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HomeMy WebLinkAboutOctober 08, 2003 Regular Meeting 196 A Regular Meeting ofthe Frederick County Board of Supervisors was held on Wednesday, October 8, 2003, at 6:30 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, Ir.; Robert M. Sager; Margaret B. Douglas; Sidney A. Reyes; Gina A. Forrester; and Lynda J. Tyler. (Supervisor Sager was not present at the start of the Closed Session as he was out of town for the day). CALL TO ORDER Chairman Shickle called the meeting to order. BOARD RETIRED INTO CLOSED SESSION Administrator Riley requested to add #7 Legal to the Closed Session. Upon motion made by Supervisor Smith, seconded by Supervisor Tyler, the Board retired into Closed Session in accordance with the Code a/Virginia, 1950, as Amended, Section 2.2-3711, Subsection A, (5) for the Discussion of Economic Development Industrial Prospect, and (7) Legal. The above motion was approved by the following recorded vote: Richard C. Shickle - Aye Robert M. Sager - Absent Sidney A. Reyes - Aye Gina A. Forrester - Aye W. Harrington Smith, Ir. - Aye Margaret B. Douglas - Aye Lynda J. Tyler - Aye BOARD WITHDREW FROM CLOSED SESSION Upon motion made by Supervisor Smith, seconded by Supervisor Sager, 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, Ir. - Aye Margaret B. Douglas - Aye Lynda J. Tyler - Aye BOARD RECONVENED INTO REGULAR SESSION Upon motion made by Supervisor Smith, seconded by Supervisor Sager, the Board reconvened into Regular Session and certified nothing other than what was hoted as reason for going Minute Book Number 29 Board of Supervisors Regular Meeting of 10108/03 197 into Closed Session was discussed. 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 INVOCATION The invocation was delivered by Reverend Ross Halbersma of the New Hope Alliance Church. PLEDGE OF ALLEGIANCE ADOPTION OF AGENDA Administrator Riley advised he had nothing to add. Upon motion made by Supervisor Smith, seconded by Supervisor Forrester, 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, Jr. - Aye Margaret B. Douglas - Aye Lynda J. Tyler - Aye CONSENT AGENDA Administrator Riley suggested the following tabs for approval under the Consent Agenda: 1. Cancellation of Board Meetings During the 2003 Holiday Season - Tab B; 2. Lease Renewal for the Department of Historic Resources - Tab C; 3. Request for Installation of "Watch for Children" Signs in Shenandoah Hills Subdivision - TabF; 4. Request for Installation of "Watch for Children" Signs in Pioneer Heights Subdivision- TabG; 5. Request to Schedule a Public Hearing Date for No Thru Truck Traffic on Brucetown Road - Tab H. Upon motion made by Supervisor Sager, seconded by Supervisor Forrester, the Consent Agenda was approved, as presented, by the following recorded vote: Richard C. Shickle - Aye Robert M. Sager - Aye Minute Book Number 29 Board of Supervisors Regular Meeting of 10/08/03 198 Sidney A. Reyes - Aye Gina A. Forrester - Aye W. Harrington Smith, Jr. - Aye Margaret B. Douglas - Aye Lynda J. Tyler - Aye CITIZEN COMMENTS Spencer Stinson, Stonewall District, representing Globalstone/ Chemstone Corporation of Stonewall District. They would be in favor of giving consideration to reducing, limiting, or eliminating traffic going east on Brucetown Road, beyond sight of their plant. Ifthere is anything they can do to help that process along they would be happy to be included in any of the discussions. David Frey, Stonewall District, is aware of the request of many of the residents along Brucetown Road to restrict truck traffic through Brueetown. He and his family support that evaluation. They support any restrictions on truck traffic through Brucetown. Ty Lawson, Gainesboro District, local attorney representing Maryland, Virginia Milk Producers Cooperative Association, Inc., which is evaluating a site on Brucetown Road for the potential oflocating a milk balancing facility. The proposed facility will have truck traffic traveling to and