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December 08, 2004 Regular Meeting 217 A Regular Meeting of the Frederick County Board of Supervisors was held on Wednesday, December 8, 2004, at 7: 15 P.M., in the Board of Supcrvisors' Meeting Room, County Administration Building, 107 North Kent Strect, Winchester, Virginia. PRESENT Chairman Richard C. Shickle; Barbara E. Van Osten; Gary W. Dove; Bill M. Ewing; Gene E. Fisher; Gina A. Forrester; and Lynda J. Tyler. CALL TO ORDER Chairman Shickle called the meeting to order. INVOCATION Barbara Roby, Associate Pastor of the Pcople's County Church, delivered the invocation. PLEDGE OF ALLEGIANCE Vice-Chairman Van Osten led the Pledge of Allcgiance. ADOPTION OF AGENDA - APPROVED Administrator Riley advised that he had one addition to the agenda. He added a request from the Economic Developmcnt Commission Director for the creation of the position of Ozone Coordinator. This would be added as item #6 under County Officials. Supervisor Forrester asked that the Personnel Committee Report - Tab H, be removed from the Consent Agenda and placed on the Regular Agenda. Upon a motion by Supervisor Ewing, seconded by Vice-Chairman Van Osten, the Board adopted the agenda as amended by the following recorded vote: Richard C. Shicklc Aye Barbara E. Van Osten Aye Gary W. Dove Aye Bill M. Ewing Aye Gene E. Fisher Aye Gina A. Forrester Aye Lynda J. Tyler Aye CONSENT AGENDA - APPROVED Administrator Riley offered the following tabs for approval under the consent agenda: 1. Correspondence and Resolution Re: Changes in the Primary and Secondary System Due to Relocation and Construction on Route 645 - Tab D; 2. Parks and Recreation Commission Report - Tab G; 3. Landfill Oversight Committee Report - Tab I. Minute Book Number 30 Board of Supervisors Regular Meeting of 12/08/04 1218 Upon a motion by Supervisor Tyler, seconded by Supervisor Forrestcr, the Board approved the consent agenda by the following rccorded vote: Richard C. Shickle Aye Barbara E. Van Osten Aye Gary W. Dovc Aye Bill M. Ewing Aye Gene E. Fisher Aye Gina A. Forrcster Aye Lynda 1. Tyler Aye CITIZEN COMMENTS Kenny Stiles appeared before the Board to address the Planning and Development Department's request to change the development fee structure. He was concemcd about the proposed development fee changes. He felt the proposed fees were excessive and could not see how, in some cases, a 540% increase was justified. He asked the Board to take time to review this proposal and not to pass it as presented. BOARD OF SUPERVISORS COMMENTS There were no Board of Supervisors comments. MINUTES-APPROVED Upon a motion by Supervisor Tylcr, seconded by Supervisor Forrester, the minutcs from the November 10, 2004 Regular Meeting were approved as presentcd by the following recorded vote: Richard C. Shickle Aye Barbara E. Van Osten Aye Gary W. Dove Aye Bill M. Ewing Aye Gene E. Fisher Aye Gina A. Forrester Aye Lynda J. Tylcr Aye COUNTY OFFICIALS COMMITTEE APPOINTMENTS SOCIAL SERVICES BOARD REOUEST TO CHANGE BOARD STRUCTURE - APPROVED Chairman Shickle referred the Board to the memo regarding this topic, which advised that thc Social Services Board is currently made up of a representative from each of the six magisterial districts and a Board of Supervisors liaison, who is currcntly not a voting member. The Board of Supervisors' Liaison and the Social Services Dircctor requested that the Board liaison be given the Minute Book Number 30 Board of Supervisors Regular Meeting of 12/08/04 219 power to vote in the event of a tie. This would also help the Social Services Board more easily achieve a quorum for their meetings. Staff: in consultation with the Chairman, proposed three options for the Board's consideration regarding this issue: 1. Expand the existing Social Services Board by one at-large member. 2. Give the Board liaison the power to vote in the event of a tie. 3. Create both an at-large seat and give the Board liaison the power to vote in the event of a tie. Upon a motion by Supervisor Tyler, seconded by Supervisor Forrester, the Board approved option #3 for the revised structure of the Social Services Board. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Barbara E. Van Osten Aye Gary W. Dove Aye Bill M. Ewing Aye Gene E. Fisher Aye Gina A. Forrester Aye Lynda 1. Tyler Aye BARBARA E. VAN OSTEN AND BILL M. EWING APPOINTED AS MEMBERS OF THE CONSOLIDATION STUDY COMMITTEE - APPROVED Upon a motion by Supervisor Tyler, seconded by Supervisor Forrester, the Board appointed Barbara E. Van Osten and Bill M. Ewing to serve as the Board of Supervisors members of the Consolidation Study Committee. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Barbara E. Van Osten Aye Gary W. Dove Aye Bill M. Ewing Aye Gene E. Fisher Aye Gina A. Forrester Aye Lynda 1. Tyler Aye DWIGHT SHENK NOMINATED TO SERVE AS GAINESBORO REPRESENTATIVE TO THE BOARD OF ZONING APPEALS - APPROVED Upon a motion by Supervisor Dove, seconded by Supervisor Ewing, the Board nominated Dwight Shenk to serve as Gainesboro Representative to the Board of Zoning Appeals. This is a five year term, said term to expire December 31, 2009. The above motion was approved by the following recorded vote: Minute Book Number 30 Board of Supervisors Regular Meeting of 12/08104 220 Richard C. Shickle Aye Barbara E. Van Osten Aye Gary W. Dove Aye Bill M. Ewing Aye Gene E. Fisher Aye Gina A. Forrester Aye Lynda J. Tyler Aye REAPPOINTMENT OF ROBERT S. HARTMAN AS BACK CREEK REPRESENTATIVE TO THE PARKS AND RECREATION COMMISSION - APPROVED Upon a motion by Vice-Chairman Van Osten, secondcd by Supervisor Tyler, the Board reappointed Robert S. Hartman to serve as Back Creek Representative to the Parks and Recreation Commission. This is a four year term, said term to commence January 17,2005 and expire January 17,2009. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Barbara E. Van Osten Aye Gary W. Dove Aye Bill M. Ewing Aye Gene E. Fisher Aye Gina A. Forrester Aye Lynda 1. Tyler Aye REAPPOINTMENT OF JOHN R. RILEY. JR. AS FREDERICK COUNTY REPRESENTATIVE TO THE NORTHERN SHENANDOAH V ALLEY DISABILITY SERVICES BOARD - APPROVED Upon a motion by Supervisor Tyler, seconded by Supervisor Forrestcr, the Board reappointed John R. Riley, Jf. as Frederick County Representative to the Northern Shenandoah Valley Disability Services Board. This is a three year term, said term to commence January 31, 2005 and expire January 31, 2008. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Barbara E. Van Osten Aye Gary W. Dove Aye Bill M. Ewing Aye Gene E. Fisher Aye Gina A. Forrester Aye Lynda 1. Tylcr Aye REAPPOINTMENT OF JAMES W. GOLLADAY. JR. AS FREDERICK COUNTY REPRESENTATIVE TO THE WINCHESTER-FREDERICK COUNTY ECONOMIC DEVELOPMENT COMMISSION - APPROVED Upon a motion by Supervisor Tyler, secondcd by Vice-Chairman Van Osten, the Board Minute Book Number 30 Board of Supervisors Regular Meeting of 12/08/04 221 reappointed James W. Golladay, Jr. as Frederick County Representative to the Winchester-Frederick County Economic Development Commission. This is a three year term, said term to expire January 31, 2008. The above motion was approved by the following recorded vote: Richard C. Shickle Barbara E. Van Osten Gary W. Dove Bill M. Ewing Gene E. Fisher Gina A. Forrester Lynda 1. Tyler Aye Aye Aye Abstained Aye Aye Aye CORRESPONDENCE AND RESOLUTION (#028-04) RE: CHANGES IN THE PRIMARY AND SECONDARY SYSTEM DUE TO RELOCATION AND CONSTRUCTION OF ROUTE 645 - APPROVED UNDER CONSENT AGENDA WHEREAS, the Virginia Department of Transportation has provided this board with a sketch dated November 19, 2004 depicting required changes in the Secondary Systems of State Highways, which sketch entitled "Changes in the Secondary Systems Due to