April 9, 2003 Regular Meeting
520
A Regular Meeting ofthe Frederick County Board of Supervisors was held on April 9, 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. Shickle; Vice Chairman W. Harrington Smith, Jr.; Robert M. Sager;
Margaret B. Douglas; Sidney A. Reyes; Gina A. Forrester; and Lynda J. Tyler.
CALL TO ORDER
Chairman Shickle called the meeting to order.
INVOCATION
Supervisor Sager had the invocation in absence of a minister.
PLEDGE OF ALLEGIANCE
ADOPTION OF AGENDA
Administrator Riley advised he had nothing to add.
Upon motion made by Supervisor Sager, seconded by Supervisor Smith, the agenda was
adopted 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
CONSENT AGENDA
Administrator Riley suggested the following tabs for approval under the Consent Agenda:
1. Proclamation RE: April as Clean Sweep Month in Frederick County - Tab C -(Supervisor
Tyler requested to have this pulled from the Consent Agenda as she would like to have
it read);
2. Closing of County Offices for Annual Apple Blossom Festival - Tab E;
3. Scheduling of Board Meetings During the Summer Months - Tab F;
4. Memorandum and Resolution Re: Sale of Shawnee Land Sanitary District Lots - Tab G;
5. Revised Memorandum of Understanding Re: Home Depot - Tab H.
Upon motion made by Supervisor Smith, seconded by Supervisor Forrester, the consent
agenda was approved, as noted above, by the following recorded vote:
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Board of Supervisors Regular Meeting of 04/09/03
521
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 (#050-03) RE: ADOPTION OF FY 2003-2004 ANNUAL BUDGET -
APPROVED
Administrator Riley read the Budget Resolution.
Supervisor Smith asked Administrator Riley if he would check into County Employees
receiving a 2.5 COLA increase, the same as all school employees received.
Upon motion made by Supervisor Smith, seconded by Supervisor Sager, the following
resolution was approved:
WHEREAS, a notice of public hearing and budget synopsis has been published and a public
hearing held on March 24,2003, in accordance with Title 15.2, Chapter 25, Section 15.2-2506, of
the Code of Virginia, 1950 as amended.
THEREFORE BE IT FURTHER RESOLVED, by the Board of Supervisors of the
County of Frederick, Virginia, that the budget for the 2003-2004 fiscal year as advertised in The
Winchester Star on March 14, 2003, be hereby approved in the amount of$188,355,753.
WHEREAS, the budget amounts represent the total, less transfers between funds.
WHEREAS, this Budget Resolution equals an amount less that the advertised budget with
the difference being the reduction in the real estate rate from the advertised increase of .18 per $100
of assessed value to .12 per $100 of assessed value resulting in an adopted real estate tax rate of. 73
per $100 of assessed value.
BE IT FURTHER RESOLVED, that the County of Frederick budget for the 2003-2004
fiscal year be adopted as follows:
General Operating Fund:
General and Financial Admin.
Judicial Administration
Public Safety
Public Works
Health/W elfare
Education - Community College
Parks, Recreation & Cultural
Community Development
Non-Departmental Expenses
Regional Jail Fund
Landfill Fund
Division of Court Services Fund
ShawneeLand Sanitary District Fund
Airport Operating Fund
Airport Capital Fund
Consolidated Maintenance Fund
School Operating Fund
School Operating Capital Fund
$ 5,485,000
1,162,541
11,791,619
2,868,947
4,852,224
45,123
3,951,864
2,324,348
1,769,838
8,103,447
5,673,478
1,123,812
441,200
1,253,450
471,475
340,455
90,642,837
611,702
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Board of Supervisors Regular Meeting of 04/09/03
522
School Cafeteria Fund
School Construction Capital Project Fund
School Debt Service Fund
Larrick & Sides Trust Funds
School Textbook Fund
Unemployment Compensation Fund
NREP Operating Fund
NREP Textbook Fund
3,733,295
25,800,000
11,147,364
1,100
1,352,289
10,000
3,368,345
30,000
BE IT FURTHER RESOLVED that the Board of Supervisors of the County of Frederick,
Virginia, does herein adopt the tax rate for the 2003 assessment year at a rate of73 cents per $100
of assessed value to be applied to real estate, the rate of $4.20 per $100 of assessed value to be
applied to personal property, $2.25 per $100 of assessed value to be applied to personal property on
one vehicle to volunteer firefighters that are approved and registered with the Fire and Rescue
Department, the rate of 42Y2 cents per $100 to be applied to airplanes and zero tax to be applied to
antique vehicles. The Business and Professional Occupational License rates are as follows: retail
20 cents per $100 of gross receipts, contractors 16 cents per $100 of gross receipts, professional
services 58 cents per $100 of gross receipts, personal and business 36 cents per $100 of gross
receipts, wholesale 5 cents per $100 of purchases and the rate of $2.00 per $100 of assessed value
on declining values to be applied to machinery and tools, and contract carrier classified vehicles.
Meals tax at an adopted rate of 4 cents per $1. Lodging tax at an adopted rate of 2 cents per $1.
County decals at an adopted rate of $25 per vehicle and $10 per motorcycle. The Sanitary Landfill
fees are as follows: $38 per ton for less than 12,000 tons a year; $36 per ton for more than 12,000
but less than 24,000 tons a year; $34 per ton for more than 24,000 but less than 36,000 tons a year;
$32 per ton for more than 36,000 but less than 48,000 tons a year; $30 per ton for more than 48,000
tons a year; $30 per ton for construction demolition debris; $25 per ton for municipal waste and $8
per ton for municipal sludge. The local tax for Enhanced 911 Service will continue to be at a set rate
of$1.60.
