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October 09, 2002 Regular Meeting 258 A Regular Meeting of the Frederick County Board of Supervisors was held on October 9, 2002, 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; Robert M. Sager; Margaret B. Douglas, Sidney A. Reyes; Gina A. Forrester; and Lynda J. Tyler. ABSENT W. Harrington Smith, Jr., absent due to illness. CALL TO ORDER Chairman Shickle called the meeting to order. INVOCATION Supervisor Sager delivered the invocation in absence of a minister. PLEDGE OF ALLEGIANCE ADOPTION OF AGENDA Administrator Riley advised he had two items: 1. The School Board and the Planning Commission have both requested a worksession with the Board. 2. Include the executed MPO from WinchestcrCity Council advising their amendments are highlighted and the County's version is under Tab E. Supervisor Sager, advised that pursuant to Attorney Ambrogi's letter, he would request to have Tab F (Request from Supervisor Forrester to Amend the Frederick County Sanitation Authority's Charter to Require Admission ofthe Board Liaison to the Authority's Closed Session) removed from the agenda, ifthis is the appropriate procedure. Supervisor Sager moved to have Tab F removed from the agenda and to include Administrator Riley's amendments as requested earlier. Supervisor Douglas seconded the motion. The above motion was approved by the following recorded vote: Richard C. Shickle - Aye W. Harrington Smith, Jr. - Absent Robert M. Sager - Aye Margaret B. Douglas - Aye Sidney A. Reyes - Nay Lynda J. Tyler - Aye Gina A. Forrester - Nay Minute Book Number 28 Board of Supervisors Meeting of 10/09/02 259 CONSENT AGENDA Administrator Riley suggested the following tabs for approval under the conscnt agenda: I. Canccllation of Board Meetings for the 2002 Holiday Season - Tab B; 2. Proclamation proclaiming Novembcr as National Adoption Month - Tab C; 3. Subdivision Waiver Request of John and Lois Slatcr - Tab M; 4. Subdivision Waiver Request of Robert Simmons - Tab N. Upon motion madc by Supcrvisor Sagcr, sccondcd by Supervisor Douglas, the consent agenda was approved by the following recorded vote: Richard C. Shickle - Ayc W. Harrington Smith, Jr. - Absent Robert M. Sager - Aye Margaret B. Douglas - Ayc Sidney A. Reyes - Aye Lynda J. Tylcr - Aye Gina A. Forrester - Aye CITIZEN COMMENTS Joseph Whitehorn, President of Cedar Creek Battlefield Foundation, and member of faculty of Lord Fairfax Community College, asked the Board for their endorsement of this request which is on the Board agenda for this meeting. He further advised that their donor base has basically dried up for various reasons. He advised they were able to make their requircd note payment, but not interest for their last payment and he can see this compounding as things go on. He feels Cedar Creek has been a very positive economic asset for the County. He feels they are a very good investment for the County, and thanked the Board for their consideration of this request. Dr. Stanley Hershberg, advised for the past fourteen years he has worked to protect and preserve Cedar Creek Battlefield. At that time a non profit group was organized to work toward saving the 158 acres from becoming an industrial park. Since then nearly, 3/4 of a million dollars has been raised to protect this site. He referred to the annual re enactment held at the site in October and tourism generated from this weekend. He urged the Board to support the matching grant request of$116,500 for the Cedar Creek Battlefield Foundation. It is good for Frederick County, it is good for Virginia, and it is good for our Nation. Jim Hodgson, Stonewall District, advised that he thought the Winchester Star came pretty close today in saying they had been wrong about Supervisor Forrester, and he feels she is right. He addressed the water situation in the County and the fact that he has been called by several of his Minute Book Number 28 Board of Supervisors Meeting of 10/09/02 260 neighbors telling him that their wells have gone dry. He addressed Belle Grove and the fact that he used to farm this land. He advised of what he understood Shenandoah County received in grants for Tourism, probably three to four times more than Frederick County. He feels the future around here is in Tourism. Suzanne Chilson, Executive Director of Cedar Creek Battlefield Foundation, appeared before the Board and read a letter basically endorsing what Joseph Whitehorn and Dr. Hershberg had said. Marie Straub, Planning Commissioner, Red Bud District, advised that she came here from the eastern part of the state looking for a better quality oflife and she finds history repeating itself every time the Board approves another subdivision, increases the size of the UDA and extends SWSA. She feels this is done with little or no regard to the effect on roads, schools, taxes, emergency services and natural resources. She advised Frederick County is no longer Mayberry with a population of over 60,000 and that all view points deserve to be heard. She further advised it has been said, that ifit is not broke, then don't fix it. She respectively submits to the Board that it is broke and it needs fixing. She referred to the meeting when the agenda was not followed and the "Citizen Comment" portion was heard at 6:30 P.M. rather than the scheduled time of7:15 P.M. We have a representative form of govemment, let all the people be represented and heard. If not all of the citizens are invited to the table, none are served. Mike Savory, resident of City of Winchester, is an advocate for children with disabilities, and was present to speak on behalf of many county constituents. He advised that most ofthe parents he works with have already gone through two or three processes with the local schools. They usually have an lAP in the county schools. The lAP stipulates certain services and accommodations that the students are supposed to have; however, they are not being implemented. He advised at a recent lAP meeting an attorney was present, and this is highly discouraged from all forms of law. He further advised local, state and federal taxes help to pay for these lawyers. The parents have no recourse to hire advocates or to hire lawyers unless they do it on their own. He has spoken to the elected school board and was told that they had a policy stating that he was not allowed to speak, yet they could not produce this policy. He told them this is illegal and they did not have the right to tell him he could not speak. The question is why can attorneys show up and be paid for by the County, yet the parents do not have the same recourse. He asked the Board to consider forming a committee and allocating funds to allow parents to be able to hire advocates and lawyers to represent them anytime the school Minute Book Number 28 Board of Supervisors Meeting of 10/09/02 261 decides they would like to bring in a lawyer. Dan Johnson is the father of two special need's children. There are a number of problems in