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HomeMy WebLinkAboutFebruary 23, 2005 Regular Meeting 351 A Regular Meeting ofthe Frederick County Board of Supervisors was held on Wednesday, February 23, 2005, at 6:30 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 J. Tyler, and Barbara E. Van Osten. CALL TO ORDER Chairman Shickle called the meeting to order. BOARD RETIRED INTO CLOSED SESSION Upon a motion by Vice-Chairman Dove, seconded by Supervisor Forrester, the Board retired into Closed Session pursuant to Code of Virginia, 1950, as Amended Section 2.2-3711 A (7) to discuss legal matters. 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 BOARD RECONVENED INTO REGULAR SESSION Upon a motion by Vice-Chairman Dove, Seconded by Supervisor Forrester, the Board reconvened into regular session. The above motion was approved 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 Upon a motion by Vice-Chairman Dove, seconded by Supervisor Forrester, the Board certified that to the best of each board member's knowledge only Code oIVirginia Section 2.2- 3 711 A (7) legal matters were discussed. The above motion was approved by the following recorded vote: Minute Book Number 30 Board of Supervisors Regular Meeting of 02/23/05 352 Richard C. Shickle Aye Gary W. Dove Aye Bill M. Ewing Aye Gene E. Fisher Aye Gina A. Forrestcr Aye Lynda J. Tyler Aye Barbara E. Van Osten Aye BOARD RECESS Upon a motion by Supervisor Ewing, seconded by Supervisor Fisher, the Board recessed the meeting until 7:15 P.M. 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 CALL TO ORDER Chairman Shickle called the regular meeting to order. INVOCATION Reverend Joseph Roby, of the People's Country Church, delivered the invocation. PLEDGE OF ALLEGIANCE Vice-Chainnan Dove led the Pledge of Allegiance. ADOPTION OF AGENDA - APPROVED Administrator Riley advised that he had two items to add to the agenda under County Officials: 6. Approve funding for the Air Compact consultant. 7. Discussion of Public Works Committee request for the Board to consider an additional funding appropriation to complete the renovation of the Old Frederick County Courthouse. Upon a motion by Supervisor Tyler, seconded by Supervisor Forrester, the Board approved the agenda as amended by the following recorded vote: Richard C. Shickle Gary W. Dove Bill M. Ewing Gene E. Fisher Gina A. Forrester Lynda J. Tylcr Aye Aye Aye Aye Aye Aye Minute Book Number 30 Board of Supervisors Regular Meeting of 02/23/05 353 Barbara E. Van Osten Aye CONSENT AGENDA - APPROVED Administrator Riley offered the following tabs for the Board's consideration: I. Closing of County Offices for Apple Blossom Festival- Tab C 2. Request for Road Name Change: Mullein Drive to National Drive - Tab D. Upon a motion by Supervisor Tyler, seconded by Supervisor Forrester, the Board approved the Consent Agenda by thc 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 Ostcn Aye CITIZEN COMMENTS There were no citizen comments. BOARD OF SUPERVISORS COMMENTS Supervisor Van Osten asked ifthere was interest on the Board in rescheduling the April 27, 2005 meeting to April 26, 2005 due to possible schedule conflicts with the Apple Blossom Festival. Upon a motion by Supervisor Van Osten, seconded by Supervisor Tyler, the Board rescheduled the Wednesday, April 27, 2005 Regular Meeting to Tuesday, April 26,2005. 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 MINUTES-APPROVED The Board received corrections to the January 26, 2005 Regular Meeting minutes, prior to this meeting. Upon a motion by Supervisor Tyler, seconded by Supervisor Forrester, the Board approved the minutes from the January 26, 2005 Regular Meeting, as corrected. The above motion was approved by the following recorded vote: Minute Book Number 30 Board of Supervisors. Regular Meeting of 02/23/05 I 354 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 Ewing, seconded by Supervisor Forrester, the minutes from the February 2, 2005 Budgct Worksession were 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 Upon a motion by Supervisor Forrcstcr, seconded by Supervisor Van Osten, the minutes from the February 9, 2005 Budget Worksession were 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 J. Tyler Aye Barbara E. Van Osten Aye The Board received corrections to the February 9,2005 Regular Meeting minutes, prior to this meeting. Upon a motion by Supervisor Tyler, seconded by Supervisor Forrester, the Board approved the minutes from the February 9, 2005 Regular Meeting, as corrected. 