BE IT FURTHER RESOLVED, that appropriations are hereby authorized for the central
stores fund, special welfare fund, comprehensive services fund, county health insurance fund, school
health insurance fund, length of service fund, unemployment compensation fund equal to the total
cash balance on hand at July 1,2003, plus the total amount of receipts for the fiscal year 2003-2004.
The Fire Company Capital appropriation will include the current year appropriation plus any unused
funds at the end of fiscal year 2003.
BE IT FURTHER RESOLVED, that this budget resolution does not fund the school
operating budget by category.
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 - Nay
Gina A. Forrester - Aye
CITIZEN COMMENTS
Glen Penton, Stonewall District, referred to a sketch he had passed out to each Board member
showing the Stonewall Northeast Land Use Plan, in particular, the sewer and water. He asked the
Board to consider including this land inside the sewer, water and urban development area. He asked
how this land could not be included if the Shockey land is included as well as the McTiernan
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Board of Supervisors Regular Meeting of 04/09/03
523
property. The Stephenson community does not want sewer and water and UDA, but they have no
choice, as they prefer to stay 5 acre density, ifthe UDA is extended, they request that it be extended
for all the neighbors shown in gold on the plan.
David Hurd, Stonewall District, offered some comments about the process used by the Board
for the adoption ofthis coming years' budget. He realizes it was not an easy decision to raise taxes,
but it was a decision they made. The prior decision to allow certain areas of development, residential
construction, and other activities within the County, all played a part in the necessity this year to
raise our budget and to increase the citizens' taxes. This is only the start in what he is afraid is a
roller coaster. He addressed the high growth rate within the County. He asked the Board to step
back and look at using the tools in place, and making growth pay for itself. The County needs
moderate and smart growth.
Josh Fobe, Opequon District, a strong supporter of the county schools. He feels the full
school budget should have been approved. He hopes the Board will support the schools next year.
Sam Lehman, Back Creek District, addressed the area of taxes being raised, as he feels this
is wrong and not justified. He further addressed the proposed Stephenson Village and the density
proposed given the lot sizes, with the largest lot being 4700 sq. ft. This means there is going to be
a lot of households on an acre of ground.
Pam Kennedy, Gainesboro District, stated that change in reality is just that, change. It is
neither good nor bad, it only becomes that when people shape it to and for their own ends. Change
can have negative and perhaps unintended consequences.
Raymond Gesco, Shawnee District, stated that he had sent a letter to each Board member
advising them that he felt the County should have no tax increase. He referred to the schools built
in the County and feels there are a lot more frills within these schools then is necessary.
MINUTES
Upon motion made by Supervisor Sager, seconded by Supervisor Forrester, the minutes of
the Regular Meeting of January 22,2003, were 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
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Board of Supervisors Regular Meeting of 04/09/03
524
Sidney A. Reyes - Aye
Lynda 1. Tyler - Aye
Gina A. Forrester - Aye
Supervisor Forrester advised in the set of minutes for meeting of February 6, 2003, page 5,
second paragraph, the word "hundred" needs to be inserted after the word eleven.
Upon motion made by Supervisor Tyler, seconded by Supervisor Forrester, the minutes of
the budget worksession with the School Board on February 6, were approved, 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 1. Tyler - Aye
Gina A. Forrester - Aye
COUNTY OFFICIALS
PROCLAMATION (#006-03) RE: APRIL AS CLEAN SWEEP MONTH IN
FREDERICK COUNTY - APPROVED
Supervisor Tyler read the following proclamation.
WHEREAS, the Frederick County Board of Supervisors recognizes its duty to preserve the
quality oflife for its citizens; and
WHEREAS, the Board acknowledges the detrimental environmental impact oflitter on the
county's soils, woodlands, watersheds, and wildlife; and
WHEREAS, the Board also acknowledges the negative social and economic impacts of
litter; and
WHEREAS, the Board commits to prevent and control litter through education, awareness,
enforcement and community cleanup initiatives; and
WHEREAS, the Board solicits the cooperation of local officials, state legislators,
community volunteers, and various government agencies to combat litter in the community; and
WHEREAS, the Board recognizes the need for volunteers and corporate stewardship and
support in order to achieve these goals; and
NOW, THEREFORE, BE IT RESOLVED, that the Frederick County Board of
Supervisors does hereby proclaim the month of April 2003 as Frederick County Clean Sweep
Month.
Adopted this 9th day of April 2003.
Upon motion made by Supervisor Tyler, seconded by Supervisor Forrester, the above
proclamation was approved by the following recorded vote:
Richard C. Shickle - Aye
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Board of Supervisors Regular Meeting of 04/09/03
525
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
COMMITTEE APPOINTMENTS
REBECCA STILL WELL REAPPOINTED TO THE HISTORIC RESOURCES
ADVISORY BOARD FROM STONEWALL DISTRICT
Upon motion made by Supervisor Tyler, seconded by Supervisor Reyes, Rebecca Stillwell
was reappointed to the Historic Resources Advisory Board from Stonewall District. This is a four
year term. The term will commence on April 12, 2003, and expire on April 12, 2007.
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
JOHN V. STEVENS REAPPOINTED TO THE SANITATION AUTHORITY FROM
BACK CREEK DISTRICT
Upon motion made by Supervisor Douglas, seconded by Supervisor Sager, John V. Stevens
was reappointed to the Sanitation Authority from Back Creek District. This is a four year term. The
term will commence on April 15, 2003, and expire on April 15, 2007.
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 J. Tyler - Nay
Gina A. Forrester - Nay
CLOSING OF COUNTY OFFICES FOR ANNUAL APPLE BLOSSOM FESTIVAL-
APPROVED UNDER CONSENT AGENDA
All County offices will be closed Friday, May 2, 2003, for the 76th Shenandoah Apple
Blossom Festival.