from the facility from 1-81 down Brucetown Road to the site location, but it will not have truck traffic going further east and into Brucetown. Maryland, Virginia would have no objection to prohibiting any through traffic through the town of Brucetown, if the Board of Supervisors, and VDOT deem that appropriate. Jim Giraytys, Back Creek District, addressed the proposed 1-81 widening information provided to the different localities from VDOT requesting that their questionnaire be completed and returned to them by November 4. He feels this is very important to our community. He feels the issue with 1-81 is with trucks and not passenger vehicles. It is over the designed limit for trucks. The problem is what to do with the trucks. Both Star Solutions and Fluor have said safety is the main reason for widening 1-81, but Star Solutions took out the physical barrier to make the proposal they had to fit within certain economic limits, they downgraded about a billion and half dollars by taking out the barrier, which is clearly against safety. 77% of the traffic on 1-81 is through traffic. He feels rail is an area that should be considered, and that citizen input is important. Kevin Kennedy, Gainesboro District, addressed procedure used for citizen comment at the meeting of September 24. He feels over 90% ofthe citizens were opposed to the Shockey rezoning request, a massive housing project, does not feel the Board represented the majority ofthe citizens. Minute Book Number 29 Board of Supervisors Regular Meeting of 10/08/03 199 Next January many of you will not be sitting where you are now. Advised as to why he was wearing his YES sticker. Pam Kennedy, Gainesboro District, all change is not growth, as all movement is not forward. One might ask as to why people are hesitant to question decision making practices. Why for example, would a body of elected officials spend time, energy and resources on developing impact tools, and then not use them? Why would a body of elected officials find itself beholding to a very small percentage of its electorate and ignore the rest, and indeed the overall well-being ofthe County as a whole? These are hard questions to answer. Advised of her five reasons as to why this might be. Feels we need leaders who are not fearful, not ignorant, not duplicitous, and not afraid to care. Leaders who can see outside the box, that their past decisions have trapped them in. Bill Shepherd, Gainesboro District, last week's Planning Commission might be called, a comedy of errors, but it is not funny. Why did the Planning Commission vote to send a recommendation to the Board based on an incomplete proposal? He is referring to the request to rezone 98.7 acres in Stonewall for industrial use, a milk plant. Why rezone almost 100 acres? What are the other 95 acres going to be used for? He asked the Board to send this recommendation back to the Planning Commission and tell them to do their job. Trudy Franklin, Stonewall District, addressed the request of no thru truck traffic on Brucetown Road. Everyone concerned knows there are reasonable alternate routes. Brucetown Road is the least reasonable route of all. She is requesting that the Board investigate or forward to the appropriate public body to investigate certain members ofthe Planning Commission for activities that have occurred of late in regard to the rezoning of 97 acres on Brucetown Road. (ADMINISTRATOR RILEY ADVISED THE PUBLIC HEARING ON THIS ITEM WOULD PROBABLY BE HELD ON NOVEMBER 12.) BOARD OF SUPERVISORS COMMENTS There were no additional comments at this time. COUNTY OFFICIALS COUNTY TREASURER C. W. ORNDOFF. JR.. ADDRESSED THE BOARD RE: ANNUAL REPORT County Treasurer, C. W. Orndoff, Jr., addressed the Board presenting his annual report and requested the following action with regard to this report: Minute Book Number 29 Board of Supervisors Regular Meeting of 10/08/03 200 1. APPROVAL OF WRITE OFF AMOUNT FOR RETURNED CHECKS Upon motion made by Supervisor Smith, seconded by Supervisor Sager, the amount 0 $1,124.76 will be written offfor checks returned to 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 J. Tyler - Aye 2. APPROVAL OF WRITE OFF FOR DELINQUENT LANDFILL ACCOUNTS Upon motion made by Supervisor Sager, seconded by Supervisor Tyler, $1 0,OS4,92 will be written off for delinquent landfill accounts. 