Relocation and Construction on Route 645, Project 0645-034-256, C501," is hereby incorporated by reference; and WHEREAS, a new road identified in the RED and further identified as Section "A", and a route extension identified in RED and further identified as Section "B", was constructed under the Revenue Sharing Program and was administered by the County of Frederick by Resolution of Support #048-03, dated March 10,2003; and WHEREAS, the new roads identitied in RED serves the same citizens as the old portion of old road identified in BLUE and further identified as Section "c" to be abandoned and the portion to be abandoned no longer serves a public need. NOW, THEREFORE, BE IT RESOLVED, that the Board of Supervisors for the County of Frederick, Virginia, does hereby request that the Virginia Department of Transportation add to the Secondary System of Highways the portions identified in RED on the aforementioned sketch, pursuant to 33.1-229 of the Code of Virginia, 1950, as amended; and BE IT FURTHER RESOLVED, that the Board of Supervisors for the County of Frederick concurs with the abandonment of the portion identified in BLUE on the aforementioned sketch, pursuant to 33.1-155 ofthe Code of Virginia, 1950, as amended; and BE IT FINALLY RESOLVED, that a certified copy ofthis resolution be forwarded to the Resident Engineer for the Virginia Department of Transportation. This item was approved under the consent agenda. MEMORANDUM OF UNDERSTANDING BETWEEN THE FREDERICK COUNTY BOARD OF SUPERVISORS AND FREDERICK COUNTY PUBLIC SCHOOLS RE: CONTINUITY OF OPERATIONS - ALTERNATIVE LOCATION OF COUNTY ADMINISTRATOR'S OFFICE - APPROVED Administrator Riley advised that in August 2004, hc dircctcd each department to develop their own continuity of operations plan. The basis for this plan was contained in the FEMA Interim Guidance on Continuity of Operations Planning/(Jr State and Local Governments. The Continuity Minute Book Number 30 Board of Supervisors Regular Meeting of 12/08/04 222 of Operations Plan outlines: The types of emergency events that could affect the department. The line of succession in the event the department head is away or incapacitated. Proposed alternate locations should the department be forced to relocate due to damage to the County Office Complex or in the event conditions are such that it is impossible to reach the county office complex. Proposed space and equipment needs in the event of relocation. As part of the Continuity of Operations Plan for the County Administrator's Office, staff has worked with Frederick County Public Schools and Shenandoah University to develop Memorandums of Understanding for alternate locations for the County Administrator's Office, which include co-location of the County Administrator's Office and the Departments of Finance, Human Resources, and Information Services. The Board is being asked to approve the proposed Memorandum's of Understanding and authorize the Chairnlan to sign each. Upon a motion by Vice-Chairman Van Osten, seconded by Supervisor Forrester, the Board approved the Memorandums of Understanding between the Frederick County Board of Supervisors and Frederick County Public Schools and Shenandoah University and authorized the Chairman to sign each on behalf of the Board. INTRODUCTION This Memorandum of Understanding (MOU) has been developed in order to outline the basic terms of an agreement between the Frederick County Board of Supervisors and the Frederick County School Board concerning the relocation of the County Administrator's Office in the event of an emergency. For the purposes of this MOD, the County Administrator's Office shall include: (1) County Administrator's Offices; (2) Finance Department; (3) Personnel Department; and (4) Information Services/Data Processing. The intent of the MOU is to provide a framework for the location and continued operations of the County Administrator's Office. Modifications to the basic MOU shall be the result of discussions between the county administrator and the superintendent of schools for Frederick County, and with the consent ofthe chairman of the Frederick County Board of Supervisors, the chairman of the Frederick County School Board, and approval by the respective governing body, if deemed appropriate. PROVISIONS FOR THE MEMORANDUM OF UNDERSTANDING Section I (Services to be Provided) In the event of a natural or man made emergency or disaster, which precipitates the relocation of the County Administrator's Office, Frederick County Public Schools will provide the following: 1. Office space for the County Administrator's Office, in the boardroom (Room 5) of the Frederick County School Board Offices. The proposed space is approximately 34' x 44'. Minute Book Number 30 Board of Supervisors Regular Meeting of 12/08/04 223 2. Partitions to divide the alternate space into the necessary areas for County Administration, Personnel, Finance, and Information Services Departments. 3. Additions to current cable and phone capabilities from existing Fredcrick County Public School's cquipment inventories to accommodate the communication needs of the County Administrator's Office and Departments of Finance, Pcrsonnel, and Data Processing. This ineludes: Three to five multi-line phones, fax line, and five computer workstations with at least one networked printer. (County Administrator's Office) One to two computer workstations and printer, one phone line, fax machine, and typewritcr (manual or electric). (Personnel Department) Five computer workstations with one networked printer and five to seven multi-line phones. (Finance Department) Four computer workstations and one phone line. (Data Proccssing) All computers will have access to A/S 400 and Internet. I Access to a copy machine. 4. Thc proposed space will be ready for occupancy and communication needs will be installed and operational within 48 hours of the notice of relocation. Section IT (Costs and Conditions) 1. Occupancy and use of the officc space shall be at no cost to the County. 2. Partitioning of the proposed space into the necessary number of workstations would be performcd under the direction of Pre de rick County Public Schools Supervisor of Buildings and Grounds. 3. Costs associated with outsourcing or staff work to creatc the required work spaces will be based on the actual costs of materials, parts, and contracted services. The labor charge will be at the same rate as agreed to by both parties as outlined under the MOU for Operation and Maintenance of the County Office Complex and Bowman Library. 4. Installation of additions to current cable and communication equipment will be under the direction of the Frederick County Public Schools Director of Information Technology. Section III (Protections) 1. The Frederick County Board of Supervisors shall protect, indenmify, and defend and save harmless, the County School Board of Frederick County, Virginia, its officers and employees, from any and all claims, liabilities, and/or damages directly related to the provisions of operations defined in the introduction of this agreement. 