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HomeMy WebLinkAboutMay 28, 2003 Regular Meeting 641 A Regular Meeting ofthe Frederick County Board of Supervisors was held on May 28, 2003 at 6:45 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 1. Tyler. CALL TO ORDER Chairman Shickle called the meeting to order. BOARD RETIRES INTO CLOSED SESSION Upon motion made by Supervisor Smith, seconded by Supervisor Sager, the Board retired into Closed Session in accordance with the Code of Virginia, 1950, as amended, Section 2.2-3711 Subsection A, (3) to Discuss Acquisition and Disposition of Real Estate, Prospective Land for Convenience Sites within the County. The above motion was approved by the following recorded vote: Richard C. Shickle - Aye Robert M. Sager - Aye Sidney A. Reyes - Aye Gina A. Forrester - Aye W. Harrington Smith, Jr. - Aye Margaret B. Douglas - Aye Lynda 1. Tyler - Aye BOARD WITHDREW FROM CLOSED SESSION Upon motion made by Supervisor Smith, seconded by Supervisor Forrester, the Board withdrew from Closed Session. The above motion was approved by the following recorded vote: Richard C. Shickle - Aye Robert M. Sager - Aye Sidney A. Reyes - Aye Gina A. Forrester - Aye W. Harrington Smith, Jr. - Aye Margaret B. Douglas - Aye Lynda 1. Tyler - Aye BOARD RECONVENED INTO REGULAR SESSION Upon motion made by Supervisor Smith, seconded by Supervisor Forrester, the Board reconvened into Regular Session, and certified nothing other than what was noted as reason for going into Closed Session was discussed. Minute Book Number 28 Board of Supervisors Regular Meeting of OS/28/03 642 The above motion was approved by the following recorded vote: Richard C. Shickle - Aye Robert M. Sager - Aye Sidney A. Reyes - Aye Gina A. Forrester - Aye W. Harrington Smith, Ir. - Aye Margaret B. Douglas - Aye Lynda J. Tyler - Aye 7:15 P.M. - REGULAR MEETING - CAIJL TO ORDER INVOCATION The invocation was delivered by Reverend Ruth Cmm ofthe Church ofthe Good Shepherd. PLEDGE OF ALLEGIANCE ADOPTION OF AGENDA 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 Robert M. Sager - Aye Sidney A. Reyes - Aye Gina A. Forrester - Aye W. Harrington Smith, Ir. - Aye Margaret B. Douglas - Aye Lynda J. Tyler - Aye CONSENT AGENDA Administrator Riley suggested the following tabs for approval under consent agenda: 1. Letter of Support - Frederick-Winchester Service Authority Environmental Award - Tab F; 2. Parks and Recreation Commission Report - Tab H. Upon motion made by Supervisor Forrester, seconded by Supervisor Smith, the consent agenda was approved by the following recorded vote: Richard C. Shickle - Aye Robert M. Sager - Aye Sidney A. Reyes - Aye Gina A. Forrester - Aye W. Harrington Smith, Ir. - Aye Margaret B. Douglas - Aye Lynda J. Tyler - Aye CITIZEN COMMENTS Sam Lehman, Back Creek District, addressed impact modeling, and some information he had seen recently referencing impact modeling and what they had to say about adjusting the cost of Minute Book Number 28 Board of Supervisors Regular Meeting of OS/28/03 643 County services for a 3% inflation rate. The U.S. inflation rate is about 3.14% and has been for the last twenty years, but that has nothing to do with Frederick County's impact modeling. He feels the rate of growth of our expenditures is what has to do with the County's impact modeling. He feels sufficient information has not been provided in these reports. David Hurd, Stonewall District, referred to a report from a recent meeting of the County Public Works Committee and a request received by the County from certain residents from Shenandoah County requesting to use the Star Tannery drop off site, who may be willing to pay something for this convenience. Referred to a quote in the article from Supervisor Tyler, and the fact that she did not want to get involved with bringing citizens from other localities to our dumpster sites. He further stated that his trash is dumped off at the Clearbrook site and when he was there yesterday, on each side of him, was a truck with West Virginia license unloading construction trash at the site. He feels the County is missing a revenue opportunity here. He feels the request ofthose citizens from Shenandoah County needs to be looked into further. Pam Kennedy, Gainesboro District, addressed the Board's proposed Rules of Procedures. People need to be heard and they should be heard by the Board unfettered. Referred to guidelines that were spelled out as to the type of behavior that would not be tolerated during Citizen Comment portion of agenda. She felt wording should have been different from what is being proposed. She told the Board that when they chose to wear the mantel of public official, that good and bad come with the territory, like it or not, that is hallmark of democracy. She also addressed the meaning of public meetings, and her thoughts on this. Bill Shepherd, Gainesboro District, addressed the area of dumpster sites within the County stating that he has seen West Virginia and Maryland tags at the Gainesboro sites. He also addressed the Rules Of Procedures that are being proposed by the Board, and asked why is the Board doing this. He feels it is another attempt to cut off citizen input to the Board. Kevin Kennedy, Gainesboro District, also referred to the Rules of Procedure that are being proposed by the Board. He feels we should all work toward being nice to each other and get along, that is a great goal. He asked why these are being presented now? He referred to past meetings of the Board where certain Board Members were on the receiving end of rude and sometimes vicious remarks. He asked why these Rules of Procedure were not put into place at that time. MINUTES Minute Book Number 28 Board of Supervisors Regular Meeting of OS/28/03 644 Upon motion made by Supervisor Smith, seconded by Supervisor Douglas, the minutes ofthe Budget Worksession of March 31, 2003, were approved by the following recorded vote: Richard C. Shickle - Aye Robert M. Sager - Aye Sidney A. Reyes - Aye Gina A. Forrester - Aye W. Harrington Smith, Jr. - Aye Margaret B. Douglas - Aye Lynda 1. Tyler - Aye COMMITTEE APPOINTMENTS KEVIN KENNEDY APPOINTED TO BOARD OF ASSESSORS FROM GAINESBORO DISTRICT Upon motion made by Supervisor Reyes, seconded by Supervisor Tyler, Kevin Kennedy was appointed to the Board of Assessors from Gainesboro District. The above appointment was approved by the following recorded vote: Richard C. Shickle -Nay Robert M. Sager - Aye Sidney A. Reyes - Aye Gina A. Forrester - Aye W. Harrington Smith, Jr. - Aye Margaret B. Douglas - Aye Lynda J. Tyler - Aye ANDREW D. LANDRUM APPOINTED TO BOARD OF ASSESSORS FROM SHAWNEE DISTRICT Upon motion made by Supervisor Smith, seconded by Supervisor Douglas, Andrew D. Landrum was appointed to the Board of Assessors from Shawnee District. The above motion was approved by the following recorded vote: Richard C. Shickle - Aye Robert M. Sager - Aye Sidney A. Reyes - Aye Gina A. Forrester - Aye W. Harrington Smith, Jr. - Aye Margaret B. Douglas - Aye Lynda 1. Tyler - Aye JUNE M. WILMOT APPOINTED TO LORD FAIRFAX COMMUNITY COLLEGE BOARD Upon motion made by Supervisor Tyler, seconded by Supervisor Smith, June M. Wilmot was appointed to Lord Fairfax Community College Board. This is a four-year term. The term will commence on July 1,2003, and expire on June 30, 2007. The above motion was approved by the following recorded vote: Minute Book Number 28 Board of Supervisors Regular Meeting of OS/28/03 645 Richard C. Shickle - Aye Robert M. Sager - Aye Sidney A. Reyes - Aye Gina A. Forrester - Aye W. Harrington Smith, Jr. - Aye Margaret B. Douglas - Aye Lynda