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October 23, 2002 Regular Meeting ,.- 296 A Regular Meeting of the Frederick County Board of Supervisors was held on October 23, 2002, at 7: l5 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 Vice Chairman W. Harrington Smith, Jr. was absent due to illness. CALL TO ORDER Chairman Shickle called the meeting to order. INVOCATION The invocation was delivered by Reverend Joseph P. Roby ofthe Peoples Country Church. PLEDGE OF ALLEGIANCE ADOPTION OF AGENDA Administrator Riley advised he would like to add a resolution supporting EP A Watershed Initiative Grant Application and Supervisor Tyler would like to address the Board re: Keep Virginia Green Program that is being conducted through the Public Works Department. He further advised that Supervisor Smith is out of the hospital and is resting at home, and feeling better. Upon motion made by Supervisor Sager, seconded by Supervisor Douglas, the agenda was adopted, as amended, 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 CONSENT AGENDA Administrator Riley suggested the following tabs for approval under consent agenda: 1. Proclamation Commemorating the Chinese Trade Mission - Tab C; 2. Road Resolution for the following: Briarwood Subdivision, Section 1 thru 4; The Camp at Mosey Station, Section IT; and Oakdale Crossing, Section III. Upon motion madc by Supervisor Douglas, seconded by Supervisor Reyes, the above items Minute Book Number 28 Board of Supervisors Meeting of 10/23/02 297 were approved under the consent agenda 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 CITIZEN COMMENTS Kevin Kennedy, Gainesboro District, thanked Supervisors Reyes, Tyler, and Forrester for once again voting in favor ofthe citizens at the last Board meeting. He encouraged them to continue this. He further thanked Supervisor Forrester for continuing to ask questions about the Sanitation Authority and the County's water supply. Sam Lehman, Back Creek District, attended the worksession held yesterday with the Sanitation Authority. He referred to a chart provided by the Authority on their projections for water wherein it shows, as of 2002, there would be 6.2 million gallons per day coming from the various water sources and there is approximately one million gallons or less a day. He referred to a recent field trip to the Clearbrook Quarries at which time they spoke to the manager and he advised for thirty years they have pumped 200,000 gallons a day out of those quarries. He addressed the question asked in yesterday's worksession, with the Authority, about a company wanting to locate in the Northeast Corridor, and the fact that there may not be sufficient water available to meet their needs. He does not agree with the answer given by county staff as to what the county's position would be. Peggy Hodgson, Back Creek District, addressed the Metropolitan Planning Organization (MPO) advising that she does not understand all ofthe aspects. She does understand that Frederick County is two to three times the size of the City of Winchester. Why then is our representation equal? She feels this Board is setting up yet another layer of government such as boards, commissions and authorities without adequate and proper representation of its citizens. Butch Fravel, Middletown, representing Cedar Creek Battlefield Foundation. He advised that the recent re-enactment held at Cedar Creek was off at the gate of approximately $7300. This is the time of year that they count on getting their extra money. He addressed the request before the Board at this meeting, as part of the Finance Committee Report, suggesting Cedar Creek receive $62,000 leaving them a debt of$288,000. He further advised the $62,000 will take care of only the Miuute Book Number 28 Board of Supervisors Meeting of 10/23/02 298 amount they are in arrears. He further advised that the vote of the Board at this meeting may determine whether Cedar Creek exists as the entity that it has for the last thirteen years. He asked the Board for their consideration and their help in order for them to be able to get out ofthe situation they are currently in. Doug Thomas, Back Creek District, he specifically wanted to address Supervisors Tyler, Reyes, and Forrester, and their consistent attempts to try and torpedo growth and planning. He feels he has listened to enough about the halftruths concerning the lack of water, as much as he can stand. For the citizens of Frederick County the truth is the North Fork of the Shenandoah River, even during the driest portions of the recent drought that we have had for the last year and a half, was well over fifty million gallons a day. The City of Winchester uses about five to six million gallons a day, Frederick County about three to four. The water plant has capability of receiving, pumping, treating, filtering, about ten million gallons a day. We do not have a water shortage. Howard Kittell, representing the Shenandoah Valley Battlefield Foundation addressed the Board concerning battlefield funding. He thanked the Board for the appropriation