November 10, 2004 Regular Meeting
186
A Regular Meeting ofthe Frederick County Board of Supervisors was held on Wednesday,
November 10, 2004, at 7:15 P.M., in the Board of Supervisors' Meeting Room, County
Administration Building, 107 North Kent Street, Winchester, Virginia.
PRESENT
Chairman Richard C. Shickle; Barbara E. Van Osten; Gary W. Dove; Bill M. Ewing; Gene
E. Fisher; Gina A. Forrester; and Lynda J. Tyler.
CALL TO ORDER
Chairman Shickle called the meeting to order.
INVOCATION
In the absence of a minister, Supervisor Fisher delivered the invocation.
PLEDGE OF ALLEGIANCE
Vice-Chairman Van Osten led the Pledge of Allegiance.
ADOPTION OF AGENDA - APPROVED
Administrator Riley advised that the applicant has requested that rezoning application # 1 0-04
of A.P.R. Mini-Storage, LLC be postponed until the December 8, 2004 meeting.
Upon a motion by Supervisor Tyler, seconded by Supervisor Forrester, the agenda was
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
Gene E. Fisher Aye
Gina A. Forrester Aye
Lynda J. Tyler Aye
CONSENT AGENDA - APPROVED
Administrator Riley offered the following tabs for the Board's consideration for the consent
agenda:
Recognition of County Finance Department Receiving Awards for Distinguished Budget
Presentation and Comprehensive Annual Financial Report from the Government Finance
Officers Association (GFOA) - Tab C;
Resolution: Rebenchmarking the Staffing and Operational and Maintenance Funding for
Virginia State Parks - Tab E;
Lease Renewal for the Department of Historic Resources - Tab F;
Public Works Committee Report - Tab G.
Minute Book Number 30
Board of Supervisors Regular Meeting of 11/10/04
'187
Upon a motion by Supervisor Tyler, seconded by Vice-Chairman Van Osten, the Board
approved the consent agenda by the following recorded vote:
Richard C. Shickle Aye
Barbara E. Van Osten Aye
Gary W. Dove Aye
Bill M. Ewing Aye
Gene E. Fisher Aye
Gina A. Forrester Aye
Lynda J. Tyler Aye
CITIZEN COMMENTS
Ron Place, 311 Hunters Ridge Road in the Shawnee District, appeared before the Board to
discuss the Oakdale Streetlight issue. He advised that he was seeking support from the Board to
keep the streetlights on and felt they were needed for security.
Mark Zimmerman, 309 Hunters Ridge Road in the Shawnee District, seconded Mr. Place's
remarks. He stated that he recognized an ordinance was in place for two other subdivisions to
maintain their streetlights and he asked the Board to do whatever it could to include Oakdale in that
ordinance.
BOARD OF SUPERVISORS COMMENTS
There were no Board of Supervisors' comments.
MINUTES-APPROVED
Upon a motion by Supervisor Tyler, seconded by Supervisor Forrester, the minutes from the
October 27,2004 Regular Meeting were approved by the following recorded vote:
Richard C. Shickle Aye
Barbara E. Van Osten Aye
Gary W. Dove Aye
Bill M. Ewing Aye
Gene E. Fisher Aye
Gina A. Forrester Aye
Lynda J. Tyler Aye
Supervisor Fisher advised that he attended the October 28, 2004 City/County Summit, but
the minutes did not reflect his attendance. He requested that they be amended to reflect his
attendance.
Upon a motion by Vice-Chairman Van Osten, seconded by Supervisor Ewing, the Board
approved the minutes from the October 28, 2004 City/County Summit, as corrected, by the
following recorded vote:
Minute Book Number 30
Board of Supervisors Regular Meeting of 11/10/04
, 188
Richard C. Shickle Aye
Barbara E. Van Osten Aye
Gary W. Dove Aye
Bill M. Ewing Aye
Gene E. Fisher Aye
Gina A. Forrester Aye
Lynda 1. Tyler Aye
COUNTY OFFICIALS
COMMITTEE APPOINTMENTS
RE-APPOINTMENT OF RICHARD G. DICK AS SHAWNEE DISTRICT
REPRESENTATIVE ON THE FREDERICK COUNTY INDUSTRIAL
DEVELOPMENT AUTHORITY - APPROVED
Upon a motion by Supervisor Fisher, seconded by Supervisor Ewing, Richard G. Dick was
re-appointed as Shawnee District representative on the Frederick County Industrial Development
Authority. This is a four year term, said term to expire November 10,2008.
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
Gene E. Fisher Aye
Gina A. Forrester Aye
Lynda 1. Tyler Aye
APPOINTMENT OF WANDA HOOVER AS FREDERICK COUNTY
REPRESENTATIVE ON THE HANDLEY REGIONAL LIBRARY BOARD -
APPROVED
Upon a motion by Supervisor Tyler, seconded by Supervisor Forrester, the Board appointed
Wanda Hoover as Frederick County Representative on the Handley Regional Library Board. This
is a four year term, said term to expire November 30, 2008.
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
Gene E. Fisher Aye
Gina A. Forrester Aye
Lynda J. Tyler Aye
RECOGNITION OF COUNTY FINANCE DEPARTMENT RECEIVING AWARDS
FOR DISTINGUISHED BUDGET PRESENTATION AND COMPREHENSIVE
ANNUAL FINANCIAL REPORT FROM THE GOVERNMENT FINANCE
OFFICERS ASSOCIATION (GFOA) - APPROVED UNDER CONSENT AGENDA
Frederick County's Finance Department received the Distinguished Budget Presentation
Minute Book Number 30
Board of Supervisors Regular Meeting of 11/10/04
_ L_ ____ _
189
Award for the current fiscal year from thc Government Finance Officers Association.
Finance Director Cheryl B. Shiffler received the Certificate of Achievement for Excellence
in Financial Reporting for Frederick County's annual financial report for the fiscal year ended June
30,2003.
This item was approved under consent agenda.
DISCUSSION ITEM - CREATION OF STREETLIGHT SERVICE DISTRICT -
OAKDALE CROSSING SECTION I - PUBLIC HEARING SET
Administrator Riley advised that this item was brought to the Board in September as a
discussion item. During that discussion, legal counsel advised that the existing streetlight ordinance
in the County Code could not be used in this instance as the enabling legislation was specific to two
subdivisions within the County. The Board directed statTto do further research and report back.
Administrator Riley stated that it was staffs opinion that the best way to attempt to address this
issue was for the Board to hold a public hearing to create a service district to encompass the
subdivision in question. Mr. Riley further advised that it might be a good idea for the Board to
include all three sections of Oakdale because if it was the desire of the other two sections to be
included then the structure would be in place to accommodate them.
