December 10, 2003 Regular Meeting
Frederick County Board of Supervisors Meeting #14082-1 12/10/03
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FREDERICK COUNTY BOARD OF SUPERVISORS
MEETING
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Frederick County Office Building
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Winchester, Virginia
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Frederick County Board of Supervisors Meeting #14082-1 12/10/03
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1 FREDERICK COUNTY BOARD OF SUPERVISORS
2 MEETING
3 December 10, 2003
4 INVOCATION:
5 CHAIRMAN SHICKLE: We have
6 with us tonight the Reverend Philip
7 Rohrbaugh, Amazing Grace Fellowship Church,
8 to deliver our Invocation.
9 REVEREND ROHRBAUGH: Let us
10 pray. Heavenly Father, we come before your
11 throne of grace this evening with a heart of
12 thanksgiving for the many blessings of this
13 past year and a prayer of faithful
14 expectancy for the future. I would pray
15 your continued hand of blessing would rest
16 upon each of these Supervisors and County
17 Officials. May they experlence your
18 direction and wisdom as they deal with the
19 difficult lssues and may they always have a
20 courageous heart to be true to their
21 personal convictions and principles of life.
22 In this busy and sometimes hectic
23 holiday season, Lord, may we all be a little
24 kinder, a little more generous to those less
25 fortunate than we. May we truly experience
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1 the peace on earth and good will toward
2 men the Angel proclaimed so long ago. We
3 ask these favors in the name of the Father
4 and of his Son, Jesus the Christ and the
5 Holy Spirit, amen.
6 (Chorus of Amen.)
7 PLEDGE OF ALLEGIANCE:
8 CHAIRMAN SHICKLE: Supervisor
9 Smith, will you open with the Pledge of
10 Allegiance?
11 SUPERVISOR SMITH: Would you
12 please rise? I pledge allegiance to the
13 flag of the United States of America and to
14 the Republic for which it stands, one nation
15 under God, indivisible with liberty and
16 justice for all.
17 CHAIRMAN SHICKLE: Before we
18 adopt the Agenda I'd like to recognlze some
19 special guests here tonight. We have a Cub
20 Scout Pack that is working on their
21 Citizenship Achievement Award and I'll ask
22 Brian and his Pack members to come forward
23 and Brian will identify the Pack and then
24 we'll ask each of them to ident to glve
25 us their names. You might want to pull that
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down, Brian, the microphone. Right here,
right in front of you. Pull the microphone
down. There you go.
BRIAN JOYCE: Hello, my
name lS Brian Joyce and I am here from Pack
63 and we are, are here tonight working on
our Citizen Activity Badge.
JASON UNGER: I'm Jason Unger
and I'm with Pack 63 and I'm also working on
my Citizen Badge.
JUSTIN HUFF: My name lS
Justin Huff and I'm with Pack 63, also. I'm
working on my Citizen Badge.
NICKY LEE: My name is Nicky
Lee and I'm working on my Citizen Badge and
I'm in Pack 63, obviously.
CHAIRMAN SHICKLE: Welcome to
our meeting.
ADOPTION OF AGENDA:
Adoption of our Agenda, Mr. Riley?
ADM. RILEY: Thank you, Mr.
Chairman. I have nothing to add.
CHAIRMAN SHICKLE: Is there a
motion to approve?
SUPERVISOR SMITH:
So moved.
Frederick County Board of Supervisors Meeting #14082-1 12/10/03
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1 CHAIRMAN SHICKLE: The motion
2 by Supervisor Smith to approve, is there a
3 second?
4 SUPERVISOR FORRESTER: Second.
5 CHAIRMAN SHICKLE: Second by
6 Supervisor Forrester. Any discussion? All
7 those in favor aye?
8 (Chorus of Ayes.)
9 CHAIRMAN SHICKLE: Opposed
10 no? The adopt -- the, the Agenda is
11 adopted.
12 CONSENT AGENDA:
13 CHAIRMAN SHICKLE: Consent
14 Agenda, Administrator Riley?
15 ADM. RILEY: Thank you, Mr.
16 Chairman. I'd offer the following tabs for
17 the Board's consideration. Tab E, which lS
18 a road name change from Audrey Lane to
19 Whitlock Lane, Tab F, secondary changes
20 or changes to the secondary system due to
21 the relocation and construction of Warrior
22 Drive, Tab G, it's a memorandum from the
23 General Registrar reference to testing of new
24 voting machines and Tab P which is a road
25 resolution to include the Camp at Mosby
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Station, Section III.
CHAIRMAN SHICKLE: Is there a
motion to approve the Consent Agenda?
SUPERVISOR SMITH: So move.
CHAIRMAN SHICKLE: Motion by
Supervisor Smith, is there a second?
SUPERVISOR REYES:
CHAIRMAN SHICKLE:
Second.
Second by
All
Supervisor Reyes. Any discussion?
those in favor aye?
(Chorus of Ayes.)
CHAIRMAN SHICKLE:
no? Consent Agenda is approved.
CITIZEN COMMENTS:
Citizen Comments. This lS the
portion of the meeting that the Board sets
aside for citizens to address the Board on
any subject that's not scheduled for a
public hearing this evening. We've asked
citizens to sign up. Administrator Riley
will read the names. I'd ask you to limit
your comments to three minutes, please.
Administrator Riley?
ADM. RILEY: Thank you, Mr.
Chairman. Pat Gochenour, Red Bud District,
Opposed
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1 personal lssue.
2 MS. GOCHENOUR: Good evenlng.
3 I'm Patsy Gochenour, Red Bud District, and
4 my remarks are addressed to Sid. As you
5 know, I've been a resident of Winchester,
6 Frederick County, all my life and it was my
7 privilege to have Garland R. Quarles, not
8 only as my Superintendent, but my friend and
9 my mentor when I was at, a student at
10 Handley High and then continued ln as a
11 teacher, a young teacher in the Winchester
12 School System.
13 He was a master teacher and a
14 scholarly historian and the author of local
15 history. Therefore, the night of his
16 retirement banquet where he heard and
17 received many accolades that you will be
18 hearing tonight and, and will continue for
19 weeks to come, when it was his turn to speak
20 his first comment was how nice it was to be
21 able to hear one's obituary while he was
22 still alive to enjoy it.
23 Mr. Quarles went on to live many
24 years after that evening event by not only
25 continuing in the role of a master teacher
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1 and author, but servlng this community, this
2 community that he loved so very much.
3 I envision you doing the same thing
4 because you not only have outstanding
5 leadership qualities, you are a person who
6 cares and this is a much needed quality in
7 the public and political arena. Thank you
8 for your leadership, your devotion to the
9 residents of Frederick County. It lS indeed
10 my privilege to call you friend.
11 CHAIRMAN SHICKLE: Next,
12 Administrator Riley?
13 ADM. RILEY: Pam Kennedy,
14 Gainesboro District, personal.
15 MS. KENNEDY: Pam Kennedy,
16 Gainesboro. We are all familiar with the
17 words from Act 3, Julius Caesar, I come to
18 bury Caesar, not to praise him. But
19 tonight's words ring differently, I come to
20 pralse Sidney Reyes not to say farewell to
21 him.
22 This may be your last act as an
23 elected official, but not your last act.
24 You are unabashed, unafraid and unapologetic
25 for your devotion to and interest in kitchen
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table issues, the issues of the ordinary
citizen. You care about people, you care
about right and wrong and not about
strategies and slash and burn tactics.
Perhaps that's why you lost the recent
election, but you really did not lose, Sid.
Your opposition put wlnnlng as their
only goal, but when you Wln you need a plan
and they do not have it. They do not know
how to serve except for a narrow del
definition of self-serve. You, Sid, know
that servlng others is what matters. Your
goal was not to take the county back, but to
take it forward, not to keep business as
usual.
And what has been business as usual
ln Frederick County? A parallel to what is
happening nationally, gore the poor and go
to war. Locally, that has meant borrow and
spend with no concern for consequences.
Your opponents practice crony capitalism,
they run business by running it into the
ground.
Sid.
What a different approach from yours,
You've always cared about the people,
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1 not your cronles. You know that slowing the
2 growth is the only way to achieve true
3 balance and fiscal responsibility. 42
4 percent of the voters understood your message
5 and were not seduced by silly sound bytes.
6 Some people watching might be
7 surprised at the outpouring of affection for
8 Sid Reyes. After all, he's just a man, but
9 like the original just a man ln Jesus Christ
10 Superstar, when you're with Sid you're in
11 the presence of a pure soul, unblemished by
12 false pretense or promises unkept.
13 So, Sid, what are you left with?
14 The gratitude and appreciation of thousands
15 who know you and see you as a person of
16 principle, who raised the bar in Frederick
17 County and became a hero in his own time.
18 We thank you.
19 To Supervisor Sager, also, many
20 thanks for your kindnesses and your acts of
21 goodness, especially to children. You will
22 also be missed. Thank you.
23 CHAIRMAN SHICKLE: Next,
24 Administrator Riley?
25 ADM. RILEY: Sam Lehman, Back
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1 Creek District, thanks.
2 MR. LEHMAN: Sam Lehman, Back
3 Creek. I'd just like to take a few seconds
4 to thank my friend, Sid Reyes, for doing
5 such a good job of representing what I think
6 my position would have been on most of the
7 lssues. In 35 years of attending
8 Supervisors meetings on and off, I must say
9 it didn't surprise me that Sid would strike
10 fire. I think he's a true patriot and I
11 thank you, Sid, for your citizenship.
12 You've done your duty, I'll see you agaln.
13 CHAIRMAN SHICKLE: Next,
14 Administrator Riley?
15 ADM. RILEY: Dave Burgess,
16 can't read the address, thanks.
17 MR. BURGESS: Yeah, Dave
18 Burgess, Opequon District. I came here to
19 publicly thank Sid Reyes for his service to
20 the county and I guess I'd be remiss, too,
21 if I didn't thank Supervisor Sager as he
22 departs and Supervisor Douglas.
23 I'd also like to thank him for the
24 opportunity to work on his behalf in the
25 last election. Unfortunately we didn't
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1 prevail, but we fought a good fight. The--
2 I first met Sid two years ago when he went
3 with me and the Supervisors who went down to
4 Richmond to fight against the Winchester
5 sales tax. Last summer I got to know Sid
6 even more and I learned firsthand just what
7 kind of man he lS. Where others may throw
8 out the words, honor and integrity as if
9 they bought them by the gross at the five
10 and dime, Sid gives true value to those
11 words. I can't tell you how many times Sid,
12 as my boss during the election, told me stay
13 the high road all the while Sid is being
14 unjustly demonized.
15 Sid, you and I, along with rest of
16 your supporters, can stand with our heads
17 held high before anyone ln this room and the
18 whole county. We can be proud of our
19 efforts thanks to your leadership. I
20 especially feel proud that I can look my
21 children in the eyes and say without
22 hesitation that their dad fought the good
23 fight. And a lot of that I give credit to
24 you because of your influences.
25 Well, Sid, I guess they may say we
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1 failed in our social experiment of runnlng a
2 campalgn on the high road and staying on the
3 lssues. We could say if you can't beat
4 them, join them the next time or we can say
5 if at first you don't succeed, try, try
6 agaln. Based on the influences you have
7 glven to me I choose to stay on the high
8 road. However, the next fight, we just have
9 to learn how to punch harder and quicker for
10 our just causes to ward off the low blows.
11 So, thank you, Sid, in keeping me
12 inspired and believing that some day the
13 average people will Wln and thanks agaln for
14 all you've done for our community.
15 CHAIRMAN SHICKLE: Next,
16 Administrator Riley?
17 ADM. RILEY: Kevin Kennedy,
18 Gainesboro District, thanks.
19 MR. KENNEDY: Kevin Kennedy,
20 Gainesboro District. Supervisor Sager
21 Supervisor Sager, I wanted to take this
22 opportunity to recognize you and thank you
23 for your many years of service to the
24 county. In addition, I want to say that
25 although I have often disagreed with your
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1 votes, I have always seen you as a decent
2 person who does care about people and for
3 that reason I was truly appalled and
4 repulsed by the personal attacks that you
5 had to endure and the distortions, you know,
6 from the Republicans in the election just
7 gone. So, I wanted to say that to you
8 publicly.
9 While I'm up here let me thank you
10 agaln, Supervisor Douglas, for your work on
11 the Board and you, Supervisor Reyes, for
12 your years of service to the county. In
13 addition, I want to recognize you, Mr.
14 Reyes, for helping to bring a new approach
15 to the development issues in the county.
16 With help also from Supervisor Forrester and
17 Supervisor Tyler, the nature of the
18 development proposals to the Board has
19 improved.
20 I've read the, for example, read the
21 preliminary articles about this Cross Point
22 which will soon be presented to the Board
23 and I must say that the complexity of it and
24 attention to details related to environment
25 and transportation wouldn't have happened
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1 just a few short years ago. The bar for
2 development in the county has been raised
3 certainly thanks to all three of you.
4 It was from Supervisor Forrester over
5 four years ago that I first heard
6 consistently about this concept of slow
7 growth. Now, virtually every, everyone ln
8 the last election was talking about slow
9 growth, smart growth, controlled growth, all
10 kinds of growth. It's, it's, you know, it's
11 an lssue.
12 So, thank you, all of you, all three
13 of you for helping to raise the
14 consciousness of the citizens and public
15 officials on this very important issue with
16 the county.
17 CHAIRMAN SHICKLE: Next,
18 Administrator. Riley?
19 ADM. RILEY: Sarah Watkins,
20 Opequon District, personal.
21 MS. WATKINS: Sarah Watkins,
22 Opequon District. I read recently somewhere
23 that in the end a man will be judged not by
24 the kind of car he drove, not by how much
25 power he had, not by how big his house was,
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1 but by the difference he made in the life of
2 a child. And if that's the case then
3 there's a place in heaven for Supervisor
4 Sager because I can think of nobody who has
5 done more to advance the cause of the kids
6 ln this community and to protect the rights
7 of the kids in this community and to provide
8 care and safety and a home for many.
9 And as his child I am here to tell
10 you tonight that if I took all the things ln
11 this world that were fair and just and
12 righteous and loving and kind and gentle and
13 if I put them in a vessel and added a
14 mustache and really great hair and a booming
15 voice, then I would have Supervisor Sager
16 and all of the peace and all of the joy and
17 all of the comfort that he glves.
18 And I can say, and I can stand here
19 before you all and say that there is nobody
20 in this world who loves this man and lS more
21 proud of this man than I am right now and I
22 really resent the fact that many of you took
23 an opportunity to slam him and his ethics
24 and by doing that you slammed me and my
25 family and that's very regrettable.
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1 I'm sorry, Bob, that I couldn't
2 deliver your seat for you, I'm sorry that I
3 couldn't do more to help you, I'm sorry that
4 I couldn't stop Seth Thatcher and Ida Musser
5 and Bill Ewing and regrettably Chairman
6 Shickle from hurting you. But I have to
7 look at this loss as a blessing because God
8 works in miraculous ways and this lS an
9 opportunity for you to spend more time with
10 us, to exercise your faith, to exercise your
11 freedom. And this is coming from a kid who
12 would move mountains for her dad. Okay,
13 this is coming from a kid whose father
14 supposedly has an averSlon to family values
15 and to faith and freedom.
16 So, I just wanted to take this
17 opportunity to thank you for everything that
18 you are and everything that you do and to
19 show my displeasure and outright disgust and
20 disdain for all of you who did not stand up
21 for this man in his time of need because he
22 would have done it for you.
23 However, Supervisor Tyler, Supervisor
24 Reyes, I appreciate your support and your
25 care. And because I was raised by
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1 Supervisor Sager, I have to stand ln front
2 of you all and I have to wish you well and
3 I have to ask God's blessing on you because
4 those are the values I was raised with
5 despite what Seth Thatcher says, despite what
6 Chairman Shickle paid for. That's who I am,
7 that's who Supervisor Sager lS and I would
8 appreciate your respect in the future. I
9 would appreciate it if you would just
10 respect his dignity and his humanity and ln
11 the future that you would think twice before
12 you ever slam another human being
13 with those comments again. Thank you.
14 CHAIRMAN SHICKLE: Next,
15 Administrator Riley?
16 ADM. RILEY: Bob Pownall,
17 Opequon District, thanks.
18 MR. POWNALL: It's Shawnee
19 District, I'm sorry, I didn't put that in.
20 I'd also like to thank all three of you
21 leaving the Board, Margaret, Bob, Sid. And
22 one thing that made me get up, there's
23 plenty of people saying thank you, but what
24 disturbed me most, we all have to lose some
25 time. We lost and you can expect to lose
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1 some of the time, but the most disturbing
2 thing was the slander and innuendos
3 assassinating the character of you gentlemen,
4 in particular, in this last election. You
5 both maintained the high road, as we
6 referred to before, and you can hold your
7 head high and you can look yourself in the
8 mlrror.
9 Sid, ln particular, I want to thank
10 you for the, the questions you've raised
11 during your time on the Board. You didn't
12 always get your votes, but I believe other
13 people on the Board also as a result have
14 been raising questions since then and I
15 believe some of the proposed developments
16 have improved in recent times particularly as
17 was referred to before.
18 I was at the Planning Commission
19 hearing, the proposed Cross Point with its
20 mixed use, commercial development and so
21 forth and in where there's already roads and
22 putting the roads in, in fact, the
23 beginning, possible beginning of 37, but if
24 we're going to have 37 that's the way to
25 have it. So, if the developer pays for it,
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1 he's proposlng the first part of it and if
2 they want to have it across there they may
3 pay for it and we can all use it. But the
4 state budget, as we all know, is going to be
5 busy with 81 and other projects for a long
6 time even if we want 37.
7 Slow growth as was referred, I
8 believe more people are picking up on it.
9 We saw it on other signs. The last couple
10 weeks of the election a few more people
11 converting to slow growth and I hope you
12 meant it. I want to thank you for your
13 efforts on behalf of the citizens of the
14 county and for me, thank you for being my
15 friend.
16 CHAIRMAN SHICKLE: Next,
17 Administrator Riley?
18 ADM. RILEY: Bob Howard,
19 Gainesboro District.
20 MR. HOWARD: My name is Bob
21 Howard from the Gainesboro District. First
22 I want to congratulate you, Mr. Chairman,
23 Chairman Shickle, for your winning of the
24 reelection of your seat as Chairman. And to
25 Margaret I'd like to pay an special thanks
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1 to you for your eight years on the Board and
2 that you've done a wonderful job. You both
3 have and I am anXlOUS to see it continue and
4 believe it will.
5 And I feel like I must respond to
6 Supervisor Reyes' commentary as of Saturday
7 the 6th in which he said the you and you
8 alone hold the report card on how well I
9 performed during my four years of serVlce.
10 Supervisor Reyes, your report card came in
lIon November the 6th and I think that should
12 be well expressed.
13 And to the other Board member, Bob,
14 it's, I think you've done a good job.
15 You've been there eight years?
16 SUPERVISOR SAGER: Twelve.
17 MR. HOWARD: Twelve. So, I
18 wish, wish you luck, too, but I especially
19 want to thank Chairman Shickle and Margaret
20 for the work they've done and, and continue,
21 hope it will continue. Thank you.
22 CHAIRMAN SHICKLE: Next,
23 Administrator Riley?
24 ADM. RILEY: Thank you, Mr.
25 Chairman. Seth Thatcher, Red Bud District.
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1 MR. THATCHER: Again, my name
2 lS Seth Thatcher, Red Bud District. I must
3 admit I'm a little nervous to get up here
4 tonight, some of the comments haven't been
5 too nice about me personally, but I can
6 understand that under the circumstances. But
7 I just wanted to get up anyway because it's
8 important to thank people who have served,
9 thank all three that have served, but I
10 especially thank Margaret for her eight years
11 in Back Creek. It's important that she's
12 done an excellent job and I think the, the
13 Back Creek -- people of Back Creek ought to
14 be very proud of, of that. And so, once
15 again thanks, Margaret.
16 CHAIRMAN SHICKLE: Next,
17 Administrator Riley?
18 ADM. RILEY: Katherine
19 Whitesell, Stonewall District.
20 MS. WHITESELL: Good evenlng,
21 Katherine Whitesell, Stonewall District. I'm
22 here tonight to commend Sid for his job here
23 on the Board and for the high road during
24 the election. As you know, we were very
25 much held back many a time when we wanted to
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1 say or do things that -- in response to a
2 lot of negative campaigning and thanks to
3 him we didn't go there.
4 And, and I really am sorry, too,
5 Bob. A lot of times we didn't see eye to
6 eye on things. However, a lot, a lot of
7 this was unwarranted. And I was raised it's
8 not if you win or lose, it's how you play
9 the game and that's not how it lS ln
10 politics. It's unfortunate ln this small
11 community that it was do or die for this
12 election. And if you look at what the
13 reasons are, what's at stake, millions and
14 millions and millions of dollars of land use
15 changes that will affect all of us.
16 Unfortunately, the taxpayer when the -- they
17 start having to pick up the tab will come
18 out and vote next time.
19 And I just, I can't thank Sid
20 enough. Coming into this, I didn't really
21 know Sid that well. I mean, I knew who Sid
22 was, we were good friends, but I've gotten
23 to know Sid and I -- what he's given to me
24 lS a sense of right and wrong, that you
25 don't cross the line and if you do cross the
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1 line then you have to, you know, pay for it
2 in the long run. So, Sid, thank you.
3 Thank you for what you've glven us.
4 Chairman Shickle, congratulations. I
5 know that you've done a fairly good job as
6 the leader of our county and I'm glad that
7 you've adopted the slow growth philosophy and
8 I thank you for that. Thank you, Sid.
9 CHAIRMAN SHICKLE: Next,
10 Administrator Riley?
11 ADM. RILEY: Sharon Boyd,
12 Gainesboro District.
13 MS. BOYD: Hi, I'm Sharon
14 Boyd with the Gainesboro District.
15 Supervisor Douglas, Supervisor Sager and
16 Supervisor Reyes, I've come tonight to
17 express my gratitude and to say thank you to
18 each of you for the years that you've served
19 on the Board and for serving Frederick
20 County. I know it's a difficult task, it's
21 time consuming, it's hard work, it's not
22 always favorable, but I want you to know
23 that there are those of us who really
24 appreciate all that you have done.
25 In particular, I'd like to say thank
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1 you to Supervisor Reyes, my representative.
2 Sid, I remember when I first met you. This
3 constituent was going to let you know how
4 she felt about the proposed Shockey
5 industrial park. Her representative was
6 gOlng to know how she felt.
7 At that time I didn't know the first
8 thing about you, who you were, what you
9 represented, the person you were, but I soon
10 found out. I found out that you were your
11 own man, that nobody was going to tell you
12 what to think, how to act or what to say.
