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February 12, 2003 Regular Meeting 431 A Worksession/Regular Meeting ofthe Frederick County Board of Supervisors was held on February 12, 2003, at 4:45 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 W. Harrington Smith, Jr.; Robert M. Sager; Margaret B. Douglas; Sidney A. Reyes; Gina A. Forrester; and Lynda J. Tyler. County Finance Committee Members Butler, Wilkins, Hottle, Orndoff, and Murphy were also present. CALL TO ORDER Chairman Shickle was not present at the start ofthe worksession; therefore, Vice Chairman Smith called the worksession to order. (Chairman Shickle arrived at approximately 4:50 P.M.). Administrator Riley advised the Board ofthe General Fund Budget Highlights as spelled out in their notebooks prepared by Finance Department Director Shiffler and staff. He further referred to the Tab that addresses the Impact of State Cuts advising twenty-two positions will not be funded, along with thirteen Fire and Rescue positions. Administrator Riley presented the following four Funding Scenarios: Scenario I - 10 cent real estate tax increase. Scenario 2 - 12-cent real estate tax increase. Scenario 3 - IS-cent real estate tax increase. Scenario 4 - 18-cent real estate tax increase. Supervisor Sager questioned how would these scenarios affect the GIS Program? Administrator Riley advised some of this is on hold due to the lack of office space at this time; therefore, it would not be considered a major setback. Supervisor Sager further inquired about the volunteers with Fire and Rescue and how this would impact them. Administrator Riley advised their retirement payments were scheduled to start on July 1, 2003. Supervisor Sager asked if County employees were scheduled for any type of pay raise? Administrator Riley explained there were three different personalized benefit programs being Minute Book Number 28 Board of Supervisors Budget Worksession and Regular Meeting of 02112/03 432 looked into that could possibly be presented to the employees for their review and decision on which they prefer. Supervisor Reycs asked about cost ofliving increase and whether that carries on year after year? Vice Chairman Smith advised he is opposed to closing Gainesboro school, and will not vote for it to be closed. He further inquired about thc cost per school bus, and felt it was excessive. Assistant Cleaver advised these buses are larger and considered transit, they are larger than your regular school buses, and thus the reason for the higher cost. Supervisor Sager questioned the vehicle request within the Sheriffs Department. Administrator Riley explained ten were requested this year and five are being funded and that SheriffWilliamson is okay with this. Supervisor Forrester asked what happens if thirteen positions with Fire and Rescue are not funded? Administrator Riley advised this is a coverage issue. It is to help reduce overtime. Supervisor Reyes advised he had attended the annual Fire & Rescue Banquet at Reynolds Firc Department at which time Director DuBrueler advised of what Frederick County could be looking at should something happen in Washington, D.C. due to our current World situation. Supervisor Tyler asked Commissioner ofthe Revenue Murphy what effect it would have on her office if the position she has requested of "Data Collector" is not funded? Commissioner Murphy advised this position would be bringing revenue to the County. Chairman Shickle asked Board members to speak now ifthey had any additional ideas, and if not, to please give Administrator Riley a call as soon as possible due to time constraints. Supervisor Sager advised that he would like to see the full request of vehicles replaced within the Sheriffs Department. He does not feel, given the world situation, that this is the time to be eliminating positions within the Sheriffs and Fire and Rescue Departments. Ifthey cannot be fully funded then it should be at least in part. Administrator Riley advised it has been discussed about the flexibility of putting a charge for these services, in other words, a fee for the service received. Supervisor Forrester stated she would like to see a fee charge implemcnted. Minute Book Number 28 Board of Supervisors Budget Worksession and Regular Meeting of 02/12/03 433 Administrator Riley advised Roanoke does this, and some of their staff appeared before one of the Fire and Rescue meetings to explain and educate the members on how this works. Supervisor Tyler advised with the Sheriff and Fire and Rescue, we need to step up to the plate and get these funded. Supervisor Douglas stated there is a need for Fire and Rescue funding. Finance member Butler asked ifthis was done with the City of Winchester? Administrator Riley replied yes, and also Clarke County. Supervisor Forrester asked about additional funding for schools and how this compares to last years'? Superintendent of Schools Dr. William Dean advised approximately $ 3 million. They can provide this information to the Board. Supervisor Forrester stated that she would like to compliment two different offices for the job they did when they were asked to do a scenario of zero. The Treasurer's Office, Mr. Orndoff who came up with some very innovative ideas, and she appreciates that in particular, that was great, and also the Public Works Department. Everyone did a great job, but she thought the creativity and innovative was outstanding with these two. Administrator Riley advised the Board that those things are not offthe table; however, they cannot be done between now and the public hearing date of the budget. Administrator Riley asked the Board ifthey would like to discuss any ofthis further with the Finance Committee at their next meeting on February 19? It was the consensus of the Board this would be a good time. END OF BUDGET WORKSESSION. REGULAR MEETING - CALL TO ORDER - (6:00 P.M.) INVOCATION The invocation was delivered by Reverend Philip Roby, of Amazing Grace Fellowship. PLEDGE OF ALLEGIANCE ADOPTION OF AGENDA Administrator Riley advised Tab G, CUP #02-03 of Timothy E. Felty for a Dog Kennel, has been pulled, and will be rescheduled. He further advised a Rail Transportation Development Minute Book Number 28 Board of Supervisors Budget Worksession and Regular Meeting of 02/12/03 434 Authority Resolution has been added for the Board's consideration. Upon motion made by Supervisor Smith, seconded by Supervisor Sager, the agenda was adopted as amended 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 J. Tyler - Aye Gina A. Forrester - Aye CONSENT AGENDA There were no items under consent agenda. MINUTES Upon motion made by Supervisor Sager, seconded by Supervisor Forrester, the minutes of the worksession with the Frederick County School Board of October 30, 2002 were 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 Upon motion made by Supervisor Smith, seconded by Supervisor Reyes, the minutes ofthe worksession with VDOT Re: MPO, and Rustic Roads of October 30, 2002 were 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 J. Tyler - Aye Gina A. Forrester - Aye Upon motion made by Supervisor Smith, seconded by Supervisor Douglas, the minutes of the Regular Meeting of November 13, 2002, were 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 J. Tyler - Aye Minute Book Number 28 Board of Supervisors Budget Worksession and Regular Meeting of 02/12/03 435 -,,- 'l Gina A. Forrester - Aye COUNTY OFFICIALS BOY SCOUT TROOP #107 FROM GAINESBORO DISTRICT RECOGNIZED BY BOARD Scout Master Chuck Rumsey and members of Boy Scout Troop #107 appeared before the Board to be recognized. This is done in conjunction with the scouting program and receiving their Citizenship Badge. BOARD COMMITTEE ASSIGNMENTS FOR 2003 (CONTINUED FROM JANUARY 8. 