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 3. SMALL ACCOUNTS Upon motion made by Supervisor Sager, seconded by Supervisor Forrester, $4, 17S.56 was approved to be written off for small accounts that are delinquent. 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 COMMITTEE APPOINTMENTS DAVID W. GANSE REAPPOINTED TO THE BOARD OF BUILDING APPEALS Upon motion made by Supervisor Douglas, seconded by Supervisor Forrester, David W. Ganse was reappointed to the Board of Building Appeals. This is a five ycar appointment. The term will begin on November 10, 2003 and expire on November 10, 200S. The above motion was approved by the following recorded vote: Minute Book Number 29 Board of Supervisors Regular Meeting of 10/08/03 201 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 BETTY B. LANDRUM REAPPOINTED TO HANDLEY REGIONAL LIBRARY BOARD FROM SHAWNEE DISTRICT Upon motion made by Supervisor Smith, seconded by Supervisor Sager, Betty B. Landrum was reappointed to the Handley Regional Library Board from Shawnee District. This is a four year term. The term will begin on November 30,2003, and expire on November 30,2007. 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 BLAINE J. ALKIRE REAPPOINTED TO THE CHAPTER 10 BOARD AS COUNTY REPRESENTATIVE Upon motion made by Supervisor Tyler, seconded by Supervisor Douglas, Blaine Alkire was reappointed to the Chapter 10 Board as a representative of Frederick County. This is a three year term. The term will begin on January 1,2004, and expire on December 31,2006. 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 CANCELLATION OF BOARD MEETINGS FOR THE 2003 HOLIDAY SEASON - APPROVED UNDER CONSENT AGENDA The last Board Meeting in November(26th) and last meeting in December (24th). RENEWAL OF LEASE FOR THE DEPARTMENT OF HISTORIC RESOURCES - APPROVED UNDER CONSENT AGENDA - (A COPY IS ON FILE IN THE OFFICE OF THE COUNTY ADMINISTRATOR) REOUEST FROM THE COMMISSIONER OF THE REVENUE FOR REFUNDS - APPROVED Upon motion made by Supervisor Smith, seconded by Supervisor Forrester, the following Minute Book Nnmber 29 Board of Supervisors Regular Meeting of 10/08/03 202 refunds were approved: Winchester Countertop in the amount of$3,361.49; Federal Express Corporation in the amount of$11,440.44; Washington Baltimore Cellular LP in the amount of$3,301.98; Shenandoah Mobile Company in the amount of$3,520.33 for a total of$21,624.24. 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 RESOLUTION (#020-03) AND MEMORANDUM OF UNDERSTANDING FOR BARBER AND ROSS COMPANY - APPROVED Administrator Riley presented this request to the Board. WHEREAS, Barber and Ross Company has made known its intent to relocate its headquarters and part of its manufacturing operations by making new taxable real estate and machinery and tools and vehicle investments and new jobs; and WHEREAS, the company meets the policy guidelines of the Frederick County Economic Development Ineentives Fund as established by the Winchester-Frederick County Economic Development Commission in 1995; BE IT RESOLVED, that the Board of Supervisors for the County of Frederick, Virginia does hereby approve the payment of $150,000.00 to the Industrial Development Authority of Frederick County, Virginia from the Frederick County Economic Development Incentive Fund to assist in relocating its headquarters and part of its manufacturing operations for Barber and Ross 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 Frederiek, Virginia, does authorize the County Administrator to execute the Memorandum of Understanding on its behalf. (A COPY OF THE MEMORANDUM OF UNDERSTANDING IS ON FILE IN THE OFFICE OF THE