J. Tyler - Aye TANYA HOLLIDAY REAPPOINTED TO THE LORD FAIRFAX EMERGENCY MEDICAL SERVICES COUNCIL (EMS) Upon motion made by Supervisor Sager, seconded by Supervisor Forrester, Tanya Holliday was reappointed to the Lord Fairfax Emergency Medical Services Council (EMS). This is a three- year term. The term will begin on June 30, 2003, and expire on June 30, 2006. The above motion was approved by the following recorded vote: Richard C. Shickle - Aye Robert M. Sager - Aye Sidney A. Reyes - Aye Gina A. Forrester - Aye W. Harrington Smith, Jr. - Aye Margaret B. Douglas - Aye Lynda J. Tyler - Aye REQUEST FROM THE COMMISSIONER OF THE REVENUE FOR REFUNDS RE: EXONERATIONS-APPROVED Administrator Riley presented this request to the Board. Upon motion made by Supervisor Sager, seconded by Supervisor Douglas, the following refunds were approved: 1. NILT, Inc. $ 4,672.96 2. U.S. Bancorp Equipment Finance Inc. 3,446.88 3. Winchester Anesthesiologists, Inc. 18,639.89 4. Ikon Office Solutions 2,736.24 The above motion was approved by the following recorded vote: Richard C. Shickle - Aye Robert M. Sager - Aye Sidney A. Reyes - Aye Gina A. Forrester - Aye W. Harrington Smith, Jr. - Aye Margaret B. Douglas - Aye Lynda J. Tyler - Aye DRAFT OF BOARD OF SUPERVISORS' RULES OF PROCEDURES - APPROVED AS AMENDED Upon motion made by Supervisor Sager, seconded by Supervisor Reyes, the following Draft Minute Book Number 28 Board of Supervisors Regular Meeting of OS/28/03 646 of the Board of Supervisors' Rules of Procedure was approved, as amended: RULES OF PROCEDURE FREDERICK COUNTY BOARD OF SUPERVISORS Adopted by the Frederick County Board of Supervisors at a Regular Meeting Held on May 28, 2003 ARTICLE I - MEETINGS Section 1-1. Annual Meetint:: Schedule of Rel!:ular Meetin~s On the second Wednesday of January of each year, or on such other date in the month of January as it may designate, the Board shall assemble in the Board of Supervisors' Meeting Room of the County Administration Building, 107 North Kent Street, Winchester, Virginia, or such other public place as it may designate, in regular session and conduct its annual or organizational meeting. During the course of such meeting, the Board shall fix the date, time, and place of all of its regular meetings during the ensuing calendar year, and shall fix the day on which a regular meeting shall be continued should the Chairman later declare that weather or other conditions make it hazardous for members to attend. Thereafter, no changes shall be made to the schedule of regular meetings and continued dates of same unless the requirements of Section 15.2-1416 ofthe Code of Virginia, 1950, as amended, are first met. Section 1-2. Special Meetint:s The Board of Supervisors may hold such special meetings as it deems necessary and at such times and places as it may find convenient. A special meeting can only be called pursuant to the requirements imposed by Sections 15.2-1417 and 15.2-1418 of the Code of Virginia, 1950, as amended. Section 1-3. Adjourned Meetin~s Upon majority vote of the members attending, the Board may COllt~llu"" adiourn its meetings, regular or special, from time to time as it may find convenient or necessary with no requirement too further advertise or announce. Section 1-4. Quorum and Method ofVotinl!: At any meeting, a majority of the Supervisors shall constitute a quorum. All questions submitted to the Board for decision shall be determined by a majority vote ofthe Supervisors present and voting on any such question, unless otherwise provided by law or these Rules of Procedure. The name of each member voting and how he or she voted will be recorded for each action taken by the Board of Supervisors. The Board of Supervisors has elected not to have a tiebreaker, as provided for by the Code of Virginia, 1950, as amended. Section 1-5. Motions Subject to limitations imposed hereafter in these rules, discussion of items on the agenda shall be permitted for purposes of clarifying the issues and/or the options available for consideration. No call for a vote shall be allowed until a member ofthe Board moves a specific action with reasonable clarity and each member of the Board has thereafter had an opportunity to speak to the specific motion. Motions shall require a second. When possible, Board members making complex, multi- part, or lengthy motions are requested to provide the clerk with a written copy of the motion at the time the motion is made. Minute Book Number 28 Board of Supervisors Regular Meeting of OS/28/03 647 Section 1-6. Motion to Adjourn At a meeting ofthe Board, a motion to adjourn shall always be in order and shall be decided without debate, provided each member of the Board is given a reasonable opportunity to be heard. Section 1-7. Motions While a Ouestion is Under Debate When a motion is under debate at a meeting of the Board, no motion shall be received unless it is one to amend, to commit, to p06tl'Vlle, to refer to committee. for the previous question, for a substitute motion to lay on the table, or to adjowll recess or adiourn. Section 1-8. Reconsideration of Motions. Etc.. Upon Which Vote Has Been Announced At any meeting of the Board, when any vote upon any motion, resolution, ordinance, or question has been previously announced, it may not be reconsidered unless and until a motion to that effect is presented by a member of the Board who previously voted with the prevailing side when such motion, resolution, ordinance, or question was considered. Any such motion to reconsider shall be decided by a majority vote of the members present at the time such motion to reconsider is presented. Section 1-9. Robert's Rules of Order: Suspendint: Rules The proceedings of the Board of Supervisors, except as otherwise provided in these rules and by applicable State law, shall be governed by Robert's Rules of Order, Simplified and Applied. These Rules of Procedure ofthe Board may only be suspended on presentation of a motion to that effect, which is carried by Ull",";mou", maiority vote ofthe members present and voting. Section 1-10. Board to Sit with Open Doors The Board of Supervisors shall sit with open doors, and all persons conducting themselves in an orderly manner may attend the meetings. However, the Board may hold closed meetings as permitted by law. Closed meetings may be placed on the agenda, or may be requested by any member of the Board. However, no closed meeting shall be convened unless and until the Board has favorably acted on a motion to so convene, and then, only if such motion accurately states a lawful reason for such closed meeting as permitted by and outlined in Section 2.2-3711 of the Code of Virginia, 1950, as amended. Section 1-11. Limitations on Duration and Hour of Meetinlls: Adjournment Meetings ofthe Board of Supervisors shall not continue for more than 3- :l:consecutive hours or later than t(r.OO 11 :00 P.M. without the consent of a majority ofthe members present. Should it appear to the Chair that the matter or matters before the Board cannot be heard within the time remaining, the Chair shall poll the members of the Board to determine the desire of the members. The Chair shall adjourn or recess the meeting upon final action on the current agenda item unless a majority of the members agree to exceed the limits established by this section. Any items not taken up by the Board of Supervisors prior to adjourning will be added to the agenda of the next meeting without further action of the Board. ARTICLE II - OFFICERS Section 2-1. Chairman and Vice Chairman At the annual or organizational meeting ofthe Board of Supervisors, as described in