2. This MOU may be amended by agreement ofthe county administrator of Frederick County and the superintendent of schools for Frederick County, with the consent of the chainnan of the Frederick County Board of Supervisors and the chairman ofthe Frederick County School Board. Approval from the Frederick County Board of Supervisors and the Frederick County School Board will be requested for proposed amendments if deemed appropriate. IFrcdcrick County Public Schools shall permit the County of Frederick to bring it's existing A/S 400 unit or a replacement to the County Administrator's alternate location for connection to the A/S 400 owned and operated by Frederick County Public Schools. Minute Book Number 30 Board of Supervisors Regular Meeting of 12/08/04 224 The above motion was approved by the following recorded vote: Richard C. Shickle Aye Barbara E. Van Osten Aye Gary W. Dove Aye Bill M. Ewing Aye Gene E. Fisher Aye Gina A. Forrester Aye Lynda J. Tyler Aye MEMORANDUM OF UNDERSTANDING BETWEEN THE FREDERICK COUNTY BOARD OF SUPERVISORS AND SHENANDOAH UNIVERSITY RE: CONTINUITY OF OPERATIONS - ALTERNATIVE LOCATION OF COUNTY ADMINISTRATOR'S OFFICE - APPROVED INTRODUCTION This Memorandum of Understanding (MOD) has been developed in order to outline the basic terms of an agreement between the Frederick County Board of Supervisors and Shenandoah University concerning relocation of the County Administrator's Office in the event of an emergency. For the purposes ofthis MOU, the County Administrator's Office shall include: (I) County Administrator's Offices; (2) Finance Department; (3) Human Resources; (4)Infornlation Services/Data Processing. The intent of the MOU is to provide a framework for the location and continued operations of the County Administrator's Office. Modifications to the basic MOD shall be the result of discussions between the County Administrator and the President of Shenandoah University, and with the consent of the Chairman of the Frederick County Board of Supervisors, and approval by the respective governing body, if deemed appropriate. PROVISIONS FOR THE MEMORANDUM OF UNDERSTANDING Section I (Services to he Provided) In the event of a natural or man made emergency or disaster, which precipitates the relocation ofthe County Administrator's Office, Shenandoah University will provide the following: 1. Office space for the County Administrator's Office in the Cameron Street building or available space on the main campus. 2. Partitions to divide the alternate space into the necessary areas for County Administration, Personnel, Finance, and Information Services Departments, if necessary. 3. Additions to current cable and phone capabilities from existing Shenandoah University equipment inventories to accommodate the communication needs of the County Administrator's Office and Departments of Finance, Personnel, and Data Processing. This includes: 4. Three to five multi-line phones, fax line, and five computer workstations with at least one networked printer. (County Administrator's Office) 5. One to two computer workstations and printer, one phone line, fax machine, and typewriter (manual or electric). (Personnel Department) 6. Five computer workstations with one networked printer and five to seven multi-line phones. (Finance Department) 7. Four computer workstations and one phone line. (Data Processing) 8. All computers will have access to A/S 400 and Internet. 1 Minute Book Number 30 Board of Supervisors Regular Meeting of 12/08/04 225 9. Access to a copy machine. 10. The proposed space will be ready for occupancy and communication needs will be installed and operational within 24 hours of the noticc of relocation. Section II (Costs and Conditions) 1. Occupancy and use ofthe office space shall be at cost for set up and utilities, custodial, etc. as mutually agreed upon by County Administrator's Office and Shenandoah University Officials. 2. Partitioning of the proposed space into the necessary number of workstations would be performed under the direction of the Superintendent of Buildings and Grounds at Shenandoah University. 3. Costs associated with outsourcing or staff work to create the required work spaces will be based on the actual costs of materials, parts, and contracted services. The labor charges will be directly related to contracted charges mutually agreed upon by the County Administrator's Office and Shenandoah University Officials. Section III (Protections) 1. The Frederick County Board of Supervisors shall protect, indemnify, and defend and save harmless, Shenandoah University, its officers and employees, from any and all claims, liabilities, and/or damages directly related to the provisions of operations defined in the introduction of this agreement. 2. This MOU may be amended by agreement ofthe county administrator of Frederick County, with the consent of the chairman of the Frcderick County Board of Supervisors and the President of Shenandoah University. Approval from the Frederick County Board of Supervisors and the Shenandoah University Board of Trustees will be requested for proposed amendments if deemed appropriate. I Shenandoah University shall permit the County of Frederick to bring its existing A/S 400 unit or a replacement to the County Administrator's alternate location for connection to the AlS 400 owned and operated by Shenandoah University. This Memorandum of Understanding was approved by the preceding motion and vote. MELANIE STEPP-COUGHLIN TO ADDRESS THE BOARD RE: UPDATE OF THE WINCHESTER-FREDERICK COUNTY CONVENTION AND VISITORS BUREAU Melanie Stepp-Coughlin, Director of the Winchester-Frederick County Convention and Visitors Bureau appeared before the Board to givc an update on tourism in Winchester and Frederick County. She began by thanking the Board for the work they do on behalf of tourism. She informed the Board that the Bureau had hired a marketing consultant to develop a brand and marketing concept. The consultant cited three advantages for Winchester and Frederick County: history, beauty, and location. Director Stepp-Coughlin stated that by positioning the area as a heritage tourism destination, "we are a sleeping giant." She went on to say that every $1.00 invested in Minute Book Number 30 Board of Supervisors Regular Meeting of 12/08/04 226 getting visitors to come to Winchester and Frederick County gencratcs $184.00. She went on to say that the Convention and Visitors Bureau had increased the number of visitor inquiries through partnerships. Vice-Chairman Van Osten commended Director Stepp-Coughlin and the tourism board for their work. Supervisor Tyler stated that she hoped the Board would give the Bureau the tools they need to bring visitors to the area. REQUEST FROM WINCHESTER-FREDERICK COUNTY ECONOMIC DEVELOPMENT COMMISSION RE: CREATION OF OZONE ACTION COORDINATOR POSITIONS - APPROVED ADVERTISING REQUEST FOR PROPOSAL FOR POSITION Administrator Riley advised that the Economic Development Commission Director requested the hiring of an Ozone Action Coordinator to carry out the objectives ofthe Early Action Plan Task Force. The consensus among staff was to out source these functions through a consultant. Staff requested the Board authorize the advertisement of a Request for Proposal for these serviees. The position would be housed in the office of the Director of Economic Development. Supervisor Dove asked if the County knew this position would be required when the plan was adopted. Economic Development Director Patrick Barker responded yes. Supervisor Forrester asked about partnering with the Northern Shenandoah Valley Regional Commission. Administrator Riley advised that was a possibility, but he had difficulty solely funding a position for the rest of the region. Director Barker advised that a lot of the general work has been done. He stated that the most time consuming task would be launching the program. He went on to say that there were phase I activities that must be completed by the end of 2005. Chairman Shickle asked ifthe County could proceed with this, if there was no buy in from anyone else. Administrator Riley responded yes, but he recommended that the County move forward with this proposal for the businesses not only in the County, but in the City as well. Upon a motion by Supervisor Tyler, seconded by Vice-Chairman Van Osten, the Board Minute Book l'iumber 30 Board of Supervisors Regular Meeting of 12/08/04 227 authorized staffto advertise a request for proposal for the ozone action coordinator position, on an outsource basis and solicit approval from the City of Winchester, with thc funding details to he worked out by the joint finance committee. The ahove motion was approved by the following recorded vote: Richard C. Shickle Aye Barbara E. Van Osten Aye Gary W. Dove Aye Bill M. Ewing Aye Gcnc E. Fishcr Aye Gina A. Forrester Aye Lynda J. Tyler Aye COMMITTEE REPORTS PARKS AND RECREATION COMMISSION REPORT - APPROVED UNDER CONSENT AGENDA The Parks and Recreation Commission met on November 16,2004. Members present were: Charles Sandy, Steven White, Ronald Madagan, Cheryl Swartz, Robert Hartman, P. W. Hillyard, Ill, Victoria Keelon, Lynda Tyler. Suhmittcd for Board Infomlation Onlv: 1. FY 2006 Budeet Recommendation - Mr. White moved to accept the Department capital budget request for FY 2006 amounting to $10,593,400, second by Mr. Hartman, carried unanimously (7-0). Mr. Hartman moved to accept the Department's operating budget III the amount of $1,944,826, second by Mrs. Keelon, carricd unanimously (7 -0). 