 has many scenic assets; and WHEREAS, the designation of a Virginia Byway does not affect land use controls and road improvements; and WHEREAS, the land along Route 11 between the southern boundary of Middletown and the Warren County line is primarily zoned Rural Areas; and WHEREAS, the Rural Areas zoning does not allow for dense residential or commercial development and allows for uses such as agriculture, forestry, and detached single family dwellings; and WHEREAS, the Board of Supervisors of Frederick County, Virginia, desires that Route 11 be included as a Virginia Byway in the next printing ofVDOT's State Scenic Byway Map. NOW, THEREFORE, BE IT RESOLVED, that the Board of Supervisors of Frederick County, Virginia, hereby supports the designation of Route II between Route 627 and the Warren County line as a Virginia Byway and requests that the Commonwealth Transportation Board take all necessary actions to effect a designation of this section of Route 11 as a Virginia Byway. This resolution shall be in effect on the date of adoption. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Bill M. Ewing Aye Charles S. DeHaven, Jr. Aye Gary W. Dove Aye Gene E. Fisher Aye Philip A. Lemieux Aye Barbara E. Van Osten Aye Miuute Book Number 31 Board of Supervisors Regular Meeting of OS/24/06 477 OTHER PLANNING ITEMS MEMO OF UNDERSTANDING WITH VIRGINIA OUTDOORS FOUNDATION - POSTPONED FOR UP TO 60 DAYS Senior Planner Susan Eddy appeared before the Board regarding this item. She advised this memorandum of understanding was considered by the Board at its March 22,2006 meeting and set out the standards and procedures for co-holding easements. The Board had a number of concerns with the proposed agreement. Based on the comments received to date, the following changes have been made to the proposed MOD: Easements will be monitored on a yearly basis. Mail and telephone will be the methods of contact between staff and the landowners. F or enforcement purposes, the Office of the Attorney General will be counsel for the Virginia Outdoors Foundation. The Conservation Easement Authority has approved this revised agreement. Senior Planner Eddy acknowledged there would be an impact on staff time and resources when easements were co-held. She concluded by saying should the Board not approve this agreemcnt then there would be no need to act on the two casements to be presented tonight for Board action. Supervisor Van Ostcn stated she belicved thc County would get more casements ifthey were co-held. Shc went on to say that working with the Virginia Outdoors Foundation would help staff and the landowners gain knowlcdge about thc process. She concluded by saying that Clarke County was going through this same proccss and were encountcring issues with their proposed agrcement with the Virginia Outdoors Foundation. Upon a motion by Supervisor Van Osten, seconded by Supervisor DeHaven, the Board postponed this item for up to 60 days to allow the Easement Authority to meet with legal counsel, Bob Mitchell. 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 CONSIDERATION OF ACCEPTANCE OF CONSERVATION EASEMENT: GOOD EARTH - (RESOLUTION #074-06) - ITEM NOT CONSIDERED AND NO ACTION Minute Book Number 31 Board of Supervisors Regular Meeting of OS/24/06 ~ 78 TAKEN CONSIDERATION OF ACCEPTANCE OFCONSERV ATIONEASEMENT: GOOD EARTH TOO - (RESOLUTION #075-06) - ITEM NOT CONSIDERED AND NO ACTION TAKEN BOARD LIAISON REPORTS There were no Board liaison reports. CITIZEN COMMENTS There were no citizen comments. BOARD OF SUPERVISORS COMMENTS Supervisor DeHaven referred the Board to a LEED Presentation Agenda that he had distributed prior to the meeting. He advised this was a request from two professional groups, who were offering to come and make a presentation to the Board so they could gain a better understanding ofthe guidelines offederal projects. He asked if the Board would be interested in a presentation sometime after June I st. Chairman Shicklc polled the Board to see which members would be interested in attending a presentation if they were invited by one of the groups: Charles S. DeHaven, If. Barbara E. Van Osten Bill M. Ewing Gary W. Dove Gene E. Fisher Philip A. Lemieux Would be interested in attending. Would be interested in attending. Would be interested in attending. Would be interested in attending. Would be interested in attending. Would be interested in attending. ADJOURN UPON AMOTION BY VICE CHAIRMAN EWING, SECONDED BY SUPERVISOR DOVE, THERE BEING NO FURTHER BUSINESS TO COME BEFORE THIS BOARD, THIS MEETING IS HEREBY ADJOURNED. (9:14 P.M.) ~_Q L2:>_-'LQ-,,-", Richard C. Shickle Chairman, Board of Supervisors t/2:t:/U, Jo ' R. Riley, Jr. Clerk, Board of Supervisors Minutes Prepared By: ~ Cj'-1J~ Jay E.l~s Deputy Clerk, Board of Supervisors Minute Book Number 31 Board of Supervisors Regular Meeting of 05/24106