HomeMy WebLinkAboutMarch 23, 2005 Regular Meeting
408
A Regular Meeting ofthe Frederick County Board of Supervisors was held on Wednesday,
March 23,2005, 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; Lynda 1. Tyler; and Barbara E. Van Osten.
ABSENT
Gina A. Forrester
CALL TO ORDER
Chairman Shickle called the meeting to order.
INVOCATION
In the absence of a minister, Vice-Chairman Dove delivered the invocation.
PLEDGE OF ALLEGIANCE
Vice-Chairman Dove led the Pledge of Allegiance.
ADOPTION OF AGENDA - APPROVED
County Administrator John Riley advised that he had no additions to the agenda.
Upon a motion by Supervisor Ewing, seconded by Supervisor Tyler, the Board approved the
agenda 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
Aye
Aye
Aye
Absent
Aye
Aye
CONSENT AGENDA
There were no items for thc consent agenda.
CITIZEN COMMENTS
There were no citizen comments.
BOARD OF SUPERVISORS COMMENTS
Therc wcre no Board of Supervisors Comments.
MINUTES-APPROVED
Minute Book Number 30
Board of Supervisors Regular Meeting of 03/23/05
409
The minutes for the March 2, 2005 work session were presented. The Board received a
correction to the minutes prior to the meeting. Upon a motion by Supervisor Tyler, seconded by
Vice- Chairman Dove, the Board approved the corrected minutes 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
Aye
Aye
Aye
Absent
Aye
Aye
Upon a motion by Supervisor Tyler, seconded by Supervisor Ewing, the Board approved the
minutes from the March 9, 2005 Regular meeting 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
COUNTY OFFICIALS
Aye
Aye
Aye
Aye
Absent
Aye
Aye
COMMITTEE APPOINTMENTS
APPOINTMENT OF REBECCA SCOTT -MITCHELL AS FREDERICK COUNTY
REPRESENTATIVE ON THE CHAPTER 10 BOARD TO FILL THE UNEXPIRED
TERM OF LARRY CLARK. - APPROVED
Upon a motion by Supervisor Tyler, seconded by Supervisor Van Osten, the Board appointed
Rebecca Scott-Mitchell as Frederick County representative on the Chapter 10 Board to fill the
unexpired term of Larry Clark, said term to expire December 31, 2006.
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 1. Tyler
Barbara E. Van Osten
Aye
Aye
Aye
Aye
Absent
Aye
Aye
REAPPOINTMENT OF RICHARD Co OURS AS OPEQUON DISTRICT
REPRESENT A TIVE TO THE FREDERICK COUNTY PLANNING COMMISSION -
APPROVED
Upon a motion by Supervisor Ewing, seconded by Supervisor Fisher, the Board reappointed
Richard C. Ours as Opequon District Representative on the Frederick County Planning Commission.
Minute Book Number 30
Board of Supervisors Regular Meetiug of 03/23/05
410
This is a four year term, said term to expire April 7, 2009.
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
Aye
Aye
Aye
Absent
Aye
Aye
BARBARA VAN OSTEN APPOINTED AS FREDERICK COUNTY
REPRESENTATIVE TO THE SHENAIR LOCAL GOVERNMENT STEERING
COMMITTEE - APPROVED
Upon a motion by Vice-Chairman Dove, seconded by Supervisor Tyler, the Board appointed
Barbara Van Osten to serve as Frederick County Reprcsentative on the SHENAIR Local
Government Steering Committee.
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 1. Tyler
Barbara E. Van Osten
Aye
Aye
Aye
Aye
Absent
Aye
Aye
RESOLUTION (#043-05) OF THE BOARD OF SUPERVISORS DECLARING ITS
INTENTION TO REIMBURSE ITSELF FROM THE PROCEEDS OF A
FINANCING FOR CERTAIN COSTS OF PUBLIC SAFETY FACILITIES -
APPROVED
Administrator Riley advised that the design team was ready to commence with the design
phase of the public safety building project. There are three review points: 35%, 65%, and 95%
design completion. He stated that staff would like the Board to appropriate money to begin the
design phase of this project and requested a partial appropriation of the $500,000 cost with staff to
come back at each point to request additional funding to pay for each phase with the total amount
not to exceed $500,000.
Upon a motion by Supervisor Ewing, seconded by Supervisor Van Osten, the Board
approved the Resolution Declaring Its Intention to Reimburse Itself from the Proceeds of a
Financing for Certain Costs of Public Safety Facilities and Authorizing Execution of the
Comprehensive Agreement Between the County of Frederick, Virginia and Howard Shockey &
Sons, Inc.