SCHEDULING OF BOARD MEETINGS DURING THE SUMMER MONTHS -
APPROVED UNDER CONSENT AGENDA
Board of Supervisor meetings are hereby canceled for June 25, and July 23, in order that
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Board of Supervisors Regular Meeting of 04/09/03
526
vacations might be scheduled.
RESOLUTION (#051-03) FOR SALE OF SHA WNEELAND SANITARY DISTRICT
LOTS - APPROVED UNDER CONSENT AGENDA
WHEREAS, pursuant to Section 21-118, Code of Virginia (1950, as amended) the
governing body of a sanitary district shall have the power and duties, subject to the conditions and
limitations prescribed therein, to sell property determined to be in the best interest of the sanitary
district,
WHEREAS, the Board of Supervisors of Frederick County, Virginia, the governing body
of the Shawnee-Land Sanitary District, resolved, after a public hearing held on February 12,2003,
and after finding that it is in the best interest of the Shawnee-Land Sanitary District, to sell real estate
described as Lot 2, Section K; Lot 27, Section W; and Lot 164, Section A.
NOW, THEREFORE BE IT RESOLVED, that the Board of Supervisors of Frederick
County, Virginia, authorizes the Shawnee-Land Sanitary District, by its manager, or designated
agent, to sell this real estate and execute quitclaim deeds, on its behalf, to the successful bidder(s),
hereinafter called the Grantee(s).
ADOPTED this 9th day of April 2003.
AMENDMENT TO MEMORANDUM OF UNDERSTANDING (MOm RE: HOME
DEPOT - APPROVED UNDER CONSENT AGENDA
This MOU was originally approved by the Board of Supervisors on February 12,2003. Due
to the fact that the ratification by all parties was due by April 1, 2003, and the fact the Industrial
Development Authority could not meet this deadline, an amendment is being offered to move this
date to April 30, 2003. The only change to this MOU is the date.
RESOLUTION(#052-03) AND MEMORANDUM OF UNDERSTANDING FOR FORD
MOTOR COMPANY - APPROVED
Administrator Riley presented the resolution and MOU to the Board.
Upon motion made by Supervisor Sager, seconded by Supervisor Smith, the following
Resolution and MOU for Ford Motor Company was approved:
WHEREAS, Ford Motor Company has made known its intent to locate a part's 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 $75,000.00 to the Industrial Development Authority of
Frederick County, Virginia from the Frederick County Economic Development Incentive Fund to
assist in locating a parts distribution center for Ford Motor Company in Frederick County, Virginia.
BE IT RESOLVED, that the Board of Supervisors for the County of Frederick, Virginia
does hereby approve the payment of $75,000.00 to the Industrial Development Authority of
Frederick County, Virginia from the Governor's Opportunity Fund to assist in locating a parts
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Board of Supervisors Regular Meeting of 04/09/03
527
distribution center for Ford Motor Company 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.
MEMORANDUM OF UNDERSTANDING
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 WINCHESTER-
FREDERICK COUNTY ECONOMIC DEVELOPMENT COMMISSION, a joint commission of
the City of Winchester and Frederick County, Virginia (the "Commission"), FORD MOTOR
COMPANY ("Ford"), a Delaware corporation, regarding a new location in the Commonwealth of
Virginia for Ford's parts distribution.
RECITALS
A. Ford intends to invest Nine Million Dollars ($9,000,000.00) in taxable real estate and taxable
improvements, to invest Two Million Five Hundred Thousand Dollars ($2,500,000.00) in taxable
personal property and to create Ninety-Five (95) new jobs at a part 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 Seventy-Five Thousand
Dollars ($75,000.00), and the IDA agrees, upon receipt of such funds, to make a cash grant to Ford
in an identical amount (the "IDA Grant") to be applied by Ford in order to complete the Project, as
more fully set forth hereinafter.
C. The IDA shall also receive a grant of Seventy-Five Thousand Dollars ($75,000.00) from the
Governor's Opportunity Fund (the "Opportunity Fund Grant") and the IDA, as administrator ofthe
Opportunity Fund Grant, upon receipt of such funds, shall disburse such funds to Ford 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 ofthe IDA Grant to Ford is expressly
contingent upon receipt of such funds by the IDA from the County.
b. The obligation ofthe IDA to make disbursement of the Opportunity Fund Grant to Ford
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
Minute Book Number 28
Board of Supervisors Regular Meeting of 04/09/03
528
fashion, the IDA shall disburse such funds to Ford after July 1,2003, but no later than
August 1,2003.
3. ReimbursementlDefault: Ford agrees to make reimbursement of the IDA Grant and the
Opportunity Fund Grant, as described in Section 4, below, in the event that Ford fails to
satisfy all the following terms and conditions, as reasonably determined by the IDA:
a. Ford acquires and has fully operational taxable real estate in an amount of not less than
$9,000,000.00 and taxable personal property in an amount of not less that $2,500,000.00
at the Facility located in Frederick County, Virginia by June 30, 2004;
b. Ford creates Ninety-Five (95) net new jobs associated with the Project by June 30, 2004;
c. Ford employees created by the Project will average an annual salary of not less than
$52,400 excluding benefits by June 30, 2004;
d. Ford maintains the level of taxable investment, new jobs and wage levels created as part
of the Project until June 30, 2006; and Ford maintains and continues the operation ofthe
Project in Frederick County, Virginia for a four (4) year period commencing on June 30,
2004.
4. Refund:
a. In the event that Ford fails to meet all of the foregoing conditions set forth in Section 3,
above, (the "Conditions") then and in that event Ford shall refund to the IDA such
portion of the IDA Grant and the Opportunity Fund Grant as is proportionate to Ford's
shortfall in satisfying the Conditions (the "Ford Refund"). Upon receipt of the Ford
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 Ford has met ninety percent (90%) ofthe investment
and employment goals set forth in this Memorandum by June 30, 2004, maintains the
level of investment and jobs created through the Proj ect 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, Ford shall be
deemed to have substantially complied with the terms ofthis Memorandum and shall no
longer be obligated to repay the Ford Refund or any portion thereof unto the IDA.
