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HomeMy WebLinkAboutJanuary 26, 2005 Regular Meeting I 306 A Regular Meeting of the Frederick County Board of Supervisors was held on Wednesday, January 26, 2005, 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 Gary W. Dove; Bill M. Ewing; Gene E. Fisher; Gina A. Forrester; Lynda 1. Tyler, and Barbara E. Van Osten. CALL TO ORDER Chairman Shickle called the meeting to ordcr. INVOCATION Retired Reverend Robert G. Stainback ofthe Congregational Christian Fellowship delivered the invocation. ADOPTION OF AGENDA -APPROVED Supervisor Fisher stated that he would like to add a reconsideration of a request to expand the Urban Development Area for Tasker Woods to the agenda as item number 4 under County Officials. Administrator Riley advised that he had no additional items for the agenda. Upon a motion by Supervisor Forrester, seconded by Supervisor Ewing, the Board adopted the agenda as amended. The above motion was approved by the following recorded vote: Richard C. Shickle 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 Aye CONSENT AGENDA - APPROVED Administrator Riley advised that he had one item for the Consent Agenda, a Road Resolution re: Merriman's Chase, Sections 1-4 - Tab 1. Upon a motion by Supervisor Van Osten, seconded by Supervisor Forrester, the Board approved the consent agenda by the following recorded vote: Richard C. Shickle Gary W. Dove Aye Aye Minute Book Number 30 Board of Supervisors Regular Meeting of 01126/05 307 Bill M. Ewing Aye Gene E. Fisher Aye Gina A. Forrester Aye Lynda J. Tyler Aye Barbara E. Van Osten Aye CITIZEN COMMENTS John Conrad, representing Miller & Smith, Company who are property owners in the Gainesboro and Shawnee Districts, appeared before the Board to speak against the proposed development review fee increases. He felt the $500 record plat review fee was too high because this was a routine exercise. He went on to say that he realized that the County must increase it fees in order to recoup cash, but asked the Board to defer approval of this proposed schedule for 30 days. Phil Lemieux, Red Bud District and President of the Top of Virginia Builders Association, expressed his concem about the proposed Development Review Fee Schedule. He felt there was not a lot of justification for the increases and felt that a 300% increase in some fees was unacceptable. Mr. Lemieux went on to say that these fee increases would increase the costs of the houses being built. He felt this was a "back door tax increase", which would give the landowners more incentive to sell to national developers. He went on to say that in some instances the proposed fee schedule would add an additional $600,000 to the cost of development. He coneluded by saying that the Top of Virginia Builders Association recommended a full review and accounting of these fees and requested that the Board postpone action. William Marlowe, Shawnee District, appeared before the Board regarding the Hilda Mae Meadows Master Development Plan. He stated that he did not have a problem with the development going on; however, he was concemed about the stormwater coming from this site across his driveway. J.P. Carr, representing Glaize Developments, asked the Board to take a 30-60 day study period to review the proposed Development Review Fee Schedule. He stated that this proposal would add an additional $750,000 to the cost of the Cross Pointe project. Evan Wyatt, Shawnee District, appeared before the Board regarding the proposed open space amendment. He advised that he had gone through the entire presentation with staff at a December 8, 2004 work session with the Board. The proposal has been amended slightly and the cost of recreational units has increased, but he believed it was workable. He stated that there was Minute Book Number 30 Board of Supervisors Regular Meeting of 01126/05 308 little chance of this ordinance being applied to approved master development plans in an effort to gain more density because the density had already been proffered in these proposals. With regard to the proposed review fees, he believed the rezoning and master development plan review fees were reasonable; however, the final plat fee is not. Bill McDonnell, Shawnee District, appeared before the Board regarding the Hilda Mae Meadows Master Development Plan. He stated that he was an adjoining property owner and was concemed about stormwater run-ofT and advised that the eight foot fence that divides his property from the proj ect needs to be repaired. BOARD OF SUPERVISORS COMMENTS Supervisor Van Osten stated that