13 You were your own man. I also learned that
14 you were a man or honor, that you were fair,
15 that you were compassionate and you were
16 forgiving, that you're a man with vision
17 and, yes, you are a man of honor and a man
18 of integrity.
19 There's no doubt that you have raised
20 the bar for what the people of this
21 community have come to expect of our elected
22 officials, but for those of us who have had
23 the honor to know you, you have raised the
24 bar for what we have come to expect of
25 ourselves and I thank you and I thank each
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1 of you. Good night.
2 CHAIRMAN SHICKLE: Next,
3 Administrator Riley?
4 ADM. RILEY: R. J. Turner,
5 Back Creek District.
6 MR. TURNER: Good evenlng. My
7 name lS R. J. Turner, I'm a commercial real
8 estate broker, I own Turner Real Estate and
9 I come before you to thank you for something
10 you did in the past. You granted a
11 conditional use permit for 949 Cedar Creek
12 Grade, that is the ancestral home of the
13 Bell family. It is also known as Homespun.
14 Since you granted the conditional use
15 permit it has been put on the Virginia
16 Registry of Historic Properties, the National
17 Registry of Historic Properties and it's been
18 completely renovated. Yesterday we were
19 issued a conditional certificate of occupancy
20 for the first floor.
21 So, we invite all of you to come and
22 please see the building, okay? It's open
23 between 10:00 and 6:00, Monday through
24 Saturday. My wife, Mary Turner, has hired
25 six local people and has about 35 -- oh,
Frederick County Board of Supervisors Meeting #14082-1 12/10/03
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1 mUS1C, just like you'll hear ln the store if
2 any of you care to come.
3 I would also like to personally thank
4 Margaret, Sid and Bob for their wisdom and
5 leadership during very interesting times in
6 Frederick County. I'm now gOlng to leave
7 you to go home to my wife, Mary, who I love
8 because tonight is -- well, excuse me
9 today is our 20th annlversary. Thank you.
10 CHAIRMAN SHICKLE: All right.
11 Next, Administrator Riley?
12 ADM. RILEY: Mark Stivers,
13 Gainesboro District.
14 MR. STIVERS: R. J. before
15 you go out the door, I know you planned that
16 mUS1C that way.
17 Ladies and gentlemen, my name lS Mark
18 Stivers. I've been with this Board on many
19 occaSlons over the last three plus years and
20 this evening I wanted to take a moment to
21 thank each and everyone of you.
22 On several other occaSlons I've had
23 the opportunity to express my appreciation to
24 each of you for what you do. The long
25 hours, the things that the average person ln
Frederick County Board of Supervisors Meeting #14082-1 12/10/03
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1 the community has no comprehension you go
2 through on a daily basis and for the token
3 salary that you recelve. It's done, I know,
4 for a sense of community, a sense of glvlng
5 back and I appreciate that. And I think
6 that we should, as citizens of this
7 community, more often stand up and tell you
8 how much you are appreciated.
9 Now, there are three members that
10 will be leaving the Board and I want to take
11 a moment to relate to each of you. As you
12 know, I became actively a speaker before
13 this Board during the proposed Shockey
14 industrial rezonlng. And while not all of
15 you voted the same way that I would have
16 liked to have seen the vote go, nonetheless
17 it was, I think, in the long run the best
18 thing for this community.
19 Margaret, I want to thank you. You
20 didn't see eye to eye with me, but you took
21 the time and you came to my office, I shared
22 with you a very special thought that I had
23 and thank you for your time.
24 Bob, you stood, I think, long before
25 others and said, you know, I'm going to pay
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attention to what is right for that
community down there in Stephenson,
particularly. And to you I express very
heartfelt thanks.
And I will say, Harrington, because
you too cast that vote, a very substantial
vote that you too listened and I'm glad
you're on the Board for two more years.
And then finally, Sid, you as well.
There have been many kind things said about
you tonight and if we had ample time we
could go on and on. I have come to love
and respect you, sir, and I am very grateful
that we as a citizenry had the opportunity
to meet you, to know you and to have you
serve our interests, Slr. And I wish you
and your wife and your family the very best
and God bless you and Merry Christmas to
you, Slr. Merry Christmas to you all and
thank you.
CHAIRMAN SHICKLE: Next,
Administrator Riley?
ADM. RILEY:
That was the
last speaker, Mr. Chairman.
CHAIRMAN SHICKLE:
That was
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1 the last?
2 ADM. RILEY: Last.
3 CHAIRMAN SHICKLE: We will
4 close the citizen comment portion of the
5 meeting. Any Board members have any
6 comments?
7 BOARD OF SUPERVISORS COMMENTS:
8 SUPERVISOR SAGER: Yes, Slr,
9 I do.
10 CHAIRMAN SHICKLE: Supervisor
11 Sager?
12 SUPERVISOR SAGER: Fellow
13 Board members, Mr. Chairman. I just want to
14 take a moment, you'll have to excuse my
15 VOlce. First of all, I would like to thank
16 the citizens of Frederick County for allowing
17 me to serve them for 12 years. My only
18 purpose in serving was to make my community
19 a better place to live, make it a better
20 place for our children and our children's
21 children.
22 I respectfully submit to you that
23 during my tenure of 12 years I have taken
24 nothing nor used my position ln any way to
25 gain anything from being on the Board of
Frederick County Board of Supervisors Meeting #14082-1 12/10/03
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1 Supervisors. I have taken nothing from
2 anyone. For those that may say that I
3 offended them, my apologies. For those who
4 say that I did not serve them, my apologies.
5 Each vote that I took, I took in response to
6 prayer, reading and consideration and tried
7 to vote the betterment of my community.
8 Most of all for my family who have
9 supported me during the 12 years that I have
10 served on the Board. To my wife and my
11 children, one of which grew up during these
12 12 years and went from childhood to
13 adulthood and now two more babies who I'm
14 going to have a lot of time to go home --
15 I'm going to have the opportunity, maybe not
16 tonight, but tomorrow night again I'll sit
17 in the rocking chair in his room giving him
18 his bottle, rub his feet and I'll look at
19 him and I'll say thank you, Lord, for each
20 year you glve me the most wonderful
21 Christmas present. For my wife, Deanna, I
22 love you. You have been the one that bore
23 the brunt of disruption, disappointments,
24 times that we haven't had together. I look
25 forward to making that up.
Frederick County Board of Supervisors Meeting #14082-1 12/10/03
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1 To the children in the community. I
2 came back, when I retired from the Air Force
3 in 1973 I began working in children's
4 programs in the community. Because I will
5 not be working in many of the organizations
6 that are associated with the Board, I will
7 continue to serve you children in the
8 community as a member of the Executive Board
9 and the new Treasurer for Clean. I will
10 make it a point to, ln my capacity as a
11 private citizen, to make sure that you
12 recelve every benefit that I can possibly
13 help you with.
14 To all my children, my daughter,
15 Sarah, who came tonight, I love you dearly.
16 I couldn't have gotten through any of this
17 without you and it's because of my family
18 I'm able to sit here tonight and say this.
19 I wish each of you God's wonderful blessing,
20 as he has blessed me and my family, and I
21 hope that this holiday season, this Christmas
22 season, that you might enjoy the spirit and
23 the fellowship of our Lord as I do. Thank
24 you and God bless you.
25 CHAIRMAN SHICKLE: Any other
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1 Supervisor comments?
2 SUPERVISOR SMITH: Yes, Slr,
3 Mr. Chairman.
4 CHAIRMAN SHICKLE: Supervisor
5 Smith?
6 SUPERVISOR SMITH: I would
7 like to, this would be better at the end of
8 the meeting, we haven't really another chance
9 to say it. I'd like to wish all my
10 colleagues here a very Merry Christmas and a
11 Happy New Year and to the people here
12 assembled and also to those in television
13 land a very Merry Christmas and a very happy
14 and prosperous New Year.
15 CHAIRMAN SHICKLE: Is that a
16 motion, Supervisor Smith?
17 SUPERVISOR SMITH: Yes, Slr.
18 If you want to make it a motion, if you
19 think somebody will second it.
20 CHAIRMAN SHICKLE: Well,
21 maybe somebody might.
22 SUPERVISOR FORRESTER: Second
23 by Harrington.
24 CHAIRMAN SHICKLE: Did I hear
25 somebody?
Frederick County Board of Supervisors Meeting #14082-1 12/10/03
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1 SUPERVISOR FORRESTER: I
2 second it.
3 CHAIRMAN SHICKLE: Supervisor
4 Forrester makes a second. All in favor aye?
5 (Chorus of Ayes.)
6 CHAIRMAN SHICKLE: Opposed
7 no? Merry Christmas. Any other Supervisor
8 comments?
9 MINUTES (SEE ATTACHED) :
10 CHAIRMAN SHICKLE: Next on
11 the Agenda are Minutes, Regular Meeting
12 September the 24th, 2003. Is there a motion
13 to approve?
14 SUPERVISOR FORRESTER: I move
15 for approval.
16 CHAIRMAN SHICKLE: We have a
17 motion to approve by Supervisor Forrester, is
18 there a second?
19 SUPERVISOR DOUGLAS: Second.
20 CHAIRMAN SHICKLE: Second by
21 Supervisor Douglas. Any discussion?
22 SUPERVISOR DOUGLAS: Wow.
23 CHAIRMAN SHICKLE: Pardon me?
24 SUPERVISOR DOUGLAS: Wow.
25 CHAIRMAN SHICKLE: All those
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1 ln favor aye?
2 (Chorus of Ayes.)
3 CHAIRMAN SHICKLE: Opposed
4 no? The Minutes are approved.
5 COUNTY OFFICIALS:
6 Next on the Agenda under County
7 Officials is the recognition of the Frederick
8 County Ecyling award and I think Tim Stowe
9 is here to explain this special award to us.
10 RECOGNITION OF FREDERICK
11 COUNTY'S E-CYCLING AWARD
12 ADM. RILEY: I believe this
13 award -- Supervisor. Tyler.
14 CHAIRMAN SHICKLE: Supervisor
15 Tyler.
16 SUPERVISOR TYLER: Mm-hmm.
17 (Indicating affirmatively.) For this one.
18 CHAIRMAN SHICKLE: Would you
19 like to introduce this one?
20 SUPERVISOR TYLER: Yes, I
21 will. I'm gOlng to sit here because I have
22 a prepared statement that I would like to
23 read a bit and then I'll have Gloria
24 Puffenberger come up, who is our Solid Waste
25 Manager for Frederick County.
Frederick County Board of Supervisors Meeting #14082-1 12/10/03
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1 As Chairman of the Public Works
2 Committee it gives me great pleasure to
3 congratulate the Public Works and the
4 Landfill staff on their highly successful
5 regional electronics program by presenting an
6 Achievement Award from the Virginia
7 Association of Counties. Margaret and I
8 were able to go up on stage and, and receive
9 this, but the folks that actually carried
10 this out is our professional staff.
11 Since its inception this program has
12 recycled more than 80 tons of electronics
13 crap collected from residences and
14 businesses. It conserves landfill space,
15 diverts heavy metals from the landfill, such
16 as lead, provides raw materials for new
17 consumer products and serves as a model for
18 other communities across the Commonwealth.
19 Further, the Board of Supervisors,
20 the Public Works Committee and the Landfill
21 Oversight Committee should also be commended
22 for their foresight and environmental
23 stewardship as displayed through their
24 support at the regional electronics
25 recycling.
Frederick County Board of Supervisors Meeting #14082-1 12/10/03
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1 And, Gloria, if you will come up I
2 have an award. Over here. This is for
3 you. This is Gloria. She is the re -- she
4 is our Solid Waste Manager. You'll have a
5 hard time remembering that one. She got a
6 promotion. This is an award from the
7 Virginia Association of Counties on our
8 electronics recycling program, one of the few
9 in the state to receive these honors and
10 they've been
11 (Round of applause.)
12 CHAIRMAN SHICKLE: My
13 apologies, Supervisor Tyler, on which award
14 is which.
15 SUPERVISOR TYLER: Mm-hmm.
16 (Indicating affirmatively.)
17 CHAIRMAN SHICKLE:
18 Administrator Riley is -- the next award.
19 SUPERVISOR TYLER: Mm-hmm.
20 (Indicating affirmatively.)
21 RECOGNITION OF ASSOCIATION OF CONSERVATION
22 ENGINEERS (ACE) NATIONAL AWARD OF MERIT TO
23 THE FREDERICK-WINCHESTER SERVICE AUTHORITY
24 IN CONJUNCTION WITH ANDERSON & ASSOCIATES
25 FOR WORK ON THE ABRAMS CREEK RESTORATION
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PROJECT. (SEE ATTACHED)
CHAIRMAN SHICKLE:
Is Mr.
Stowe here?
ADM. RILEY: Yes, slr, Mr.
Stowe lS here to make the presentation.
MR. STOWE: Chairman Shickle,
Board Members, it's my pleasure to be here
this evening. My name is Tim Stowe, I'm
Executive Vice President of the engineering
firm Anderson & Associates and I'd like to
ask Bob Carpenter, who is the Chairman of
the Frederick-Winchester Service Authority to
]Oln me here.
I have here a plaque this evenlng
that's the nationally acclaimed ACE Merit
Award sponsored by the Association of
Conservation Engineers. I was fortunate
enough to represent Anderson & Associates and
the Service Authority in Charleston, South
Carolina recently to recelve this award and
this plaque and I'll read it to you. It's
the Carl V. Anderson Conservation Project
Award for 2003, the Award of Merit, Anderson
& Associates and the Frederick-Winchester
Service Authority, Jesse W. Moffett,
Frederick County Board of Supervisors Meeting #14082-1 12/10/03
Page 39
1 Executive Director for the Abrams Creek
2 Restoration Project.
3 Now, the ACE Award recognlzes the
4 leadership of Jesse Moffett and what Jesse
5 did, in 2002 we went out and discovered that
6 about 100 feet of the sewer main that goes
7 down to the wastewater treatment plant on
8 Opequon Creek had been exposed. The creek
9 had moved over, Abrams Creek had moved about
10 75 feet and, and there was a very real
11 danger of an environmental disaster for the
12 sewage to the pipe to rupture and sewage
13 to go into the creek.
14 Through the leadership of Jesse
15 Moffett we suggested an environmentally sound
16 approach of using the natural steam
17 restoration process to get the stream back
18 on its natural course, to hold it there and
19 that process was very effective is rec
20 and is nationally recognized with this award
21 amongst conservation engineers from across
22 the country in this competition.
23 This was the first project of its
24 type ln the region and you can actually see
25 some of the pipe that's exposed here in this
Frederick County Board of Supervisors Meeting #14082-1 12/10/03
Page 40
1 photograph where the, where the, where the
2 creek is, is up on top of the pipe. And
3 once we were done we were able to use
4 materials from the site. We used tree
5 stumps from the site to armament the, the
6 shores of the, of the creek, we used rocks
7 from the area. And, if you have the
8 opportunity to walk down there what you'll
9 see is lots of wildlife in the area, you'll
10 see lots of aquatic life along the creek and
11 you'll see that it's holding very firmly
12 with the hundred willow trees that we
13 planted along the shores to stabilize it and
14 all the other factors that are ln place.
15 So, we're delighted to be part of a
16 project that's a first in the region of this
17 type, to be a part of a project that's
18 nationally recognized. And, Mr. Carpenter, I
19 present to you the 2003 National ACE Award
20 and I'd like to yield some time to Mr.
21 Carpenter.
22 MR. CARPENTER: Thank you.
23 It's, it's always nice to receive an award
24 and I'm sorry Jesse Moffett was not able to
25 be here this evening. He had a conflict.
Frederick County Board of Supervisors Meeting #14082-1 12/10/03
Page 41
1 If I just, Mr. Chairman, too, a very quick
2 moment.
3 There are several members of the
4 Authority Board that are present this evening
5 and if I could just ask them to stand. I
6 think it would be good for the public to see
7 them. I'm not sure how many we have, but I
8 saw Tim, I think, and Ritchie, John, Dick,
9 any other -- and obviously Supervisor Tyler.
10 Are there any other Authority member board -
11 - Board members here?
12 Mr. Chairman and Members of the
13 Board, as one of the two jurisdictions,
14 along with the City of Winchester, that are
15 the customer base of the Frederick-Winchester
16 Service Authority, this, this recognition I
17 think for us as a Board is just a wonderful
18 recognition. It's a great source of pride
19 for the Authority.
20 It underscores, I think, two very
21 important points. One lS that this
22 Authority provides the residents of
23 Winchester-Frederick County with, number one,
24 very efficient and affordable service in, ln
25 a municipally, municipal utility. And,
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secondly, I think it also underscores that
members of the Board that you see here
tonight take their responsibility very
seriously. And when a problem arlses, such
as this problematic situation, they try to
make decisions that benefit the community,
that are environmentally protective for the
community and benefit the quality of life
for everyone concerned.
So, we're very pleased to recelve
this and I'll certainly see that Jesse gets
this for the office. Thank you so much.
SUPERVISOR TYLER: Thank you.
MR. CARPENTER: Mr. Chairman,
there is a display behind Mr. Riley that'll
be posted in the hall that provides more
details on the project for those that are
interested. Thank you.
COMMITTEE APPOINTMENTS:
CHAIRMAN SHICKLE: Next on
the Agenda under Tab C are Committee
Appointments, Board of Zoning Appeals,
Shawnee, are we ready?
SUPERVISOR SMITH: Mr.
Chairman, I promised you I would be.
I've
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had three people turn me down.
CHAIRMAN SHICKLE: So, we're
not ready?
SUPERVISOR SMITH: We're not
ready.
CHAIRMAN SHICKLE: We have
Chapter 10...
SUPERVISOR TYLER: I have
nothing.
CHAIRMAN SHICKLE:
. . . do we
have any nominees?
SUPERVISOR TYLER: I'm still
working on one.
CHAIRMAN SHICKLE: All right.
Northern Shenandoah Regional Commission, the
term for myself and Supervisor Sager expires
on 12/31.
SUPERVISOR DOUGLAS: I move
that you two be reappointed.
CHAIRMAN SHICKLE:
Administrator Riley, are these Board members?
ADM. RILEY: Yes, sir.
SUPERVISOR DOUGLAS: Okay.
Mr. Shickle, then, I nominate you.
CHAIRMAN SHICKLE: Would you
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like for us to hold this over?
SUPERVISOR SMITH: I think we
can go ahead and, and select you.
SUPERVISOR DOUGLAS: Select
you, yes.
CHAIRMAN SHICKLE: All right.
Is that, lS that a motion?
SUPERVISOR DOUGLAS: Yes.
SUPERVISOR SMITH: Second.
CHAIRMAN SHICKLE: A motion
by Supervisor Douglas, second by Supervisor
Smith. Any discussion? All those in favor
aye?
(Chorus of Ayes.)
CHAIRMAN SHICKLE: Opposed
no? Motion carrles. Frederick-Winchester
Service Authority, we have Supervisor Tyler,
her term expires on January the 10th. I
believe she does wish to serve again.
SUPERVISOR SMITH: So
moved...
SUPERVISOR SAGER: Second
that.
SUPERVISOR SMITH:
. . . Mr .
Chairman.
Frederick County Board of Supervisors Meeting #14082-1 12/10/03
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1 SUPERVISOR SAGER: Second.
2 CHAIRMAN SHICKLE: We have a
3 motion by Supervisor Smith, second by
4 Supervisor Sager. Any discussion? All
5 those in favor aye?
6 (Chorus of Ayes.)
7 CHAIRMAN SHICKLE: Opposed
8 no? The motion carrles. Parks and
9 Recreation Commission, Shawnee District.
10 SUPERVISOR SMITH: Yes, Slr.
11 Mr. Chairman, I hear that Mrs. Swartz would
12 like to be on there, but I haven't talked to
13 her, but I heard Vla a third party that she
14 would. So, this will be an appointment for
15 next meeting.
16 CHAIRMAN SHICKLE: All right.
17 Planning Commission, Gene Fisher - Member-at-
18 Large. I believe that's my appointment and
19 I would so move for reappointment.
20 SUPERVISOR SMITH: Second.
21 CHAIRMAN SHICKLE: Motion by
22 myself and a second by Supervisor Smith.
23 Any discussions? All those in favor aye?
24 (Chorus of Ayes.)
25 CHAIRMAN SHICKLE: Opposed
Frederick County Board of Supervisors Meeting #14082-1 12/10/03
Page 46
1 no? Motion carrles.
2 All right, next on the Agenda is a
3 request from the Commissioner of Revenue for
4 refunds.
5 REQUEST FROM THE COMMISSIONER
6 OF THE REVENUE FOR REFUNDS
7 "Please ask the Board of Supervisors
8 to allow the Treasurer to refund or roll
9 credits as needed for Ford Motor Credit
10 Company. these are abatements of tax
11 charged to FORD on vehicles that have now
12 proven to be sold and subsequently located
13 ln other jurisdictions for the second half
14 of 2003. All truck information has been
15 verified for this exoneration by staff and
16 is found to be correct. Exoneration total
17 for authorization is: $6,013.35. There are
18 a total of 4 heavy trucks involved in this
19 amount. Additional backup is in the
20 Commissioner of the Revenue office. Thank
21 you for taking care of this matter."
22 Administrator Riley?
23 ADM. RILEY: Thank you, Mr.
24 Chairman. The Commissioner of Revenue has
25 requested, the County Attorney has approved
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the request to allow the Treasurer to refund
or roll credits as needed for Ford Motor
Credit Company. These abatements of tax
charged to Ford on vehicles that have now
proven to be sold and consequently located
in other jurisdictions. The amount of the
authorization is $6,013.35.
CHAIRMAN SHICKLE: Any
questions of Administrator Riley? Is the
Commissioner here?
SUPERVISOR TYLER:
CHAIRMAN SHICKLE:
She lS.
Any
questions of the Commissioner or
Administrator Riley? Otherwise is there a
motion to approve?
SUPERVISOR FORRESTER: I move
the motion to approve.
CHAIRMAN SHICKLE: Motion by
Supervisor Forrester to approve, is there a
second?
SUPERVISOR TYLER:
I'll
second.
CHAIRMAN SHICKLE:
Supervisor Tyler. Any discussion?
none, Supervisor Tyler?
