January 22, 2003 Regular Meeting
414
A Regular Meeting of the Frederick County Board of Supervisors was held on January 22,
2003, 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. Shick1e; Vice Chairman W. Harrington Smith, Jr.; Robert M. Sager;
Margaret B. Douglas; Sidney A. Reyes; Gina A. Forrester; and Lynda J. Tyler.
ABSENT
Administrator John R. Riley, Jr., (out of town, due to meeting).
INVOCATION
The invocation was delivered by Reverend Robert G. Stainback of the Congregational
Christian Fellowship.
PLEDGE OF ALLEGIANCE
ADOPTION OF AGENDA
There were no amendments to the Agenda.
Upon motion made by Supervisor Smith, seconded by Supervisor Forrester, the agenda was
adopted as presented by the following recorded vote:
Richard C. Shick1e - Aye
W. Harrington Smith, Ir. - Aye
Robert M. Sager - Aye
Margaret B. Douglas - Aye
Sidney A. Reyes - Aye
Lynda J. Tyler - Aye
Gina A. Forrester - Aye
CONSENT AGENDA
No tabs for consideration under the Consent Agenda.
CITIZEN COMMENT
No one appeared before the Board.
MINUTES
Upon motion made by Supervisor Sager, seconded by Supervisor Forrester, the minutes of
the worksession, with the Sanitation Authority of October 22,2002, were approved as presented by
the following recorded vote:
Richard C. Shick1e - Aye
W. Harrington Smith, II. - Aye
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415
Robert M. Sager - Aye
Margaret B. Douglas - Aye
Sidney A. Reyes - Aye
Lynda J. Tyler - Aye
Gina A. Forrester - Aye
COUNTY OFFICIALS
RESOLUTION (#034-03) IN HONOR OF PARKS AND RECREATION MEMBER
ROBERT E. ROPER
Supervisor Tyler read the following resolution honoring Robert Roper:
WHEREAS, Robert E. Roper served as a member of the Frederick County Parks and
Recreation Commission representing the Stonewall District from May 1986 to July 2002, and
and
WHEREAS, he held the positions of Chairman and Vice Chairman for a collective ten years,
WHEREAS, he did faithfully serve the citizens of Frederick County with dignity,
dedication, and wisdom, and
WHEREAS, he possessed the highest devotion to duty and was respected and relied upon
by members of the Commission, and
WHEREAS, the Frederick County Board of Supervisors and the Frederick County Parks and
Recreation Commission wish to express sincere appreciation to the Family of Robert E. Roper for
his conscientious service, and
NOW, THEREFORE BE IT RESOLVED that henceforth Ballfield #four at Clearbrook
Park will be named Robert E. Roper Field in acknowledgment of the devotion and tireless efforts
of Robert Roper to the citizens of Frederick County.
BE IT FURTHER RESOLVED that a true copy of this resolution be presented to the
Family of Robert E. Roper;
Resolved this 22 day of January 2003.
Mrs. Roper, along with her daughter and other family members, were present to accept this
resolution. Also present were Tim Sandy, Chairman of the Parks and Recreation Commission,
Director James Doran, Assistant Director Matt Hott and additional Parks and Recreation staff
members.
RANDY JONES OF ROBINSON. FARMER COX ASSOCIATES ADDRESSED THE
BOARD RE: COMPREHENSIVE ANNUAL FINANCIAL REPORT
Randy Jones advised the Board of some changes in this audit report from past years, and
further advised that he felt the audit had gone well.
There were no questions from the Board.
COMMITTEE APPOINTMENTS
There were no committee appointments at this time.
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JOE WILDER, COUNTY CIVIL ENGINEER. PRESENTED PHASE II OF THE
STORMW ATER MANAGEMENT PLAN
Engineer Wilder advised the Environmental Protection Agency (EP A), under the Clean
Water Act, is requiring states to implement Phase II of the Nation's Stormwater Program. The
program requires the Virginia Department of Environmental Quality (DEQ) to issue stormwater
discharge permits to small municipal separate stormwater system (MS4s) located in urbanized area.
The 2000 census has included Frederick County on their list for localities with urbanized areas. He
further advised there are some questions whether or not Frederick County is required to obtain a
stormwater discharge permit. There are some waivers available that may exempt the County from
implementing a program; therefore, staff is in the process of scheduling a meeting with DEQ to
discuss their concerns with these issues.