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 Ewing, seconded by Supervisor Fisher, the minutes from the February 15,2005 Budget Worksession were 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 02/23/05 355 Gina A. Forrester Aye Lynda 1. Tyler Aye Barbara E. Van Osten Aye COUNTY OFFICIALS COMMITTEE APPOINTMENTS REAPPOINTMENT OF DARWIN S. BRADEN TO THE FREDERICK COUNTY SANITATION AUTHORITY - APPROVED Upon a motion by Supervisor Dove, seconded by Supervisor Fisher, the Board reappointed Darwin S. Braden to the Frederick County Sanitation Authority. This is a four year term, said term to expire April 15, 2009. 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 CLOSING OF COUNTY OFFICES FOR APPLE BLOSSOM FESTIVAL - APPROVED UNDER CONSENT AGENDA The County Offices will be closed on Friday, April 29, 2005 for the 78th Shenandoah Apple Blossom Festival. REOUEST FOR NAME CHANGE: MULLEIN DRIVE TO NATIONAL DRIVE - APPROVED UNDER CONSENT AGENDA The Frederick County Department recommended approval of the citizen request to change a road name from Mullein Drive to National Drive. This request was approved under the consent agenda. MEMORANDUM AND RESOLUTION (#034-05) RE: ACCEPTANCE OF INDOOR AQUATIC FACILITY PPEA UNSOLICITED PROPOSAL - APPROVED Administrator Riley advised that the following resolution memorialized the action taken by the Board at its February 9 2005 meeting relative to the acceptance of an unsolicited proposal for an indoor aquatic facility per the PPEA guidelines. The resolution ratifies the Board's action and designates the appropriate staff member to oversee this project to completion. Upon a motion by Supervisor Tyler, seconded by Supervisor Dove, the Board approved the resolution accepting the indoor aquatic facility PPEA unsolicited proposal. Minute Book Number 30 Board of Supervisors Regular Meeting of 02/23/05 356 WHEREAS, an indoor aquatic facility to serve the residents of Frederick County has been a priority on the Frcdcrick County Capital Improvement Program for the last lO years; and WHEREAS, no such facility is located within Frederick County; and WHEREAS, the Frederick County Parks and Recreation Department has land available for thc location of this proposed facility; and WHEREAS, it is the desire of the Frederick County Board of Supervisors to design, construct, and equip the proj ect pursuant to the Public Private Education Facilities and Infrastructure Act of 2002 (PPEA). NOW, THEREFORE, BE IT RESOLVED, that the Frederick County Board of Supervisors does hereby ace cpt the Virginia Public Private Education Facilities and Infrastructure Act of 2002 (PPEA) proposal for the indoor aquatic facility and directs the Parks and Recreation Director to initiate review and complete the proposal process. BE IT FURTHER RESOLVED, that adoption of this resolution does hereby ratify the action taken by this Board at its February 9, 2005 meeting to accept the unsolicited proposal and advertise for competing proposals. The above resolution was approved by the following recordcd votc: 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 EXECUTIVE DIRECTOR DAVID ZIEGLER TO ADDRESS THE BOARD RE: UPDATE ON OUR HEALTH David Ziegler, Executive Director of Our Health, Inc., appeared before the Board to givc an update on his organization's activities. He stated that Our Health was working on the development of a volunteer resource center. In 2005 the agency will be working in two primary areas: staff training and development and grant development. He concluded by thanking the Board for their support and cooperation. OZONE ACTION COORDINATOR POSITION - APPROVED Administrator Riley advised that part ofthe implementation ofthe Ozone Early Action Plan included hiring an ozone action coordinator. In early 2005, a request for proposal was advertised and distributed to several local firms. Only one proposal was received by the deadline, but had yet to be reviewed by the Task Force. The City Council representative and Supervisor Van Osten made contact with the SHENAIR Institute at James Madison University. The SHENAIR Institute submitted a proposal in the amount of$88,000, with $13,000 being in-kind work. The County and Minute Book Number 30 Board of Supervisors Regular Meeting of 02/23/05 357 City would be responsible for the remaining $73,926. If this request is approved then an appropriation from the operational contingency fund would be required. The County would fund the full amount and the City would reimburse their portion to the County. Upon a motion by Supervisor Forrester, seconded by Supervisor Van Osten, the Board approved the contract with James Madison University for the Ozone Action Coordinator position and appropriated $73,936 from the operational contingency fund. 