Section 1-3 hereof, the Board shall elect from its membership a Vice Chair, whom shall serve for a one year term expiring on December 31st of the same year in which he or she is elected; provided, however, that unless the term of office has expired and the member has not been re-elected, the Vice Chair shall Minute Book Number 28 Board of Supervisors Regular Meeting of OS/28/03 648 scrve until their respective successor(s) shall have been elected and qualify. In the event that the Chair is absent from any meeting, the Vice Chair shall assume the authority and duties of the Chair. In the event the Chair and Vice Chair are absent from any meeting of the Board, then the members present at such meeting shall choose one oftheir number as temporary Chair by majority vote of the members present and voting. Section 2-2. Authority of the Chairman The efficient and dignified conduct of public business is the ultimate concern of the Board. Accordingly, it is the policy of the Board that its meetings be conducted with the highest degree of order and decorum, and the Board will permit no behavior, which is not in keeping with this policy. The Chairman shall preserve order and decorum at all meetings. He shall recognize persons desiring to speak and shall ensure that speaker's comments are limited to the issue before the Board for consideration and that any limitations on time are observed. The Chairman shall ensure that all persons entitled and desiring to speak are permitted to do so without interruption or comment during their presentation. The Chair shall determine if statements are demeaning, inappropriate, or out of order, and shall have the authority to revoke the speaker's right to continue. The Chairman may order the expulsion of any person for violation of rules, disruptive behavior, or any words or action that incite violence or disorder, subject to appeal to the Board. Any person so expelled shall not be readmitted for the remainder of the meeting from which he was expelled. Any person who has been so expelled and who at a later meeting again engages in words or actions justifying expulsion may be barred from attendance at future meetings of the Board for a specified and reasonable period of time not to exceed six months or upon a still subsequent expulsion, a period not to exceed one year, either by the Chairman, subject to appeal to the Board, or by motion passed by the Board. The Chairman shall have the power to administer an oath of honesty to any person concerning any matter submitted to the Board or connected with its powers and duties. The power to administer an oath granted to the Chair in this section shall be no greater than the same power authorized by Section 15.2-1410 of the Code of Virginia, 1950, as amended. Section 2-3. Clerk The Clerk ofthe Board shall be the County Administrator, and the duties and responsibilities of that position shall be as specified in Sections 15.2-407 and 15.2-1539 ofthe Code of Virginia, 1950, as amended. At the discretion ofthe Board, any county employee can be designated as Deputy Clerk, or Temporary Clerk, as the circumstances may require, and said employee shall have the same powers and duties outlined herein for the duration of said appointment. ARTICLE III - AGENDA Section 3-1. Preparation The Clerk shall prepare an agenda for each meeting ofthe Board of Supervisors, conforming to the order of business specified in Section 4-1 under Order of Business. Supporting information for every item to be placed on the regular meeting agenda shall be received in the Office of the County Administrator before noon on the Thursday that falls in the week immediately prior to the regularly scheduled Board meeting. Agendas for special meetings shall be prepared as far in advance as the circumstances necessitating the special meeting allow. The clerk shall include on the agenda all matters for which a written request and supporting information have been received in advance of the deadline herein established. Section 3-2. Deliverv Each member ofthe Board shall receive the regular meeting agenda, along with the supporting information available to staff, on the Friday ofthe week prior to the regular meeting to be held on the second and fourth Wednesdays of each month. Special meeting agendas and supporting information Minute Book Number 28 Board of Supervisors Regular Meeting of OS/28/03 649 will be delivered as far in advance as the circumstances necessitating the special meeting allow. Section 3-3. Postin{! and Notice A copy of the meeting agendas shall be made available in the Office of the County Administrator, as of the date and time the information is distributed to members of the Board. Agendas will also be posted on the county web page at www.co.frederick.va.us. both outside entrances to the Board of Supervisors' meeting room. the main interior doors to the meeting room, and outside the Countv Administrator's office. Section 3-4. Conies The Clerk or Deputy Clerk ofthe Board shall prepare or cause to be prepared extra copies of the agenda and supporting information and shall make the same available to the public, libldiy, The Handley Regional Library located at Braddock and Piccadilly Streets, Winchester, Virginia, and the Bowman Librarv located at 871 Tasker Road. Stephens City. Virginia at the same time the agenda is posted pursuant to Section 3-3, above. Individuals desiring complete copies of agenda packages shall arrange with the Clerk for the delivery and cost ofthe information desired. The Clerk or Deputy Clerk shall also have a copy of agenda packets available at each meeting. ARTICLE IV - CONDUCT OF BUSINESS Section 4-1. Order of Business At meetings ofthe Board, the order of business should be as follows: Closed Session (When Required) Call to Order Invocation Pledge of Allegiance Adoption of Agenda Consent Agenda Citizen Comments Board of Supervisors Comments Minutes County Officials Public Hearings (When Required) Planning Commission Items-Public Hearings (When Required) Planning CommissionlDepartment-Other Items Committee Reports Liaison Reports (If Anv) Board of Supervisors Comments Closed Scssion (whctl lcyu;,,,,,d) Adjournment Section 4-2. Adoption of Al:enda The agenda presented for adoption shall be the agenda prepared and delivered as required in Article III. Additions, deletions, or modifications and/or adoption of to the agenda shall require the consent of a majority of the members of the Board present at the meeting. Section 4-3. Consent A{!enda The Consent Agenda shall be introduced by a motion "to approve the Consent Agenda", and shall be considered by the Board as a single item. There shall be no debate or discussion by any member ofthe Board regarding any item on the Consent Agenda, beyond asking questions for simple clarification. On objection by any member of the Board of Supervisors to inclusion of any item on the Minute Book Number 28 Board of Supervisors Regular Meeting of OS/28/03 650 Consent Agenda, that item shall be removed from the Consent Agenda forthwith. Such objection may be recorded at any time prior to completing the taking of a vote on the motion to approve the Consent Agenda. Items which have been objected to and removed from the Consent Agenda shall Lc lllv v "".1 to the Cen"ty OfLe-ials section on the- agend" ,,".1 'u"" GOllsidel"".1 ~11.1~ v ;dudlly and in tile ordel in which they w",,, vLj""Gt~d to. be acted upon in the original order presented within the agenda. Approval of the motion to approve the Consent Agenda shall constitute approval, adoption, or enactment of each motion, resolution, or other item of business thereon, exactly