Minute Book Number 30
Board of Supervisors Regular Meeting of 03/23/05
4 11
Supervisor Van Osten moved to amend the resolution to include the appropriation of35%
of the $500,000 cost for design ofthe proposed Public Safety Building with approval ofthe design
to be considered at the 35% phase. The motion was seconded by Supervisor Tyler
The above motion was approved by the following recorded vote:
Richard C. Shiekle
Gary W. Dove
Bill M. Ewing
Gene E. Fisher
Gina A. Forrester
Lynda 1. Tyler
Barbara E. Van Osten
Aye
Aye
Aye
Aye
Absent
Aye
Aye
The Board of Supervisors of Frederick County, Virginia (the "County") has determined that
it may be necessary or desirable to advance money to pay the costs of designing public safety
facilities (the "Project") and for ownership ofthe Project design.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF
FREDERICK COUNTY, VIRGINIA:
1. The Board of Supervisors adopts this declaration of official intent under Treasury
Regulations Section 1.150-2.
2. The Board of Supervisors reasonably expects to reimburse advances made or to be made
by the County to pay the costs of designing and owning the Project from the proceeds
of its debt or other financings. The maximum amount of debt or other financing
expected to be issued for the design of the Project is $500,000 and a maximum amount
of debt or other financing expected to be issued for ownership ofthe project is $100,000
for a total of $600,000 to be reimbursed.
3. The Board of Supervisors appropriates 35% ofthe $500,000 for design ofthe proposed
Public Safety Building with approval ofthe design to be considered at the 35% phase.
4. The Board of Supervisors authorizes the County Administrator to execute, on behalf of
the County, the Comprehensive Agreement between the County of Frederick, Virginia,
and Howard Shockey & Sons, Inc.
5. This resolution shall take effect immediately upon its adoption.
The amended motion approving the amended resolution of intent was approved by the
following recorded vote:
Richard C. Shiek1e
Gary W. Dove
Bill M. Ewing
Gene E. Fisher
Gina A. Forrester
Lynda 1. Tyler
Barbara E. Van Osten
Aye
Aye
Aye
Aye
Absent
Aye
Aye
RESOLUTION (#044-05) RE: ACCEPTANCE OF BIDS FROM THE SALE OF
DECLARED SURPLUS PROPERTY, LOCATED AT THE INTERSECTION OF
WARRIOR DRIVE AND CHURCHILL DRIVE, FREDERICKTOWNE
SUBDIVISION - APPROVED
Minute Book Number 30
Board of Supervisors Regular Meetiug of 03/23/05
412
Administrator Riley advised these lots were created when Warrior Drive was constructed.
The Board held a public hearing at its February 9,2005 meeting to receive public input on declaring
these parcels surplus property. Staff advertised these lots for sale and received two bids. It is staff's
recommendation that the bids be accepted as submitted.
Upon a motion by Supervisor Ewing, seconded by Supervisor Van Osten, the Board
approved the resolution accepting the bids, as indicated:
WHEREAS, the construction of Warrior Drive created surplus property situate at the
intersection of Warrior Drive and Churchill Drive identified as Lot 33 and Lot 44, Fredericktowne
Estates subdivision; and
WHEREAS, at the January 12,2005 Regular Meeting the Board of Supervisors approved
a public hearing to declare said property surplus; and
WHEREAS, this Board held said public hearing at its February 9, 2005 and following the
hearing voted to declare the property surplus and that it be sold at a public sale; and
WHEREAS, the County advertised these properties for sale by way of the sealed bid
process; and
WHEREAS, one bid was received for each of these two lot.
NOW, THEREFORE BE IT RESOLVED, that the Frederick County Board of Supervisors
does hereby accept the following bids for each parcel:
Lot 33
Lot 44
James and Debra Sanders
Mark and Kristyn Dudrow
$10.00
$15.00
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 1. Tyler
Barbara E. Van Osten
Aye
Aye
Aye
Aye
Absent
Aye
Aye
STATUS REPORTS ON WATER A V AILABILITY STUDIES BEING CONDUCTED
BY USGS FOR THE FREDERICK COUNTY SANITATION AUTHORITY AND
THE GREATER REGION (lNFORMA nON ONLY)
The Frederick County Sanitation Authority provided the following letter to the Board for
inclusion in the record:
The Frederick County Sanitation Authority Board of Directors would like to thank and commend
the Frederick County Board of Supervisors for their foresight. By providing funding for the initial
United States Geological Survey study of the carbonate aquifer system in Frederick County, you set
the stage for a multi disciplinary study that has grown to six counties in two states in the Shenandoah
Valley. Other areas are joining the program that now attracts world class scientists from the US
government who bring their own funding to the effort.