dealing through the school system. There is a need for an allocation to help parents who cannot afford to hire them on their own. If the County school system hires a lawyer for whatever reason they deem necessary and the parents are unable to afford a lawyer, it seems unfair that the County can use the taxpayers money to do this, and he is the taxpayer, why are there not some funds available to him to hire an attorney to represent his children? Bill Shepherd, Gainesboro District, advised that we have water problems in the County, and the recent vote to extend the northeast SWSA will only add to those problems. FCSA and their contractor SAle should be called on to account for and defend their reasoning and methods at the upcoming water workshop. If this is just a dispute between seientists, then let's get SAIC here to dispute Dr. Burbey's eonclusions. They should tell us exactly where and why they disagree with Dr. Burbey. Butch Fravel, Opequon District, Vice President of Cedar Creek Battlefield Foundation, advised they are the oldest Civil War Preservation Organization in the Shenandoah Valley. He further advised that in the thirteen years they have been in business, and they have carried approximately $2 million worth of debt each ofthese years. He asked the Board for their favorable consideration of their proposal before them at tonight's meeting. Sam Lehman, Back Creek District, is opposed to the MPO that he has been reading about. Frederick County has 98% of the land of Winchester and Frederick County. It also has the vast majority ofthe roads, probably has the least amount of traffic lights which are eosting us a $100,000 a pop these days. He feels this Board was elected to manage as much as possible ofthe government activity and spending in Frederiek County, and he does not like to see that diluted. Phil Griffin, resident of City of Winchester and member of Handley Regional Library Board, serving Winchester, Frederick and Clarke County thanked the Board for the opportunity they have given him along with the City of Winchester and Clarke County to serve on this Board since 1993. He feels the library has had good years for the last nine. Bill Daily, Back Creek District, and President of RAID. He advised the Board that he would like to address them concerning the Middletown Boundary Adjustment which he feels will be presented to the Board in the very near future. He addressed the area included in this boundary Minute Book Number 28 Board of Supervisors Meeting of 10/09/02 262 adjustment. He advised this was brought before the citizens of Middletown approximately one year ago and a number of the citizens speaking at the meeting were not happy with the way the officials ofthe town had chosen to handle this request. A VISION committee has bccn formed and has been working on a number of issues. He further advised that the majority of citizens responding to the survey said no to the proposed boundary adjustment. He feels the Board needs to know the impact the boundary adjustment will have on the taxpayers of Frederick County. He does not believe the Middletown Government has the knowledge or information to perform the request he has made to the Board. The town is in a unique historical position and should be protected. He is confident that will happen in Frederick County. He has no confidence that it will happen in Middletown. Jim Giraytys, Back Creek District, thanked Supervisor Reyes and Douglas for attending the meeting held at Relief Church recently with regard to the current water situation in the County. He asked the Board to consider two points for the upcoming worksession with the Sanitation Authority. He agrees entirely with Governor Warner's statement that appeared in the Winchester Star within the past few days dealing with the current drought, especially the parts that say we still have much to do. He feels that we can take pro active measures to help us understand how drought comes about and how to deal with it in the future. He does not feel the USGF report that is due out in about a year will answer the question is there sufficient water. He feels the Sanitation Authority is moving in the right direction in that the study and planning are in place. He does feel there are other issues with the Authorities that need to be dealt with such as voting, funding, etc. Cindy Rockwell, resident of Middletown, feels the government officials of Middletown are conducting business in ways that can be expressed business as usual, the way we have always done it, and the best interest ofthe town, etc., etc. She feels the current methods of conducting business are often in direct violation of the Virginia Freedom of Information Act (ForA). She feels their intent is to just get by with the absolute minimum legal requirement and not make sufficient changes embracing the spirit ofFOIA. She feels most of their efforts are focused on how they can avoid their input altogether. She feels the town citizens are not kept apprized of what is going on with town business. Kevin Kennedy, Gainesboro District, referrcd to the Board meeting of September 25, and the change in when the Citizen Comment was scheduled and the fact that it was conducted at 6:30 P.M., and asked why this was done. Thanked Supervisor Forrester for once again raising the water issue. Minute Book Number 28 Board of Supervisors Meeting of 10/09/02 263 Thanked Supervisor Douglas for proposing the water worksession, as he feels there will be many questions. Referred to articles in the local paper and the fact it has reported that the County is still buying 3/4 of its water from the City of Winchester, and therefore he feels the quarries are not recharging. Mr. Fall, Back Creek District, downsize, to reduce in size, to undergo a reduction in size. He told the Board that is all they need to do to bring the Frederick County budget into balance. He asked the Board if they had any questions. You know what to do. Vickie West, Back Creek District, advised the Chairman that she had two separate topics, would she have three minutes for each or three minutes for the two. The Chairman replied that she had three minutes. She referred to the water meeting held at Relief Church in which Supervisor Reyes and Douglas attended. She further advised there were approximately eighty-five people in attendance and all are opposed to production wells in Frederick County. She advised Supervisor Douglas that she has been directed by those citizens to request that she put forth a resolution to the Board of Supervisors to stop exploratory drilling of production wells in rural Frederick County. She further advised that Save the Water is holding another public meeting on the advantages and disadvantages of spraying biosolids in Frederick County. There are many residents in the Back Creek and Gainesboro who are very concerned about this spraying and the health issues that this brings. Pam Kennedy, Gainesboro District, addressed the events of September 11, 2001, and how the many