as if each had been acted upon individually. Section 4-4. Citizen Comments Period Any person desiring to address the Board of Supervisors at the Citizen Comments period shall be required to abide by the rules governing such presentations as set forth in these rules in Article VI- Citizen Responsibilities. A register for persons desiring to address the Board of Supervisors during the Citizen Comments period shall be furnished prior to the beginning of every regular meeting of the Board of Supervisors. Citizens desiring to address the Board of Supervisors during this period shall provide their name, the issue they want to address, and their place of residence on the register provided. Each speaker during the at-a Citizen Comments period shall be limited to one appearance]2g meeting per citizen comment period at "",,11, egul<il llle-ding oft11"" Dv", .1 and only issues that are not scheduled for future public hearings may be addressed. Individuals speaking during the Citizen Comments period shall be subject to a three minute time limitation. Members of the Board shall neither engage in debate with, nor shall they be expected to answer questions posed by individuals speaking during the Citizen Comment period. Should a review ofthe '''e,~",kl ~ndicat" tIl"t IHOle- tll"ll twv (le-lsons desile to SpGak Oil tlK S"lll" ~",,,,u,, dulille, tIl" Cit;".GIl CV11ll1M,ts peliod, the Chair may ask those desil~l1e, tv speak tv p~"k two pGoplc to lepleSGnt their viewS. If tho",,, .1""'~l~ng tv "'p"ak Ganllet ae,l"""" V11 two leplesentative speaker", tIl" Chail shl1llld tIll:. hlSt two Git~"'(,l1s speak fOI up to J minutes eaeh but m"y l~lll;t Mi'u",GquGut speak"",,,, tv tItG time 1 Gqniled to present different opinions VI 11"W ;l1[o11nl1tio11. 1111~"u of the abo~e, a majority of tIl" DV<ild of Supel ~ i",vl'" plGS(.l1t and vVt;lle, at t],G lllGGting m.:ry direct the I11dtkl LG sdlGdl1lcd [Vi pu'ul;" GOlllUKnt at the m.xt regnlar meeting or the DOal.1, <ill.1 .1"f"l puNic eomment until that time. Section 4-5. Scheduled Presentations Any person desiring to address the Board of Supervisors for a presentation under County Officials shall be required to abide by the rules governing such presentations as set forth in these rules in Article VI-Citizen Responsibilities. Any citizen or staff member who desires to address the Board during the County Officials portion of the agenda at a regular meeting shall submit a written request to the Clerk, or his/her designee, identifying, with reasonable certainty, the subject matter ofthe presentation. Such request must be in the Clerk's hands not later than the agenda deadline specified in Section 3-1 hereof. Only the person requesting to make the presentation may do so, unless otherwise permitted by the Chair, and every such speaker shall be subject to a five minute time limit for the presentation itself, which limit can be extended with agreement ofthe Chairman. Board member questions and discussion of the material presented shall not be subject to any time limit. Persons making presentations should be prepared to answer questions and provide detailed information in response to questions from members of the Board. ARTICLE V - PUBLIC HEARINGS Section 5-1. Format for Public Hearines Minute Book Number 28 Board of Supervisors Regular Meeting of OS/28/03 6511 It is the purpose and objective of the Board of Supervisors to give each citizen an opportunity to express his/her views on the issue(s) at hand at public hearings and to give all speakers equal treatment and courtesy. While it is often necessary to have a presentation by an applicant and staff, it is the desire ofthe Board to hear from the public; and therefore, the applicant and staff presentations will be as brief as possible. In order to accomplish this objective it is necessary that certain rules of order prevail at all public hearings of the Board of Supervisors as follows: Section 5-2. Order of Business At public hearings, the order of business will be as follows: (a) Identification ofIssue and Verification of Notice (b) Staff and/or Applicant Presentation (c) Public Comment (d) Board Member Questions ( e) Close of Public Hearing (ef) Staff, Applicant or Pnbtie Response (f) Close ofPu'ulic IIG<1l~l1g (g) Board discussion and/or consideration Section 5-3. Identification ofIssue and Verification of Required Notice The Chair shall call upon the appropriate county staff member to verify that any required notice has been given and to read or summarize the notice for the benefit ofthose attending the public hearing. Section 5-4. Staff and/or Applicant Presentation The Chair will call upon the appropriate county staff and/or applicant to present such information as is necessary to explain the action requested of the Board of Supervisors. Presentations will be brief, concise summaries for the Supervisor's and the public's information and understanding, provided that sufficient time will be allowed to present, properly and fairly, the subject matter. When written information has been provided prior to the hearing, that information should be summarized and only new information should be presented in detail at the meeting. Section 5-5. Public Comment Any person desiring to address the Board of Supervisors at a Public Hearing conducted by the Board of Supervisors shall be required to abide by the rules governing such presentations as set forth in these rules in Article VI-Citizen Responsibilities. Prior to permitting public comment, the Chair shall determine, to the best of his ability, the approximate number of persons desiring to comment at the public hearing and shall establish the manner in which speakers are recognized and the length of time each may speak. Should the Chair determine that the likely number of persons desiring to speak is 10 or more in number, he may direct that individuals desiring to speak register with staff, providing their name and the district in which they reside. Should registration be required, the Chair shall verify that all such registration has been completed before beginning the hearing begins. Section 5-6. Order of Speakin!!: Members ofthe public shall be permitted to speak as the Chair recognizes each, provided that no member ofthe public shall be recognized to speak a second time until all persons desiring to speak have had an opportunity to do so. In the event the number of persons desiring to speak necessitates a register, speakers shall be recognized in the order in which they have registered. Minute Book Number 28 Board of Supervisors Regular Meeting of OS/28/03 652 In the event the number of speakers results in the continuation of a public hearing, any persons registered but not heard at the initial Public Hearing will be the first given an opportunity to speak at the continued hearing. Section 5-7. Presentation of Comments Each person may address the Board as many times as the Chair, in his or her discretion, may allow, but no speaker shall exceed the total time limit set by the Chair. IGgardles" vf tile l1Ul1L(.l of times Iecvbl1~L,ed. Section 5-8. SUph .