5. CooDeration: The County agrees to use its best efforts to "fast track" any building permits
required for the construction and installation ofthe Facility by Ford 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 Ford, its equipment suppliers and its
equipment contractors, in order to assist Ford 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 permits have
been met and satisfied by Ford.
6. Time: Time is of the essence as to all matters set forth in this Memorandum.
7. Binding: Effect: This Memorandum shall be binding upon and inure to the benefit of the
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 ofthe Commonwealth of Virginia.
Minute Book Number 28
Board of Supervisors Regular Meeting of 04/09/03
~Z9
9. Assi~nment: This Memorandum may not be assigned by any party hereto.
10. Ratification and Implementation: This Memorandum must be fully ratified by all parties
hereto not later than 5:00 p.m. on May 30,2003, and the implementation by Ford of the
terms of this 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)
WINCHESTER-FREDERICK COUNTY
ECONOMIC DEVELOPMENT COMMISSION
By:
(SEAL)
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
COMMITTEE REPORTS
PERSONNEL COMMITTEE REPORT
The Personnel Committee met on Wednesday, April 2, 2003 with the following members
present: Margaret B. Douglas, Chairman; Gina A. Forrester; Verne E. Collins; Bill Still; John R.
Riley, Jr.; and Debby Didawick. Committee member Philip Farley was absent. The following
Department Heads were present: Ed Straw synder, Public Works Director and Fred Hildebrand,
CFFW Jail Superintendent.
1. Request from the Public Works Director to Create Three New Positions of Laborer
- Approved
Proposing to create three full time laborer positions with benefits to fill the void at the
regional landfill sites. No additional funding will be required. The Committee recommended
approval. (See attachment A).
Upon motion made by Supervisor Douglas, seconded by Supervisor Smith, the above request
was approved by the following recorded vote:
Richard C. Shickle - Aye
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Board of Supervisors Regular Meeting of 04/09/03
530
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
2. Such other business as mav come before the Committee.
(a) ReQuest from Public Works Director to Create a New Position of Landfill
Technician III/Tire Shredder Operator - Approved
Proposing to create a new position. Previously this position was contracted with a sole
source which is no longer available. No additional funding will be required. The Committee
recommended approval. (See attachment B)
Upon motion made by Supervisor Douglas, seconded by Supervisor Forrester, the above
request 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
(b) Request from the Rel!:ional Jail Superintendent to Reclassifv Maintenance
Technician Positions - Approved
Proposing to reclassify positions from Range 12 to Range 15 due to additional duties
required. No additional funding will be required. The Committee recommended approval. (See
attachment C)
Upon motion made by Supervisor Douglas, seconded by Supervisor Sager, the above request
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
(c) Request from the Rel!:ional Jail Superintendent to Increase Salarv Scale for RN's.
LPN's - Approved
Proposing to increase salary scales: RN/Nursing Supervisor from Range 23 to Range 24,
RN/CHA II from Range 20 to Range 21 and LPN from Range 15 to Range 18. No additional
funding will be required. The Committee recommended approval. (See attachment D)
Upon motion made by Supervisor Douglas, seconded by Supervisor Reyes, the above request
was approved by the following recorded vote:
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Board of Supervisors Regular Meeting of 04/09/03
531
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
(d) ReQuest from the Rel!:ional Jail Superintendent for Two Full Time Correctional
Officers and Two Part-Time Correctional Officers - Approved
Request for emergency appropriation to hire additional Correctional Officers due to
continued growth ofthe inmate population and space limitations causing safety and security issues.
No funding available for FY04. (See attachment E). The Committee recommended approval
contingent upon Jail Board and Finance Committee approval due to funding not available for FY04.
(See attachment E).
Upon motion made by Supervisor Douglas, seconded by Supervisor Reyes, the above request
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
(e) Employee Benefits Report
The Committee reviewed the benefit package for the June/July 2003 plan year. (See
attachment F).
(1) Emplovee Traininl!: Calendar
The Committee reviewed the upcoming training calendar for employees. (See attachment
G).
PUBLIC WORKS COMMITTEE REPORT
The Public Works Committee met on Tuesday, March 25,2003, at 8:00 a.m. All members
were present.
The following items were discussed:
***Items Requiring Action***
1. Request for Transfer of Funds - ShawneeLand Sanitary District - Approved
The Director of Public Works requested transfers of funds in the amounts of $5,500 and
$23,000 for part-time labor and road and street materials, respectively. The attached memorandum
dated March 20, 2003, provides justification for these transfers and references the appropriate line
items. The committee unanimously approved these transfers. (Attachment 1).
Upon motion made by Supervisor Tyler, seconded by Supervisor Forrester, the above request
was approved by the following recorded vote:
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Board of Supervisors Regular Meeting of 04/09/03
532
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
2. Proposed Policy Chanf!e - Animal Shelter - Approved
The committee reviewed and unanimously endorsed an increase in the daily boarding fee at
the animal shelter from five (5) dollars to ten (10) dollars. The attached documentation describes
this change. (Attachment 2)
Upon motion made by Supervisor Tyler, seconded by Supervisor Douglas, the above request
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
3. Closure of Mount Williams Dumpster Site - Approved
After reviewing and discussing the information summarized in the attached memorandum
dated March 21,2003, the committee recommended closure ofthe referenced site effective May I,
2003. Notification will be posted at the site prior to final closure. It should be noted that the funding
for this site was eliminated from the proposed Fiscal Year 2003/2004 budget. Staff had previously
recommended closure ofthis site to fund the operation of the Star Tannery site. (Attachment 3)
Upon motion made by Supervisor Tyler, seconded by Supervisor Sager, the above request
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
***Items Not Requiring Action***
1. Prof!ress on Developinl: an Environmental Manal:ement System
The attached memorandum dated March 21, 2003, provides a brief summary of our staff s
progress to date in the development of an environmental management system. A draft environmental
policy statement has been attached to this memorandum for the board's review. The public works
committee unanimously endorsed this policy statement. (Attachment 4)
2. Builders for the Bay Prol:ram - Representative will he Present at Next Board
Meetinf! to Answer Additional Ouestions
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533
The committee unanimously recommended that the Builders for the Bay Program be
presented to the board of supervisors. A brief summary of staff input has been attached.