Second by
Hearing
Frederick County Board of Supervisors Meeting #14082-1 12/10/03
Page 48
1 SUPERVISOR TYLER: Aye.
2 CHAIRMAN SHICKLE: Supervisor
3 Reyes?
4 SUPERVISOR REYES: Aye.
5 CHAIRMAN SHICKLE: Supervisor
6 Douglas?
7 SUPERVISOR DOUGLAS: Aye.
8 CHAIRMAN SHICKLE: Supervisor
9 Smith?
10 SUPERVISOR SMITH: Aye.
11 CHAIRMAN SHICKLE: Supervisor
12 Sager?
13 SUPERVISOR SAGER: Aye.
14 CHAIRMAN SHICKLE: Supervisor
15 Forrester?
16 SUPERVISOR FORRESTER: Aye.
17 CHAIRMAN SHICKLE: The
18 Chairman votes aye and the motion carries.
19 REQUEST FOR ROAD NAME CHANGE - AUDREY LANE
20 TO WHITLOCK LANE.
21 APPROVED UNDER CONSENT AGENDA.
22 RESOLUTION RE: CHANGES IN THE SECONDARY
23 SYSTEM DUE TO RELOCATION AND CONSTRUCTION ON
24 WARRIOR DRIVE (ROUTE 719).
25 APPROVED UNDER CONSENT AGENDA.
Frederick County Board of Supervisors Meeting #14082-1 12/10/03
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1 MEMORANDUM FROM GENERAL REGISTRAR RE: HELP
2 AMERICAN VOTE ACT (HAVA) AND THE DIRECT
3 ELECTRONIC RECORDING VOTING MACHINES.
4 APPROVED UNDER CONSENT AGENDA.
5 ADOPTION OF THE FREDERICK COUNTY EMERGENCY
6 OPERATIONS PLAN. (PREVIOUSLY PROVIDED TO THE
7 BOARD BY THE FIRE AND RESCUE DEPARTMENT.)
8 REQUEST OF THE FIRE AND RESCUE DEPARTMENT
9 FOR ADDITIONAL PERSONNEL. (PRESENTED AT
10 OCTOBER 22, 2003 BOARD MEETING AND DECEMBER
11 1, 2003 WORK SESSION.)
12 CHAIRMAN SHICKLE: Our next
13 item is Number 8, adoption of the Frederick
14 County Emergency Operations Plan. It was
15 previously provided to the Board.
16 Administrator Riley, how will we handle that?
17 ADM. RILEY: Thank you, Mr.
18 Chairman. You do have the Emergency
19 Operations Plan that was delivered to you
20 previously. Director Dubruhler is here if
21 you have any questions with reference to the
22 plan. It is a statutory requirement of the
23 Commonwealth of Virginia that these plans be
24 updated and approved and it's respectfully
25 requested that the Board approve same.
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CHAIRMAN SHICKLE:
Administrator Riley, do you anticipate that
we will review an update annually or as
needed?
ADM. RILEY: I believe it
would be as needed, but this plan needs to
have a regular update and review because the
plan previous to this did not and it was so
woefully out of date that it took
approximately two years to update it.
CHAIRMAN SHICKLE: As a part
of our approval process could we include, at
least in the initial years, an annual update
or review?
ADM. RILEY: Yes, Slr.
CHAIRMAN SHICKLE: Would that
be an encumbrance upon staff?
ADM. RILEY: Yes, Slr, that'd
be fine.
CHAIRMAN SHICKLE: That's a
suggestion by the Chairman, is there a
motion?
SUPERVISOR FORRESTER:
I, I
make that motion.
CHAIRMAN SHICKLE: Motion to
Frederick County Board of Supervisors Meeting #14082-1 12/10/03
Page 51
1 approve and to annually update?
2 SUPERVISOR FORRESTER: And to
3 have an annual reVlew.
4 SUPERVISOR SMITH: Second.
5 CHAIRMAN SHICKLE: We have a
6 motion by Supervisor Forrester and second by
7 Supervisor Smith. Any discussion? All
8 those in favor aye?
9 (Chorus of Ayes.)
10 CHAIRMAN SHICKLE: Opposed
11 no? The motion carrles.
12 Next item, Tab H, lS request of the
13 Fire and Rescue Department for additional
14 personnel presented at the October 22nd Board
15 meeting and December 1st, 2003 work session.
16 Administrator Riley?
17 ADM. RILEY: Thank you, Mr.
18 Chairman. I believe the board is familiar
19 with this subject matter. On October the
20 22nd the Board did hold a public hearing on
21 the request for the supplemental
22 appropriation. The Board at that meeting
23 did authorize five positions for Clearbrook
24 Fire and Rescue, one for Greenwood. The
25 residual positions were held in abeyance
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until more opportunity was afforded for
discussion between staff and the volunteer
association. As a result of that Board's
action we held a work session last Monday
night that lasted approximately three hours
to discuss this issue further and it is back
before the Board this evenlng for
disposition.
CHAIRMAN SHICKLE:
Administrator Riley, would you say that it's
a fair assumption that our choices are to
approve, deny or refer back to Association?
ADM. RILEY: I believe that's
a fair assessment, Mr. Chairman and I do
believe you do have some correspondence in
front of you from the President of the Fire
and Rescue Association asking for further
consideration.
CHAIRMAN SHICKLE:
Pleasure
of the Board?
SUPERVISOR REYES: Mr.
Chairman?
CHAIRMAN SHICKLE: Supervisor
Reyes?
SUPERVISOR REYES:
I'd like
Frederick County Board of Supervisors Meeting #14082-1 12/10/03
Page 53
1 to make a motion.
2 CHAIRMAN SHICKLE: Okay.
3 SUPERVISOR REYES: And if I
4 can preface the motion by reading part of
5 the contract between Frederick County and the
6 Volunteer Association?
7 CHAIRMAN SHICKLE: Go ahead.
8 SUPERVISOR REYES: Thank you.
9 CHAIRMAN SHICKLE: Read that
10 and then tell me when you get to the motion.
11 SUPERVISOR REYES: Okay, Slr.
12 This is just to give the citizens a little
13 bit of the background of how fire and rescue
14 is operated between volunteers and career in
15 Frederick County and some of you might not
16 be too familiar with the intricacies of this
17 operation. And I must say that safety is
18 the paramount issue.
19 This is part of the contract that's
20 signed between a volunteer fire and rescue
21 company and the county when they get career
22 personnel assigned to the station. And I'm
23 just going to read the background, but
24 there's 22 pages to the contract.
25 The county and its volunteer fire and
Frederick County Board of Supervisors Meeting #14082-1 12/10/03
Page 54
1 rescue companles have several decades
2 cooperated in order to provide exemplary fire
3 and rescue serVlces to the citizens of
4 Frederick County, Virginia. The county lS
5 committed to continued growth and
6 improvements of its volunteer and rescue
7 companies and assuring safe and efficient
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12
13 As growth within the county has
14 continued fire and rescue serVlce demands
15 have increased. This has created a need for
16 a fire and rescue system within the county
17 to evolve into a combination volunteer,
18 career fire and rescue service. In order to
19 provide additional support to the volunteer
20 companies' plan for future serVlce needs and
21 provide management and supervisors for
22 career, fire and rescue personnel, the county
23 has established an agency of the county
24 government, a Fire and Rescue Department.
25 This agency is headed by the Director of
proVlslons and essential fire and rescue
serVlces. The volunteer fire and rescue
companles are committed to utilizing their
personnel and resources to achieve the same
goal.
Frederick County Board of Supervisors Meeting #14082-1 12/10/03
Page 55
1 Fire and Rescue.
2 The Director shall serve as the
3 county's representative on all fire and
4 rescue issues and shall perform duties and
5 responsibilities in accordance with the
6 established job description. The county
7 remains committed to maintaining a strong and
8 viable volunteer fire and rescue system that
9 is supplemented by career fire and rescue
10 employees as needed.
11 This agreement lS intended to further
12 enhance the partnership that exists between
13 the county, volunteer companies and the
14 Department by providing greater clarity to
15 the role and responsibility of each party.
16 This agreement is also intended to support
17 our mission to provide the most efficient
18 and cost effective fire and rescue serVlces
19 to the people of Frederick County.
20 Having said that, I move that we
21 adopt the resolution Fiscal Year 2003-2004
22 Budget Amendment whereas the Frederick County
23 Board of Supervisors meeting ln regular
24 session and public hearing held on
25 October22nd took the following action.
Frederick County Board of Supervisors Meeting #14082-1 12/10/03
Page 56
1 Now, therefore, be it resolved, by
2 the Board of Supervisors Fiscal Year 2003-
3 2004 Budget be amended to reflect a General
4 Fund supplemental appropriations ln the
5 amount of $780,494. This amount represents
6 the personnel request for the Frederick
7 County Fire and Rescue Department.
8 CHAIRMAN SHICKLE: Supervisor
9 Reyes, that's the resolution we've already
10 adopted. It's already been passed.
11 ADM. RILEY: I believe that
12 resolution was amended, Mr. Chairman, to
13 reflect the hiring of the five career
14 personnel. We didn't act on the entirety of
15 the resolution at that October 22nd meeting.
16 CHAIRMAN SHICKLE: So, the
17 upon motion by -- down at the end lS the
18 amendment to it or change to it?
19 ADM. RILEY: Correct. Under
20 your Tab...
21 CHAIRMAN SHICKLE: The
22 what's ln the -- what in the notebook?
23 ADM. RILEY: Right, Tab I.
24 CHAIRMAN SHICKLE: The copy
25 of the resolution?
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ADM. RILEY: Yes, Slr.
CHAIRMAN SHICKLE: So,
Supervisor Reyes' motion would be appropriate
to basically go back to the full request?
ADM. RILEY: Yes, sir, it
would be.
CHAIRMAN SHICKLE: But the
part that's in -- upon the last section has
already actually been approved? So, we're
not doing a, a total new supplemental
appropriation, but some part of it?
ADM. RILEY: That's correct.
We are, we are...
I know
CHAIRMAN SHICKLE:
what your intent lS...
ADM. RILEY: Yes, Slr.
CHAIRMAN SHICKLE:
. ..Supervisor Reyes. The dollar amount
probably is less because we already did part
of it.
SUPERVISOR REYES:
CHAIRMAN SHICKLE:
everybody understand his motion?
(Affirmative responses.)
SUPERVISOR SAGER:
Okay.
Does
Second
Frederick County Board of Supervisors Meeting #14082-1 12/10/03
Page 58
1 this motion.
2 CHAIRMAN SHICKLE: All right.
3 We have a motion by Supervisor Reyes and a
4 second by Supervisor Sager. Any discussion?
5 The Chair would like to say that he
6 lS not adverse to the motion nor the
7 augmentation of firemen or leadership or
8 training, but he does believe that there lS
9 more work that needs to be done between the
10 Volunteer Fire Association and the Career
11 Staff on this matter. So, I do intend to
12 vote no, but not because it's a lack of
13 support for fire and rescue serVlces. Any
14 other discussion?
15 SUPERVISOR DOUGLAS: Well, I
16 would like to say I feel the same way
17 because I have said at the work session that
18 I was ready to vote on this tonight, but I
19 have gotten so much information within the
20 last few days that I really don't feel that
21 I can.
22 CHAIRMAN SHICKLE: Any other
23 discussion? Hearing none, are we ready to
24 vote? Supervisor Forrester?
25 SUPERVISOR FORRESTER: Aye.
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CHAIRMAN SHICKLE: Supervisor
Sager?
SUPERVISOR SAGER: Aye.
CHAIRMAN SHICKLE: Supervisor
Smith?
SUPERVISOR SMITH: No.
CHAIRMAN SHICKLE: Supervisor
Douglas?
SUPERVISOR DOUGLAS: No.
CHAIRMAN SHICKLE: Supervisor
Reyes?
SUPERVISOR REYES: Aye.
CHAIRMAN SHICKLE: Supervisor
Tyler?
SUPERVISOR TYLER:
CHAIRMAN SHICKLE:
Aye.
The
Chairman votes no and the motion carries.
It is approved.
COMMITTEE REPORTS:
FINANCE COMMITTEE
CHAIRMAN SHICKLE: Our next
report is Committee Reports under Tab I,
Finance Committee.
SUPERVISOR SMITH: Thank you,
Mr. Chairman. The Finance Committee met on
Frederick County Board of Supervisors Meeting #14082-1 12/10/03
Page 60
1 November the 13th. All members were present
2 and all of these items that we have here,
3 and there are quite a few of them, were all
4 passed unanimously.
5 First of all, the Consent Agenda lS
6 recommended to be Item 1, 3, 5, 7 and 10
7 and 13. I so move for approval of the
8 Consent Agenda.
9 (1) The Solid Waste Manager is requesting
10 a General Fund supplemental appropriation in
11 the amount of $350. This amount represents
12 donations for the printing and binding of a
13 2004 Earth Day calendar. No additional
14 local funds are needed. the committee
15 recommends approval.
16 (3) The Director of Fire and Rescue
17 requests a general fund supplemental
18 appropriation in the amount of $109,631.67.
19 this amount represents unspent grant funds
20 and is requested to be carried forward to FY
21 2004. No additional local funds are needed.
22 The committee recommends approval.
23 (5) The Director of Public Works requests
24 a landfill fund budget transfer in the
25 amount of $15,192.72 from the contingency
Frederick County Board of Supervisors Meeting #14082-1 12/10/03
Page 61
1 line item to the tipping fee adjustment line
2 item. This amount is needed to cover a
3 rebate due based on the sliding scale
4 agreement. No additional funds are needed.
5 The committee recommends approval.
6 (7) The Sheriff requests a general fund
7 supplemental appropriation in the amount of
8 $1,500. This amount represents donations
9 received for the purchase of a sniper rifle
10 and is requested to be appropriated in line
11 item 3 102-54-9-000-000 police supplies. No
12 additional local funds are needed. The
13 committee recommends approval.
14 (10) The Department of Juvenile Justice
15 requests a general fund supplemental
16 appropriation in the amount of $2,583.75.
17 this amount represents unspent grant funds
18 that are requested to be carried forward to
19 FY 2004 for telephone serVlces and drug
20 supplies. No additional local funds are
21 needed. The committee recommends approval.
22 (13) The Executive Director of Economic
23 Development requests a general fund
24 supplemental appropriation in the amount of
25 $28,379. This amount represents additional
Frederick County Board of Supervisors Meeting #14082-1 12/10/03
Page 62
1 federal funds for support of the Telebusiness
2 Center. No additional local funds are
3 needed. The committee recommends approval.
4 SUPERVISOR FORRESTER: I
5 second that.
6 CHAIRMAN SHICKLE: We have a
7 motion by Supervisor Smith and a second by
8 Supervisor Forrester for Items 1, 3, 5, 7,
9 10 and 13. Is there any discussion?
10 Hearing none, Supervisor Tyler?
11 SUPERVISOR TYLER: Aye.
12 CHAIRMAN SHICKLE: Supervisor
13 Reyes?
14 SUPERVISOR REYES: Aye.
15 CHAIRMAN SHICKLE: Supervisor
16 Douglas?
17 SUPERVISOR DOUGLAS: Aye.
18 CHAIRMAN SHICKLE: Supervisor
19 Smith?
20 SUPERVISOR SMITH: Aye.
21 CHAIRMAN SHICKLE: Supervisor
22 Sager?
23 SUPERVISOR SAGER: Aye.
24 CHAIRMAN SHICKLE: Supervisor
25 Forrester?
Frederick County Board of Supervisors Meeting #14082-1 12/10/03
Page 63
1 SUPERVISOR FORRESTER: Aye.
2 CHAIRMAN SHICKLE: The
3 Chairman votes aye and the motion carries.
4 SUPERVISOR SMITH: Item 2,
5 Department of Public Works requests addition
6 of a new cellular phone for the recently
7 added Environmental Inspector position. No
8 additional local phones are needed. The
9 Committee recommends approval and I so move.
10 CHAIRMAN SHICKLE: Motion to
11 approve, lS there a second?
12 SUPERVISOR FORRESTER: Second.
13 CHAIRMAN SHICKLE: Second by
14 Supervisor Forrester. Discussion? Hearing
15 none, Supervisor Forrester?
16 SUPERVISOR FORRESTER: Aye.
17 CHAIRMAN SHICKLE: Supervisor
18 Sager?
19 SUPERVISOR SAGER: Aye.
20 CHAIRMAN SHICKLE: Supervisor
21 Smith?
22 SUPERVISOR SMITH: Aye.
23 CHAIRMAN SHICKLE: Supervisor
24 Douglas?
25 SUPERVISOR DOUGLAS: Aye.
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CHAIRMAN SHICKLE: Supervisor
Reyes?
SUPERVISOR REYES: Aye.
CHAIRMAN SHICKLE: Supervisor
Tyler?
SUPERVISOR TYLER:
CHAIRMAN SHICKLE:
Aye.
The
Chairman votes aye and the motion carries.
SUPERVISOR SMITH: Item 4,
Director of Division of Court Services.
Request of the Division of Court Services
Fund supplemental appropriation in the amount
of $1,500. This amount is needed for the
lease of a copier that was overlooked during
the budget process. No additional local
funds are needed and the Committee recommends
approval and I so move.
CHAIRMAN SHICKLE: We have a
motion to approve, is there a second.
SUPERVISOR FORRESTER: Second.
CHAIRMAN SHICKLE: Second by
Supervisor Forrester? Any discussion?
Hearing none, Supervisor Tyler?
SUPERVISOR TYLER: Aye.
CHAIRMAN SHICKLE: Supervisor
Frederick County Board of Supervisors Meeting #14082-1 12/10/03
Page 65
1 Reyes?
2 SUPERVISOR REYES: Aye.
3 CHAIRMAN SHICKLE: Supervisor
4 Douglas?
5 SUPERVISOR DOUGLAS: Aye.
6 CHAIRMAN SHICKLE: Supervisor
7 Smith?
8 SUPERVISOR SMITH: Aye.
9 CHAIRMAN SHICKLE: Supervisor
10 Sager?
11 SUPERVISOR SAGER: Aye.
12 CHAIRMAN SHICKLE: Supervisor
13 Forrester?
14 SUPERVISOR FORRESTER: Aye.
15 CHAIRMAN SHICKLE: The
16 Chairman votes aye and the motion carries.
17 SUPERVISOR SMITH: Item
18 6,Director of Public Works requests a
19 Landfill Fund budget transferring the amount
20 of $20,000 from the contingency line item to
21 the temporary help line item. This amount
22 is needed to hire outside labor to assist
23 with duties at the facility. No additional
24 local funds are needed. The Committee
25 recommends approval and I so move.
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CHAIRMAN SHICKLE: We have a
motion to approve, is there a second?
SUPERVISOR REYES: Second.
SUPERVISOR FORRESTER: Second.
CHAIRMAN SHICKLE: Second by
Supervisor Reyes. Any discussion?
Supervisor Forrester?
SUPERVISOR FORRESTER: Aye.
CHAIRMAN SHICKLE: Supervisor
Sager?
SUPERVISOR SAGER: Aye.
CHAIRMAN SHICKLE: Supervisor
Smith?
SUPERVISOR SMITH: Aye.
CHAIRMAN SHICKLE: Supervisor
Douglas.
SUPERVISOR DOUGLAS: Aye.
CHAIRMAN SHICKLE: Supervisor
Reyes?
SUPERVISOR REYES: Aye.
CHAIRMAN SHICKLE: Supervisor
Tyler?
SUPERVISOR TYLER:
CHAIRMAN SHICKLE:
Aye.
The
Chairman votes aye and the motion carries.
Frederick County Board of Supervisors Meeting #14082-1 12/10/03
Page 67
1 SUPERVISOR SMITH: Item 8.
2 The Sheriff requests a General Fund
3 supplemental appropriation in the amount of
4 $9,600. This amount represents reimbursements
5 from the FAA for use of the Department's
6 firing range and is requested to be
7 appropriated to police supplies. No
8 additional local funds are funds are needed
9 and the Committee recommends approval and I
10 so move.
11 SUPERVISOR REYES: Second.
12 CHAIRMAN SHICKLE: I have a
13 motion by Supervisor Smith and a second by
14 Supervisor Reyes. Any discussion? Hearing
15 none, Supervisor Tyler?
16 SUPERVISOR TYLER: Aye.
17 CHAIRMAN SHICKLE: Supervisor
18 Reyes?
19 SUPERVISOR REYES: Aye.
20 CHAIRMAN SHICKLE: Supervisor
21 Douglas?
22 SUPERVISOR DOUGLAS: Aye.
23 CHAIRMAN SHICKLE: Supervisor
24 Smith?
25 SUPERVISOR SMITH: Aye.
Frederick County Board of Supervisors Meeting #14082-1 12/10/03
Page 68
1 CHAIRMAN SHICKLE: Supervisor
2 Sager?
3 SUPERVISOR SAGER: Aye.
4 CHAIRMAN SHICKLE: Supervisor
5 Forrester?
6 SUPERVISOR FORRESTER: Aye.
7 CHAIRMAN SHICKLE: The
8 Chairman votes aye and the motion carries.
9 SUPERVISOR SMITH: Item 9.
10 The Superintendent of the Regional Jail
11 requests a Jail Fund supplemental
12 appropriation in the amount of $52,640.
13 This amount represents items needed for
14 equipment and furnishings associated with the
15 new employees for the increased inmate
16 population. No additional local funds are
17 needed. The Committee recommends approval.
18 However, Mr. Don Butler requests a letter be
19 sent to the Commonwealth expressing concern
20 with the overpopulation at the jail, as well
21 as the housing of state prlsoners. I so
22 move for approval.
23 CHAIRMAN SHICKLE: On both
24 points?
25 SUPERVISOR SMITH: Yes, Slr.
Frederick County Board of Supervisors Meeting #14082-1 12/10/03
Page 69
1 CHAIRMAN SHICKLE: We have a
2 motion to approve both points. Is there a
3 second?
4 SUPERVISOR FORRESTER: I
5 second it.
6 CHAIRMAN SHICKLE: Second by
7 Supervisor Forrester. Any discussion?
8 Supervisor Tyler?
9 SUPERVISOR TYLER: Aye.
10 CHAIRMAN SHICKLE: Supervisor
11 Reyes?
12 SUPERVISOR REYES: Aye.
13 CHAIRMAN SHICKLE: Supervisor
14 Douglas?
15 SUPERVISOR DOUGLAS: Aye.
16 CHAIRMAN SHICKLE: Supervisor
17 Smith?
18 SUPERVISOR SMITH: Aye.
19 CHAIRMAN SHICKLE: Supervisor
20 Sager?
21 SUPERVISOR SAGER: Aye.
22 CHAIRMAN SHICKLE: Supervisor
23 Forrester?
24 SUPERVISOR FORRESTER: Aye.
25 CHAIRMAN SHICKLE: The
Frederick County Board of Supervisors Meeting #14082-1 12/10/03
Page 70
1 Chairman votes aye and the motion carrles.
2 SUPERVISOR SMITH: Item 11.
3 The Commissioner of the Revenue requests a
4 General Fund supplemental appropriation in
5 the amount of $1,641. This amount is needed
6 for a department reclassification.
