July 10, 2007 (1)

July 10, 2007 The Regular Meeting of the Rockingham County Board of Supervisors was held on Tuesday, July 10, 2007, at 3:00 p.m. at the Rockingham County Administration Center, Harrisonburg, Virginia. The following members were present: CHARLES W. AHREND, Election District #2 DEE E. FLOYD, Election District #3 WILLIAM B. KYGER, JR., Election District #4 MICHAEL A. BREEDEN, Election District #5 The following member was absent: PABLO CUEVAS, Election District #1 Also present: JOSEPH S. PAXTON, County Administrator THOMAS H. MILLER, JR., County Attorney STEPHEN G. KING, Deputy County Administrator JAMES L. ALLMENDINGER, Director of Finance WENDELL J. EBERLY, Director of Recreation & Facilities WARREN G. HEIDT, Director of Public Works FRANKLIN P. O’BYRNE, Information Systems Director STEPHEN R. RIDDLEBARGER, Director of Human Resources DIANA C. STULTZ, Zoning Administrator ROBERT A. SYMONS, Fire & Rescue Chief WILLIAM L. VAUGHN, Director of Community Development TAMELA S. GRAY, Legal Assistant DONALD F. KOMARA, Residency Administrator

Virginia Department of Transportation

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CALL TO ORDER PLEDGE OF ALLEGIANCE INVOCATION. Chairman Kyger called the meeting to order at 3:00 p.m.

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Administrator Paxton led the Pledge of Allegiance, and Vice-Chairman Floyd gave the Invocation. oooooOooooo APPROVAL OF MINUTES.

On motion by Supervisor Ahrend, seconded by Supervisor Floyd and carried by a vote of 4 to 0, voting recorded as follows: AHREND - AYE; BREEDEN - AYE; CUEVAS - ABSENT; FLOYD – AYE; KYGER - AYE; the Board approved the Minutes of the Meeting held on June 27, 2007.

oooooOooooo TRANSPORTATION DEPARTMENT.

The Board heard Mr. Komara's report on the activities of the Transportation Department.

Supervisor Ahrend questioned whether developers are

providing money to help with the Switchboard Road improvements. Mr. Komara indicated the end of Switchboard Road they are currently working on will not receive funding from developers. Mr. Komara would like to improve Switchboard Road all the way through and if so, developers will help fund improvements at the other end of the road.

Supervisor Floyd noted a gully-washing rain washed

across Shen Lake Drive, creating a big ditch and washing out driveways. VDOT will work with Shelby Hertzler in Community Development on this matter, including Woods Road. Supervisor Floyd questioned whether Shen Lake Drive is on the paving scheduling. Mr. Komara responded that it is scheduled to be repaved next year.

Chairman Kyger expressed the need for a left turn lane

on Cross Keys Road for people heading north toward Spotswood Trail and entering the new F & M Bank. Vehicles going to Spotswood Trail have to wait behind the car(s) turning left or get off the right shoulder of the road to pass the turning vehicle.

Mr. Komara will provide Administrator Paxton with a

draft of the No Through Trucks Resolution. oooooOooooo

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CONSIDERATION – TIMBERVILLE ANNEXATION AGREEMENT.

Deputy County Administrator King displayed a map showing the proposed areas to be annexed by the Town of Timberville. Administrator Paxton explained that Area C which consists of Legion Hills was added to the immediate annexation area and Area D which contains two farms will be deferred. Since neither farmer is interested in their property being annexed or in receiving urban services, this area will not be annexed for 10 years and then only if the owners agree. No water or sewer will be supplied to that area for 10 years or until it is annexed, unless the County agrees.

The Annexation Agreement originally was to become

effective July 1, 2007. When the original annexation agreement was entered, property could only be annexed on June 30 or December 31 of each year for property tax purposes. The state statutes have been revised to allow annexation at any time, but the County requests annexations become effective on the first day of a month for ease in property tax calculations.

Administrator Paxton noted that Supervisor Cuevas

concurs with the revised agreement. If it is approved today, the Timberville Town Council will meet next week to approve the revised agreement and anticipates making the annexation effective August 1, 2007.

On motion by Supervisor Ahrend on behalf of Supervisor

Cuevas, seconded by Supervisor Breeden and carried by a vote of 4 to 0, voting recorded as follows: AHREND - AYE; BREEDEN - AYE; CUEVAS - ABSENT; FLOYD – AYE; KYGER - AYE; the Board accepted the following Annexation Agreement:

THE COUNTY OF ROCKINGHAM

AND THE TOWN OF TIMBERVILLE

ANNEXATION AGREEMENT AMENDMENT

THIS AGREEMENT is made and entered into this ___ day of _________, 2007, by and between Rockingham County, Virginia, a political subdivision of the Commonwealth of Virginia (“County”), and the Town of Timberville, Virginia, a municipal corporation of the Commonwealth of Virginia (“Town”).