of$SOO,OOO made last May for battlefield preservation. He also thanked them for making funds available for the Kernstown Battlefield Association to match the Federal Farm Land Grant that the battlefield foundation received to help them pay their debt. He hopes the Board will approve the Finance Committee's recommendation to provide financial assistance to the Cedar Creek Battlefield Foundation, the Fort Collier Civil War Center and to the Belle Grove Foundation. Pam Kennedy, Gainesboro District, addressed the character of an honest man. She addressed several statements made recently in the press concerning a certain Board member. She feels that it stands out clearly that these are non productive statements geared toward one end only, to wound, to destroy and to divert from the reality ofthe issue at question. This is a common practice of people who are often termed "bullies," and their comments do in deed seem to go on and on. Are the real issues that divide people so great that they cannot be dealt within a civilized fashion? Where is the leadership that the County needs to model what is acceptable and appropriate behavior? Doug Dolan, Red Bud District, had not planned to make any comments, but he could not just sit after hearing some earlier comments. His concern is that he would like to see those Supcrvisors who were mentioned earlier, be professionals in their tasks from the political process and not go the way of the Planning Commission, which was referenced carlier in this meeting, where a Supervisor Minute Book Number 28 Board of Supcrvisors Mecting of 10/23/02 299 puts on people that are clearly not qualified. He feels this is obvious to the casual observer if you attend one of their meetings. He feels if someone is serving on the Planning Commission they should know you cannot put well and septic on a 10,000 square foot lot. He feels the Planning Commission has exhibited a lot of patience with some appointees. He referred to an earlier comment by Mrs. Kennedy referencing honesty and then elected not to talk about it. Sharon Boyd, Gainesboro District, advised she had a question she would like to present to the Board, it is a question she is not an authority on, and she is hoping one of the Board members might provide the answer. She asked if it is appropriate for any Board member to put to vote or make a decision involving a business partner? She does not have all the particular information, but she understands, and it refers directly to the Sanitation Authority, and that there may be a conflict, or what one might consider a perception of conflict, that perhaps someone may have business ties or business interest - - - - and she would leave this with the Board to discuss. MINUTES Upon motion made by Supervisor Sager, seconded by Supervisor Douglas, the minutes of the Regular Meeting of August 14,2002 were approved, as presented, 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 COUNTY OFFICIALS SUPERVISOR SAGER APPOINTED TO THE NORTHERN SHENANDOAH VALLEY REGIONAL COMMISSION - REGIONAL WATER RESOURCES POLICY COMMITTEE This appointment was in consensus with the Board. AARON KESECKER, LORD F AIRFAX HEAL TH DISTRICT'S BIOTERRORISM COORDINATOR. FOR MEMBERSHIP ON THE EMERGENCY PLANNING COMMITTEE - APPROVED Upon motion made by Supervisor Sager, seconded by Supervisor Douglas, the nomination of Aaron Kesecker, Lord Fairfax Health District's Bioterrorism Coordinator, for Membership on the Emergency Planning Committee was approved by the following a recorded vote: Richard C. Shickle - Aye Minute Book Number 28 Board of Supervisors Meeting of 10/23/02 300 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 NANCY S. HOLLIS APPOINTED TO THE SHENANDOAH AREA AGENCY ON AGING Upon motion made by Supervisor Tyler, seconded by Supervisor Reyes, Nancy S. Hollis was appointed to the Shenandoah Area Agency on Aging, as a representative from Frederick County, to replace Mary Ann Posey who was not eligible to serve. This term will commence on October 23, 2002 and expire on September 30, 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 PROCLAMATION (#003-02) COMMEMORATING THE CHINESE TRADE MISSION - APPROVED UNDER CONSENT AGENDA WHEREAS, the Winchester-Frederick County Chamber of Commerce seeks to help area companies sell their products and services around the world and bring global business opportunities to this region; and WHEREAS, the Chamber partners with numerous organizations to foster international understanding and goodwill; and WHEREAS, the Chamber organized a business development mission to enhance trade relationships. NOW, THEREFORE, I, Richard C. Shickle, Chairman ofthe Board of Supervisors of the County of Frederick, Virginia, does hereby welcome the members of the Chinese Delegation and extend my appreciation for their interest in exploring trade opportunities in this region and encourage continued exchange of future delegations and students to enhance increased understanding of our cultures, education, and business development. IN WITNESS WHEREOF, I have set my hand and the Great Seal