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 RESTORATION OF THE OLD FREDERICK COUNTY COURTHOUSE - APPROVED Supervisor Tyler reported that the Public Works Committee reviewed the option of completing the old county courtroom for an additional cost of $120,000. The Committee recommended that this issue be forwarded to the Board of Supervisors for its review and consideration. To date, Frederick County has expended $640,601 during the restoration of the old courthouse with $310,000 being received as grant funds. The County has obligated $126,470 to Lantz Construction Co. for additional restoration of the courtroom. If the Board approves to add $120,000 to the project, it will increase the Lantz project cost to $246,470. She concluded by saying that the work being performed by Lantz was already underway with a targeted completion prior to Apple Blossom. Upon a motion by Supervisor Tyler, seconded by Vice-Chairman Dove, the Board approved moving forward with the courthouse renovations at a cost of $120,000 with the funds to be transferred out of unreserved fund balance. 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 Aye Aye Aye Aye Aye Minute Book Number 30 Board of Supervisors Regular Meeting of 02/23/05 358 Lynda J. Tyler Aye Barbara E. Van Osten Aye COMMITTEE REPORTS FINANCE COMMITTEE - APPROVED The Finance Committee met in the Board of Supervisors meeting room at 107 North Kent Street on Tuesday, February 15, 2005 immediately following the budget worksession at 12:00 P.M. Committee member Richie Wilkins was absent. 1. The Court Services Director requests a Court Services Fund supplemental appropriation in the amount of $1.31 0.08. This amount represents unspent grant funds that need to be returned to the state. No additional local funds are needed. See attached memo, p. 1-2. The committcc 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. Forrester Aye Lynda 1. Tyler Aye Barbara E. Van Osten Aye 2. Lord Fairfax Community College requests a General Fund supplemental appropriation in the amount of$397.250. This amount represents the county's share of the new Science Building at LFCC. These funds have been appropriated in prior years budgets. The Finance Director request direction on a change in policy for disbursement of funds at the request of LFCC. See attached memo, p. 3-5. The committee approved the appropriation but not a change in policy, therefore, the funds will be escrowed and held by the county. - 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. Dovc Ayc Bill M. Ewing Aye Gene E. Fisher Aye Gina A. Forrester Aye Lynda J. Tyler Aye Barbara E. Van Osten Aye 3. 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. Replacement vehicle policies from other localities has also been included at the request ofthe committee. Additional local funds are necessary. See attached, p. 6- 68. The committee recommended approval for the outright purchase ofthe vehicles. The committcc requested that the County Administrator work on guidelines for replacement of county vehicles. - APPROVED Upon a motion by Supervisor Ewing, seconded by Supervisor Forrester, the Board approved the above request by the following recorded vote: Minute Book Number 30 Board of Supervisors Regular Meeting of 02/23/05 359 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. The Finance Director is providing a report on fund balance. See attached, p. 69. PLANNING COMMISSION BUSINESS PUBLIC HEARING - CONDITIONAL USE PERMIT #01-05 OF CINGULAR WIRELESS - JOHN MARKER FOR A TELECOMMUNICATIONS FACILITY. THIS PROPERTY IS LOCATED AT 3035 CEDAR CREEK GRADE (ROUTE 622) AND IS IDENTIFIED WITH PROPERTY IDENTIFICA TION NUMBER 61-A-118 IN THE BACK CREEK MAGISTERIAL DISTRICT - APPROVED Zoning and Subdivision Administrator Mark Cheran appeared before the Board on behalf of this application. He advised that this was an application to erect a 120-foot monopolc- commercial telecommunications facility. The property is zoned RA (rural areas) District and is located in the Back Creek magisterial district. There were no adverse comments relative to this application. Zoning Administrator Cheran went on to say that the Planning Commission recommended approval of this application with the following conditions: 1. All Frederick County Zoning Ordinance requirements and review agency comments shall be addressed and complied with at all times. 