RECITALS:

A. On April 14, 1999, the County and the Town entered into an Annexation Agreement setting forth the rights and obligations of the parties with regard to the Town’s annexation of land as described in the Annexation Agreement.

B. The parties now desire to enter into an Amendment to the Annexation Agreement and agree as follows:

1. The Timberville Annexation Zone (TAZ) which includes both Amended Annexation Area and Growth Area shall be expanded to include the areas shown in Exhibit 1 and

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designated as Areas A, B, C, and D. Plats of Areas A, B, C, and D are attached as Exhibits 2, 3, 4, and 5.

2. Areas A, B, and C shall be designated as Amended Annexation Areas.

3. Area D shall be designated as a Growth Area. 4. Area D shall not be annexed by the Town for 10 (10) years

from the date of this Amendment unless agreed to in writing by the Town and the County.

5. The Town shall not extend water and sewer services to Area D without the written consent of the County.

6. Any annexation ordinance(s) adopted by the Town shall provide for an effective date of the first day of any month designated by the Town following adoption.

C. All other provisions of the Annexation Agreement shall remain in full force and effect, subject to the provisions of the Amendment.

WITNESS the following signatures and seals:

COUNTY OF ROCKINGHAM

By _____________________________ Chairman, Board of Supervisors ATTEST: _______________________ County Administrator

TOWN OF TIMBERVILLE

By _____________________________ Mayor

ATTEST: _______________________ Clerk

oooooOooooo COUNTY ADMINISTRATOR’S STAFF REPORT.

The Board received and reviewed Administrator Paxton’s staff report dated July 6, 2007, including information concerning water source, Timberville annexation, landfill permit, Administrative Center expansion and SRI project.

Staff met with Lantz Construction Company regarding

the Administration Center expansion and very few changes were recommended. We should receive an updated construction schedule on Tuesday. We anticipate breaking ground the first of October and taking nine months for

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construction, completing the project by the first of July, 2008.

The SRI Project is moving forward. JMU, SRI, the

County and Rural Development will meet with Congressman Goodlatte to explore financing options through Rural Development.

Administrator Paxton received an email from Robin

Sullenbarger at Shenandoah Valley Partnership regarding a letter from Governor Kaine requesting that the County look at a proposed realignment whereby the County would consolidate with the Charlottesville and Albemarle County area to create a Workforce Investment Board. Mr. Sullenbarger suggests that the region continue to run along the I-81 corridor (from Roanoke to Winchester) rather than across the mountain. Chairman Kyger indicated another possibility would be to bring Charlottesville/Albemarle into the Shenandoah Valley, Winchester and Roanoke areas. This would be a way to link three major research universities through a triangle approach.

On motion by Supervisor Floyd, seconded by Supervisor

Ahrend and carried by a vote of 4 to 0, voting recorded as follows: AHREND - AYE; BREEDEN - AYE; CUEVAS - ABSENT; FLOYD – AYE; KYGER - AYE; the Board authorized the County Administrator to send a letter to Daniel LeBlanc, Senior Advisor to Governor for Workforce, expressing the County’s support for an alignment plan along the I-81 corridor.

----- Administrator Paxton requested a Closed Session be held at the end of the meeting to discuss the Mt. Crawford annexation. oooooOooooo COUNTY ATTORNEY’S STAFF REPORT.

County Attorney Miller did not have a written staff report. Mr. Miller has found things to be in very fine shape and anticipates a seamless transition.

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DEPUTY COUNTY ADMINISTRATOR’S STAFF REPORT.

Deputy County Administrator King did not have a written staff report. He continues to work on the SRI project and Administration Center addition.

oooooOooooo FINANCE DIRECTOR’S STAFF REPORT.

Finance Director Allmendinger did not have a written staff report. A proposed amendment to the Fiscal Year 2006-2007 budget will be advertised in the Daily News Record for a public hearing at 7:00 p.m. on July 25, 2007. The amendment is to appropriate funds for the Comprehensive Services Act. A public hearing for the City of Harrisonburg portion of this proposed amendment will be held tonight (July 10, 2007). The supplemental appropriation is approximately $900,000 and $310,000 is local funds. When this is completed, the actual additional local money compared to last year with the supplemental will be $206 thousand for the County and $295 thousand for the City.

oooooOooooo PUBLIC WORKS DIRECTOR’S STAFF REPORT.