ways it has affected the citizens ofthe United States, and a phrase that have emerged from this period and has lodged in our popular culture, "Let's Roll." Again, this phrase possesses different meanings depending upon ones perspective. Why should Frederick County expand, are we really expanding our tax base, are we really making this an improved place in which to live, do the facts tell us this? Mike McMillan, Opequon District, addressed the two expansions of the SWSA, one is the decision making responsibility and the other is an independent audit. The audits have recognized there are flaws in the projections that SWSA organization has used in the past. He asked who is responsible for insuring the County's rate of growth does not surpass water availability, is it the Board of Supervisors or is it Mr. Jones. He addressed who has the direct knowledge of the results of independent audits as that is the purpose of an independent audit to insure that all facts are made Miuute Book Number 28 Board of Supervisors Meeting of t 0/09/02 264 available to the governing body. It is not up to Mr. Jones to make his own interpretations for the Board of independent audits, and it is the Board's responsibility, not his. George Sempeles, Red Bud District, stated all the Board has heard tonight is slow growth - no growth people. He referred to the matter dealing with Supervisor Forrester and her request for the liaison to be able to attend closed sessions ofthe Sanitation Authority. He stated that ifhe was not mistaken, this Board approved the Rutherford Farm as an industrial park for water and sewer and now you want to turn around and deny that, it doesn't make sense. SUPERVISOR DOUGLAS RESPONDS TO REOUEST FOR RESOLUTION ON THE DRILLING OF EXPLORATORY WELLS Supervisor Douglas made the following statement: Because of the question and concern of the availability of water in the rural areas and the digging of exploratory wells in orchards have many people apprehensive, I requested a worksession for the Board of Supervisor and the Frederick County Sanitation Authority which has the responsibility of providing water and sewer service. The Supervisors want to be briefed with factual information. When the worksession is completed, we will recommend the appropriate course of action as necessary. COUNTY OFFICIALS DONALD A. BUTLER REAPPOINTED TO THE INDUSTRIAL DEVELOPMENT AUTHORITY FROM BACK CREEK DISTRICT Upon motion made by Chairman Shickle, seconded by Supervisor Sager, Donald A. Butler was reappointed to the Industrial Development Authority from Back Creek District. This is a four year term. The term will begin on November 10,2002 and expire on November 10,2006. The above motion was approved by the following recorded vote: Richard C. Shickle - Aye W. Harrington Smith, Jr. - Absent Robert M. Sager - Aye Margaret B. Douglas - Aye Sidney A. Reyes - Aye Lynda J. Tyler - Aye Gina A. Forrester - Aye RICHARD E. WILLIAMS, BACK CREEK DISTRICT RESIDENT, NOT REAPPOINTED TO THE IDA DUE TO THE RECENT REDISTRICTING Supervisor Douglas advised she had discussed this with Mr. Williams and he has no problem with him not being reappointed and understands the redistricting issue. Minute Book Number 28 Board of Supervisors Meeting of 10/09/02 265 CYNTHIA T. GREER REAPPOINTED TO THE CHAPTER 10 BOARD AS REPRESENTATIVE FROM FREDERICK COUNTY Upon motion made by Supervisor Sager, seconded by Supervisor Douglas, Cynthia Greer was reappointed to the Chapter 10 Board. This is a three year term. This term will begin on January 1,2003 and expire on December 31,2005. The above motion was approved by the following recorded vote: Richard C. Shickle - Aye W. Harrington Smith, Jr. - Absent Robert M. Sager - Aye Margaret B. Douglas - Aye Sidney A. Reyes - Aye Lynda J. Tyler - Aye Gina A. Forrester - Aye THERESA B. CATLETT RENOMINATED TO THE BOARD OF ZONING APPEALS FROM OPEOUON MAGISTERIAL DISTRICT Upon motion made by Supervisor Sager, seconded by Supervisor Reyes, Theresa B. Catlett was renominated to the Board of Zoning Appeals for a five year term. The term will begin on January 1,2003, and expire on December 31,2007. This nomination is confirmed by the Circuit Court Judge. The above motion was approved by the following recorded vote: Richard C. Shickle - Aye W. Harrington Smith, Jr. - Absent Robert M. Sager - Aye Margaret B. Douglas - Aye Sidney A. Reyes - Aye Lynda J. Tyler - Aye Gina A. Forrester - Aye CANCELLATION OF BOARD MEETINGS DURING THE 2002 HOLIDAY SEASON - APPROVED UNDER CONSENT AGENDA 2nd Board Meeting ofNovember(27) canceled. 2nd Board Meeting of December(25) canceled. NOVEMBER PROCLAIMED (PROCLAMATION #002-02) AS ADOPTION AWARENESS MONTH - APPROVED UNDER CONSENT AGENDA WHEREAS, each child deserves a loving, nurturing and permanent home. Sadly, tens of thousands abused and neglected children in the care of child welfare agencies are waiting for such a home. These children are not the newborns most people picture when they think of adoption. Generally, they are older boys and girls and teenagers who may have unique medical, psychological or physical needs. Adoption gives them a brighter future, brings great joy to the adoptive parents and places fewer demands on social services. WHEREAS, nearly all of these children have special needs because of physical, mental or emotional disabilities, because they must be placed as a sibling group, because they are minorities, or because they are school aged; and Minute Book Number 28 Board of Supervisors Meeting of 10/09/02 266 WHEREAS, these children need extra patience and support to help them overcome previous hardships; and WHEREAS, there are families able and willing to adopt children who have special needs; and WHEREAS, it is important to stress that a disability, low income, or unmarried status does not preclude the right to adopt; and WHEREAS, children waiting for adoptive parents and families who have adopted these children require and deserve community and public agency support. NOW, THEREFORE, I, Richard C. Shickle, Chairman of the Board of Supervisors ofthe County of Frederick, Virginia, do hereby proclaim November 2002 as ADOPTION AWARENESS MONTH in Frederick County. In honor of this event, I encourage citizens, community agencies, religious organizations, businesses, and others to celebrate adoption, honor families that grow through adoption, further an awareness of the changes and issues in adoption, and focus attention on those children who live in the shadow of an uncertain future while they await permanent families. ADOPTED this 9th day of October 2002. CEDAR CREEK BATTLEFIELD FOUNDATION FUNDING REQUEST - APPROVED IN PART ($34.500) - BALANCE TO BE DISCUSSED AT WQRKSESSION SCHEDULED WITH FINANCE COMMITTEE ON OCTOBER 16. 