HomeMy WebLinkAboutJune 09, 2004 Regular Meeting
552
A Regular Meeting of the Frederick County Board of Supervisors was held on Wednesday,
June 9, 2004, at 7:15 P.M., in the Board of Supervisors' Meeting Room, County Administration
Building, 107 North Kent Street, Winchester, VA.
PRESENT
Chairman Richard C. Shickle; Vice Chairman Barbara E. Van Osten; Gary W. Dove; Bill
M. Ewing; Gina A. Forrester; W. Harrington Smith, Jr.; and Lynda J. Tyler.
CALL TO ORDER
Chairman Shickle called the meeting to order.
INVOCATION
Pastor Ruth Crum Stotler, from the Church of the Good Shepherd, delivered the invocation.
PLEDGE OF ALLEGIANCE
Supervisor Smith led the Pledge of Allegiance.
ADOPTION OF AGENDA - APPROVED
Administrator Riley advised that he had no additional items for the agenda.
Upon a motion made by Supervisor Smith, seconded by Vice-Chairman Van Osten, the
Board adopted the agenda by the following recorded vote:
Richard C. Shickle - Aye
Barbara E. Van Osten - Aye
Gary W. Dove - Aye
Bill M. Ewing - Aye
Gina A. Forrester - Aye
W. Harrington Smith, Jr. - Aye
Lynda J. Tyler - Aye
CONSENT AGENDA - APPROVED
Administrator Riley suggested the following tab for approval under the Consent Agenda:
1. Road Resolution for Autumn Glen, Section I - Tab M.
Upon a motion made by Supervisor Forrester, seconded by Supervisor Ewing, the Consent
Agenda was approved by the following recorded vote:
Richard C. Shickle - Aye
Barbara E. Van Osten - Aye
Gary W. Dove - Aye
Bill M. Ewing - Aye
Gina A. Forrester - Aye
W. Harrington Smith, Jr. - Aye
Lynda J. Tyler - Aye
CITIZEN COMMENTS
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Tim Stafford, Red Bud District and owner of V alley Mill Farm, appeared before the Board
to speak about the Fieldstone Master Development Plan. He reviewed the approval history ofthis
proj ect. He then stated that he was concerned about the traffic impact ofthis proposed development,
citing the inadequacy of Valley Mill Road to handle current traffic let alone the additional traffic
from this proposed development. He advised that he did not believe the Planning Commission
adequately addressed this issue when it approved the plan. He cited two possible traffic options for
the Board's consideration, which might address these concerns:
1. He would donate an 80-footright-of-way for anew road, to be located on the edge of his
property, ifthe State would vacate the existing 40- foot right-of-way that runs through his
farm.
2. He has spoken with VDOT about prohibiting right turns on to Valley Mill Road and
prohibiting left turns on to Channing Drive.
He concluded by asking the Board to preserve his way oflife.
Nancy Johnson, Gainesboro District, appeared before the Board to speak about the WWW
properties and WMC II Master Development Plans. She advised that her property was sandwiched
between the proposed developments. She felt that the best use of her property would be commercial;
however, she believed that the proposed closure of Echo Lane would impact the commercial value
of her property. She asked the Board to require the proposed master development plan to keep the
Echo Lane connection to Route 50 opened or allow her property to have commercial access to
Botanical Drive.
BOARD OF SUPERVISORS COMMENTS
There were no Board of Supervisor comments.
MINUTES-APPROVED
The minutes from the May 26, 2004 Regular Meeting were presented. It was noted that
under the Finance Committee Report Supervisor Forrester's and Supervisor Tyler's votes regarding
the Public Works Department's request to purchase a vehicle had been reversed. This correction was
made and upon a motion by Supervisor Tyler, seconded by Supervisor Forrester, the minutes were
approved as corrected by the following recorded vote:
Richard C. Shickle - Aye
Barbara E. Van Osten - Aye
Gary W. Dove - Aye
Bill M. Ewing - Aye
Gina A. Forrester - Aye
W. Harrington Smith, Jr. - Aye
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554
Lynda J. Tyler - Aye
The minutes from the June 1,2004 Worksession with the School Board were presented. It
was noted that an amendment to the minutes had been reviewed by the Board prior to the meeting
and upon a motion by Supervisor Tyler, seconded by Supervisor Forrester, the minutes were
approved as amended by the following recorded vote:
Richard C. Shickle - Aye
Barbara E. Van Osten - Aye
Gary W. Dove - Aye
Bill M. Ewing - Aye
Gina A. Forrester - Aye
W. Harrington Smith, Jr. - Aye
Lynda J. Tyler - Aye
COUNTY OFFICIALS
COMMITTEE APPOINTMENTS
REAPPOINTMENT OF BASSAM T. SABBAGH AS A PRIVATE PROVIDER
MEMBER AND APPOINTMENT OF O. DOUGLAS CUMBIA. II AS PARENT
REPRESENTATIVE. TO FILL THE VACANT SEAT VACATED BY SUSAN
LOCKRIDGE. TO THE COMMUNITY POLICY AND MANAGEMENT -
APPROVED
Upon a motion by Supervisor Forrester, seconded by Supervisor Smith, the Board
reappointed Bassam T. Sabbagh, as a private provider, and appointed O. Douglas Cumbia, II, as a
parent representative, to the Community Policy and Management Team. These are two year
appointments, said terms to expire June 30, 2006.
The above motion was approved by the following recorded vote:
Richard C. Shickle - Aye
Barbara E. Van Osten - Aye
Gary W. Dove - Aye
Bill M. Ewing - Aye
Gina A. Forrester - Aye
W. Harrington Smith, Jr. - Aye
Lynda J. Tyler - Aye
SCHEDULE DATE FOR JOINT WORKSESSION BETWEEN BOARD OF
SUPERVISORS. PLANNING COMMISSION. AND THE COMPREHENSIVE PLAN
SUBCOMMITTEE
The Board scheduled a joint work session with the Board, the Planning Commission, and the
Comprehensive Plan Subcommittee for Monday, July 12, 2004 at 12:00 P.M.
REOUEST FROM PUBLIC WORKS DIRECTOR FOR PURCHASE OF NEW
TRUCK - APPROVED
Supervisor Ewing advised that he would like to see this request returned to the Department
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Head and then be sent through the proper channels, beginning with the Finance Committee.
Administrator Riley advised that this request came forward last month as part ofthe Finance
Committee report with a recommendation of approval; however, the Board denied the request as the
proposed funds were to come from stormwater improvements. The Department has found that
revenues in land disturbance permits have exceeded estimates; therefore, these monies would be used
to fund the request.