The Board received and reviewed Public Works Director Heidt’s staff report dated July 10, 2007, including information concerning the schedule for Penn Laird Drive and Water Tower Road sewer (approximately 2500 linear feet of sewer line has been installed to date, project on schedule); McGaheysville WWTP (final design contract for the force main awarded to Olver Incorporated); Phase III/IV Landfill expansion (installation of rain cap about 70% complete); Three Springs Water system; Pleasant Run Sewer Interceptor and Water Supply Line; Lilly Gardens; City of Harrisonburg Waste to Energy Plant; Landfill Pro-Forma Study & Landfill Gas Utilization Feasibility Study (SCS Engineers will provide presentation to the Board of Supervisors on both of these activities at noon on August 8, 2007); Montevideo Water Booster Station Emergency Generator and Transfer Switch; and Highland Park and Belmont Sewage Lift Stations.

Chairman Kyger noted that the regional sewer project

cost continues to increase (up from $48 thousand to $82 thousand). Administrator Paxton indicated there are few companies to perform this work and all localities need to make upgrades which is resulting in the increase, but fortunately we are further along in the process than some

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other localities. Mr. Heidt stated bids will be going out soon. Normally there are about 6-8 projects of this magnitude in process at any given time, and currently there are about 60 projects in Virginia.

Supervisor Breeden questioned whether anyone has

connected to the Penn Laird Sewer Authority yet. Mr. Heidt indicated the work is not completed on this project. Mr. Heidt reported we are just getting started on the Pleasant Run sewer line and a lot of trees need to be cleared. oooooOooooo COMMUNITY DEVELOPMENT DIRECTOR'S STAFF REPORT.

The Board received and reviewed Community Development Director Vaughn's staff report dated July 10, 2007, including information concerning priority projects underway, development activity report, Planning Commission recommendation, Board of Zoning Appeals, summary of upcoming requests, and tabled requests. Mr. Vaughn is assembling the packets for distribution to NACo attendees that ride our bus to Jamestown. Dr. Hess and his wife, Nancy, will be the host and hostess on our bus. Great Eastern contributed half-price tickets to the water park. Contributions were also made by JMU, Coors and the City of Harrisonburg Visitor’s & Convention Bureau. oooooOooooo REZONING REQUEST REMOVED FROM THE TABLE.

On motion by Supervisor Floyd, seconded by Supervisor Breeden and carried by a vote of 4 to 0, voting recorded as follows: AHREND - AYE; BREEDEN - AYE; CUEVAS - ABSENT; FLOYD – AYE; KYGER - AYE; the Board removed from the table RZ06-21, rezoning request of Stanley R. Shifflett, c/o Ron Oleyar, 3317 Lanier Lane, Massanutten, to rezone 26.35 acres from A2 (General Agricultural) to MH1-C (Manufactured Home Park) on tax parcels 160(A)68 and 68E. The site is located south of Black Rock Road (Route 661) approximately 1,400 feet east of Augusta Avenue (Route 340 in the Town of Grottoes) in Election District #3. (This request was tabled by the Board on May 23, 2007.)

The following conditions and proffers are made part of the rezoning application: 1. Construction and leasing of lots for the placement of manufactured and on-frame

modular homes will be phased over a six-year period: fifteen lots per calendar year for the first five years and eight lots in the sixth year, totaling 83 lots.

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2. Municipal water and sewer services will be provided and served to all home sites. 3. All manufactured and on-frame modular homes must meet strict standards for a new-

like appearance and comply with all Rockingham County requirements. 4. Each lot will contain four parking spaces, providing plenty of overflow parking. 5. At least 80% of the lots constructed during each phase will be occupied by on-frame modular or manufactured homes that are two-story, double-sized or larger.

6. Lots will be landscaped with bushes, trees and evergreens to add esthetic value.

7. School bus stops will be provided in two locations along State Route 661, pursuant to

approval by Rockingham Public Schools.

8. Storm water retention and water quality control will be provided in accordance with Virginia State and Rockingham County standards.

Mr. Floyd stated he had quite a few initial reservations about this project and there was some misconception about how far it would extend toward the Town. Once these were cleared up, he has no other real objections. On motion by Supervisor Floyd, seconded by Supervisor Ahrend and carried by a vote of 4 to 0, voting recorded as follows: AHREND - AYE; BREEDEN - AYE; CUEVAS - ABSENT; FLOYD – AYE; KYGER - AYE; the Board approved RZ06-21, rezoning request of Stanley R. Shifflett, c/o Ron Oleyar to rezone 26.35 acres from A2 (General Agricultural) to MH1-C (Manufactured Home Park) on tax parcels 160(A)68 and 68E. oooooOooooo INFORMATION SYSTEMS DIRECTOR’S REPORT. The Board received and reviewed Information Systems Director O’Byrne's staff report dated July 5, 2007, including information concerning various projects including Permit and Parcel software implementation, Regional Jail In-car Camera System, Internet Service Provider changeover, installation of new equipment at the Regional Jail, and computers for new employees. oooooOooooo FIRE AND RESCUE CHIEF’S STAFF REPORT. The Board received and reviewed Chief Symons’ staff report dated July 3, 2007, including information concerning personnel, activities in Training Division, Prevention

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Division activities, Public Education, and Emergency Medical Office.