Supervisor Forrester advised that she had received several e-mails from residents of Section
II asking that they be included in any proposed service district. She suggested putting all three
sections into the service district.
Administrator Riley stated that staff would construct the ordinance to include all three
sections, but ifit was the desire of the Board to include less than three sections then they could do
so.
Vice-Chairman Van Osten asked why the Board did not do a generic streetlight service
district, which would help alleviate these types of problems in the future.
Administrator Riley advised there was a need to define the metes and bounds of the district
and he recommended that the County start smaller and then get larger, if necessary.
Upon a motion by Supervisor Ewing, seconded by Supervisor Fisher, the Board set a public
hearing for December 8, 2004 regarding the creation of a streetlight service district for Oakdale
Crossing Sections I, II, and III.
The above motion was approved by the following recorded vote:
Minute Book Number 30
Board of Supervisors Regular Meeting of 11/10/04
190
Richard C. Shickle Aye
Barbara E. Van Osten Aye
Gary W. Dove Aye
Bill M. Ewing Aye
Gene E. Fisher Aye
Gina A. Forrester Aye
Lynda J. Tyler Aye
RESOLUTION: (#027-04) REBENCHMARKING THE STAFFING AND
OPERATIONAL AND MAINTENANCE FUNDING FOR VIRGINIA STATE PARKS
- APPROVED UNDER CONSENT AGENDA
WHEREAS, the Frederick County Board of Supervisors commends Governor Mark Warner
and the Senate of Virginia and House of Delegates for working cooperatively with the Department
of Conservation and Recreation in their support of Virginia's state park system; and
WHEREAS, Virginia's state parks were voted "America's best managed" in 2001 and
became recipients of the National Gold Medal Award; and
WHEREAS, Virginia's state parks rank fiftieth in state funding among the fifty states in
both per capita and proportion of the state budget dedicated to state parks; and
WHEREAS, our state park system is a major component of Virginia's outdoor recreation
and tourism offerings and contributes more than one hundred fifty million dollars annually to the
state and local economies; and
WHEREAS, Virginia voters demonstrated both in 1992 and 2002 support for improving and
expanding state parks with nearly seventy percent support for general obligation bond referendums
in state-wide elections; and
WHEREAS, the need for a major rebenchmarking of funding and staffing for state parks
has been identified and supported by the former Commission on the Future of Virginia's
Environment (2002 Senate Document 4); and
WHEREAS, preventive cyclical and maintenance reserve projects have been deferred for
many years as those funds have been by necessity redirected to operations resulting in hundreds of
millions of dollars in deferred maintenance; and
WHEREAS, the expansion in facilities and responsibilities made possible by the 1992 and
2002 general obligation bond projects has place unreasonable and extraordinary stress on our state
park system and its staff; and
WHEREAS, the new facilities under construction and to be built by proceeds from the 2002
GOB will greatly exacerbate the current park staffing and operational unmet needs and may lead to
delayed openings and indefinite land banking of a new park land acquisitions; and
THEREFORE, BE IT RESOLVED, that the Frederick County Board of Supervisors urges
Governor Warner and the members of the Virginia Senate and House of Delegates to support budget
amendments that address this critical need in the 2005 legislative session.
ADOPTED this 10th day of November, 2004.
This item was approved under consent agenda.
LEASE RENEWAL FOR DEPARTMENT OF HISTORIC RESOURCES -
APPROVED UNDER CONSENT AGENDA
The Department of Historic Resources requested a renewal oftheir lease for office space in
Minute Book Number 30
Board of Supervisors Regular Meetiug of 11110/04
1 91
the County Administrator Building. The lease renews automatically each year, provided there are
no changes proposed.
The Department submitted a letter requesting consideration of a three year lease of their
space for $3,300.00 per year for a grand total of$9,900.00 for the entire period.
Staffs recommendation was to maintain the lease on a year to year basis rather than enter
into a long term agreement. This item was proposed for the consent agenda, with the intent being
that Board approval would be for a year to year lease rather than the proposed three year lease.
This item was approved under consent agenda.
COMMITTEE REPORTS
PUBLIC WORKS COMMITTEE - APPROVED UNDER CONSENT AGENDA
The Public Works Committee met on Tuesday, October 19,2004 at 8:00 a.m. All members
were present with the exception of Whit Wagner. Closed sessions were convened under the
following Code of Virginia Sections:
1. Closed Session: Under Virginia Code g2.2-37ll.30 - "... and discussion ofthe terms or
scope of such contract, where discussion in an open session would adversely affect the bargaining
position or negotiating strategy of the public body."
2. Closed Session: Disposition of Real Estate: In accordance with the Code of Virginia
g2.2-37ll Subsection A, (3), Acquisition and Disposition of Real Estate.
3. Miscellaneous Reports
a. Tonnage Report: Landfill
(Attachment 1)
b. Recycling Report
(Attachment 2)
c. Animal Shelter Dog Report
(Attachment 3)
d. Animal Shelter Cat Report
(Attachment 4)
This item was approved under consent agenda.
FINANCE COMMITTEE - APPROVED
The Finance Committee met in the First Floor Conference Room at 107 North Kent Street
on November 3,2004 at 8:00 a.m.
1. The County Administrator requests a General Fund suoolemental aoorooriation in the
amount of $62,500. This amount is needed for preliminary engineering work for Inverlee Way.
Additional local funds are required. See attached correspondence, p. 1. The committee recommends
approval. - APPROVED
Upon a motion by Chairman Shickle, seconded by Supervisor Forrester, the above request
was approved by the following recorded vote:
Richard C. Shickle
Aye
Minute Book Number 30
Board of Supervisors Regular Meeting of 11/10/04
192
Barbara E. Van Osten Aye
Gary W. Dove Aye
Bill M. Ewing Aye
Gene E. Fisher Aye
Gina A. Forrester Aye
Lynda 1. Tyler Aye
2. The Finance Director requests a General Fund budget transfer in the amount of$296.348.
This amount needs to be transferred from the line item previously used to pay the Consolidated
Maintenance Fund to the General Fund maintenance budget due to a change in the method of billing.