~SOH' Board Members' Questions Upon completion of a presentation by staff, applicant or member of the public, any member of the Board may ask questions to enhance their understanding of the issue, verify information presented or clarify the action or actions requested. Members ofthe Board shall not engage in debate with the person or persons making the presentation. Section 5-9. Staff and/or Applicant Response The Chairman shall call on the staff or applicant for any response on closing comments with reference to the public hearing presentations. Section 5-910. Close ofHearin~ When the Chair ofthe Board shall have closed a public hearing, no further public comments shall be received. Section 5-11. Board Discussions and/or Consideration At the close of the public hearing, the Board of Supervisors shall, at its discretion, act or defer action upon the matter set for public hearing. In the event the Board defers action to a later date, the record shall be left open to receive written comments up until the time that a vote is taken. ARTICLE VI - CITIZEN RESPONSIBILITIES Section 6-1. Application of Rules Any person desiring to address the Board of Supervisors during any portion of a meeting designated for public comment shall be required to abide by the rules governing such presentations as hereafter set forth in these rules. Section 6-2. Addressin~ the Board All persons speaking at a meeting of the Board during any portion of a meeting designated for public comment shall address their comments to the Board of Supervisors and shall limit their comments to-the matter~ before the Board of Supervisors. Speakers shall not engage in debate with other speakers or members of the public. Questions shall not be asked of other speakers, but may be directed to the Chairman ofthe Board for consideration by the Board in later deliberating the matter. Section 6-3. Conduct while Speakin!!:/Conduct While Not Speakin!!: Persons speaking at a meeting ofthe Board of Supervisors shall do so in a courteous manner. Cursing or other obscene language or gestures, threats, insults, or other actions intended to harass, provoke or incite a fight, brawl, or other such disorderly response will not be permitted. Any person whose conduct is contrary to this section will be removed as provided for in section 2-2 ofthese rules. Minute Book Number 28 Board of Supervisors Regular Meeting of 05128103 653 Section 6-4. Name and Place of Residence Individuals addressing the Board during any portion of a meeting designated for public comment shall clearly state their name and place of residence prior to making any further comments. Should a person be recognized to speak more than once, they shall identify themselves each time before speaking. Section 6-5. Or~anizational Representation Any person speaking at any portion of a meeting designated for public comment, who represents himself as being an officer or representative of an organization, group, association, corporation, or other entity, shall, upon request of a member of the Board, disclose for the organization, group, association, corporation, or other entity, the history, size, dues, structure, date of creation, requirements for membership, tax status; and shall reveal the organizations method of determining its official position and the speaker's authority to represent the organization. Unreasonable failure to provide this information to the satisfaction ofthe Board of Supervisors shall bar the speaker from speaking on behalf of the organization. Section 6-6. Order of Speakin~ Persons speaking during any portion of a meeting designated for public comment shall do so in the order in which they are recognized and called upon by the Chair. Section 6-7. Time Limits All persons speaking during any portion of a meeting designated for public comment shall observe all time limits established herein by th" Doard and shall yield the floor when informed their time has expired. Section 6-8. Re2istration Should registration of speakers be required, all persons desiring to speak shall sign the register, providing their name, place of residence and district. Section 6-9. Written Coov of Comments Speakers are requested, but not required, to leave written statements and/or comments with the Clerk or Deputy Clerk of the Board to be incorporated into the written record of the meeting. Section 6-10. Information Sources No person who speaks or otherwise presents information during any portion of a meeting designated for public comment shall knowingly present false or untrue information to the Board of Supervisors, and shall, upon request of any Board Member, provide the source of any information presented. ARTICLE VII - APPOINTMENTS Section 7-1. Apoointments The Chairman shall appoint members ofthe Board to such authorities, boards, commissions, committees or other organizations or positions as the Board shall so authorize and to appoint various citizen members to Board's standing committees. Minute Book Number 28 Board of Supenisors Regular Meeting of OS/28/03 654 ARTICLE VIII - AMENDMENTS Section 8-1. Amendments These Rules of Procedure may from time to time be revised, repealed, or otherwise amended upon an affirmative vote by a majority of the members of the Board of Supervisors present and voting. The above motion was approved by the following recorded vote: Richard C. Shickle - Aye Robert M. Sager - Aye Sidney A. Reyes - Aye Gina A. Forrester - Aye W. Harrington Smith, Jr. - Aye Margaret B. Douglas - Aye Lynda J. Tyler - Aye DEVELOPMENT IMPACT MODELING UPDATE - POSTPONED DUE TO REPORT BEING INCOMPLETE LETTER OF SUPPORT - FREDERICK-WINCHESTER SERVICE AUTHORITY ENVIRONMENTAL AWARD - APPROVED UNDER CONSENT AGENDA May 2S, 2003 Mr. Richard McCabe Vice President Wildlife Management Institute 1101 14th Street NW, Suite SOl Washington, DC 20005 Dear Mr. McCabe: On behalf of the Frederick County Board of Supervisors, I am pleased to have the opportunity to express our appreciation and gratitude to the Frederick-Winchester Service Authority regarding their recent efforts in protecting the Abrams Creek Stream located in Frederick County, Virginia. What could have been a major environmental disaster within our community was prevented due to the service authority's efforts. The Frederick-Winchester Service Authority, under the direction of its Executive Director Jesse W. Moffett, was proactive in ordering an inspection of the Abrams Creek Stream. Upon their inspection, the authority discovered that about 100 feet of a thirty inch trunk main was uncovered due to erosion. They acted quickly to repair this problem due to the potential that 6,000,000 gallons per day of sewage could have been dumped into the Abrams Creek Stream if not corrected. Their work was exceptional and very environmentally sensitive. The project thwarted the potential for pollutants not only to enter the stream itself but the major waterways downstream as well. This project set a fine example of protecting the citizens of our community from potential pollutants in our waters and protecting the wildlife that depends on this stream, as well as demonstrating the authority's sensitivity to the beauty and natural qualities of this creek. The Frederick-Winchester Service Authority is to be commended for acting quickly and efficiently and the Frederick County Board of Supervisors supports your efforts in rewarding them for a job well done. With kindest regards, I am Very truly yours, Minute Book Number 28 Board of Supervisors Regular Meeting of OS/28/03 655 Richard C. Shickle, Chairman Frederick County Board of Supervisors cc: Mr. Jesse Moffett COMMITTEE REPORTS FINANCE COMMITTEE REPORT The Finance Committee met in the First Floor Conference Room, at 107 North Kent Street, on May 21,2003 at 8:00 a.m. The committee approved agenda items 1,6,8,9, and 10 under consent agenda. Ritchie Wilkins 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 Robert M. Sager - Aye Sidney A. Reyes - Aye Gina A. Forrester - Aye W. Harrington Smith, Jr. - Aye Margaret B. Douglas - Aye Lynda J. Tyler - Aye 1. The Solid Waste Manager is requesting a General Fund supplemental appropriation in the amount of $100.00. This amount