2003 BOARD MEETING) Chairman Shickle advised the Board that the remaining Board committee assignments would remain the same as last year with the exception of the Planning Commission. He and Supervisor Tyler will share this responsibility on alternate months. Other Board members have offered to assist when needed. He further advised that Supervisor Tyler, Administrator Riley, and he would be serving on the Metropolitan Planning Organization (MPO). The other assignments are as follows: Supervisor Douglas - Extension Leadership Council Supervisor Reyes - Fire and Rescue Association and Handley Regional Library Board Chairman Shickle - Industrial Development Authority and Planning Commission Alternate. Supervisor Forrester - Sanitation Authority. Supervisor Tyler - Parks and Recreation Commission, and Planning Commission Alternate. COMMITTEE APPOINTMENTS RALPH BLOOM APPOINTED TO COUNTY TRANSPORTATION COMMITTEE AS REPRESENTATIVE OF THE TOWN OF MIDDLETOWN Upon motion made by Supervisor Douglas, seconded by Supervisor Reyes, Ralph Bloom was appointed to the County Transportation Committee as the representative from the Town of Middletown. This is a one year term. The term will begin on February 13,2003 and expire on February 13, 2004. The above motion was approved by the following recorded vote: Richard C. Shickle - Aye w. Harrington Smith, Ir. - Aye Robert M. Sager - Aye Margaret B. Douglas - Aye Sidney A. Reyes - Aye Lynda I. Tyler - Aye Gina A. Forrester - Aye Minute Book Number 28 Board of Supervisors Budget Worksession and Regular Meeting of 02/12/03 436 6:00 P.M. SESSION PUBLIC HEARINGS PUBLIC HEARING - THE SALE OF COUNTY OWNED PROPERTY LOCATED IN THE SHAWNEELAND SANITARY DISTRICT DESCRIBED AS LOT 8. SECTION 8: LOT 44. SECTION 3: LOT 164. SECTION A: LOT 14. SECTION 7: LOT 21. SECTION X: LOT 2. SECTION K: LOT 27. SECTION W: LOT 42. SECTION 3: AND LOT 43. SECTION 3. LYING AND BEING SITUATE IN THE BACK CREEK MAGISTERIAL DISTRICT. COUNTY OF FREDERICK. STATE OF VIRGINIA - APPROVED Administrator Riley advised this information was presented to the Board at their Ianuary 8, meeting at which time the directive was given to schedule this public hearing. There was no public comment. Upon motion made by Supervisor Douglas, seconded by Supervisor Reyes, the nine lots, as advertised "For Sale" were 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 J. Tyler - Aye Gina A. Forrester - Aye PUBLIC HEARING - PROPOSED CONVEYANCE AND RESOLUTION (#038-03)- ROUTE 647 (AYLOR ROAD) - VIRGINIA DEPARTMENT OF TRANSPORT ATION PROJECT #0647-034-223. C501 - NOTICE IS HEREBY GIVEN THAT A PUBLIC HEARING SHALL BE HAD BY THE BOARD OF SUPERVISORS AT ITS REGULAR MEETING ON FEBRUARY 12. 2003. AT 6:00 P.M.. CONCERNING THE PROPOSED CONVEYANCE BY THE BOARD OF SUPERVISORS OF FREDERICK COUNTY. VIRGINIA. TO THE COMMONWEALTH OF VIRGINIA. DEPARTMENT OF TRANSPORTATION OF 0.172 ACRE+ IN FEE SIMPLE. A PERMANENT DRAINAGE EASEMENT UPON AN ADDITIONAL 0.107 ACRE+. AND A TEMPORARY CONSTRUCTION AND MAINTENANCE EASEMENT UPON AN ADDITIONAL 0.002 +. ALL SITUATE IN OPEOUON MAGISTERIAL DISTRICT. AND BEING A PART OF THE SAME LAND ACOUlRED BY FREDERICK COUNTY BY DEED DATED MARCH 26.1997. FROM THE COUNTY SCHOOL BOARD OF FREDERICK COUNTY. OF RECORD IN THE OFFICE OF THE CLERK OF THE CIRCUIT COURT OF FREDERICK COUNTY. VIRGINIA. IN DEED BOOK 877. AT PAGE 77. A COPY OF THE PROPOSED DEED AND RESOLUTION ARE ON FILE AT THE OFFICE OF THE COUNTY ADMINISTRATOR AND ARE AVAILABLE FOR INSPECTION DURING REGULAR BUSINESS HOURS AND CONTAIN A FURTHER AND MORE PARTICULAR DESCRIPTION OF THE PROPERTY PROPOSED TO BE CONVEYED. ANY CITIZEN OF FREDERICK COUNTY MAY ATTEND SUCH PUBLIC HEARING AND EXPRESS THEIR COMMENT ON SUCH PROPOSED CONVEYANCE-APPROVED Administrator Riley presented this request to the Board. There was no public comment. Upon motion made by Supervisor Sager, seconded by Supervisor Smith, the following Minute Book Number 28 Board of Supervisors Budget Worksession and Regular Meeting of 02/12/03 4~7 resolution was approved: WHEREAS, additional right-of-way, slope easements, construction easements, drainage easements and utility easements for the planned reconstruction of Route 647, Aylor Road, as shown on the plans, are needed and necessary; and WHEREAS, the Frederick County Board of Supervisors owns the property needed to make these improvements. NOW, THEREFORE, BE IT RESOLVED, that the Board of Supervisors for the County of Frederick, Virginia, does hereby agree to donate all the property necessary to make these needed improvements; and BE IT FURTHER RESOLVED, that a certified copy ofthe resolution be forwarded to the Resident Engineer for the Virginia Department of Transportation. ADOPTED this 12th day of February, 2003. The above motion 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 J. Tyler - Aye Gina A. Forrester - Aye PLANNING COMMISSION BUSINESS PUBLIC HEARINGS PUBLIC HEARING - CONDITIONAL USE PERMIT #01-03 OF JACKIE F. LICHLITER FOR A COTTAGE OCCUPATION - GUNSMITH/GUNSHOP. THIS PROPERTY IS LOCATED AT 251 CHRISTMAS TREE LANE AND IS IDENTIFIED WITH PROPERTY IDENTIFICATION NUMBER 45-A-25 IN THE STONEWALL MAGISTERIAL DISTRICT - APPROVED Planner II Rebecca Ragsdale presented this request to the Board advising that staff and Planning Commission recommended approval with conditions. Supervisor Tyler had a couple of questions as this property backs up to hers. There was no public comment. Upon motion made by Supervisor Tyler, seconded by Supervisor Reyes, CUP #01-03 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 J. Tyler - Aye Gina A. Forrester - Aye PUBLIC HEARING - CONDITIONAL USE PERMIT #02-03 OF TIMOTHY E. FEL TY FOR A DOG KENNEL (BREEDING ONLY). THIS PROPERTY IS Minute Book Number 28 Board of Supervisors Budget Worksession and Regular Meeting 01' 02/12/03 438 LOCATED AT 536 FLETCHER ROAD AND IS IDENTIFIED WITH PROPERTY IDENTIFICATION NUMBER 26-A-39G IN THE BACK CREEK MAGISTERIAL DISTRICT - PULLED PUBLIC HEARING - CONDITIONAL USE PERMIT #03-03 OF DANIEL E. WHITACRE FOR A COTTAGE OCCUPATION - MACHINE SHOP. THIS PROPERTY IS LOCATED AT 519 TURTLE MEADOW DRIVE AND IS IDENTIFIED WITH PROPERTY IDENTIFICATION NUMBER 51-A-9 IN THE BACK CREEK MAGISTERIAL DISTRICT - APPROVED Mark Cheran 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 Douglas, seconded by Supervisor Smith, CUP #03-03 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 #01-03 OF FREDERICK BLOCK COMPANY. SUBMITTED BY GREENWAY ENGINEERING. TO REZONE 2.63 ACRES FROM RP (RESIDENTIAL PERFORMANCE). B2 (BUSINESS GENERAL). AND M1 (LIGHT INDUSTRIAL) TO B2 (BUSINESS GENERAL): AND 2.01 ACRES FROM RP (RESIDENTIAL PERFORMANCE). B2 (BUSINESS GENERAL). AND M1 (LIGHT INDUSTRIAL) TO B3 (INDUSTRIAL TRANSITION). THIS PROPERTY IS LOCATED ON THE EASTERN SIDE ALONG MARTINSBURG PIKE (ROUTE 11 ). APPROXIMATELY 3.400 FEET NORTH OF THE INTERSECTION OF RT. 11 AND LEE AVENUE. AND IS IDENTIFIED WITH PROPERTY IDENTIFICATION NUMBERS 54A-1-15-B. 54A-1-15C, 54A-1-15D: AND 54A-1-16 AND 54A-1-17 IN THE STONEWALL MAGISTERIAL DISTRICT - APPROVED Planner II Abbe Kennedy presented this request to the Board advising that staff feels the applicant should be prepared to address these issues to the satisfaction of the Planning Commission prior to a recommendation being forwarded to the Board of Supervisors. She further advised that the Planning Commission unanimously recommended approval of the rezoning. Supervisor Smith asked for clarification of how many lots are planned. Evan Wyatt, of Greenway Engineering, appeared before the Board on behalf of this request advising there are five parcels. By way of a map he explained what was being planned. Don Shockey, representing Shockey Companies, appeared before the Board requesting their favorable consideration of this rezoning as Frederick Block has always been a good neighbor. Minute Book Number 28 Board of Supervisors Budget Worksession and Regular Meeting of 02112/03 439 Upon motion made by Supervisor Tyler, seconded by Supervisor Smith, rezoning #01-03 of Frederick Block 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 J. Tyler - Aye Gina A. Forrester - Aye End of public hearing items from 6:00 P.M. session. RAIL RESOLUTION (#039-03) IN SUPPORT OF SENATE BILL 1279 RAIL TRANSPORTATION DEVELOPMENT AUTHORITY - APPROVED Supervisor Tyler asked the Board to approve this resolution. WHEREAS, Senate Bill 1279 creates a Rail Transportation Development Authority, and WHEREAS, the Frederick County Board of Supervisors has supported initiatives to creatc more opportunities for rail transportation alternatives, and WHEREAS, a rail authority would provide additional opportunities to focus on rail transportation initiatives, NOW, THEREFORE, BE IT RESOLVED, that thc Board of Supervisors ofthe County of Frederick, Virginia, does hereby support SB 1279. BE IT FURTHER RESOLVED that a true copy of this resolution be mailed to Frederick County's delegation in the