Minute Book Number 30
Board of Supervisors Regular Meeting of 03/23/05
413.
These studies incorporate many scientific aspects, including geologic, hydrologic, ecologic, and
cartographic data from previous work as well as ongoing programs. A series of comprehensive
computer models of the flow system will be developed that will serve as the focal point for
characterizing the ground-water-t1ow system. Ground water-flow models will be developed at the
local (square mile), sub-regional (IO's of square miles), and regional (IOO's of square miles) scale
to assess the flow system. When complete, the models will be documented and published for future
use by interested stakeholders within the study area. The findings of this study can be incorporated
into the ongoing deliberations of the Regional Water Policy Resources Committee (RWRPC) and
provide a more solid basis for their recommendations.
Good data and science are the cornerstones for properly managing our water resources to meet the
future needs of this region.
COMMITTEE REPORTS
FINANCE COMMITTEE REPORT - APPROVED
The Finance Committee met in the First Floor Conference Room at 107 North Kent Street
on Wednesday, March 16, 2005 at 8 :00 a.ill. Items 6, 7, 8, 10 and 11 were approved under consent
agenda. Committee member Ron Hottle was absent.
Upon a motion by Supervisor Ewing, seconded by Supervisor Tyler, the Board approved
items 6, 7, 8, 10, and 11 under consent agenda.
The above motion was approved by the following recorded vote:
Richard C. Shiekle
Gary W. Dove
Bill M. Ewing
Gene E. Fisher
Gina A. Forrester
Lynda J. Tyler
Barbara E. Van Osten
Aye
Aye
Aye
Aye
Absent
Aye
Aye
1. The County Administrator requests a General Fund budget transfer in the amount of
$30.000. This amount is needed to cover legal expenses through the end of the fiscal year. No
additional local funds are needed. See attached memo, p. 1. The committee recommends approval. -
Approved.
Upon a motion by Supervisor Ewing, seconded by Supervisor Van Osten, the Board
approved the above request 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
Aye
Aye
Aye
Absent
Aye
Aye
2. The Commonwealth's Attorney requests a General Fund supplemental appropriation in
the amount of $6.500. This amount represents funding approved by the Compensation Board to
purchase office equipment. Ofthis amount, $4,187.30 will be reimbursed by the state and $2,312.70
will be local funding. See attached memo, p. 2-3. The committee approved the appropriation of
$4,187.30 with the remainder being absorbed by the Commonwealth Attorney budget. - Approved.
Minute Book Number 30
Board of Supervisors Regular Meeting of 03/23/05
414
Upon a motion by Supervisor Ewing, seconded by Vice-Chairman Dove, the Board approved
the above request 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
Aye
Aye
Aye
Absent
Aye
Aye
3. The Public Works Director requests a General Fund supplemental appropriation in the
amount of$22.575. This amount is needed to fund part-time help and to hire a full-time Inspector
II and a full-time Office Assistant III. These two new positions are included in the FY 2005-2006
budget request for the Inspections Department. These funds represent the amount needed for the
remainder of the current fiscal year. See attached memo, p. 4-5. The committee recommends
approval. - Approved.
Upon a motion by Supervisor Ewing, seconded by Supervisor Tyler, the Board approved the
above request 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
Aye
Aye
Aye
Absent
Aye
Aye
4. The Fire and Rescue Directorrequests a General Fund supplemental appropriation in the
amount of $201. 797 .14. This amount represents a 2004 Homeland Security Grant which will be
reimbursed to the county once 70% ofthe 2003 Homeland Security Grant has been expended. See
attached memo, p. 6-12. The committee recommends approval. - Approved.
Upon a motion by Supervisor Ewing, seconded by Supervisor Van Osten, the Board
approved the above request by the following recorded vote:
Richard C. Shickle
Gary W. Dove
Bill M. Ewing
Gene E. Fisher
Gina A. Forrester
Lynda 1. Tyler
Barbara E. Van Osten
Aye
Aye
Aye
Aye
Absent
Aye
Aye
5. The Fire and Rescue Director requests a General Fund budget transfer in the amount of
$110.200. This amount is needed to cover anticipated overtime expcnses for the remainder of the
fiscal year. This amount is being transferred from various personnel line items. No additional local
funds are needed. See attached memo, p. 13-14. The committee recommends approval. Committee
member Gary Lofton voted against this request. The committee also requested additional
information regarding overtime. - Approved.