Supervisor Sager referred to stormwater retention ponds at Greenbrier Subdivision and Bass
Hoover Elementary School, and asked how they could be cleaned up.
Engineer Wilder explained that permits would have to be obtained, along with the necessary
funding, and as far as he knows, there are no funds available for such projects.
Supervisor Forrester advised there are several sites within the County that are having
problems, and she would very much like to see a list of these sites.
Engineer Wilder advised he would follow up with this request.
Supervisor Sager addressed Lake Frederick and the mobile home park that adjoins this
property.
It was the consensus of the Board that this would be looked at again following the closure
of this year's budget cycle in April.
RESOLUTION (#035-03) OF SUPPORT FOR ADDITIONAL GROWTH TOOLS TO
BE FORWARDED TO THE GENERAL ASSEMBLY - APPROVED
Assistant Administrator Kris Tierney advised the Board that at the request of Supervisor
Tyler, staff drafted a resolution for the Board's consideration urging the General Assembly to give
due consideration to pending bills which would grant counties additional authority to deal with the
impacts of residential growth.
Supervisor Tyler advised she would mail to each Board Member a copy of her prepared
statement. She further referred to HB2039 and what was entailed in this bill.
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Supervisor Shickle stated he was reluctant to vote on a Bill that he has not read in its entirety,
and feels what is before the Board tonight is basically generic.
Supervisor Tyler advised that it was basically left generic, so we could support what we have
already endorsed and let them know, send a signal, that localities need help.
Supervisor Sager advised that he would like to see this in writing, that determines what he
is supporting or not supporting.
Supervisor Forrester asked ifthere was a time table on this.
Supervisor Tyler advised she did not know ofthe time table. As far as she knows it is only
being discussed this year, and she doubts that we would even see any action on it.
Supervisor Smith stated the problem is these things get stuck in committee and that is where
it stays. He addressed the House of Delegates and how they have handled the Dillon Rule over the
past several years. He is very annoyed with this and favors doing what is necessary to defeat the
candidates that are not in favor of this at the polls.
Supervisor Tyler moved to approve the resolution as presented in tonight's agenda, with
Supervisor Forrester seconding the motion.
Supervisor Reyes advised he had passed out an amendment to this resolution prior to
tonight's Board meeting, specifically naming all the House and Senate Bills that would provide the
same ideas the Board is looking for. He advised that Supervisor Tyler had advised him prior to the
meeting that all of these bills were combined into House Bill 2039. He does have some concerns
about not knowing everything combined in House Bill 2039.
Supervisor Forrester advised she has a comfort level with the generic statement, as worded
in the original resolution, but not with the modification with the specific House Bill numbers.
The following resolution was approved.
WHEREAS, the population of Frederick County increased from 45,700 in 1990 to over
59,000 in 2000; and,
WHEREAS, along with a steadily increasing population, the county has experienced an
increasing budget for schools and other services coupled with cutbacks in state funding in many
areas; and,
WHEREAS, the fiscal impact of residential growth and the associated services on county
governments throughout the Commonwealth have become increasingly difficult to meet with the
limited growth management tools and sources of revenue available under current state status; and,
WHEREAS, numerous bills have been introduced in the current session of the General
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Assembly which, if enacted, would provide Frederick County and other similarly situated localities
with the ability to enact adequate public facilities' ordinances, impact fees, or provide additional
taxing authority,
NOW, THEREFORE, BE IT RESOLVED, that the Frederick County Board of
Supervisors hereby supports, and urges the due consideration of each of these bills in order that
localities be provided the necessary means to better manage the rate, timing, and costs of residential
growth.
Passed this 22 day of January 2003.
The above motion was approved by the following recorded vote:
Richard C. Shickle - Aye
W. Harrington Smith, Jr. - Aye
Robert M. Sager - Nay
Margaret B. Douglas - Aye
Sidney A. Reyes - Aye
Lynda 1. Tyler - Aye
Gina A. Forrester - Aye
PLANNING COMMISSION BUSINESS
PUBLIC HEARINGS
PUBLIC HEARING - CONDITIONAL USE PERMIT #16-02 OF SHARED
TOWERS. INC./WHITE TAIL LANE TOWER. SUBMITTED BY GREENWAY
ENGINEERING. FOR A TIME EXTENSION TO A PREVIOUSLY-APPROVED
CONDITION ASSOCIATED WITH CUP #22-01 FOR A 195-FOOT-HIGH
LATTICE-TYPE TELECOMMUNICATIONS FACILITY. THIS PROPERTY IS
LOCATED ON WHITE TAIL LANE OFF OF NORTH FREDERICK PIKE (ROUTE
522N) AND IS IDENTIFIED WITH PROPERTY IDENTIFICATION NUMBER 19-A-
27 IN THE GAINESBORO MAGISTERIAL DISTRICT - APPROVED
Planning Director Eric Lawrence presented this request to the Board advising that staff and
Planning Commission recommended approval with conditions.