General Assembly. Passed this 12th day of February 2003, by the following recorded vote: Chairman Shickle asked Administrator Riley if this is something the Board should approve? Administrator Riley advised he was comfortable with it. Upon motion made by Supervisor Smith, seconded by Supervisor Forrester, the above resolution 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 J. Tyler - Aye Gina A. Forrester - Aye DISCUSSION OF THE 2003-2004 CAPITAL IMPROVEMENTS PLAN (CIP) - TO BE ADVERTISED FOR PUBLIC HEARING Assistant Planning Director Chris Mohn presented this information to the Board advising that staff has coordinated with representatives from the Frederick County Public Schools and the Minute Book Number 28 Board of Supervisors Budget Worksession and Regular Meeting of 02/12/03 440 Department of Parks and Recreation regarding an alternative format for the project prioritization table of the proposed 2003-2004 Capital Improvements Plan (CIP). He further advised that concern was expressed that the County priorities proposed for project requests from these ageneies were not consistent with the sequence of departmental priorities endorsed by the School Board and Parks and Recreation Commission, respectively. The Comprehensive Plans and Programs Subeommittee (CPPS) did an evaluation exereise which resulted in lower priority projects from eaeh of these agencies being elevated above some of their high priority projects on the proposed county priority list. He explained to the Board that a revised CIP table has been provided for their review wherein capital projects are organized by department in the order in whieh they were originally requested. Although each project is assigned a County priority, the modified format effectively emphasizes departmental priorities rather than the county wise prioritization proposed by the CPPS. Upon motion made by Supervisor Sager, seconded by Supervisor Smith, the 2003-2004 Capital Improvements Plan (CIP) is to be advertised for public hearing. The above motion was approved by the following recorded vote: Riehard C. Shickle - Aye W. Harrington Smith, Jr. - Aye Robert M. Sager - Aye Margaret B. Douglas - Aye Sidney A. Reyes - Aye Lynda J. Tyler - Aye Gina A. Forrester - Aye RECESS (CHAIRMAN CALLED FOR RECESS FROM 6:35 P.M. UNTIL 7:15 P.M.) 7:15 SESSION CITIZEN COMMENTS Don Shockey, representing Stephenson Village Community, thanked everyone who eame to community meetings they held at Jordan Springs. He advised that they want to answer all the questions anyone has concerning this projeet as it moves along. He further advised that more meetings are being planned in the future with their neighbors and the publie. He thanked the Planning Commission for including their option for consideration during their discussion of the Northeast Land Use Plan, and further thanked the Board for considering their request. Sam Lehman, Back Creek District, addressed the county's annual audit reeently reeeived advising that he feels it is a big step baekwards. He feels it needs some eharts. It needs to make Minute Book Number 28 Board of Supervisors Budget Worksession and Regular Meeting of 02/12/03 441 sense. He addressed the section dealing with the county's liabilities which he feels is 99% long term debt. He referred to various soaring cost county wide and especially at the j ail. He feels this is just one phase of our government that is getting out of bounds quickly. He passed out a chart at this time. Glen Penton, Stonewall District, addressed the Northeast Corridor Plan and asked the Board to follow along with the information he has passed out to them. He stated that in January of2000 the same plan was made and he feels was largely ignored. He advised that those citizens living east of Route 11 would like for this area to remain a rural community. He stated that Stonewall District basically has forty-five percent of the existing business and industrial zoning of Frederick County and he feels this is more than their share. Due to poor air quality he feels they need to eliminate any polluting industry in their future zoning in this area. He asked that this plan be taken to public meetings, as soon as possible, with this information coming directly back to the Board. Elizabeth Cain, Gainesboro District, supports the School Board and the proposed 2004 operating budget for Frederick County Public Schools. She does not want to see the Gainesboro Elementary School with 170 students closed, elimination of 40 teacher aid positions, and elimination ofthe Middle School Core Team Planning period. She feels this will have a negative impact on the education of the students that will be affected by this action. Bill Shepherd, Gainesboro District, finished presenting what Glen Penton had started to say earlier, and was unable to complete due to his three minutes being up. This addressed the UDA expansion and how this would affect a number of residents. Industry should not be allowed east of Route 11. Larry Dick, Gainesboro District, spoke to the 2004 school budget. He addressed what could happen if the school budget is not fully funded especially the possible closing of Gainesboro Elementary School, and that these proposals for anything less than full funding are totally unacceptable. There is not adequate room in other elementary schools to accommodate the students that would be transferred from Gainesboro Elementary School. David Hurd, Stonewall District, addressed land use and the Northeast Corridor. Referred to when the Board approved the Comprehensive Plan for the Northeast Corridor two and a half years ago, the citizens ofthe Stephenson Area in particular, took exception to the potential uses that were Minute Book Number 28 Board of Supervisors Budget W orksession and Regular Meeting of 02112/03 442 referred to. The citizens of this area also fought long and hard to have the proposed industrial park in this area denied by the Board, and they were successful in having this done. He stated that there is still a great need in this County for considered growth issues of land use in this County. He addressed the issue of when this Board directed the County Planning Commission to go back and revisit the Northeast Corridor Land Use Plan. It is his understanding that they will be back before the Board tonight to recommend that no change is necessary. He understood that citizen input would be part ofthis, and he does not recall of any full and open public meetings. He is offended by what the Planning Commission is about to recommend to the Board. He feels as ifit is like the Planning Commission putting their thumb on the end of their nose and pointed it directly at the Board. The Board gave them a charge and he does not feel they carried it out. Steve France(?), Gainesboro District, referred to increasing debt as referred to by Mr. Lehman and the amount that goes toward education. He feels Frederick County is doing a good job of putting money toward Frederick County Schools. He does not feel we are looking enough at our overall real estate and tax rate. We are only putting 30 cents of every dollar toward the remaining services in the County, and with the growth we are experiencing, that is not enough. The real estatc rate needs to be increased. The tax forms in Virginia need to be reformed. Our local legislators need to be contacted about what they can and need to do in order to help localities. Ron Comer, Stonewall District, addressed the fact that no public meetings were held with the citizens ofthe Stonewall District, by the Planning Commission, for the purpose of reevaluating the current Northeast Land Use Plan. The citizens looked forward to working with the subcommittee and the citizen appointed liaisons, and they looked for announcement of meetings; however, as you know, there were no meetings, and the leadership of the community had no intentions of holding public meetings. The intention was to maintain the status quo, and the land use. There has been only one change and that is to recognize the Stephenson Battlefield. The Stonewall District does not have any Planning Commission members appointed by the elected Board member. The citizens of Stonewall District has the right to say what should go in their back yards. Pam Kennedy, Gainesboro District, stress is a condition of life, it is what causes