Cody McCoy, representing Massanutten Technical Center, placed 2nd in the National Skills USA competition in Kansas City, and was within tenths of points of winning the competition. We will formally recognize Cody for his outstanding accomplishment at the July 25, 2007 Board of Supervisors meeting.

Fire & Rescue recently hired several new employees.

Rockingham County Department of Fire & Rescue, Harrisonburg Fire Department, and Waynesboro Fire Department will conduct a 7-week long joint Recruit School.

Chairman Kyger noted that for the first time in

history we received 100% participation from the local fire & rescue departments on their reports which qualify us for financial assistance for volunteers. Administrator Paxton noted that he and Mr. Riddlebarger are studying compensation for County employees and will recommend changes to the County’s pay structure. Fire and rescue is a troubling area as we train employees and then lose them to localities that pay a higher rate. This study will be conducted for other positions, not just fire & rescue. We often have to pay new employees substantially above the minimum range of their pay scale. Chairman Kyger suggested that the County and City continue to look for ways to share positions which would be more efficiently utilized by both jurisdictions and possibly allow us to be more competitive in our pay scale. Supervisor Breeden noted that a year ago we looked at a disaster fund through Don Driver for Big Run but no one was able to perform the work. He asked if we could revisit that, assuming funds are still available. Administrator Paxton indicated we may need to replenish the fund. Chief Symons noted that we just finished the Beldore project which exceeded budget. Administrator Paxton, Chief Symons and Finance Director Allmendinger will look into this matter. oooooOooooo RECREATION & FACILITIES DIRECTOR’S STAFF REPORT. The Board received and reviewed Recreation and Facilities Director Eberly’s staff report dated July 5, 2007, including information concerning facilities and recreation programs. Mr. Eberly noted that the County employee picnic on July 1 was very successful. Human Resources and Recreation staff worked on the picnic, which was held at the West

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Rockingham Ruritan Park with approximately 400 people in attendance. Elkton Little League is hosting a Girl’s Softball State Tournament next weekend that the County will help support. Administrator Paxton noted that since the district courts building renovation two years ago, we have been struggling to balance the heating and cooling system. A damper was added to bring the temperature down. Thanks to Mr. Eberly and his staff for resolving this issue. oooooOooooo HUMAN RESOURCES DIRECTOR’S REPORT. The Board received and reviewed Human Resources Director Riddlebarger’s staff report dated July 10, 2007, concerning health insurance and dental insurance. On motion by Supervisor Ahrend, seconded by Supervisor Floyd and carried by a vote of 4 to 0, voting recorded as follows: AHREND – AYE; BREEDEN - AYE; CUEVAS - ABSENT; FLOYD - AYE; KYGER - AYE; the Board agreed to extend the contract with the County’s current carrier, Southern Health Services, Inc. The negotiation process resulted in an overall premium increase of 3.0%, the lowest adjustment in the past six years. The County will return to the previous vision benefit of $175 per year for glasses and/or contact lenses. Several years ago the vision benefit was changed to provide a benefit of $200 every two years for glasses and/or contact lenses. This created an administrative recordkeeping problem for Southern Health and caused confusion for employees.

The following shows the new premiums for each coverage type: Employees hired before 9/1/96: Type of Coverage Employee Premium County Premium Total Premium Employee Only $ 0.00 $376.38 $376.38 Employee & Spouse $185.72 $628.84 $814.56 Employee & Child $151.02 $511.36 $662.38 Employee & Family $273.84 $812.82 $1,086.66 Employee hired after 9/1/96: Type of Coverage Employee Premium County Premium Total Premium Employee Only $ 44.04 $332.34 $376.38 Employee & Spouse $219.94 $594.62 $814.56 Employee & Child $178.84 $483.54 $662.38 Employee & Family $318.38 $768.28 $1,086.66

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DENTAL INSURANCE In regard to dental insurance, Mr. Riddlebarger reported that United Concordia submitted a proposed 5.81% increase in the current rates; however, staff negotiated no increase in premiums for this coming plan year. Employees pay 100% of the cost of the dental insurance. The rates are as follows: Employee Monthly Premiums: Type of Coverage Monthly Premium Employee Only $25.98 Employee & Spouse $48.34 Employee & Child $48.34 Employee & Family $76.48 Mr. Riddlebarger noted that staff is working with Southern Health to determine whether the County wishes to remain fully-insured or become self-insured which would save money but add risk. Mr. Riddlebarger was not prepared to address the funding mechanisms at this time. Supervisor Ahrend questioned what percentage of employees participate in the dental plan. Mr. Riddlebarger indicated 30% of eligible employees, combined between the County and Schools, participate. oooooOooooo COMMITTEE REPORTS. The Board heard committee reports from Board members and staff. AUTOMOBILE COMMITTEE