COUNTY ADMINISTRATOR.) Upon motion made by Supervisor Sager, seconded by Supervisor Douglas, the Resolution and MOU for Barber and Ross Company was approved, 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, Jr. - Aye Margaret B. Douglas - Aye Lynda J. Tyler - Aye REOUEST/RESOLUTION (#018-03) FOR INSTALLATION OF "WATCH FOR Minute Book Number 29 Board of Supervisors Regular Meeting of 10/08103 203 CHII,DREN" SIGNS IN SHENANDOAH HILLS SUBDIVISION - APPROVED UNDER CONSENT AGENDA WHEREAS, the 1997 Session of the Virginia Assembly amended the Code of Virginia adding Section 33.1-210.2 relating to the installation and maintenance of "signs alerting motorists that children may be at play nearby," and WHEREAS, this act provides for the adoption of a resolution by the governing body of any county requesting the Virginia Department of Transportation to install and maintain this type of sign, and WHEREAS, the source of funding for the installation of this sign shall come out of the secondary system construction allocation to the affected county. The costs of maintaining such sign shall be paid out of the secondary system maintenance allocation to the affected county; and WHEREAS, Blossom Drive (Route 815), Cardinal Lane (Route 1208), OBrien's Circle (Route 1280), and Pioneers Road (Route 1282) are located in a residential area and is within the secondary road system and is a viable candidate for "Watch for Children" signs; and BE IT THEREFORE RESOLVED, the Frederick County Board of Supervisors does hereby request that the Department of Transportation install "Watch for Children" signs specifically at Blossom Drive (Route 815), from Berryville Pike (Route 7) to end of state maintenance; Cardinal Lane (Route 1208) from Blossom Drive (Route 815) to OBrien's Circle (Route 1280); OBrien's Circle (Route 1280) from Cardinal Lane (Route 1208) to Hites Street (Route 1281); and Pioneers Road (Route 1282) from Hites Street (Route 1281) to Greenwood Road (Route 656). The signs should be plaeed in accordance with the provisions of Section 33.1-210.2 ofthe Code of Virginia. BE IT FURTHER RESOLVED, that a certified copy ofthis resolution be forwarded to the Resident Engineer for the Virginia Department of Transportation. ADOPTED, this 8th day of October, 2003. REOUESTIRESOLUTION (#019-03) FOR INSTALLATION OF "WATCH FOR CHILDREN" SIGNS IN PIONEER HEIGHTS SUBDIVISION - APPROVED UNDER CONSENT AGENDA WHEREAS, the 1997 Session of the Virginia Assembly amended the Code of Virginia adding Section 33.1-210.2 relating to the installation and maintenance of "signs alerting motorists that children may be at play nearby," and WHEREAS, this act provides for the adoption of a resolution by the governing body of any county requesting the Virginia Department of Transportation to install and maintain this type of sign, and WHEREAS, the source of funding for the installation of this sign shall come out of the secondary system construction allocation to the affected county. The costs of maintaining such sign shall be paid out of the secondary system maintenance allocation to the affected county; and WHEREAS, Asbury Drive (Route1290), Calvary Drive (Route 1299), Old Wagon Road (Route 1289), and Artillery Road (Route 1297) are located in a residential area and is within the secondary road system and is a viable candidate for "Watch for Children" signs; and BE IT THEREFORE RESOLVED, the Frederick County Board of Supervisors does hereby request that the Department of Transportation install "Watch for Children" signs specifically at Asbury Drive (Route 1290), from Artillery Road (Route 1297) to end of state maintenance; Calvary Drive (Route 1299) from Asbury Drive (Route 1290) to end of state maintenance; Old Wagon Road (Route 1289) from Artillery Road (Route 1297) to end of state maintenance; and Artillery Road (Route 1297) from Asbury Drive (Route 1290) to end of state maintenance. The signs should be placed in aecordance with the provisions of Section 33.1-210.2 of the Code of Minute Book Number 29 Board of Supervisors Regular Meeting of 10/08/03 204 Virginia. BE IT FURTHER RESOLVED, that a certified copy of this resolution be forwarded to the Resident Engineer for the Virginia Department of Transportation. ADOPTED, this Sth day of October, 2003. REOUEST TO SCHEDULE A PUBLIC HEARING DATE FOR NO THRU TRUCK TRAFFIC ON BRUCE TOWN ROAD - SCHEDULED FOR NOVEMBER 12. 