2002 Administrator Riley presented this request to the Board advising that the request for funding from Frederick County's Battlefield Acquisition Fund stands at $116,500. CCBF requests emergency funding of $34,500 now, and for the County to reserve the balance of $81,000 to be awarded when they receive the required matching funds in the next few months. Supervisor Sager advised that he is very empathetic for the foundation, and he would like the Board to consider giving them the $116,000. Supervisor Forrester advised that she would like to see consideration given also to the Fort Collier and Bell Grove, and depending on what would be left, those funds would go to Cedar Creek. Administrator Riley suggested that this be postponed until the work session scheduled for October 16, and then the formula presented by Supervisor Forrester could be looked at more closely and a decision made at that time. Supervisor Sager amended his motion to include this being postponed until the worksession on October 16. The above motion was approved by the following recorded vote: Minute Book Number 28 Board of Supervisors Meeting of 10/09/02 267 Richard C. Shickle - Aye W. Harrington Smith, Jr. - Absent Robert M. Sager - Aye Margaret B. Douglas - Aye Sidney A. Reyes - Aye Lynda 1. Tyler - Aye Gina A. Forrester - Aye RESOLUTION AS AMENDED BY THE CITY OF WINCHESTER AND AMENDED RESOLUTION OF THE COUNTY ESTABLISHING A METROPOLITAN PLANNING ORGANIZATION (MPO) - POSTPONED UNTIL OCTOBER 23 BOARD MEETING Administrator Riley read the resolution. Supervisor Reyes asked Administrator Riley how can expenses be equally split? Administrator Riley explained that this MPO does not include all of Frederick County. This includes only certain urban areas, only urbanized areas as designated by the Federal Government, and would only include approximately 23,000 county residents. Assistant Tierney advised this money is for planning services, local share of planning money that MPO would have to come up with. Administrator Riley further advised this plan will be just as if we were starting all over again. Supervisor Forrester advised that she needed more time to look over this material before she would feel comfortable about voting on it. Upon motion made by Supervisor Forrester, seconded by Supervisor Reyes, the MPO resolutions are postponed until the Board meeting of October 23, 2002. The above motion was approved by the following recorded vote: Richard C. Shickle - Aye W. Harrington Smith, Jr. - Absent Robert M. Sager - Aye Margaret B. Douglas - Aye Sidney A. Reyes - Aye Lynda 1. Tyler - Aye Gina A. Forrester - Aye Jerry Copp Resident Engineer with VDOT appeared before the Board to provide additional information about the MPO and the County and City's involvement. REQUEST FROM SUPERVISOR GINA FORRESTER TO SUSPEND THE EXPANSION OF THE SEWER AND WATER SERVICE AREA (SWSA) TO THE NORTHEAST LAND USE AREA AS PREVIOUSLY APPROVED AT THE BOARD'S JULY 10. 2002 MEETING - DENIED Supervisor Forrester advised she was making this request. Supervisor Sager asked if this included the Rutherford Farm? Minute Book Number 28 Board of Supervisors Meeting of 10/09/02 268 Chairman Shickle replied yes. Supervisor Tyler advised that she has a problem with the source. Supervisor Forrester moved to suspend the Expansion of the SWSA to the Northeast Land Use Area as approved at the Board's July 10, 2002 meeting. The above motion failed by the following recorded vote: Richard C. Shickle - Nay W. Harrington Smith, Jr. - Absent Robert M. Sager - Nay Margaret B. Douglas - Nay Sidney A. Reyes - Aye Lynda J. Tyler - Aye Gina A. Forrester - Aye REQUEST FROM SUPERVISOR GINA FORRESTER TO AMEND THE FREDERICK COUNTY SANITATION AUTHORITY'S CHARTER TO REQUIRE ADMISSION OF THE BOARD LIAISON TO THE AUTHORITY'S EXECUTIVE SESSION - PULLED FROM THE AGENDA COMMITTEE REPORTS PUBLIC WORKS The Public Works Committee met Tuesday, September 24,2002, at 8:00 a.m. All members were present. The following items were discussed: ***Items Requiring Action*** 1. Renewal of the Historic Resources Lease Al!:reement - Approved The committee reviewed and recommend approval of the attached one (1) year lease for Historic Resources. (See Attachment 1) Upon motion made by Supervisor Tyler, seconded by Supervisor Reyes, the above request was approved by the following recorded vote: Richard C. Shickle - Aye W. Harrington Smith, Jr. -Absent Robert M. Sager - Aye Margaret B. Douglas - Aye Sidney A. Reyes - Aye Lynda 1. Tyler - Aye Gina A. Forrester - Aye ***Items Not Requiring Action*** 1. Lease/Purchase of Office Space for Emer~ency Services The Sheriff and the Director of Fire and Rescue presented a request to prepare bid documents for the lease/purchase of approximately 48,000 square feet of office space on at least eight (8) acres ofland. The office space will house emergency services including the sheriffs office and fire and rescue. After discussing the proposed needs and approach to acquire this office space, the committee Minute Book Number 28 Board of Supervisors Meeting of 10/09/02 269 recommended that architectural/engineering services be solicited to prepare bid documents for the acquisition of the lease/purchase of office space. The public works department will advertise for these services. The Sheriff and the Direetor of Fire and Rescue will assist public works in the development of selection criteria. The final selection and negotiated fee will be returned to the public works committee for their review and endorsement prior to submittal to the board of supervisors for funding. 2. Update on Next Electronics Recyclinl: Event The attached memorandum dated September 24, 2002, from Gloria Puffinburger indicates that the next E-Cycle event will be held at the Apple Pie Ridge Elementary School parking lot on October 5,2002. (See Attachment 2) 3. Proposal to Close Two (2) Dumpster Sites - Star Tannery and Mount Williams The Direetor of Public Works presented a proposal to close the citizens' dumpster sites located in Star Tannery and Mount Williams because of continued abuse by the users. The owners of the sites do not want Frederick County to fence the dumpster sites because of the potential for illegal dumping outside the gate. Without fencing, we cannot control the flow of refuse into the sites. Therefore, the staff recommended closing the sites with a resulting savings as indicated in the attached memorandum dated September 19, 2002. After discussing the proposed closings, the committee recommended that additional data related to actual use including illegal dumping be obtained over a week interval. Alternative disposal options should also be explored and presented at the next scheduled meeting. (See Attachment 3) 4. Update on Warrior Road Project The Director of Public Works indicated that the Warrior Road project is on schedule with a substantial completion date on or about the end of November 2002. This completion date is dependent uponreceiving the final approval for the steel arch structure from the VirginiaDepartment of Transportation. Landscaping the buffer between the road and the houses located along Churchill Drive will commence after the curb and gutter has been completed. It is estimated that the landscaping will cost approximately $150,000. 