Upon a motion by Supervisor Ewing, seconded by Supervisor Tyler, the Board approved the
above request by the following recorded vote:
Minute Book Number 30
Board of Supervisors Regular Meeting of 03123/05
Richard C. Shickle
Gary W. Dove
Bill M. Ewing
Gene E. Fisher
Gina A. Forrester
Lynda J. Tyler
Barbara E. Van Osten
415
Aye
Nay
Aye
Aye
Absent
Aye
Aye
6. The Sheriff requests a 1) a General Fund supplemental appropriation in the amount of
$2.603.19 which represents the department's share in recent drug forfeitures and is requested to be
appropriated to Other Operating Supplies; and 2) a General Fund supplemental appropriation in the
amount of $5.274.30 which represents the department's share in recent drug forfeitures and is
requested to be appropriated to State Forfeited Property. No additional local funds arc needed. See
attached memo, p. 15. The committee recommends approval. - Approved Under Consent Agenda.
7. The Parks and Recreation Director requests a Gencral Fund supplemental aporooriation
in the amount of$45.000. This amount represents funds needed to provide a NFL professional level
instructional youth football camp and celebrity basketball game. This event is expected to profit
$7,000 for the county. No local funds are needed. See attached memo, p. 16. The committee
recommends approval.- Approved Under Consent Agenda.
8. The Planning Directorrequests a General Fund supplemental appropriation in the amount
of $100.000. This amount represents proffer funds received to disburse to VDOT to improve the
intersection of Route 277 and Stickley Drive. No additional local funds are needed. See attachcd
memo, p. 17. The committee recommends approval. - Approved Under Consent Agenda.
9. The Jail Administrator requests ]) a Jail Fund suoolemental aoorooriation in the amount
of$250.000 for anticipated inmate medical expenses; 2) a Jail Fund supplemental aoorooriation in
the amount of $20.000 for anticipated water and sewer expenses; and 3) a Jail Fund suoolemental
aoorooriation in the amount of$158.000 to fund an increased number of inmates being housed at
other institutions. See attached memo, p. 18. The committee recommends approval contingent upon
Jail Board approval. - Approved.
Upon a motion by Supervisor Ewing, seconded by Supervisor Van Osten, the Board
approved the above request 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
Aye
Aye
Aye
Absent
Aye
Aye
10. The Regional Airport Director requests an Airport Fund supplemental appropriation in
the amount of $340.600. This amount represents the purchase of additional jet fuel. This expense
is offset by the sale of this jet fuel. No additional local funds are needed. See attached memo, p.
19-20. The committee recommends approval. - Approved Under Consent Agenda.
11. The Lord Fairfax Soil and Water Conservation District requests a General Fund
supplemental appropriation in the amount of$14.374. This amount represents the hiring of a full-
time and a part-time position for the remainder ofthis fiscal year. The county is payroll fiscal agent
for this agency and is reimbursed from the state for salaries and fringes of the employees. No
additional local funds are needed. See attached memo, p. 21. The committee recommends approval.
- Approved Under Consent Agenda.
12. Lord Fairfax Community College requests a General Fund supplemental appropriation
Minute Book Number 30
Board of Supervisors Regular Meeting of 03/23/05
416
in the amount of $417,000. This amount is needed for site development assistance for the new
Workforce Development Community Center. Additional local funds are necessary. See attached
memo, p. 22. The committee postponed this item awaiting further information. - No Action Taken.
***For Information Only***
1. Attached is a letter from the President of the Industrial Parks Association regarding
budget concerns. See attached letter, p. 23. It was the committee's consensus to have the writer of
this letter present his concerns at next month's Finance Committee meeting.