Upon a motion by Supervisor Tyler, seconded by Supervisor Forrester, the Board approved
the request for a supplemental appropriation in the amount of$22,000 to be made to Public Works'
Fiscal Year 2003-2004 Budget for the purchase of a new 4 x 4 extended cab pickup to replace the
1995 Chevrolet S-lO.
The above motion was approved by the following recorded vote:
Richard C. Shickle - Aye
Barbara E. Van Osten - Aye
Gary W. Dove - Aye
Bill M. Ewing - Nay
Gina A. Forrester - Aye
W. Harrington Smith, Jr. - Aye
Lynda J. Tyler - Aye
DISCUSSION OF PROPOSALS FOR V ACO'S 2005 LEGISLATIVE PROGRAM
Administrator Riley advised that this was an information item, which was being presented
to give the Board an opportunity to think about proposals for the 2005 V ACo Legislative Program.
He asked that the Board submit items to him for consideration at the July 14, 2004 meeting.
Supervisor Tyler advised that she would prefer to have individual board member priorities
circulated prior to the Board meeting.
Chairman Shickle asked the Board to submit their legislative priority lists to Administrator
Riley by July 6, 2004 for inclusion in the July 14,2004 meeting agenda packet.
PUBLIC HEARING
PUBLIC HEARING - TAX EXEMPT STATUS REQUEST FROM YOUNG LIFE-
NORTHERN SHENANDOAH VALLEY. A NON-PROFIT. NON-
DENOMINATIONAL CHRISTIAN VIRGINIA ORGANIZATION. TO BE
DESIGNATED AS A CHARITABLE AND BENEVOLENT ORGANIZATION
WITHIN THE CONTEXT OF & 6 (A) OF ARTICLE X OF THE CONSTITUTION
OF VIRGINIA - (RESOLUTION #067-04) - APPROVED
Administrator Riley advised that this was a request pursuant to Virginia Code section 58.1-
3650 et. seq. for tax exempt status for Young Life-Northern Shenandoah Valley. He advised that
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after discussions with the Commissioner of Revenue, it was determined that this was the most
appropriate course of action. He concluded by saying that it was appropriate for the Board to take
up this request.
Paul Burkholder appeared before the Board on behalf ofY oung Life-Northern Shenandoah
Valley.
Chairman Shickle asked Mr. Burkholder if his organization owned any real or personal
property or intended to acquire such in the future.
Mr. Burkholder responded no and advised that the organization had no intention of acquiring
any real or personal property in the future.
Chairman Shickle convened the public hearing.
There were no public comments.
Chairman Shickle closed the public hearing.
Upon a motion by Vice-Chairman Van Osten, seconded by Supervisor Smith, the Board
approved the Resolution Granting Tax Exempt Status Pursuant to Article X, Section 6(A)(6) of the
Constitution of Virginia Young Life-Northern Shenandoah Valley:
WHEREAS, Young Life is a national non-profit organization and a recognized 501(c)(3)
organization; and
WHEREAS, Young Life-Northern Shenandoah Valley, a part of the parent non-profit
organization, has requested the Board of Supervisors of the County of Frederick to grant a tax
exemption pursuant to Article X, Section 6(A)(6) of the Constitution of Virginia ; and
WHEREAS, neither Young Life nor Young Life-Shenandoah Valley own real and/or
personal property within the County of Frederick; and
WHEREAS, Young Life-Northern Shenandoah Valley has requested a license exemption
to sell fireworks at a stand in the County as a fund-raiser, which said license has a value of$500; and
WHEREAS, the Board of Supervisors examined and considered the provisions of Section
58.1-3651(B) of the Code of Virginia, 1950.
NOW, THEREFORE, BE IT RESOLVED, that the Board of Supervisors ofthe County
of Frederick, Virginia, hereby grant to Young Life-Northern Shenandoah Valley, a real estate and
personal property tax exemption, pursuant to Article X, Section 6(A)(6) of the Constitution of
Virginia provided:
1. Any property acquired by the organization and used in accordance with the purpose for
which the organization is classified and designated pursuant to the Code of Virginia,
1950, Section 58.1-3651 (A).
2. That the organization currently, and continuously, satisfactorily meets the provisions of
Section 58.1-3651 (B).
BE IT FURTHER RESOLVED, by the Board of Supervisors ofthe County of Frederick,
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Virginia, that Young Life-Northern Shenandoah Valley's request for a license exemption is hereby
granted.
The foregoing was approved this ~ day of June, 2004 by the following recorded vote:
Richard C. Shickle - Aye
Barbara E. Van Osten - Aye
Gary W. Dove - Aye
Bill M. Ewing - Aye
Gina A. Forrester - Aye
W. Harrington Smith, Jr. - Aye
Lynda J. Tyler - Aye
PUBLIC HEARING - PURSUANT TO SECTION 33.1-62 ET. SEO. OF THE CODE
OF VIRGINIA. 1950. PUBLIC INPUT WILL BE RECEIVED ON THE PROPOSED
NOMINATION OF REDBUD ROAD (STATE ROUTE 661). FROM ROUTE 11
RUNNING SOUTHEASTERLY TO WOODS MILL ROAD (STATE ROUTE 660).
FOR DESIGNATION AS A VIRGINIA BYWAY - (RESOLUTION #061-04) _
APPROVED
Administrator Riley advised that the resolution before the Board was pursuant to Virginia
Code section 33.1 and tonight's public hearing was to receive public input regarding the proposed
designation of Red Bud Road as a Virginia Byway.
Chairman Shickle convened the public hearing.
There were no public comments.
Chairman Shickle closed the public hearing.
Upon a motion by Supervisor Tyler, seconded by Vice-Chairman Van Osten, the Board
approved the Resolution Nominating Redbud Road for Virginia Byway Designation:
WHEREAS, The Commonwealth Transportation Board is empowered to designate an
existing road within the Commonwealth as a "Virginia Byway"; and
WHEREAS, the Frederick County Board of Supervisors has examined the Red Bud Road
(State Route 661) from Route 11 running southeasterly to Woods Mill Road (State Route 660); and
WHEREAS, upon consideration of the scenic landscape, historic civil war battlefields and
environmentally significant nature of the area which Redbud Road traverses, providing an
opportunity for recreational and cultural enrichment.
IT IS, ACCORDINGLY, RESOLVED, that the Frederick County Board of Supervisors
does hereby request the Virginia Department of Transportation take all necessary actions to effect
a designation of Redbud Road as a Virginia Byway.
Supervisor Dove asked about the benefits ofthis proposed designation.
Supervisor Tyler responded that the designation offers us an opportunity to access federal
grant money for walking trails, safety improvements, etc. She reminded the Board that there was
a Civil War battlefield along this route as well.