5. Bond Requirements at the Landfill The landfill manager has requested that bonds be required for all major haulers. Bonding would be eoordinated with the Treasurer's office. The committee made the following suggestions prior to implementing a full blown bonding program: a) Determine if the Treasurer ean reduce the delinquency time from 90 to 30 days before filing with the courts. b) Evaluate the possibility of imposing bonding on contractors located outside of our serviee area only. e) Have the Treasurer perform credit checks on all new accounts prior to issuing landfill stickers. After obtaining the above information, return the request to the committee for their review and action. 6. Miscellaneous Reports a. Tonnage Report (see Attachment 4) Minute Book Number 28 Board of Supervisors Meeting of 10/09102 270 b. Recycling Report (see Attachment 5) c. Animal Shelter Dog Report (see Attachment 6) d. Animal Shelter Cat report (see Attachment 7) PERSONNEL COMMITTEE The Personnel Committee met on Wednesday, September 25, 2002 with the following members present: Margaret B. Douglas, Chairman; Philip Farley, Verne Collins, Gina Forrester, Bill Still, John R. Riley, Jr., Kris Tierney, and Debby Didawick. 1. Request from the Public Works Director to Create New Position of Landfill Technician IV and Reclassification of Landfill Staff per Salarv Survev - Approved The Committee reviewed a request from Ed Strawsnyder, Public Works Director for a new position of Landfill Technician. IV and proposal to reclassify the positions at the landfill. No additional funding will be required. The Committee recommends approval. Upon motion made by Supervisor Douglas, seconded by Supervisor Tyler, the above request was approved by the following recorded vote: Richard C. Shickle - Aye W. Harrington Smith, Jr. - Absent Robert M. Sager - Aye Margaret B. Douglas - Aye Sidney A. Reyes - Aye Lynda J. Tyler - Aye Gina A. Forrester - Aye 2. Request from Personnel Director to Expand Personnel Policies: - Approved The Committee reviewed a req uest from Debby Didawick, Personnel Director, to expand and clarify several personnel policies. No additional funding is required. The Committee recommends approval of this request. Following Board discussion it was determined the word expand should be amended to revision. Upon motion made by Supervisor Douglas, seconded by Supervisor Reyes, the above request was approved by the following recorded vote: Richard C. Shickle - Aye W. Harrington Smith, Jr. - Absent Robert M. Sager - Aye Margaret B. Douglas - Aye Sidney A. Reyes - Aye Lynda.T. Tyler - Aye Gina A. Forrester - Aye PUBLIC HEARING PUBLIC HEARING - AMENDMENT (RESOLUTION #014-02) TO THE 2002-2003 FISCAL YEARBUDGET-PURSUANTTO 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 2002-2003 BUDGET TO REFLECT: A GENERAL FUND SUPPLEMENTAL APPROPRIATION IN THE AMOUNT OF $1.065.466.75. THIS AMOUNT REPRESENTS NON-ENCUMBERED Minute Book Number 28 Board of Supervisors Meeting of 10/09102 271 FUNDS TO COMPLETE THE WARRIOR DRIVE PROJECT - APPROVED Administrator Riley explained this amendment to the Board. Supervisor Sager thanked Public Works Director Ed Strawsnyder for all his efforts and time on behalf of this project. WHEREAS, the Frederick County Board of Supervisors, meeting in regular session and public hearing held on October 9,2002, took the following action: NOW, THEREFORE, BE IT RESOLVED, by the Board of Supervisors that the FY 2002- 2003 Budget be Amended to Reflect: A General Fund Supplemental Appropriation in the Amount of$l ,065,466.75. This Amount Represents Non-Encumbered Funds to Complete the Warrior Drive Project. ADOPTED this 9lh day of October, 2002. Upon motion made by Supervisor Sager, seconded by Supervisor Douglas, the above budget amendment was approved by the following recorded vote: Richard C. Shickle - Aye W. Harrington Smith, Jr. - Absent Robert M. Sager - Aye Margaret B. Douglas - Aye Sidney A. Reyes - Aye Lynda J. Tyler - Aye Gina A. Forrester - Aye PUBLIC HEARING - THE FREDERICK COUNTY BOARD OF SUPERVISORS WILL HOLD A PUBLIC HEARING ON OCTOBER 9. 2002. AT 7:15 P.M. IN THE BOARD OF SUPERVISORS MEETING ROOM. COUNTY ADMINISTRATION BUILDING. 107 NORTH KENT STREET. WINCHESTER. VIRGINIA. TO CONSIDER THE FOLLOWING: A RESOLUTION (#016-02) TO AMEND THE ARTICLES OF INCORPORATION OF THE FREDERICK COUNTY SANITATION AUTHORITY TO INCREASE THE NUMBER OF MEMBERS TO SEVEN (7) AND TO PERMIT THE BOARD OF SUPERVISORS TO FIX THE COMPENSATION OF THE MEMBERS OF THE AUTHORITY - DENIED (5 WILL BE ADVERTISED FOR BOARD MEETING OF NOVEMBER 13. 2002) Administrator Riley presented this request to the Board and advised that Chairman of the Sanitation Authority Jimmy Anderson, and their attorney William A. Johnston (Pete) was present. Chairman Anderson appeared before the Board and read a prepared statement at this time. He advised of the history of appointments to the Authority and further advised that the current membership of the Authority agree unanimously that the membership should be five. They do not want to see the Authority become a tool to further hidden agendas or become a political football. Supervisor Forrester asked Chairman Anderson if any members currently serving on the Sanitation Authority were on public water and sewer. Chairman Anderson replied no. Minute Book Number 28 Board of Supervisors Meeting of 10/09/02 272 Attorney Johnston addressed the Board to explain about the numbers five or seven, and further explained that the number 6 is no longer an issue as it is no longer allowed due to enabling legislation approved by the State of Virginia. He further advised that an error was committed some time ago wherein it stated that the members would not be paid. This has been corrected and they will be paid based on the amount decided upon by this Board. Supervisor Forrester stated ifthis is passed tonight is there anything that would preclude us, if we go with the number 7, which means each district would have a representative? Attorney Johnston replied that in his opinion that would not be permitted by the enabling act as it stated "the Board shall select the members and the Board shall fill vacancies and each time it is the Board." There is a line of authority and normally a legislative body is not permitted under State Law to delegate its government powers. Marie Straub, Red Bud District and Planning Commissioner, advised that she is a customer of the Sanitation Authority and she does not understand why each district cannot have a representative on the Authority. She feels the citizens of this County are not being represented correctly. She cannot understand why the Board would not vote to include all districts of this County. She also addressed the Burbey Report and what transpired when she and Supervisor Forrester made a trip to the Sanitation Authority office to obtain a copy of the report. Wayne Nicholson, Shawnee District, feels there is an error in this written material of this request that he feels needs to be