7 Additional local funds are necessary. The
8 Committee recommends approval and I so move.
9 CHAIRMAN SHICKLE: Motion to
10 approve, lS there a second.
11 SUPERVISOR FORRESTER: Second.
12 CHAIRMAN SHICKLE: Second by
13 Supervisor Forrester. Any discussion?
14 Hearing none, Supervisor Forrester?
15 SUPERVISOR FORRESTER: Aye.
16 CHAIRMAN SHICKLE: Supervisor
17 Sager?
18 SUPERVISOR SAGER: Aye.
19 CHAIRMAN SHICKLE: Supervisor
20 Smith?
21 SUPERVISOR SMITH: Aye.
22 CHAIRMAN SHICKLE: Supervisor
23 Douglas?
24 SUPERVISOR DOUGLAS: Aye.
25 CHAIRMAN SHICKLE: Supervisor
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Reyes?
SUPERVISOR REYES: Aye.
CHAIRMAN SHICKLE: Supervisor
Tyler?
SUPERVISOR TYLER:
CHAIRMAN SHICKLE:
Aye.
The
Chairman votes aye and the motion carries.
SUPERVISOR SMITH: Item 12.
The Parks and Recreation Director requests a
General Fund supplemental appropriation ln
the amount of $70,000. This amount
represents a federal grant to construct an
asphalt trail in Sherando Park. Additional
local funds in the amount of $14,000 are
necessary. The Committee recommends approval
and I so move.
CHAIRMAN SHICKLE: We have a
motion to approve, is there a second?
SUPERVISOR FORRESTER: Second.
CHAIRMAN SHICKLE: Second by
Supervisor Forrester. Discussion?
Supervisor Tyler?
SUPERVISOR TYLER: Aye.
CHAIRMAN SHICKLE: Supervisor
Reyes?
Frederick County Board of Supervisors Meeting #14082-1 12/10/03
Page 72
1 SUPERVISOR REYES: Aye.
2 CHAIRMAN SHICKLE: Supervisor
3 Douglas?
4 SUPERVISOR DOUGLAS: Aye.
5 CHAIRMAN SHICKLE: Supervisor
6 Smith?
7 SUPERVISOR SMITH: Aye.
8 CHAIRMAN SHICKLE: Supervisor
9 Sager?
10 SUPERVISOR SAGER: Aye.
11 CHAIRMAN SHICKLE: Supervisor
12 Forrester?
13 SUPERVISOR FORRESTER: Aye.
14 CHAIRMAN SHICKLE: The
15 Chairman votes aye and the motion carries.
16 SUPERVISOR SMITH: Item 14.
17 The Executive Director of the Regional
18 Airport requests the addition of a new
19 cellular phone to assist staff members on-
20 call. No additional local funds are needed.
21 The Committee recommends approval and I so
22 move.
23 CHAIRMAN SHICKLE:
24 Administrator Riley, do we need dollars or
25 is that sufficient?
Frederick County Board of Supervisors Meeting #14082-1 12/10/03
Page 73
1 ADM. RILEY: I believe it's,
2 it's sufficient, it's funded.
3 CHAIRMAN SHICKLE: All right.
4 ADM. RILEY: It's the policy
5 of the Board that any of that equipment
6 that's added be approved by the Board.
7 CHAIRMAN SHICKLE: We have a
8 motion to approve, lS -- was there a second?
9 SUPERVISOR FORRESTER: Second.
10 CHAIRMAN SHICKLE: Second by
11 Supervisor Forrester. Any discussion?
12 Supervisor Forrester?
13 SUPERVISOR FORRESTER: Aye.
14 CHAIRMAN SHICKLE: Supervisor
15 Sager?
16 SUPERVISOR SAGER: Aye.
17 CHAIRMAN SHICKLE: Supervisor
18 Smith?
19 SUPERVISOR SMITH: Aye.
20 CHAIRMAN SHICKLE: Supervisor
21 Douglas?
22 SUPERVISOR DOUGLAS: Aye.
23 CHAIRMAN SHICKLE: Supervisor
24 Reyes?
25 SUPERVISOR REYES: Aye.
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CHAIRMAN SHICKLE: Supervisor
Tyler?
SUPERVISOR TYLER:
CHAIRMAN SHICKLE:
Aye.
The
Chairman votes aye and the motion carries.
SUPERVISOR SMITH: Item 15 ln
the amount of $150,000 -- I'm sorry.
Request the General Fund -- the Director of
Finance requests a General Fund supplemental
appropriation in the amount of $150,000.
This amount is needed for the change adopted
for the county tax relief. Additional funds
are necessary. The Committee recommends
approval and I so move.
CHAIRMAN SHICKLE: Motion to
approve.
SUPERVISOR FORRESTER: Second.
CHAIRMAN SHICKLE: Is there a
second?
SUPERVISOR FORRESTER: Second.
CHAIRMAN SHICKLE: Second by
Supervisor Forrester. Any discussion?
Hearing none, Supervisor Tyler?
SUPERVISOR TYLER: Aye.
CHAIRMAN SHICKLE: Supervisor
Frederick County Board of Supervisors Meeting #14082-1 12/10/03
Page 75
1 Reyes?
2 SUPERVISOR REYES: Aye.
3 CHAIRMAN SHICKLE: Supervisor
4 Douglas?
5 SUPERVISOR DOUGLAS: Aye.
6 CHAIRMAN SHICKLE: Supervisor
7 Smith?
8 SUPERVISOR SMITH: Aye.
9 CHAIRMAN SHICKLE: Supervisor
10 Sager?
11 SUPERVISOR SAGER: Aye.
12 CHAIRMAN SHICKLE: Supervisor
13 Forrester?
14 SUPERVISOR FORRESTER: Aye.
15 CHAIRMAN SHICKLE: The
16 Chairman votes aye and the motion carries.
17 SUPERVISOR SMITH: Item 16.
18 The Director of Finance of Frederick County
19 Public Schools requests a School Fund
20 supplemental appropriation in the amount of
21 $377,975. This amount represents available
22 carry forward funds and is requested to be
23 carried forward for maintenance and repair
24 projects and band uniforms. The committee
25 recommends approval.
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CHAIRMAN SHICKLE: Is there a
second?
SUPERVISOR FORRESTER: Second.
CHAIRMAN SHICKLE: Second by
Supervisor Forrester. Discussion? Hearing
none, Supervisor Forrester?
SUPERVISOR FORRESTER: Aye.
CHAIRMAN SHICKLE: Supervisor
Sager?
SUPERVISOR SAGER: Aye.
CHAIRMAN SHICKLE: Supervisor
Smith?
SUPERVISOR SMITH: Aye.
CHAIRMAN SHICKLE: Supervisor
Douglas?
SUPERVISOR DOUGLAS: Aye.
CHAIRMAN SHICKLE: Supervisor
Reyes?
SUPERVISOR REYES: Aye.
CHAIRMAN SHICKLE: Supervisor
Tyler?
SUPERVISOR TYLER:
CHAIRMAN SHICKLE:
Aye.
The
Chairman votes aye and the motion carries.
SUPERVISOR SMITH: Item 17.
Frederick County Board of Supervisors Meeting #14082-1 12/10/03
Page 77
1 The Director of Finance of Frederick County
2 Public Schools requests a School Fund
3 supplemental appropriation in the amount of
4 $445,904. This amount represents additional
5 state funds and is requested to be
6 appropriated to fund feasibility studies, new
7 activity buses and additional positions. No
8 additional local funds are needed. The
9 Committee recommends approval and I so move.
10 SUPERVISOR REYES: Second.
11 CHAIRMAN SHICKLE: The motion
12 by Supervisor Smith and second by Supervisor
13 Reyes. Any discussion? Supervisor Tyler?
14 SUPERVISOR TYLER: Aye.
15 CHAIRMAN SHICKLE: Supervisor
16 Reyes?
17 SUPERVISOR REYES: Aye.
18 CHAIRMAN SHICKLE: Supervisor
19 Douglas?
20 SUPERVISOR DOUGLAS: Aye.
21 CHAIRMAN SHICKLE: Supervisor
22 Smith?
23 SUPERVISOR SMITH: Aye.
24 CHAIRMAN SHICKLE: Supervisor
25 Sager?
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SUPERVISOR SAGER: Aye.
CHAIRMAN SHICKLE: Supervisor
Forrester?
SUPERVISOR FORRESTER: Aye.
CHAIRMAN SHICKLE: The
Chairman votes aye and the motion carries.
SUPERVISOR SMITH: Item 18.
The Director of Finance of Frederick County
Public Schools requests a transfer of cash
ln the amount of $400,000 from the remalnlng
FY 2003 -- Fiscal Year 2003 operating funds
to the construction fund for the cost of
equipment and furniture for the fourth middle
school. The Committee recommends approval
and I so move.
SUPERVISOR REYES: Second.
CHAIRMAN SHICKLE: Motion to
approve by Supervisor Smith and a second by
Supervisor Reyes. Any discussion? Hearing
none, Supervisor Forrester?
SUPERVISOR FORRESTER: Aye.
CHAIRMAN SHICKLE: Supervisor
Sager?
SUPERVISOR SAGER:
CHAIRMAN SHICKLE:
Aye.
Supervisor
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Smith?
SUPERVISOR SMITH: Aye.
CHAIRMAN SHICKLE: Supervisor
Douglas?
SUPERVISOR DOUGLAS:
CHAIRMAN SHICKLE:
Aye.
Supervisor
Reyes?
SUPERVISOR REYES:
CHAIRMAN SHICKLE:
Aye.
Supervisor
Tyler?
SUPERVISOR TYLER:
CHAIRMAN SHICKLE:
Aye.
The
Chairman votes aye and the motion carries.
SUPERVISOR SMITH: Item 19.
The County Finance Director requests closing
Fund 19, the Library Capital Project Fund,
and Fund 45, Consolidated Maintenance Fund.
The cash in these funds combined equals
approximately $732,000 and will be returned
to the General Fund. The Committee
recommends approval and I so move.
SUPERVISOR REYES: Second.
CHAIRMAN SHICKLE: The motion
by Supervisor Smith and a second by
Supervisor Reyes. Administrator Riley?
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ADM. RILEY: Yes, Slr.
CHAIRMAN SHICKLE: It's just
a movement of cash, right?
ADM. RILEY: Yes, Slr.
CHAIRMAN SHICKLE: Any other
discussion? Supervisor Forrester?
SUPERVISOR FORRESTER: Aye.
CHAIRMAN SHICKLE: Supervisor
Sager?
SUPERVISOR SAGER:
CHAIRMAN SHICKLE:
Aye.
Supervisor
Smith?
SUPERVISOR SMITH: Aye.
CHAIRMAN SHICKLE: Supervisor
Douglas?
SUPERVISOR DOUGLAS:
CHAIRMAN SHICKLE:
Aye.
Supervisor
Reyes?
SUPERVISOR REYES:
CHAIRMAN SHICKLE:
Aye.
Supervisor
Tyler?
SUPERVISOR TYLER:
CHAIRMAN SHICKLE:
Aye.
The
Chairman votes aye and the motion carrles.
SUPERVISOR SMITH: Item 20.
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Supervisor Tyler requested General Fund
supplemental appropriation in the amount of
$227,500. This amount represents a carry
forward of battlefield funds to be used for
battlefield land acquisition. No additional
local funds are needed. The Committee
recommends approval and I so move.
CHAIRMAN SHICKLE: We have a
motion to approve by Supervisor Smith, is
there a second?
Second.
Second by
SUPERVISOR TYLER:
CHAIRMAN SHICKLE:
Supervisor Tyler. Discussion?
SUPERVISOR REYES: Yes, Mr.
Chairman.
CHAIRMAN SHICKLE: Supervisor
Reyes.
SUPERVISOR REYES: I don't
know who I should direct this to, perhaps --
oh. Is this matching funds from the state?
SUPERVISOR TYLER: Yes.
It'll, it'll still be the criteria that we
had set before, five to one matching funds.
Mm-hmm. (Indicating affirmatively.)
SUPERVISOR REYES: Thank you.
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CHAIRMAN SHICKLE: Any other
discussion? Hearing none, Supervisor Tyler?
SUPERVISOR TYLER: Aye.
CHAIRMAN SHICKLE: Supervisor
Reyes?
SUPERVISOR REYES:
CHAIRMAN SHICKLE:
Aye.
Supervisor
Douglas?
SUPERVISOR DOUGLAS:
CHAIRMAN SHICKLE:
Aye.
Supervisor
Smith?
SUPERVISOR SMITH:
CHAIRMAN SHICKLE:
Aye.
Supervisor
Sager?
SUPERVISOR SAGER: Aye.
CHAIRMAN SHICKLE: Supervisor
Forrester?
SUPERVISOR FORRESTER: Aye.
CHAIRMAN SHICKLE: The
Chairman votes aye and the motion carries.
SUPERVISOR SMITH: Mr.
Chairman, that completes my report.
PUBLIC HEARING:
(1) PROPOSED AMENDMENT TO THE FREDERICK
COUNTY CODE; CHAPTER 79, EROSION AND SEDIMENT
Frederick County Board of Supervisors Meeting #14082-1 12/10/03
Page 83
1 CONTROL; SECTION 79-3, LOCAL EROSION AND
2 SEDIMENT CONTROL PROGRAM, BY THE ADDITION OF
3 A NEW PARAGRAPH CONCERNING BUILDING PERMIT
4 ISSUANCE. THE PURPOSE OF THIS PROPOSED
5 AMENDMENT IS TO CLARIFY AND ADD ITEMS THAT
6 WERE PREVIOUSLY APPROVED APPENDICES RELATED
7 TO EROSION AND SEDIMENT CONTROL AND DRAINAGE
8 ISSUES THAT SHALL BE COMPLETED PRIOR TO
9 ISSUANCE OF BUILDING PERMITS.
10 CHAIRMAN SHICKLE: Our next
11 item is a public hearing, Proposed Amendment
12 to the County Code; Chapter 79, Erosion and
13 Sediment Control, Section 79-3, Local Erosion
14 and Sediment Control Program by addition of
15 a new paragraph concerning building permit
16 lssuance.
17 "An ordinance to amend the Frederick
18 County Code, Chapter 79, Erosion and sediment
19 control, Section 79-3, local erOSlon and
20 sediment control program: by the addition of
21 a new paragraph related to building permit
22 lssuance. The purpose of this proposed
23 amendment is to clarify and add items that
24 were previously approved as appendices
25 related to erosion and sediment control and
Frederick County Board of Supervisors Meeting #14082-1 12/10/03
Page 84
1 drainage issues that shall be completed prlor
2 to issuance of building permits."
3 ADM. RILEY: Thank you, Mr.
4 Chairman. I'll introduce this item and then
5 call on Director Strawsnyder if the Board
6 has any questions.
7 The purpose of this amendment, if the
8 Board will recall, we held public hearings,
9 received public comment in May of this year
10 to operate a new erosion -- or to enact a
11 new erOSlon and sedimentation ordinance.
12 The reason that this is back before
13 you this evening is that there were
14 appendices that accompanied this ordinance
15 that upon further review it felt it
16 appropriate that it should be part of the
17 ordinance thereby adding Paragraph B and the
18 subsequent subsections to further delineate
19 the requirement by staff as to the
20 installation of infrastructure prlor to the
21 issuance of building permits. I believe
22 that's self-explanatory, Director Strawsnyder
23 Chairman and staff are here to answer any
24 questions if the Board desires.
25 CHAIRMAN SHICKLE: Does staff
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have a presentation or just here to answer
questions?
ADM. RILEY:
Here to answer
questions, Mr. Chairman.
CHAIRMAN SHICKLE: Any
questions of staff or Administrator Riley?
Hearing none, this lS a public hearing. Is
there anyone here who would like to speak
either for or against the Proposed Amendments
to the Frederick County Code Chapter 79,
Erosion and Sediment Control and Section 79-
3, Local Erosion and Sediment Control Program
by the addition of a new paragraph
concerning building permit issues --
lssuance, anyone like to speak either for or
against?
Yes, Slr, would you come forward,
identify yourself and please limit your
comments to three minutes.
MR. HARDISON: Yes, Slr. My
name lS Richard Hardison, I've lived in the
county for 26 years, I'm a current resident
of the city. I'm associated with a business
ln the county so I pay taxes to the county
other than developing. I'm also one of the
Frederick County Board of Supervisors Meeting #14082-1 12/10/03
Page 86
1 developers of the Star Fort Subdivision.
2 And Assistant Director Wilder called
3 me and explained that I think part of the
4 changes is to allow building permits to be
5 issued if the road is sealed, not
6 necessarily paved and -- if all of the other
7 erosion controls are done. Is that about
8 right, Mister...
9 ASS'T. DIR. WILDER: Yes.
10 MR. HARDISON: First I'd like
11 to say I have a good working relationship
12 with Assistant Director Wilder. I think
13 he's a credit to the county. He keeps us
14 straight, but my comments today in relation
15 is, I think there's a vehicle in place and
16 that is bonding, that if the contractor
17 posts adequate bonds that maybe building
18 permits should be able to be issued if roads
19 are not paved.
20 There are different circumstances
21 that can arlse on why roads aren't paved.
22 One is weather, one is perhaps not being
23 able to secure a paving company at the time
24 that one would desire due to the business
25 climate, how busy all the pavlng companles
Frederick County Board of Supervisors Meeting #14082-1 12/10/03
Page 87
1 are.
2 So, I would submit to you that you
3 would allow developers to post a, post
4 adequate bonds in place of just sealing the
5 road and so that building permits may be
6 issued. Thank you very much.
7 CHAIRMAN SHICKLE: Anyone
8 else who would like to speak either for or
9 against? Seeing no one we will close the
10 public hearing. Could staff come up and
11 address the bonding versus the requirement
12 issue? The question would be a non-sealed
13 surface, bonded.
14 DIRECTOR STRAWSNYDER: The
15 purpose of the ordinance was to ensure that
16 the drainage that was designed by the
17 engineer of record was implemented
18 appropriately. It depends on whether we
19 have curb and gutter or roadside ditches,
20 but without some sort of a seal there's no
21 guarantee that the, the drainage will get to
22 where it's supposed to go.
23 By implementing this particular
24 procedure, which we've had in place since
25 July 1 of 2002, we've had very few drainage
Frederick County Board of Supervisors Meeting #14082-1 12/10/03
Page 88
1 complaints. Everything has been implemented
2 in accordance with our, our requirements. I
3 don't know that the bonding that is
4 possibly an issue. However, we would still
5 maintain that we would like at least the
6 pavement, the subbase or the base, depending
7 on what the design of the pavement lS ln, ln
8 whatever case we're dealing with, that we
9 have it at least sealed and...
10 CHAIRMAN SHICKLE: A little
11 clearer, please, on what bonding does not
12 take care of. I think you said it, but
13 elaborate, please?
14 DIRECTOR STRAWSNYDER: Well,
15 the bonding, it, it still doesn't get us to
16 the total picture of the drainage lssues.
17 If the drainage hasn't been installed we
18 still have not implemented the design, we
19 still have the drainage in place at the time
20 we're starting construction of the houses.
21 Once we issue a building permit and they've
22 completed that build -- building permit in
23 conjunction with our Building Department, we
24 have to lssue an occupancy permit and if
2 5 the. . .
Frederick County Board of Supervisors Meeting #14082-1 12/10/03
Page 89
1 CHAIRMAN SHICKLE: What, what
2 do you mean by that?
3 DIRECTOR STRAWSNYDER: .. .if
4 the roads have not been completed...
5 CHAIRMAN SHICKLE: What did
6 you mean by you would have to issue a, an
7 occupancy permit if you issued the building
8 permit?
9 DIRECTOR STRAWSNYDER: If
10 they've completed the building permit to the
11 satisfaction of the permit requirements we
12 would have to lssue the building permit.
13 CHAIRMAN SHICKLE: Any other
14 questions of staff? Thank you, Slr. What
15 is the pleasure of the Board?
16 SUPERVISOR TYLER: I move for
17 approval, Mr. Chairman.
18 SUPERVISOR REYES: Second.
19 CHAIRMAN SHICKLE: We have a
20 motion by Supervisor Tyler to approve and a
21 second by Supervisor Reyes. Any discussion?
22 SUPERVISOR FORRESTER: Just a
23 comment.
24 CHAIRMAN SHICKLE: Supervisor
25 Forrester?
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SUPERVISOR FORRESTER: I, I'm
one of those folks who have a lot of calls
from constituents about these types of
problems so I'm glad to see this ordinance
being defined a little bit better. I'm glad
it's here.
CHAIRMAN SHICKLE: Other
discussion? Hearing none, Supervisor
Forrester, how do you vote?
SUPERVISOR FORRESTER: Aye.
CHAIRMAN SHICKLE: Supervisor
Sager?
SUPERVISOR SAGER:
CHAIRMAN SHICKLE:
Aye.
Supervisor
Smith?
SUPERVISOR SMITH:
CHAIRMAN SHICKLE:
Aye.
Supervisor
Douglas?
SUPERVISOR DOUGLAS:
CHAIRMAN SHICKLE:
Aye.
Supervisor
Reyes?
SUPERVISOR REYES:
CHAIRMAN SHICKLE:
Aye.
Supervisor
Tyler?
SUPERVISOR TYLER: Aye.
Frederick County Board of Supervisors Meeting #14082-1 12/10/03
Page 91
1 CHAIRMAN SHICKLE: The
2 Chairman votes aye and the motion carrles.
3 PLANNING COMMISSION BUSINESS:
4 PUBLIC HEARING:
5 CONDITIONAL USE PERMIT #09-03 OF MILAM'S
6 LANDSCAPE, LLC, FOR A LANDSCAPE CONTRACTING
7 AND DETAIL BUSINESS. THIS PROPERTY IS
8 LOCATED AT 1331 CEDAR CREEK GRADE AND IS
9 IDENTIFIED WITH PROPERTY IDENTIFICATION
10 NUMBER 63-A-10 IN THE SHAWNEE MAGISTERIAL
11 DISTRICT.
12 CHAIRMAN SHICKLE: Our next
13 public hearing is a Conditional Use Permit
14 09-03 of Milam's Landscape.
15 MR. CHERAN: Thank you, Mr.
16 Chairman, Members of the Board. This
17 proposed use is for a landscape contracting
18 and retail nursery. It's going to be
19 located at 1331 Cedar Creek Grade. This lS
20 Shawnee Magisterial District.
21 This property and the adjoining
22 property lS rezoned RA, Rural Areas. Their
23 land use lS vacant residential and orchard
24 use. There were no adverse comments made by
25 the reviewing agencies on this proposed use.