of Frederick County, Virginia, this twenty-third day of October in the year of Our Lord Two Thousand Two. RESOLUTION (#015-02) ENDORSING THE ESTABLISHMENT OF A METROPOLITAN PLANNING ORGANIZATION (MPo) - (POSTPONED FROM OCTOBER 9, 2002 BOARD OF SUPERVISORS MEETING) - NO ACTION ON RESOLUTION - REFERRED TO SCHEDULED WORKSESSION ON OCTOBER 30, 2002 IF TIME PERMITS AND REPRESENTATIVES FROM VDOT CAN ATTEND Administrator Riley presented this information to the Board advising the action taken by Minute Book Number 28 Board of Supervisors Meeting of 10/23/02 301 Winchester City Council is provided in the Board's agenda. He advised that Supervisor Forrester has requested that this action be postponed and that more information regarding the appointment process be provided. He further advised additional information has been provided by VDOT referencing appointments made from various jurisdictions made within the Commonwealth. Supervisor Forrester asked Administrator Riley if we had identified, or discussed the study area that the MPO would be looking at. Administrator Riley advised the only thing he is aware of is what VDOT personnel has provided to his office, which is the map that is currently on display behind the Board. Supervisor Forrester asked ifthis was not supposed to be decided when this resolution was adopted, what our study area will be. Assistant Tierney advised that based on the presentation given to the Board by VDOT, that is part of what the MPO itself will determine, is what they want to establish as their boundary. Part of what they would take into consideration is, of course, the plan they develop, is supposed to go twenty years out, so based on that, the boundary may grow, but that is one of the things the MPO itself would be tasked with, is part of their planning effort, would be to establish a boundary. Assistant Tierney further advised that he felt part of the confusion, ifhe is understanding Supervisor Forrester's question, has to do with the Memorandum of Understanding which will need to be cntered into with the State. The MPO will have to enter into an agreement. The County has until May l, 2003 to enter into that understanding. It is his understanding that follows the establishment of the MPO and its membership. One of MPO's initial tasks would be to develop that MOU, the study area, etc., and that becomes the agreement which is entered into, no later than May 1,2003. Supervisor Tyler advised that she understood what we are trying to do with the MPO. She understands that we have the draft MOU that needs to be done and needs to be completed by a certain date. In the research that she has done with other states and the State of Virginia, she has heard suggested, numerous times, that we need to identify our study area, otherwise we cannot fit our membership to the study area with twenty years planning outward. Her personal feeling is Frederick County needs a minimum of three representatives, perhaps four, but she thinks this might be best accomplished with a worksession. She would think the City of Winchester would understand that they are not going to have the growth issues that Frederick County has. Perhaps they would be willing to give them time to have a worksession where this can be discussed. Minute Book Number 28 Board of Supervisors Meeting of 1 0/23/02 302 Supervisor Sager stated that this takes him back to the 20/20 Study. He asked Administrator Riley if this was even close, or is he off base? Administrator Riley advised, based on the Federal designation, we have some mandates that we have to meet as far as how we are funded in the future. Operating within the MPO basically deals with the urban issues that the City and County will experience in the future. We still have the other transportation issues that we will deal with, as tradition has dictated, which is the Secondary Road Improvement Plan and the priorities created by this plan and adopted by the Board. It is similar to the way we did things in the past, but it is a different procedure on how we get there. Chairman Shickle inquired about representation from the Town of Stephens City. Administrator Riley advised that Stephens City is anxiously awaiting an answer from the Board as to their appointment process as they are looking forward also to making an appointment to the MPO. Upon motion made by Supervisor Sager, seconded by Supervisor Tyler, Administrator Riley will schedule this worksession. The above motion was approved by the following recorded vote: Richard C. Shickle - Nay 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 UPDATE QN AIR QUALITY INITIATIVE Administrator Riley advised that the Board has before them anotherregional initiative. There has been some initial correspondence sent out from his office about a meeting that Supervisors Reyes and Tyler were invited to attend along with him. This was to get a briefing from EP A on the issue of non-attainment as far as air quality is concerned in our community. He further advised that in January 200 I, EP A identified Winchester and Frederick County in