Supervisor Dove stated that he still had concerns and he would like to hear any concerns the
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residents of this road might have.
Supervisor Tyler stated that she would dare say that there are few areas in the County that
are as historic, cultural, etc. as this area.
Supervisor Ewing asked ifthis proposed designation would affect the ability to improve this
road, should conditions merit widening, etc.
Supervisor Tyler responded that the road could be improved at any time.
VDOT Resident Engineer Jerry Copp introduced VDOT representative Phil Baker and
Department of Conservation and Recreation representative Lynn Crump, who were present to answer
questions regarding this proposal.
Mr. Baker advised that once a route is designated as a byway, this designation carries no
restrictions. He stated that the road could be improved for safety reasons and it could also be
widened.
Ms. Crump stated that the only restrictions would occur through county planning and zoning
regulations.
Supervisor Dove asked if this designation would result in more traffic.
Mr. Baker responded that he has found the designation increases traffic by 0 to 2%. He then
reviewed the possible grant opportunities afforded to the County should this designation be
approved.
Supervisor Dove asked ifthere were any negatives to the byways designation.
Mr. Baker responded no. He went on to say that the byways program is set up for
recognizing roads for certain qualities.
Ms. Crump stated that the road would be included in the Virginia Outdoor Plan. She went
on to say that DCR would review every impact to the road and comment on each and make a
recommendation.
Supervisor Dove advised that the County was interested in pursuing an eastern bypass, which
would enter this proposed area. He asked if the Department of Conservation and Recreation would
have to review the plans for the proposed bypass.
Ms. Crump responded that the plans would be reviewed through the regular process, but not
as part of the byway program.
Supervisor Ewing asked if the designation could be removed once it was approved.
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Mr. Baker responded yes, but removal would have to go through the Commonwealth
Transportation Board.
Chairman Shickle asked why federal grant funds would be appropriated for this program if
a community could do anything to or around the road, after its designation.
Mr. Baker responded that the funds were for eligible projects, which would help enhance the
road.
Ms. Crump advised that the roads must be reviewed periodically to see ifthey still meet the
scenic byways criteria.
There being no further discussion, the motion to approve the Resolution Nominating Red
Bud Road for Virginia Byway Designation was approved by the following recorded vote:
Richard C. Shickle - Nay
Barbara E. Van Osten - Aye
Gary W. Dove - Aye
Bill M. Ewing - Nay
Gina A. Forrester - Aye
W. Harrington Smith, Ir. - Aye
Lynda 1. Tyler - Aye
PUBLIC HEARING - PROPOSED AMENDMENT TO THE 2004-2005 FISCAL
YEAR BUDGET - PURSUANT TO SECTION 15.2-2507 OF THE CODE OF
VIRGINIA. 1950. AS AMENDED. THE BOARD OF SUPERVISORS WILL HOLD
A PUBLIC HEARING TO AMEND THE FISCAL YEAR 2004-2005 BUDGET TO
REFLECT: SCHOOL OPERATING FUND IN THE AMOUNT OF $2.188.846.
THESE FUNDS REPRESENT ADDITIONAL STATE FUNDS RECEIVED AFTER
THE ADOPTION OF THE FISCAL YEAR 2004-2005 BUDGET - (RESOLUTION
#066-04) - APPROVED
Administrator Riley advised that the Board is required to hold a public hearing to amend the
Fiscal Year 2005 budget to reflect additional funds received from the State. He stated that Dr.
William Dean, Superintendent of Frederick County Public Schools, was present and would like to
address the Board regarding this matter.
Superintendent Dean began by advising that this had been a long budget year. He then
summarized the School Board's request. He stated that this was a request to help the School Board
cope with growth and the additional monies were needed to restore programs that were cut from the
upcoming budget. The cuts included:
- $145,000 for 25 positions.
- $50,000 for after school programs.
- $100,00 for technology programs.
- $21,000 for special education programs.
- $100,000 for supplies.
- $711,000 for Gainesboro Elementary School.
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The additional $1 million would be used as follows:
- $220,000 for maintenance and grounds.
- $242,300 for 5 high school teacher positions.
- $175,000 for 2 administrative assistant and additional maintenance positions.
- $290,000 for six teachers needed for the No Child Left Behind mandates.
- $130,000 for two replacement buses.
He stated that he felt the School Board had a commitment from the Board of Supervisors to fund all
local funds and state funds as well. He went on to say that growth was an inconvenience for adults,
but "we learn to cope and to be patient"; however, for five, ten, and fifteen year olds growth means
larger classes, longer waits for teacher help, overcrowded halls, and long bus rides. He asked the
Board to take the long view and protect and ensure the future ofthe kids by supporting this request.
Chairman Shickle advised the he had not heard any information on extended contract cuts
in any of the School Board's previous presentations.
Superintendent Dean advised that the $145,000 for 25 positions would go to funding those
extended contracts.
Supervisor Tyler stated that programs like FF A were helping students learn skills, etc. She
asked Superintendent Dean to elaborate on the extended contracts.
Superintendent Dean responded that the schools have a lot of dedicated staff who work with
students 10 'li to 11 months out ofthe year.
Supervisor Tyler asked where would the children be without these types of pro grams. She
advised that she did not want to see those opportunities eliminated.
Supervisor Ewing, in response to Superintendent Dean's statement regarding the need for
new school buses, asked if it was true that three good buses had been pulled from service to be used
as activity buses.
Superintendent Dean advised that he was not aware of that, but he would check into it.
Chairman Shickle asked Superintendent Dean to explain the rationale behind cutting the
extended contracts.
Superintendent Dean responded that the School Board had less money and they needed to
balance their budget. They looked at either cutting programs or staff as well as the closure of an
elementary school. He advised that by cutting the extended contracts, the programs would still exist
and positions would not have to be eliminated; however, some staff would lose one month's salary.
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He concluded by saying that the School Board looked at areas to cut where safety would not be
jeopardized and programs would not be cut.
There being no further questions for Superintendent Dean, Chairman Shickle convened the
public hearing.
Dixie Boyd, Opequon District, advised that she was Vice-President of the Sherando High
School Chapter of FF A. She informed the Board that she had the opportunity to host Deputy
Secretary of Agriculture James Moseley this year, who came to Frederick County because of its
successful program. She stated that, as a result of FF A, she received $5,000 in scholarships for
college. She advised that her teachers had given her a lot of support and effort and their dedication
has been a help to her. She concluded by saying that without her Agriculture teachers and the
opportunities they gave her, her resume would be empty. She thanked the Board for their support
and hoped they would approve the School Board's request.