Frederick County Board of Supervisors Meeting #14082-1 12/10/03
Page 92
1 This proposed use is allowed ln the
2 RA zoning district with an approved
3 conditional use permit. This proposed site
4 and use will be adjacent to an active
5 orchard and have setbacks of 200 feet
6 respectively. The site will also have
7 29,250 square feet of outdoor storage and
8 3,600 square feet of indoor storage located
9 ln three greenhouses.
10 Prior to operation of this proposed
11 use an engineered site plan will be
12 required. Signs will be limited to one non-
13 illuminated, freestanding business sign.
14 This sign should not be higher than six feet
15 in height and only 25 square feet in area.
16 This requirement is in keeping with the
17 rural nature of this area and to prevent a
18 typical commercial strip along Cedar Creek
19 Grade.
20 Mr. Chairman, I'll point out the
21 information packet you have there, it shows
22 a schematic of the proposed site. Staff
23 would also note, Mr. Chairman, that this
24 proposed use will occur on property located
25 within the South Frederick agri, Agricultural
Frederick County Board of Supervisors Meeting #14082-1 12/10/03
Page 93
1 and Forrestal District as indicated in the
2 2000 Comprehensive Plan of Frederick County,
3 Virginia.
4 This proposed use lS ln compliance
5 with the Code of Virginia and the
6 Comprehensive Plan. And the Comprehensive
7 Plan states commercial uses are appropriate
8 in rural areas, but care should be taken to
9 avoid any conflict between other land uses.
10 Staff believes these conflicts can be avoided
11 through the conditions placed on this
12 application or any other conditions the Board
13 may see fit to avoid any future conflicts
14 between land uses.
15 At its November 19th Planning
16 Commission meeting, approval of this
17 conditional use permit was -- this
18 conditional use permit was approved with the
19 following conditions placed upon it.
20 Number 1. All reVlew agency comments
21 and requirements shall be complied with at
22 all times.
23 Number 2. An engineered site plan
24 shall be submitted to and approved by
25 Frederick County prior to using the site for
Frederick County Board of Supervisors Meeting #14082-1 12/10/03
Page 94
1 landscape contracting and retail nursery use.
2 All improvements identified on this improved
3 site plan should be completed prlor to any
4 operation from this site.
5 Number 3. One non-illuminated
6 freestanding slgn shall be placed along Cedar
7 Creek Grade. The slgn should be limited to
8 25 square feet ln area and it should not
9 reach a height it should -- excuse me
10 the height should not exceed six feet ln
11 height.
12 Number 4. Any expanslon or change
13 of use will require a new conditional use
14 permit.
15 For the record, Mr. Chairman, the
16 applicant is present and I'll be happy to
17 answer any questions that you or any other
18 Board members have at this time.
19 CHAIRMAN SHICKLE: Any
20 questions of staff or the applicant? Does
21 the applicant wish to make a presentation?
22 MR. MILAM: No, sir, I do
23 not.
24 CHAIRMAN SHICKLE: Thank you.
25 This lS a public hearing, is there anyone
Frederick County Board of Supervisors Meeting #14082-1 12/10/03
Page 95
1 here who would like to speak either for or
2 against Conditional Use Permit 09-03 of
3 Milam's Landscape? Seeing no one, we'll
4 close the public hearing.
5 This is Shawnee. Supervisor Smith?
6 SUPERVISOR SMITH: Thank you,
7 Mr. Chairman. I move for approval of
8 Conditional Use Permit 09-03 Milam's
9 Landscape, LLC.
10 SUPERVISOR REYES: Second.
11 CHAIRMAN SHICKLE: We have a
12 motion to approve and a second by Supervisor
13 Reyes. Any discussion?
14 SUPERVISOR FORRESTER: Yes,
15 Mr. Chair. Does that...
16 CHAIRMAN SHICKLE: Supervisor
17 Forrester?
18 SUPERVISOR FORRESTER: Does
19 that include the conditions that were set
20 out by the Planning Commission in that?
21 MR. CHERAN: Yeah.
22 SUPERVISOR FORRESTER: Okay,
23 thank you.
24 CHAIRMAN SHICKLE: Any other
25 discussion? Everyone clear on the motion?
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SUPERVISOR SMITH: I have one
question.
CHAIRMAN SHICKLE: Supervisor
Smith?
SUPERVISOR SMITH: Mr. Milam,
you, you are familiar with the conditions
listed here, right?
MR. MILAM: Yes, Slr, that's
correct.
SUPERVISOR SMITH: Okay.
Thank you, Slr.
CHAIRMAN SHICKLE: Any other
discussion or questions? Supervisor
Forrester?
SUPERVISOR FORRESTER: Aye.
CHAIRMAN SHICKLE: Supervisor
Sager?
SUPERVISOR SAGER:
CHAIRMAN SHICKLE:
Aye.
Supervisor
Smith?
SUPERVISOR SMITH:
CHAIRMAN SHICKLE:
Aye.
Supervisor
Douglas?
SUPERVISOR DOUGLAS:
CHAIRMAN SHICKLE:
Aye.
Supervisor
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Reyes?
SUPERVISOR REYES:
CHAIRMAN SHICKLE:
Aye.
Supervisor
Tyler?
SUPERVISOR TYLER: Aye.
CHAIRMAN SHICKLE: The
Chairman votes aye and the motion carries.
REZONING #14-03 OF HAMPTON INN, SUBMITTED BY
GREENWAY ENGINEERING TO REZONE A PARCEL
CONSISTING OF .20 ACRES FROM RP (RESIDENTIAL
PERFORMANCE) DISTRICT TO B3 (BUSINESS
GENERAL) DISTRICT. THIS PROPERTY IS LOCATED
ON THE EAST SIDE OF ROSS STREET (ROUTE 712)
APPROXIMATELY 500 FEET NORTH OF BERRYVILLE
AVENUE AND IS IDENTIFIED WITH PROPERTY
IDENTIFICATION NUMBER 54G-1-13A IN THE
STONEWALL MAGISTERIAL DISTRICT. A SMALL
PORTION OF THE PARCEL IS WITHIN THE CITY OF
WINCHESTER BOUNDARY. APPROVED.
CHAIRMAN SHICKLE: Our next
public hearing lS Rezoning 14-03 of Hampton
Inn.
MR. CAMP: Thank you very
much, Mr. Chairman and other Members of the
Board. This rezoning application is a
Frederick County Board of Supervisors Meeting #14082-1 12/10/03
Page 98
1 request to rezone approximately two-tenths of
2 an acre from the Residential Performance
3 Zoning District to the B2, Business General
4 District. The rezoning would accommodate the
5 expanslon of the existing Hampton Inn's park
6 -- customer parking lot. There is a house
7 presently located on this parcel which would
8 be removed if the property is rezoned to
9 accommodate the parking lot.
10 The projection screen to your left
11 illustrates the property. It's located about
12 500 feet north of Route 7, Berryville Pike
13 and, and to the west of the Interstate 81
14 interchange. It's located on Ross Street
15 and is highlighted in red on the screen.
16 The city/county boundary line
17 actually crosses through a portion of the
18 property. However, only a, a small portion
19 exists within the City of Winchester and
20 that would be the, the southern part here.
21 There are no environmental features
22 or historical resources which are present on
23 the parcel. The applicant is proffering to
24 restrict all uses other than parking on the
25 parcel as well as proffering to eliminate
Frederick County Board of Supervisors Meeting #14082-1 12/10/03
Page 99
1 the residential entrance off of Ross Street
2 for access management. The Planning
3 Commission did not identify any lssues
4 regarding the rezoning during our meeting
5 held on November 19th. A recommendation of
6 approval was passed.
7 Here is a picture of the site
8 illustrating the house and the hotel in the
9 background for reference. Any concerns that
10 the Board may have should be appropriately
11 addressed by the applicant. I would like to
12 point out that the applicant lS represented
13 tonight by Greenway Engineering and staff
14 will be glad to answer any questions that
15 you have regarding the application.
16 CHAIRMAN SHICKLE: Does
17 Greenway wish to make a presentation?
18 MR. WYATT: We don't have a
19 presentation, Mr. Chairman, but we're
20 available for questions.
21 CHAIRMAN SHICKLE: Any
22 questions of staff or the applicant? All
23 right. This lS a public hearing, is there
24 anyone here who would like to speak either
25 for or against Rezoning 14-03 of Hampton
Frederick County Board of Supervisors Meeting #14082-1 12/10/03
Page 1 00
1 Inn? Seeing no one, we'll close the public
2 hearing.
3 This lS Stonewall. Supervisor Tyler?
4 SUPERVISOR TYLER: Yes.
5 Thank you, Mr. Chairman. I move for
6 approval of Rezoning #14-03 of Hampton Inn.
7 CHAIRMAN SHICKLE: Motion to
8 approve by Supervisor Tyler, is there a
9 second?
10 SUPERVISOR REYES: I'll
11 second it.
12 CHAIRMAN SHICKLE: Second by
13 Supervisor Reyes. Any discussion? Hearing
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none, Supervisor Tyler?
SUPERVISOR TYLER: Aye.
CHAIRMAN SHICKLE: Supervisor
Reyes?
SUPERVISOR REYES: Aye.
CHAIRMAN SHICKLE: Supervisor
Douglas?
SUPERVISOR DOUGLAS: Aye.
CHAIRMAN SHICKLE: Supervisor
Smith?
SUPERVISOR SMITH: Aye.
CHAIRMAN SHICKLE: Supervisor
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Sager?
SUPERVISOR SAGER:
CHAIRMAN SHICKLE:
Aye.
Supervisor
Forrester?
SUPERVISOR FORRESTER: Aye.
CHAIRMAN SHICKLE: The
Chairman votes aye and the motion carries.
REZONING #11-03 OF FOR MY KIDS, LLC -
SHENANDOAH HONDA, SUBMITTED BY JOHN ROSS, TO
REZONE 2.020 ACRES FROM RA (RURAL AREAS)
DISTRICT TO B2 (BUSINESS, GENERAL) DISTRICT.
THIS PROPERTY IS LOCATED ON BERRYVILLE PIKE
(ROUTE 7), APPROXIMATELY 185 FEET SOUTHEAST
OF THE INTERSECTION OF GREENWOOD ROAD (ROUTE
656) AND BERRYVILLE PIKE (ROUTE 7), AND IS
IDENTIFIED WITH PROPERTY IDENTIFICATION
NUMBERS 55-A-80 AND 55-A-81 IN THE RED BUD
MAGISTERIAL DISTRICT. APPROVED.
CHAIRMAN SHICKLE: Our next
rezonlng lS #11-03 For My Kids, LLC
Shenandoah Honda.
MS. KENNEDY: Thank you, Mr.
Chairman and all Members of this Board.
Staff has received a request from Anderson &
Associates on behalf of Mr. John Ross, owner
Frederick County Board of Supervisors Meeting #14082-1 12/10/03
Page 1 02
1 of Shenandoah Honda, to rezone 2.02 acres
2 from the Rural Areas Zoning District to the
3 B2 Business General Zoning District.
4 The applicant has stated that the
5 intended use for this property is to
6 relocate the existing Shenandoah Honda
7 operations to a new facility east of
8 Greenwood Road and adjacent to Route 7. The
9 site is ln the Red Bud Magisterial District.
10 As you can see on the aerial to your
11 left the property is specifically located
12 eastbound on Route 7, a little bit east of
13 Greenwood Road. Access to this property lS
14 via a small bridge over Ash Hollow Run. The
15 subject site is within our Urban Development
16 Area and is in -- within the study area of
17 the Route 7 East Land Use Plan.
18 The subject property on the Route 7
19 East Land Use Plan is in this vicinity and,
20 as you can see, these properties are Rural
21 Area Zoning at present. This is the school
22 property with Red Bud Elementary and
23 Millbrook High School. West of the site we
24 have business uses prevalent heading toward
25 the city. And these undesignated portions
Frederick County Board of Supervisors Meeting #14082-1 12/10/03
Page 103
1 of the Route 7 Land Use Plan do not
2 designate a particular land use. However,
3 some business land uses may be appropriate
4 in the vicinity given that this location is
5 part an area study for a business corridor.
6 For the business corridor, the
7 prlmary objective is to ensure that the
8 commercial development that does occur is of
9 a standard that reflects favorably on the
10 area. The applicant has stated that its
11 intent -- it is his intent to relocate the
12 Shenandoah Honda facility for business and
13 retail use. Shenandoah Honda would be
14 specifically classified under Standard
15 Industrial Code or SIC classification, Major
16 Group 55.
17 The applicant's traffic analysis ln
18 this rezonlng proposal is based on the
19 existing trip generations from the present
20 Shenandoah Honda facility which results ln
21 240 trips per day to Route 7 and an
22 additional 20 peak hour trips per day.
23 The impacts of other permitted uses
24 within the SIC 55 could possibly exceed the
25 impacts that are identified by the traffic
Frederick County Board of Supervisors Meeting #14082-1 12/10/03
Page 1 04
1 analysis that lS included with this
2 application. However, through the proffer
3 statement the applicant states that a new
4 traffic impact analysis will be performed
5 should the property be utilized for any use
6 other than one included in the SIC 55 or if
7 the main structure on the property should
8 exceed 25,000 square feet.
9 The applicant has prohibited by
10 proffer a number of B2 uses from this site.
11 These prohibited uses include car washes,
12 restaurants, food stores, day care and
13 assisted living facilities, adult retail
14 uses, miniature golf courses, hotels and
15 motels, advertising specialties, commercial
16 sport and recreation clubs and, additionally,
17 has proffered out SIC 5541 which is gasoline
18 serVlce stations.
19 Other uses that would be permitted
20 under SIC 55 are new and used automo
21 automobile dealers, boat dealers and auto and
22 home supply stores. These uses would be
23 allowable uses on this subject property
24 should this rezoning be approved.
25 Corridor enhancement has been
Frederick County Board of Supervisors Meeting #14082-1 12/10/03
Page 105
1 addressed through the proffer statement by
2 commitment to limit Berryville Pike to only
3 one commercial entrance, to have monument
4 style signage not to exceed 15 feet in
5 height and to be constructed of stone,
6 brick, wood and steel, a decorative board on
7 board fencing on any portions of the
8 property adjoining RA land and no chainlink
9 fencing would be visible from outside the
10 premises of this property.
11 A three foot berm is proffered to
12 act as a visual buffer from traffic
13 proceeding east along Route 7 with ornamental
14 plantings exceeding the requirements of our
15 ordinance by 5 percent. They've proffered
16 to maintain the Ash Hollow streambed clear
17 of debris with a grass embankment that would
18 lead from the berm to the water's edge to
19 make the stream visibly pleasing from the
20 roadside. And, in addition, the applicant
21 proffers to contribute $500 to Frederick
22 County to address the capital facilities
23 impacts on fire and rescue services and the
24 applicant does proffer to utilize only public
25 and waste -- water and wastewater facilities.
Frederick County Board of Supervisors Meeting #14082-1 12/10/03
Page 1 06
1 Although not proffered or shown ln a
2 generalized development plan, it is
3 applicant's intent to leave the mature
4 hardwood trees on the northeast and on the
5 southwest corners of this property during the
6 site construction. There may be some
7 limitations in saving some trees due to the
8 entrance requirement.
9 At the Planning Commission meeting of
10 November 19th there was some discussion
11 regarding the historic significance of
12 Berryville Canyon and maintaining the visual
13 integrity of the Route 7 corridor as an
14 entranceway into the City of Winchester.
15 Additionally, there was concern at that time
16 about the possibility of gasoline convenience
17 stores on the site. The owner stated it
18 that it is the intent to make this site
19 visually appealing and also offered at that
20 time to proffer prohibiting convenlence
21 stores with gasoline stations.
22 Ultimately, by a majority vote, the
23 Planning Commission sent forward a
24 recommendation of approval for the
25 consideration of the Board. Staff reiterates
Frederick County Board of Supervisors Meeting #14082-1 12/10/03
Page 1 07
1 that careful consideration of business uses
2 along this undesignated portion of the Route
3 7 corridor should be considered on a case by
4 case basis. Business uses along this
5 portion of the corridor may be appropriate
6 if consid -- considered compatible.
7 The applicant has attempted to
8 address the quality of this development
9 through his proffer statement with a
10 guarantee of material and size limitations,
11 of fencing and sign structures, stream
12 protection measures and effective
13 landscaping.
14 Following this public hearing item,
15 an action regarding the rezonlng for For My
16 Kids, Shenandoah Honda, would be appropriate.
17 And this evening, the applicant's
18 representative, Mr. Tim Stowe, with Anderson
19 & Associates would like to make a
20 presentation to the Board. At this time I'd
21 be happy to address any questions you may
22 have of staff.
23 CHAIRMAN SHICKLE: Any
24 questions of staff? Will the applicant come
25 forward?
Frederick County Board of Supervisors Meeting #14082-1 12/10/03
Page 108
1 ATTORNEY BUTLER: Mr.
2 Chairman, Members of the Board, I'm Ben
3 Butler. I'm an attorney and represent the
4 applicant in this matter and along with Tim
5 Stowe, who I'll ask to come up here. We
6 think that the staff has fairly addressed
7 the proposition and we're here to answer any
8 questions that the Board may have ln this
9 matter. So, I open it to you to ask those
10 questions if you desire?
11 CHAIRMAN SHICKLE: Do you
12 have a presentation or not?
13 ATTORNEY BUTLER: Did you
14 want to...
15 CHAIRMAN SHICKLE: No, okay.
16 Any questions of the applicant?
17 SUPERVISOR TYLER: Mr.
18 Chairman?
19 CHAIRMAN SHICKLE: Supervisor
20 Tyler.
21 SUPERVISOR TYLER: Yes. Mr.
22 Stowe? Thank you...
23 MR. STOWE: Yes, ma'am.
24 SUPERVISOR TYLER: .. .for
25 your communications on this issue today. I
Frederick County Board of Supervisors Meeting #14082-1 12/10/03
Page 1 09
1 would like, and I don't necessarily need to
2 have it proffered, per se, but I know your
3 environmental background and interests and
4 you know mine. So, when you go to build
5 this crossing, the 50 inch steel, what do
6 you call it, corrugated culvert, there we
7 go, when you replace that you will be
8 replacing it, what is -- with what? You had
9 said earlier today you have a couple ideas
10 of how you'd be handling that?
11 MR. STOWE: What, what we're
12 planning to put in is an arched-type of
13 structure that would bridge across the, the
14 creek and try to maintain the integrity of
15 the streambed itself. There's several
16 engineering factors that have to be worked
17 through, the, the condition of the soils and
18 their ability to support that type of
19 structure. We feel pretty comfortable that
20 that -- that will occur, but as you saw
21 earlier this evenlng my, my interest is ln
22 improving the water quality in the streams...
23 SUPERVISOR TYLER: Yes. Mm-
24 hmm. (Indicating affirmatively.)
25 MR. STOWE: . ..and we feel
Frederick County Board of Supervisors Meeting #14082-1 12/10/03
Page 110
1 there's a great opportunity to that -- to do
2 that on this project, as well.
3 SUPERVISOR TYLER: Okay. All
4 right, very good. And one more thing. If
5 you could give some assurance, I know that
6 on the site plan I'd like to have designated
7 that you will try to do BMP's. If we
8 cannot do anyon-site and what you can do
9 on-site that you will do the best management
10 practices, if you can do that. Ash Hollow
11 is sensitive, we need to be mindful of that.
12 MR. STOWE: Yes, ma'am. And
13 we have a great opportunity on this site.
14 We've looked at several measures...
15 SUPERVISOR TYLER: Mm-hmm.
16 (Indicating affirmatively.)
17 MR. STOWE: . ..and, and
18 including underground storage of storm water
19 and releasing it at a slow rate as a, as a
20 mechanism to actually water some of the
21 landscaping. So, we're, we're already
22 looking at that type of detail.
23 SUPERVISOR TYLER: And I
24 appreciate the 35 foot riparian buffer, too.
25 Thank you.
Frederick County Board of Supervisors Meeting #14082-1 12/10/03
Page 111
1 CHAIRMAN SHICKLE: Any other
2 questions of the applicant? This is a
3 public hearing. Is there anyone here who
4 would like to speak either for or against
5 Rezoning #11-03, For My Kids, LLC, Shenandoah
6 Honda? Seeing no one we'll close the public
7 hearing.
8 This lS Red Bud.
9 SUPERVISOR FORRESTER: Mm-
10 hmm. (Indicating affirmatively.) I guess,
11 Mr. Chair, I move for approval with the
12 condition that the best management practices
13 be implemented for the storm water management
14 plan.
15 CHAIRMAN SHICKLE: Would you
16 repeat the last part, with what conditions?
17 SUPERVISOR FORRESTER: With
18 the condition that they use the best
19 management practices...
20 CHAIRMAN SHICKLE: Okay.
21 SUPERVISOR FORRESTER: .. .for
22 the storm water management plan which they
23 have said that they're amenable to?
24 SUPERVISOR REYES: I second
25 that.
Frederick County Board of Supervisors Meeting #14082-1 12/10/03
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CHAIRMAN SHICKLE: We have a
motion to approve and a second by Supervisor
Reyes. Any discussion?
SUPERVISOR FORRESTER: Yes,
I'd just like to comment on this. The
applicant for this particular application has
shared with me that he's very concerned,
also, with the Vlew shed coming in off of 7.
He's a resident of the subdivision that
lives right off of 7 in Pioneer Heights.
He's choosing to move his business into
Frederick County as a Frederick County
resident, has two children that he's ralslng
ln Frederick County and I think this would
be an asset to the community.
CHAIRMAN SHICKLE: Any other
discussion? Hearing none, Supervisor
Forrester?
SUPERVISOR FORRESTER: Aye.
CHAIRMAN SHICKLE: Supervisor
Sager?
SUPERVISOR SAGER:
CHAIRMAN SHICKLE:
Aye.
Supervisor
Smith?
SUPERVISOR SMITH: Aye.
Frederick County Board of Supervisors Meeting #14082-1 12/10/03
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Page 113
CHAIRMAN SHICKLE: Supervisor
Douglas?
SUPERVISOR DOUGLAS:
CHAIRMAN SHICKLE:
Aye.
Supervisor
Reyes?
SUPERVISOR REYES: Aye.
CHAIRMAN SHICKLE: Supervisor
Tyler?
SUPERVISOR TYLER: Aye.
CHAIRMAN SHICKLE: The
Chairman votes aye and the motion carries.