us to react, to make decisions, to respond to those around us. Stress is a given, but what is not a given is the Minute Book Number 28 Board of Supervisors Budget Worksession and Regular Meeting of 02/12/03 443 level of stress that one has to cope with, that is a variable. Stress that comes from outside the person are the hardest to manage, such as a drought that causes your well to dry up is an outside stress, that you can't control. Over crowding due to residential growth, which impacts our schools, our roads, our water, our quality of life, our health and safety are major stressors, and this is also stress from outside. In this instance the outside are members ofthe Board of Supervisors, past and present, who have voted to approve all manor and form of development, without regard for the consequences that these decisions impose upon the County citizens. Is this balanced decision making; no, it is clearly not. Gary Oates, Stonewall District, was present at tonight's meeting to represent a number of his neighbors concerning the Northeast Land Use Plan. The total acreage is approximately 325 acres on the northern side of Redbud Road and immediately south ofthe Shockey and McCann property. They are requesting to be included in the Northeast Land Use Study, ifthe Board is going to allow the Shockey and McCann properties to be rezoned and developed as residential. The McTiernan property was rezoned to RP last Fall, and lies to the south of them. The Shockey and McCann property is to the north. Many of the residents have lived on Red Bud Road for over thirty years, and would more than likely sell their property if the Shockey and McCann property is developed. The traffic and noise from development for the next twenty-five years is not appealing. In order to maintain the value of their land they need to be included in the Urban Development Area(UDA). Sharon Boyd, Gainesboro District, addressed the Northeast Land Use Plan. She addressed the fact that in many parts of the country smoking has been banned in public places. Why, for one simple reason, because the citizens of this country have deemed that we are entitled to breathe fresh air. Yet here we are a county and community with air quality that is now deemed non-attainment levels. Yet tonight, our Planning Commission is sending you a Land Use Plan which designates thousands of acres in the Northeast Land Use for future industrial development. Jack cannot go into a restaurant and light up a cigarette next to Sally because she is entitled to breathe free air, but we can go into one sector of our community and tell them that we are going to dump thousands of acres of industry next to your homes. There is something wrong here. We have been telling you for two years that the Northeast Land Use Plan is flawed, it was flawed two years ago, it is still flawed tonight. The Planning Commission has ignored your directive to get community input. We have Minute Book Number 28 Board of Supervisors Bndget Work session and Regular Meeting of 02/12/03 444 viable options, one we have been begging for is historical tourism. It is a clean alternative. Kevin Kenned y, Gainesboro District, congratulated Supervisors Tyl er and Forrester for their first years in office. He has asked, and a number of others have asked, Chairman Shickle about leadership and vision. Leadership of your divided Board, and vision for the County. Have been asking for more than a year, and he didn't think he would ask any more. He does not feel anything is happening in this regard. He feels the people will get through this year and look forward to better leadership next year and better vision after the elections. Stated there are presently 24,000 dwelling units in the County. 7500 vacant acres in the UDA which could generate another 60,000 dwelling units, ifthey were built up to the maximum. In addition there are about 103,000 acres of vacant land in the County zoned R-A. This opens us up to 80,000 possible dwelling units ifbuilt out to the max. He referred to the Planning Commission and what he calls disrespect as far as their action on the Northeast Land Use Plan based on their directive from this Board. Shannon ?, Stonewall District, endorsed the funding request ofthe schools as she feels it is justified and needed. Schools should not be closed, and teacher aid positions should not be cut. Tom Stephenson, Stonewall District, has served both times, as a Board liaison, on the committee to review the Northeast Land Use Plan. Both times the citizens input overruled, ignored however you want to term it. He was not heard when the first plan was developed and sent to the Board. It was adopted by the Board and then sent back again to committee with specific directions. He advised that once again the citizens input was ignored, or over ruled, however you wish to term it. A great deal of time has gone into the study of this plan by a number of county citizens. Based on the numbers presented at last week's Board meeting Stonewall District is now looking at basically 2,000 acres of planned industrial development as opposed to the nearest other district which has 500 acres, something is disproportionate. They are requesting this be sent back to committee in order to get citizen input, and that the citizens are listened to. Mark Stivers, Stonewall District, he too had served on the committee as liaison, as Tom Stephenson did the first time around. He advised that he did appear before the Board after the first committee presented their findings to report that a mistake had been made known as the Milburn Historic District, and could this not be revisited? That revisiting did not take place immediately. He finds it quite astounding that, that revisit has yet to take place. He is quite disappointed in the Minute Book Number 28 Board of Supervisors Budget Worksession and Regular Meeting of 02/12/03 445 work ofthe Comprehensive Plan Subcommittee. He has put a great deal of time on a good outcome for the Stonewall District, and particularly as it pertained to Stephenson. He feels everyone has learned during these past two years what is needed and wanted in this area of the County. He would encourage sending the Northeast Land Use Plan back to the subcommittee. At least lets pay attention to what the citizens have to say. COUNTY OFFICIALS RESOLUTION (#036-03) AND MEMORANDUM OF UNDERSTANDING FOR HOME DEPOT - APPROVED Administrator Riley presented this information to the Board. Upon motion made by Supervisor Sager, seconded by Supervisor Smith, the following Resolution and MOU were approved: WHEREAS, The Home Depot has made known its intent to locate an import distribution center by making new taxable real estate and personal property investments and adding new jobs; and WHEREAS, the company meets the policy guidelines of the Frederick County Economic Development Incentives Fund as established by the Winchester-Frederick County Economic Development Commission in 1995; BE IT RESOLVED, that the Board of Supervisors for the County of Frederick, Virginia does hereby approve the payment of $150,000.00 to the Industrial Development Authority of Frederick County, Virginia from the Frederick County Economic Development Incentive Fund to assist in locating a distribution center for The Home Depot in Frederick County, Virginia. BE IT RESOLVED, that the Board of Supervisors for the County of Frederick, Virginia does hereby approve the payment of $150,000.00 to the Industrial Development Authority of Frederick County, Virginia from the Governor's Opportunity Fund to assist in locating a distribution center for The Home Depot in Frederick County, Virginia. BE IT RESOLVED, that said funds are subject to an executed Memorandum of Understanding outlining the required performance criteria. BE IT FURTHER RESOLVED, that the Board of Supervisors for the County of Frederick, Virginia, does authorize the County Administrator to execute the Memorandum of Understanding on its behalf. ADOPTED, this 12th day of February 2003. THIS MEMORANDUM OF UNDERSTANDING, (the "Memorandum") made and dated this _ day of April 2003, evidences the agreement among the COUNTY OF FREDERICK, VIRGINIA, a political subdivision of the Commonwealth of Virginia (the County"), the INDUSTRIAL DEVELOPMENT AUTHORITY OF THE COUNTY OF FREDERICK, VIRGINIA, a political subdivision