(Attachment 5)
Assistant County Administrator Tierney advised this program has been done in Pennsylvania
and Maryland, and they are shopping around in Virginia for communities to participate in the
program. He is not sure as to whether they have any commitments or not.
Supervisor Forrester advised she was concerned about committing at this time only because
she is a little concerned about the cost; however, she does support things that are going to clean up
the environment. The fact the program supports the elimination of curb and gutters further concerns
her. She advised in her district VDOT has been called to haul away basketball hoops on wheels due
to the children playing in the streets as there are no sidewalks. She is concerned that future
development does not include sidewalks.
Supervisor Tyler advised this is voluntary, you do not have to do all 22 site design principles,
this is up to the Board. Curb and gutter does create some hardships on the environment as well. We
need to be very careful about how we move forward with development in Frederick County with the
impending water quality issues that we have with the Opequon Creek. Weare going to be faced with
some mandated issues if we do not clean up our act with development.
Supervisor Tyler advised she would move for approval to move forward with the process,
we do not have to commit dollars, we do not have to go into this as it has to come back to us.
Chairman Shickle asked for further clarification onjust what is being asked ofthe County.
Assistant Tierney advised it is somewhat of a "catch 22" situation. They are looking to the
Board for some level of commitment, which then allows them to go to the various organizations that
fund them with the ability to say that we have X community that has expressed interest. That
secures their funding, so if we give some level of commitment tonight, we are likely in return to get
a better financial picture from them as to what the county's contribution is expected to be.
Supervisor Tyler advised she would like to move forward with this and explore it further, and
asked for this to be in the form of a motion.
Supervisor Reyes seconded the motion.
Assistant Tierney advised they are requesting an answer by May.
Administrator Riley suggested that a draft resolution be prepared for the next meeting. If
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Board of Supervisors Regular Meeting of 04/09/03
534
commitment is not there at that point, it could be by-passed.
Supervisor Tyler advised if it is the Board's desire to get someone here to present this
formally, it takes about I5 minutes, then maybe they would have a better understanding.
Chairman Shickle advised he was very interested in this topic, but he is not ready to commit.
Supervisor Tyler withdrew her motion, and Supervisor Reyes withdrew his second.
This will be an agenda item at the next meeting with a representative present from Save the
Bay, ifpossible.
3. Miscellaneous Reports
a)Tonnage Report (see Attachment 6)
b)Recycling Report (see Attachment 7)
c)Animal Shelter Dog Report (see Attachment 8)
d)Animal Shelter Cat Report (see Attachment 9)
FINANCE COMMITTEE REPORT
The Finance Committee met in the First Floor Conference Room at 107 North Kent Street
on March 19,2003 at 8:00 a.m. The committee approved items 2 and 3 under consent agenda.
Committee Member Ronald Hottle was absent.
Upon motion made by Supervisor Smith, seconded by Supervisor Forrester, the consent
agenda 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
1. The Fire and Rescue Director requests General Fund budget transfers in the amount of
$81.900. This amount represents funds to be transferred from various line items into the
department's overtime line item. No additional local funds are needed. See attached memo, p. 1.
The committee recommends approval. - Approved
Upon motion made by Supervisor Smith, seconded by Supervisor Reyes, the above request
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
2. The Sheriff requests a General Fund supplemental appropriation in the amount of
$641.42. This amount represents the department's share in recent drug forfeitures/seizures. It is
Minnte Book Number 28
Board of Supervisors Regular Meeting of 04/09/03
535
requested that these funds be appropriated to line item 3102-5413-000-007 Forfeited Property -
Surplus. No additional local funds are needed. See attached memo, p. 2-5. The committee
recommends approval. - Approved Under Consent Agenda
3. The Sheriff requests a General Fund supplemental appropriation in the amount of
$200.00. This amount represents a donation and is requested to be appropriated into line item 3102-
5413-000-001 Drug Program. No additional local funds are needed. See attached memo, p. 6. The
committee recommends approval. - Approved Under Consent Agenda
4. The Public Works Department requests approval of a new cellular phone. This new
phone contract will be for the newly hired environmental inspector. The phone will be purchased
with current funds in the Engineering budget, therefore, no additional local funds are needed. See
attached memo, p. 7. The committee recommends approval. - Approved
Upon motion made by Supervisor Smith, seconded by Supervisor Tyler, the above request
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
5. The Jail Superintendent requests a Jail Fund supplemental appropriation in the amount
of $8.577.00. This amount represents an insurance reimbursement and is requested to be
appropriated into line items 3301-3004-000-003 Repair and Maintenance - Buildings and Grounds
and 3301-5407-000-000 Repair and Maintenance Supplies. No additional local funds are needed.
See attached memo, p. 8-9. The committee recommends approval. - Approved
Upon motion made by Supervisor Smith, seconded by Supervisor Sager, the above request
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
6. A Finance Committee member is requesting that the committee consider categorical
funding and annual budget reporting for the School Board's budget. See attached copy, p. 10. The
Finance Committee recommended that the Board of Supervisors direct the Finance Committee to
meet with the appropriate committee from the school system to discuss financial reporting and future
budget methods. School categorical funding was also discussed.
Chairman Shickle advised he would take the lead with this and be in touch with the Board
members serving on the Finance Committee.