Pat Grosso, Red Bud District and President ofthe Frederick County Education Association,
asked the Board to honor the intent of the General Assembly to fund bench marking of education
standards of quality. She concluded by urging the Board to pass the request.
Jeff Stout, Back Creek District, advised the he was an FF A alumni and thanked the Board
for its past support. He asked the Board to fund these programs, which are vital to the community.
Jeffrey Wilt, James Wood High School Agriculture Instructor, talked about the need for
extended contracts. He advised that Frederick County students are employed by over 50 Frederick
County businesses. He distributed copies ofthe purpose statements for organizations such as FF A,
FBLA, etc. He advised the he understands the importance of extended contracts because of his time
as a student and he asked the Board to grant the School Board's request.
Cora Hadley, Back Creek District, advised that she was proud to be an FF A member. She
stated that the lack of extended contracts would impact the organizations ability to attend state
conferences in June. She cited various camps that she had the opportunity to attend as well as
summer employment opportunities through FF A. She went on to say that FF A has given a lot to her
that she knows she can never give back. She concluded by saying that if contracts are eliminated
future students will not have the same opportunities and she asked the Board to vote in favor ofthe
request.
Kelly Wilkins, Shawnee District, advised the she was a concerned parent of a rising Senior.
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She felt she was privileged to work with dedicated teachers and advisors. She went on to say that
many of the school programs are not limited only to the school year. She concluded by urging the
Board to invest in Frederick County's future by approving the appropriation of these funds.
Gary Lofton, Back Creek District and a member ofthe County Finance Committee, advised
that this was an exceptionally challenging year and that a number of cuts were made to stave off a
larger tax increase. He stated that all departments shared in these cuts. He went on to say that the
Board of Supervisors decided that additional revenue from the reassessment would be used to
balance the budget so there would be no tax increase; however, the County must withdraw $5
million from reserve funds to cover costs. He advised that the Board must decide whether to
appropriate these funds or hold them back. He urged the Board to consider using these funds to
replenish the County's reserves.
Dick Crane, Red Bud District, advised the he did not see how anyone could disagree with
any of the speakers, but he felt the Board needed to be careful about deciding what to do with this
money. He asked the Board for due diligence with this decision tonight.
Derek Short, Opequon District, reviewed the opportunities FF A provided to him and advised
that he had received a job through FF A.
C. William Orndoff, Stonewall District and County Treasurer, commended the student and
alumni support this evening. He advised that he believed fiscal restraint had to be practiced in the
budget process as the County would be setting itself up for a large tax increase, which would make
it an unaffordable place to live. He challenged the County to live within its budget and within its
means. He went on to say that the request before the Board was the equivalent of a $0.05 tax
mcrease.
Martie Mackenzie, Gainesboro District and a member of the Frederick County Education
Association, advised that she tried to teach her students responsibility and if they want/need
something to stand up for it. She advised that she actively lobbied in Richmond for more
educational funding by sending letters to conferees, delegates, and senators, urging them to pass a
budget. She went on to say that the children are the most important part of the future. She asked
the Board to remember the people who worked get the funding to them and urged them make to right
decision.
Stephen Gregory, Back Creek District, thanked the FFA members and advisors.
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There being no further public comments, Chairman Shickle closed the public hearing.
Supervisor Forrester made the following statement: "Our commitment to fund education is
a commitment to the future prosperity of our community.
Quality employers look for an educated workforce when deciding whether to locate a
business in Frederick County.
Our school system is and should remain the "crown jewel" of our community.
2 Yz years ago when I came to this Board, I had hoped to slow residential growth because of
my concern on how we would be able to fund the needs of a growing school system. But, I haven't
been able to affect policy to slow the rate of children coming into our system - so I've fallen to Plan
B - which is my goal to at least provide support to keep our school system from taking a step
backwards, or falling behind.
Last year the school system took a step backwards when they cut the middle school planning
period. I don't want to put them in a position where they will go farther backwards this year.
The State came through with additional dollars we weren't counting on. Good for us. To
borrow a School Board member - Dr. Lamanna's analogy: '...at present, our school system is an un-
iced cake with slices missing...cut out. The additional state funding will allow us to restore the
pieces of the cake the School Board had to cut. We're not providing icing for the cake....just trying
to restore all the pieces.'
Our commitment to the future ofthe children of Frederick County is reflected by this Board's
funding.
But not only that, our commitment to education is actually a commitment to ourselves: the
people, the families of Frederick County - to ensure we will have a quality community to live in for
years to come. Therefore, I move to: Amend the 2004-2005 FY Budget to reflect the additional
school operating funds in the amount of$2,188,846."
The motion was seconded by Vice-Chairman Van Osten.
Supervisor Ewing read the following statement:
"Mr. Chairman:
I cannot sit here and not make comments regarding this request of funding by the School
Board. I want to state that I know that there is not a Supervisor sitting here that does not want to
make sure the children within Frederick County are provided a quality education. I realize they are
the future of our County, our State, and our Nation; however, I must ask a question of how much the
taxpayers of the County can afford.
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We do not need to review statistical information regarding the high quality ofthe education
our children are receiving. The SOL scores answer this for us.
Dr. Dean informed this Board at our joint meeting with the School Board last week that, and
I quote, "the Board of Supervisors have been most generous in providing school funding." This
generosity is also reflected by the fact that this board provided funding of 142% in excess of that
mandated by the State last year and I stress, in excess. With the funding provided to the Schools,
(which is in excess of the mandated amounts), I do have a problem understanding how the average
cost spent per student is less than the State average. I also do not understand, since all State and
Federal mandates are funded, why such large local funding increases are necessary. One thing that
might help me understand this would be the financial information I had been promised from the
School Administration, but to date have not received.
I have had e-mails, phone calls, and personal contacts requesting that we hold expenses at
their current funding levels, others have requested funding certain items such as the Vocational
Agricultural program, keeping Gainesboro School open, and others, all good requests. I must remind
the citizens and taxpayers that we, the Board of Supervisors, have no control of how the School
Board allocates the funding provided by the Board. For answers for those questions, you need to
contact your School Board Member. Ifwe were to provide your additional funding requests, we are
not assured it will be used where we request it be spent. I feel that this Board has fulfilled it's
responsibility of providing the necessary funding for the education of the students of Frederick
County for fiscal year 2004/05. It is the School Board's responsibility for the appropriation ofthese
funds to provide quality and necessary education services for the students.