ADOPTION OF THE PROPOSED WEST JUBAL EARLY
LAND USE PLAN (WJELUP). THE WJELUP
IDENTIFIES FUTURE RESIDENTIAL AND MIXED LAND
USES, A TRANSPORTATION NETWORK, AND INCLUDES
AN EXPANSION OF THE URBAN DEVELOPMENT AREA
(UDA) , FOR AN APPROXIMATELY 350 ACRE AREA
PORTION OF THE COUNTY. THE SITE IS LOCATED
ADJACENT TO AND WEST OF THE CITY OF
WINCHESTER, EAST OF ROUTE 37, AND ADJACENT
TO AND SOUTH OF MERRIMAN'S LANE (ROUTE 621).
THE WJELUP IS LOCATED IN THE SHAWNEE
MAGISTERIAL DISTRICT. APPROVED.
CHAIRMAN SHICKLE: Our next
public hearing lS Adoption of the Proposed
Frederick County Board of Supervisors Meeting #14082-1 12/10/03
Page 114
1 West Jubal Early Land Use Plan. Mr. Mohn?
2 MR. MOHN: Thank you, Mr.
3 Chairman, Members of the Board. In the
4 spring of this year a request was submitted
5 by a group of property owners to include
6 their property totaling approximately 350
7 acres within the Urban Development Area.
8 Staff was directed to proceed with the
9 requisite public hearings for this request
10 with the condition that a land use plan be
11 prepared for the proposed expanslon area.
12 Per this directive staff and the
13 property owners' representative, Greenway
14 Engineering, developed a draft land use plan
15 that is titled the West Jubal Early Land Use
16 Plan. If you will look to the screen to
17 your left you'll see that the acreage
18 included in the West Jubal Early Land Use
19 Plan lS located adjacent to and west of the
20 City of Winchester which lS west and
21 actually somewhat north. Also, it is
22 located east of Route 37 and a portion of it
23 does follow and connect onto Cedar Creek
24 Grade to the south. South of the subject
25 area is an approximate 200 acre tract of the
Frederick County Board of Supervisors Meeting #14082-1 12/10/03
Page 115
1 South Frederick Agricultural and Forrestal
2 District.
3 The principal land uses envisioned
4 within the plan area are suburban residential
5 uses and those areas are identified with
6 the, with the light yellow color on the
7 proposed land use map that you'll see both
8 on the north and southern portions of the
9 site. Such uses are planned as a
10 continuation of the established development
11 pattern immediately east and north of the
12 site and are thus intended to reflect the
13 characteristics of the adjoining Meadow
14 Branch and Morlyn Hills Subdivisions in the
15 City of Winchester.
16 The draft plan calls for residential
17 development that consists primarily of single
18 family detached units with a gross density
19 not to exceed four dwellings per acre.
20 Based upon this proposed density, adoption of
21 the draft land use plan coupled with the
22 associated UDA expansion would provide policy
23 support for the development of approximately
24 1,400 new dwelling units through subsequent
25 rezoning petitions.
Frederick County Board of Supervisors Meeting #14082-1 12/10/03
Page 116
1 The draft plan also designates an
2 area for mixed use development generally
3 coincident with the path of the extension of
4 Jubal Early Drive. And this area on the map
5 is this slightly darker reglon, of course,
6 extending all along the path of Jubal Early.
7 The mixed use designation is intended
8 to provide commercial and employment
9 opportunities that are easily accessible to
10 residents in the plan area through a
11 comprehensive network of pedestrian and
12 bicycle facilities.
13 Residential uses are envisioned to
14 comprise no more than 75 percent of the land
15 area designated as mixed use with commercial
16 uses comprised in at least 25 percent, but
17 no more than 50 percent of the mixed use
18 area. Moreover, it is intended that the
19 commercial component develop with
20 neighborhood scale commercial and high end
21 office uses which would be consistent with
22 the commercial development that has occurred
23 west of Jubal Early Drive's intersection with
24 Valley Avenue in the City of Winchester.
25 Environmentally the draft land use
Frederick County Board of Supervisors Meeting #14082-1 12/10/03
Page 11 7
1 plan designates these the wetlands and other
2 features associated with the Abrams Creek
3 corridor as developmentally sensitive areas.
4 Again, referring to the proposed land use
5 map you'll see that these developmentally
6 sensitive areas are identified with the
7 green, most of it, of course, along the
8 northern and eastern boundaries of the site
9 and also a smaller area toward the south.
10 To ensure the preservation of these
11 areas is maximized, the draft plan calls for
12 a conservation oriented approach to the
13 design of all new development within the
14 subject area. As such, a thorough inventory
15 or resources and the delineation of
16 conservation areas that encompass these
17 resources would occur as the, as the first
18 step in the design process. To recognize
19 the value of such preservation full density
20 credit is recommended for DSA designated land
21 conserved through the development process.
22 With regard to transportation, Jubal
23 Early Drive is the principal transportation
24 element of the draft land use plan.
25 Specifically, the draft plan foresees the
Frederick County Board of Supervisors Meeting #14082-1 12/10/03
Page 118
1 extension of Jubal Early Drive from its
2 current terminus in the City of Winchester
3 West to Route 37 where the two roads will
4 connect Vla a new interchange. Again you'll
5 see, obviously, very prominently displayed
6 the path of the Jubal Early Drive extension
7 from Winchester, the City of Winchester out
8 through Route 37 and the general location of
9 a new interchange area.
10 The extension of Jubal Early Drive
11 will be constructed as a four-lane divided
12 urban section with a boulevard style design
13 consistent with the existing Jubal Early
14 Drive located within the City of Winchester.
15 It is noted that the city has expressed its
16 support for the extension of this road as it
17 is considered an important regional
18 improvement that is consistent with the
19 Winchester area transportation study.
20 The draft plan also provides for the
21 initial segment of a north/south collector
22 road that would link Jubal Early Drive to
23 Cedar Creek Grade. And, of course, you can
24 see that extending from about the midpoint
25 of Jubal Early Drive down to the limits of
Frederick County Board of Supervisors Meeting #14082-1 12/10/03
Page 119
1 the study area. As noted, the land use plan
2 only accommodates this initial segment due to
3 the location of the adjoining parcel within
4 the South Frederick Agricultural and
5 Forrestal District. The voluntary
6 participation of the property owner ln the
7 Agricultural District Program represents a
8 commitment that the land will not be
9 developed in the near term and, therefore,
10 will remain a protected agricultural
11 resource.
12 The county recognlzes this commitment
13 through the land use planning process by
14 protecting the, the land from encroachment by
15 incompatible land uses, utilities and other
16 infrastructure. Moreover, the Comprehensive
17 Policy Plan expressly calls for the
18 protection of important agricultural land and
19 recognlzes the important role the
20 Agricultural Districts play in facilitating
21 the strategy. As such, the inclusion of
22 land presently ln an adopted Agricultural
23 District and the draft land use plan would
24 represent or would result in land use policy
25 that is inconsistent and contradictory.
Frederick County Board of Supervisors Meeting #14082-1 12/10/03
Page 120
1 Staff therefore discourages the designation
2 of the adjoining Agricultural District land
3 for either future land uses or infrastructure
4 in the draft plan. It is recommended that
5 the owners of this adjoining land seek to be
6 removed from the Agricultural District should
7 they desire to be included ultimately in a
8 draft land use plan at any future expansion
9 of the Urban Development Area. And each of
10 you was provided with a copy of a letter
11 from those property owners, the Solenberger
12 family, indicating their intention and
13 interest ultimately in being included in this
14 plan area.
15 The Planning Commission held its
16 public hearing regarding the draft land use
17 plan and UDA expansion on November 19th. It
18 is noted that the preparation of the draft
19 plan occurred outside of the typical planning
20 process. Indeed, only the proposed UDA
21 expanslon was considered and endorsed by the
22 Comprehensive Plans and Programs Subcommittee
23 and subsequently discussed by the full
24 Commission with the draft plan map and text
25 receiving its first and only review at the
Frederick County Board of Supervisors Meeting #14082-1 12/10/03
Page 121
1 Commission's public hearing. As such, the
2 Commission determined that while a
3 recommendation could be offered concerning
4 the UDA expansion, it was difficult to
5 provide a definitive endorsement of the draft
6 plan due to the abbreviated nature of the
7 reVlew process.
8 Therefore, following comments from
9 the public which encouraged careful attention
10 to the subject area's environmental features,
11 the Planning Commission unanimously
12 recommended approval of the proposed UDA
13 expanslon with a draft land use plan being
14 forwarded as information only without an
15 official recommendation.
16 Staff would note that approval of the
17 UDA expanslon without an accompanying land
18 use plan is an option available to the Board
19 this evening. However, in the absence of an
20 adopted land use plan the 350 acre study
21 area would be open to future rezoning
22 proposals without guidance concerning
23 appropriate land uses, environmental
24 protection and transportation improvements.
25 The Board of Supervisors therefore
Frederick County Board of Supervisors Meeting #14082-1 12/10/03
Page 122
1 possesses three distinct options for action
2 concerning this matter this evening and, of
3 course, this item is advertised as a public
4 hearing. These options are, one, to approve
5 or deny the proposed land use plan, text and
6 map as presented this evening to include the
7 UDA expansion; two, to approve the Urban
8 Development Area expanslon only as
9 recommended by the Planning Commission
10 without a land use plan or, three, to defer
11 action on the land use plan and UDA
12 expanSlon pending additional reVlew.
13 At this time I would be happy to
14 address any questions that you have of
15 staff. I would also note that Mr. Evan
16 Wyatt of Greenway Engineering, who worked
17 with staff to prepare the plan, is also
18 present and representatives of VDOT are here
19 to answer any transportation related
20 questions that the Board may have.
21 CHAIRMAN SHICKLE: Any
22 questions of staff? Does the app -- Mr.
23 Wyatt, did you...
24 SUPERVISOR REYES: Mr.
25 Chairman?
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CHAIRMAN SHICKLE: .. .want to
make a presentation? I'm sorry, Supervisor
Reyes?
SUPERVISOR REYES:
I have a
question.
CHAIRMAN SHICKLE: Go ahead.
SUPERVISOR REYES: Would you
elaborate on Option Number 3?
MR. MOHN: The third option,
of course, lS to defer action this evening
for additional review and study. Of course,
that would offer the Board the option of
either keeping the, the land use plan at the
Board level and working on that through work
session or through subsequent public hearings
or it could be sending the, the plan back to
the Planning Commission for them to further
consider, endorse and send forward to the
Board for a final action. So, within that
option there are a couple of other sub-
options, basically.
SUPERVISOR REYES: Thank you.
CHAIRMAN SHICKLE: Mr. Wyatt,
did you want to make a presentation?
MR. WYATT: Thank you, Mr.
Frederick County Board of Supervisors Meeting #14082-1 12/10/03
Page 124
1 Chairman, Members of the Board. For the
2 record, I'm Evan Wyatt with Greenway
3 Engineering representing the Urban
4 Development Area expansion request.
5 What I'd like to do is draw your
6 attention to the aerial photograph behind
7 Supervisor Smith. I'm going to touch on
8 some things that might be a little
9 redundant, but I want to give you the full
10 flavor. The area we're talking about ln
11 this lS in this general area of the county.
12 What you have is the existing Urban
13 Development Area which comes down Route 37
14 ending on Merrimans Lane and then it follows
15 the City of Winchester line here and here
16 and then it goes south of Cedar Creek Grade
17 and into the county.
18 The road network that's in place is
19 Cedar Creek Grade in this location, Route 37
20 West, you have Merrimans Lane right here and
21 then Jubal Early Drive which comes over in
22 here. As you can see from the aerial there
23 is a significant amount of urban and
24 suburban residential development in this
25 area. You have Merriman's Chase right here,
Frederick County Board of Supervisors Meeting #14082-1 12/10/03
Page 125
1 Merriman's Estate up here. Then you have
2 Morlyn Hills which is shown in this August
3 photograph. It's under development, it's
4 much further along now. You have Meadow
5 Branch and then you have Orchard Hill.
6 The process began, as you know, with
7 the Comprehensive Plans Committee
8 entertaining a request to expand the Urban
9 Development Area which took it from its
10 current terminus and then follows what we're
11 showing on this red line to include the
12 properties owned by the White family and the
13 Marshall family, all in all about 370 acres
14 of land.
15 And that was what was before you all
16 ln discussion in September. And at that
17 time, of course, the Board of Supervisors
18 suggested that as a component of this Urban
19 Development Area request, that a land use
20 plan be developed for, for future guidance
21 because there was not one that was done for
22 this area.
23 So, what we did at that point in
24 time, Greenway Engineering got together with
25 both staff from the city and the county. We
Frederick County Board of Supervisors Meeting #14082-1 12/10/03
Page 126
1 had a design agreement with Greenway
2 Engineering. It included the city planning
3 staff, the county planning staff, the city
4 engineering staff and also Jim Lawrence, a
5 local environmentalist who is involved Abrams
6 Creek, as well as the Green Circle.
7 And what we did was, we developed a
8 conceptual land use plan which Mr. Mohn went
9 over in some detail. I won't be too
10 redundant other than to show in this area a
11 couple things that I think are features of
12 this. The Green Circle Trail System the
13 city has developed is ln this area. There
14 lS a proposal to link to that and to come
15 into this area to provide a north/south
16 connection to continue that into the county.
17 Also, with Jubal Early Drive, West
18 Jubal Early Drive from Valley Avenue and
19 this way, lS an 80 foot right of way through
20 the city. It's a four-lane urban divided
21 boulevard-type street design and the plan
22 should be to continue that same road theme
23 for Jubal Early west through the project
24 site to this.
25 Another lssue that was discussed was
Frederick County Board of Supervisors Meeting #14082-1 12/10/03
Page 127
1 the north/south, the need for a north/south
2 major collector road to link to Cedar Creek
3 Grade. And as a result of that, as Mr.
4 Mohn has pointed out correctly, there is a
5 parcel that is owned by the John Solenberger
6 family trustees that lS right here that is
7 currently in the South Frederick Agricultural
8 and Forrestal District. You have letters
9 indicating their desire, as well as the
10 Bridgeforth family who owns the remaining
11 balance of the parcel to the south of this
12 UDA request, that have requested an
13 opportunity to move forward and expressed
14 interest in being part of the UDA expansion.
15 It was recognized that because the
16 properties owned by White and by Marshall
17 have been further along in the process that
18 they should also go through the similar
19 process. So, their intention was to advise
20 the decision makers of their support of
21 what's happened immediately to the north of
22 them and to identify their desire to come
23 In.
24 I concur with Mr. Mohn's conclusions
25 that as a precursor of, of the Urban
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1 Development Area expanslon request for
2 Solenberger there should be some indication
3 of their desire to remove their properties
4 from the South Frederick Agricultural and
5 Forrestal District because, as was pointed
6 out, the intention is to prohibit
7 encroachment for things such as major road
8 systems.
9 One thing I'm not sure was reported
10 out, the City of Winchester, of course,
11 looked at the Jubal Early, but they also
12 considered the land use plan. Their
13 Planning and Development Committee which lS
14 made up of about half of the City Council
15 has looked at this and they did provide an
16 endorsement of the concept.
17 Also, we have a letter from the
18 public utilities for the City of Winchester
19 indicating that they would be amenable to
20 servlng this area, but of course that would
21 requlre the Frederick County Sanitation
22 Authority to entertain the request and
23 ultimately grant the ability to do so.
24 Obviously, the rationale for
25 extending the Urban Development Area lS
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1 fairly clear by the map. It's a logical
2 extension of the suburban and urban
3 development that's occurring immediately to
4 the east and north of the, of the subject
5 acreage. The quadrant provides, that we're
6 looking at here, 37 does provide a clean
7 line, if you will, between what should be
8 urbanized development and what should
9 continue to be rural development.
10 The extension of Jubal Early Drive
11 provides for a regional transportation
12 solution and it also provides some immediate
13 relief for the Meadow Branch Subdivision
14 which particularly gets a lot of western
15 bound or western bound Frederick County
16 traffic that comes up and goes Breckenridge,
17 Armistead and Meadow Branch Drive to access
18 Jubal Early.
19 Once agaln this is an opportunity, as
20 Mr. Mohn pointed out, to provide a quality
21 mixed use development that does continue from
22 what we have seen from immediate northwest
23 to provide amenities that will compliment the
24 patterns of the City of Winchester.
25 What we have done since we met with the
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1 Planning Commission, we had a meeting with
2 VDOT representatives to discuss the
3 transportation issues, of course, because
4 they are critical in this area and we
5 recognize that and getting that right and
6 making sure we know who is responsible for
7 what component.
8 Obviously the development of this
9 acreage should be required to provide right
10 of way necessary for the road systems. It
11 should be required to build what the traffic
12 impact analysis set forth and it should
13 facilitate some reasonable improvements and
14 there should be a decision made about how
15 the future interchange will be built after
16 those reasonable improvements and developer
17 improvements are made and because of that we
18 recognlze that will take some dialog with
19 VDOT and, of course, you, as the Board.
20 So, what we would suggest is that
21 Slnce this is an advertised public hearing
22 that we open that up to hear the public
23 comments, we hear the comments and concerns
24 or direction from this group and then what
25 we recommend is that we continue this item
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1 probably to at least, to your February
2 meeting to give us an opportunity to all sit
3 down and continue discussion on this. With
4 that report, Mr. Chairman, I will be happy
5 to answer any questions.
6 CHAIRMAN SHICKLE: Mr. Wyatt,
7 until today I never noticed, what is that
8 little finger across Cedar Creek Grade?
9 MR. WYATT: Ok, are you here?
10 CHAIRMAN SHICKLE: No, the
11 little one up above that. Is it a piece of
12 the county?
13 MR. WYATT:: I am sorry, Mr.
14 Shickle, you are going to have to point it
15 out.
16 CHAIRMAN SHICKLE: Right
17 there.
18 MR. WYATT: Yes, Slr, that's
1 9 uh. .
20 CHAIRMAN SHICKLE: How ln the
21 world did that happen?
22 MR. WYATT: Uh, that little
23 finger for the Mar.. is a piece of the
24 Marshall property. It's actually the first
25 property in Frederick County once you, once
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you leave the City of Winchester limits.
CHAIRMAN SHICKLE: It's
surrounded by the city on three sides or lS
it just their property being included..is it
ln the city?
DIRECTOR LAWRENCE: You might
be looking at the urban area development.
Is that, I can't see it from this side. Is
that where Homespun is?
CHAIRMAN SHICKLE: On this
one map it looks as if it's in the city.
You can answer that at another time, but I -
- it's a very curious little finger there
and I just have never noticed it before.
MR. WYATT: Yeah, okay. The
properties that we're, we're showing this
evening for inclusion in the Urban
Development Area are all located in the
county, all the acreage.
CHAIRMAN SHICKLE: Any other
questions of the applicant?
SUPERVISOR REYES: Yes, Mr.
Chairman.
CHAIRMAN SHICKLE:
Supervisor
Reyes?
Frederick County Board of Supervisors Meeting #14082-1 12/10/03
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1 SUPERVISOR REYES: Did I hear
2 you correctly to say that the five areas
3 that I see on that map that's designated for
4 residential development, does that comprise
5 70 percent of the 350 acres?
6 MR. WYATT: The acreage
7 totals, the acreage totals have not been
8 defined yet for what would be rezoned RP and
9 B2. The idea is to develop a conceptual
10 land plan that shows what areas outright
11 will be residential solely and what areas
12 will have a mixture of residential/commercial
13 serVlce and office-type use.
14 I think it's important to remember
15 when we do talk about commercial land use,
16 particularly along this segment of West Jubal
17 Early Drive as it's extended, the V1Slon
18 should be more so of what you see on the
19 existing segment of Jubal Early that's west
20 of Valley Avenue. If you proceed from where
21 it, it starts in the city, movlng towards
22 the west you go through an area that is big
23 box-type retail, hotels and, and fast food
24 restaurants and such and I don't think that
25 should be really the vision for what we're
Frederick County Board of Supervisors Meeting #14082-1 12/10/03
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1 looking at in this portion of that. I think
2 you're going to see more of like what you're
3 seelng that's developed along Meadow Branch
4 Drive and Jubal Early Drive which is more
5 small office, service retail for the
6 residential units. So, with that I think we
7 need to be careful about trying to pinpoint
8 what the appropriate acreages are initially
9 at a conceptual planning stage.
10 SUPERVISOR REYES: Thank you.
11 CHAIRMAN SHICKLE: Other
12 questions of the applicant? Thank you, sir.
13 MR. WYATT: Thank you.
14 CHAIRMAN SHICKLE: This lS a
15 public hearing, is there anyone here who
16 would like to speak either for or against
17 the adoption of the Proposed West Jubal
18 Early Land Use Plan? Seeing no one, we will
19 close the public hearing.
20 The applicant has asked that this
21 matter -- vote on this matter be postponed.
22 Is the Board agreeable?
23 SUPERVISOR SMITH: Yeah, I so
24 move, Mr. Chairman.
25 CHAIRMAN SHICKLE: We have a
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motion by Supervisor Smith to postpone, lS
there a second?
SUPERVISOR TYLER:
I'll
second that.
CHAIRMAN SHICKLE:
Is that
you, Supervisor Tyler?
SUPERVISOR TYLER: Yes.
CHAIRMAN SHICKLE: Motion to
postpone by Supervisor Smith, seconded by
Supervisor Tyler. Discussion?
SUPERVISOR TYLER: Mr.
Chairman?
CHAIRMAN SHICKLE: Supervisor
Tyler?
SUPERVISOR TYLER: I just
have a question and maybe Mr. Wyatt can
clear it up for me. You had suggested we
can wrangle this a few different directions,
correct, the Board deal with this. I would
feel more comfortable that it goes back to
the Planning Commission before it comes to
this body again, that just perked up.
SUPERVISOR FORRESTER: Is
that a motion?
SUPERVISOR TYLER:
I'm just,
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yeah. I would -- I'd have to amend the
motion. I just wanted to get some other
folks. . .
CHAIRMAN SHICKLE: Well, I
think what you need to do is, is act on
Supervisor Smith's motion to postpone...
SUPERVISOR TYLER: Mm-hmm.
(Indicating affirmatively.)
CHAIRMAN SHICKLE: .. .and
then a, a subsequent motion...
SUPERVISOR TYLER:
CHAIRMAN SHICKLE:
Okay.
. . . to
refer lS certainly in order.
SUPERVISOR TYLER: Okay.
CHAIRMAN SHICKLE: Supervisor
Forrester, do you have a comment?
SUPERVISOR FORRESTER: No,
but I would second it, if that's her
amendment.
CHAIRMAN SHICKLE: Okay. Are
you ready to vote on Supervisor Smith's
motion?
SUPERVISOR TYLER: Yes.
CHAIRMAN SHICKLE: Supervisor
Tyler?
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SUPERVISOR TYLER:
CHAIRMAN SHICKLE:
Aye.
Supervisor
Reyes?
SUPERVISOR REYES: Aye.
CHAIRMAN SHICKLE: Supervisor
Douglas?