***For Information Only***
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Board of Supervisors Regular Meeting of 04/09/03
536
1. The Finance Director is providing a report on fund balance. See attached memo, p. 11-
12.
PUBLIC HEARING
PUBLIC HEARING - OUTDOOR FESTIVAL PERMIT - REOUEST OF LESLIE R.
MCKEE. PURSUANT TO THE FREDERICK COUNTY CODE. CHAPTER 86.
FESTIVALS: SECTION 86-3C. PERMIT REQUIRED: APPLICATION: ISSUANCE
OR DENIAL: FOR AN OUTDOOR FESTIVAL PERMIT FOR MCKEE'S TRAIL
RIDE. FESTIVAL TO BE HELD ON SATURDAY. MAY 24. 2003. ON PROPERTY
OWNED BY LESLIE R. MCKEE. 299 OPEQUON WOODS CIRCLE.
STEPHENSON. VA-APPROVED
Administrator Riley presented this request.
There was no public comment.
Upon motion made by Supervisor Tyler, seconded by Supervisor Smith, the Outdoor Festival
Permit request of Leslie R. McKee 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
Supervisor Tyler asked about these types of requests being brought before the Board as it is
that time ofthe year again. She feels they are pretty routine and asked ifthere was some other means
of processing them rather than each one having to be brought before the Board.
Administrator Riley advised that he would check into this, as some of these requests do
require a public hearing based upon what is being requested.
PLANNING COMMISSION BUSINESS
REZONING #04-03 OF RONALD AND VELMA SIMKHOVITCH TO REZONE 6.37
ACRES FROM B3 (INDUSTRIAL TRANSITION) TO B2 (BUSINESS GENERAL).
THIS PROPERTY IS LOCATED AT THE INTERSECTION OF MARTINSBURG
PIKE (ROUTE 11) AND PARK CENTER DRIVE (ROUTE 1323) AND IS
IDENTIFIED WITH PROPERTY IDENTIFICATION NUMBER 54A-1-A IN THE
STONEWALL MAGISTERIAL DISTRICT. (CONTINUED FROM MARCH 10.2003
BOARD MEETING - APPROVED
Planner II Jeremy Camp advised the Board that on March 10, the Board deferred action on
this request in order to give the property owners time to remove all tractor truck trailers from the
premises. Since that time the majority of these tractor truck trailers have been removed. He further
advised that as of April 1, the property remained in violation of the Zoning Ordinance due to the
presence of29 tractor truck trailers; however, as of this date all have been removed from the site.
Minute Book Number 28
Board of Supervisors Regular Meeting of 04/09/03
537
Upon motion made by Supervisor Tyler, seconded by Supervisor Douglas, rezoning #04-03
of Ronald and Velma Simkhovitch 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
PUBLIC HEARINGS
PUBLIC HEARING - REZONING #02-03 OF THE WINCHESTER MEDICAL
CENTER. SUBMITTED BY CLIFFORD & ASSOCIATES. INC. TO REZONE
50.0540 ACRES FROM (BUSINESS GENERAL) WITH REVISED PROFFERS. AND
51.9676 ACRES FROM RA (RURAL AREAS) TO MS (MEDICAL SUPPORT). THIS
PROPERTY IS LOCATED NORTH AND ADJACENT TO ROUTE 50 WEST AND
ADJACENT TO ROUTE 37. AND IS IDENTIFIED WITH PROPERTY
IDENTIFICATION NUMBER 53-A-68 IN THE GAINESBORO MAGISTERIAL
DISTRICT - APPROVED
Deputy Planning Director Chris Mohn presented this request to the Board advising this is to
rezone 50.0540 acres from B2 (Business General) to B2 (Business General) with revised proffers,
and 51.9676 acres from RA (Rural Areas) to MS (Medical Support). He further advised that
transportation has been the main issue with this request. He further advised that the Planning
Commission does recommend approval.
Supervisor Forrester stated that it appears the question that was raised by Fire and Rescue
has been addressed based on what has been reported by the Fire Marshal.
Chuck Maddox with G.W. Clifford Associates appeared before the Board to respond to this
question. He advised he was at a loss to understand the comment by the Fire Marshal as the tank
is not designed for that. It is not normally at half capacity.
Supervisor Forrester referred to Section VIII, page 12, under Water and Sewer. It says that
the applicant states that the Route 50 corridor is to be served by a regional sewer pump. She asked
for a definition ofregional.
Mr. Maddox advised the pump would be located near Route 50, near the 37 ramp, and who
would be served by the pump. It is regional in area, not regional in other localities.
Supervisor Forrester inquired about the installation ofthe production well on the medical site,
asked whether that is necessary in order for the design to work?
Mr. Maddox replied no.
Minute Book Number 28
Board of Supervisors Regular Meeting of 04/09/03
538
Chairman Shickle advised that he was sort of blinded by the RA to MS and did not notice
the B2 to B2 with proffer adjustments. He addressed the proffers, and the fact there is no mention
of altered or deleted proffers from the original. Did staff confirm that any and all proffers on the
original 50.05 are in here. He apologized for the lateness, but it is important to him to know that
they are in the document.
Deputy Mohn advised that staff did confirm, and there are some subtle changes, that through
the process, since the Planning Commission meeting, that were made to the proffers, but otherwise
they are completely consistent.
Supervisor Reyes referred to page 13 and the comment made by the Fire Marshal concerning
the proffer not being adequate to relieve the capitol facilities impact.
Deputy Mohn advised the applicant has proffered $25,000 in addition to the net positive
fiscal gain represented in this application to fire and rescue services, which is about 5 cents per
square foot of commercial development.
Mr. Maddox advised that in order to service the Round Hill Community and the WWW site
another water pressure zone will have to be created which will involve the water storage tank.