non-attainment for the new eight hour ozone omission standards based on the recommendations from the State Department of Environmental Quality. This new designation places restrictions and requirements on the entire community, governments, businesses, and citizens. Some examples of these designation impacts are additional planning analysis time and cost for all regionally significant Federal and State and local transportation projects. He further advised that DEQ estimates the development of the EOC Minute Book Number 28 Board of Supervisors Meeting of 10/23/02 will require about a month (160 Hours) by a consultant or approximately $8,000 to $12,000. What DEQ would like to see as far as the formation of a compact would include Frederick County, City of Winchester and all counties that touch Frederick County. It would be a West Virginia, Virginia initiative. It would be taking a pro active approach to air quality and putting Frederick County into a position to try and develop guidelines that would make this community a better place to live as far as air quality is concerned. Supervisor Forrester advised that she would be interested in hearing what Director Barker has to say. Director Barker stated that in addition to what Administrator Riley has already said, the other issue right now is to get commitment from the City of Winchester and Frederick County to pursue this activity further. The deadline for filing for this early action compact is December 31, 2002. Supervisor Forrester asked if the counties in West Virginia had been contacted? Director Barker replied, not only West Virginia, but all other localities involved. Supervisor Sager stated that he would like to hear from Jeff Rezin concerning this issue. Jeff Rezin appeared before the Board at which time he explained Frederick County, due to the recommendation from DEQ, and being a non-attainment area, that decision will be made by EP A in 2004, if nothing is done. No action would mean this community would be a non-attainment area, and the requirements of non-attainment that EP A will be putting the guidelines together over the next two years will apply to the community. What is being offered is an eight-hour compact which is an early action plan. They want to try and get the business part ofthe community, the government portion, and those with environmental concerns to work together to try and improve the air quality of the region on their own without having Federal oversite of those activities. Upon motion made by Supervisor Forrester, secondcd by Supervisor Reyes, approval was given for the Early Action Compact with fees to be paid from the Professional Line Item of the County budget. 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 Minute Book Number 28 Board of Supervisors Meeting of 10/23/02 ,'.\ 303 304 SUPERVISOR TYLER ADDRESSES THE BOARD RE: KEEP VIRGINIA GREEN - KEEP AMERICA BEAUTIFUL Supervisor Tyler advised that the County Public Works Department has received State and National recognition for its Regional E Cycle Program. There were a number of people going forward for this recognition and Frederick County came out on top. She feels the County Public Works Department is very committed to this program, and she would like the Board and citizens of the County to know how hard they worked to make this program a success. RESOLUTION (021-02) SUPPORTING EPA WATERSHED INITIATIVE GRANT APPLICATION FOR THE SHENANDOAH VALLEY WATERSHED - APPROVED Administrator Riley presented this resolution to the Board advising that Clarke County's endorsement is enclosed. Upon motion made by Supervisor Sager, seconded by Supervisor Tyler, the following resolution was approved by the following recorded vote: WHEREAS, the U. S. Environmental Protection Agency is soliciting grant applications for up to 1.3 million dollars for projects improving water quality; WHEREAS, the Northern Shenandoah Valley Regional Commission has developed an application to improve water quality in the Shenandoah River Basin in part, through installation of agricultural Best Management Practices (BMPs) and septic tank pumpout practices; WHEREAS, the receipt of the EP A grant will improve water quality throughout the Shenandoah River Basin. NOW, THEREFORE, BE IT RESOLVED, that the Board of Supervisors for the County of Frederick, Virginia supports the application of the Northern Shenandoah Valley Regional Commission for an EPA Watershed Initiative Grant. ADOPTED this 23rd day of October, 2002. 