she had been hearing comments about the Board's action at the last meeting regarding the Rural Areas Study. She advised that the Board's intent in approving the 60-day study period was not to exelude other groups from coming forward with options, but to allow Mr. Good's group and any other interested group to bring proposals before the Board. Chairman Shickle agreed with Supervisor Van Osten's remarks. MINUTES-APPROVED The Board received an amended page to the minutes from the January 5, 2005 Budget Work Session. Upon a motion by Vice-Chairman Dove, seconded by Supervisor Forrester, the Board approved the minutes as amended. The above motion was approved by the following recorded vote: Richard C. Shickle 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 Aye Upon a motion by Supervisor Tyler, seconded by Supervisor Van Osten, the Board approved the minutes from the January 12,2005 Budget Work Session. The above motion was approved by the following recorded vote: Richard C. Shickle Gary W. Dove Bill M. Ewing Gene E. Fisher Aye Aye Aye Aye Minute Book Number 30 Board of Supervisors Regular Meeting of 01126/05 309 Gina A. Forrester Aye Lynda J. Tyler Ayc Barbara E. Van Osten Aye COUNTY OFFICIALS COMMITTEE APPOINTMENTS REAPPOINTMENT OF CHARLES E. TRIPLETT AS GAINESBORO REPRESENTATIVE TO THE PLANNING COMMISSION - APPROVED Upon a motion by Supervisor Dove, seconded by Supervisor Tylcr, the Board reappointed Charles E. Triplett to serve as Gainesboro Representative on the Planning Commission. This is a four year term, said term to expire February 26, 2009. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Gary W. Dove Ayc Bill M. Ewing Aye Gene E. Fisher Aye Gina A. Forrester Aye Lynda 1. Tyler Aye Barbara E. Van Osten Aye RANDY JONES OF ROBINSON. FARMER. COX ASSOCIATES TO ADDRESS THE BOARD RE: COMPREHENSIVE ANNUAL FINANCIAL REPORT (CAFR) Mr. Randy Jones, Robinson, Farmer, Cox Associates, appeared before the Board to discuss the Comprehensive Annual Financial Report. He advised that the audit went smooth and thcrc wcrc no matters of non-compliance. He concluded by saying that the County was in excellent financial condition. CORRESPONDENCE AND RESOLUTION (#030-04) FROM WINCHESTER AND WESTERN RAILROAD RE: RAIL PRESERV A TTON APPLTCA TION - APPROVED Administrator Riley advised that this was an annual submission for the Winchester & Western Railroad Company. They were requesting a resolution of support from the City and the County. He stated that this resolution does not commit the County to any funding. He concluded by saying that the applicants request the County's endorsement. Chairman Shickle stated that he would like some level of comfort that VDOT has endorsed this project. He went on to say that as long as VDOT was comfortable with the project, he did not have a problem approving the resolution, but it they were not comfortable then this request would come back before the Board for reconsideration. Upon a motion by Supervisor Tyler, seconded by Vice-Chairman Dove, the Board approved Minute Book Number 30 Board of Supervisors Regular Meeting of 01/26/05 310 the resolution, with the caveat that it would come back before the Board if VDOT was not comfortable with the project. WHEREAS, the WINCHESTER & WESTERN RR desires to file an application with the VIRGINIA DEPARTMENT OF RAIL AND PUBLIC TRANSPORTATION for safety and improvement projects; and WHEREAS, the identified improvement projects are estimated to cost $2,370,720.00; and WHEREAS, the 2004 General Assembly has approved funding for the acquisition, lease or improvement of railways within the Rail Preservation Program budget; and WHEREAS, the WINCHESTER & WESTERN RR is an important element of the WINCHESTER/FREDERICK COUNTY transportation system; and WHEREAS, the WINCHESTER & WESTERN RR is instrumental in the economic development of the WINCHESTER/FREDERICK COUNTY area, and provides relief to the highway system by transporting freight, and provides an alternate means of transporting commodities; and WHEREAS, THE COUNTY OF FREDERICK supports the project and the retention of rail service; and WHEREAS, the COMMONWEALTH TRANSPORTATION BOARD has established procedures for all allocation and distribution ofthe funds approved by the 2004 General Assembly. NOW, THEREFORE, BE IT RESOLVED that THE COUNTY OF FREDERICK does hereby request the VIRGINIADEP ARTMENT OF RAIL AND PUBLIC TRANSPORTATION to give priority consideration to the projects proposed by the WINCHESTER & WESTERN RR totaling $2,370,720.00 in THE COUNTY OF FREDERICK and THE CITY OF WINCHESTER. The above resolution was