There was no public comment.
Upon motion made by Supervisor Reyes, seconded by Supervisor Smith, Conditional Use
Permit #16-02 of Shared Towers, Inc. was approved, as presented, by the following recorded vote:
Richard C. Shickle - Aye
W. Harrington Smith, Jr. - Aye
Robert M. Sager - Aye
Margaret B. Douglas - Aye
Sidney A. Reyes - Aye
Lynda 1. Tyler - Aye
Gina A. Forrester - Aye
PUBLIC HEARING - REZONING #08-02 OF BOWMAN/SHOEMAKER.
SUBMITTED BY GREENWAY ENGINEERING. TO REZONE 10.09 ACRES FROM
RA (RURAL AREAS) TO B2 (BUSINESS GENERAL) DISTRICT. THIS
PROPERTY IS LOCATED SOUTH ON FAIRFAX PIKE (ROUTE 277),
APPROXIMATELY 800 FEET EAST OF THE INTERSECTION OF ROUTE 277
AND DOUBLE CHURCH ROAD (ROUTE 641) AND IS IDENTIFIED WITH
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PROPERTY IDENTIFICATION NUMBER 86-A-81 IN THE OPEOUON
MAGISTERIAL DISTRICT - APPROVED
Planner II Jeremy Camp presented this request to the Board advising that staff and Planning
Commission recommended approval.
Director Lawrence gave a quick update of what is on their "plate" at this time and further
advised the Planning Commission would be discussing this item at their retreat scheduled for
February.
Evan Wyatt, with Greenway Engineering, appeared before the Board to advise them ofthe
safe guards with this rezoning request and asked the Board for their favorable consideration.
There was no public comment.
Upon motion made by Supervisor Sager, seconded by Supervisor Smith, rezoning #08-02
of Bowman/Shoemaker was approved, as presented, by the following-recorded vote:
Richard C. Shickle - Aye
W. Harrington Smith, lr. - Aye
Robert M. Sager - Aye
Margaret B. Douglas - Aye
Sidney A. Reyes - Nay
Lynda J. Tyler - Nay
Gina A. Forrester - Nay
OTHER PLANNING ITEMS
REQUEST BY THE FREDERICK COUNTY SCHOOL BOARD FOR FOLLOWING
TWO ITEMS - (1) - PROPOSED FOURTH MIDDLE SCHOOL - SUBSTANTIAL-IN-
ACCORD REVIEW (2) - REOUEST FOR EXTENSION OF PUBLIC UTILITIES TO
SITE - APPROVED
Director Lawrence presented this request to the Board advising the County School Board has
submitted a proposal to establish a fourth Middle School on property along the Route 522 South
corridor. This proposed school would serve the middle school student population in the eastern
portion of the County. In a letter dated December 9, 2002, Administrative Assistant Orndoff
requested the consideration of a Substantial-in-Accord Review, as well as provisions for extending
public water and sewer to the site. He further advised both issues have been reviewed by the
Planning Commission and are now presented to the Board of Supervisors for consideration. He
further advised the Code of Virginia (15.2-2232) requires that the public facility (school) be
substantially in accord with the adopted comprehensive plan; therefore, the proposed school is being
presented to the Planning Commission and the Board of Supervisors for review and determination
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of its conformance with the County's 2000 Comprehensive Policy Plan.
The Planning Commission reviewed the Substantial-in-Accord request during their meeting
on January 15, 2003. A few concerns raised at this time suggested that schools should be located
within the Urban Development Area (UDA) in close proximity to existing residences, and that
existing road conditions should be considered so as not to endanger the student population during
transit to school.
The applicant suggested that the subject site is centrally located to serve the population
concentrations of Stephens City (Tasker Road area) and Senseny Road, and that the existing and
planned transportation networks facilitate efficient vehicular access.
Director Lawrence advised the School Board would need to address the question concerning
the building of a collector road and the site plan.
Supervisor Reyes requested to have Resident Engineer Jerry Copp come forward to answer
questions he had.