represents donations and is requested to be appropriated into line item 4203-3006-000-000 Printing and Binding. No additional local funds are needed. See attached memo, p.l. The committee recommends approval. - Approved Under Consent Agenda 2. The Superintendent ofthe CFFW Regional Jail is requesting a Jail budget transfer in the amount of $22.247.25 to return unexpended grant funds from FYOO. The Director of Court Services also requests a Court Services Supplemental Appropriation in the amount of $1.199.22 for the return of unexpended grant funds. No additional local funds are needed. See attached memo, p. 2-4. The committee recommends approval - Approved Upon motion made by Supervisor Smith, seconded by Supervisor Forrester, the above request was approved by the following recorded vote: Richard C. Shickle - Aye Robert M. Sager - Aye Sidney A. Reyes - Aye Gina A. Forrester - Aye W. Harrington Smith, Jr. - Aye Margaret B. Douglas - Aye Lynda J. Tyler - Aye 3. The Landfill Manager is requesting a Landfill budget transfer in the amount of $21.000.00. This amount is necessary to hire outside temporary labor to assist with duties at the facility. No additional local funds are needed. See attached memo, p. 5. 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 Minute Book Number 28 Board of Supervisors Regular Meeting of OS/28/03 656 Robert M. Sager - Aye Sidney A. Reyes - Aye Gina A. Forrester - Aye W. Harrington Smith, Jr. - Aye Margaret B. Douglas - Aye Lynda J. Tyler - Aye 4. The Administrative Manager for Social Services requests a General Fund sup'plemental appropriation in the amount of $23.031.00. This amount represents a vehicle purchase and is requested to be placed in line item 5307-8005-000-000 Motor Vehicles and Equipment. No local funds are necessary as funds will be transferred from the Special Welfare Fund. See attached memo, p.6-7. 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 Robert M. Sager - Aye Sidney A. Reyes - Aye Gina A. Forrester - Aye W. Harrington Smith, Jr. - Aye Margaret B. Douglas - Aye Lynda 1. Tyler - Aye 5. The Department of Social Services requests a General Fund Supplemental Appropriation in the amount of$46.689.00. This amount represents an additional $ 54,489 in state and federal funds and a reduction in local funds in the amount of $7,800. See attached memo for detail, p.8. The committee recommends approval. - Approved Upon motion made by Supervisor Smith, seconded by Supervisor Forrester, the above request was approved by the following recorded vote: Richard C. Shickle - Aye Robert M. Sager - Aye Sidney A. Reyes - Aye Gina A. Forrester - Aye W. Harrington Smith, Jr. - Aye Margaret B. Douglas - Aye Lynda J. Tyler - Aye 6. The Regional Airport requests an Airport Fund supplemental appropriation in the amount of $115.000.00. This amount is necessary to cover the cost offuels this year and is requested to be placed in line item 17-8109-5414-000-000 Merchandise for Resale. No additional local funds are needed. See attached memo, p. 9-10. The committee recommends approval. Approved Under Consent Agenda 7. The Winchester-Frederick -Clarke Office on Youth and F amilies requests a General Fund supplemental appropriation in the amount of $7 .500.00 contingent upon funding from the Citv of Winchester. Additional local funds are required. See memo, p.II-12. The committee recommends approval - Approved Upon motion made by Supervisor Smith, seconded by Supervisor Forrester, the above request was approved by the following recorded vote: Richard C. Shickle - Aye Robert M. Sager - Aye Minute Book Number 28 Board of Supervisors Regular Meeting of OS/28/03 657 Sidney A. Reyes - Aye Gina A. Forrester - Aye W. Harrington Smith, Jr. - Aye Margaret B. Douglas - Aye Lynda 1. Tyler - Aye 8. The Winchester-Frederick-Clarke Office on Youth and Families has received grant funds in the amount of $32,464.00. A General Fund supplemental appropriation in the amount of $32,464.00 is being requested to forward these funds to CLEAN, Inc. No additional local funds are needed. See memo, p.13. The committee recommends approval. - Approved Under Consent Agenda 9. The Sheriff requests a General Fund Supplemental Appropriation in the amount of $1,488.80. This amount represents the department's share in recent drug forfeitures/seized assets and is requested to be placed in line 3102-5413-000-007. Forfeited property- Surplus. No additional local funds are needed. See memo, p. 14-26. The committee recommends approval. - Approved Under Consent Agenda 10. The Sheriff requests a General Fund Supplemental Appropriation in the amount of $4,482.50. This amount represents DARE donations and is requested to be placed in line item 3102- 5413-000-001, the DARE Program. No additional local funds are needed. See memo, p. 27. The committee recommends approval. - Approved Under Consent Agenda 11. Mountain Falls Park, Inc., is requesting the county to forgive back taxes on lots to assist in their sale at an auction scheduled for June 20th. Ifthe committee recommends approval, the Board of Supervisors will need to hold a public hearing prior to a vote on this matter. See attached memo, p. 28-33. A map will also be available forreview at the committee meeting. The committee requested that the Commonwealth Attorney provide a letter on the legality and the Treasurer or Commissioner of the Revenue provide a history ofthe forgiveness of taxes. It is requested that this information be forwarded to the Board of Supervisors prior to the June board meeting. The committee made no recommendation. - Denied Upon motion made by Supervisor Smith, seconded by Supervisor Forrester, the above request was denied by the following recorded vote: Richard C. Shickle - Aye Robert M. Sager - Aye Sidney A. Reyes - Aye Gina A. Forrester - Aye W. Harrington Smith, Jr. - Aye Margaret B. Douglas - Aye Lynda J. Tyler - Aye ***For Information Only*** The Finance Director provided a report on fund balance. See attached report, p. 34-35. PARKS AND RECREATION COMMISSION REPORT - APPROVED UNDER CONSENT AGENDA The Parks and Recreation Commission met on May 20,2003. Members present were: Charles Sandy, Cheryl Swartz, Steven White, Victoria Keelon, Lynda Tyler. Submitted for Board Information Onlv New Business: 1. Doewood Landin\: Development Proposal - Mr. White moved that action on this Minute Book Number 28 Board of Supervisors Regular Meeting of OS/28/03 658 request be postponed until the June 17 Commission meeting, second by Mrs. Keelon, carried unanimously (4-0). Unfinished Business: 1. Policy Revision - Mrs. Swartz moved to approve revisions to the Donation Policy, second by Mrs. Keelon, carried unanimously (4-0). PLANNING COMMISSION BUSINESS PUBLIC HEARINGS PUBLIC HEARING - EXPANSION OFTHE SEWER AND W ATERSERVICE AREA (SWSA) TO INCLUDE THE ENTIRE AREA OF THE 70.9065-ACRE WWW. L.C. SITE. WHICH IS LOCATED NORTH AND ADJACENT TO ROUTE 50 WEST. APPROXIMATELY 1.700 FEET WEST OF THE ROUTE 50/ROUTE 37 INTERCHANGE. THIS PROPERTY IS LOCATED IN THE GAINESBORO MAGISTERIAL DISTRICT. THE REQUEST WOULD RESULT IN THE ADDITION OF APPROXIMATELY 50 ACRES TO THE SWSA. THE REQUEST HAS BEEN SUBMITTED BY CHARLES E. MADDOX. JR.. P.E. OF G. W. CLIFFORD AND ASSOCIATES. INC. ON BEHALF OF WWW. L.C. - APPROVED Senior Planner Abbe Kennedy presented this request to the Board advising staff has received a request from G.W. Clifford & Associates, Inc. on behalfofWWW,L.C.,ownersofapproximately 71 acres ofland, 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. The land is more specifically identified as Parcels 53-A-B and 53-A-79. She further advised that approximately 21 acres of the