No additional local funds are needed. The committee recommends approval. - APPROVED
Upon a motion by Chairman Shickle, seconded by Supervisor Forrester, the above request
was approved by the following recorded vote:
Richard C. Shickle Aye
Barbara E. Van Osten Aye
Gary W. Dove Aye
Bill M. Ewing Aye
Gene E. Fisher Aye
Gina A. Forrester Aye
Lynda J. Tyler Aye
3. The Sheriff requests a General Fund supplemental appropriation in the amount of$877.
This amount represents donations and funds received from Zuckerman's for shell casings. No
additional local funds are needed. See attached memo, p. 2-3. The committee recommends
approval. - APPROVED
Upon a motion by Chairman Shickle, seconded by Supervisor Ewing, the above request was
approved by the following recorded vote:
Richard C. Shickle Aye
Barbara E. Van Osten Aye
Gary W. Dove Aye
Bill M. Ewing Aye
Gene E. Fisher Aye
Gina A. Forrester Aye
Lynda J. Tyler Aye
4. The Sheriffrequests a General Fund supplemental appropriation in the amount of$4.798.
This amount represents an auto insurance reimbursement and is requested to be appropriated to
vehicle repair and maintenance. No additional local funds are needed. See attached memo, p. 4.
The committee recommends approval. - APPROVED
Upon a motion by Chairman Shickle, seconded by Supervisor Forrester, the above request
was approved by the following recorded vote:
Richard C. Shickle Aye
Barbara E. Van Osten Aye
Gary W. Dove Aye
Bill M. Ewing Aye
Gene E. Fisher Aye
Gina A. Forrester Aye
Lynda J. Tyler Aye
Minute Book Number 30
Board of Supervisors Regular Meeting of 11/10/04
193
5. The Sheriff requests a General Fund suoolemental appropriation in the amount of
$18.000. These funds represent a DMV Grant that is requested to fund the overtime line item. No
additional local funds are needed. See attached memo, p. 5. The committee recommends approval.-
APPROVED
Upon a motion by Chairman Shickle, seconded by Supervisor Ewing, the above request was
approved by the following recorded vote:
Richard C. Shickle Aye
Barbara E. Van Osten Aye
Gary W. Dove Aye
Bill M. Ewing Aye
Gene E. Fisher Aye
Gina A. Forrester Aye
Lynda J. Tyler Aye
6. The Director of Juvenile Justice Court Service Unit requests a General Fund
supplemental appropriation in the amount of$7, 949. Of this amount, $6,750 represents unbudgeted
funds received in the current year from CLEAN, Inc. and the carry forward represents Rev-Max
funds. No additional local funds are needed. See attached memo p. 6. The committee recommends
approval. - APPROVED
Upon a motion by Chairman Shickle, seconded by Supervisor Forrester, the above request
was approved by the following recorded vote:
Richard C. Shickle Aye
Barbara E. Van Osten Aye
Gary W. Dove Aye
Bill M. Ewing Aye
Gene E. Fisher Aye
Gina A. Forrester Aye
Lynda J. Tyler Aye
7. The Department of Public Safety Communications requests a General Fund suoolemental
aoorooriation in the amount of $13.500. This amount represents unbudgeted 911 Grant Funds and
is requested to be placed in equipment repair and maintenance. No additional local funds are
needed. See attached memo, p. 7-9. The committee recommends approval. - APPROVED
Upon a motion by Chairman Shickle, seconded by Supervisor Ewing, the above request was
approved by the following recorded vote:
Richard C. Shickle Aye
Barbara E. Van Osten Aye
Gary W. Dove Aye
Bill M. Ewing Aye
Gene E. Fisher Aye
Gina A. Forrester Aye
Lynda J. Tyler Aye
8. The Director of Parks and Recreation requests a General fund suoolemental aoorooriation
in the amount of$14.931. This amount represents funds that were used for the soccer camp and golf
tournament. No additional local funds are needed. See attached memo, p. 10. The committee
recommends approval. - APPROVED
Upon a motion by Chairman Shickle, seconded by Supervisor Forrester, the above request
Minute Book Number 30
Board of Supervisors Regular Meeting of 11/10/04
194
was approved by the following recorded vote:
Richard C. Shickle Aye
Barbara E. Van Osten Aye
Gary W. Dove Aye
Bill M. Ewing Aye
Gene E. Fisher Aye
Gina A. Forrester Aye
Lynda J. Tyler Aye
9. The Superintendent of the Regional Jail requests a Regional Jail Fund suoolemental
aporooriation in the amount of $21.409. This amount represents a property insurance
reimbursement. No additional local funds are needed. See attached memo, p. 11-13. The
committee recommends approval. - APPROVED
Upon a motion by Chairman Shickle, seconded by Supervisor Ewing, the above request was
approved by the following recorded vote:
Richard C. Shickle Aye
Barbara E. Van Osten Aye
Gary W. Dove Aye
Bill M. Ewing Aye
Gene E. Fisher Aye
Gina A. Forrester Aye
Lynda J. Tyler Aye
10. The Superintendent of the Regional Jail requests a Regional Jail Fund suoolemental
appropriation in the amount of$34,307. This amount is needed for professional services related to
the new Work Release Center. See attached memo, p. 14-17. The committee recommends approval.
- APPROVED
Upon a motion by Chairman Shickle, seconded by Supervisor Forrester, the above request
was approved by the following recorded vote:
Richard C. Shickle Aye
Barbara E. Van Osten Aye
Gary W. Dove Aye
Bill M. Ewing Aye
Gene E. Fisher Aye
Gina A. Forrester Aye
Lynda J. Tyler Aye
11. The Superintendent of the Regional Jail requests aoproval for two additional cellular
teleohones. No additional local funds are needed. See attached memo, p. 18. The committee
recommends approval. - APPROVED
Upon a motion by Chairman Shickle, seconded by Supervisor Ewing, the above request was
approved by the following recorded vote:
Richard C. Shickle Aye
Barbara E. Van Osten Aye
Gary W. Dove Aye
Bill M. Ewing Aye
Gene E. Fisher Aye
Gina A. Forrester Aye
Minute Book Number 30
Board of Supervisors Regular Meeting of 11/10/04
195
Lynda J. Tyler
Ayc
12. The Director of Court Services requests a Court Services Fund supplemental
appropriation in the amount of $9.317. This amount is needed to return unspent grant funds. See
attached memo, p. 19. The committee recommends approval. - APPROVED
Upon a motion by Chairman Shickle, seconded by Supervisor Forrester, the above request
was approved by the following recorded vote:
Richard C. Shickle Aye
Barbara E. Van Osten Aye
Gary W. Dove Aye
Bill M. Ewing Aye
Gene E. Fisher Aye
Gina A. Forrester Aye
Lynda J. Tyler Aye
13. The Director of Fire and Rescue requests a General Fund budget transfer in the amount
of$86.625. This amount is needed to cover anticipated overtime expenses through the remainder
of the fiscal year. No additional local funds are needed. See attached memo, p. 20. The committee
recommends approval. Committee member Gary Lofton voted against this request. - APPROVED
Upon a motion by Chairman Shickle, seconded by Supervisor Forrester, the above request
was approved by the following recorded vote:
Supervisor Dove stated that he was voting against this request because it was presented to
the Finance Committee on the day of their meeting rather than submitted prior to their meeting.