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 COMMITTEE REPORTS FINANCE COMMITTEE REPORT The Finance Committee met in the First Floor Conference Room at 107 North Kent Street on October 16, 2002 at 8:00 a.m. The committee approved items 1, 2,4,7, 8 and 10 under consent agenda. Upon motion made by Supervisor Forrester, seconded by Supervisor Reyes, the consent agenda, as noted above, was approved by the following recorded vote: MinnIe Book Number 28 Board of Supervisors Meeting of 10/23/02 305 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 1. The Personnel Director requests a General Fund supplemental appropriation in the amount of $2.889. This amount represents a budgeted FY 02 expense, however, the bill was not reccived until FY 03. It is requested that this amount be appropriated to line item 1203-3002-000- 000 Professional Services. See attached memo, p. 1-2. The committee recommends approval. - Approved Under Consent Agenda 2. The Sheriff requests a General Fund supplemental appropriation in the amount of $ 1.760.43. This amount represents this department's share in recent DCJS drug seizures and is requested to be appropriated to line item 3102-5413-000-007 Forfcited Property - Surplus. No additional local funds are needed. See attached memo, p. 3-11. The committee recommends approval. - Approved Under Consent Agenda 3. The Public Works Director requests a General Fund supplemental appropriation in the amount of$150.000. This amount represents what is needed to keep the citizens' convenience sites open seven days a week. This request is a result of the board action on June 12,2002. It is requested that this amount be appropriated to line item 4203-1003-000-000 Compactor Site/Part-time. Additional local funds are necessary. See attached memo, p. 12. This item is being forwarded to the Board of Supervisors with no recommendation. - Denied Upon motion made by Supervisor Reyes, seconded by Supervisor Forrester, to approve the above request was denied 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 1. Tyler - Nay Gina A. Forrester - Aye 4. The Administrator for the Lord Fairfax Health District requests that the $6,062.25 in remaining Frederick County funds at year-end be maintained into FY 2003 in the Frederick County Health Department budget. See attached memo, p. 13. The committee recommends approval. - Approved Under Consent Agenda 5. The Parks and Recreation Director requests a General Fund supplemental appropriation in the amount of $111.500. This amount represents the 2nd phase ofthe TEA-21 grant (Bike Trail Project) budgeted in FY 02 but was not completed ($89,200 grant funds, $22,300 local funds). It is requested that this amount be appropriated to line item 7110-8900-000-000 Improvements Other Than Building. See attached memo, p. 14. The committee recommends approval. - Approved Upon motion made by Supervisor Douglas, seconded by Supervisor Forrester, 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 Minute Book Number 28 Board of Su pervisors Meeting of 10/23/02 306 Lynda J. Tyler - Aye Gina A. Forrester - Aye 6. The Parks and Recreation Director requests approval of eight cellular phones to replace permanent lines for basic REC and three new cellular phones. See attached memo, p. 15. The committee recommends approval. - Approved Upon motion made by Supervisor Tyler, seconded by Supervisor Douglas, 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 7. The Planning Director and GIS Director request a General Fund supplemental appropriation in the amount of $20.366.20. This amount represents the retention amount for the Aerial Photo and Orthophoto Project. This amount was budgeted in FY 02, however, the bill was not received until FY 03. It is requested that this amount be appropriated to line item 8101-3002- 000-000 Professional Services. See attached memo, p. 16-17. The committee recommends approval. - Approved Under Consent Agenda 8. The EDC is requesting a General Fund supplemental appropriation in the amount of $100.088. This amount represents the increase to the federal contract for the Shenandoah Valley TeleBusiness Center. Of this increase, $77,333 is for computer upgrades and improvements and $22,755 is to cover a rent increase. This expenditure increase is offset by revenue, therefore, no additional local funds are needed. It is requested that this amount be appropriated to line item 8102- 3002-000-002 TeleBusiness Center. See attached memo, p. 18-21. The committee recommends approval. - Approved Under Consent Agenda 9. The Regional Airport Manager requests an Airport Capital Fund budget transfer in the amount of $45.000. This amount is needed for land acquisition. No additional local funds are needed. Scc attached memo, p. 22. The committee recommends approval. - Approved Upon motion made by Gina A. Forrester and seconded by Lynda J. 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 10. The Regional Airport Manager requests an Airport Capital Fund supplemental appropriation in the amount of$430.000. This amount represents various expenditures budgeted in FY 02 that were not completed. See attached memo, p. 23. The committee recommends approval. - Approved Under Consent Agenda 1 I. The Fire and Rescue Director requests General Fund budget transfers in the amount of $41.000. These transfers are needed to cover overtime costs. No additionallocal funds are needed. See attached memo, p. 24. The committee recommends approval of $20,500 of the request with dialogue continuing at next month's meeting. - Approved Minute Book Number 28 Board of Supervisors Meeting of 10/23/02 307 Upon motion made by Supervisor Sager, seconded by Supervisor Reyes, the above request of$20,500 was approved, in part, 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 12. Attached are overtime reports for the first quarter ofFY 03. The County Administrator asked that these reports be included in the agenda for discussion. See attached report, p. 25-52. The committee recommended that this report be included in the finance committee on a quarterly basis. Board Chai rman Shickle requested that overtime reports be sent to departments on a monthly basis. 