of the Commonwealth of Virginia (the "IDA), the WTNCHESTER- FREDERICK COUNTY ECONOMIC DEVELOPMENT COMMISSION, ajoint commission of the City of Winchester and Frederick County, Virginia (the "Commission"), HOME DEPOT U.S.A., INC. ("Home Depot"), a Delaware corporation, regarding a new location in the Commonwealth of Virginia for Home Depot's import distribution operations. Minute Book Number 28 Board of Supervisors Budget Worksession and Regular Meeting of 02/12/03 446 RECITALS A. Home Depot intends to invest Twenty Three-Million Dollars ($23,000,000.00) in taxable real estate and taxable improvements, to invest Two Million Dollars ($2,000,000.00) in taxable personal property and to create One Hundred Twenty Five (125) new jobs at its import distribution facility (the "Facility") to be located in Frederick County, Virginia (collectively the "Project"). B. The County agrees to make a cash grant to the IDA in the sum of One Hundred Fifty- Thousand Dollars ($150,000.00), and the IDA agrees, upon receipt of such funds, to make a cash grant to Home Depot in an identical amount (the "IDA Grant") to be applied by Home Depot in order to complete the Project, as more fully set forth hereinafter. C. The IDA shall also receive a grant of One Hundred and Fifty Thousand Dollars ($150,000.00) from the Governor's Opportunity Fund (the "Opportunity Fund Grant") and the IDA, as administrator of the Opportunity Fund Grant, upon receipt of such funds, shall disburse such funds to Home Depot as reimbursement for site purchase costs and subsequent site development expenditures, as more fully set forth hereinafter. NOW THEREFORE WITNESSETH: That for and in consideration in the sum of Ten Dollars ($10.00), cash in hand paid by each of the parties hereto unto the other, the receipt and sufficiency of which is hereby acknowledged, and other consideration deemed adequate at law, including, but not limited to, the covenants and conditions set forth in this Memorandum, the parties do hereby agree as follows: 1. Recitals: The Recitals are made a material part hereof and incorporated herein by reference as if set out in full. 2. Terms and Conditions of Disbursement: a. The obligations of the IDA to make disbursement of the IDA Grant to Home Depot is expressly contingent upon receipt of such funds by the IDA from the County. b. The obligation of the IDA to make disbursement of the Opportunity Fund Grant to Home Depot is expressly contingent upon receipt of such funds by the IDA from the Governor's Opportunity Fund. c. Provided that the IDA receives the IDA Grant and Opportunity Fund Grant in a timely fashion, the IDA shall disburse such funds to Home Depot on or before June 1,2003. 3. ReimbursementJDefault: Home Depot agrees to make reimbursement ofthe IDA Grant and the Opportunity Fund Grant, as described in Section 4, below, in the event that Home Depot fails to satisfy all the following terms and conditions, as reasonably determined by the IDA: a.. Home Depot acquires and has fully operational taxable real estate in an amount of not less than $23,000,000.00 and taxable personal property in an amount of not less that $2,000,000.00 at the Facility located in Frederick County, Virginia by June 30, 2004; b. Home Depot creates One Hundred Twenty Five (125) net new jobs associated with the Project by June 30, 2004; c. Home Depot maintains the level of investment and new jobs created as part of the Project until June 30, 2006; and Home Depot maintains and continues the operation Minnte Book Number 28 Board of Supervisors Budget Worksession and Regular Meeting of 02/12/03 447 ofthe Project in Frederick County, Virginia for a four (4) year period commencing on June 30, 2004. 4. Refund: a. In the event that Home Depot fails to meet all of the foregoing conditions set forth in Section 3, above, (the "Conditions") then and in that event Home Depot shall refund to the IDA such portion of the IDA Grant and the Opportunity Fund Grant as is proportionate to Home Depot's shortfall in satisfying the Conditions (the "Home Depot Refund"). Upon receipt of the Home Depot Refund, the IDA shall return the same, or such proportionate share thereof as called for herein, to the County and to the Governor's Opportunity Fund, respectively. b. Notwithstanding the foregoing, if Home Depot has met ninety percent (90%) of the investment and employment goals set forth in this Memorandum by June 30, 2004, maintains the level of investment and jobs created through the Project for a period of two (2) years beginning on June 30, 2004, and remains fully operational in Frederick County, Virginia for a period of four (4) years until June 30, 2008, then and in that event, Home Depot shall be deemed to have substantially complied with the terms of this Memorandum and shall no longer be obligated to repay the Home Depot Refund or any portion thereof unto the IDA. 5. Cooperation: The County agrees to use its best efforts to "fast track" any building permits required for the construction and installation ofthe Facility by Home Depot so that the appropriate building permits, if otherwise prepared and submitted in proper form, can be issued in a timely manner in order to meet the deadlines set forth above. The County and the Commission agree to reasonably cooperate with Home Depot, its equipment suppliers and its equipment contractors, in order to assist Home Depot in meeting its operational deadline so that the Facility is equipped by not later than June 30, 2004. Nothing contained in this Section 5 shall be interpreted to in any way require the County to issue any building permits unless and until all applicable terms and conditions as required by law for such building perm its have been met and satisfied by Home Depot. 6. Time: Time is ofthe essence as to al1 matters set forth in this Memorandum. 7. Bindinl: Effect: This Memorandum shall be binding upon and inure to the benefit ofthe parties hereto and their respective successors upon the date of acceptance of this Memorandum. 8. Construction: This Memorandum and the terms thereof shall be interpreted and construed in accordance with the laws of the Commonwealth of Virginia. 9. Assil:nment: This Memorandum may not be assigned by any party hereto. 10. Ratification and ImDlementation: This Memorandum must be fully ratified by all parties hereto not later than 5:00 p.m. on April 30, 2003, and the implementation by Home Depot ofthe terms ofthis Memorandum must have commenced by June 30, 2004; otherwise, this Memorandum and the terms hereof shall be deemed withdrawn and of no further force and effect. COUNTY OF FREDERICK, VIRGINIA By: (SEAL) John R. Riley, Jr., County Administrator INDUSTRIAL DEVELOPMENT AUTHORITY OF THE COUNTY OF FREDERICK, VIRGINIA By: (SEAL) Minute Book Number 28 Board of Supervisors Budget Worksession and Regular Meeting of 02/12/03 448 WINCHESTER-FREDERICK COUNTY ECONOMIC DEVELOPMENT COMMISSION (SEAL) By: THE HOME DEPOT U.S.A., INC. By: (SEAL) The above resolution and MOU were 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 J. Tyler - Aye Gina A. Forrester - Aye RESOLUTION (#037-03) AUTHORIZING AN APPLICATION TO THE VIRGINIA PUBLIC SCHOOL AUTHORITY (VPSA) - SPRING 2003 BOND SALE - APPROVED Administrator Riley presented this request to the Board. At a meeting ofthe Frederick County Board of Supervisors (the "Board of Supervisors") held on the 12lh day of February 2003, the following resolution was adopted by a majority ofthe members ofthe Board of Supervisors by the following roll call vote, as recorded in the minutes ofthe meeting: PRESENT: VOTE: Richard C. Shickle, Chairman W. Harrington Smith, Jr. Margaret B. Douglas Sidney A. Reyes Robert M. Sager Lynda J. Tyler Gina A. Forrester Aye Aye Aye Aye Aye Aye Aye A RESOLUTION AUTHORIZING FREDERICK COUNTY TO SUBMIT AN APPLICATION TO VPSA FOR SCHOOL FINANCING AND TO SCHEDULE A PUBLIC HEARING WHEREAS, the Board of Supervisors has received a request from the Frederick County School Board (the "School Board") to contract a debt and issue general obligation bonds of the County in the maximum amount of$13,585,000 to finance certain capital improvements for public school purposes (the "Bonds") and to sell such bonds to the Virginia Public School Authority ("VPSA"); and WHEREAS, the Board of Supervisors has determined that it may be necessary or desirable to advance