There being no further discussion, the above motion was approved by the following recorded
vote:
Richard C. Shickle Aye
Barbara E. Van Osten Aye
Gary W. Dove Nay
Bill M. Ewing Aye
Gene E. Fisher Aye
Gina A. Forrester Aye
Lynda J. Tyler Aye
14. The Director of Planning and Development requests a General Fund supplemental
appropriation in the amount of$75.000. This amount represents a Revenue Sharing Program with
VDOT to install a traffic signal and is to be funded from proffers. No additional local funds are
needed. See attached memo, p. 21. - APPROVED
Upon a motion by Chairman Shickle, seconded by Supervisor Forrester, the above request
was approved by thc following recorded vote:
Richard C. Shickle Aye
Barbara E. Van Osten Aye
Gary W. Dove Aye
Bill M. Ewing Aye
Gene E. Fisher Aye
Gina A. Forrester Aye
Minute Book Number 30
Board of Supervisors Regular Meeting of 11/10/04
196
I
Lynda J. Tyler
Aye
15. The Finance Committee recommends General Fund budgeted revenue transfers in the
amount of$2.127.946. This amount will eliminate the real estate tax deferral that was budgeted for
FY 2005. No additional local funds are needed. See attached memo, p. 22-23. - APPROVED
Upon a motion by Chairman Shickle, seconded by Supervisor Forrester, the above request
was approved by the following recorded vote:
Richard C. Shickle Aye
Barbara E. Van Osten Aye
Gary W. Dove Aye
Bill M. Ewing Aye
Gene E. Fisher Aye
Gina A. Forrester Aye
Lynda J. Tyler Aye
***For Information Only***
1. Information has been included on the Sarbanes-Oxley Act of2002. This topic was first
discussed at last month's meeting. Staff will work on a draft of recommended implementations for
the county to be reviewed at next month's Finance Committee meeting. See attached
correspondence, p. 24-35.
2. The Finance Director is providing a report on fund balance. See attached memo, p. 36.
3. Information from the Shenandoah Valley Discovery Museum requested at last month's
meeting is attached.
PUBLIC HEARING
PUBLIC HEARING - PROPOSED ORDINANCE TO AMEND THE FREDERICK
COUNTY CODE. BY THE ADDITION OF A NEW CHAPTER ENTITLED BIO-
SOLIDS. THE PURPOSE OF THIS PROPOSED ADDITION IS TO MONITOR THE
LAND APPLICATION OF BIOSOLIDS - APPROVED
Administrator Riley advised that the Code and Ordinance Committee, at its October 5, 2004
meeting reviewed the proposed addition of a Biosolids Ordinance to the Frederick County Code.
The purpose and intent of this ordinance was to enable the County to monitor the land application
of biosolids and assess a fee to cover staff time for administering this program. The proposed
ordinance would give the County a local presence with regard to not only monitoring the land
application ofbiosolids, but assisting with citizen concerns and complaints as well. The Committee
unanimously recommended approval of this proposed ordinance and forwarded this item to the
Board of Supervisors for public hearing. Administrator Riley reiterated that this ordinance would
not permit the County to regulate the application ofbiosolids, as this was done by the State. Under
this proposal the County could only monitor the application of biosolids and cover the costs
associated with this monitoring.
Minute Book Number 30
Board of Supervisors Regular Meeting of 11/10/04
197
Chairman Shickle called the public hearing to order.
William Bowman advised that he was for this proposed ordinance. He recommended that
a parenthetical (i.e. Class A biosolids) be added to the last sentence in the purpose and intent section
of the proposed ordinance. He felt this type of regulation was not needed when one went to Lowe's
or another store and purchased pelletized bio-solids.
Paul Anderson, Frederick County Farm Bureau, advised that he had helped the Committee
draft this ordinance and felt it was an excellent document and not cumbersome. He went on to say
that it did not duplicate the state's regulations and encouraged the Board to adopt it.
Greg Hewitt, Stonewall District, stated that he sat on the Committee and was for the
ordinance, but felt it should be amended to except Class A biosolids.
There being no further public comments, Chairman Shickle closed the public hearing.
Chairman Shickle asked if Class A bio-solids could be excluded.
Deputy Director of Public Works Joe Wilder advised that exceptional quality refers to bio-
solids that are purchased in stores; therefore, store bought biosolids were excepted. He went on to
say that Class A was too broad of a classification to except all Class A's.
Administrator Riley recommended that the Board adopt this ordinance as written and if
concerns were expressed then it could be amended in the future.
Deputy Director Wilder stated that he believed the definition was clear regarding the
exclusion of certain biosolids.
Upon a motion by Supervisor Dove, seconded by Supervisor Ewing, the Board adopted the
Biosolids Ordinance and directed staff to do further research regarding store bought biosolids.
BE IT ORDAINED, that the Frederick County Code, be amended by the Addition of a New
Chapter Entitled Biosolids, to read as follows:
BIOSOLIDS ORDINANCE
Purpose and Intent
This ordinance is intended to ensure that the laws and regulations governing the land
application of Biosolids are properly implemented and enforced, and to secure and promote the
health, safety, and welfare ofthe county's citizens; to deter the creation ofa public nuisance and to
prevent pollution of the waters and soils ofthe county related to the land application ofBiosolids.
In carrying out this ordinance, the county will test and monitor the land application ofBiosolids to
agricultural land within the boundaries as authorized by the Code of Virginia Sections 12.5-585-660
through 12.5-585-690, and applicable regulations. This ordinance is intended to address the land
application ofBiosolids in the county and to implement the authority granted to local governments
by Virginia Code Sections 62.1-44.19:3 and Sections 32.1-164.5 et. seq., (to provide for the testing,
Minute Book Number 30
Board of Supervisors Regular Meeting of 11/10/04
198
L
monitoring and enforcement ofland applications ofBiosolids within the political boundaries ofthe
County and to insure compliance with applicable laws and regulations.) This ordinance is not
intended to regulate the land application of animal waste, water treatment plant sludge, the disposal
of sludge at the sanitary landfill, or exceptional quality biosolids marketed or distributed for use
according to Virginia Code Section 12.5-585.
Definitions
Applicator means any person who applies Biosolids pursuant to appropriate permits.
Biosolids means a sewage sludge that has received an established treatment for required
pathogen control and is treated or managed to reduce vector attraction to a satisfactory level and
contains acceptable levels of pollutants, such that it is acceptable for use for land application,
marketing or distribution in accordance with the Virginia Biosolids Use Regulations. (BUR)
Virginia Code 12.5-585-10 October 15, 1997.