approved by the following recorded vote: Richard C. Shickle 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 Aye RECONSIDER REOUEST TO EXPAND URBAN DEVELOPMENT AREA FOR TASKER WOODS AT THE FEBRUARY 9.2005 MEETING - APPROVED Supervisor Fisher requested that the Board reconsider the Tasker Woods request to expand to Urban Development Area and he would like it to be added to the next meeting agenda. He stated that he would ask the Board to reserve final judgment until after this project had gone through the public processes. He asked that the Board reconsider the vote to deny and if the denial was overturned then the application would go to the Planning Commission for public hearing. Chairman Shiekle stated that Supervisor Fisher could bring this item up for reconsideration Minute Book Number 30 Board of Supervisors Regular Meeting of 01126/05 311 since he was on the prevailing side that of the vote to deny. The Board consensus was to put this item on the agenda. COMMITTEE REPORTS FINANCE COMMITTEE - APPROVED The Finance Committee met in the Executive Session meeting room at 107 North Kent Street on Wednesday, January 19,2005 at 8:00 a.m. Items 2, 4, 5, 6 & 7 were approved under consent agenda. Upon a motion by Supervisor Ewing, seconded by Supervisor Forrester, the Board approved items 2, 4, 5, 6, & 7 under the consent agenda. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Gary W. Dove Aye Bill M. Ewing Aye Gene E. Fisher Aye Gina A. Forrester Aye Lynda J. Tyler Aye Barbara E. Van Osten Aye 1. The Director ofInformation Services requests a General Fund budget transfer in the amount of $18,751 from the Operational Contingencv line item. This amount is needed to replace computers and has been recommended by the auditors from the security view. See attached memo, p. 1-4. The committee recommends approval. - APPROVED Upon a motion by Supervisor Ewing, seconded by Supervisor Forrester, the Board approved the above request by the following recorded vote: Richard C. Shickle Aye Gary W. Dove Aye Bill M. Ewing Aye Gene E. Fisher Aye Gina A. F orrester Aye Lynda 1. Tyler Aye Barbara E. Van Osten Aye 2. The Director of Parks and Recreation requests I) a General Fund supplemental appropriation in the amount of$465.88 which represents proceeds earned from the Thanksgiving 5k; 2) a General Fund supplemental appropriation in the amount of $5.400 which represents a donation received for the purchase of light displays for the Winter Wonderland; and 3) a General Fund supplemental appropriation in the amount of $1.500 which represents proceeds from the Winter Wonderland Walking Tour earmarked for the WINC Chain of Checks. No additional local funds are needed. See attached memo, p. 5. The committee recommends approval. - APPROVED UNDER CONSENT AGENDA 3. The Director of Public Works requests a Landfill Fund budget transfer in the amount of $85.000. This amount is needed to complete the purchasc of property approved by the Board of Supervisors at their January 12,2005 meeting. No additional local funds are needed. See attached memo, p. 6. The committee recommends approval. - APPROVED Upon a motion by Supervisor Ewing, seconded by Supervisor Forrester, the Board approved Minnte Book Number 30 Board of Supervisors Regnlar Meeting of 01126105 312 the above request by the following recorded vote: Richard C. Shickle Aye Gary W. Dove Aye Bill M. Ewing Aye Gene E. Fisher Aye Gina A. Forrester Aye Lynda J. Tyler Aye Barbara E. Van Osten Aye 4. The Director of Fire and Rescue requests a General Fund supplemcntal approoriation in the amount of$12.768. This amount represents an OEMS grant to be received and matched by the county to purchase emergency medical equipment. The county portion ofthe grant is already within the Fire and Rescue budget. No additional local funds are needed. See attached memo, p. 7-11. The committee recommends approval. - APPROVED UNDER CONSENT AGENDA. 5. The Sheriff requests a General Fund supplemental appropriation in the amount of$2.248. This amount reprcscnts DARE donations and is requested to be appropriated into the DARE line item. No additional local funds are needed. See attached memo, p. 12-14. The committee recommends approval. - APPROVED UNDER CONSENT AGENDA. 6. The Sheriff requcsts a General Fund supplemental appropriation in the amount of $889.95. This amount represents the department's share in a recent seizure and is requested to be appropriated into the Forfeited Property line item. No additional local funds are needed. See attached memo, p. 15. The committee recommends approval. - APPROVED UNDER CONSENT AGENDA. 