2. The tower shall be available for co-locating personal wircless services providers. 3. A minor site plan shall be approved by Frederick County. 4. The tower shall be removed by the applicant or property owner within 12 months of abandonment of operation. 5. In the event a telecommunications tower is not erected within 12 months ofthe approval of this conditional use permit, then the CUP will be deemed invalid. 6. A certified engineer shall provide verification that the tower is designed and will be constructed in a manner that, should the tower collapse for any reason, the collapsed tower will be contained in an area around the tower with a radius equal to or lesser than the setback, measured from the center line of the base of the tower. He concluded by saying that representatives from Cingular Wireless were present to answer any questions. Supervisor Van Osten stated that the Winchester Regional Airport recommended that the tower be lighted. Minute Book Number 30 Board of Supervisors Regular Meeting of 02/23/05 360 Zoning Administrator Cheran responded that the Airport was okay with this proposal, as the structure is under 200 feet; however, ifthe Board wantcd the tower lighted then they could make that an additional requiremcnt. Chairman Shickle convened the public hcaring. Carl Nelson, Cingular Wireless, advised that he was present on behalf of the applicant and would be glad to answer any questions relative to this application. Page Huffer, Shentel, advised that she was present in support of this application. Thcre being no further public comments, Chairman Shickle closed the public hearing. Upon a motion by Supervisor Van Osten, seconded by Supervisor Forrester, the Board approved Conditional Use Permit #01-05 with the conditions recommended by staff and the Planning Commission. 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 PUBLIC HEARING - REVENUE SHARING FUNDS, FISCAL YEAR 2005-2006 REOUEST. (RESOLUTION #035-05) THE REVENUE SHARING PROGRAM ALLOWS VDOT TO PROVIDE STATE FUNDS TO MATCH LOCAL FUNDS ON A DOLLAR-FOR-DOLLARBASIS FOR THE CONSTRUCTION, MAINTENANCE, OR IMPROVEMENT OF PRIMARY AND SECONDARY HIGHWAYS. VDOT REPRESENTATIVES AND STAFF HAVE WORKED TOGETHER TO IDENTIFY THE FOLLOWING TRANSPORTATION PROJECTS AS POTENTIAL REVENUE SHARING PROJECTS FOR THIS COMING FISCAL YEAR: CONSTRUCTION OF INVERLEE WAY, A NEW PUBLIC ROAD, FROM THE NORTHERN PORTION OF THE RAVENS SUBDIVISION TO SENSENY ROAD (ROUTE 657) WITH A NEW TRAFFIC LIGHT AND TURN LANES AT SENSENY ROAD (ROUTE 657) - APPROVED Planning Director Eric Lawrence appeared before the Board regarding this item. He advised that this was a request to enter into the VDOT Revenue Sharing Program, which would allow the County to receive State funds outside of its normal allocation. Hc went on to say that this program has been very beneficial in the past. This request was for funding to continue the construction of lnverlee Way. The County was seeking an additional $500,000 match. lnverlee Way, located in the Ravens subdivision, would be a collector road between Route 50 and Senseny Road. Supervisor Tyler asked what was the cost estimate for this project? Minute Book Number 30 Board of Supervisors Regular Meeting of 02/23/05 361 Director Lawrence responded $1.9 million per VDOT cost estimate. Supervisors Dove and Forrester expressed concern over the location of the proposed road, as shown on the maps provided by staff. Director Lawrence responded that the map was for Board information only and would not be submitted with the application. Chairman Shiekle convened the public hearing. There were no public comments. Chairman Shickle closed the public hearing. Upon a motion by Supervisor Forrester, seconded by Supervisor Van Osten, the Board approved the Resolution of Support, Frederick County Board of Supervisors "Revenue Sharing Program" for