Class A Biosolids means a Class I treated sludge with approved control of vector attraction
and acceptable levels of pollutants (Table 8-a, BUR).
Class B Biosolids means a sludge that receives Class I or II treatment for adequate pathogen
control and is treated or managed to properly reduce vector attraction and acceptable level of
pollutants (Table 8-A, BUR).
Exceptional Quality Biosolids means biosolids that have received an established level of
treatment for pathogen control and vector attraction reduction and contains known levels of
pollutants, such that they may be marketed or distributed for public use Virginia Code 12.5-585-520.
Sewage Sludge means any solid, semi solid, or liquid residues, which contain materials
removed from municipal or domestic wastewater during treatment including primary and secondary
residues.
Incorporation means the disking or tilling ofBiosolids into the soil.
Land Application ofBiosolids means the spreading, placing and application ofBiosolids at
managed agronomic rates in accordance with an established program for application of nutrients on
land use for agriculture.
Virginia Nutrient Management Plan means a plan prepared by a person who is certified by
the Virginia Department of Conservation and Recreation as a nutrient planner and otherwise meeting
the requirements set forth by the state law and regulation.
Owner means a person or entity that holds legal title, equitable, a leasehold interest or the
right of possession or control over land.
Temporary storage facilities means any facility designed to store Biosolids for a short period
of time and shall include, but not be limited to, above ground and underground storage.
Permit Holder means an individual or firm that holds a permit issued by the Virginia
Department of Health (VDH) for the application of Biosolids in Frederick County.
Permit means an authorization granted by the authority of the Commonwealth of Virginia
to apply land Biosolids.
Biosolids Monitor
There is hereby established the position of a Biosolids Monitor, who shall be an employee
or agent fo the county, either full-time or part-time, charged with the responsibility of ensuring that
the land application of Biosolids is conducted in accordance with this ordinance and applicable
Minute Book Number 30
Board of Supervisors Regular Meeting of 11/10/04
199
Federal and State laws and regulations. The Biosolids monitor shall review permit modifications
related to the application ofbiosolids; maintain an accurate filing system depicting the location of
all permitted biosolids application sites in the county; perform field inspections during the
application of biosolids and initiate field and laboratory testing of sites.
The Biosolids Monitor shall have the authority to order the abatement of any violation of the
state law or regulation. The abatement order shall identify the activity constituting the violation:
specify the code provision or regulation violation by the activity and order cessation and correction
ofthe violation.
The Biosolids monitor may request that the Virginia Department of Health (VDH) suspend
or revoke the Permit Holder's application to apply Biosolids on a specific site in the county or in the
entire county.
Complaint Response
A. The Biosolids Monitor shall notify the Virginia Department of Health, the Applicator or
Permittee and the Owner of all complaints concerning the land Application ofbiosolids.
B. The Biosolids Monitor shall notify the Permittee of any failure to follow the
requirements of the Permit resulting in the improper application of Biosolids or in the
spillage ofBiosolids onto public streets or right-of-ways or on property outside the area
authorized by the permit.
C. The Permittee shall respond the undertake appropriate corrective action for improperly
applied Biosolids, or to clean up Biosolids spilled onto public streets, roadways or other
unpermitted areas, immediately upon receiving such notification.
D. In the event that the Permittee does not respond the notification of spillage or improper
application and the County conducts the cleanup of Biosolids, the Permittee shall
compensate the County for the actual costs of such cleanup.
E. The Permittee is responsible for ensuring that the tracking of Biosolids from land
application sites onto public roads is minimized and that Biosolids that are dragged or
tracked out from land application sites are promptly removed from public roads and
highways.
Reimbursement
The Biosolids Monitor shall submit requests for reimbursement on behalf of the county for
costs and expenses of testing and monitoring land applications, and related expenses as are
allowable by applicable state law, regulations, manuals, guide and procedures.
Notification
The permit applicant for thc land application of Biosolids in Frederick County's Rural
Agricultural Districts shall notify in writing the Biosolids Monitor of such application; said notice
shall include:
A. The name, address and telephone number of the Permit Holder, including the name,
address and telephone number ofa representative knowledgeable of the permit.
B. The Tax Map numbers of the parcels where land application will occur.
C. The names of the Owners of the property where land application will occur.
D. The estimated dates on which land application will occur and the duration ofthe planned
activity.
Minute Book Number 30
Board of Snpervisors Regular Meeting of 11110/04
200
E. A copy ofthe current state permit and other state and federal permits authorizing the land
application of Biosolids.
F. A copy of a Nutrient Management Plan as required by state law and regulations.
G. Information on proposed haul routes and alternative haul routes delineated on a County
Map.
H. The Biosolids Monitor shall review the documentation provided with the notice and shall
notify the applicant in writing of any deficiencies in the submittal within ten (10)
business days of receipt. The applicant will have ten (10) business days to correct the
deficiencies and resubmit the correction to the county unless otherwise permitted by the
county in writing.
1. The Biosolids Monitor, with the aid of the applicator, will notify adjacent property
owners of application at the time a modification is issued. Signs will be posted in the
area at least 48 hours before B iosol ids applications occur. A Biosolids phone line, listing
areas expecting application will be available to citizens.
General Requirements for Land Application of Biosolids.
A. It shall be unlawful to dispose, dump, spread, place or permit the disposal, dumping,
spreading or placement of biosolids on land in the county without a permit from the
Virginia Health Department and in accordance with all applicable state, local and federal
laws and regulations.
B. No owner of land shall permit such dumping, disposal, spreading or placement 0
Biosolids on any land in the county under such person's ownership, possession or
control, without such permit.
C. Biosolids otherwise permitted for land application under this article may only be applied
to agricultural, forestry Silva culture and land reclamation areas.
D. This section shall not apply to the placement ofBiosolids in a sanitary landfill permitted
by the Commonwealth of Virginia for such purposes and constructed and operated in
accordance with all applicable federal, state and local requirements.
Penalties and Enforcement.
A. Whoever violates any provisions ofthis chapter shall be guilty of a Class I Misdemeanor
as defined by the Code of Virginia, as amended. Each day during which any violation
is committed or exists shall constitute a separate offense.
Effective Date.
This ordinance shall be effective immediately. Any land application that is in progress on
the date this ordinance is adopted, and any land application that was scheduled before the effective
date of this ordinance, shall be deemed in compliance with this ordinance provided that application
is completed within thirty days after the effective date of this ordinance.