SUPERVISOR DOUGLAS:
CHAIRMAN SHICKLE:
Aye.
Supervisor
Smith?
SUPERVISOR SMITH:
CHAIRMAN SHICKLE:
Aye.
Supervisor
Sager?
SUPERVISOR SAGER: Aye.
CHAIRMAN SHICKLE: Supervisor
Forrester?
SUPERVISOR FORRESTER: Aye.
CHAIRMAN SHICKLE: The
Chairman votes aye and the motion carries.
Supervisor Tyler?
SUPERVISOR TYLER: Yes, I
would just like to see this go back to the
Planning Commission. I don't know how the,
the Board feels about having a work session
on this with the Planning Commission.
What's the pleasure of this Board, what
Frederick County Board of Supervisors Meeting #14082-1 12/10/03
Page 138
1 would you like to do?
2 CHAIRMAN SHICKLE: What would
3 be your objective?
4 SUPERVISOR TYLER: Just more
5 communication and understanding and bringing
6 our thoughts forward in a cohesive way or we
7 can just send it to the Planning Commission
8 and go forward. I want to make sure that
9 when we come back that we have text and we
10 have a land use plan and we have maps.
11 CHAIRMAN SHICKLE:
12 Administrator Riley, what would that mean to
13 the public hearing process?
14 ADM. RILEY: I believe it
15 would requlre a new public hearing
16 particularly if you...
17 CHAIRMAN SHICKLE: At both
18 levels?
19 ADM. RILEY: Yes,
20 particularly if you were gOlng to be more
21 inclusive and particularly with the other
22 landowners petitioning to come in. If
23 that's going to be a consideration that
24 would probably be a more appropriate way to
25 address it.
Frederick County Board of Supervisors Meeting #14082-1 12/10/03
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1 CHAIRMAN SHICKLE: Any other
2 questions? Supervisor Tyler, you asked what
3 the Board felt. I probably would rather it
4 didn't go back.
5 SUPERVISOR TYLER: Mm-hmm.
6 (Indicating affirmatively.)
7 CHAIRMAN SHICKLE: But if
8 you're looking for comments from the other
9 Board members I encourage them to speak up.
10 I think Supervisor Forrester said that she
11 would rather it did. Does anyone else want
12 to speak up?
13 SUPERVISOR FORRESTER: Yeah,
14 I'll speak up.
15 CHAIRMAN SHICKLE: Supervisor
16 Forrester.
17 SUPERVISOR FORRESTER: I'd
18 like to see it go back to the normal process
19 where we do the land use plan and then take
20 it up through the committees. Is that what
21 you were...
22 SUPERVISOR TYLER: Well, I
23 was Board liaison for the Planning Commission
24 and it, it seemed to be a circular debate
25 and there was a lot of unanswered questions
Frederick County Board of Supervisors Meeting #14082-1 12/10/03
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1 about transportation.
2
3
SUPERVISOR FORRESTER: Right.
SUPERVISOR TYLER: So, I
4 would like to see a good solid
5 transportation...
6
7
8
SUPERVISOR FORRESTER: Plan.
SUPERVISOR TYLER:
. . . text
and plan be adopted for this.
If that can
9 happen just amongst this body I would be
10 okay with that, but I would prefer that it
11 go back through the Planning Commission
12 stages for their comments and review.
13
14
SUPERVISOR FORRESTER: Mm-
hmm.
(Indicating affirmatively.)
15 CHAIRMAN SHICKLE:
16 Administrator Riley, what kind of cost does
17
the applicant
. .
lncur ln,
ln a process like
18 that additional, having come through once and
19 have to go back through again?
20
ADM. RILEY:
I might have to
21 defer to Director Lawrence.
22
ASS'T. TIERNEY: There,
23 there's no application fee for this.
24
CHAIRMAN SHICKLE: Just copy
25 costs?
Frederick County Board of Supervisors Meeting #14082-1 12/10/03
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1 DIRECTOR LAWRENCE: At this,
2 at this point, yeah. The, there's no
3 application fee. It, it's a land use plan
4 change which is normally processed by staff.
5 So, there's no fee associated. They've been
6 helpful in providing color maps and things
7 of that nature. The county has absorbed
8 public hearing notices and things like that.
9 CHAIRMAN SHICKLE: Supervisor
10 Tyler lS looking for some comments.
11 SUPERVISOR SAGER: I, I have
12 a, I believe you said that at the request of
13 the applicant to withdraw, was that what
14 they wished to do?
15 CHAIRMAN SHICKLE: The
16 applicant requested that, that we postpone a
17 vote and we took a vote on that and voted
18 it up. Supervisor Tyler is now looking for
19 direction from the rest of the Board on
20 should we hear this at the later date with
21 the intent of voting or should we send it
22 back to the Planning Commission.
23 SUPERVISOR SAGER: Well,
24 either way I won't be a part of that
25 process, but I would like the pleasure of
Frederick County Board of Supervisors Meeting #14082-1 12/10/03
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1 addressing my feelings concernlng the land
2 use and the other issues here.
3 CHAIRMAN SHICKLE: Go ahead,
4 Supervisor Sager.
5 SUPERVISOR SAGER: I've
6 always felt that, first of all, this lS some
7 beautiful land out there and I know the
8 people involved are going to preserve the
9 integrity of this land. Secondly, I've
10 always contended that the most natural
11 barrier for a UDA would be something that's
12 pretty stable rather than a peg on a
13 mountain.
14 So, I think the expanslon of the UDA
15 out to the 37 line where it's contained
16 within 37 and doesn't pass it, I think
17 that's the most natural request and I would
18 like just to say that I support both of the
19 requests for the UDA expansion and the land
20 use plan and I think the developers are
21 making a tremendous commitment there.
22 And the sad part is, the money that
23 would have helped in some of this
24 transportation there was turned away by the
25 City of Winchester as far as the expansion
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of Jubal Early Drive and will never be used
now. So, that might make the process a
little longer. And that's all I have to
say.
CHAIRMAN SHICKLE: Any other
comments?
SUPERVISOR REYES: Yes, Mr.
Chairman.
CHAIRMAN SHICKLE:
Supervisor
Reyes.
SUPERVISOR REYES: I share
Supervisor Sager's comments about the natural
boundaries of this, but I do have some
concerns where I envision tremendous
residential growth, and you know how I feel
about that, most people know how I feel
about that, that that's going to cause us to
ralse our taxes. And in addition to that, I
agree with Supervisor Tyler that we need to
look at the traffic impact study a little
further.
CHAIRMAN SHICKLE: Any other
comments? We stand at a motion approved to
postpone. It takes another motion to do
anything else.
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SUPERVISOR TYLER: Well, I,
I'll make a motion that the plan goes back
to the Planning Commission and start forward
and have text identified for this body and
transportation to reVlew.
CHAIRMAN SHICKLE: Everyone
understand Supervisor Tyler's motion?
SUPERVISOR REYES: I'll
second that.
SUPERVISOR FORRESTER: Yes,
but I have a question.
CHAIRMAN SHICKLE: Let me see
if we understand it first. Is there any
confusion?
SUPERVISOR FORRESTER:
I have
a question.
CHAIRMAN SHICKLE: Supervisor
Forrester.
SUPERVISOR FORRESTER: Are we
separating the UDA expansion request from the
land use plan?
CHAIRMAN SHICKLE: Supervisor
Tyler?
SUPERVISOR TYLER: Yes. I
think it needs to be...
Frederick County Board of Supervisors Meeting #14082-1 12/10/03
Page 145
1 SUPERVISOR FORRESTER: Okay.
2 SUPERVISOR TYLER: .. .all
3 together.
4 SUPERVISOR FORRESTER: Okay.
5 So, then we're...
6 SUPERVISOR TYLER: Mm-hmm.
7 (Indicating affirmatively.)
8 CHAIRMAN SHICKLE: It's my
9 understanding the Planning Commission has
10 approved the UDA expanslon.
11 SUPERVISOR TYLER: Mm-hmm.
12 (Indicating affirmatively.)
13 CHAIRMAN SHICKLE: I think
14 the concern is, is there's not a land use
15 plan that accompanies it and the purpose of
16 this is to send it back to the Planning
17 Commission to incorporate the land use plan
18 within the UDA expanSlon.
19 SUPERVISOR SMITH:
20 Administrator Riley, why wasn't that included
21 at the time?
22 ADM. RILEY: I don't know
23 why. I believe the, the Planning Commission
24 did not feel it was ready to act on a land
25 use plan component, but I agree with staff
Frederick County Board of Supervisors Meeting #14082-1 12/10/03
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1 that the two are necessary ln order to
2 implement the plan.
3 SUPERVISOR SMITH: Well, if
4 we send it back is there -- what about, lS
5 there any way to tell what the Planning
6 Commission is going to do since they didn't
7 do it the first time?
8 ADM. RILEY: Well, I think
9 now that they have the benefit of the plan
10 that has been developed and have had a
11 chance to study it along with the
12 transportation component, I think they would
13 feel comfortable...
14 SUPERVISOR SMITH: It's
15 different.
16 ADM. RILEY: .. .In
17 implementing that.
18 SUPERVISOR SMITH: Okay,
19 thank you, Slr.
20 ADM. RILEY: Not that I want
21 to speak for the Planning Commission, but I
22 think that is, is what they would, would
23 like to do.
24 SUPERVISOR SMITH: Yeah,
25 thank you.
Frederick County Board of Supervisors Meeting #14082-1 12/10/03
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1 SUPERVISOR FORRESTER: Okay.
2 CHAIRMAN SHICKLE: All right,
3 the motion by Supervisor Tyler is to send
4 back the UDA request to have it come back to
5 us with a land use plan and transportation
6 plan.
7 SUPERVISOR TYLER: Mm-hmm.
8 (Indicating affirmatively.)
9 CHAIRMAN SHICKLE: That lS
10 the motion, correct?
11 SUPERVISOR TYLER: You did
12 very good. Mm-hmm. (Indicating
13 affirmatively.)
14 CHAIRMAN SHICKLE:
15 Administrator Riley, does that...
16 ADM. RILEY: Yes, Slr.
17 CHAIRMAN SHICKLE:.. . adequately
18 describe it?
19 ADM. RILEY: Yes, Slr.
20 CHAIRMAN SHICKLE: Is there a
21 second?
22 SUPERVISOR FORRESTER: I'll
23 second that.
24 CHAIRMAN SHICKLE: Second by
25 Supervisor Forrester. Discussion?
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SUPERVISOR SMITH: Yes, slr,
Mr. Chairman.
CHAIRMAN SHICKLE:
Supervisor
Smith?
SUPERVISOR SMITH: Mr. Wyatt,
are, are you comfortable with this going
back to planning and...
MR. WYATT: What we want to
make sure of is, is we don't lose sight of
the fact that there's already been an action
taken by the Commission on the Urban
Development Area expansion. My
understanding, although I was not the
presenter through the discussion processes,
was that the, the concern about the
development of a land use plan surfaced
during the discussion of the Board of
Supervisors and as a result of that, that's
when we sat down with staff and worked out
generally what I think is, is pretty much
conceptually going to be what you see at the
end of the day. The ability to answer some
of the more presslng transportation questions
may not be available at this time.
Obviously, our preference would be to, to
Frederick County Board of Supervisors Meeting #14082-1 12/10/03
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1 keep the land plan at the Board level.
2 It's, it's obviously your prerogative to, to
3 do as you will, but what we would like to
4 do lS if, if this does end up back at the
5 Planning Commission for a land plan, we
6 would like to work through that and dispose
7 of that as quickly as possible and then get
8 both issues back in front of the Board which
9 is the, you know, the crux of the matter is
10 this started as a UDA expansion proposal.
11 SUPERVISOR SMITH: How long
12 would it take you to do that?
13 MR. WYATT: We'll have to
14 meet with the staff and VDOT and make sure
15 we're all on the same page. I would like
16 to think we could be back at the Planning
17 Commission with the conceptual plan and, and
18 some of the transportation issues that would
19 be of concern at this point in January and
20 then be back in front of the Board with both
21 lssues, being the Urban Development Area
22 expansion request and the conceptual plan as
23 one item back, back to the Board. We had
24 generally thought February would be when we
25 would be back here anyway. So, I think we
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can probably get there.
SUPERVISOR SMITH: Thank you,
slr.
CHAIRMAN SHICKLE:
Administrator Riley?
ADM. RILEY: Yes, Slr.
CHAIRMAN SHICKLE: Would not
it be a, a way to weave our way through
this that we postpone a vote on the UDA
expanslon and request the Planning Commission
to send us a transportation and land use
plan to get here at the same time we vote
on the land -- or the Urban Development
expansion?
ADM. RILEY: Yes, Slr. I
think that's...
CHAIRMAN SHICKLE: And not
send the UDA expanslon back to them, could
we not do that?
ADM. RILEY: Well, I think
what you're doing is, is that when this
comes back to the Board you will, you will
be voting on the UDA expansion along with
the land use plan.
CHAIRMAN SHICKLE: But we'd
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1 only be asking the Planning Commission to
2 send us a land use plan and a transportation
3 plan.
4 ADM. RILEY: Correct. You'd
5 have. . .
6 CHAIRMAN SHICKLE: Not, not
7 re-advertised, revote, redo the expansion of
8 Urban Development.
9 ADM. RILEY: You postpone
10 your action on the expansion of the Urban
11 Development Area this evening until the first
12 Board meeting in February, if I understand
13 you correctly.
14 CHAIRMAN SHICKLE: And
15 request the Planning Commission to send us a
16 transportation plan...
17 ADM. RILEY: Implement the
18 plan, yes, Slr.
19 CHAIRMAN SHICKLE: That's not
20 quite how I got it, Supervisor Tyler, a
21 minute ago in her motion. Is she agreeable
22 to that?
23 SUPERVISOR TYLER: I'm very
24 agreeable to that. That was my intent.
25 CHAIRMAN SHICKLE: Was it?
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1 SUPERVISOR TYLER: Yes.
2 CHAIRMAN SHICKLE: Supervisor
3 Forrester?
4 SUPERVISOR FORRESTER: That's
5 fine.
6 CHAIRMAN SHICKLE: Then we'll
7 take that as a friendly amendment to the
8 motion. We are postponing a vote on the UDA
9 expanslon. . .
10 SUPERVISOR TYLER: Mm-hmm.
11 (Indicating affirmatively.)
12 CHAIRMAN SHICKLE: ...pending
13 receipt of a recommendation from the Planning
14 Commission on a transportation plan and land
15 use plan at which time all three will be
16 dealt with.
17 SUPERVISOR TYLER: That's
18 correct.
19 CHAIRMAN SHICKLE: Is that
20 correct, Administrator Riley?
21 ADM. RILEY: Yes, Slr.
22 SUPERVISOR REYES: Whose
23 motion lS that, Mr. Chairman?
24 CHAIRMAN SHICKLE: I think
25 it's...
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SUPERVISOR TYLER: It's mlne.
CHAIRMAN SHICKLE: ...a
friendly amendment Supervisor Tyler lS
talking about.
SUPERVISOR TYLER: Mm-hmm.
(Indicating affirmatively.)
CHAIRMAN SHICKLE: I took
liberties, though, I must admit.
SUPERVISOR TYLER: Mm-hmm.
(Indicating affirmatively.)
CHAIRMAN SHICKLE: Supervisor
Tyler made the motion, Supervisor Forrester
seconded. Everyone okay?
(Chorus of mm-hmm.)
CHAIRMAN SHICKLE: Supervisor
Forrester?
SUPERVISOR FORRESTER: Aye.
CHAIRMAN SHICKLE: Supervisor
Sager?
SUPERVISOR SAGER:
CHAIRMAN SHICKLE:
Aye.
Supervisor
Smith?
SUPERVISOR SMITH:
CHAIRMAN SHICKLE:
Aye.
Supervisor
Douglas?
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SUPERVISOR DOUGLAS:
CHAIRMAN SHICKLE:
Aye.
Supervisor
Reyes?
SUPERVISOR REYES: Aye.
CHAIRMAN SHICKLE: Supervisor
Tyler?
SUPERVISOR TYLER:
CHAIRMAN SHICKLE:
Aye.
The
Chairman votes aye and the motion carries.
OTHER PLANNING ITEMS:
MASTER DEVELOPMENT PLAN OF ABRAMS POINTE.
APPROVED.
Our next item is Tab 0, a Master
Development Plan of Abrams Pointe.
MR. CAMP: Thank you very
much Mr. Chairman and Members of the Board.
Abrams Pointe is a master development plan
for 240 single family detached urban lots on
a hundred -- 117.74 acres of land within the
RP Zoning District. This master development
plan is actually a revision of a plan which
lS already approved which was approved on --
ln June of 1990, as well as a plan for
Coventry Court approved in, on June of 1991.
The, the illustration of the property
Frederick County Board of Supervisors Meeting #14082-1 12/10/03
Page 155
1 lS on the screen to your left. It's located
2 at the, in the vicinity of Greenwood Road,
3 Senseny Road to the south and Valley Mill
4 Road to the north. Abrams Creek flows along
5 the, the northern portion of the property in
6 this vicinity and, as you can see, there's
7 quite a bit of residential development around
8 the site. Briarwood is located on the
9 eastern side of Greenwood Road, Brookland
10 Heights is located to the north, we have
11 Heritage Hills Subdivision to the west and
12 Frederick Heights and Senseny Heights are
13 located in it to the south.
14 The density of the development would
15 be reduced with the proposed master
16 development plan from what we already have
17 approved which is 264 lots to 240 lots. The
18 reV1Slon would also necessitate that the plan
19 conform with several new ordinance
20 requirements which were not in, in effect in
21 the early '90s when the plans were approved
22 such as protecting the, the creek with
23 repairing buffers, having site locks on both
24 sides of the roads, having curb and gutter,
25 streetlights, road efficiency buffers and
Frederick County Board of Supervisors Meeting #14082-1 12/10/03
Page 156
1 landscaping.
2 The original Abrams Pointe master
3 development plan proposed access to the site
4 via extensions of Williamson Road and
5 Farmington Boulevard as well as through a
6 connection across Abrams Creek to Hunter Run
7 Road. The elimination of this connection to
8 Hunter Run Road, which lS located right
9 here, is the primary change with the
10 proposed plan.
11 Also being changed is that the
12 Frederick County eastern road plan identifies
13 major collector roads crossing through the
14 property. The applicants believe that these
15 road plans are no longer necessary due to
16 recent improvements to Greenwood Road and
17 they also feel that the -- making these
18 improvements would not be desirable because
19 they may create cut-through traffic from
20 Valley Mill Road to Greenwood Road and also
21 to Senseny Road.
22 The Planning Commission actually
23 concurred with the applicant and as -- so
24 did VDOT representatives -- that that current
25 transportation plan for this area was not
Frederick County Board of Supervisors Meeting #14082-1 12/10/03
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1 practical. During their November 3rd meeting
2 the Planning Commission recommended approval
3 of this master development plan contingent on
4 several technical issues. Since then the
5 applicants have submitted in a revised master
6 development plan which has addressed all of
7 these technical issues.
8 The proposed master development plan
9 currently does meet all of the county's
10 ordinance requirements. Before making a
11 decision tonight, the Board should determine
12 if the Planning Commission's recommendation
13 to depart from the current transportation
14 plan for this area is appropriate. All
15 other concerns that the Board may have
16 should also be addressed by the applicant
17 during tonight's meeting.
18 The applicant is represented by Chuck
19 Maddox of G.W. Clifford & Associates. And
20 I'll be glad to answer any questions that
21 you have.
22 CHAIRMAN SHICKLE: Do I read
23 this correctly that staff recommended the
24 reduction of the road, reduced road
25 efficiency buffer?
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Page 158
1 MR. CAMP: I believe what we
2 recommended was that they provide the buffer,
3 the screening element of a reduced road,
4 road efficiency buffer which just requires a
5 berm and a row of trees which is different
6 than the, the full distance buffer of 80
7 feet which just...
8 CHAIRMAN SHICKLE: Staff...
9 MR. CAMP: .. .requires the
10 trees.
11 CHAIRMAN SHICKLE: Staff's
12 recommendation didn't have anything to do
13 with this, with the setback, it had to do
14 with what was on the buffer, the screening?
15 MR. CAMP: Yes.
16 CHAIRMAN SHICKLE: Okay.
17 Who, who could ask -- answer a question
18 about why, why not have the -- why have a
19 waiver for the road efficiency buffer?
20 MR. CAMP: Well, the, the
21 road, road efficiency buffer which has been
22 submitted currently does meet the ordinance
23 requirements. So, a waiver, the, the
24 Planning Commission approved the lots within
25 the active portion of the buffer during the
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Page 159
1 last meeting. However, this lS not
2 necessary.
3 CHAIRMAN SHICKLE: Well, the
4 citizen letters that refer to a -- how far,
5 80 foot, is that, is that what's across the
6 street, is that accurate?
7 MR. CAMP: The 80 feet is
8 for -- if you have a full road efficiency
9 buffer you have a 40 foot active and a 40
10 foot inactive. So, that would be the 80
11 foot buffer that I believe the, the citizen
12 was talking about. The reduced road
13 efficiency buffer has more -- has an
14 improved screening element.
15 CHAIRMAN SHICKLE: There's a
16 reduction of 30 feet in the active buffer,
17 is that what it amounts to?
18 MR. CAMP: Yes. It's just
19 the active portion. The inactive still
20 remains the same.
21
22
23
24
25
CHAIRMAN SHICKLE: Why, why
do that? Why have a reduction of 30 feet
ln the active buffer, why grant it?
DIRECTOR LAWRENCE: Mr.
Chairman, if I could help out Mr. Camp. One
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thing, I guess there's a confusion here.
The, the zoning ordinance allows for the
applicant to choose a couple different buffer
scenarlOS. So, technically he's not, he's
not seeking the Board approval for a, a
reduction in the, in the buffering, he's,
he's just electing to use a reduced buffer
which is an administrative exerClse.
CHAIRMAN SHICKLE:
So, what
lS the waiver?
DIRECTOR LAWRENCE: There lS
no walver. They have just elected to use
what's a reduced buffer. It, it got
misinterpreted through the, the staff report,
but there is no request for a walver.
CHAIRMAN SHICKLE: Other
questions of staff?
SUPERVISOR FORRESTER: I have
a question. Were the improvements for
Greenwood Road planned in '91 when this
application originally came for rezoning?
MR. CAMP: I, I can't answer
that question. Perhaps...
SUPERVISOR FORRESTER: Could
someone help...
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MR. CAMP:
.. .the Director
could.
SUPERVISOR FORRESTER:
. . . Mr .
Camp?
DIRECTOR LAWRENCE: I believe
when the property was rezoned in '91, I
don't believe there was any plans on the
road at that point to, to widen or improve
Greenwood.