money to pay the costs for such capital projects for public school purposes (the "Projects") and to reimburse such advances with proceeds of one or more financing; NOW, THEREFORE, BE IT RESOLVED BY THE FREDERICK COUNTY BOARD OF SUPERVISORS: The Board of Supervisors adopts this declaration of official intent under Treasury Regulations Section 1.150.2. The Board of Supervisors reasonably expects to reimburse advances Minute Book Number 28 Board of Supervisors Budget Worksession and Regular Meeting of 02/12/03 44.9 made or to be made by the County or the School Board to pay the costs of acquiring, constructing and equipping the Projects from the proceeds ofthe Bonds to be issued in the maximum amount of $13,585,000. The County Administrator is authorized and directed to submit an application to the VPSA in order to sell the Bonds to the VPSA at the Spring 2003 VPSA bond sale. The County Administrator is authorized to advertise a public hearing to be held on March 10,2003 on the issuance of the Bonds. This resolution shall take effect immediately upon its adoption. Adopted this 12th day of February 2003. Upon motion made by Supervisor Smith, seconded by Supervisor Sager, the above resolution 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 J. Tyler - Aye Gina A. Forrester - Aye PLANNING COMMISSION BUSINESS PUBLIC HEARINGS (CONTINUED) PUBLIC HEARING - REOUEST TO EXPAND THE UDA (URBAN DEVELOPMENT AREA). SUBMITTED BY CHRISTOPHER CONSULTANTS, L TD, TO INCORPORATE APPROXIMATELY 26 ACRES OF THE 132-ACRE TRACT ("RACEY TRACT"). THIS TRACT IS IDENTIFIED WITH PROPERTY IDENTIFICATION NUMBER 85-A-140, ZONED RA (RURAL AREAS) DISTRICT, AND LOCATED SOUTHWEST AT THE WOODSIDE ESTATES SUBDIVISION IN THE OPEOUON MAGISTERIAL DISTRICT. APPROXIMATELY 106 ACRES OF THE TRACT ARE PRESENTLY LOCATED WITHIN THE UDA - DENIED Director Lawrence presented this request to the Board advising that the Planning Commission recommended approval of the request to incorporate the entire Racey tract within the UDA. Supervisor Sager questioned property lines and how some are in the UDA and others are not. Director Lawrence advised when the UDA was established approximately fifteen years ago, it was following ridge lines, drainage divides, and it was not following property lines, we have learned from that experience. Lee Canonico representing Christopher Consultants ofSCP, Inc. They have looked at this property, and as the Planning Commission pointed out, it would make much better planning to look at this parcel in total. It would also create some flexibility as well as some opportunities to do what they feel is good planning, and come up with a much more responsive plan to what is already in the Minute Book Number 28 Board of Supervisors Budget Worksessiou aud Regular Meetiug of 02/12/03 450 neighborhood. They know they have a number of issues to address. Supervisor Sager advised that he felt this would help existing drainage problems and appreciates the green space that has been identified. Mark Kane, Opequon District, also serves on the Woodside Homeowners Association. Advised that he felt this was a good plan in terms ofthe overall development. He knows the UDA expansion would facilitate the eventual development ofthe area. He is concerned about the roads and schools in the area, there is a lot of uncertainty to the future development ofI-81 and Route 277. He feels these infrastructure needs need to be looked at before any future development is looked at in this area. Ron Rodgers, Opequon District, does support this and the inclusion ofUDA. He feels Mr. Plein has done a good job in explaining to the citizens what is planned for the area. He hopes the Board will consider, very carefully, the infrastructure needs before approval is given on the final rezomng. Glen Penton, Stonewall District, addressed the UDA line and asked ifmaybe the roads could be followed, as they would be more definable, rather than contours or property lines, as property lines change. He is concerned about UDA extending out into rural land. He feels this would soften the UDA line. Supervisor Sager advised why he was supporting this request. Supervisor Sager moved to approve this expansion request of the UDA, seconded by Supervisor Douglas. Chairman Shickle asked if the County has ever looked at Mr. Penton's suggestions? Director Lawrence advised not the density concept. This past Fall they looked at the possibility of establishing a matrix system to evaluate these, and ultimately determined it was not appropriate. It was better to do site by site. Chairman Shickle asked if something like this were to be looked at, where would it start? Director Lawrence replied maybe through the Comprehensive Plan amendment. He does not think it would be a zoning ordinance issue initially. It would be a significant undertaking to determine where it fits in. The above request was denied by the following request: Minute Book Number 28 Board of Supervisors Budget Worksession and Regular Meeting of 02/12/03 45l Richard C. Shickle - Nay W. Harrington Smith, Jr. -Aye Robert M. Sager - Aye Margaret B. Douglas - Aye Sidney A. Reyes - Nay Lynda J. Tyler - Nay Gina A. Forrester -Nay PUBLIC HEARING - REOUEST TO EXPAND THE URBAN DEVELOPMENT AREA (UDA) AND THE SEWER AND WATER SERVICE AREA (SWSA), SUBMITTED BY GREENWAY ENGINEERING, TO INCORPORATE APPROXIMATELY SEVEN ACRES OF PROPERTY REFERRED TO AS THE RUSSELL FARM. THE PROPERTY IS IDENTIFIED BY PROPERTY IDENTIFICATION NUMBER 76-A-5 AND 64-A-37, ZONED RA(RURAL AREAS) DISTRICT, IN THE SHAWNEE MAGISTERIAL DISTRICT - APPROVED Director Lawrence presented this request to the Board advising that the Planning Commission recommended approval. He advised that Mark Smith, of Greenway Engineering, has submitted a request to the Board asking them to consider incorporating approximately seven acres of the Russell Farm into the Urban Development Area (UDA) He further advised that the School Board is seeking to purchase a 30-acre portion of the farm to use as the County's fourth middle school. Primary access to the farm (including the proposed school site) would be via a proposed major collector road, which would be constructed through the southern portion ofthe Shenandoah Mobile Court. The owner ofthc mobile home park has indicated that the road would displace 15 mobile home units; therefore, it is their intent to relocate the 15 units to an expanded portion ofthe mobile home park. The UDAlSWSA expansion is being sought in an effort to accommodate an MHl rezoning petition that would ultimately be filed with the County. Mark Smith appeared before the Board to explain further exactly what he was requesting of the Board. Supervisor Sager stated that he really has a problem with the UDA line. rfyou are going to do this at every meeting and look at adjusting the UDA, he feels the same standards should apply. Glen Penton, Stonewall District, it seems the percent in and the percent out could be held in the density as related to certain properties. The vehiclc to get it there would be the definition of the UDA line. You could define it as such, and that just would be what the UDA line is. The ordinance now says, the UDA line, you are either in or you are out. You step over here you get five acres, you step over here, you get a third of an acre, so we could define it as a percent. Supervisor Smith moved to approve this request. Supervisor Douglas seconded the motion. Minute Book Number 28 Board of Supervisors Budget Worksession and Regular Meeting of 02/12/03 452 The above motion 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 -Nay Lynda 1. Tyler - Aye Gina A. Forrester - Nay OTHER PLANNING ITEMS MASTER DEVELOPMENT PLAN #01-03 OF CANTER ESTATES, SECTION V- APPROVED Planner II Jeremy Camp presented this request to the Board advising that the Planning Commission recommended approval. He advised Canter Estates, Section V, was originally Danford Ridge Development and the proposal is for 200 single family detached urban lots on 103.74 acres. Chairman Shickle advised that he would appreciate if Planner Camp or someone else would go over the fundamentals of the approvals ofMastcr Development Plans, as it has been some time since he has seen one come to the Board. He feels it is confusing about staff recommendations that all comments be approved before it is recommended to