Fiscal Year 2005-2006. WHEREAS, the County of Frederick desires to submit an application for an allocation of funds up to $500,000 through the Virginia Department of Transportation Fiscal Year 2005-2006, Revenue Sharing Program; and WHEREAS, $500,000 of these funds are requested to fund the construction of lnverlee Way, a new public road, from the northern portion of the Ravens Subdivision, located off of Millwood Pike (Route 50), to Senseny Road (Route 657) with a new traffic light and turn lanes at Senseny Road (Route 657); NOW, THEREFORE, BE IT ORDAINED, the Frederick County Board of Supervisors supports this application for an allocation of up to $500,000 through the Virginia Department of Transportation "Revenue Sharing Program". The above motion was approved by the following recorded vote: Richard C. Shickle Nay 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 PUBLIC HEARING - 2005-2006 CAPITAL IMPROVEMENT PLAN (CIP). (RESOLUTION #036-05) - THE CIP IS A PRIORITIZED LIST OF CAPITAL PROJECTS REOUESTED BY VARIOUS COUNTY DEPARTMENTS AND AGENCIES, TO BE REVIEWED FOR POTENTIAL ALLOCATION IN THE ENSUING FIVE YEAR PERIOD. THE PLAN IS CREATED AS AN INFORMATIONAL DOCUMENT TO ASSIST IN THE DEVELOPMENT OF THE COUNTY'S ANNUAL BUDGET. THE CIP IS AN ADVISORY DOCUMENT: PROJECTS ARE NOT NECESSARILY FUNDED BECAUSE OF THEIR INCLUSION IN THE CIP. - APPROVED Senior Planner Susan Eddy appeared before the Board regarding this item. She began by reviewing the development history of this document beginning with the November 8, 2004 Minute Book Number 30 Board of Supervisors Regular Meeting of 02/23/05 362 Comprehensive Plans and Programs Subcommittee and concluding with tonight's public hearing. She advised that there were 43 projects included in this year's program. Included in the plan were five new projects from Frederick County Public Schools; four new projects from the Department of Parks and Recreation; two projects from the Department of Public Works; and one from the Winchester Regional Airport Authority. She went on to say that there were a number of other projects carried forward from last year. She concluded by noting that a number of citizens attended the November 8, 2005 Comprehensive Plans and Programs Subcommittee; December 15, 2004 Planning Commission; and January 12, 2005 Board of Supervisors meetings speaking in favor of an indoor pool/aquatic facility in Frcdcrick County. Chairman Shickle convened the public hearing. There were no public comments. Chairman Shickle closed the public hearing. Chairman Shickle stated that he believed that the current development process for the Capital Improvement Plan was broken and did not work as it was supposed to. Supervisor Tyler asked why two new Public Works' proj ects wcre included on the plan, even though thc Board did not sec them happening. Administrator Riley advised that both projects have been cut from the budget as it was the County's intent to build a new citizen facility at thc landfill that would lend itself to faster complction and the possibility of longer hours. Supervisor Tylcr stated that she would like to see those projccts struck sincc thcrc was no chancc of them being undertaken next fiscal year. Administrator Riley stated that thc Board could keep thosc projccts on the program with no funding associatcd with thcm. Supervisor Van Ostcn stated that she would like to hear how thc CIP dcvelopment proccss should bc changed. Chairman Shickle stated that some of the people chargcd with the dcvclopment of this plan do not fccllikc thcy havc any ownership of the completed product. Supcrvisor Fishcr statcd that, having been on thc Planning Commission, the Capital Improvements Program is difficult to dcal with and that the process lcavcs something to be desired. Minute Book Number 30 Board of Snpervisors Regnlar Meeting of 02/23/05 363, He thought one way to improve would be better prioritization ofprojects as well as provide a project description. Supervisor Van Osten stated that she thought this was a good document for long range planning as it helped to keep projects on the horizon. There being no further discussion regarding the development process, Supervisor Tyler moved to strike the expansion of the Greenwood Road convenience site and relocation of the Gainesboro convenience site from the 2005-2006 Capital Improvements Plan. The motion died for a