SUPERVISOR FORRESTER:
There
was nothing then, okay.
CHAIRMAN SHICKLE: Any other
questions? So, once agaln, your, your
notations in here that by a majority vote
the Planning Commission recommends the
granting of a waiver to allow individual
lots to be clo -- located within the active
portion of the required road efficiency is
inaccurate?
DIRECTOR LAWRENCE:
They did
not need to grant the waiver. We can, we
can work that administratively. It was
misunderstood at the Planning Commission and
I apologize for -- it's, it's still in the
staff report, it should not be in there.
Frederick County Board of Supervisors Meeting #14082-1 12/10/03
Page 162
1 CHAIRMAN SHICKLE: It will be
2 difficult to convince the citizens.
3 SUPERVISOR FORRESTER: Mr.
4 Chair?
5 CHAIRMAN SHICKLE: Other
6 questions?
7 SUPERVISOR FORRESTER: Yes,
8 Mr. Chair.
9 CHAIRMAN SHICKLE: Supervisor
10 Forrester.
11 SUPERVISOR FORRESTER: I have
12 a question I guess for VDOT. I just wanted
13 to. . .
14 CHAIRMAN SHICKLE: Engineer
15 Copp, could you come forward? I'm sorry, I
16 should have called on your capable...
17 SUPERVISOR FORRESTER: I...
18 ENGINEER COPP: We're okay.
19 Good evenlng.
20 SUPERVISOR FORRESTER: Hi.
21 The staff had comment in here that, that the
22 Board tonight -- that the remaining lssue
23 for us is whether or not we think the
24 recommendation to depart from the Frederick
25 County eastern road plan which calls at
Frederick County Board of Supervisors Meeting #14082-1 12/10/03
Page 163
1 present for the bridge to Hunters Run Road
2 and the two major collector roads, if we
3 should deviate from that, and I'd like
4 VDOT's -- I'd like to hear from you what you
5 think about that.
6 ENGINEER COPP: The plan
7 involved a large bridge through here.
8 SUPERVISOR FORRESTER: Right.
9 ENGINEER COPP: On the
10 original plan the development around the area
11 and all the development was taking place up
12 here and that direction next to Route 7 up
13 there really precludes, I mean, it would be
14 kind of a wasted effort trying to push
15 through there. The Green Road Greenwood
16 Road being improved, that would be the
17 better course of action to take and that's
18 why we agreed to eliminate that.
19 SUPERVISOR FORRESTER: Okay.
20 Okay, thank you.
21 ENGINEER COPP: Sure.
22 CHAIRMAN SHICKLE: Any other
23 questions of VDOT? Can staff come back up
24 one more time, Mr. Camp?
25 MR. CAMP: Yes, Slr.
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Page 164
1 CHAIRMAN SHICKLE: Back, back
2 to the road efficiency buffer again. Is it
3 the applicant and the developer's option to
4 pick amongst the choices or the Board would
5 have the right to say I like one, you picked
6 the wrong one?
7 MR. CAMP: They have the
8 option to choose which, whichever of the
9 two. . .
10 CHAIRMAN SHICKLE: A vested
11 right?
12 MR. CAMP: .. .that they,
13 they, they choose. There are options in the
14 ordinance so they, they can do either.
15 CHAIRMAN SHICKLE: Could the
16 Board disagree on a master plan?
17 ASS'T. TIERNEY: The Board
18 can strongly encourage one.
19 CHAIRMAN SHICKLE: Does the
20 development on the other side of the road
21 make use of a different kind of buffer than
22 80 foot act -- 40 foot active, 40 foot
23 inactive?
24 DIRECTOR LAWRENCE: The, the
25 Briarwood development actually alternates
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between the full distance and reduced. So,
they -- so, they've got different distances.
What, what's being requested...
CHAIRMAN SHICKLE: Can you
show me on the map where that is?
MR. CAMP: Here's the
Briarwood Subdivision here. So, their road
efficiency buffer is along the front here.
CHAIRMAN SHICKLE: Is what?
What lS it?
MR. CAMP:
It, it varles,
bu t . . .
DIRECTOR LAWRENCE: It
varles. . .
MR. CAMP: .. .like I said,
ln some locations it's the full 80 feet, in
other locations it goes down to the 50 feet
reduced buffer.
DIRECTOR LAWRENCE: The, the
best visual -- and that, that was done under
an old buffer requirement, but the best
visual is when you're driving down Greenwood
there's some areas right in the Briarwood
development that have four or five rows of
trees and there's other areas that only have
Frederick County Board of Supervisors Meeting #14082-1 12/10/03
Page 166
1 three rows of trees.
2 CHAIRMAN SHICKLE: Well,
3 you're exactly right. When you drive down
4 Greenwood Road there are some attractive
5 appearances from Greenwood Road and there are
6 some very unattractive appearances. So,
7 that's exactly what I'm getting at.
8 DIRECTOR LAWRENCE: And...
9 CHAIRMAN SHICKLE: I don't
10 know what it lS that is in this master plan.
11 DIRECTOR LAWRENCE: I, I
12 think -- I guess there's a misunderstanding.
13 What's in this master plan lS they would,
14 they would be encroaching the active portion.
15 So, they would be still be doing the
16 necessary landscaping, they would still be
17 providing the necessary inactive buffers
18 along the road. They would be able to
19 encroach the active portion which is
20 basically maybe put some kind of a shed or
21 something of that nature into the buffer,
22 but when you're driving down Greenwood you're
23 still going to have the same landscaping
24 that, that's required.
25 CHAIRMAN SHICKLE: The
Frederick County Board of Supervisors Meeting #14082-1 12/10/03
Page 167
1 screenlng requirements that I'm not
2 knowledgeable of firsthand, are they on the
3 active or inactive?
4 DIRECTOR LAWRENCE: Inactive.
5 The inactive portion. They're going to
6 be . . .
7 CHAIRMAN SHICKLE: So,
8 they're at least 40 feet off the road, the
9 screening?
10 DIRECTOR LAWRENCE: Within
11 the 40 feet off the road, correct.
12 CHAIRMAN SHICKLE: And they
13 are visual screens?
14 DIRECTOR LAWRENCE: Yes. It's
15 gOlng to be very similar to what you see ln
16 Briarwood with, with the three rows of pine
17 trees.
18 CHAIRMAN SHICKLE: There was
19 also a concern raised somewhere in here on
20 the drainage and I see where the answer that
21 came back from the applicant was to houses
22 on Ridge Road, but the two, the one house is
23 actually adjacent to it on Greenwood Road.
24 Did it not need answering?
25 SUPERVISOR FORRESTER: Excuse
Frederick County Board of Supervisors Meeting #14082-1 12/10/03
Page 168
1 me, Mr. Chair?
2 MR. CAMP: I'm sorry, I...
3 SUPERVISOR FORRESTER: Would
4 you repeat that question again?
5 CHAIRMAN SHICKLE: Item 7,
6 Drainage, period. Concerns from existing
7 residents on Ridge Road in the Frederick
8 Heights Subdivision. I believe does not
9 Vance live along Greenwood? So, how can,
10 how can -- was that addressed?
11 MR. CAMP: The applicant's,
12 during the, the Planning Commission meeting a
13 concern was raised about the potential
14 drainage problems that could be associated
15 with those houses and -- but it was
16 basically concurred that a note would be put
17 on the plan so everybody's identified that,
18 you know, special consideration needs to be
19 given, you know, towards evaluating the, the
20 storm water management plan for, for that
21 area and that storm water runoff would not
22 affect these houses.
23 CHAIRMAN SHICKLE: But the
24 note has to do with people who live on Ridge
25 Road, not Greenwood, particularly the Vance
Frederick County Board of Supervisors Meeting #14082-1 12/10/03
Page 169
1 lot. Mr. Maddox, are you gOlng to help?
2 MR. MADDOX: Mr. Chairman, if
3 I could, you're exactly correct. There was
4 testimony in the public hearing about, let
5 me see...
6 CHAIRMAN SHICKLE: You have a
7 couple of really low lots there as you go
8 toward the church.
9 MR. MADDOX: Okay. I think
10 we have the master plan. You have the
11 master plan in front of you, but there's a
12 low lot, there's a lot that falls off to a
13 swale that generally follows this property
14 line, but does towards the stream actually
15 cross over to an adjacent neighbor. That--
16 we evaluated it after the meeting and, and
17 created a plan to handle that.
18 That was not a really significant
19 lssue. The significant issue that was
20 brought up was Ridge Road and we have added
21 notes to the plans to significantly change,
22 alter the drainage flow towards Ridge Road
23 away from Ridge Road as a part of the final
24 design plans. Both of the comments that
25 were made at the public hearing are noted
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and we will deal with them, we will mitigate
them.
CHAIRMAN SHICKLE: Well, ln
particular my, my interest lS in the Vance
lot because that's the letter before me and
the note that you'll put on the master plan
doesn't say anything about it, but you're
telling me you're going to deal with it, I
gue s s . . .
MR. MADDOX: We will, we
will add that note to the master plan prior
to, you know, the staff -- when the staff
signs it it's actually -- becomes the final
master development plan and we will add that
note of concern. We have looked at the
topography, we've looked at the plans and it
i s not...
CHAIRMAN SHICKLE: Is
Ashby...
MR. MADDOX:
...a difficult
lssue to handle.
CHAIRMAN SHICKLE: Is Ashby
the next one down towards the church or do
you know?
MR. MADDOX:
I don't know.
Frederick County Board of Supervisors Meeting #14082-1 12/10/03
Page 171
1 Vann I think's right here.
2 CHAIRMAN SHICKLE: Vance lS
3 identified.
4 MR. MADDOX: Right.
5 CHAIRMAN SHICKLE: Ashby I
6 assume lS next to it. They're, they're
7 pretty low in there.
8 MR. MADDOX: And it -- we're
9 not affecting that one at all, the Ashby...
10 CHAIRMAN SHICKLE: Well, my
11 memory of, of that particular landscape as,
12 as a kid around that church, was that those
13 lots lay low in there and I'd be concerned
14 if I were them, too.
15 MR. MADDOX: The, the lots
16 do go down to the stream, there's no doubt
17 about it, but the, the drainage, the
18 drainage on this site, of course, this
19 interchange was -- intersection was planned
20 when Greenwood Road was upgraded. We worked
21 closely with VDOT to create that
22 intersection. The intersection's basically
23 already created, built for extension and we
24 have a storm sewer system along Abrams
25 Pointe Boulevard which carries the water
Frederick County Board of Supervisors Meeting #14082-1 12/10/03
Page 1 72
1 that's generated along that road down to the
2 stream. The only drainage that's going to
3 come off this site will be sheet flow off
4 the rear of the lots that front on Abrams
5 Pointe and that we intend to handle on site.
6 CHAIRMAN SHICKLE: And
7 Director Strawsnyder is...
8 MR. MADDOX: And I'll make
9 that note on the plan.
10 CHAIRMAN SHICKLE: And
11 Director Strawsnyder is going to make you
12 have all that in place before you pull a
13 building permit.
14 MR. MADDOX: The, the road'll
15 be there or the, the ordinance is pretty
16 clear after tonight's meeting.
17 CHAIRMAN SHICKLE: Could you
18 explain to me, usually doing a master plan I
19 don't think you, you deal with stoplights,
20 but you mention one in here.
21 MR. MADDOX: Yeah, the -- it
22 was a comment that VDOT had that we agreed
23 to and that is if a stoplight ever becomes
24 necessary...
25 CHAIRMAN SHICKLE: At
Frederick County Board of Supervisors Meeting #14082-1 12/10/03
Page 1 73
1 rezonlng that was done?
2 MR. MADDOX: No. This was
3 rezoned well before the RP Zoning. It was
4 rezoned ln -- was zoned Residential ln
5 the'70s.
6 CHAIRMAN SHICKLE: Right.
7 MR. MADDOX: It became RP ln
8 '83. We got this master plan approved in
9 '90 and '95. Actually, this parcel was --
10 didn't belong to the present owners ln --
II until after '95 or about '95 when it was
12 master planned. And what we're doing is
13 consolidating both master plans together.
14 But the stoplight issue came up and we have
15 agreed to participate in accordance with the
16 state policy on a stoplight should one be
17 necessary as determined by VDOT in their
18 standard land use permit procedure.
19 CHAIRMAN SHICKLE: So, did
20 that end up on the master plan, then?
21 MR. MADDOX: Yes.
22 CHAIRMAN SHICKLE: The
23 stoplight agreement?
24 MR. MADDOX: The statement
2 5 tha t. . .
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CHAIRMAN SHICKLE: Stoplight.
MR. MADDOX: .. .that we would
enter into a stoplight agreement.
CHAIRMAN SHICKLE: Where do I
find it?
SUPERVISOR TYLER: Construction
Traffic Note, lS that right? No, that's not
it. I saw it somewhere.
It's on the
MR. MADDOX:
Greenwood Road entrance note.
SUPERVISOR TYLER: That's it.
MR. MADDOX: It says the...
SUPERVISOR SMITH: Last
sentence.
MR. MADDOX: A signalization
agreement with VDOT shall be executed as
part of a land use permit required for VDOT.
CHAIRMAN SHICKLE: So, you
haven't done it, yet?
MR. MADDOX: No. That
wouldn't happen until plans are approved
prior to construction beginning.
CHAIRMAN SHICKLE: What most
likely will be the nature of that agreement?
MR. MADDOX: It's a standard
Frederick County Board of Supervisors Meeting #14082-1 12/10/03
Page 175
1 agreement that's...
2 CHAIRMAN SHICKLE: You pay?
3 MR. MADDOX: Some percentage.
4 I forget the percentage, but Mr. Copp I
5 think can...
6 ENGINEER COPP: They would
7 probably pay 50 percent of the cost of the
8 traffic light. That's a standard agreement
9 that we use not only for subdivisions, but
10 for commercial entrances and so forth. In
11 some cases it's 100 percent cost, in other
12 cases it's 50 percent cost and I believe ln
13 this case it'll be a 50 percent cost.
14 So, they would enter into agreement.
15 Once we approve their plans they would sign
16 off on that agreement with the condition of
17 approval of the plans to proceed. As far as
18 VDOT's concerned the agreement would state
19 that they, within five years or prior to
20 that time we could do a traffic analysis and
21 if a traffic light lS warranted then we
22 would install the traffic light and charge
23 the developer and he would actually have to
24 bond that amount for, if in this case it's50
25 percent. If...
Frederick County Board of Supervisors Meeting #14082-1 12/10/03
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1 CHAIRMAN SHICKLE: You, you
2 got to go a little slower there.
3 ENGINEER COPP: Okay, I'm
4 sorry.
5 CHAIRMAN SHICKLE: He, he has
6 not built, you don't do anything, but the
7 agreement calls for within five years if you
8 determine that a, that a light is necessary
9 or. . .
10 ENGINEER COPP: Once he
11 starts his building...
12 CHAIRMAN SHICKLE: Mm-hmm.
13 (Indicating affirmatively.)
14 ENGINEER COPP: . ..within
15 five -- once he signs that agreement that
16 within five years we would go in and run a
17 -- any time in that five years that we
18 choose we can run -- go ln and run a study.
19 If that intersection meets the warrants for
20 a traffic light, then he has to -- he's
21 already bonded with us at that point in
22 time. So, he has to...
23 CHAIRMAN SHICKLE: And he's
24 posted the bond when, at the time of the
25 agreement?
Frederick County Board of Supervisors Meeting #14082-1 12/10/03
Page 1 77
1 ENGINEER COPP: At the time
2 of the agreement before we approve his plans
3 to proceed with construction. Mr. Chairman,
4 after -- at five years we have an option ln
5 there that we can extend -- VDOT has the
6 option ln there that he signs that we can
7 extend it for any additional five years,
8 that same agreement.
9 CHAIRMAN SHICKLE: In, ln
10 your oplnlon will a stoplight be warranted
11 there?
12 ENGINEER COPP: It could.
13 CHAIRMAN SHICKLE: It'll be
14 completely driven by, by traffic count?
15 ENGINEER COPP: No. There
16 lS like eight warrants that gets into a
17 traffic light need. Some of the warrants
18 are volume, some of the warrants are school
19 bus traffic, some of the warrants are
20 pedestrian traffic, some of the warrants lS
21 aCCl accident frequency. It does not
22 have to meet all those warrants, but there's
23 varlOUS warrants. So, it's not necessarily
24 just, just volume.
25 CHAIRMAN SHICKLE: No guess
Frederick County Board of Supervisors Meeting #14082-1 12/10/03
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1 as to how it might turn out?
2 ENGINEER COPP: Sir?
3 CHAIRMAN SHICKLE: No guess
4 as to how it might turn out?
5 ENGINEER COPP: Not from me.
6 SUPERVISOR TYLER: Mr.
7 Chairman?
8 CHAIRMAN SHICKLE: Supervisor
9 Tyler.
10 SUPERVISOR TYLER: I have a
11 question before he goes too far. Fifty
12 percent by the developer, the other 50
13 percent lS VDOT?
14 ENGINEER COPP: Mm-hmm.
15 (Indicating affirmatively.)
16 SUPERVISOR TYLER: Okay,
17 thank you.
18 CHAIRMAN SHICKLE: Could have
19 been, should have been maybe 50 percent to
20 the guy across the road?
21 ENGINEER COPP: Mm-hmm.
22 (Indicating affirmatively.)
23 CHAIRMAN SHICKLE: If we'd of
24 known?
25 ENGINEER COPP: In hindsight?
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1 SUPERVISOR TYLER: Mm-hmm.
2 (Indicating affirmatively.)
3 MR. COPP: Yes, Slr.
4 CHAIRMAN SHICKLE: Any other
5 questions of VDOT? Thank you, sir.
6 ENGINEER COPP: Thank you.
7 CHAIRMAN SHICKLE: I believe
8 that lS Red Bud.
9 SUPERVISOR FORRESTER: That's
10 mlne. I move for approval with the
11 conditions that Mr. Maddox has stipulated
12 were on the master development plan.
13 CHAIRMAN SHICKLE: We have a
14 motion to approve the master development plan
15 as recommended?
16 SUPERVISOR FORRESTER: Yes.
17 CHAIRMAN SHICKLE: Is there a
18 second?
19 SUPERVISOR REYES: Second.
20 CHAIRMAN SHICKLE: Second by
21 Supervisor Reyes. Any discussion? All
22 those in favor aye?
23 (Chorus of Ayes.)
24 CHAIRMAN SHICKLE: Opposed
25 no? The motion carrles. We are down to
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Board of Supervisors comments. Any Board
members have comments?
SUPERVISOR DOUGLAS:
I would
like to.
CHAIRMAN SHICKLE: Supervisor
Douglas.
SUPERVISOR DOUGLAS: I would
like to thank each and every county employee
that I have worked with and asked for help
and information because everyone has been
just so pleasant and they have just gone
above and beyond the calls that I have asked
for. They have been so helpful and the
information is provided just immediately.
And I want to thank all the people
ln Back Creek District and in the county
that have called me and asked for help and
have made me aware of problems that needed
attention. And I have enjoyed my years on
the Board and I thank everyone for the
opportunity to serve. Thank you.
CHAIRMAN SHICKLE: Any other
Board member comments?
SUPERVISOR REYES: Mr.
Chairman?
Frederick County Board of Supervisors Meeting #14082-1 12/10/03
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1 CHAIRMAN SHICKLE: Supervisor
2 Reyes?
3 SUPERVISOR REYES: I'd like
4 to echo a few of those comments, too, about
5 the, the county staff and the county
6 employees, that I believe we have a group of
7 people that we can be terribly proud of and
8 it was an honor and privilege for me to work
9 with them, they've been most cooperative.
10 And I really have to thank
11 Administrator Riley and Assistant
12 Administrator Tierney and the other staff,
13 the planning staff. And we all know that
14 Administrator Riley runs the county, but
15 there's one person in that, his office that
16 keeps us glued together and that's Carol
17 Bayliss and I'd like to offer a round of
18 applause for Carol.
19 SUPERVISOR TYLER: Yes.
20 CHAIRMAN SHICKLE: Other
21 comments?
22 SUPERVISOR TYLER: Mr.
23 Chairman?
24 CHAIRMAN SHICKLE: Supervisor
25 Tyler.
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1 SUPERVISOR TYLER: I know
2 we've already wished everybody happy
3 holidays, but I wanted to say thank you to
4 Margaret and to Sid very much for your
5 service and, Bob Sager, you don't know how
6 much I'll mlSS you. I tell you that all
7 the time, but my hat's off to you and I
8 look forward to the other four coming back
9 here and we'll have another good year. But
10 thank you all for your service very much, I
11 appreciate it and the friendships we've made.
12 CHAIRMAN SHICKLE: Other
13 comments?
14 ADM. RILEY: Mr. Chairman,
15 just one quick point of information for the
16 public's interest and it's in your Board
17 Agenda. This office is experiencing with
18 outsourcing the minute function and
19 contracting with a firm, which is currently
20 here this evening, transcribing the minutes
21 of the Board meeting. We will reevaluate
22 that at the end of January as to the
23 effectiveness of it with a byproduct back to
24 the Board for its perusal, but we think that
25 outsourcing the minutes will make the County
Frederick County Board of Supervisors Meeting #14082-1 12/10/03
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1 Administrator's Office much more productive,
2 but the jury lS still out on that. And I
3 just want to let the public know that's why
4 they're here this evening and will be here
5 in January.
6 CHAIRMAN SHICKLE: You have
7 increased our reading time. Supervisor
8 Forrester, did you want to say something?
9 SUPERVISOR FORRESTER: Yes.
10 I just also wanted to reit -- reiterate the
11 remarks of the other Board members. I've
12 enjoyed working with Supervisor Douglas,
13 Supervisor Sager, Supervisor Reyes and I have
14 no doubt that this community lS better for
15 you all having contributed your time and
16 efforts and I thank you.
17 CHAIRMAN SHICKLE: Anyone
18 else? The Chair will entertain a motion to
19 adjourn?
20 SUPERVISOR SMITH: So moved.
21 SUPERVISOR TYLER: Second
22 CHAIRMAN SHICKLE: We have a
23 motion by Supervisor Smith, seconded by
24 Supervisor Tyler. All those in favor aye?
25 (Chorus of Ayes.)
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1 CHAIRMAN SHICKLE: Opposed
2 no? Meeting adjourned.
3 (WHEREUPON, the Board of Supervisors Regular
4 Meeting was concluded at 9:52 p.m.)
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1 CAPTION
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3 The Meeting in the matter, on the
4 date, and at the time and place set out on
5 the title page hereof.
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8 taken by the reporter and that the same be
9 reduced to typewritten form.
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