the Board. The Planning Commission gets it and treats it as a preliminary Master Plan and sends it for recommendation from the Board. All has not been done, the Board approves it, and staff will probably make sure that the fine details get done. He feels an explanation of this would be healthy for everyone. He feels the process is very confusing. Planner II Camp advised in this particular case the rezoning was the first stage. Many ofthe uses were addressed and dealt with at that time. The applicant did prepare proffers for this particular piece of property. One reason for the Master Development Plan is to make sure the plan is consistent with what the rezoning proffers were at the time, and to look at the larger picture of the plan. To make sure that access and the general lay out of the property is consistent with the County's Land Use goals. Chairman Shickle stated it is actually staff that approves the final Master Plan? Planner Camp replied county staff that includes the County Administrator, and Planning Director. Chairman Shickle asked how much movement is there between the time of the approved Preliminary Master Plan and the Final Master Plan. Minute Book Number 28 Board of Supervisors Budget Worksession and Regular Meeting of 02/12/03 453 Planner Camp, how much movement? Chairman Shickle, how much change? Planner Camp advised many ofthe issues before it is brought to the Board. There are times when there are some things, input, that will be requested from the Planning Commission and the Board. Chairman Shickle asked with this particular Master Development Plan how many things are there? If the Board approves the Preliminary Master Plan, staffwill still see those that are done, those that are not done. Everything that is out lined is staff recommendation? Assistant County Administrator Tierney advised the Chairman that what comes before him as a Preliminary Master Development Plan, what is ultimately submitted once you let it go is considered the final, and that is what receives the signatures. This is however your opportunity to put your stamp on it, if you will. If there are conditions that you feel need to be added, or issues that you want to raise and have addressed you can direct the staffto do that prior to the final approval. There are certain parameters that you have to work within, but you do have the opportunity to express any concerns that you might have, or stress upon the staffthat they need to make sure certain things happen. Chairman Shickle apologized to the Board if this was a needless exercise, but he wanted to go through it. Supervisor Forrester asked staff about issue number 5 dealing with the roads and whether this issue has been satisfied? Planner Camp advised that the proffer statement indicates that the applicant will provide for the location ofthese future roads. The applicant feels they have satisfied this. Supervisor Forrester asked if the timing had been nailed down, or indicated on the Master Development Plan itself? Planner Camp advised there would not be a time nailed down for those two roads, the future extension of Parkins Mill Drive and Warrior Drive. Supervisor Tyler asked about the review evaluations. When Parks and Recreation makes a comment, indicating they want a project summary. That comes off ofthe original rezoning request, is that correct? What are they asking for here? Minute Book Number 28 Board of Supervisors Budget Worksession and Regular Meeting of 02/12/03 454 Planner Camp advised that Parks and Rec did review the Master Development Plan separate from the rezoning. Director Lawrence explained that basically what Parks & Rec, when they say summary, they are looking for a statement on the Master Plan that says, this is how we are addressing your requirements for rec units, open space or whatever the issue may be. They like to see on the Master Plan a summary plan, a matrix something that is easy for them to follow. The Board ultimately approves this by giving them administrative approval authority, and when the subdivision design plans come through, they can use the summary table or the matrix to be sure that every thing has been adequately addressed. Supervisor Smith moved for approval of Master Development Plan #01-03 of Canter Estates, Section V, with Supervisor Douglas seconding the motion. Supervisor Forrester advised she was still confused, and asked whether they are bonded for these extensions? Evan Wyatt, of Greenway Engineering, appeared before the Board at which time he advised the roads are not intended to be bonded. He reviewed with the Board when the applicant came back before the Board with the revised generalized development plan, which necessitated the reapproval of the rezoning proffer, and the things that were discussed at that time. What they are doing at the Master Plan level is attempting to implement the Comprehensive Plan and the approved Land Use Plan. Chairman Shickle stated that he was not sure he could see the need for a bond, but somewhat curious about the need for an exact location. Director Lawrence advised staff will continue to work with them on this. Mr. Wyatt once again advised the Board of his views on this and what was planned for the area. Chairman Shickle advised staff that the Board wanted to heighten their awareness and attention to this particular aspect of Master Plans and the Board is probably struggling in trying to determine the best way to do this. Assistant Tierney advised that he feels staff is clearly on notice that this is a concern and there are ways they can try and address it. A note could be put on the Master Plan that prior to the Minute Book Number 28 Board of Supervisors Budget Worksession and Regular Meeting of 02/12/03 455 final plat, final section of the development being approved, whenever that might be, that same location, and possible dedication of right-of-way be addressed. If the Board chooses, this can be brought back to the Board. Director Lawrence advised staff will work with the applicant to identify prior the subdivision of the last section, that the exact locations will be better clarified, and they can deal with that. The above motion 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 J. Tyler - Aye Gina A. Forrester - Aye DISCUSSION OF SEWER AND WATER SERVICE REOUESTS - THOMAS AND TRENARY PROPERTIES - VOTED ON SEPARATELY THOMAS PROPERTY - DENIED Director Lawrence advised this request is for extension of water and sewer outside of the Urban Development Area (UDA) and Sewer and Water Service Area (SWSA). The property is located on the east side of Double Church Road, immediately east ofthe Hartwood and Woodside subdivisions. He further advised that the CPPS reviewed this request on January 13, 2003, and has forwarded a recommendation of denial. Upon motion made by Supervisor Reyes, seconded by Supervisor Forrester, the above request for the Thomas Property for water and sewer extension outside the UDA and SWSA was denied 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 J. Tyler - Aye Gina A. Forrester - Aye TRENARY PROPERTY - DENIED Director Lawrence advised this property is also outside ofthe UDA and the SWSA, and the CPPS has forwarded a recommendation of denial. Upon motion made by Supervisor Smith, seconded by Supervisor Smith, the request for extension of sewer and water services outside ofthe UDA and SWSA to the Trenary Property was Minute Book Number 28 Board of Supervisors Budget Worksession and Regular Meeting of 02/12/03 456 denied by the following recorded vote: Richard C. Shickle - Aye W. Harrington Smith, Jr. - Aye Robert M. Sager - Ayc Margaret B. Douglas - Aye Sidney A. Reyes - Aye Lynda J. Tyler - Aye Gina A. Forrester - Aye DISCUSSION AND RECOMMENDATIONS OF THE NORTHEAST LAND USE PLAN REVISIONS - APPROVED Director Lawrence addressed the Board advising that on June 12, 2002, the Board of Supervisors directed staff to reexamine the recommended land uses and policies included in the Northeast Land Use Plan (NELUP). This plans was most recently included in the 2000 Comprehensive Policy Plan update. The Comprehensive Plans and Programs Subcommittee (CPPS) has been reviewing and discussing the NELUP over the past six months, and at their December 9, 2002 meeting, forwarded a recommendation (revised NELUP - Alternative I) that they felt addressed the concerns