lack of a second. Upon a motion by Supervisor Forrester, seconded by Supervisor Van Osten, the Board approved the 2005-2006 Capital Improvements Plan. WHEREAS, the Frederick County Planning Commission held a public hearing on the proposed 2005-2006 Capital Improvements Plan (CIP) for Frederick County on February 2,2005; and WHEREAS, the Frederick County Planning Commission recommended approval of this plan at their regular meeting on February 2,2005; and WHEREAS, the Frederick County Board of Supervisors held a public hearing on this plan during their regular meeting on February 23, 2005; and WHEREAS, the Frederick County Board of Supervisors supports the priorities for capital expenditures contained in the Capital Improvements Plan (CIP) and has determined that the projects contained in the Capital Improvements Plan (CIP) conform to the Frederick County Comprehensive Policy Plan. NOW, THEREFORE, BE IT ORDAINED, by the Frederick County Board of Supervisors as follows: The Frederick County Board of Supervisors hereby approves the 2005-2006 Capital Improvements Plan (CIP) for Frederick County, Virginia. The above motion was approved by the following recorded vote: Richard C. Shickle Nay 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 OTHER PLANNING ITEMS MASTER DEVELOPMENT PLAN - EASY LIVING MOBILE HOME COMMUNITY - APPROVED Planner I David Beniamino appeared before the Board regarding this master development Minute Book Number 30 Board of Supervisors Regular Meeting of 02/23/05 364 plan. He advised that this property is located in the Stonewall District and is zoned MHl (Mobile Home Community) and RA (Rural Areas) Districts. This parcel is also located in the sewer and water service area. The proposed density for this project is 3.4 dwelling units per acre. This project will accommodate 41 mobile home dwelling units. The applicant is proposing to provide recreational amenities in the form of walking trails and a picnic shelter. The applicant also received two waivers from sections l65-3l(C) and 165-81(C) 2 ofthe Frederick County Zoning Ordinance. Waiver # 1 allowed portions of the required riparian buffer to be located in the setbacks for 13 ofthe proposed 41 lots. Waiver #2 would allow the existing private streets to be extended to this new section in order to provide access to a state maintained road. Upon a motion by Supervisor Tyler, seconded by Supervisor Dove, the Board approved Master Development Plan #12-04. 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 RESOLUTION (#037-05) RE: TOWN OF MIDDLETOWN - FORESIGHT MIDDLETOWN LAND USE PLAN - APPROVED Planning Director Eric Lawrence appeared before the Board regarding this item. He advised that Foresight Middletown was a land use and infrastructure plan developed by the Town of Middletown. The Board, at its November 10, 2004 meeting, directed staffto further examine joint planning with the Town of Middletown. The Town is seeking acknowledgment that the proposed northern land uses listed in this plan are acceptable to the County. He concluded by saying that this is an indicator for the Town and not a formal adoption of the plan by the Board. Upon a motion by Supervisor Van Osten, seconded by Supervisor Forrester, the Board approved the following resolution: WHEREAS, the Town of Middletown, with assistance from Herd Planning & Design, Ltd., prepared a land use and infrastructure Plan entitled Foresight Middletown, which received wide community support; and WHEREAS, the Middletown Town Council approved Foresight Middletown at their meeting on August 9, 2004; and Minute Book Number 30 Board of Supervisors Regular Meeting of 02/23/05 365 WHEREAS, the Middletown Town Council at their meeti ng of September 13, 2004 agreed to forward the plan to the Frederick County Board of Supervisors for their consideration; and WHEREAS, the Frederick County Board of Supervisors considered Foresight Middletown at their regular meeting on November 10,2004 and directed staff to further examine joint planning with the Town of Middletown; and WHEREAS, the Middletown Town Council at a meeting of February 7, 2005 requested that the County further consider the land use and design proposals for the lands directly north of Middletown; and WHEREAS, having further considered the plan, the Frederick County Board of Supervisors supports the land use and design policies contained in Foresight Middletown for the Town of Middletown and for the areas north of Middletown identified in the plan as Northern Addition and North Gateway. NOW, THEREFORE, BE IT ORDAINED, that the Frederick County Board of Supervisors hereby finds Foresight Middletown represents sound planning for the Town of Middletown and for the areas identified as the Northern Addition and the North Gateway of Middletown. 