corrected. In the section that speaks to the membership the word "his" addresses the successor and he feels it should read "his/her" successor. Kevin Kennedy, Gainesboro District, found some of Mr. Anderson's comments very interesting. He found out within the last week that there are no water and sewer customers on the Sanitation Authority Board, he feels the Board of Supervisors has a chance to correct this by taking the right action on the request currently before them. He told Supervisor Sager that he was surprised by his vote at a previous meeting with regard to committee appointments and voting not to spread it out, but leave it in the hands of one person. This is the time to change that thinking. Mike McMillan, OpequonDistrict, referred to a statement made earlier by Attorney Johnston "The Board of Supervisors cannot delegate their authority to the Sanitation Authority." Told the Board this is a pretty important statement for them to consider. This means that the Board cannot at the same time allow them to be so independent that they have control over making decisions that Minute Book Number 28 Board of Snpervisors Meeting of 10/09/02 273 the Board has no ability to affect. This is the same thing as the Board not delegating their authority. Pat Gallagher, Stonewall District, referred to the last Board meeting and a motion by Supervisor Forrester for equal representation on appointed committees was defeated by the same four Supervisors who have a history of ignoring the general public and voting in favor of the big road movement in Frederick County. He feels there needs to be fair represcntation on the various boards and committees and that is not happening. Kenneth Y. Stiles, Stonewall District, advised based on what has been said up to this point, is a good reason to vote no on this resolution. For the record he is not brought into the Board meetings by anyone, as he makes his own decisions, always has and always will. It has been pointed out the Sanitation Authority is set up separate from the Board of Supervisors for a number of reasons, with the primary one being to remove the politics from the water and sewer decisions. He referred to what has happened on the Planning Commission when people, who were defeated in the election, stand up and claim to be spokesmen for the people. He referred to the track record ofthe Sanitation Authority for the past thirty five years of service and what they have provided to the citizens of Frederick County designated by the Board of Supervisors and only there. He urged the Board to go back to five members and let them get on with the business they are supposed to be about. Nancy Gallagher, Stonewall District, suggested perhaps the Board of Supervisors should look at other localities and Boards to see how their water authorities are set up. She feels the Board does need to investigate this further before making a decision on this resolution before them at this time. Sam Lehman, Back Creek District, referred to 1970 when the Board of Supervisors loaned the Sanitation Authority $1.1 million on the premise of sewering Sunnyside. We located a couple of schools and the sewage which he feels paid for extending pipes up past Sunnyside and part ofthe cost for sewering the land became Fredericktowne. He didn't buy the statement that the Sanitation Authority has never been political. Pam Kennedy, Gainesboro District, finds it very interesting that some are so fearful that what we are attempting to do, is the people's business. So why shouldn't we expand more people to do the people's business? You have the citizens asking the question why? Why is why such a fearful question? Government is all about satisfying people's question why, to everyone's satisfaction. Chairman Shickle asked Administrator Riley and Attorney Ambrogi if the next step would Minute Book Number 28 Board of Supervisors Meeting of 10/09/02 274 be to vote on the number 7, as advertised, and if that fails we would then need to readvertise for the number 5. Attorney Ambrogi replied yes, out of the abundance of caution. Supervisor Sager asked about the compensation for the members as he was not sure what the amount was. Attorney Johnston replied that he believed it was $180 per quarter. Supervisor Reyes moved to amend the resolution of the Articles of Incorporation of the Frederick County Sanitation Authority to increase the number of members to seven(7) and to permit the Board of Supervisors to fix the compensation of the members of the authority. Supervisor Forrester seconded the motion. Supervisor Forrester stated that there has been a great deal of talk at this meeting about the water authority not being a political enate, she disagrees with that as it is political just by nature that this Board of Supervisors who is a political entity and they make appointments to the Authority. She does not see how there can be separation between the Board's land use decisions without the Board having a clear understanding of what the Sanitation Authority is doing with the County water. There is not representation at present, which has been confirmed by the Chairman of the Authority by public water and sewer users. There are three districts in the County, Red Bud, Shawnee and Opequon where there is a large amount of public users and they are not being represented. The Sanitation Authority makes decisions which directly affect those users water rate. In 1998 the Board of Supervisors forgave the Sanitation Authority $700,000 of debt and she feels it coincided about the same time she saw a 41 % rate increase, and there was no representation on the Authority to speak to this. She further advised that her recommendation for an appointment to the Sanitation Authority from Red Bud District has thirteen years experience with the Fairfax Water Authority and she feels an asset to this community. The above motion failed on the following recorded vote: Richard C. Shickle - Nay W. Harrington Smith, Jr. - Absent Robert M. Sager - Nay Margaret B. Douglas - Nay Sidney A. Reyes - Aye Lynda J. Tyler - Aye Gina A. Forrester - Aye Chairman Shickle requested Administrator Riley to advertise for five members. Minute Book Number 28 Board of Supervisors Meeting of 10/09/02 275 PLANNING COMMISSION BUSINESS PUBLIC HEARING PUBLIC HEARING - REZONING #05-02 OF RED BUD RUN, SUBMITTED BY G. W. CLIFFORD & ASSOCIATES, INC.. TO REZONE 157.01 ACRES FROM RA (RURAL AREAS) TO RP (RESIDENTIAL PERFORMANCE) DISTRICT. THIS PROPERTY IS LOCATED NORTH OF ROUTE 7 AND ADJACENT TO WOODS MILL ROAD (RT.660), DIRECTLY BETWEEN RED BUD ROAD AND RT.7, AND IS IDENTIFIED WITH PROPERTY IDENTIFICATION NUMBERS 55-A-I05, 106 AND 107 IN THE STONEWALL MAGISTERIAL DISTRICT - APPROVED Director Lawrence addressed the Board advising since the Planning Commission's review of this rezoning application, the applicant has revised the submitted proffers and excluded a previously proffered collector road, while continuing to provide for an internal road connection between Morgan Mill