2003 BOARD MEETING - APPROVED UNDER CONSENT AGENDA COMMITTEE REPORTS PERSONNEL COMMITTEE REPORT The Personnel Committee met on Wednesday, October 1,2003 with the following committee members present: Margaret B. Douglas, Chairman, Gina A. Forrester, Verne E. Collins, Philip Farley, Bill Still, John R. Riley, Jr., Kris Tierney and Debby Didawiek. The following Department Heads were present: Bob Williamson, Sheriff and Ellen Murphy, Commissioner of the Revenue. Guests present: Winchester Star and Northern Va Daily representatives. ***Items Requiring Action*** 1. Request from the Frederick County Sherifffor Additional Personnel- Approved The Frederick County Sheriff requests a General Fund Supplemental Appropriation in the amount of$60S,214. These budget adjustments are required to fund nine (9) requested positions. Additional funding is required and this amount will require a public hearing. The Committee recommends approval with evaluation of vehicle inventory log and forwards to the Finance Committee for consideration. Upon motion made by Supervisor Douglas, seconded by Supervisor Sager, the above request was approved and forwarded to the County Finance Committee. 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 2. Request from the Commissioner of the Revenue to Discuss Reorl!anization of Positions and Additional Personnel - Approved In Part The Commissioner ofthe Revenue is proposing to reclassify two (2) positions, a pay increase for one (1) position and add one (1) additional position. The Committee did not recommend approval of the Auditor position. The Committee recommends approval of reclassifieation and promotions in the amount of $3,711. No additional funding is required. The Committee reeommends approval for a general fund supplemental appropriation in the amount of$I,641 and forwards to the Finance Committee for consideration. Upon motion made by Supervisor Douglas, seconded by Supervisor Smith, the above request was approved, and forwarded to the County Finance Committee. Minute Book Number 29 Board of Supervisors Regular Meeting of 10/08/03 205 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 PLANNING COMMISSION BUSINESS PUBLIC HEARING PUBLIC HEARING - REZONING #08-03 OF SWEJ. LLC. SUBMITTED BY GREENWAY ENGINEERING. TO REZONE 4.017 ACRES FROM RA (RURAL AREAS) DISTRICT TO RP (RESIDENTIAL PERFORMANCE) DISTRICT. THIS PROPERTY IS LOCATED ON THE NORTH SIDE OF SENSENY ROAD AND ADJOINS THE SENSENY GLEN SUBDIVISION TO THE NORTH AND WEST. AND IS IDENTIFIED WITH PROPERTY IDENTIFICATION NUMBER 65-A-47 AND 65-A-48 IN THE RED BUD MAGISTERIAL DISTRICT - APPROVED Deputy Planning Director Chris Mohn presented this request to the Board advising that the Planning Commission recommended approval. Evan Wyatt with Greenway Engineering appeared before the Board on behalf of the applicant. Supervisor Forrester moved to deny this request. There was no second to this motion. Supervisor Forrester advised she was struggling with this rezoning. Upon motion made by Supervisor Sager, seconded by Supervisor Douglas, Rezoning #OS-03 of SWEJ, LLC 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 PUBLIC HEARING - REZONING #09-03 OF SHENANDOAH MOBILE COURTS. INC.. SUBMITTED BY GREENWAY ENGINEERING. TO REZONE 7.08 ACRES FROM RA (RURAL AREAS) DISTRICT TO MH-l (MOBILE HOME COMMUNITY) DISTRICT. THIS PROPERTY IS LOCATED ON THE EAST SIDE OF FRONT ROYAL PIKE (ROUTE 522). 