At the request of Chairman Kyger, on motion by Supervisor Floyd, seconded by Supervisor Ahrend and carried by a vote of 4 to 0, voting recorded as follows: AHREND – AYE; BREEDEN - AYE; CUEVAS - ABSENT; FLOYD - AYE; KYGER - AYE; as recommended by the Automobile Committee, the Board authorized the purchase of a Chevrolet Impala from State Contract, at a price of $14,776, with funds to be appropriated from the Social Services District Fund reserve. This mid-sized vehicle will be used for the County Transportation Program in order to transport the increasing number of persons who have difficulty getting in and out of vans.

FINANCE COMMITTEE

On motion by Supervisor Ahrend, seconded by Supervisor Breeden and carried by a vote of 4 to 0, voting recorded as follows: AHREND – AYE; BREEDEN - AYE; CUEVAS - ABSENT; FLOYD – AYE; KYGER - AYE; the Board approved an increase in

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the fees for explosives and fireworks permits, to be in line with the statewide fire prevention code, as follows:

Permit Type Current Fee Proposed Fee Explosives Storage $50.00 $100.00 per magazine Explosives Use $20.00 per use $150.00 per year Fireworks Sales $50.00 $150.00 per sales

location Fireworks Display $50.00 $150.00 per event

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On motion by Supervisor Ahrend, seconded by Supervisor Breeden and carried by a vote of 4 to 0, voting recorded as follows: AHREND – AYE; BREEDEN - AYE; CUEVAS - ABSENT; FLOYD – AYE; KYGER - AYE; the Board approved the following Finance Committee recommendation:

As requested by Social Services, approved a supplemental appropriation for the FY 2006-2007 budget in the amount of $71,000 to aid families with dependant children foster care (AFDC) in the County. The entire amount is federal and state funded requiring no local match.

Supplemental Appropriation: $71,000

$35,500 GL Code: 220-02401-0100 Public Assistance State $35,500 GL Code: 220-03303-0100 Public Assistance Federal $71,000 GL Code: 220-05302-100-5705-000 AFDC Foster Care

VACo LIAISON COMMITTEE The National Association of Counties (NACo) annual conference will be held in Richmond this weekend. CHAIRMAN

Chairman Kyger stated recent news has focused a lot of attention on farming. The County and local agribusiness is very fragile to an Avian flu outbreak as an entire industry and funding stream of the County could be at stake. All but one poultry company in the area are owned by outside companies and while a flu outbreak may not greatly impact those companies, if we lost the poultry industry it could be financially devastating for growers and impact the livelihood of many people in the Valley.

Other communities have plans to react to catastrophic

events in order to mitigate problems. He suggested that Rockingham County start to design a plan. Someone such as Dr. Purcell at Virginia Tech may have already developed an economic plan in case of an agricultural catastrophe which we can utilize and build upon. Our goal would not be to save the poultry industry but to support growers through the initial crisis.

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Administrator Paxton said disaster plans have been discussed in the past and he plans to revisit this issue in January with staff and the Board. He stated we first need to understand our liability (determine where our real risk is and what the impact might be). We need to know what large businesses greatly impact the County and what we would do if they closed or moved. He stated it would be impossible to plan for Katrina-type disasters but the Board has done a good job of encouraging diversity of business sectors in our area to buffer us against one industry having a tough time. The Board’s interest should be on how to sustain an appropriate level of service to the community if a large sector were removed. The Board has set aside a certain amount of reserves in the past but a new SAS 112 Accounting Board Standard will require us to formalize procedures and policies to set aside a certain percentage of our finances and not allow our debt to exceed more than a certain percentage of our operation. The Board will address this over the next year. oooooOooooo CLOSED MEETING.

On motion by Supervisor Ahrend, seconded by Supervisor Floyd and carried by the following vote: AHREND – AYE; BREEDEN – AYE; CUEVAS – ABSENT; FLOYD - AYE; and KYGER – AYE; the Board recessed the meeting from 4:18 p.m. to 4:47 p.m., in accordance with State Code Sections 2.2-3711(A)(7) for consultation with legal counseling and briefing by staff related to annexation by the Towns of Dayton and Mt. Crawford, and Section 2.2-3711(A)(7) for consultation with legal counsel regarding suit related to Upper Valley Regional Park Authority.