7. The Sheriff requests a General Fund supplemental appropriation in the amount of $5.331.45. This amount represents an insurance reimbursement and is requested to be placed in the Motor Vehicles line item. No additional local funds are needed. See attached memo, p. 16. The committee recommends approval. - APPROVED UNDER CONSENT AGENDA. 8. The Sheriff requests a General Fund supplemental appropriation in the amount of $365.688. This amount is needed to purchase 18 patrol vehicles. A lease option for these vehicles is also included in this request. Additional local funds are necessary. See attached memo, p. 17-21. This request has been postponed awaiting additional information. 9. The Regional Jail Administrator requests a Regional Jail supplemental appropriation in the amount of$125.000. This amount is needed to cover anticipated inmate medical expenses. No additional local funds arc needed. See attached memo, p. 22. The committee recommends approval. - APPROVED Upon a motion by Supervisor Ewing, seconded by Supervisor Forrester, the Board approved the above request by the following recorded vote: Richard C. Shickle Aye Gary W. Dove Aye Bill M. Ewing Ayc Gene E. Fisher Aye Gina A. Forrester Aye Lynda J. Tyler Aye Barbara E. Van Osten Aye 10. The Regional Jail Administrator requests approval of a resolution allowing the Regional Jail to participate in the LEOS system through the Virginia Retirement System. Funds have been budgeted in FY 2006 for this program. See attached memo, p. 23-25. The committee recommends approval of the resolution. - APPROVED Minute Book Number 30 Board of Supervisors Regular Meeting of 01126/05 313 Upon a motion by Supervisor Ewing, seconded by Supervisor Fisher, the Board approved the above request by the following recorded vote: Richard C. Shickle Aye Gary W. Dove Aye Bill M. Ewing Aye Gene E. Fishcr Aye Gina A. Forrester Aye Lynda J. Tyler Aye Barbara E. Van Osten Aye 11. The Planning Director requests that the Finance Committee review the revised Development Review Fee Schedule and forward to the Board of Supervisors for recommendation. See attached memo, p. 26-35. The committee recommends approval. Committee member Richie Wilkins voted against the revised fee schedule. Supervisor Ewing stated that he would like to defer a motion on this item until the Board had a chance to discuss it. Supervisor Forrester asked Director Lawrence to explain the justification for the increase in the plat review fee. Administrator Riley stated that in light of some of the public comments he would like to defend the Planning Director's efforts in developing this fee structure. In response to Supervisor Forrester's request, Director Lawrence stated that he had looked at the fees charged, the review process, etc. involved IN each development review. He tried to capture current costs in the proposed fec structure. He went on to say that the review process encompasses hours for a number of agencies including Planning, Frederick County Sanitation Authority, and the County Attorney. Hc advised that the County had not previously had a recordation plat fee, but he felt there was validity in having such a fee now. Supervisor Tyler asked about the postponement fcc that had been included in the original proposal. Shc stated that she would like the Board to think about this fee. She went on to say that if the Board postponed a request then the applicant would not have to pay for it; howcvcr, if the applicant postponed a request then the fee would be assessed. Chairman Shickle stated that there appeared to be widespread concern about using a postponement fee to resolve some issues. He stated that concern had also been expressed about the residential and non-residential per lot fees. He concluded by saying that he would like to dispense with this issue tonight, but if it needs more study then the Board could do that. Vice-Chairman Dove stated that he agreed that the proposed recordation plat fee was Minute Book Number 30 Board of Supervisors Regular Meeting of 01126/05 i 314 I excessive. He would like to see this fee reduced to $100 and then review it within a year to see if it was working. Supervisor Tyler stated that she would vote to approve the fee schedule with the exclusion of the postponement fee and the record plat fee. Supervisor Van Osten stated that she was in favor of moving forward with this process. She felt the Board should adopt a postponement fee which could be assessed whenever a postponement is initiated by an applicant and would like to see this fee put back into the schedule. Supervisor Fisher stated that he agreed