2. The Finance Director is providing a report on fund balance. See attached, p. 24.
PLANNING COMMISSION BUSINESS
PUBLIC HEARINGS
PUBLIC HEARING - CONDITIONAL USE PERMIT #25-04 OF DEAN A. HARVEY
FOR A COTTAGE OCCUPATION - OFFICE USE AND OFF PREMISE BUSINESS
SIGN. THESE PROPERTIES ARE LOCATED AT 4784 FRONT ROYAL PIKE
(ROUTE 522 SOUTH) AND ARE IDENTIFIED WITH PROPERTY
IDENTIFICATION NUMBERS 94A-I-II-4A (COTTAGE OCCUPATION) AND 94A-
1-2-7 (OFF PREMISE SIGN) IN THE OPEOUON MAGISTERIAL DISTRICT.-
APPROVED
Planner I David Beniamino appeared before the Board regarding this item. He stated that
this was an application for a conditional use permit for a cottage occupation - office use for home
renovation business and an off-premise business sign for the proposed cottage occupation. This
property is zoned RA (Rural Areas) and is located in the Opequon Magisterial District. There were
no adverse agency comments relative to this application. He advised that staff does not support a
sign larger than that required under the ordinance. He concluded by saying that the Planning
Commission recommended approval of this conditional use permit with the following conditions:
1. Applicable to PIN 94A-I-II-4A, all review agency comments and requirements shall be
complied with at all times.
2. No more than five customers at anyone time on site.
3. Any proposed business sign shall conform to cottage occupation sign requirements and
shall not exceed four square-feet in size.
4. No more than one employee vehicle and one company vehicle will be parked on site at
anyone time.
5. Any expansion or modification shall require approval of a new conditional use permit.
Applicable to PIN 94A-I-2-7, the following conditions are recommended for the off-premise sign:
1. Sign shall not exceed four square-fcct in area, per Section 165-30(H)2 of the Frederick
County Zoning Ordinance.
2. The sign shall only be utilized in association with the cottage occupation on PIN 94A-l-
11-4A.
Minute Book Number 30
Board of Supervisors Regular Meetiug of 03/23/05
417
3. Before this sign may be constructed, a sign permit shall be obtained from the Frederick
County Building Official.
Dean Harvey, applicant, informed the Board that he was concerned about the size of the sign
and felt that a larger sign was needed so it could bc seen from the road.
Vice-Chairman Dove asked if the parking requirement was enough for the site.
Mr. Harvey responded that he could live with it.
Chairman Shickle convened the public hearing.
There were no public comments.
Chairn1an Shickle closed the public hearing.
Upon a motion by Supervisor Ewing, seconded by V ice-Chairman Dove, the Board approved
Conditional Use Permit #25-04 with the conditions stipulated.
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 1. Tyler
Barbara E. Van Osten
Aye
Aye
Aye
Aye
Absent
Aye
Aye
OTHER PLANNING ITEMS
MASTER DEVELOPMENT PLAN #03-05 OF WHITEHALL COMMERCE
CENTER. - APPROVED
Planner II Candice Perkins appeared before the Board regarding this item. She statcd that
this was a master development plan for proposed commercial and industrial uses located on a 112.27
acre site. The property is zoned B2 (Business General) and Ml (Industrial, Light) and is located in
the Stonewall Magisterial District. She advised that there was concern about the southern
commercial entrance. The applicant should implant a median to deter any left turns. She concluded
by saying that the applicant had complied with the Public Works Department recommendations.
Ron Mislowsky, Patton, Harris, Rust, & Associates, appeared before the Board on behalf of
the applicant. He stated that VDOT would determine the type of median and if they want one
installed then the applicant would install one. IfVDOT did not want one then the applicant would
not install one.
Upon a motion by Supervisor Tyler, seconded by Vice-Chairman Dove, the Board approved
Minute Book Number 30
Board of Supervisors Regular Meeting of 03/23/05
418
Master Development Plan #04-05.
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
Aye
Aye
Aye
Absent
Aye
Aye
MASTER DEVELOPMENT PLAN #04-05 OF KERNSTOWN COMMONS. -
APPROVED
Planner II Candice Perkins appeared before the Board regarding this item. She stated that
this was a master development plan for proposed commercial uses located on property at the
southeast corner ofthe intersection of Route 11 and Route 37, in the Shawnee Magisterial District.
She then reviewed the outstanding issues relative to this plan:
I. Route 11 should have a landscaped/planted median. Tfthe median is removed then the
plan is not in conformance with the Comprehensive Plan.
2. The number of interstate overlay signs should be limited to one and that other signs on
the site be monument signs.
3. The loading area at the rear of the site should be screened from Interstate 81.
4. The applicant is working with VDOT on an access break. Staff does not support the
right in/right out access.
Planner II Perkins concluded by saying that incorporation ofthe vision of the Comprehensive Plan
into the Master Development Plan is important.
Vice-Chairman Dove asked if the Interstate Overlay District allows only one sign.
Planner II Perkins responded that the applicant is only asking for one overlay sign and they
are permitted have only one overlay sign.