and Woods Mill Roads. VDOT has provided an approval comment for the rezoning petition. He further advised that the applicant has also incrcased the proffered monetary contribution to $6,454.00 per lot, which includes a $1,000.00 per lot contribution for historic battlefield and open space preservation. He further advised that the Planning Commission did approve this rezoning request by a majority vote. Chuck Maddox with G.W. Clifford Associates addressed the Board presenting a slide presentation of different views of this acreage. He feels this is in a urban non sprawl type environment where facilities can be planned in the true spirit of urban development area. He further advised this plan has been restricted to 300 lots, and the open space, which could be a privately owned parcel, and offered it for public use at no cost. He addressed the core battlefield area and advised that it has been determined that a battle did not occur on this site; however, it is an approach to a battlefield along the Route 7 corridor. They agreed with the historic commission to study this at the time of the master plan as they will be establishing view sheds, and when the master plan comes to the Board, it will have their endorsement that this will provide for the view shed protection. Supervisor Sager questioned why the road way from the subdivision is not shown to coincide with thc school entrance as opposed to bringing it further south and bringing it out on Morgan Mill Road. He feels it would be a safer place to cross if an aligned intersection with signalization and cross walks, as opposed to going south, to go across the road then going back north to get to the school entrance. Mr. Maddox explained why this was done, and it has been discussed with VDOT and has been approved by them as they feel this is a much safer condition. Minute Book Number 28 Board of Supervisors Meeting of 10/09/02 276 Supervisor Reyes, based on the majority of what he knows of this request, he would be inclined to rubber stamp this with no problem. He wants the public to understand what is being done. It has been mentioned that the County could be looking at a significant tax increase of upwards 30 cents, and if you look at the 34 cents, and the fact that we know 70% is education. He referred to a letter, as part of the information included in the agenda, from Al Orndorff, Administrative Assistant to the School Superintendent, wherein he comments on the impact ofthis development to the school system, and what it would mean for future enrollment of the County schools. Supervisor Reyes advised that this was not spelled out in the twelve mitigating circumstances, and he feels this is a big aggravating circumstance as this is what generates the Board to raise taxes. Mr. Maddox advised they are paying almost $2 million in proffers, not counting the non valued proffers ofland and buffers and other quality of life issues. He further advised there are no easy answers to what they have. Supervisor Tyler referred to a letter from Howard Kittell and his outstanding concerns for a buffer on the southern slopes of the property. She asked Mr. Maddox what he would guess a reduction in lots would be to preserve - - -. She asked Mr. Maddox ifhe would see to having this coordinated, for when the current Board members are no longer serving on the Board and the master plan is brought before the Board of Supervisors, this will be addressed through the proffer. Mr. Maddox replied yes, this would be complied with. Sam Lehman, Back Creek District, disagrees with most of what Mr. Maddox has said. He does not feel the same people that will be buying these two hundred houses, if it is two hundred, are the same people that might be moving into two hundred five acre lots. He feels two five acre lots will cost the County a lot less with the exception of schools and trash; however, the urban services are costing the County through the nose. He feels that in grades K-12 the County is probably spending $100,000 per pupil for their thirteen years in school. Wayne Nicholson, Shawnee District, does not want to be labeled, as he is not pro growth, slow growth or no growth, he is for common sense. He is not opposed to what these two gentlemen want to do as long as it does not impact other people. He has lost track ofthe thousands of acres of land that has been rezoned in Frederick County to make way for the type of growth that is changing the quality of life for the worse with this County. He has voiced his opinion many times to the Minute Book Number 28 Board of Supervisors Meeting of 10/09/02 277 Board about this and especially in the area of water. The hundred and fifty seven acre rezoning before the Board tonight to RP, which he has referred to before as the cancer that is going to ruin this County, will only add to existing water and traffic problems. Kevin Kennedy, Gainesboro District, advised that he had been hearing some second hand information about this development and all the wonderful proffers that was supposed to come out of it. He was hoping to be impressed, and he is not. He relates this to 500 to 550 new students and this would mean a new school. What does a new school cost, and how are you going to pay for it? $1.9 million from the proffers will not build a new school. Jim Lawrence, representing Trout Unlimited of Winchester, advised they had been involved in a project on Red Bud Run for the last few years to create a managed recreation fishery in partnership with the Department of Game and Inland Fishery. They were very concerned when they heard of this proposed development plan. They have had an extensive dialogue over the past nine months with the various parties involved with this plan. They are pretty happy with what has come about and Mr. Maddox has agreed to work with them in the future to implement some of these best management practices as the lots are developed. He feels the dialogue that has been afforded here has made this possible, and feels there is a real good possibility here this project could serve as a model for better water shed protection ordinances for our region. R. 1. Turner, Gainesboro District, endorsed this project. Sam Lehman, Back Creek District, referred to a field trip this summer to this location, and he agrees it does need a lot of protection if it is going to be worth anything to anybody. Wayne Nicholson, Shawnee District, cannot believe anyone that represents the citizens of Frederick County would want to see another traffic light installed on Route 7, and this was one of the solutions mentioned earlier. He would hate to see this happen. Phil Hood, Red Bud District, advised that one of the problems that exists now on Route 7 is very high speed traffic that directly impacts the elementary school as it will on the new high school. He feels the addition of another traffic light in this area will help to slow down this high speed traffic. Pam Kennedy, Gainesboro District, advised the Board that her word ofthe evening is