2. Standin\: Committee Reports: a. Fees and Char!!.es Committee - The Committee recommcnded that Winchester Youth Soccer Cluh reapply for FY 2006 co-sponsorship and approved FY 2006 co-sponsorship applications for the County Little League organizations, American Legion Post 21 Basehall, Maverick Softball Amateur Athletic Association, and the Blue Ridge Youth Soccer Association (Recreation Division), second hy Mr. Hartman, carried unanimously (7-0). b. Buildin\:s and Grounds Committee - The Committee recommended using parks and recreation proffers, not to exceed $150,000, to build a playground at Sherando Park in FY 2005, second by Mr. White, carried unanimously (7-0). PERSONNEL COMMITTEE REPORT - AUTHORIZED THE COUNTY ADMINISTRATOR TO STUDY THE FEASIBILITY OF CREATING A GRANTS COORDINATOR POSITION The Personnel Committee met on Wednesday, December 1, 2004 with the following committee members present: Gina A Forrester, Chairperson, Verne E. Collins, Philip Farley, Barbara Van Osten, John R. Riley, Jr., Kris Tiemcy, and Debby Didawick. Department Head prcscnt: Becky Hogan, Circuit Court Clerk, Cheryl Shiffler, Finance Director. Press memhcrs: Steve Edwards, WINC, Alex Bridges, NY A Daily. ***Information Only*** Minute Book Number 30 Board of Supervisors Regular Meetiug of 12/08/04 228 Request from the Circuit Court Clerk for Emnloyees to be Incornorated into the Frederick County Employee Benefits/Pay Plan The Committee reviewed a request from Becky Hogan, Circuit Court Clerk, to bring the Clerk's Office employees under Frederick County policies, benefits and pay plan. The County currently funds their VRS retirement and health and dental insurances. The State will reimburse as applicable. The County will incur the cost of any benefits payout at termination. The original date of hire in the Clerk's Office will carry over in the Frederick County system. Part-time annual salary amount is $46,494 reimbursed by the State. Annual full-time salaries are $261,150 with appropriate State reimbursements. No additional funding will be required. The Committee recommended approval of this request and forward to the Finance Committee. (See attachment A.) Request from County Administrator to review Salary Scales Analysis The Committee reviewed the salary scales analysis. It was recommended to phase the rate of inflation factors with the current budget cycle as step one and the possibility of benchmarking positions under salary surveys as phase two. The Committee requested that information on attrition be compiled by department over the past ten years and a report of positions advertised. The Committee recommended to forward the proposal to adjust the salary scales based on the rate ofintlation and make it a part of the current budget process. (See attachment B.) Reauest from the BOS on Feasibility of Creatine Grants Coordinator Position The Committee reviewed information to detcnnine feasibility of creating a Grants Coordinator position to provide complete grant management, renewals and pursue new grants. The Committee did not recommend going forward with this position at this time. (See attachment C.) Supervisor Forrester asked the Board for feedback regarding the possibility of creating the position of Grants Coordinator. Vice-Chairman Van Osten stated that she voted to support this proposal during the Personnel Committee meeting, because staff spends a lot oftime working to obtain grants and she believed this type of position would pay for itself. She went on to say that she would like to have more discussion on this item. The Board felt this position merited further study before creating it. Upon a motion by Supervisor Forrester, seconded by Vice-Chairman Van Osten, the Board authorized the County Administrator to research the feasibility of creating this position and determine a base budget for this office. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Minute Book Number 30 Board of Supervisors Regular Meetiug of 12/08/04 229 Barbara E. Van Osten Aye Gary W. Dove Aye Bill M. Ewing Aye Gene. E. Fisher Aye Gina A. Forrcstcr Ayc Lynda 1. Tyler Aye There was no other business to come before the Committee. LANDFILL OVERSIGHT COMMITTEE REPORT - APPROVED UNDER CONSENT AGENDA The Landfill Oversight Committcc mct on Thursday, December 2,2004 at 8:00 a.m. All committee members were present except John Riley. The following issues were discussed: Glass Crusher A presentation was made by Mr. Henry Mikus, Director of Solid Waste Management for Shenandoah County and Mr. Dick Magnifico, Assistant County Administrator for Warren County to promote the idea of utilizing surplus revenue generated by the Regional Tire Operation Program (R.T.O.P.) to fund additional solid waste programs within the region. In particular, they presented a conceptual business program for funding and operating a glass crusher to deal with recycled glass products. Prior to purchasing a glass crusher or funding any other solid waste program, it will be necessary to establish a policy within the Northern Shenandoah Valley Regional Commission to allow use ofR.T.O.P. funds for this purpose. After discussing this issue at length, the committee unanimously endorsed a recommendation to allow the use ofRT.O.P. fund to finance capital costs for regional solid waste programs with the following provisions: 1. The use ofRT.O.P. funds will not adversely impact the existing tire program. 2. The programs under consideration will benefit the entire region. 3. The use oft1.mds will be limited to solid waste programs only. 4. Any program proposals utilizing RT.O.P. funds will be unanimously endorsed by the solid waste technical committee prior to submission to the executive committee for their review and approval. 5. Funds derived from the R.T.O.P. shall be utilized to finance initial capital costs only. The individual programs shall be self-sustaining after the initial capital expenditures. Review Proposed Fiscal Year 200512006 Landfill Budl!et The committee reviewed and unanimously endorsed the proposed Fiscal Year 200512006 landfill budget in the amount of$9,354,058. PUBLIC WORKS COMMITTEE REPORT (NOVEMBER 30. 