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
Gene E. Fisher Aye
Minute Book Nnmber 30
Board of Supervisors Regular Meeting of 11/10/04
201
Gina A. Forrester
Lynda J. Tyler
Aye
Aye
PLANNING COMMISSION BUSINESS
PUBLIC HEARING
PUBLIC HEARING - CONDITIONAL USE PERMIT #14-04 OF CINGULAR
WIRELESS - SHENANDOAH UNIVERSITY, FOR A TELECOMMUNICATIONS
FACILITY. THIS PROPERTY IS LOCATED AT 1122 RALPH SHOCKEY DRIVE
AND IS IDENTIFIED WITH PROPERTY IDENTIFICATION NUMBER 64-A-110
IN THE SHAWNEE MAGISTERIAL DISTRICT - APPROVED
Chairman Shickle and Supervisor Fisher recused themselves from the discussion and
decision relative to this application as they had a conflict of interest due to their being employed by
Shenandoah University. Chairman Shickle turned the meeting over to Vice-Chairman Van Osten.
Zoning and Subdivision Administrator Mark Cheran appeared before the Board on behalf
of this item. He advised that this application was for the construction of a 125-foot commercial
telecommunications facility. The property is zoned HE (Higher Education) Zoning District and is
located in the Shawnee Magisterial District. There were no adverse agency comments. The proposed
antennae would be co-located on a light pole at Shentel Stadium. Zoning Administrator Cheran
went on to say that the applicant had adequately addressed the requirements of the Zoning
Ordinance. The Planning Commission reviewed this application at its October 20,2004 meeting and
recommended approval with the following conditions:
1. All Frederick County Zoning Ordinance requirements and review agency comments
shall be addressed and complied with at all times.
2. The tower shall be available for collocating personal wireless services providers.
3. A minor site plan shall be approved by Frederick County.
4. The tower shall be removed by the applicant or property owner within 12 months of
abandonment of operation.
5. In the event a telecommunications tower is not erected within 12 months of the approval
ofthis conditional use permit, this conditional use permit will be deemed to be invalid.
6. A certified Virginia engineer shall provide verification that the tower is designed and
will be constructed in a manner that should the tower collapse for any reason, the
collapsed tower will be contained in an area around the tower with a radius equal to or
lesser than the setback, measured from the center line of the base of the tower.
7. Lighting located on the tower shall not be higher than 55 feet.
He concluded by saying that representatives from Cingular Wireless were present to answer any
questions the Board might have.
Minute Book Number 30
Board of Supervisors Regular Meeting of 11/10/04
202
Supervisor Tyler asked ifthis structure would replace an existing light pole or would it attach
to an existing pole.
Supervisor Forrester asked ifthis tower would be available for Emergency Services use.
Carl Nelson, Cingular Wireless, advised that the applicant has a good neighbor policy and
would be amenable to working with Emergency Services, ifthere was a need. He went on to say
that the proposed structure would replace an existing pole.
Vice-Chairman Van Osten convened the public hearing.
There were no public comments.
Vice-Chairman Van Osten closed the public hearing.
Upon a motion by Supervisor Tyler, seconded by Supervisor Dove, the Board approved
Conditional Use Permit #14-04.
Supervisor Forrester requested that the motion be amended to include the provision that
approval is subject to the need and working with the applicant on locating Emergency Services
antenna on this site.
Both Supervisors Tyler and Dove were agreeable to this amendment.
The amended motion was approved by the following recorded vote:
Richard C. Shickle
Barbara E. Van Osten
Gary W. Dove
Bill M. Ewing
Gene E. Fisher
Gina A. Forrester
Lynda 1. Tyler
Absent for Vote
Aye
Aye
Aye
Absent for Vote
Aye
Aye
(Chairman Shickle and Supervisor Fisher returned to the meeting.)
PUBLIC HEARING - CONDITIONAL USE PERMIT #19-04 OF ROCKY
KEPLlNGER. FORA PUBLIC GARAGE WITH BODY REPAIR. THIS PROPERTY
IS LOCATED AT 161 WOODCHUCK LANE (ROUTE 654) AND IS IDENTIFIED
WITH PROPERTY IDENTIFICATION NUMBER 52-A-262-B IN THE BACK
CREEK MAGISTERIAL DISTRICT - APPROVED
Planner 1 David Beniamino appeared before the Board on behalfthis item. He advised that
this was an application for a conditional use permit for a public garage: emergency service vehicle
repair. The property is zoned RA (Rural Areas) District and is located in the Back Creek Magisterial
District. Planner I Beniamino advised that all repairs would be performed inside a structure and that
the applicant has an existing Conditional Use Permit for the same type of use on a property located
Minute Book Number 30
Board of Supervisors Regular Meeting of 11/10/04
203
near the proposed site. The Planning Commission reviewed this application at its October 6, 2004
meeting and recommended approval with the following conditions:
1. No more than five vehicles for sale shall be located on site at anyone time. All vehicles
for sale shall be associated with Emergency Services.
2. No more than ten vehicles awaiting repair shall be located on site at anyone time.
3. No more than 20 employee and company-owned vehicles shall be located on site at any
one time.
4. A buffer amounting to either a six-foot opaque fence or a double row of evergreens will
be provided along the northern property line.
5. Any proposed business sign shall conform to the Cottage Occupation sign requirements
and will not exceed four square feet in size.
6. A minor site plan will be required, if the cumulative square footage of the structure on
the site surpasses 20,000 square feet.
7. No more than 12 employees will be associated with this conditional use permit.
8. Any expansion or modification of this use shall require approval of a new conditional
use permit.
He concluded by saying that the applicant was present to answer any questions.
Supervisor Ewing asked if the 20 employee and company owned vehicles included the
vehicles for the 12 employees.
Planner 1 Beniamino responded yes.
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 Forrester, the Board
approved Conditional Use Permit #19-04 by the following recorded vote:
Richard C. Shickle Aye
Barbara E. Van Osten Aye
Gary W. Dove Aye
Bill M. Ewing Aye
Gene E. Fisher Aye
Gina A. Forrester Aye
Lynda J. Tyler Aye
PUBLIC HEARING - CONDITIONAL USE PERMIT #23-04 FOR CANDY HILL
CAMPGROUND, TO EXPAND THE EXISTING CONDITIONAL USE PERMIT.
THIS PROPERTY IS LOCATED ON ROUTE 50 WEST, ONE BLOCK WEST OF
ROUTE 37, ON WARD AVENUE (ROUTE 1317), AND IS IDENTIFIED WITH
PROPERTY IDENTIFICATION NUMBER(S) 53-A-86A AND 53-A-86B IN THE
BACK CREEK MAGISTERIAL DISTRICT - APPROVED
Minute Book Number 30
Board of Supervisors Regular Meeting of 11/10/04
204
Planner I David Beniamino appeared before the Board on behalf of this item. He advised
that this was an application to expand an existing conditional use permit for a proposed pavilion
expansion inside the existing campground. The property is zoned RA (Rural Areas) District and is
located in the Back Creek Magisterial District. The proposed expansion would include two
handicap accessible restrooms and showers and a kitchen for serving meals for campground patrons.