13. The County Administrator has been asked to provide battlefield funding alternatives to the Finance Committee for discussion. See attached memo, p. 53-69. The committee recommended the 5% match as noted in Supervisor Forrester's calculation. The committee also recommended that the remaining $227,250 in battlefield funds be frozen due to the current budget crisis. - Approved In Part Supervisor Tyler asked ifit might be appropriate to discuss these, one at a time? Supervisor Sager advised that he would like to discuss several of them individually. He further advised that he would havc to vote no to the proposal as presented. Chairman Shickle recommended that the recommendation be discussed first and then move on, if necessary. Supervisor Forrester recommended that the two items be separated out. First, look at the calculation that considered the 5% match and then look at what should be done with the remaining $227,250. Supervisor Forrester moved for the Board to look first at the recommended 5% match for Belle Grove, Cedar Creek and Fort Collier. (Page 69) ofthe committee report. Fort Collier $25,000, Belle Grove $47,500, and Cedar Creek $62,050. Supervisor Reyes seconded the motion. Supervisor Sager advised that he was very much concerned about the preservation and continuation of the Cedar Creek project. He feels the County needs too "sure up" what is already making us money, which was demonstrated this past weekend with the annual re enactment of Cedar Creek. He feels a little more should be given to those that in turn give back to the County. Supervisor Tyler asked Butch Fravel to appear before the Board at this time. She too has concerns as Supervisor Sager does. She asked Mr. Fravel about the prints and his thought on being Minute Book Number 28 Board of Supervisors Meeting of 10/23/02 308 able to raise funds with this project. Mr. Fravel advised that the artist usually does well, but it is too early to tell at this point. Supervisor Douglas stated that she agrees with what Supervisor Sager said and she too feels we need to help those that have worked so hard such as Cedar Creek. The above motion was approved by the following recorded vote: Richard C. Shickle - Nay 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 Chairman Shickle advised that the second part of the recommendation is the Committee recommends that the remaining $227,250 be frozen due to the current budget crisis. Supervisor Sager asked Mr. Fravel to repeat the amounts oftheir upcoming debt payments. Administrator Riley advised that he felt Supervisor Sager was trying to get Cedar Creek funded at their original request. Supervisor Sager stated that was correct. He wants to see the debt payments paid until the funds from the pictures are received. Administrator Riley advised the original amount request was $116,000. Chairman Shickle advised with the vote that was just approved, the County has committed to $60,250. Administrator Riley advised $55,750 to fully fund Mr. Fravel's request. Supervisor Tyler asked what would prohibit Mr. Fravel from coming back to the Finance Committee with a request. Supervisor Forrester asked ifthat would open it up to the other battlefield groups also? Chairman Shickle asked for clarification on the word "frozen" for what. Administrator Riley advised that the $227,250 stays ear marked, but will not be spent. Supervisor Forrester replied yes, that was her understanding also. Supervisor Sager asked if the Board has benefitted Cedar Creek at alJ in this move? Administrator Riley advised that ifhe understands the desire ofthe Board, they want to help Cedar Creek immediately. They have some fund raising plans that they are still attempting to do, but at some point they are going to come back and request the remainder of the $116,000 that has Minute Book Number 28 Board of Supervisors Meeting of 10/23/02 309 not yet been funded. Chairman Shickle asked if it is possible that this action implies that it encourages Cedar Creek to come back, but discourages the other two groups from coming back for these funds. Administrator Riley advised ifhe understands the Board correctly, yes. Supervisor Forrester stated that was not her understanding at the Finance Committee meeting as they did not distinguish between any of the groups whether they could come back or not. She further advised that Fort Collier is almost paid off. Some Board members had a problem with the word "frozen" as used in this recommendation and exactly what it meant. Supervisor Forrester asked Finance Director Shiffler to come before the Board at this time. Director