At 4:47 p.m., Chairman Kyger called the meeting back to order and the following motion was adopted. MOTION: SUPERVISOR AHREND RESOLUTION NO: 07-13 SECOND: SUPERVISOR FLOYD MEETING DATE: JULY 10, 2007

CERTIFICATION OF CLOSED MEETING

WHEREAS, the Rockingham County Board of Supervisors has convened a Closed Meeting on this date pursuant to an affirmative recorded vote and in accordance with the provisions of The Virginia Freedom of Information Act; and WHEREAS, Section 2.2-3712 of the Code of Virginia requires a certification by this Board of Supervisors that such Closed Meeting was conducted in conformity with Virginia law. NOW, THEREFORE, BE IT RESOLVED that the Rockingham County Board of Supervisors hereby certifies that, to the

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best of each member’s knowledge, (i) only public business matters lawfully exempted from open meeting requirements by Virginia law were discussed in the Closed Meeting to which this certification resolution applies; and (ii) only such public business matters as were identified in the motion convening the Closed Meeting were heard, discussed or considered by the Board of Supervisors. VOTE: AYES: AHREND, BREEDEN, FLOYD, KYGER NAYS: NONE ABSENT: CUEVAS oooooOooooo APPOINTMENTS. On motion by Supervisor Ahrend, seconded by Supervisor Breeden and carried by a vote of 4 to 0, voting recorded as follows: AHREND – AYE; BREEDEN - AYE; CUEVAS - ABSENT; FLOYD - AYE; KYGER - AYE; the Board appointed Tamela S. Gray and Gretchen M. Sallah to serve as Deputy Clerks during Dottie L. Bowen’s medical absence.

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RECESS FOR DINNER. At 4:48 p.m., Chairman Kyger declared the meeting recessed for dinner.

oooooOooooo

PUBLIC HEARING – SPECIAL USE PERMITS.

At 7:00 p.m., Chairman Kyger called the regular meeting back to order and declared the meeting open for a public hearing on the following special use permit requests. Ms. Stultz reviewed the background on each request.

S07-24 Dutch Way LLC, 27 White Picket Trail, Mt. Crawford for a fencing display area on property located on the southwest side of S. Valley Pike (Route 11) and White Picket Trail (private), Election District #4, Zoned M1. Tax Map #137C-(1)-1.

The applicant was present to answer questions.

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There was no opposition expressed.

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S07-25 Gary W. Sandridge, 116 East Point Road, Elkton for a second residence on property located on the northeast side East Point Road (Route 602) and Spotswood Trail (Route 33), Election District #5, Zoned A2. Tax Map #129-(A)-46.

The applicant was present to answer questions.

There was no opposition expressed.

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S07-27 4 JWK Land, LLC, 7819 War Branch Road, Harrisonburg for auction sales on property located on the northeast side of Whitmore Shop Road (Route 613) and Rawley Pike (Route 33), Election District #2, Zoned B1. Tax Map #91-(A)-23.

The applicant was present to answer questions.

Terri O’Roark said she and her husband live beside this property. They do not like the large machinery parked beside their fence, additional vehicles (someone backed into their fence) and hay flying around. Her husband sleeps during the day and will be disturbed by the noise. This opens the door for JWK Land to expand. Route 33 is already busy. The value of their property will decrease. G & W Ambulance is already on this property; Ms. O’Roark indicated they have been a good neighbor and she and her husband would like it to stay that way.

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S07-28 Heartland Health Clinic, PO Box 702, Dayton, for a clinic service on property located on the south side of Ottobine Road (Route 257) approximately 2600 feet west of John Wayland Highway (Route 42), Election District #4, Zoned A2. Tax Map #123-(A)-23C.

Leroy Rhodes, representing several Mennonite Church groups, stated they have been working on a plan for a clinic facility for over a year. Mennonites are cash-paying customers and they may be paying more than their share for healthcare services. This clinic will provide normal healthcare needs and will not compete with the neighboring healthcare facilities. They will cooperate with local and state regulations, permits, etc., and they place a high priority on being good neighbors.

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Jody Meyerhoeffer, representing his mother Betty Jo Meyerhoeffer who owns land next to the proposed site, stated they are not opposed to this project but are concerned about additional water runoff onto his mother’s field which is in agricultural use. Mitch Moore indicated he is not opposed to the project philosophically and is not sure if he is opposed otherwise or not but has questions regarding the letter and diagram mailed to him. He also has heard rumors about what will transpire on the property. The diagram shows sixty parking spaces which indicates to him it will be a fairly large facility. He would like to know the size of the building, number of stories, amount of outdoor lighting, number of employees, type of healthcare to be provided and kind of other offices to be included. Chairman Kyger stated the proposed building is 50’ x 86’ with two floors and will provide many healthcare needs for the Old Order Mennonite community. This will be a central place to consolidate services, particularly since many Mennonites travel via horse and buggy. Regarding lighting, a condition can be put in the permit that down focus lighting is required. The entrance to the facility will need to meet VDOT standards and be wide enough for emergency vehicles. Mr. Kyger thought there would be a small number of employees but deferred to Leroy Rhodes. Mr. Rhodes said initially there will be one doctor, one dentist and one midwife. Mitch Moore noted that the County just spent money for a buggy lane. Since this road is narrow he is concerned there will be a potential for more accidents with the horses and buggies. Additionally, the Town of Dayton rezoned 8 acres last night that seem perfect for this clinic rather than building it on A-2 land. The Board of Supervisors turned down another use for this land previously. Chairman Kyger stated the County received T-21 (safety) funding for the buggy lanes and will receive an extension of the grant for more buggy lanes on Route 257 from Route 42 to Montezuma. However it will take some time to finalize this process and put in the lanes. Mr. Kyger noted that the proposed site is coming off land currently owned by the Old Order community who are extremely concerned about the use of farm land. Several years ago there was another special use permit request for this land that was turned down.