To the taxpayers of Frederick County, I need to provide you with additional information to
support why I cannot support this additional appropriation to the Schools. First of all, the additional
funding of2.2 M (rounded) is identified by the State Legislation as the funding of mandated school
programs (which, by the way, are already funded in the budget) and real estate tax relief. This is
intended to relieve the local tax amounts that were necessary for the funding of the schools
programs. These funds were not available when the budget was passed so local funds had to be used
to pay the bill. When meeting with the School Board last week, they were asked how much
additional funding will be needed in their 2005/06 budget. With the schools additional amounts
needed for debt service fund ($1,700,000), opening of the new Junior High School (3,500,000) and
their general operating expenses increase (8,800,000) along with an additional 3,900,000 for other
county programs, this Board will need to set a tax rate requiring a .46 cent real estate tax increase.
That is a 63% increase - 63%. I will in no way be a part of that.
If this Board is going to fulfill it's fiscal responsibility to the taxpayers and citizens ofthis
county, we must start now. Disapproval ofthis request is a big start and equates to approximately
a .05 cent tax reduction necessary for the 2005/06 budget. Ifwe do not start cutting expenses and
finding additional or new monies, how in the world will we balance the 2005-06 budget or for that
part, any future budgets.
My last comment. If this Board does not accept the fiscal responsibilities placed upon us,
then I would suggest we create a new category in the 2005/06 to support those taxpayers that are
driven out of their homes because they can no longer pay the taxes and also to provide support for
the young couples that are trying to get their first house but will not be able to afford the taxes on
it.
One parting comment fellow Board Members that I must ask, 'When will enough taxes be
enough?' "
Supervisor Dove moved that the Board amend the original motion to amend the School
Operating Fund by $1.1 million to reinstate Gainesboro Elementary and fund activity buses
technology, and personnel, with the balance ofthe state funding to be ear marked for the Fiscal Year
2005-06 budget for school construction. The motion was seconded by Supervisor Ewing.
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Supervisor Tyler stated that this was not in the Board's purview.
Vice-Chairman Van Osten agreed with Supervisor Tyler.
There being no further discussion the motion to amend the original motion was defeated by
the following recorded vote:
Richard C. Shickle - Nay
Barbara E. Van Osten - Nay
Gary W. Dove - Aye
Bill M. Ewing - Aye
Gina A. Forrester - Nay
W. Harrington Smith, Jr. - Nay
Lynda J. Tyler - Nay
Supervisor Tyler stated that she still sees a lot of holes in the County's education system.
She went on to say that the Board is facing a situation where belts must be tightened, but the school
board also has needs that must be met. She stated that she would not appropriate mid-year.
Vice-Chairman Van Osten believes the Board of Supervisors uses due diligence when
discussing tax issues and she felt the budget document was a working document. She did not think
the Board should alarm citizens by saying that taxes would increase by $0.46. She concluded by
saying that she supported Supervisor Forrester's motion.
Supervisor Smith stated that he supported full funding of the schools. He concluded by
saying that he would support the school's request.
Chairman Shickle stated that he believed next year's budget would be an all-time high and
there would be many more unpopular decision to be made next year.
There being no further discussion, the following resolution was approved:
WHEREAS, the Frederick County Board of Supervisors, meeting in regular session and
public hearing held on June 9, 2004, took the following action:
NOW, THEREFORE, BE IT RESOLVED, by the Board of Supervisors that the FY 2004-
2005 Budget be Amended to Reflect:
School Ooerating Fund, in the Amount of$2, 188,846.00. These funds Represent Additional
State Funds Received After the Adoption of the Fiscal Year 2004-2005 Budget.
ADOPTED, this 9th day of June, 2004 by the following recorded vote:
Richard C. Shickle - Aye
Barbara E. Van Osten - Aye
Gary W. Dove - Nay
Bill M. Ewing - Nay
Gina A. Forrester - Aye
W. Harrington Smith, Jr. - Aye
Lynda J. Tyler - Aye
Minute Book Number 29
Board of Supervisors Regular Meeting of 06/09/04
566
PLANNING COMMISSION BUSINESS
PUBLIC HEARING
PUBLIC HEARING - CONDITIONAL USE PERMIT #07-04 OF ROY R. MESSICK.
JR.. FOR RE-EST ABLISHING A NON-CONFORMING USE. THE PROPERTY IS
LOCATED AT 686 MARPLE ROAD AND IS IDENTIFIED WITH PROPERTY
IDENTIFICATION NUMBER 41-A-163B IN THE GAINESBORO MAGISTERIAL
DISTRICT - APPROVED
Planner I Mark Cheran appeared before the Board on behalf ofthis item. He advised that this
was an application to re-establish a legal non-conforming use. The property is located in the
Gainesboro Magisterial District and is zoned RA (Rural Areas). There were no adverse agency
comments and the Planning Commission recommended approval with the following conditions:
1. All review agency comments and requirements shall be complied with at all times.
2. Hog pen shall be fifteen (15) feet from property lines.
3. No more than twenty-five (25) hogs allowed.
4. Any change of use or modification will require a new Conditional Use Permit.
Planner I Cheran advised that the applicant was present to answer any questions the Board might
have.
Mr. Roy Messick, applicant, appeared before the Board on behalf of this application. He
advised that the property was purchased in 1975 and that he had raised hogs until the original pen
had rotted. He stated that he did not know that the zoning ordinance had changed since that time.
He advised that he rebuilt the pen on a concrete slab and that he was now asking for permission to
continue to raise hogs.
Chairman Shickle convened the public hearing.
Laura Stewart, Gainesboro District, advised that she was a neighbor and the hog pen had
been constructed within fifty feet of their kitchen. She asked that the Board say no to the location
of the pen. She asked why the pen had to be that close to their home and showed the Board
photographs of the pen as taken from her home. She went on to say that she was here because the
Planning Commission did not listen to her concerns. She advised that she was concerned about the
run off from the pen getting onto her property and into her well. She concluded by asking the Board
to look closely at this situation before making a decision.
Steven Stewart, Gainesboro District, advised that he was a neighbor and he was concerned
about the proposed hog pen location. He stated that no one was denying Mr. Messick's right to
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567
farm. He further stated that there were no hogs on this property from 1994-2001. He was concerned
about run-off, which runs down hill and is in line with his drinking water source. He stated that Mr.
Messick has 11.3 acres ofland and wondered why he insists on locating the pen within fifty feet of
his drinking water system. He urged the Board not to allow Mr. Messick to put the hogs where they
could harm his family and property. He concluded by saying that he could not allow the Board "to
destroy my property and devalue my home."
Mr. Messick advised that the hog pen is in excess ofl00 feet from the Stewart's well and 95
to 97 feet from the comer oftheir house. He went on to say that the closest point from the pen to
the Stewart's property is 27 feet. He advised that he does not wash out the pen, but cleans it with
a shovel and hauls the waste away.