Supervisor Forrester asked what the anticipated build out time is on this project?
Deputy Mohn advised in the Transportation Impact Analysis it shows basically a 10 to 12-
year build out, as it goes through 2012, and is in two phases. The first running to 2006 with the
second being through 2012. The applicant is thinking perhaps as long as 20 to 30 years for the entire
site.
VDOT Assistant Resident Engineer Ben Lineberry advised when the traffic impact analysis
was done they projected a growth rate that is expected for Route 50, somewhere in the 5% range.
He further advised that it appears in 2006 a lot of your cross traffic, such as Route 803, and also your
offramps, these would degrade to a level service D during a.m. and p.m. peak hours.
Supervisor Forrester asked, in the future, ifthe County was given permission for the western
access for Route 37, by the CTB, who would make those improvements, who would be responsible
fiscally?
Assistant Lineberry replied it would not be VDOT.
Mr. Maddox advised that the Medical Center is committed to this western access at some
Minute Book Number 28
Board of Supervisors Regular Meeting of 04/09/03
539
point. The right-of-ways have been negated as part oftheir negotiation to build it from this site.
Supervisor Forrester stated that it is not clear then in these proffers who is going to pick this
cost up in the future, if the CTB approves western access, is that what she is hearing?
Mr. Maddox advised there is a clear commitment to make this a reality as far as the proffers
are concerned.
Supervisor Forrester asked what is the estimate for the cost of the access?
Deputy Mohn advised he did not feel there were any cost estimates at this time, as he did not
feel it had been studied in detail, although perhaps Assistant Lineberry could give some estimates
to the cost.
Assistant Lineberry advised that the interchange itself, when it was built, was somewhere in
the 6 to 7 million dollar ballpark for the entire interchange that you see there today. He feels the
modifications could be somewhere in the 1 to 2 million dollar range.
Supervisor Forrester asked if permission is not given by the CTB for this western access,
have there been plans to improve Route 50 and some of these other roads, is there an alternative
plan?
Assistant Lineberry advised not at this time. What has been done through the proffers is
there will be a limit to the amount of vehicles per day that are going to be allowed to have access to
Route 50. At the 14,000 per day that would prevent any further deterioration of Route 50 unless the
other options can be proven out through a traffic impact analysis.
Chuck Maddox advised the Medical Center is genuinely interested in quality transportation,
and they have made the decision and they are voluntarily limiting themselves to 14,000 trips per day
even though they have the right to do 20,000, and study the situation at that point. They are bringing
a proposal that is better than the one that is on the books as far as transportation is concerned. He
advised how and when the count would be done in order to make sure it does not go over the figure.
Supervisor Forrester inquired as to whether the current proffers are written in such a way that
the condition that Assistant Lineberry referred to will be taken care of.
Attorney Ambrogi advised it has been some time since he has seen it, but it would have to
be written in such a way in order for this to be covered.
Deputy Mohn advised that Assistant County Attorney Cook had reviewed the proffer
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Board of Supervisors Regular Meeting of 04/09/03
540
statements and they are in order.
Victor Riggleman, Back Creek District, representing Round Hill Fire and Rescue Company,
appeared before the Board to address the impact of this development upon Round Hill Fire and
Rescue. He advised the Company appreciates all donations given by the County, but they do not feel
the proffer amount as outlined for this project adequately addresses the impact on the Round Hill
Fire and Rescue Company.
Eds Coleman, local attorney, appeared before the Board on behalf of Nancy Johnson,
property owner immediately to the west of this property, approximately 3 acres. She is not opposed
to this rezoning; however, she is concerned ofthe affect on her and having access to her property in
the future.
Supervisor Reyes asked staff if someone could respond to Mr. Coleman's concerns on behalf
of Ms. Johnson.
Mr. Maddox advised he is aware ofthe situation and knows it is being worked on. This will
continue to be discussed.
Supervisor Reyes advised that he does have some concerns about this request with regard to
traffic and the impact on Fire and Rescue; however, he will move to approve.
Supervisor Sager seconded the motion.
The above motion was approved by the following recorded vote:
Richard C. Shickle - Aye
W. Harrington Smith, J1'. - Aye
Robert M. Sager - Aye
Margaret B. Douglas - Aye
Sidney A. Reyes - Aye
Lynda 1. Tyler - Aye
Gina A. Forrester - Nay
PUBLIC HEARING - 2003-2004 CAPITAL IMPROVEMENTS PLAN (CIP). THE
CIP IS A PRIORITIZED LIST OF CAPITAL PROJECTS REOUESTED BY
VARIOUS COUNTY AGENCIES. TO BE REVIEWED FOR POTENTIAL
ALLOCATION IN THE ENSUING FIVE-YEAR PERIOD. THE PLAN IS
CREATED AS AN INFORMATION DOCUMENT TO ASSIST IN THE
DEVELOPMENT OF THE COUNTY'S ANNUAL BUDGET. THE CIP IS AN
ADVISORY DOCUMENT; PROJECTS ARE NOT NECESSARILY FUNDED
BECAUSE OF THEIR INCLUSION IN THE CIP - APPROVED
Deputy Planning Director Mohn presented this plan to the Board advising them that a revised
CIP table has been presented wherein capital projects are organized by department in the order in
which they were originally requested. He further advised although each project is assigned a county
Minute Book Number 28
Board of Supervisors Regular Meeting of 04/09/03
541
priority, the modified format effectively emphasizes departmental priorities rather than the
countywide prioritization initially proposed by the Comprehensive Plans and Programs
Subcommittee (CPPS). The agencies involved with this matter have indicated that the revised table
format generally resolves their immediate concerns with the proposed 2003-2004 CIP. He further
advised that the Planning Commission unanimously recommended approval of the proposed 2003-
2004 CIP at its March 5, 2003 meeting. He further advised that the total cost associated with the
proposed CIP is estimated to be $113.4 million of which $35.9 million is estimated debt service.