2004) - DENIED REQUEST TO STUDY CURBSIDE TRASH COLLECTION The Public Works Committee met on Tuesday, Novcmber 30, 2004 at 8:00 a.m. All members were present except Stan Crockett. The following items were discussed: ***Items Requiring Action*** Curbside Trash Collection - Denied Minute Book Number 30 Board of Supervisors Regular Meeting of 12/08/04 230 During the discussion of the proposed Fiscal Year 2005/2006 budget rclatcd to refuse collection, the issue of curbside trash collection was raised as an alternative to expanding the Greenwood citizens' convenience site. In response to this issue, staff has prepared the attached memorandum in an attempt to briefly explain our position on this issue. The committee recommended that this issue be presented to the board for their consideration to determine if they wanted staffto perform a detailed cost study related to implementation of a curbside trash collection program in the urbanized areas of Frederick County. (See Attachment 1). Supervisor Tyler moved to authorize the performance of a detailed cost study rclatcd to implementation of a curbside trash collection program in the urbanized areas of Frederick County. The motion was seconded by Supervisor Forrester. Public Works Director Ed Strawsnyder advised that this proposal would be in lieu of an expansion of the existing Greenwood convenience site. He said the his department would continue to watch the private sector and if there was an increase in residents contracting garbage collection to private haulers then it would not be necessary to expand the Greenwood site. Supervisor Forrester thought a time frame should be set to revisit this issue. Vice-Chairman Van Osten favored postponing this request and considcring it at another time. There being no further discussion, the motion to authorize the detailed cost study was defeated by the following recorded vote: Richard C. Shickle Nay Barbara E. Van Osten Nay Gary W. Dove Nay Bill M. Ewing Nay Gene E. Fisher Nay Gina A. Forrester Aye Lynda 1. Tyler Aye ***Items Not Requiring Action*** Bid Results for Renovation ofthe Courtroom at the Old Frederick Countv Courthouse Only one (1) bid in the amount of $249,409 from Lantz Construction Company, Inc. was received for the renovation of the courtroom in the Old Frederick County Courthouse. This bid greatly exceeded the available funding of$130,000. Therefore, the committee directed the Public Works Director to attempt to negotiate with Lantz Construction Company, Inc. in an effort to maximize the amount of improvements that can be obtained for the gi ven budget. (See Attachment Proposal for Desil!n of New Animal Shelter A proposal in the amount of$230,655 was submitted by Design Learned, Inc. for the design and construction administration of the new Frederick County Animal Shelter. Of this amount, $162,130 is directly related to the design and preparation of construction documents. This amount is below the allocated budget. Therefore, the committee rccommcnded that staff procced with awarding a contract. (See Attachment 3). Proposed Reclassifications Minute Book Number 30 Board of Supervisors Regular Meeting of 12/08/04 231 Requests for personnel reclassifications were received from the building official, animal shelter manager and the deputy director of publ ic works. Memorandums highlighting these requests are attached. After reviewing these requests, the committee unanimously endorsed the proposed reelassifieations. All salary adjustments will be referred to the personnel committee for their review and action. (See Attachment 4). Proposed Fiscal Year 200512006 Budl!et The proposed Fiscal Year 2005/2006 budget was presented by the director of public works. After questions and discussion, the committee unanimously endorsed the proposed budget. A summary of the budget is attached. The detailed budget package which encompasses ten (10) separate budgets will be forwarded to the Finance Department to meet their December 6, 2004 deadline. (See Attachment 5). PUBLIC WORKS COMMITTEE REPORT (DECEMBER 2, 2004) - APPROVED The Public Works Committee met on Tuesday, December 2, 2004, at 10:00 a.m. All mcmbers were present. ***Items Requiring Action*** PPEA for New Public Safe tv Buildinl! - Approved A meeting was held on this date to hear a presentation by Shockey Companies, Inc. relative to the design and construction of the new public safety building. Because ofthe proprietary nature of the information, the presentation portion of the meeting was made in closed session. After reconvening from the closed session, a motion was madc by Whit Wagner to move forward with the preparation of a comprehensive agreement between the Shockey Companies, Inc. and Frederick County under the PPEA format for the design and construction of the new public safety building. His motion also recommended that Shockey inelude the potential for future expansion, provide site flexibility, allow for a future entrance from the proposed 522 realignment and providc options for the full build-out of the space for Emergency Communications Center and Emergency Operations Center services. The motion was unanimously approved by the committee. Upon a motion by Supervisor Tyler, seconded by Supervisor Dove, the Board approved the prcparation of a comprehensive agreement between the Shockey Companies, Inc. and Frederick County under the PPEA format for the design and construction ofthe new public safety building and that the project design inelude the potcntial for future expansion, provide site flexibility, allow for a future entrance from the proposed 522 realignment and provide options for the full build-out of the space for Emergency Communications Center and Emergency Operations Center services. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Barbara E. Van Osten Aye Gary W. Dove Aye Bill M. Ewing Aye Gene E. Fisher Aye Gina A. Forrester Aye Lynda J. Tyler Aye PUBLIC SAFETY COMMUNICA nONS REPORT - INFORMA nON ONLY Minute Book Number 30 Board of Supervisors Regular Meeting of 12/08/04 , 232 The Frederick County Public Safety Committee met Thursday, December 2, 2004. Committee members present were: Committee Chair Barbara Van Osten, John Riley, Frederick County Fire & Rescue Director Gary DuBrucler, Sheriff Robert Williamson, Bill Ewing, Helen Lake, Carolyn Glaize, also in attendance was LeeAnna Pyles. The following items were discussed: ***Items Requiring Action*** 1. County Administration is proposing to purchase seven 50-person ANSI/OSHA Compliant Complete First Aid Kits, each kit containing bandages, eye wash, ointment, wipes, plus blood borne pathogen/personal protection and CPR pack with one-way valve face shield. Also being proposed is the purchase of three Heartstart Onsite Defibrillators. These items will be located throughout the county building. 2. Placed on the agenda were drafts of several departmental continuity of operations plans and a Memorandum of Understanding between the Supervisors and Frederick County Public Schools, as well as between the Board of Supervisors and Shenandoah University for an alternate location for the County Administrator's Office, Finance, Human Resources, and Information Services. These departments are dependent upon each other to function efficiently. These operations plans would come into effect if a disruption of service was caused by an emergeney situation. ***Items Not Requiring Action*** 1. The Communieations' budget was reviewed and the Committee noted and discussed the following: Four new employees, three Dispatchers and one GIS Tech. The Committee was in agreement with the addition of the additional Dispatchers, but was adverse to the Full Time GIS Teeh. They discussed having this position as a part-timer or plaeing the additional responsibilities of this position with the current Administrative Assistant. The decision to leave the request for a new phone system, for the Center, in the budget is based on the unknown timing ofwhen the Center will be moving into the new Public Safety building. If it is decided that the Center will move when it is completed then these funds will not be needed. The Committee reviewed the Communieations Center revenues and noted the defieit in revenue due to more homeowners using cell phones for their home phones. Frederick County has lost approximately 5,000 tariff paying lines within the past two years. The budget will be submitted to Finance at this time and will be diseussed again after adjustments are requested. 