There being no further public comments, Chairman Shickle closed the public hearing.
Supervisor Forrester asked why the pen had been moved from its original location.
Mr. Messick responded that it was moved to provide closer access to water and electric.
Supervisor Forrester asked for an estimated cost for constructing the pen.
Mr. Messick responded approximately $2,500.00.
Supervisor Dove asked why the pen was rebuilt.
Mr. Messick responded that the first pen had rotted.
Supervisor Forrester asked what the requirements would have been had Mr. Messick
originally applied for a permit.
Planner I Cheran advised that there was no set back requirement prior to 1995; therefore, the
structure would have been treated as an accessory structure and could be placed 15 feet from the
property line. He concluded by saying that this particular structure did not require a building permit.
Upon a motion by Supervisor Dove, seconded by Supervisor Tyler, the Board approved
Conditional Use Permit #07-04 by the following recorded vote:
Richard C. Shickle - Aye
Barbara E. Van Osten - Aye
Gary W. Dove - Aye
Bill M. Ewing - Aye
Gina A. Forrester - Aye
W. Harrington Smith, Jr. - Aye
Lynda J. Tyler - Aye
OTHER PLANNING ITEMS
MASTER DEVELOPMENT PLAN #03-04 OF FIELDSTONE SUBDIVISION -
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Board of Supervisors Regular Meeting of 06/09/04
568
APPROVED
Planner II Jeremy Camp appeared before the Board on behalf ofthis application. He advised
that the original master development plan was approved in 1988 and has been revised twice. The
proposed plan calls for an increase in density from 150 units to 288 (63 single-family detached and
225 townhouses) units. The property is located in the Red Bud Magisterial District and is zoned RP
(Residential Performance). The future Channing Drive will bisect the property and a 6 foot asphalt
trail is also proposed. Planner II Camp advised that the Planning Commission had expressed interest
in extending Nassau Drive as a possible connector road. The applicant was not amenable to this
request. The Planning Commission did recommend approval of the master development plan and
lot access waiver. He concluded by saying that the applicant was seeking authorization of the
preliminary master development plan, which would grant staff with administrative approval
authority for the final master development plan. He advised that the applicant was represented by
Greenway Engineering who was present to answer any questions.
Chairman Shickle asked if the ordinance required a six foot trail, similar to the one being
provided by the applicant.
Planner II Camp responded that there was not an ordinance requirement.
Chairman Shickle asked if the County could get a ten foot trail, since the Parks and
Recreation bike trails were ten feet.
Planner II Camp responded that staff was working on developing a comprehensive bike trail
plan; however, there is currently no ordinance requirement to provide a trail.
Supervisor Forrester asked ifthe density of a project changes, could the Board rejectthe plan
if they felt the traffic was too much for the existing road infrastructure.
Director Lawrence responded that the increased density was a by right use; therefore, no new
traffic impact analysis study would be required.
Lloyd Engram, VDOT Engineer, advised that VDOT looks at how much the density would
be increasing and then looks at the percentage increase in traffic.
Supervisor Forrester stated that she had read in the staff report that it was anticipated the
level of traffic would double under this new proposal.
Engineer Engram advised that a light would be constructed on Valley Mill Road.
Vice-Chairman Van Osten asked Engineer Engram ifhe was satisfied that this light would
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569
deal with the potential traffic impact.
Engineer Engram responded yes.
Jerry Copp, VDOT Resident Engineer, advised that the light on Valley Mill Road was a go,
but he could not say for sure when it would constructed. He stated that the earliest it would be
installed would be sometime in 2005.
Evan Wyatt, Greenway Engineering, appeared before the Board on behalf of Arcadia
Building Company. He advised that Arcadia came before the Board previously with this issue and
the Board removed this item from the agenda and referred it back to the Planning Commission to
deal with the issue of density. The Planning Commission recommended approval ofthis plan and
approved the necessary waiver request also. Mr. Wyatt explained that the vision for this project is
upscale townhouses in a closed community concept, which would be marketed to commuters. He
advised that Arcadia desires to be the first in the area with this type of proj ect. Mr. Wyatt went on
to say that when Arcadia purchased this property, there was a commitment for the completion of
Channing Drive prior to the permitting of the first dwelling unit for this project. Arcadia has
completed their portion and has agreed to provide $20,000 as part ofthe signalization improvement
as well. Mr. Wyatt concluded by saying that, according to staff, the plan complies with the
comprehensive plan, zoning ordinance, and subdivision ordinance requirements. Mr. Wyatt then
introduced Doug Fleming, legal counsel for Arcadia.
Mr. Fleming advised that he has been serving as legal counsel to Arcadia for a number of
years. He stated that he appreciated the Planning Commission's vote to recommend approval ofthis
master development plan and approval ofthe necessary waiver. Mr. Fleming advised that the plan
does comply with the requirements of the zoning ordinance and subdivision ordinance. He then
stated that he felt it was important to make some brief observations regarding the transportation
concerns, such as the extension of Nassau Drive. He advised that Arcadia had implemented its
portion ofthe eastern road plan and noted that the Comprehensive Plan does not require or include
an east/west connector in this area. Mr. Fleming stated that the properties to the east of this project
have not been rezoned and are undeveloped; therefore, it would be profoundly unfair to Arcadia to
require them to create a road not included in the county's documents. He went on to say that no
adjoining landowner has ever called or requested to meet with Arcadia regarding a Nassau Drive
connection, but they would not refuse discussions on this issue. He concluded by saying that the
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570
County Attorney believes that if the plan meets the ordinance requirements then the Board should
approve the master development plan. He then thanked the Board for the opportunity to speak.
Mr. Wyatt stated that Arcadia's biggest concern about extending Nassau Drive is that it could
serve as a substitute route to Route 7, which would disrupt the project and property. He advised that
Arcadia had invested money in constructing Channing Drive and now the County was talking about
additional road costs. He concluded by saying that this concept would not work through Fieldstone.
Mr. Fleming advised that an extension of Nassau Drive would have an adverse impact on the
project and would exponentially benefit the property owners to the east. He concluded by saying
that Arcadia would not rule out extending Nassau Drive, but they have not been contacted by any
of the adjacent property owners.
Vice-Chairman Van Osten asked for a description of Nassau Drive.
Mr. Wyatt explained that it was a 50 foot right-of-way connected to Channing Drive, which
then enters the property and stubs out.
Vice-Chairman Van Osten advised that she understood the applicants objections to a major
collector road, but asked why they would object to a smaller road.
Deputy Director Mohn advised that staff was looking for a path to Route 7 and this was not
an option with Arcadia. He went on to say that staff was looking for compliance with the
subdivision ordinance.