Mike Diehl stated there may be a valid need for this facility but he does not think this is an appropriate site since it is between six residences and on agricultural land. There is commercial property on Routes 257 and 42 that he believes would be more

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conducive. He also understands there was a similar request for a healthcare facility on this property in the last ten years that was denied. He would like to know the reason it was denied because this may still be a valid reason today. Brian Suter stated he and his wife support the idea but are opposed to the site. The entrance would go through their property causing them loss of usage. There was not a sufficient line of site for the previous proposal and additional traffic will make it dangerous for neighborhood children. They believe the clinic will decrease the value of their property. He also expressed concern about the lighting since their home is down hill from the proposed clinic. Mitch Moore stated he is opposed to the site. The Mennonite community holds a vast amount of land and there should be a better site adjacent to 257 or 42 without having to tuck this clinic back behind homes. Since 8 acres were rezoned by Dayton last night, it seems there is a willing party there. He hopes another site can be found for the clinic.

----- At 7:35 p.m., Chairman Kyger closed the public hearing and called the regular meeting back to order.

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At the request of Chairman Kyger, on motion by Supervisor Ahrend, seconded by Supervisor Breeden and carried by a vote of 4 to 0, voting recorded as follows: AHREND – AYE; BREEDEN - AYE; CUEVAS - ABSENT; FLOYD - AYE; KYGER - AYE; subject to the following conditions, the Board approved S07-24, request of Dutch Way LLC, 27 White Picket Trail, Mt. Crawford for a fencing display area on property located on the southwest side of S. Valley Pike (Route 11) and White Picket Trail (private), Election District #4, Zoned M1.

(1) The use shall be located in substantial accordance with plot plan as approved by the

Board of Supervisors. (2) This permit is contingent upon a site plan being submitted to and approved by the

County. No permits shall be issued by the Department of Community Development and no work shall be done on the property until such time as a site plan is approved.

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With removal of the condition indicating neither residence shall be used for rental purposes, on motion by Supervisor Breeden, seconded by Supervisor Floyd and carried by a vote of 4 to 0, voting recorded as follows:

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AHREND – AYE; BREEDEN - AYE; CUEVAS - ABSENT; FLOYD - AYE; KYGER - AYE; subject to the following conditions, the Board approved S07-25, Gary W. Sandridge, 116 East Point Road, Elkton for a second residence on property located on the northeast side East Point Road (Route 602) and Spotswood Trail (Route 33), Election District #5, Zoned A2.

(1) The use shall be located in substantial accordance with plot plan as approved by the

Board of Supervisors. (2) Residence shall comply with the Virginia Uniform Statewide Building Code, and

the proper permits shall be obtained. (3) This permit is contingent upon applicant obtaining a sewage disposal system permit

from the Health Department. A copy of said permit shall be presented to the Community Development Department prior to deed exception approval.

(4) An entrance permit shall be obtained from VDOT’s Harrisonburg Residency and shall be submitted to the Community Development Department prior to issuance of permits.

(5) This residence shall not be occupied until a certificate of occupancy is issued from the County. No certificate of occupancy shall be issued until all other conditions of this permit are met.

----- Supervisor Ahrend asked the applicant, Tom Weaver, how many sales he has a year. Mr. Weaver noted he conducts 2 sales a month/24 a year. Mr. Weaver also stated that VDOT parks their equipment on his lot frequently. A VDOT employees asked Mr. Weaver if they needed to fix the fence Ms. O’Roark mentioned and Mr. Weaver told the employee to contact the neighbor. The lot is also used by people traveling from West Virginia and local people as a meeting spot to park their vehicles and ride together. Supervisor Ahrend told Ms. O’Roark he sympathizes with her but a sale is only held twice a month.