The Planning Commission reviewed this application at its October 20, 2004 meeting and
recommended approval with the following conditions:
1. All review agency comments and requirements shall be complied with at all times.
2. No off-site catering will be allowed in conjunction with this conditional use permit.
3. A minor site plan will be submitted to show proposed improvements and must conform
to agency comments; the minor site plan shall be approved by the County prior to any
construction activity.
4. All conditions of Conditional Use Permit #21-79 shall continue to remain in effect.
Please see the attached conditions.
5. Any further expansion will require a new conditional use permit.
Staffs recommendation originally contained a condition which stated "pavilion shall be used only
in conjunction with campground activities and by campground guests"; however, the Planning
Commission removed this condition when making their recommendation. Planner I Beniamino
stated that the Health Department sent a letter recommending that this condition be re-added to the
conditions for approval.
Carl Littman, applicant, appeared before the Board. He advised that he would like to be able
to host groups and civic organizations for meals and events. He stated that the Health Department
was looking to limit the possibility of a restaurant permit, but did not want to limit the ability to host
outside groups.
Planner I Beniamino stated that the Board might want to include a number of gatherings per
year in its approval.
Chairman Shickle stated that he had trouble with over regulation.
Chairman Shickle convened the public hearing.
Rocky Keplinger, Back Creek District, stated that Mr. Littman ran a fine, clean
organization. He felt any restrictions on the pemlit should be for the number of people the
campground could hold and that the building and septic system could handle.
Minute Book Number 30
Board of Supervisors Regular Meeting of 11/10/04
205
There being no further public comments, Chairman Shickle closed the public hearing.
The Board favored the Planning Commissions recommendation.
Supervisor Dove stated that he would like to amend condition number 2 to read "No off-site
catering or commercial food preparation...".
Upon a motion by Vice-Chairman Van Osten, seconded by Supervisor Dove, thc Board
approved Conditional Use Permit #23-04 as recommended by the Planning Commission, with the
addition of" or commercial food preparation..." to condition #2.
The above motion was approved by the following recorded vote:
Richard C. Shicklc Aye
Barbara E. Van Osten Aye
Gary W. Dove Aye
Bill M. Ewing Aye
Gene E. Fisher Aye
Gina A. Forrester Aye
Lynda J. Tyler Aye
PUBLIC HEARING - REZONING #10-04 OF A.P.R. MINI-STORAGE. LLC,
SUBMITTED BY FOLTZ LAND SURVEYING. TO REZONE 2.5473 ACRES FROM
RA (RURAL AREAS) DISTRICT TO Bl (NEIGHBORHOOD BUSINESS)
DISTRICT. AND 10.1134 ACRES FROM RA (RURAL AREAS) DISTRICT TO B2
(GENERAL BUSINESS) DISTRICT. THIS PROPERTY IS LOCATED ON THE
NORTH SIDE OF ROUTE 776 ABOUT 500 FEET EAST OF THE INTERSECTION
WITH ROUTE 522. AND IS IDENTIFIED BY PROPERTY IDENTIFICATION
NUMBER (PIN) 64B-A-38. IN THE SHAWNEE MAGISTERIAL DISTRICT -
POSTPONED AT APPLICANT'S REQUEST
Tabled at the request of the applicant until December 8, 2004 meeting.
PUBLIC HEARING - REQUEST OF ROY AND LORETTA MCDONALD TO
REMOVE A TEN ACRE PORTION FROM THE SOUTH FREDERICK
AGRICULTURE AND FORESTAL DISTRICT. THE TEN ACRE PORTION IS
IDENTIFIED AS PROPERTY IDENTIFICATION NUMBER 84-A-47B. LOCATED
ON HITES ROAD (ROUTE 625). IN THE BACK CREEK MAGISTERIAL
DISTRICT - APPROVED
Planner I David Beniamino appeared before the Board on behalf of this item. He advised
that this was a request from Roy and Loretta McDonald to remove a ten acre portion from the South
Frederick Agriculture and Forestal District. The applicants have expressed a need to sell a portion
of their land for residential uses in order to continue farming the rest of their land. Section 15.2-
4314 of the Code ofVir~inia. 1950. as amended, provides property owners with the ability to request
removal of land from an agricultural and forestal district through a public process via the local
governing body.
The Agricultural District Advisory Committee considered this request during its June 3,2004
Minute Book Number 30
Board of Supervisors Regular Meeting of 1l/10/04
206
meeting and recommended approval. The Planning Commission considered this request at a public
hearing at its October 20, 2004 meeting and recommended approval.
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 Tyler, the Board
approved the request from Roy and Loretta McDonald to remove a ten acre portion from the South
Frederick Agriculture and Forestal District identified as property identification number 84-A-47B.
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
Gene E. Fisher Aye
Gina A. Forrester Aye
Lynda J. Tyler Aye
PUBLIC HEARING - PROPOSED ORDINANCE AMENDMENT TO THE
FREDERICK COUNTY CODE: CHAPTER 165. ZONING: ARTICLE V. RA
(RURAL AREAS) DISTRICT: SECTION 165-50. PERMITTED USES. TO INCLUDE
LOCAL GOVERNMENT SERVICES OFFICE USE IN THE RA (RURAL AREAS)
ZONING DISTRICT - APPROVED
Zoning and Subdivision Administrator Mark Cheran appeared before the Board on behalf
of this item. He advised that the Development Review and Regulations Subcommittee (DRRS), at
its meeting on September 23, 2004, discussed adding local government services office use as a
permitted use in the RA Zoning District. Section 165-50 ofthe Frederick County Zoning Ordinance
currently allows schools, post offices, fire and rescue stations, and public utilities. Local
government services offices would be owned, leased or operated by Frederick County for services
to the public in general.
The Planning Commission reviewed this proposed amendment at its November 3, 2004
meeting and following a public hearing, recommended approval.
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
Minute Book Number 30
Board of Supervisors Regular Meeting of 11/10/04
207
approved the Ordinance to amend Chapter 165, Zoning; Article V, RA (Rural Areas) District;
Section 165-50, Permitted Uses to include Local Government Services Office Use.