Mr. Fleming advised that the subdivision ordinance does not require this extension. He
advised that there was no plan nor were there existing or platted streets on the Adams' parcel. He
concluded by saying that the applicant has complied with the ordinance.
Deputy Director Mohn advised that there was probably an error in the staffreport, but staff
did note that the subdivision ordinance does look for connections. He went on to say that this was
not a new issue.
Vice-Chairman Van Osten reviewed the ordinance section in question and stated that it
seemed like a question of semantics.
Supervisor Tyler advised that she would like to explore Mr. Stafford's suggestion of
prohibiting right turns on to Valley Mill Road and left turns on to Channing Drive.
Engineer Copp stated that there was a way to do that, but he was not in a position to
determine that at the present.
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Board of Supervisors Regular Meeting of 06/09/04
571
Supervisor Dove asked if signage could be installed on Valley Mill Road.
Engineer Copp responded that VDOT must look at other impacts caused by this option. He
advised that there was a lot to consider.
Supervisor Dove asked if this was a decision the Board could make.
Engineer Copp responded that the Board could make a recommendation, but VDOT would
make the final decision. He advised that he would work with the Board and staff to address these
issues.
Supervisor Forrester advised she was not happy about this, but moved to grant staff
administrative approval authority contingent upon the applicant providing the necessary extension
ofthe local street known as an inter-parcel connector, Nassau Drive, to the eastern property line per
144-17 B (2) of the County Code; the applicant to address all relevant state and local ordinances; and
satisfactorily address all review agency, Planning Commission, and Board of Supervisors comments
applicable to this project.
The motion was seconded by Vice-Chairman Van Osten.
Supervisor Forrester advised that things were getting very complicated in this area and she
asked the Board to help her with the transportation issues.
Chairman Shickle stated that he had apprehensions about suggesting barricades be put up on
these roads. He advised that he would like to keep his options open.
Supervisor Forrester stated that she did not believe the road would be used as a collector road
and that the extension of Nassau Drive makes for a far better transportation pattern.
Director Lawrence advised that staff was looking at a public road.
Chairman Shickle stated that he wanted to ensure that the inter-parcel connector would not
be a major transportation route.
Assistant Administrator Tierney advised that the County has a history of requiring inter-
parcel connectors and staff is suggesting that an inter-parcel connector is appropriate in this instance.
He advised that it would serve as an alternative means to get in or out of the subdivision. He
concluded by saying that the County is simply talking about neighborhood access.
Supervisor Forrester asked ifthe Board could put a notation on the master development plan
regarding the inter-parcel connector.
Supervisor Tyler advised that she was getting uncomfortable with putting conditions on a
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572
plan because of an adjoining property.
Director Lawrence stated that the July 2003 comments stated there needs to be an inter-parcel
connector.
Chairman Shickle asked about the difference between the previous master development plan
and this one.
Director Lawrence advised that this was a major change because the applicant was changing
the product from single-family dwellings to townhouses.
Supervisor Ewing stated that the existing road conditions out there make it difficult to
support this application; however, they have met every requirement and "I see no way to vote no."
There being no further discussion, Master Development Plan #03-04, Fieldstone Subdivision
was approved by the following recorded vote:
Richard C. Shickle - Nay
Barbara E. Van Osten - Aye
Gary W. Dove - Nay
Bill M. Ewing - Aye
Gina A. Forrester - Aye
W. Harrington Smith, Jr. - Aye
Lynda 1. Tyler - Nay
MASTER DEVELOPMENT PLAN #06-04 OF WINCHESTER MEDICAL CENTER
II - APPROVED
Planner II Camp appeared before the Board on behalf of this application. He advised that
this was an application for a master development plan for the property located to the west of
Winchester Medical Center containing approximately 50 acres along Route 50. The property is
located in the Gainesboro magisterial district and is zoned commercial B2 (Business General) and
MS (medical support). Planner II Camp advised that this plan is being reviewed in conjunction with
the Round Hill Crossing Master Development Plan. Proposed uses on the property include
restaurant, hotel, and retail; however, there is no guarantee of any of those uses at this time. The
project requires a 200 foot no build buffer. The property contains no environmental features. He
advised that the applicant is requesting a waiver to require individual lot access, which requires
Board approval. Planner II Camp stated that Botanical Road is the only public collector road and
private roads would be used to access lots within the development. Planner II Camp advised that
all proffered road improvements are accounted for on this plan. He went on to say that the County
must approve any development on this site that takes place once the vehicle trips per day exceed
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Board of Supervisors Regular Meeting of 06/09/04
573
14,000. The Planning Commission recommended approval of this master development plan at its
June meeting. He advised that the plan is in conformance with the ordinance requirements and
proffers. Staff and the applicant are working on a notation to clarify the proposed closure of Echo
Lane and providing alternate access to the property. Clarification is also needed on the types of
landscaping to be placed around the round about. There is also a question of potential access if the
adjoining properties along Echo Lane are developed in the future.
Vice-Chairman Van Osten asked what access the adjoining property would have to their
homes, if Echo Lane is closed.
Planner 11 Camp responded that the applicant wanted to close Echo Lane and provide other
access. He advised that staff was not going to permit anyone to be land locked; therefore, those
residents would have access on to BotaI}ical Drive.
Vice-Chairman Van Osten asked if only the access from Echo Lane to Route 50 was being
terminated.
Planner 11 Camp responded yes.
Chuck Maddox, G.W. Clifford and Associates, appeared before the Board on behalf of the
applicant. He advised that the reason for closing Echo Lane is that he did not want traffic to parallel
a major collector. He stated that the plan would be annotated before staff approval.
Chairman Shickle asked about the notes on the last page, which reference WWW Property.
Mr. Maddox responded that that portion ofthe plan was included as an attempt to show the
Route 50 improvements as related to the proffers.
Supervisor Dove asked if this proposal would devalue the adjoining properties.
Mr. Maddox responded that the proposal would not devalue the adjacent properties. He went
on to say that once the new road is built, the property values would increase. Mr. Maddox went on
to say that he would add a note to the plan stating that the applicant would not deny access to
Botanical Drive if the property is planned. He stated that access would be available once the
proffered traffic impact analysis is approved by the County and Winchester Medical Center approves
what is on the property.
Chairman Shickle asked about the Echo Lane entrance on to Route 50.
Engineer Copp stated that VDOT agreed to allow the entrance as a private road, but they
have not agreed to a commercial entrance on to Route 50 or Botanical Drive.
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Board of Supervisors Regular Meeting of 06/09/04
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574
Engineer Engram advised that as long as the other properties along Echo Lane remain
residential in use then the road would not close.