2. The Fire and Rescue Department budget was reviewed, an item of discussion was the hiring of22 new employees and the impact it would have on the department's overtime expense. The new employees request partially due to the request of certain companies requesting 24/7 coverage at their stations. Director Gary DuBrueler discussed the Federal Standard Labor Aet (FLSA) in relation to the work schedule of Fire and Rescue personnel. The FLSA requires overtime pay after a certain number of hours has been worked and has a different set of guidelines for Fire and Rescue personnel as it does for Law enforcement. This difference does create an increase in the overtime payments. In past years, the budgeted amount requested has been cut, which leads the department have to request more funds from the Board. The budget will be submitted to Finance at this time and will be discussed again after adjustments are requested. 3. Gary DuBrueler, Barbara Van Osten, and John Riley will be meeting to discuss the After Action Report from the Terrorism Response Table Top Exercise to decide the next step in evaluating and training. Meeting Date: The next meeting of the Public Safety Committee will be set at a later date. FINANCE COMMITTEE REPORT The Finance Committee met in the First Floor Conference Room at 107 North Kent Street on November 17, 2004 at 8:00 a.m. Committee member Richie Wilkins was absent. Minute Book Number 30 Board of Supervisors Regular Meeting of 12/08/04 233 1. The Planning Director requests that the Finance Committee review thc attached proposal for Development Review Fees and forward to the Board of Supervisors for recommendation. See attached memo, pp. 1-8. The Committee recommends approval. - Referred Back to the Committee for Review and Study. Upon a motion by Supervisor Ewing, seconded by Supervisor Dove, the Board referred this item back to the Finance Committee for additional work and review. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Barbara E. Van Osten Aye Gary W. Dove Aye Bill M. Ewing Aye Gene E. Fisher Ayc Gina A. Forrester Aye Lynda 1. Tyler Aye 2. The Commissioner of Revenue discussed proposed changes to the Property Tax Relief for possible Public Hearing and subsequent approval by the Board of Supervisors. At this time, thc committee recommends to not make any adjustments to the Property Tax Relief schedule for the elderly and handicapped. 3. Attached is the FY 2005-2006 budget calcndar for review and discussion. See attached, pp.9-10. PUBLIC HEARING PUBLIC HEARING - PROPOSED ORDINANCE TO AMEND THE FREDERICK COUNTY CODE. CHAPTER 155. TAXATION, ARTICLE XXII. ASSESSMENT FOR STREETLIGHTS: BY THE ADDITION OF A NEW SECTION 155-137.1 OAKDALE CROSSING STREETLIGHT SERVICE DISTRICT. THE PURPOSE OF THIS PROPOSED ORDINANCE IS TO CREATE A SERVICE DISTRICT. ENCOMPASSING OAKDALE CROSSING SECTIONS I, II. AND III. TO INSTALL. MAINTAIN. AND OPERATE THE STREETLIGHT INFRASTRUCTURE WITHIN THE BOUNDARIES OF THE DISTRICT AND TO LEVY AND COLLECT AN ANNUAL ASSESSMENT UPON THE PROPERTIES SERVICED BY STREETLIGHTS IN SAID DISTRICT TO PAY THE EXPENSES FOR PROVIDING SUCH SERVICE - APPROVED Administrator Riley advised the Board that, at its November 10, 2004 meeting a public hearing was scheduled for tonight's meeting on the creation of a streetlight service district for Oakdale Crossing Sections I, II, and Ill. He went on to say that staff has been in contact with representatives from Allegheny Power regarding existing conditions within the proposed district. There currently exist 16 light fixtures in Oakdale Scction I. The monthly cost of these fixtures is $224.12 ($14.0 I per fixture including tax) and is currently being paid Glaize Developments, Inc. In Section III, there currently exist five light fixtures. These fixtures were installed by Allegheny Powcr during construction of this section but were never turned on as there was no account established to pay the operating costs. Allegheny's representative advised that once an account is Minute Book Number 30 Board of Supervisors Regular Meeting of 12/08104 234 established then these lights could be turned on. The monthly cost for the operation ofthese lights would be $21.04 per fixture including tax for a total of$105.20 per month. With regard to Section II, Allegheny Power advises that the necessary infrastructure has been installed to 10 of the 13 transformers. Allegheny's representative stated that one of the property owners had a streetlight installed and is currently paying the bill. Lights could be installed at the remaining nine locations where conduit stubs exist, next to the transfornlers, at no cost to the County. The monthly cost for operating these lights would be $21.04 per fixture plus tax for a total of $210.40 per month. It is anticipated that the monthly bill for the existing light would be included in the assessment total. This tax would be collected in the same manner as real estate and personal property taxes, the property owners would receive two bills per year (June and December) for a total of $22.33, plus a 10% administrative fee or a grand total of $24.56 per tax bill. The annual tax amount for this service would be $49.12 per property per year. He advised that should the Board find it appropriate to approve the ordinance creating the Oakdale Crossing Streetlight Service District, stafI would recommend that any motion to approve include the authorization of a budget transfer from Operational Contingencies to Streetlight Service in the amount of$3,300.00. This would cover the power bills received from January to June 2005. The propcrty owners would then be billed for the entire year, which would allow the County to reimburse this expense as well as have funds available from the property owners to cover those bills received from July to December. The property owners would then receive a six month bill with their December taxes, which would cover the following January to June period. Administrator Riley concluded by saying that stafffclt this ordinance could be implemented to the satisfaction of the homeowners and is fiscally responsible to the taxpayers of Frederick County. Chainnan Shickle called the public hearing to order. Ron Place, Shawnee District, stated that he hoped the Board would pass this ordinance and he commended staff and the Board for all of their work regarding this issue. David Seaver, Shawnee District, commended the work that has been done on this issue. He stated safety and security were important and he thought this ordinance would help considerably. He concluded by saying that he hoped to see it approved. There being no further public comments, Chairman Shickle closed thc public hearing. Minute Book Number 30 Board of Supervisors Regular Meeting of 12/08/04 235 Upon a motion by Supervisor Fisher, seconded by Supervisor Ewing, the Board adopted the Ordinance to amend the Frederick County Code, Chapter 155, Taxation, Article XXII, Assessment for Streetlights; by the addition ofa new section 155-137.1 Oakdale Crossing Streetlight Service District; and Section 155.137.2 Assessment for Maintenance of Oak dale Crossing Streetlight Service District and authorized a budget transfer in the amount of$3,300.00 from Operational Contingencies to Streetlight Service. BE IT ORDAINED, that the Frederick County Code, be amended by the Addition of a New Sections 155-137.1 Oakdale Crossing Streetlight Service District and S 155-137.2 Assessment for Maintenance of Oakdale