Ron Mislowsky, Patton, Harris, Rust, & Associates, advised that the applicant anticipated
coming back to the Board to request a waiver to allow commercial lots to be served by a private
road, if the property is to be subdivided. With regard to access, the applicant would construct the
main entrance only, but would develop others ifVDOT allowed (e.g. a right in/right out entrance
at the Route 37 on/off ramp). With regard to the median issue, Me. Mislowsky stated that the issue
is moving the cars on Route 11 north over enough to allow a landscaped median. If it could
accommodate the cars on a north bound trip then the applicant would provide a grass median.
Minute Book Number 30
Board of Supervisors Regular Meeting of 03/23/05
419
Engineer Lloyd Engram, VDOT, advised that VDOT was looking at a single entrance for
the site. They arc also looking at vehicle trips per day to see ifthe entrance can handle thc amount
of traffic. He went on to say that he could not address the issue of two entrances until an access
break is granted. That request must go through the Commonwealth Transportation Board.
Supervisor Tyler asked why the Board would not want to grant the private street waivcr at
this point.
Planning Dircctor Eric Lawrence responded that the request has not been made, but it would
bc appropriate for the Board to grant, since it is a Board decision.
Supervisor Tyler asked Mr. Mislowsky if the applicant was looking at subdividing the lot.
Mr. Mislowsky responded yes.
Director Lawrence stated that there were no issues with the waiver.
Supcrvisor Fisher moved to preliminarily approve Master Development Plan #04-05 subject
to the four issues raised by staff being addressed: landscaped median, signagc, VDOT's concern
with existing entrance, and screening along 1-81. Tfthese issues cannot be resolved, then the staff
will bring this plan back to the Board.
The motion was seconded by Supervisor Ewing.
The Board discussed the private street waiver.
Supervisor Van Osten moved to amend the motion to approve thc waiver to permit the
commercial lots to be served by private streets.
The motion was seconded by Supervisor Tyler.
The motion to amend thc original 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
Aye
Aye
Aye
Absent
Aye
Aye
The motion to approvc Master Development Plan #04-05 was approved as amended 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 03/23/05
420
L_______
Gina A. f orrester
Lynda J. Tyler
Barbara E. Van Osten
Absent
Aye
Aye
Supervisor fisher stated that there appeared to be a water easement to property to the south
of this project; however, per a meeting with the applicant, no "stub out" is located there.
DISCUSSION ON RA (RURAL AREAS) IMPLEMENTATION STRATEGIES -
PLANNING COMMISSION RECOMMENDATION APPROVED
The Board received a recommendation from the Planning Commission to allow the Ad Hoc
Committee, the Planning Commission, Staff, and other interested parties to be given 30 days to
review and groom the Rural Areas Study recommendations which are on the table and report back
to the Board of Supervisors.
Upon a motion by Vice-Chairman Dove, seconded by Supervisor Van Osten, the Board
approved the Planning Commission's recommendation.
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
Aye
Aye
Aye
Absent
Aye
Aye
BOARD LIAISON REPORTS
Supervisor Van Osten informed the Board that a Purchase of Development Rights workshop
would be held on April 19th from 9:00 a.m. - 1:30 p.m. at the Augusta County Government Center
and she planned to attend. The Preparedness Summit was held this past Monday with 20
organizations represented. The group will be meeting again to discuss ways to collaborate.
Chairman Shickle asked ifthe group could provide the Board with a list of areas of concern.
Supervisor fisher reported that the Airport Authority approved a resolution of intent to lease
the property for the proposed public safety building.
CITIZEN COMMENTS
There were no citizen comments.
BOARD OF SUPERVISORS COMMENTS
Vice-Chairman Dove asked about the Metropolitan Planning Organization's recent vote
rcgarding Routc 37.
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Board of Supervisors Regular Meeting of 03/23/05
421
Chairman Shickle responded that it was shown that when six lanes were added to Route 7
there would be no benefit to extending Route 37.
ADJOURN
UPON A MOTION MADE BY SUPERVISOR EWING, SECONDED BY
SUPERVISOR TYLER, THERE BEING NO FURTHER BUSINESS TO COME BEFORE
THIS BOARD, THIS MEETING IS HEREBY ADJOURNED. (8:20 P.M.)
\L-C~ '-'~~~
Richard C. Shickle
Chairman, Board of Supervisors
~ri4 -
JJh R.Riley,Jr.!
Clerk, Board of Supervisors
Minutes Prepared By: C1a ~ [''-1, f J?-~
Jay E1Ti s
Deputy Clerk, Board of Supervisors
Minute Book Number 30
Board of Supervisors Regular Meeting of 03/23/05