with the postponement fee and he believed that reducing the recordation plat fee to $100 was a good starting point. Supervisor Ewing advised that the Board would have to revisit this schedule at the conclusion ofthe Rural Areas Study process and believed many of these areas of concern could be changcd at that time. He concluded by saying that he supported Vice-Chairn1an Dove's remarks. Chairman Shickle stated that he supported Vice-Chairman Dove's remarks. He advised that he could not support a postponement fee as he saw it as a detriment to working out issues with applicants in the future. Supervisor Forrester stated that she was satisfied with a postponement fee, but she was not for reducing the recordation plat fee from $500 to $100. She would prefer starting this fee at $200 and then review the schedule annually. After some discussion, Chairman Shickle asked that any motion to approve this fee schedule excluding the postponement fee and record plat fee. Supervisor Ewing moved to approve the revised Development Review Fee Schedule with the exception of the postponement fee and the record plat review fee. The motion was seconded by Supervisor Forrester The above motion was approved by the following recorded vote: Richard C. Shickle 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 Aye Upon a motion by Vice-Chairman Dove, seconded by Supervisor Fisher, the Board approved Minute Book Number 30 Board of Supervisors Regular Meeting of 01/26/05 315 the record plat review fee of $1 OO/Iot, with this fee to be reviewed in one year. Supervisor Tyler stated that she would like to know how much stafftime is involved in this review process before setting the fee at $lOO/lot. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Gary W. Dove Aye Bill M. Ewing Aye Gene E. Fisher Aye Gina A. Forrester Aye Lynda J. Tyler Nay Barbara E. Van Osten Aye Upon a motion by Supervisor Van Osten, seconded by Supervisor Tyler, the Board approved reviewing the postponement fee at the upcoming Planning Commission retreat. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Gary W. Dove Aye Bill M. Ewing Aye Gene E. Fisher Aye Gina A. Forrester Aye Lynda J. Tyler Aye Barbara E. Van Osten Aye Director Lawrence advised that the new fee schedule would become effective immediately; however, anything that is in the process would be exempt. Upon a motion by Supervisor Ewing, seconded by Supervisor Forrester, the Board voted to immediately enact this new fee sehedule. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Gary W. Dove Aye Bill M. Ewing Aye Gene E. Fisher Aye Gina A. Forrester Aye Lynda J. Tyler Aye Barbara E. Van Osten Aye ***For Information Only*** 1. Attached are responses to questions that were forwarded to the School Board after last month's Finance Committee meeting. See attached letter, p. 36-38. 2. The Finance Director provided a report on fund balance. See attached, p. 39. PLANNING COMMISSION BUSINESS MASTER DEVELOPMENT PLAN WITH WAIVER REOUEST - HILDA MAY Minute Book Number 30 Board of Supervisors Regular Meeting of 01/26/05 316 MEADOWS - APPROVED Planner II Candice Perkins appeared before the Board regarding this project. She advised that this was a proposed master development plan for a twenty single-family small lot, age restricted development. The 4.67 acre parcel is zoned RP (Residential Perfonnance) District and is located in the Shawnee Magisterial District. The minimum lot size within this development is 3,000 square feet. The applicant is providing a picnic shelter and walking trail. An existing fence along Plainfield Heights will be replaced. The applicant has also attained the necessary easements to constmct stoml drainage improvements. Supervisor Forrester asked about the repair of the fence. Planner II Perkins responded that this item was added during the Planning Commission's review of the application. Chairman Shickle asked if it was the same fence that had been identified during the citizen comment period. Planner II Perkins responded yes. The Board discussed the storm water issues relative to the site. Planner II Perkins advised that the Public Works Department had reviewed the proposed storm water plans for this project. Supervisor Fisher wanted to clarify the issue of storm water mn off on Mr. Marlowe's property. John Erickson, representing the applicant, advised that the applicant needed to pipe the water past the project entrance, but would not direct it onto the Plainfield Heights properties. Supervisor Forrester asked who made the determinations regarding the installation of piping beneath a driveway. Mr. Erickson