WWW, LC site are presently located within the SWSA. The applicants have requested that the SWSA be expanded to include the remaining 50 acres of the site. The entire 71 acre tract is zoned RA (Rural Areas) District. She further advised at the Planning Commission public hearing on May 7, the Planning Commission recommended approval, but requested that a comment from the Frederick County Sanitation Authority be included to address service to the Round Hill Area, as well as hydrologic capacities. Supervisor Reyes asked Chuck Maddox ifhe knew of any planned expansion for residential growth along the SWSA? Chuck Maddox of G. W. Clifford Associates replied no, there is no plan that he is aware of. Supervisor Forrester had questions about a sentence in the last paragraph ofthe memorandum concerning the FCSA, stating that a formal comment from the FCSA will be secured for this meeting. Director Jones advised that the Authority will not negotiate with the developer concerning service outside of the SWSA. They are advised that they must first appear before the Planning Minute Book Number 28 Board of Supervisors Regular Meetiug of OS/28/03 '659 Commission and the Board of Supervisors to get the SWSA expanded before the Authority will negotiate with them. Chairman Shickle stated that to make sure everyone is of the same understanding of this sentence - If the SWSA is expanded, this would take care of this sentence? Director Jones and Administrator Riley concurred with this statement. Supervisor Forrester asked about the action and summary ofthe Planning Commission from their meeting of May 7, 2003 and asked why this was included with this request. Director Lawrence advised this was a summary, as one of the Commissioners had some questions about water pressure and similar characteristics in the area, and the applicant attempted to address them by stating those types ofthings are addressed when you are considering the expansion of the actual sewer lines. That is what is being summarized. Pam Kennedy, Gainesboro District, advised there are some real concerns about this request. She addressed the elevated storage tank advising that it is somewhat at odds with the Comprehensive Plan. There is a real concern that this is the driving edge to the exploitation and development in the Route 50 west corridor. Doug Cochran, Stonewall District, his concern over this proposal is just a continuation of things that are going on in this County. He knows that Comprehensive Plans are meant to change, but in the past several years he has seen too much change to what seemed to be plans. He feels that every time we turn around someone is requesting the extension of SWSA or the UDA. He does not agree with this request being granted as he does not feel it is a sensible use. Sam Lehman, Back Creek District, advised that this Board is not the final stop for the determination of the SWSA. Kevin Kennedy, Gainesboro District, lives out Route 50. Expansion ofSWSA to Round Hill sends chills up his spine. He does not want to see Route 50 over run with development as has been the case in other areas of the County. David Hurd, Stonewall District, addressed the danger in this type of request. He asked the Board if they are setting a precedent. He told the Board that he did not know who is going to pay for this. He cannot see, in what has been proposed, that the developer will bear the cost of bringing the service that is needed in this area up to par, or is the County going to do it, is this going to be his next 12 cent tax increase? Minute Book Number 28 Board of Supervisors Regular Meeting of OS/28/03 660 Chuck Maddox with G. W. Clifford Associates appeared before the Board on behalf of the applicant. Advised this request is in accordance with the Comprehensive Plan. Water and sewer service is needed in the Round Hill area due to ongoing problems with individual wastewater and water treatment facilities. There is a need for commercial uses west of the City of Winchester. The water tank is essentially for the community of Round Hill. There is no tax monies being used in these facilities. Those that use the system pay for the system. Supervisor Forrester asked, to be shown the UDA line on the map. Director Lawrence advised that it runs down Route 37. Supervisor Forrester asked if without the residential element, ifthis area could really support a super store? Aren't we really looking at this area eventually having to have some sort of a residential body to support those commercial efforts? Supervisor Tyler questioned the Comprehensive Policy Plan, the land use, for this particular section. She does not have what is Phase I and what is Phase II boundaries. Assistant Tierney advised the Plan for this was adopted in 1995 or 1996, shows three phases. The first phase is entirely within the green area, phase II extends approximately slightly south of Route 50. Mr. Tierney explained further by using the map located behind the Board. The Plan talks about it being roughly 188 acres, and for what it is worth it talks about it being strictly for commercial uses. Chairman Shickle asked Director Wendy Jones ofthe Sanitation Authority what the common practice is for Round Hill or anyone else for fire protection water, and where is this water obtained from? Director Jones advised the closest location they have that Round Hill uses, and believes also Gainesboro, is Apple Pie Ridge School. He further advised that once water service is extended down, even to the hospital property, then they will have availability of water much closer to their service area. Supervisor Reyes stated that he has heard citizen comments tonight, and he has to say that he shares some oftheir concerns, they are very legitimate concerns, and he takes it in full consideration that we do not want to have "the nose going under the tent," we don't want to have things to happen to this part of Frederick County that we are not doing right. As long as he is on this Board, he will be the "watch dog" to make sure that we protect the rural character ofthis area. His main reason for Minute Book Number 28 Board of Supervisors Regular Meeting of OS/28/03 661 supporting this is the fact we are supporting our medical center and this he believes is the "Crown Jewel" of our community, and we need to support this, we are going to get tax dollars from this. He has proposed that we need good clean businesses, and this is a great opportunity to put those businesses here, particularly with the caveat from Mr. Maddox that we will not have residential development coming down the pike. Supervisor Reyes moved to approve the expansion of the SWSA to include the entire area of the 70.9065-Acre WWW, L.C. site. Supervisor Smith seconded the motion. Supervisor Douglas stated that she felt this was a win-win situation. The above motion was approved by the following recorded vote: Richard C. Shickle - Aye Robert M. Sager - Aye Sidney A. Reyes - Aye Gina A. Forrester - Nay W. Harrington Smith, Jr. - Aye Margaret B. Douglas - Aye Lynda J. Tyler - Aye Supervisor Forrester advised that she supported this project in concept, but she still has concerns about water availability. PUBLIC HEARING - AIRPORT ROAD RELOCATION PROJECT. THE DESIGN FEATURES OF A RELOCATED AIRPORT ROAD WILL BE PRESENTED FOR PUBLIC COMMENT. THE PORTION OF AIRPORT ROAD TO BE RELOCATED IS THAT ROAD SECTION LOCATED IMMEDIATELY EAST OF AVIATION DRIVE. AND WILL INCLUDE THE INTERSECTION OF AIRPORT ROAD AND VICTORY LANE. THE AIRPORT ROAD RELOCATION PROJECT IS BEING FUNDED THROUGH A REVENUE SHARING PROGRAM UTILIZING FEDERAL. STATE. AND LOCAL FUNDING SOURCES - APPROVED Senior