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 BOARD LIAISON REPORTS Supervisor Fisherreported on a Department of Environmental Quality visit to the Winchester Regional Airport. He also reported that Director Jones ofthe Sanitation Authority was authorized to study capacity and distribution within the urban development area. The Water Resource Policy Board has asked that the Board of Supervisors write a letter of commendation to the United States Geological Survey for their work in the northern Shenandoah valley. Upon a motion by Supervisor Tyler, seconded by Supervisor Fisher, the Board approved sending the letter of endorsement to the United States Geological Survey. 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 As a follow up to a meeting with Planning and Health Department staff, Supervisor Van Minute Book Number 30 Board of Supervisors Regular Meeting of 02/23/05 366 Osten moved to refer, to the Public Works Committee, a request to examine sewage disposal regulations and the issuance of occupancy permits, with Supervisor Van Osten to attend the meetings of this committee. The motion was seconded by Supervisor Tyler and approved 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 J. Tyler Aye Barbara E. Van Osten Aye CITIZEN COMMENTS Angela Bennett, Shawnee District, appeared before the Board regarding the school budget. She stated that the county continues to grow, but the school budget does not. She went on to say that the proposed increase only covers the increased student growth and does not include the opening ofthe new middle school. She stated that the school board was fiscally responsible last year and had a surplus of $1 million, but the Board of Supervisors took it away and did not fund it this year. She advised that Armel Elementary School was overcrowded and this was not fair to the students. She concluded by asking the Board to fully fund the school's budget. Rachel Brockey spoke highly ofthe education her children were receiving from Frederick County schools. She stated that Virginia was taking a strong and responsible role in providing a quality education for the children. She informed the Board that she had written a letter to each member explaining why the school budget should be funded and she urged each member to read the letter. Pat Grosso, Red Bud District and President of the Frederick County Education Association, expressed her disappointment in the proposed $0.55 tax rate that will be advertised for public hearing. She stated that she was disappointed because the Board knew "full well" that it was not enough to fund the school budget. She stated that the needed funding would not happen as a result of the advertised tax rate. She concluded by saying that "you have not done right by this county". Michele Shannon, Shawnee District, reiterated Ms. Bennett's comments. She advised that the student/teacher ratio at Annel Elementary School is large. She stated that the PTO has raised $20,000 for the school to assist with purchasing supplies, etc. She went on to say that teachers often Minule Book Number 30 Board of Supervisors Regular Meeting of 02/23/05 367 purchase supplies out of pocket. She asked the Board to consider how education will be affected. She concluded by saying that as the County continues to grow so do the educational expenses. BOARD OF SUPERVISORS COMMENTS Supervisor Van Osten reminded the Board of the Community Preparedness Summit to be held from 9:00 a.m - 11 :00 a.m. on Friday, February 25, 2005 in the Board of Supervisors meeting room. ADJOURN UPON MOTION BY SUPERVISOR EWING, SECONDED BY SUPERVISOR FORRESTER, THERE BEING NO FURTHER BUSINESS TO COME BEFORE THIS BOARD, THIS MEETING IS HEREBY ADJOURNED. (8:35 P.M.) I \2 Q Q c...-&...Q Q ~ J.-) Richard C. Shickle Chairman, Board of Supervisors Minutes Prepared By: (/Ie). I ~ ~ '-i:j!. ft....... J;y1. Ti bs Deputy Clerk, Board of Supervisors Minute Book Number 30 Board of Supervisors Regular Meeting of 02/23/05