responded that VDOT and the County would review the plans and make any recommended changes. Director Lawrence advised that Planning staff would work with both VDOT and Public Works regarding this issue. Supervisor Fisher stated that the water must be taken off of the site by on-site storm water management improvements. He went on to say that he did not want to hear of any complaints from Minute Book Number 30 Board of Supervisors Regular Meeting of 01126/05 317 neighboring property owners about storm water issues relative to this project. Chairman Shickle advised the applicant's representative that the Board shared Supervisor Fisher's concerns and he put staff and the applicant on alert that there should be no "foul ups" relative to this issue. Supervisor Fisher asked staffto keep him informed as to what was being done regarding the water issues on this site. Supervisor Ewing asked about the entrance off of Pleasant Valley Road. Mr. Erickson advised that VDOT had approved the entrance and the Planning Commission asked that the turn lane have additional signage and mmble strips. Supervisor Forrester asked who would enforce the fence repair. Director Lawrence responded that the Homeowner's Association would maintain the fence. He went on to say that there were no waiver requests before the Board this evening; however, the Board would be creating two non-conforming lots if this plan were approved. Upon a motion by Supervisor Fisher, seconded by Supervisor Forrester, the Board approved Master Development Plan (MDP) # I 0-04 Hilda Maye Meadows. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Gary W. Dove Aye Bill M. Ewing Aye Gene E. Fisher Aye Gina A. Forrester Aye Lynda J. Tyler Aye Barbara E. Van Osten Aye SUBDIVISION WAIVER REQUEST - LISA SARLE TURNER - APPROVED Zoning and Subdivision Administrator Mark Cheran appeared before the Board regarding this request. He advised that the applicant was requesting a waiver of the Subdivision Ordinance requirement to enable the subdivision of a parcel ofland on a right-of-way ofless than 50 feet. He stated that the applicant currently owns a 30-foot right-of-way and has tried to purchase an additional 20 feet from the adjoining property owner, but has not been successful. The Planning Commission reviewed this request and unanimously recommended approval. Upon a motion by Supervisor Van Osten, seconded by Supervisor Tyler, the Board approved waiver request from Lisa Sarle Turner. Minute Book Number 30 Board of Supervisors Regular Meeting of 01/26/05 318 The above motion was approved by the following recorded vote: Richard C. Shickle Aye Gary W. Dove Aye Bill M. Ewing Aye Gene E. Fisher Aye Gina A. Forrester Aye Lynda J. Tyler Aye Barbara E. Van Osten Aye DISCUSSION OF COUNTY CODE. CHAPTER 165 ZONING: SECTION 165-63C. OPEN SPACE REOUlREMENTS IN THE RP (RESIDENTIAL PERFORMANCE) DISTRICT - PUBLIC HEARING AUTHORIZED Planning Director Eric Lawrence appeared before the Board on behalf of this item. He advised that the Board held a work session in December regarding a proposal to reduce the open space requirements for developments in the RP (Residential Performance) District in exchange for more recreational amenities. He stated that staff has worked with Greenway Engineering to address those concerns expressed by the Board during the work session. He went on to say that the Board would make the decision to grant this waiver based on the appropriateness ofthe request with this reduction to be noted on the master development plan. He went on to say that the maximum reductions in open space requirements would be 50% for single family detached units and 25% for all other residential housing types. He further advised that the cost of a recreational unit was $25,000, as determined by the Department of Parks and Recreation. He concluded by saying that this was an opportunity for the Board to enhance the recreational opportunities in the Urban Development Area and staff would like to move this proposal to the public hearing phase, if the Board was comfortable. Supervisor Tyler advised that she was concerned about rezonings and how this proposal might be utilized; however, according to Mr. Wyatt, during citizen comments, this would not be an Issue. Director Lawrence respondcd that he did not have the actual numbers, but advised that most of the land in the Urban Development Area had already been proffered. Supervisor Van Osten stated that she thought this was a win/win and she complimented staff and Mr. Wyatt for their work on this issue. Chairman Shickle asked if a developer was willing to pay more