Supervisor Reyes thanked Deputy Mohn for his efforts with this plan.
No public comments.
Upon motion made by Supervisor Sager, seconded by Supervisor Douglas, the CIP for 2003-
2004 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
OTHER PLANNING ITEMS
DISCUSSION OF WWW. L.C. REOUEST FOR EXPANSION OF SEWER AND
WATER SERVICE AREA (SWSA) - TO BE SCHEDULED FOR PUBLIC HEARING
Senior Planner Kennedy advised staff has received a request from G.W. Clifford and
Associates, Inc. on behalf of WWW, L.C., owners of approximately 71 acres of land, for an
expansion to the Sewer and Water Service Area (SWSA). The property is located north and adjacent
to Route 50 West, approximately 1,700 feet west ofthe Route 50/Route 37 interchange. She further
advised the applicants have requested to expand the Sewer and Water Service Area (SWSA) to
include approximately 50 acres ofthe entire 71 acre (WWW, L.C.) Tract, currently zoned RA (Rural
Areas) District. Approximately 21 acres of the site are presently located within the SWSA.
Supervisor Reyes moved, with Supervisor Sager seconding the motion, to advertise this
request for public hearing.
Supervisor Forrester asked if we are scheduling the request for the expansion ofthe sewer
and water?
Chairman Shickle replied yes.
Minute Book Number 28
Board of Supervisors Regular Meeting of 04/09/03
542
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 - Nay
DISCUSSION OF DRAFT LAND USE PLAN FOR TOWN OF STEPHENS CITY -
TO BE DISCUSSED AT A LUNCHEON WORKSESSION TO BE SCHEDULED
Administrator Riley presented this information to the Board advising that staff from the
County and the Town of Stephens City have put together a tentative Land Use Plan, and before a
joint meeting would be scheduled with Town Council, staff wants to know ifthey are moving in the
right direction.
Chairman Shickle asked about the time for public comment, would that be at the joint
meeting?
Administrator Riley advised he would like to get the Town and the Board together to talk
about what is here, and then schedule ajoint public hearing with both bodies to receive comment.
Chairman Shickle stated that perhaps he did not know where this road was, but he thought
it went through Chadwell's land and it is pretty far north of that. Did it change or did he not know
where it was?
Administrator Riley advised this is a concept. Everything on this piece of paper is very fluid.
They are trying to show a bypass around the Town and a tentative relocation of an interchange as
far as the transportation plan. Where this road ends up is the Board and Town's prerogative as to
how all that works out.
Chairman Shickle asked if this road had always been shown here, or has it changed?
Administrator Riley advised that he thought it was a little further west and a little further
north. It came out of Shady Elm Road and came down Route 37 and went to the west ofthe Town.
Director Lawrence advised that on the current Route 11 Land Use Plan, there are two roads,
one does go across the Chadwell Property. The major link road is the one that is very similar
location to the one you see on this Land Use Plan. There are two roads.
Administrator Riley advised he would like for the two bodies to meet, air their concerns, talk
about what is here. The next step after that would be ajoint public hearing.
Minute Book Number 28
Board of Supervisors Regular Meeting of 04/09/03
543
Chairman Shickle advised he did not have any problems with the land uses as depicted;
however, he does not feel the road is practical, as he does not feel it will ever get built as shown.
From what he is hearing from the landowners they seem to be pretty much in agreement, and could
find some comfort with this plan, if they were worked with.
Supervisor Tyler asked Assistant Tierney and Director Lawrence about what was being
shown and whether or not these were what the Town of Stephens City are in agreement with?
Assistant Tierney advised the categories are kind of generic. A clear definition would have
to be determined for those that are different from ours.
Supervisor Tyler moved, with Supervisor Douglas seconding the motion, for Administrator
Riley to set up a joint meeting/worksession between the two governing bodies.
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
ANNUAL REPORTS
DEPARTMENTAL ANNUAL WORK PROGRAMS RECEIVED AS INFORMATION
Chairman Shickle advised there are some areas to look at and they should almost be
categorized within these departmental budgets and so noted as some issues the Board wants to look
at. They could be some certain "time killers" for certain departments.
Administrator Riley advised that staff is very much on track as to what the Board wants to
look at next year on fiscal impact, fee for service, whatever they may be, these have been targeted
items.
BOARD OF SUPERVISORS COMMENTS
Chairman Shickle advised inasmuch as the Budget has been finalized for this year, he was
wondering about the By-Laws that have been sort of put on hold.
Administrator Riley advised he would like to schedule a luncheon/worksession in May to go
ahead and discuss the By-Laws as drafted with all the comments he has received. Once these are
adopted by the Board they will be part of the agenda for every meeting as far as being able to be
Minute Book Number 28
Board of Supen'isors Regular Meeting of 04/09/03
544
referred to.
Supervisor Forrester stated that she would like to wish Charlotte Eller, reporter with the
Northern Virginia Daily, well in her new position with the Daily. Ms. Eller had already left the
meeting, but the message will be conveyed to her. This was in form of a motion that was seconded
by Supervisor Reyes and passed 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
Administrator Riley thanked Board members for all their time and assistance in working
through this years' budget.
THERE BEING NO FURTHER BUSINESS TO COME BEFORE THIS BOARD,
THIS MEETING IS HEREBY ADJOURNED. (TIME: 9:53 P.M.)
n (I ';.' Q"r~~
\~~~>
Richard C. Shickle
Chairman, Board of Supervisors
JOh~~ "
Clerk, Board of Supervisors
Minutes Prepared By:
l.n>r-...L t: v{,.. IHA)
Carol T. Bayliss I
Deputy Clerk, Board of Supervisors
Minute Book Number 28
Board of Supervisors Regular Meeting of 04/09/03