On motion by Supervisor Ahrend, seconded by Supervisor Breeden and carried by a vote of 4 to 0, voting recorded as follows: AHREND – AYE; BREEDEN - AYE; CUEVAS - ABSENT; FLOYD - AYE; KYGER - AYE; subject to the following conditions, the Board approved S07-27, JWK Land, LLC, 7819 War Branch Road, Harrisonburg for auction sales on property located on the northeast side of Whitmore Shop Road (Route 613) and Rawley Pike (Route 33), Election District #2, Zoned B1. (1) The use shall be located in substantial accordance with plot plan as approved by the

Board of Supervisors. (2) The office shall comply with the Virginia Uniform Statewide Building Code, and

the proper permits shall be obtained. (3) As required by VDOT, all ingress and egress must occur at the current commercial

entrance on Whitmore Shop Road. No ingress and egress for parking is permitted at the adjacent lot to the north of the commercial entrance.

(4) VDOT reserves the right to require future entrance upgrades should conditions warrant.

(5) This permit is contingent upon a site plan being submitted to and approved by the County. No permits shall be issued by the Department of Community Development and no work shall be done on the property until such time as a site plan is approved.

(6) Off-street parking shall comply with the Rockingham County Code, and there shall be no parking permitted on State right-of-way.

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(7) On-premise advertising sign shall comply with the Rockingham County Code, and a permit shall be obtained for any sign.

(8) There shall be no off-premise signs allowed unless all County and VDOT requirements for outdoor advertising signs are met.

(9) The Health Department states that there can be no increase of usage of the existing septic systems. Portable toilets may be used for these auctions. However, the toilets shall be relocated behind the main building on the property.

----- Chairman Kyger noted that several legitimate questions were raised in regard to the Heartland Health Clinic request which may bring the zoning ordinance into question. At the request of Chairman Kyger, on motion by Supervisor Ahrend, seconded by Supervisor Floyd and carried by a vote of 4 to 0, voting recorded as follows: AHREND – AYE; BREEDEN - AYE; CUEVAS - ABSENT; FLOYD - AYE; KYGER - AYE; the Board tabled S07-28, Heartland Health Clinic, PO Box 702, Dayton, for a clinic service on property located on the south side of Ottobine Road (Route 257) approximately 2600 feet west of John Wayland Highway (Route 42), Election District #4, Zoned A2, for further research and study by staff. oooooOooooo ADDITIONAL FINANCE COMMITTEE REQUEST. Supervisor Ahrend stated he should have brought up a request from the Library under the Finance Committee report earlier. The Skyline Literacy Coalition group would like to put a meeting room in the Massanutten Regional Library. The City of Harrisonburg is contributing $7,000 to $8,000 toward this project and they would like the County to contribute matching funds to complete the project. On motion by Supervisor Ahrend, seconded by Supervisor Floyd and carried by a vote of 4 to 0, voting recorded as follows: AHREND – AYE; BREEDEN - AYE; CUEVAS - ABSENT; FLOYD - AYE; KYGER - AYE; the Board approved a one-time contribution of up to $8,000 to the Massanutten Regional Library for a meeting room for the Skyline Literacy Coalition. Funding will come from the contingency account. oooooOooooo PUBLIC HEARING – AMENDMENT TO FY 2006-07 BUDGET.

At 7:42 p.m., Chairman Kyger declared the meeting open for a public hearing on a proposed FY2006-2007 Budget Amendment to appropriate funds to complete services for the

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Comprehensive Services Act and for permanent financing for the new Montevideo area elementary school. There were no requests to speak on this matter.

----- At 7:43 p.m., Chairman Kyger closed the public hearing and called the regular meeting back to order.

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On motion by Supervisor Breeden, seconded by Supervisor Ahrend and carried by a vote of 4 to 0, voting recorded as follows: AHREND – AYE; BREEDEN - AYE; CUEVAS - ABSENT; FLOYD - AYE; KYGER - AYE; as recommended by the Finance Committee, the Board adopted the Proposed Amendment to the Fiscal Year 2006-2007 Budget. The purpose of the amendment is to appropriate funds to complete services for the Comprehensive Services Act and for permanent financing for the new Montevideo area elementary school as follows:

Proposed Amendment

Fiscal Year 2006-2007 Adopted Budget

Revenue: Harrisonburg-Rockingham Social Services District Fund Revenue from the Commonwealth $ 437,749 Share of Costs – City of Harrisonburg $ 269,210 $ 706,959 General Fund Proceeds from Permanent Loan $11,104,598 School Capital Projects Fund Transfer from General Fund $11,104,598 Expenditure: Harrisonburg-Rockingham Social Services District Fund Comprehensive Services Act $ 706,959 General Fund Transfer to School Capital Projects $11,104,598 School Capital Projects Fund Building Construction $11,104,598 oooooOooooo

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ADJOURNMENT. At 7:44 p.m., Chairman Kyger declared the meeting adjourned. oooooOooooo ________________________,

Chairman