for recreational units for single family lot developments because of the nature of these lots. Minute Book Number 30 Board of Supervisors Regular Meeting of 01/26/05 319 Mr. Wyatt responded that a greater lot yield would allow the costs to be spread more effectively over the entire development. Upon a motion by Supervisor Tyler, seconded by Supervisor Van Osten, the Board authorized the proposed amendments to Chapter 165, Zoning: Section 165-63C, Open Space Requirements in the RP (Residential Performance) District for public hearing. The above motion was approved by the following recorded vote: Richard C. Shickle Gary W. Dove Bill M. Ewing Gene E. Fisher Gina A. Forrester Lynda J. Tyler Barbara E. Van Osten -Aye Nav Aye Aye Aye Aye Aye Aye MEMORANDUM OF UNDERSTANDING BETWEEN THE FREDERICK COUNTY BOARD OF SUPERVISORS AND THE HANDLEY REGIONAL LIBRARY RE: ALTERNATIVE LOCATION OF COUNTY DEPARTMENTS OF PLANNING AND DEVELOPMENT AND INSPECTIONS CONTINUITY OF OPERATIONS PLAN (COOP) - APPROVED Upon a motion by Supervisor Van Osten, seconded by Supervisor Forrester, the Board approved the Memorandum of Understanding between the Frederick County Board of Supervisors and the Handley Regional Library re: Alternative Location of County Departments of Planning and Development and Inspections Continuity of Operations Plan (COOP). 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 Handley Regional Library concerning the relocation of the Frederick County Department of Planning and Dcvclopment, and the Frederick County Inspections Department in the event of an emergency. For the purposes of this MOU, the "Department" shall include: (I) County Department of Planning and Development; and, (2) County Inspections Department. The intent of the MOU is to provide a framework for the location and continued operations of these County agencies. Modifications to the basic MOU shall be the result of discussions between the Director of Planning and the Director of the Handley Regional Library, and with the consent of the County Administrator, the chairman ofthe Handley Regional Library 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 "Department", Handley Regional Library will enable the following: 1) Provide for the Office Space for the "Department", within the Bowman Library on Tasker Road. The proposed space would consist of the Meeting Room, located at the front of the Minute Book Number 30 Board of Supervisors Regular Meeting of 01126/05 320 library, accessible directly from the parking area or via the library lobby. 2) As available, provide tables and chairs to accommodate the staff members of the Department. Additional tables and chairs, necessary to meet the Department needs, will be the responsibility of the Department. 3) As available, provide access to the Library's current network cable and phone capabilities. The access will accommodate the following equipmcnt supplied by the Department: a. Three to five multi-line phones, fax line, and 15 computer workstations with at leasttwo networked printers. b. All computers will have access to AlS 400 and Intemet. During the period of initial setup or for vcry short relocations, the Department may also use Library computers, printers, and fax machine. Library copy machines are available for Department use for whatever period necessary. 4) The proposed space will be ready for occupancy, and access provided for communications nccds within 48 hours of the notice of relocation. (If relocation need occurs while the semi- annual book sale is in the meeting room, Library may require assistance to elear meeting room in 48 hours.) Section II (Vacating the Library) 1) When the Department has located permanent space or will be retuming to the County Office, they will give the Library at least one week notice so the Library can begin scheduling the meeting room. Scction III (Costs and Conditions) I) The County will be responsible for the costs associated with the modifications and equipment acquisition necessary to accommodate the temporary Department relocation. 2) The County will be responsible for costs associated with retuming the space to its original condition such as removing wire molding, patching walls, or carpeting, etc. Section IV (Protections) I) The Frederick County Board of Supervisors shall protect, indemnify, and defend and save harmless, the Handley Regional Library, its officers and employees, from any and all elaims, liabilities, and/or damages directly related to the provisions of operations defined in thc introduction of this agreement. 