identified by the Board of Supervisors. He further advised that the Planning Commission discussed the plan revisions during their February 5, 2003 meeting. The Planning Commission concurred with the CPPS recommendation, and moved that the CPPS recommendation, Alternatives 1 and 2, and the landowners Shockey/Slaughter request be forwarded to the Board for consideration and direction. Director Lawrence advised that Supervisor Tyler has requested that the following issues be addressed: a. The location and amount of land designated by the current Plan as future industrial; Recognition and identification of the Milburn Rural Historic District, the Core Battlefield. b. An examination of the policies related to the provision of sewer and water service to undeveloped RA-zoned land located with the Sewer and Water Scrvice Area (SWSA), and the communities of Stephenson, Clearbrook, and Brucetown for existing homes with failing septic systems; c. Incorporate changes made by the County since the adoption of the Plan on September 27, 2000; and, d. This is to include public meetings, the CPPS with citizen liaisons' input, prior to submission to the Planning Commission and the Board of Supervisors. Director Lawrence further advised that input had been received from the Shenandoah Vallcy Battlefield Foundation, Land Owners' Request; and the recommendation from CPPS. He further Minute Book Number 28 Board of Supervisors Budget Worksession and Regular Meeting of 02/12/03 457 advised that the CPPS currently consists of 13 individuals which includes Planning Commission members, a Town of Stephens City liaison, and various County citizens. Four citizens from the Stephenson community were appointed to the CPPS to assist in the NELUP review. Supervisor Reyes, based on what he heard from various citizens under the Citizen Comments portion oftonight's agenda, were unhappy about citizens not having the opportunity to voice their thoughts on this plan. He asked Director Lawrence ifthis was true? Director Lawrence advised this was discussed at the last Planning Commission meeting. At a public meeting held at one of the local schools this did occur. The subcommittee felt their meeting was always a public meeting that had been duly advertised, and the fact that they held four or five meetings through the exercise; therefore, the subcommittee felt that was the public meeting. He further advised that staff was looking for direction, and ifthe Board feels this needs to go to a public meeting, perhaps Stonewall School, they are certainly available for that. He has found it is more productive to have an alternative to take to the community, if your intent is to do a neighborhood public meeting, versus throwing a bunch of alternatives out. Supervisor Reyes, feels all scenarios should be shown to the public in order to get their input. He advised that we have been at this for eight months now, and he does not feel the public has been given the opportunity to review all the different scenarios based on the comments he has heard tonight. Supervisor Sager wondered ifthere is any way to evaluate what percentage oftheir input was included in the plan, what came from the citizens. Director Lawrence felt it would be difficult to put a percentage on it. Supervisor Tyler advised, based on the minutes, it was pretty clear that we were to go out to public meetings in Stonewall, that did not happen. In 2000 she was there, they were not listened to and she feels that is part of the reason the County is in this mess today, is because they were not listened to. She would like for this Board to understand that she feels the lack of sincerity on the CPPS committee, from the very first meeting they had, there was emotion put out there to ignore our Board's directive. They made a motion, they had a second, and they voted. They were trying to ignore us, and shc did not know if they were trying to ignore her specifically, but they gave them a very clear criteria in which to do. A number of things have happened since then. They have met Minute Book Number 28 Board of Supervisors Budget Worksession and Regular Meeting of 02/12/03 458 several times, each time they met, she remembers being challenged by someone that said, Stonewall doesn't want any industrial development, what a bunch of "hoey." She does not want to send this back to the CPPS, we are not going to get anywhere. She feels the Board has enough, with staff, to be able to go forward, put some things together to let the residents of Stonewall know, and lets move on with it. She feels the big issue was the bubble; however, we need to look at that in light of our air situation. She realizes that the Milburn Historic District had never been officially designated by the County; therefore, it was ignored. She can somewhat understand where they are coming from with that one. The Core Battlefield has bccn added. The examination ofthe policies related to the provision of sewer and water. We have 6,000 acres in Stonewall District that is served by sewer and water and zoned R-A, but this is going to be deadly to us fiscally if we push forward with this proposal. The water and sewer was brought there by this Board, and now we have to live with the recommendations. We are either going to leave it industrial or we are going down that fight again, or we can fit it with something like the Shockey proposal that fits sewer and water. We will have to go through a number of hoops. Ifwe simply leave it RA with sewer and water wrapped around it, the fiscal ramifications for this County are huge. She feels we need to look at what we have to deal with. As far as the provisions go for Brucetown, Clearbrook and Stephenson she feels this is the prime time to do this. The infrastructure, that has always been the handicap, for getting those folks some relief up there. She knows staff can do the directive to find out about community block grants, zero interest loans, as there are a number of options that are available. Supervisor Reyes moved to send this back to the subcommittee to make sure the Board receives public input on all the scenarios. Supervisor Forrester seconded for discussion. She does not want it to go back to the CPPS, but she does want the public involvement. She asked why the Board could not direct staff to hold the public meetings that have been discussed by thc Board? She asked that this motion be amended to include this directive. Administrator Riley advised that staffwould conduct the public meetings, giving the citizens the opportunity to comment in some type of public form. The comments received from the public will be reported back to this Board. Supervisor Forrester has requested that a time limit be put in place as to when this will be Minute Book Number 28 Board of Supervisors Budget W orksession and Regular Meeting of 02/12/03 459 done by, as well as to when this information will be brought back to the Board. Administrator Riley suggested maybe within sixty days this information would be reported back to the Board. The following vote was on the amendment: Richard C. Shickle - Aye W. Harrington Smith, II. - Aye Robert M. Sager - Aye Margaret B. Douglas - Aye Sidney A. Reyes - Aye Lynda I. Tyler - Aye Gina A. Forrester - Aye Supervisor Forrester withdrew her original second, and Supervisor Reyes withdrew his original motion. BOARD OF SUPERVISORS COMMENTS Administrator Riley advised what the county could be looking at as far as emergency preparedness should there be some type of emergency situation in Washington, D.C. and the influx of people we could see coming in this direction. This information was provided in a recent meeting held with local County and City officials. Supervisor Tyler advised that she would like to thank the Planning staff for all their efforts on behalf ofthe Planning Retreat that was held recently, they did a great job. UPON MOTION MADE BY SUPERVISOR SAGER, SECONDED BY SUPERVISOR SMITH, THERE BEING NO FURTHER BUSINESS TO COME BEFORE THIS BOARD, THIS MEETING IS HEREBY ADJOURNED. (TIME:9:30 P.M.) \LS-s <:~---Lv Richard C. Shickle Chairman, Board of Supervisors JO~- Clerk, Board of Supervisors Minutes Prepared By: (1,., r 1_-7 , -~'bu... I ~'D ,'/ Carol T. Bayliss Deputy Clerk, Board of Supervisors Miuute Book Number 28 Board of Supervisors Budget W orksession and Regular Meeting of 02/12/03