1.000 FEET SOUTH OF THE INTERSECTION OF ROUTE 522 SOUTH AND P APERMILL ROAD (ROUTE 644). AND IS IDENTIFIED WITH PROPERTY IDENTIFICATION NUMBER 76-A-l IN THE SHAWNEE MAGISTERIAL DISTRICT - APPROVED Director Lawrence presented this request to the Board advising the Planning Commission Minute Book Number 29 Board of Supervisors Regular Meeting of 10/08/03 206 had recommended approval at their meeting of September 17,2003. He advised that on February 12,2003, the Board of Supervisors approved a request to incorporate the subject 7.0S acre tract into the UDA and SWSA. This expansion resulted from the applicant's work with the Frederick County School Board to locate a site for a new middle school. In December of2002, the Frederick County School Board sought to purchase a 30-acre portion ofthe parent tract (Russell Farm); P .LN. 76-5-A for eventual use as the County's fourth middle school site. He further advised during the meetings concerning the UDA and SWSA expansion requests, the owner ofthe mobile home park noted that the road right of way, and road efficiency buffer required to screen the mobile home park, would displaee 15 mobile home units. The intent of the UDA and SWSA expansion was therefore to facilitate a rezoning necessary to relocate the 15 units to the expanded portion of the mobile home park. This rezoning application has been submitted to obtain the MH-l zoning necessary to accommodate the displaced units. Mark Smith of Greenway Engineering further clarified the proffer statement at the request of Supervisor Forrester. Supervisor Reyes, I'm just curious, so many mobile homes on that long strip, and there are no comments by the Sanitation Authority or the Frederick County Water & Sewer. Eric, they did not have any issues, because these units are currently served. Essentially the intent is to relocate displaced units because of a road over the site, but they are already being served by the public utility system, the water and sewer is already hooked up to them. Supervisor Smith, Don Dewitt who owns that, runs a good ship down there, he is very familiar with it. He does not think this County is in the business of putting people out of business. All we are doing is transferring it from one place to another, and he feels this is only fair, particularly since they gave the right-of-way there for the school, the road to go up there. He feels this is only right, this would literally put him out of business. Sam Lehman, Back Creek District, advised that he understood there were thirteen trailers that needed to be moved. Supervisor Reyes, he would like for Supervisor Smith to clarify his comments, about putting somebody out of business. He did not understand what he was saying. Supervisor Smith, well he had the units here, and if we turn this down, what is he going to do with them? He will be out of business, they have to move the trailers. Minute Book Number 29 Board of Supervisors Regular Meeting of 10/08/03 207 Supervisor Reyes, is that a problem for the Board? Supervisor Smith, yes I think when we came along and gave the school the right-of-way through there, he feels we have a moral obligation, if nothing else. We will literally put the man out of business, and he cannot go along with that whatsoever. He does not feel this County is in the business of putting people out of business. Upon motion made by Supervisor Smith, seconded by Supervisor Sager, Rezoning request #09-03 of Shenandoah Mobile Courts, Inc. was approved by the following recorded vote: Richard C. Shickle - Aye Robert M. Sager - Aye Sidney A. Reyes - Nay Gina A. Forrester - Nay W. Harrington Smith, Jr. - Aye Margaret B. Douglas - Aye Lynda J. Tyler - Aye BOARD OF SUPERVISORS COMMENTS Supervisor Forrester addressed the previous rezoning request from her district, Tab J. UPON MOTION MADE BY SUPERVISOR SAGER, SECONDED BY SUPERVISOR SMITH, THERE BEING NO FURTHER BUSINESS TO COME BEFORE THIS BOARD, THIS MEETING IS HEREBY ADJOURNED. (TIME: 8:33 P.M.) ~~ Richard C. Shickle Chairman, Board of Supervisors Minutes Prepared By: (~.--L. ~ ~~ Carol T. Bayliss Deputy Clerk, Board of Supervisors Minute Book Number 29 Board of Supervisors Regular Meeting of 10/08/03