Chairman Shickle asked if the project was as it was required to be.
Mr. Maddox responded yes.
Upon a motion by Supervisor Dove, seconded by Supervisor Smith, the Board granted staff
administrative approval for Master Development Plan #06-04.
The above motion was approved by the following recorded vote:
Richard C. Shickle - Aye
Barbara E. Van Osten - Aye
Gary W. Dove - Aye
Bill M. Ewing - Aye
Gina A. Forrester - Aye
W. Harrington Smith, Jr. - Aye
Lynda J. Tyler - Aye
MASTER DEVELOPMENT PLAN #07-04 OF WWW PROPERTY - APPROVED
Planner IT Camp appeared before the Board on behalf of this application. He advised that
this property is located on Route 50 in the Gainesboro District and is zoned B2 (General Business).
The property contains 70 acres, 23 acres of which are designated for large retail to be used for a Wal-
Mart Supercenter and other commercial uses. Planner II Camp advised that the Board of Supervisors
is also being requested to approve a lot access waiver. He further stated that all improvements to
the WMC II property will be in place before the property is developed. The applicant has proffered
to relocate Round Hill Road to reconnect with the proposed collector road. The cap on the collector
road is 15,000 vehicle trips per day. Any increase would require County review. The applicant has
also agreed to construct two lanes of Petticoat Gap Lane in Phase 1. Planner II Camp advised that
the Planning Commission has expressed no concern over the waiver request, which the Board must
act upon. He stated that the Planning Commission has recommended approval of the plan. Planner
II Camp stated that the plan is in conformance with the zoning ordinance requirements and the
applicant is seeking approval for staff authority to administratively approve this plan. He went on
to say that staff is working with the applicant on the proffered 10' landscape screen and location.
The screen is proposed to be located on the side of the road, but staff would be working with the
applicant to finalize its location.
Supervisor Forrester asked ifthe staff note stating that "as individual site plans are submitted
for WWWProperty, an ADT traffic tabulation shall be required to assess the overall trips generated"
Minute Book Number 29
Board of Supervisors Regular Meeting of 06/09/04
575
is stated in the proffer statement.
Director Lawrence advised that this issue is already addressed in the proffer statement.
Chuck Maddox, G. W. Clifford & Associates, appeared before the Board on behalf of this
application. He advised that the applicant was working very closely with WMC II to make this a
unified commercial and medical support facility.
Chairman Shickle asked about the buffer between the development and the adjoining
agriculture land.
Mr. Maddox responded that there was 10 feet in addition to the 80 foot right-of-way. With
regard to the location of the screening buffer, Mr. Maddox stated that he would prefer to see the
screening placed between the buildings and the road.
V ice-Chairman Van Osten advised that she would like the buffer to screen the buildings. She
then asked what the design standards for the proposed Wal-Mart might be.
Mr. Maddox responded that the applicant has established an architectural content committee
to make sure all of the architecture is homogenous. He stated "it's going to be the best it can be...
big box is big box." He concluded by saying that he did not have any exterior colors or drawings
yet.
Chairman Shickle asked who would build the backside entrances.
Mr. Maddox responded that it would be built by Winchester Medical Center. He went on
to say that Phase I would be completed prior to the issuance of the first occupancy permit. He
further stated that the Echo Lane entrance would be built at that same time.
Upon a motion by Supervisor Dove, seconded by Supervisor Ewing, the Board granted staff
authority to administratively approve Master Development Plan #07-04 and also approved the
proposed lot access waiver to allow lots to access private streets.
The above motion was approved by the following recorded vote:
Richard C. Shickle - Aye
Barbara E. Van Osten - Aye
Gary W. Dove - Aye
Bill M. Ewing - Aye
Gina A. Forrester - Aye
W. Harrington Smith, Ir. - Aye
Lynda I. Tyler - Aye
ROAD RESOLUTION (#068-04) FOR AUTUMN GLEN, SECTION I - APPROVED
UNDER CONSENT AGENDA
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Board of Supervisors Regular Meeting of 06/09/04
576
WHEREAS, the streets in Autumn Glen Section I, described on the attached Additions Form
SR-5A, fully incorporated herein by reference, are shown on plats recorded in the Clerk's Office of
the Circuit Court of Frederick County; and
WHEREAS, the Resident Engineer of the Virginia Department of Transportation has
advised this Board that the streets meet the requirements established by the Subdivision Street
Requirements of the Virginia Department of Transportation; and
WHEREAS, the County and the Virginia Department of Transportation have entered into
an agreement on June 9, 1993, for comprehensive stormwater detention which applies to this request
for addition.
NOW, THEREFORE, BE IT RESOLVED, this Board requests the Virginia Department
of Transportation to add the streets described in the attached Additions Form SR-5(A) to the
secondary system of state highways, pursuant to 33.1-229, Code 0 f Virginia, and the Department's
Subdivision Street Requirements; and
BE IT FURTHER RESOLVED, this Board guarantees a clear and unrestricted right-of-
way, as described, and any necessary easements for cuts, fills and drainage; and
BE IT FURTHER RESOLVED, that a certified copy ofthis resolution be forwarded to the
Resident Engineer for the Virginia Department of Transportation.
Adopted this 9th day of June, 2004.
BOARD LIAISON REPORTS
Supervisor Tyler informed the Board that Parks and Recreation received an award from the
Tourism Board recognizing outstanding event of the year for the Holiday Light Show.
Supervisor Forrester advised that the Personnel Committee met, but there was no action to
forward to the Board.
CITIZEN COMMENTS
Nick Lauderdale, Gainesboro District, spoke regarding the WMC II and WWW projects.
He expressed concerns about traffic on Routes 50 and 522 and hoped they would be adequately
addressed in the two projects. He also asked why the applicants were not extending the service road.
BOARD OF SUPERVISORS COMMENTS
Supervisor Forrester thanked staff for handling the complexity ofthe many proj ects that have
been coming forward.
ADJOURN
UPON A MOTION MADE BY SUPERVISOR EWING, SECONDED BY
SUPERVISOR FORRESTER, THERE BEING NO FURTHER BUSINESS TO COME
BEFORE THIS BOARD, THIS MEETING IS HEREBY ADJOURNED. (11:00 P.M.)
Minute Book Number 29
Board of Supervisors Regular Meeting of 06/09104
577
\L~_S C--6-~~
Richard C. Shickle
Chairman, Board of Supervisors
o R. Riley, Jr.
lerk, Board of Supervisors
Minutes Prepared By: ( l. "I E.. '~'fj2.j../
Jay E.~s
Deputy Clerk, Board of Supervisors
Minute Book Number 29
Board of Supervisors Regular Meeting of 06/09/04