WHY. So you asked the Board to be prepared when they vote on this request to answer WHY. WHY are you voting to approve another development that is going to require the building of another school, Minute Book Number 28 Board of Supervisors Meeting of 10/09/02 278 and the ripple affect of more taxes? WHY would you vote to approve another development that is only going to add more traffic to an already over burdened Route 7? How is this going to benefit Frederick County? George Sempeles, Red Bud District, WHY because it is good planning. He feels it is a good plan and the proffers are good. Homer Kauffman, VDOT employee from Edinburg Residency, addressed Supervisor Sager's earlier question about access to the schools. He advised the latest, most current information, they have from the school board is that they plan on this being a gated access and it will not be paved out as an intersection or as a connection to the road, and will only be used as relief of traffic during school events. Supervisor Tyler made the following statement: WHY is a very good question? This is a very difficult situation to be in for her particularly. The number of phone calls that she has had in her community typically deal with the ones that want it, want it for various reasons. There WHY'S being traffic, safety, access, signalization, all the traffic concerns are what they have. She likes it for a number of other reasons as it affords us an opportunity, and I know there will be people in this room that disagree with me, as she feels it will place growth where it needs to be, she feels this is important. She wishes these proffers were at 100% at impact. She wishes the numbers were easier to work with. This particular project may not be perfect, it's not perfect. It is rooftops without any type of commercial entity with it. If you do the calculations further, we do this with industry, and how long is it going to take for us to get our money back with taxes and that sort of thing. She just wanted to let everyone know that 50% are going to be very upset with me, 50% are going to be happy with me. You can't win with this one. So with that said, Supervisor Tyler moved for approval of Rezoning #05-02 of Red Bud Run. Supervisor Sager seconded the motion. The above motion was approved by the following recorded vote: Richard C. Shickle - Aye W. Harrington Smith, Jr. - Absent Robert M. Sager - Aye Margaret B. Douglas - Aye Sidney A. Reyes - Nay Lynda J. Tyler - Aye Gina A. Forrester - Nay PUBLIC HEARING - CONDITIONAL USE PERMIT #10-02 OF SHENANDOAH Minute Book Number 28 Board of Supervisors Meeting of 10/09/02 279 MOBILE COMPANY FOR A ISO-FOOT MONOPOLE DESIGN COMMERCIAL TELECOMMUNICATIONS FACILITY. THIS PROPERTY IS LOCATED AT 220 IMBODEN DRIVE (SCHROCK BUS TOURS) AND IS IDENTIFIED WITH PROPERTY IDENTIFICATION NUMBER S4-7-7A IN THE STONEWALL MAGISTERIAL DISTRICT - APPROVED Planner I Rebecca Ragsdale presented this request to the Board advising that the majority of the Planning Commission mcmbers were comfortable with approval ofthe CUP with conditions, one of the members was not in favor of recommending approval until the zoning violations were corrected. Thc Commission recommended approval of the CUP by a majority vote with certain conditions. She further advised that staff believes that this application for a commercial telecommunication facility has adequately addressed the requirements of the Zoning Ordinance in that need for this facility, based on a lack of coverage and capacity in this part of the County, has been demonstrated. However, before additional development privileges are approved for this property, consideration should be given to the history of zoning violations. She furthcr advised that a sixth condition was added to those originally suggested by staff. Condition #6 was added after suggestion from the Planning Commission at their last meeting on September 18, 2002. Staff research indicates that the time period noted on other applications is actually 12 months instead of 18 months. Staff suggests approval with modification to condition #6. Lynn Koerner, of Shenandoah Tower Service, appeared before the Board on behalf of this request. Supervisor Sager asked if Emergency Services would be allowed to use this pole, ifneeded, without charge. Mr. Koerner advised that he could not answer that. Supervisor Forrester asked ifthis question did not have to be addressed at this time. Administrator Riley addressed this question. Director Lawrence advised Emergency Scrvice Comment was addressed with Gary DuBrueler as noted under thc comment section of this request. Supervisor Reyes asked if this would be considered a proffer. Administrator Riley advised that he would consider it a condition. Chairman Shickle stated that the CUP is with the property owner; however, this request is being done by the renter. Director Lawrence advised the Zoning Ordinancc statcs if the tower is abandoned it is the Minute Book Number 28 Board of Supervisors Meeting of 10/09/02 280 property owner that is responsible. Upon motion made by Supervisor Tyler, seconded by Supervisor Reyes, CUP #10-02 of Shenandoah Mobile Company was approved with the inclusion of a policy paper on co-location. The above motion was approved by the following recorded vote: Richard C. Shickle - Aye W. Harrington Smith, Jr. - Absent Robert M. Sager - Aye Margaret B. Douglas - Aye Sidney A. Reyes - Aye Lynda J. Tyler - Aye Gina A. Forrester - Aye OTHER PLANNING ITEMS SUBDIVISION WAIVER REOUEST OF JOHN AND LOIS SLATER - APPROVED UNDER CONSENT AGENDA The Slaters are requesting to subdivide their property located along Dicks Hollow Road (Route 608) in the Gainesboro Magisterial District. The Slaters are proposing to subdivide the property by allowing the right-of-way of Route 608 to create the division lines. SUBDIVISION WAIVER REOUEST OF ROBERT SIMMONS - APPROVED UNDER CONSENT AGENDA Mr. Simmons is requesting approval for a boundary line adjustment on his property located at 366 Stony Hill Road (Route 688) in the Gainesboro Magisterial Distriet. The reason for the boundary line adjustment is to resolve a septic drainfield easement agreement between Mr. Simmons and the adjoining property owner. BOARD OF SUPERVISORS COMMENTS Administrator Riley advised the Board that the School Board has requested a budget worksession. He further advised that the Planning Commission and VDOT have also requested worksessions. He suggested either October 29 or 30. Board members are to check their calendars and give the Administrator's office a call. UPON MOTION MADE BY SUPERVISOR DOUGLAS, SECONDED BY SUPERVISOR SAGER, THERE BEING NO FURTHER BUSINESS TO COME BEFORE THIS BOARD, THIS MEETING IS HEREBY ADJOURNED. (TIME: 11:2S P.M.) Minute Book Number 28 Board of Supervisors Meeting of 10/09/02 281 QOQ~ Richard C. Shickle Chairman, Board of Supervisors Minutes Prepared By: ~;-: \r~=JUt,L. ~ ~ Carol T. Bayliss Deputy Clerk, Board of Supervisors Minute Book Number 28 Board of Supervisors Meeting of 10/09/02