2) This MOU may be amended by agreement ofthe Director of Planning of Frederick County and the Director ofthe Library, with the consent ofthe County Administrator and Chairman of the Handley Regional Library Board. Dated this day of ,2005. Handley Regional Library By: By: Richard W. Stephenson, Chairman Handley Regional Library Board Trish Ridgeway, Director Handley Regional Library County of Frederick, Virginia Minute Book Number 30 Board of Supervisors Regular Meeting of 01/26/05 321 By: By: John R. Riley, Jr. County Administrator Richard C. Shicklc, Chairman Frederick County Board of Supervisors The above motion was approved by the following recorded vote: Richard C. Shickle Aye Gary W. Dove Aye Bill M. Ewing Aye Gene E. Fisher Aye Gina A. Forrester Aye Lynda J. Tyler Aye Barbara E. Van Osten Aye ROAD RESOLUTION (#031-05) RE: MERRIMAN'S CHASE, SECTION S, 1-4 - APPROVED UNDER CONSENT AGENDA WHEREAS, the streets described on the attached Additions Form SR -SA, fully incorporated herein by reference, are shown on plats recorded in the Clerk's Office of the Circuit Court of Frederick County; and WHEREAS, the Resident Engineer of the Virginia Department of Transportation has advised this Board that the streets meet the requirements established by the Subdivision Street Requirements of the Virginia Department of Transportation; and WHEREAS, the County and the Virginia Department of Transportation have entered into an agreement on June 9, 1993, for comprehensive stormwater detention which applies to this request for addition; and NOW, THEREFORE, BE IT RESOLVED, this Board requests the Virginia Department of Transportation to add the streets described in the attached Additions Form SR-5(A) to the secondary system of state highways, pursuant to 33.1-229, Code of Virginia, and the Department's Subdivision Street Requirements; and BE IT FURTHER RESOLVED, this Board guarantees a clear and unrestricted right-of- way, as described, and any necessary easements for cuts, fills and drainage; and BE IT FURTHER RESOLVED, that a certified copy ofthis resolution be forwarded to the Resident Engineer for the Virginia Department of Transportation. BOARD LIAISON REPORTS Vice-Chairman Dove advised that the Volunteer Association was working to address the Fire & Rescue overtime situation. Supervisor Fisher reported that the Sanitation Authority met on January 18th. There were some high flow problems at the Parkins Mill Plant. The Senseny Road pump station has been redesigned. And the new connection fees were approved. CITIZENS COMMENTS Phil Lemieux, Top of Virginia Builders Association, apologized to Director Lawrence and Administrator Riley ifhis comments earlier were seen as a personal attack.. He stated that was not Minute Book Number 30 Board of Supervisors Regular Meeting of 0 1/26105 322 his intent. Jeffrey Wilt, Frederick County Education Association, asked the Board to fund the increased salaries for teachers. He stated there are three things needed for education: buildings and grounds, hardware and software, and people. He went on to say that Frederick County is competing with other districts for teachers. He concluded by saying that this was an issue of sustainability versus livability and the County needs to retain and keep qualified individuals. Nina Hamstra, Special Education Teacher at James Wood High School, asked the Board to support Dr. Dean and the School Board by funding the requested budget. She went on to say that there was a need to pay current teachers more in order to keep them in the area. She concluded by reiterating her request to the Board to vote in favor of this request. Pat Grosso, Red Bud District and President of the Frederick County Education Association, urged the Board to fund the Frederick County Public School's budget. She stated that cutting the budget would hurt existing staff. She concluded by saying that the County was becoming a "nursery school" for new teachers. BOARD OF SUPERVISORS COMMENTS Supervisor Tyler urged the Board to attend the MPO policy board meeting on February 16th. Chailman Shickle informed the Board that he had an opportunity to hear Prince William County Board of Supervisors Chairman Connaughton speak. During the speech, it was noted that Prince William County had added 15,000 new students to their schools. 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.) . ... V-Q.....Q C' ~ 0 U ~ Richard C. Shickle Chairman, Board of Supervisors .... .1f:.i!i John R. Riley, . Clerk, Board of Supervisors Minutes Prepared By: (In j 0/ C . '--ftU J~ Deputy Clerk, Board of Supervisors Minute Book Number 30 Board of Supervisors Regular Meeting of 01/26/05