Planner Abbe Kennedy advised the Board of the County/State Agreement for the Airport Road Relocation Project. She further advised this agreement enumerates the responsibilities ofthe locality (Frederick County) and the Virginia Department of Transportation (VDOT) in regard to the scope of services and obligations of each party. The Airport Road project is being funded through the VDOT Revenue Sharing Program, in addition to utilizing federal, state, and local funding sources. She further advised that in FY 2003, the Commonwealth Transportation Board (CTB) allocated $340,000 toward this project through the Revenue Sharing Program. The CTB has authorized a total of $680,000 for the project to date. The $340,000 match for this road project will be provided by the Winchester Regional Airport Authority funding sources. The Airport Authority Minute Book Number 28 Board of Supervisors Regular Meeting of OS/28/03 662 has $240,000 allocated from the Virginia Department of Aviation for Phase I construction. Additionally, $100,000 of approved funds from FAA Entitlement Funds are designated to the Airport Authority for Phase I ofthe project construction. No County funds are requested for this agreement. John Longnaker with Delta Company, appeared before the Board to further explain what would be involved with this project. He further explained about the "roundabouts" that are being proposed for this project. Resident Engineer Jerry Copp with VDOT appeared before the Board advising that VDOT did endorse the roundabouts for now, as well as in the future, and the appropriate location for one. Supervisor Smith advised that he was in on the meeting, and he feels the roundabouts are the way to go, should have been done years ago. Supervisor Reyes asked if there are any roundabouts close by that the Board members or citizens could look at. Assistant Resident Engineer Ben Lineberry advised there was one next to the elementary school, for those that took the Shockey tour in Manassas. Director Renny Manuel advised the property in question is owned solely by the Airport Authority. Chairman Shickle advised this is a public hearing on the location of the road. Charlene Anderson, Shawnee District, asked if a roundabout will interfere with the trucks trying to maneuver in those areas traveling back and forth to the businesses located there. Doug Cochran, Stonewall District, urged the Board to use some caution in this matter. He has seen roundabouts in Brunswick, Maryland and in New Market, Maryland as well as in other states, and as the lady said, they function pretty well for cars, but trucks are a different story. Eighteen foot bed and state trucks have extreme difficulty in maneuvering within these roundabouts. Jerry Copp advised the right-of-way is in place and no additional right-of-way is needed. The tractor trailer issue has been addressed with Delta. This will be a culture change for VDOT and a learning curve also, but he feels this is the right location. Upon motion made by Supervisor Smith, seconded by Supervisor Forrester, the relocation of the road project at the Airport was approved by the following recorded vote: Richard C. Shickle - Aye Robert M. Sager - Aye Sidney A. Reyes - Aye Minute Book Number 28 Board of Supervisors Regular Meeting of OS/28/03 663 Gina A. Forrester - Aye W. Harrington Smith, Jr. - Aye Margaret B. Douglas - Aye Lynda 1. Tyler - Aye OTHER PLANNING ITEMS REVISIONS TO THE NORTHEAST LAND USE PLAN'S DEVELOPMENTALLY SENSITIVE AREAS - APPROVED Director Lawrence advised that staff has drafted revisions to the Developmentally Sensitive Areas (DSA) of the Northeast Land Use Plan per the Board's directive on May 14, 2003. Specifically, the directive was to revise the Northeast Land Use Plan map to reflect the text narrative (Page 6-36) of the 2000 Comprehensive Policy Plan, while not placing the DSA over properties currently zoned for commercial and industrial uses. He further advised that the revisions reflect incorporation of the core area of Stephenson's Depot (2nd Battle of Winchester), the Byers House, and Milburn, into the Developmentally Sensitive Area (DSA). Staff met with the County Attorney to confirm that the text and map are consistent. He further advised that the DSA for the Milburn Road corridor, Stephenson's Depot and the 3'd Battle of Winchester, as currently depicted in the 2000 Comprehensive Policy Plan map, is consistent with the illustratives included in the Battlefield Network Plan, and the Route 11 North Land Use Plan. The Battlefield Network Plan was adopted by the County in 1995; the Route II North land Use Plan was adopted and incorporated into the 1996 Comprehensive Policy Plan. Chairman Shickle asked if it was wise to leave the yellow part in? Director Lawrence referred to the map located behind Supervisor Forrester advising this map is the current Land Use Plan that the County has in the Comprehensive Policy Plan. The current DSA does run along Route 11. He advised Chairman Shickle ifhe would like it removed, staff can do so. Administrator Riley advised that it protects the corridor. Assistant Tierney advised that the map to the right is the existing plan, the map to the left shows what staff is proposing to superimpose over this map, so the result will be the center map. Supervisor Tyler referred to the houses, marked in yellow, along the Route 11 corridor. You then go over on Old Charles Town Road and their houses are not in yellow, she wondered what the significant difference is. Director Lawrence advised this is a zoning map and the yellow is RP zoning. The other map is not. Minute Book Numbcr 28 Board of Supervisors Regular Mceting of OS/28/03 664 Supervisor Forrester referred to the map dated May 14, the draft, the patched area. She asked where this area is on another map that she referred to. Director Lawrence advised it was not. The map on the left is actually a blow up, it's only looking at a certain portion. The middle map is the proposed scheme. Supervisor Tyler asked about the circle around the Byers House. The reason this is DSA is simply for the architectural design of the home, and not because of the Civil War or anything else. Director Lawrence advised that was correct. Upon motion made by Supervisor Tyler, seconded by Supervisor Forrester, to endorse the revisions, as directed by the Board of Supervisors on May 14, 2003, and shown on map included in the Board agenda. Richard C. Shickle - Aye Robert M. Sager - Aye Sidney A. Reyes - Aye Gina A. Forrester - Aye W. Harrington Smith, Jr. - Aye Margaret B. Douglas - Aye Lynda J. Tyler - Aye BOARD OF SUPERVISORS COMMENTS Supervisor Sager stated that he was not against organizations developing multi jurisdictional authorities or organizations that provide a reduced cost, increase services and rescue some of our natural resources. Referred to a prior meeting where a discussion was held by Board Members with another authority that dealt with County land, and which authority members would have the right to decide how the property would be used he was referring to the Airport Authority. This is a concern of his. UPON MOTION MADE BY SUPERVISOR SMITH, SECONDED BY SUPERVISOR FORRESTER, THERE BEING NO FURTHER BUSINESS TO COME BEFORE THIS BOARD, THIS MEETING IS HEREBY ADJOURNED. (TIME: 8:33 P.M.) ~~Q ~~~L-,-, Richard C. Shickle Chairman, Board of Supervisors ~~f Joh . 'ley, Jr. Clerk, Board of Supervisors Minute Book Number 28 Board of Supervisors Regular Meeting of OS/28/03 665 Minutes Prepared By: A.JuaL/:-~~J Carol T. Bayliss Deputy Clerk, Board of Supervisors Minute Book Number 28 Board of Supervisors Regular Meeting of OS/28/03