WHEREAS, an ordinance to amend Chapter 165, Zoning, Article V, RA Rural Areas
District, Section 165-50, Permitted Uses, to include local government services office use in the RA
(Rural Areas) Zoning District. This amendment was considered by the Planning Commission and
the Development Review and Regulations Subcommittee (DRRS) during their regularly scheduled
meetings; and
WHEREAS, the Development Review and Regulations Subcommittee (DRRS)
recommended approval of this amendment on September 23,2004; and
WHEREAS, the Planning Commission held a public hearing on this ordinance adoption on
November 3, 2004; and
WHEREAS, the Board of Supervisors held a public hearing on this ordinance adoption on
November 10,2004; and
WHEREAS, the Frederick County Board of Supervisors finds the adoption ofthis ordinance
to be in the best interest of the public health, safety, welfare, and in good zoning practice;
NOW, THEREFORE, BE IT ORDAINED by the Frederick County Board of Supervisors
that Chapter 165, Zoning, Article V, RA Rural Areas District, Section 165-50, Permitted Uses, is
amended to include local government services office use in the RA (Rural Areas) Zoning District.
This amendment is amended as described on the attachment.
Proposed Definition:
Local Government Services Office - Offices and accessory facilities owned, leased, or operated by
local government agencies for services to the public in general.
Proposed Amendment. Section 165-50 BB:
BE. Local government services office.
This ordinance shall be in effect on the day of adoption.
The above motion and ordinance were approved by the following recorded vote:
Richard C. Shicklc Aye
Barbara E. Van Osten Aye
Gary W. Dove Aye
Bill M. Ewing Aye
Gene E. Fisher Aye
Gina A. Forrester Aye
Lynda J. Tyler Aye
PUBLIC HEARING - REQUEST SUBMITTED BY PATTON. HARRIS. RUST. AND
ASSOCIATES. TO INCLUDE APPROXIMATELY 178 ACRES OF LAND INTO
THE SEWER AND WATER SERVICE AREA (SWSA). THE PROPERTIES ARE
LOCATED ON THE WEST SIDE 0 FRONT ROYAL PIKE (ROUTE 522). SQUTH
OF TASKER ROAD. ADJACENT TO THE EASTGATE COMMERCE CENTER.
THE SUBJECT PROPERTIES ARE IDENTIFIED BY PROPERTY
IDENTIFICATION NUMBERS 76-A-42. 76-A-53. 76-A-53G. 87-A-3I. 87-A-34. 87-A-
34B. 87-A-334A. 87-A-35. 87-A-36. 87-A-37. 76-A-53E. 76-A-53F. 76-A-53A. AND 76-
A-48A IN THE SHAWNEE MAGISTERIAL DISTRICT - APPROVED
Minute Book Number 30
Board of Supervisors Regular Meeting of 11/10/04
208
Senior Planner Susan Eddy appeared before the Board on behalf of this item. She advised
that this was a request to expand the Sewer and Water Service Area by 178 acres. The property is
located in the Shawnee Magisterial District. She stated that most of the proposed site was already
in the Sewer and Water Service Area. The proposed parcels are not included in any ofthe small area
plans or studies and have been identified for industrial and business use. Staff has proposed to
extend the Sewer and Water Service Area boundary to clean up the discrepancy in the existing
boundary location and to resolve any uncertainty. The new boundary will follow roads and property
lines. She went on to say that the Planning Commission considered this application and
recommended approval ofthis proposed expansion. She concluded by saying that the applicant was
present to answer any questions.
Chuck Maddox, Patton, Harris, Rust, and Associates, appeared before the Board on behalf
of the applicant. He advised that the applicant concurred with staffs recommendation and would
appreciate approval of this request.
Chairman Shickle convened the public hearing.
There were no public comments.
Chairman Shickle closed the public hearing.
Upon a motion by Supervisor Fisher, seconded by Supervisor Forrester, the Board approved
the request submitted by Patton, Harris, Rust, and Associates to include approximately 178 acres
ofland into the Sewer and Water Service Area (SWSA).
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
Gene E. Fisher Aye
Gina A. Forrester Aye
Lynda 1. Tyler Aye
OTHER PLANNING ITEMS
DISCUSSION ITEMS - FORESIGHT MIDDLETOWN LAND USE PLAN
Planning Director Eric Lawrence appeared before the Board on behalf of this item. He
reviewed the proposed Foresight Middletown - Land Use Plan. The town developed a
comprehensive plan to reflect the shared view of the town. The plan was submitted to Frederick
Minute Book Number 30
Board of Supervisors Regular Meeting of 11/1 0/04
209
County for consideration and to have it adopted as part of the County's comprehensive plan. The
plan recognizes that the town is at its limits and there are not a lot opportunities for growth. The
town is interested in working on a boundary line adjustment on the north side of town from the town
limits to just south of Lord Fairfax Community College and to the south of town to pick up some
industrial users. This expansion would permit the town to extend its grid systems. There is no
interest in looking to expand the eastern or western boundaries ofthe town. He concluded by saying
that staff was looking for direction as to how the Board would like to proceed with this item.
Administrator Riley advised that staff could work with the Town to develop ajoint land use
plan and research the implementation of a voluntary settlement agreement.
Vice-Chairman Van Osten and Supervisor Ewing volunteered to serve as the Board liaisons
and participate in this process.
The Board consensus was to move forward with the development of a joint land use plan.
BOARD LIAISON REPORTS
Vice-Chairman Van Osten advised that she has been working with the Conservation
Easement Committee, which has been meeting on a monthly basis. She would like the Board to hold
a work session in January to discuss this issue with committee.
CITIZEN COMMENTS
There were no citizen comments.
BOARD OF SUPERVISORS
Supervisor Tyler stated that she was glad Supervisor Ewing was back.
Supervisor Dove asked about the status of the Committee to study consolidation of
city/county services.
Chairman Shickle advised that he has several possible members, but he had not had an
opportunity to meet with City Council President Charlie Gaynor to discuss this issue further. He
stated that, once the initial committee was established, all of the Board members would have an
opportunity to work with the various subcommittees.
Vice-Chairman Van Osten stated that she and Supervisor Dove attended an existing industry
tour sponsored by the Economic Development Commission. She commended the school system for
all it was doing with regard to career and technical education.
Minute Book Number 30
Board of Supervisors Regular Meeting of 11/10104
210
ADJOURN
UPON A MOTION BY SUPERVISOR EWING, SECONDED BY SUPERVISOR
FORRESTER, THERE BEING NO FURTHER BUSINESS TO COME BEFORE THIS
BOARD, THIS MEETING IS HEREBY ADJOURNED. (9:10 P.M.)
\Lc_Q ~ Q Q,,)
Richard C. Shickle
Chairman, Board of Supervisors
Jo
Cl
Minutes Prepared By: (h" n c,~' PA L
~
Deputy Clerk, Board of Supervisors
Minute Book Number 30
Board of Supervisors Regular Meeting of 11/10104