Supervisor Reyes advised that Director Lawrence has indicated there is no problem with the
level of service at this time, and basically does not feel this will be a problem in two years. He asked
the Engineer to comment on this.
Engineer Copp advised that typically a two-lane road, this being a five-lane road, typically
we are looking at seven to 8,000 vehicles a day before they go from a two-lane road to a multiple
lane road. Weare currently dealing with 10 to 12,000 vehicles a day; therefore, the County is on a
very low end of what a road, such as the one that is there now, can carry. He feels the road is
designed for and can carry a much heavier volume. He feels very confident, with what he sees now,
that the school will be okay.
Supervisor Sager addressed the traffic heading south, without the benefit of a light, he feels
the County would be taking a risk, and he feels it should be logical to have a light at the location he
referred to on the map.
Engineer Copp replied that would be his vision one day, just as Supervisor Sager pointed
out; however, from a reality stand point can it happen financially, etc., that is another question that
he thinks the school board and the Board of Supervisors would have to ask themselves.
Engineer Copp advised Chairman Shickle that his speculation is that the study will show a
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light will not be required. He further advised his decision is based on the fact that not too further
south of this site another county school is located and there is not a light at that location on Route
522.
Supervisor Forrester asked Engineer Copp ifhe could speculate as to how much of the traffic
was truck traffic.
Engineer Copp replied that he could not.
Superintendent Dean advised he was not certain of the exact time of the analysis.
Nevertheless, he knows they will be the ones paying for that study, as they have in the past, and it
will be fairly comprehensive, and will give certain information dealing with traffic. He further
advised he is not arguing against a light at this location.
Supervisor Douglas asked ifthere had been any traffic problems at Annel School?
Superintendent Dean replied no, not that he was aware of
Supervisor Smith advised that he is not sold on five lane highways.
Dr. Dean stated that he hoped the Board would see that the School Board has gone through
all the various measures required ofthem with respect to the movement ofthis property through the
requirements placed upon them through the Comprehensive review process, given that the Planning
Commission does feel this property is in substantial compliance. Their hope is that the Board will
approve this site. He further advised that the School Board's action this past Monday night is a six-
month delay in their process. This amounts to about a one year delay in the opening ofthe facility.
The School Board will be before the Board in September for their request for funding for their bond
resolution in order to open in 2005. Based upon many factors he feels the property in discussion is
the best choice ofthose they have looked at, or have been allowed to continue considering. He did
advise that delays such as this cost not only the School Board money, but also the Board.
Supervisor Reyes asked Dr. Dean ifthere was any sort of "wiggle room" to look for other
properties? He is concerned this location is not within the UDA.
Dr. Dean replied that properties within the UDA are very scarce, and properties within the
UBA around existing developments are extraordinarily expensive.
Upon motion made by Supervisor Tyler, seconded by Supervisor Smith, the Substantial-in-
Accord Review request was approved by the following recorded vote:
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Richard C. Shick1e - Aye
W. Harrington Smith, Jr. - Aye
Robert M. Sager - Aye
Margaret B. Douglas - Aye
Sidney A. Reyes - Aye
Lynda 1. Tyler - Aye
Gina A. Forrester - Aye
Upon motion made by Supervisor Smith, seconded by Supervisor Douglas, the Request for
Extension of Public Utilities to Site was approved by the following recorded vote:
Richard C. Shickle - Aye
W. Harrington Smith, Jr. - Aye
Robert M. Sager - Aye
Margaret B. Douglas - Aye
Sidney A. Reyes - Aye
Lynda 1. Tyler - Aye
Gina A. Forrester - Aye
BOARD OF SUPERVISORS COMMENTS
Assistant Tierney asked the Board if they were okay with starting the meeting on February
12 at 6:00 P.M.
The Board agreed with this earlier time.
UPON MOTION MADE BY SUPERVISOR SAGER, SECONDED BY SUPERVISOR
SMITH, THERE BEING NO FURTHER BUSINESS TO COME BEFORE THE BOARD,
THIS MEETING IS HEREBY ADJOURNED. (TIME: 8:31 P.M.)
Q-Q---Q L-:~~LL
Richard C. Shickle
Chairman, Board of Supervisors
.BlfiId:
Clerk, Board of Supervisors
.,
Minutes Prepared By: ~ --,: ~ ~
Carol T. Bayliss
Deputy Clerk, Board of Supervisors
Minute Book Number 28
Board of Supervisors Regular Meeting of 01/22/03