Crossing Streetlight Service District, to read as follows: ~ 155-137.1 Oakdale Crossing Streetlight Service District I. Pursuant to S 15.2-2400 et. seq. ofthe Code of Virginia 1950, as amended, a service district is hereby created. The name ofthis service district shall be the Oakdale Crossing Streetlight Service District, situate in the Shawnee Magisterial District, and shall be comprised of Oakdale Crossing subdivision Sections I, II, and III. A more particular description of the boundaries is as follows: Beginning at the intersection of the southern right of way line ofSenseny Road and the western right of way I jne of Boundary Avenue, thence with the said western right of way line of Boundary Avenue. S 12009' 27" E 1,319.45 feet, S 11057' 02" E 332.77 feet to a point, said point being a comer to Glaize Developments, Inc., thence with Glaize Developments, Inc. S 12023' 29" E 322.13 feet, S 870 51' 28" W 26.70 feet, S 020 08' 32" E 105.00 feet to a point, said point being the northwestern corner of Raven Pointe, Section 5, Lot 164, thence with Raven Pointe, Section 5 S 00020' 16" W 111.19 feet, S 090 41' 47" W 115.00 feet, S 19026' 27" W 115.00 feet, S 290 II' 07" W 307.32 feet, S 350 03' 45" W 385.57 feet, N 860 54' 30" W 290.00 feet, N 41021' 40" W 195.02 feet, S 790 50' 19" W 120.99 feet to a point in the eastern line of Raven Wing, Section 3, Lot [75, thence first with Raven Wing, Section 3 and finally with Raven Wing, Section 4 N 10009' 41" W 767.12 feet, N 890 26' 02" W 225.38 feet, S 790 50' 19" W 37.81 feet, N 31006' 29" E 65.16 feet, N 280 10' 30" E 80.00 feet, N 210 25' 39" E 86.00 feet, N 36059' 46" E 165.84 feet, N 10009' 40" W 17.02 feet, N 10057' 14" W 308.07 feet, N 260 32' 01" W 19.84 feet, S 260 47' 58" W 60.00 feet, N 4103 I' 17" W 199.81 feet to a point in the southern line of Fairway Estates, Section 3, Lot 53, thence first with Fairway Estates, Section 3 and finally with Fairway Estates, Section 2 N 670 04' 25" E 146.88 feet, N 10032' 09" W 241.04 feet, N 100 17' 33" W 526.79 feet to a point, said point being the southwesternmost corner of John H. and Jennifer M. Neumann, thence with Neumann N 740 24' 49" E 238.37 feet, N 08016' 33" E 612.23 feet to a point in the aforementioned southern right of way line of Senseny Road, thence with the said southern right of way line of Senseny Road Minute Book Number 30 Board of Supervisors Regular Meeting of 12/08/04 236 S 790 00' 08" E 138.11 feet, S 740 40' 49" E 241.83 feet, S 720 01' 03" E 33 [.83 feet to the beginning, Containing 69.97 acres more or less, Being all the property known as Oakdale Crossing, Sections I, II, and III. 2. The purpose ofthe Oakdale Crossing Streetlight Service District is to install, maintain, and operate the streetlight infrastructure within the boundaries of said district and to levy and collect an annual assessment upon the properties serviced by streetlights in said district to pay the expenses for providing such service. 3. Within the boundaries ofthe Oakdale Crossing Streetlight Service District, there exist three sections, Oakdale Crossing Section I, II, and III. Streetlights currently exist in Oakdale Crossing Sections I and III; therefore, the County of Frederick in cooperation with Allegheny Power or its assigns or successors shall maintain and operate said streetlights. With regard to Oakdale Crossing Section II, Frederick County in cooperation with Allegheny Power or its assigns or successors shall install streetlights and maintain and operate the same for the benefit of the residents within the service district. 4. The County of Frederick finds that creation of the Oakdale Crossing Streetlight Service District to be in the best interest of the health, safety, and welfare of the residents of said district. ~ 155-137.2 Assessment for Maintenance of Oak dale Crossing Streetlight Service District. 1. Pursuant to S 15.2-2403 (6) of the Code of Virginia 1950, as amended, a semi-annual assessment shall be imposed upon the properties located within the Oakdale Crossing Streetlight Service District to pay for the expenses and charges for installing, providing, and maintaining the streetlight service. 2. The tax shall be in the amount of actual cost incurred by Frederick County to install, provide, and maintain such service, plus an administrative fee not to exceed 10% of such actual cost as a reserve. 3. The tax assessable against individual lots or parcels of real estate shall be determined by dividing the total actual cost for such service, plus the aforementioned administrative percentage reserve, by the number of properties situate within the boundaries of the service district. 4. The tax hereby assessed shall accme from the date of passage of this article and shall be billed by and payable to the Treasurer of Frederick County at the same time or times as for real estate taxation, as provided in S 155-2 of this code and there shall be added to any such tax a penalty of 10% of such fee for all such fees not paid when due as provided in S 155-4, interest thereon from the first day following the day such fees are due at the rate of 10% per annum. 5. There shall be a licn against any such property assessed with such tax for any unpaid tax, penalty and interest, which lien shall be on a parity with liens for unpaid local taxcs, and this lien shall be administered and enforced in the same manner as provided in Chapter 39 of Title 58. [ fo the Code of Virginia. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Barbara E. Van Osten Aye Gary W. Dove Aye Bill M. Ewing Aye Minute Book Number 30 Board of Supervisors Regular Meeting of 12/08/04 237 Gene E. Fisher Gina A. Forrester Lynda J. Tyler Aye Aye Aye PUBLIC HEARING - PROPOSED GRANT OF EASEMENT OF APPROXIMA TEL Y FIVE FEET (5') IN LENGTH ACROSS PUBLIC OPEN SPACE LAND CONVEYED TO THE FREDERICK COUNTY BOARD OF SUPERVISORS UPON CREATION OF THE SHA WNEELAND SANITARY DISTRICT. THE PURPOSE OF THIS CONVEYANCE IS FOR THE CONSTRUCTION OF AN ON-SITE SEWAGE DISPOSAL SYSTEM - DEFERRED FOR 30 DAYS PENDING STUDY BY THE PUBLIC WORKS COMMITTEE Administrator Riley advised that this was a request for a 20- foot wide easement across county owned property located in Shawneeland to accommodate a discharge permit for an individual package treatment plant. He stated that he initiated the advertisement ofthis item as he was unaware of any controversy or staff concerns relating to this matter; however, the Director of Public Works has forwarded a memo expressing his concerns relative to this proposal. Administrator Riley advised that it would be appropriate for the Board to defer action on this item and refer it to the Public Works Committee for a recommendation. Tim Stowe, applicant, advised that the purpose of this easement was to construct a wastewater system. He stated that a representative from the Virginia Department of Health visited the site and this system was their recommendation. He concluded by saying that the easement was needed for the discharge system to access the creek. Chairman Shickle called the public hearing to order. There were no public comments. Chairnlan Shickle closed the public hearing. Upon a motion by Vice-Chairman Van Osten, seconded by Supervisor Forrester, the Board voted to postpone this request for thirty (30) days pending further study by the Public Works Committee. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Barbara E. Van Osten Aye Gary W. Dove Aye Bill M. Ewing Aye Gene E. Fisher Aye Gina A. Forrester Aye Lynda J. Tyler Aye PLANNING COMMISSION BUSINESS Minute Book Number 30 Board of Supervisors Regular Meeting of 12/08/04 238 PUBLIC HEARING PUBLIC HEARING - REZONING #10-04 OF A.P.R. MINI-STORAGE, LLC, SUBMITTED BY FOL TZ LAND SURVEYING, TO REZONE 2.5473 ACRES FROM RA (RURAL AREAS) DISTRICT TO Bl (NEIGHBORHOOD BUSINESS) DISTRICT. AND 10.1134 ACRES FROM RA (RURAL AREAS) DISTRICT TO B2 (BUSINESS GENERAL) DISTRICT. THIS PROPERTY IS LOCATED ON THE NORTH SIDE OF ROUTE 776 ABOUT 500 FEET EAST OF THE INTERSECTION WITH ROUTE 522, AND IS IDENTIFIED BY PROPERTY IDENTIFICATION NUMBER (PIN) 64B-A-38, IN THE SHAWNEE MAGISTERIAL DISTRICT. - POSTPONED PUBLIC HEARING - VACATION OF SULKY DRIVE CUL-DE-SAC, REOUESTED BY RICHARD G. HARDISON AND KATHLEEN A. HARDISON. THIS IS A PROPOSED CONVEYANCE BY THE COUNTY OF ITS RIGHT-OF-WAY INTEREST IN THAT CERTAIN PARCEL OF LAND CONTAINING 0.25865 ACRES AND BEING A PORTION OF THE SULKY DRIVE CUL-DE-SAC, LOCATED IN THE BATTLEFIELD SUBDIVISION IN THE BACK CREEK MAGISTERIAL DISTRICT. THE PROPOSED VACATION WOULD INCLUDE THE CONVEYANCE BY FREDERICK COUNTY OF ITS RIGHT-OF-WAY INTEREST IN THAT CERTAIN PARCEL OF LAND WHICH ADJOINS PARCELS 75-A-lll, 75-A-13, AND 75-A-I1B - (RESOLUTION #029-04) - APPROVED Zoning and Subdivision Administrator Mark Cheran appeared before the Board on behalf of this item. He advised that staff had received a request from Riehard and Kathleen A. Hardison for the Board to approve the eonveyance of its right-of-way interest in that certain parcel of land containing 0.25865 acres and being a portion ofthe Sulky Drive cul-de-sae. The property is located in the Battlefield Subdivision in the Back Creek Magisterial District. He went on to say that the subject area is unimproved and has been maintained by the adjoining property owners throughout time. The Virginia Department of Transportation finds the proposed vacation of the boundary line acceptable. Chairman Shickle convened the public hearing. There were no publie comments. Chairman Shickle closed the public hearing. Upon a motion by Vice-Chairman Van Osten, seconded by Supervisor Forrester, the Board approved the vacation of the Sulky Drive eul-de-sac. WHEREAS, it appears to the Board that a 0.25865 aere portion ofthe Sulky Drive cul-de- sac, located in the Battlefield Subdivision in the Back Creek Magisterial District, serves no public necessity and has never been part of thc Seeondary System of State Highways; and WHEREAS, the Board has been provided with an email dated October 29,2004 from the Virginia Department of Transportation, approving the Vacation of the Boundary Lines, which is hereby incorporated herein by reference; and WHEREAS, that 0.7346 aere portion designated as "New Dedicated Area" on said plat for Minnte Book Number 30 Board of Supervisors Regular Meeting of 12108/04 239 I a public turn-around area at the terminal of Sulky Drive, now serves as the same citizens as that portion of the cul-de-sac identified to be abandoned and that portion to be abandoned no longer serves a public need. NOW, THEREFORE, BE IT RESOLVED, the Board of Supervisors of the County of Frederick Virginia does hereby abandon from the Seeondary System of State Highways the 0.25865 acre portion ofthe Sulky Drive cul-de-sac, located in the Battlefield Subdivision in the Back Creek Magisterial District, identified on the aforementioned plat, pursuant to Section 33 .1-15 5, ofthe Code of Virginia, as amended; and BE IT FIN ALL Y RESOLVED, that a certified copy ofthis resolution be forwarded to the Resident Engineer for the Virginia Department of Transportation. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Barbara E. Van Osten Aye Gary W. Dove Aye Bill M. Ewing Aye Gene E. Fisher Aye Gina A. F orrester Aye Lynda 1. Tyler Aye BOARD LIAISON REPORTS Supervisor Tyler advised that Parks and Recreation's Building and Ground's Committee recommended the construction of a new playground at Shcrando Park. CITIZEN COMMENTS John Goode, Jr., Stonewall District, stated that the Rural Areas proposals created anxiety among the farming community. He asked the Board to consider retaining the cxisting five-acre by right density in the Rural Areas. He suggested the Board start over to create a win/win. He concluded by saying that the current product is from a negative "Soviet-style" of thinking. Webb Koshene, Stonewall District, asked why the Board, in 2003, decided that the previous Board and Commissions were wrong in having the 5 acre zoning in place. He stated that he was told that people realized that 30% of the building permits were coming from the rural areas and that no proffers for roads and schools were being received. He was also told that people wanted to stop national builders from constructing 1,000 lot subdivisions in the rural areas. People wanted to protect nature and inventory the land so it could be released when it was needed. He advised that homes in the rural areas are higher prieed than homes in the UDA and therefore should be a"cash cow" for thc County. He stated that he had asked staffto look at impact fees as a way of recouping development costs in the rural areas, but was told that impact fees were not workable. He cited an article about Stafford County's impact fee program. He asked the Board why they wanted to attack Minute Book Number 30 Board of Supervisors Regular Meeting of 12/08/04 240 the farmers and risk alienating this small constituency. He concluded by urging the Board to work with the tools currently in place rather than creating new ones. Greg Hewitt, Stonewall District, stated that he would like to "ditto" Mr. Goode's comments. Ty Lawson advised that he represented several large tract owners in Frederick County and his clients were opposed to the alternatives to by right zoning. His clients want an ordinance that provides for density bonuses and design flexibility and they wanted to cooperate with Frederick County on this issue. BOARD OF SUPERVISORS COMMENTS Vice-Chairman Van Osten thought the Rural Areas Study had been an excellent study and we could build on what we have. She did not agree that the Board and staff should start over. She felt there could be a win/win solution. She went on to say that the County had worked well with all ofthe stakeholders and constituencies and she disagreed with some ofthe comments in that regard. She thought a solution was on the horizon. She concluded by saying that she would support 5 acre density across the board after listening to the landowner concerns throughout this process. Supervisor Tyler stated that she never liked moving beyond 5 acres. She felt the transportation impacts could be mitigated by looking at bonuses. She concluded by saying that she thought the County could get what it wanted from this process. Supervisor Dove stated that he had always supported the five acre density. He thanked Mr. Lawson for his letter to the Board and Planning Commission members and stated that it had a lot of great comments. Chairman Shickle stated that he took offense to some ofthe things that were said during this study process and he believed that they led to comments that caused concern and anxiety among the community. He went on to say that, had he been asked, these were not the answers that he would have given, but he had a lot of interest in the proposal before the Board. He concluded by saying that he did take exception to some of the comments and the way they were said. ADJOURN UPON A MOTION BY SUPERVISOR EWING, SECONDED BY SUPERVISOR FORRESTER, THERE BEING NO FURTHER BUSINESS TO COME BEFORE THIS BOARD, THIS MEETING IS HEREBY ADJOURNED. (9:00 P.M.) Minute Book Number 30 Board of Supervisors Regular Meeting of 12/08/04 241 ~Q Q ~o O-'--.J Richard C. Shickle Chairman, Board of Supervisors J~1f Clerk, Board of Supervisors Minutes Prepared By: (/ ~ f'1J1 Jay E. ib~ Deputy Clerk, Board of Supervisors Minute Book Number 30 Board of Supervisors Regular Meeting of 12/08104 - - ---.- --- - ---... -----.------------------- ....-----.---