Shiffler advised that it was her understanding the funds would remain in the appropriated line items, but they were not going to be spent. There was no action to return it to Fund Balance. There was no action to reduce the appropriation, but there was action not to spend the funds. Supervisor Sager asked when were the funds to be spent, when the matches were there? Director Shiffler stated that she felt it was the Finance Committees direction that those funds, at that time, were not going to be spent. They would remain there until the end ofthe year until the Board or Finance Committee chose to spend the funds. At the end ofthe year, if they were unspent, they would be returned to Fund Balance. Chairman Shickle asked Director Shiffler if any action was really necessary? Director Shiffler replied that the funds remain where they are. The consensus of the Board was to take no further action on this matter. *** For Information Only *** 1. The Finance Director gave a report on fund balance. See attached memo, p. 70-71. 2. Attached is a letter from The Metropolitan Washington Ear, Inc. in appreciation for Frederick County's FY 2003 donation. See attached letter, p. 72-74. PLANNING COMMISSION BUSINESS PUBLIC HEARING PUBLIC HEARING - REOUEST FOR PUBLIC ROAD ABANDONMENT - MORGAN FREDERICK LANE (ROUTE 694) - THE CROSEN FAMILY IS REOUESTING THAT THE FREDERICK COUNTY BOARD OF SUPERVISORS Minute Book Number 28 Board of Supervisors Meeting of 10/23/02 310 ABANDON MORGAN FREDERICK LANE (ROUTE 694) AS A PUBLIC ROAD. MORGAN FREDERICK LANE (ROUTE 694) IS CURRENTLY AN UNPAVED STATE ROAD. APPROXIMATELY .4 MILES IN LENGTH. IT IS LOCATED NORTH OF REYNOLDS ROAD (ROUTE 694/600), APPROXIMATELY 1.5 MILES EAST OF NORTH FREDERICK PIKE (ROUTE 522). AND IS WITHIN THE GAINESBORO MAGISTERIAL DISTRICT. (RESOLUTION #017-02) - APPROVED Planner II Jeremy Camp presented this request to the Board advising that staff and Planning Commission recommended approval. There was no public comment. WHEREAS, it appears to this Board that Secondary Route 694 (Morgan Frederick Lane) located north of Reynold Road (Route 694/600) approximately 1.5 miles east of North Frederick Pike (Route 522), a distance of 0.4 miles in length, serves no public necessity and is no longer necessary as a part of the Secondary System of State Highways; and, WHEREAS, a public notice was posted as prescribed under section 33.1-151, Code of Virginia, announcing the intent to abandon altogether the section of road described above from the Secondary System of State Highways; and, WHEREAS, the Frederick County Board of Supervisors held a public hearing on this road abandonment during their regular meeting on October 23,2002; and after considering all evidence ofthe section of Secondary Route 694 is no longer necessary as a part ofthe Secondary System of State Highways. NOW, THEREFORE, BE IT RESOLVED, the Board abandons the above-described section of road and removes it from the Secondary System of State Highways, pursuant to Section 33.1-151, Code of Virginia. BE IT FURTHER RESOLVED, that a certified copy ofthis resolution be forwarded to the Resident Engineer for the Virginia Department of Transportation. Upon motion made by Supervisor Reyes, seconded by Supervisor Tyler, the Request for Public Road Abandonment of Morgan Frederick Lane (Route 694) was approved by the following recorded vote: Richard C. Shickle - Aye W. Harrington Smith, JI. - Absent Robert M. Sager - Aye Margaret B. Douglas - Aye Sidney A. Reyes - Aye Lynda J. Tyler - Aye Gina A. Forrester - Aye OTHER PLANNING ITEMS DISCUSSION OF RACEY PROPERTY UDA EXPANSION - TO BE SCHEDULED FOR PUBLIC HEARING Director Lawrence presented this request to the Board advising that the request was for twenty-six acres making the entire Racey tract for a total of one hundred thirty-two acres. He advised this property is not included in any particular land use plan ofthe County, so it has not been Minute Book Number 28 Board of Supervisors Meeting of 10/23/02 311 designated for any particular land use. Because of its proximity within the urban development area, 80% is in the urban development area, which indicates that suburban residential development might be appropriate. Supervisor Tyler referred to information in the packet from Fairview Farms that concerns her. She feels there are many concerns, just on the passive impacts. Director Lawrence advised he would defer some ofthose thoughts to the applicant, as he has been working with Mr. Stelzel. Administrator Riley advised if a public hearing was going to be held it should be advertised in order that all parties might be present, rather than take comment at tonight's meeting. Upon motion made by Supervisor Sager, seconded by Supervisor Reyes, the Racey Property being requested for UDA expansion will be scheduled for a public hearing. Supervisor Douglas referred to an article that appeared some time ago in the local newspaper which she received many comments about. "That while most people relish the site of cattle grazing in green pastures, the smell of cattle manure or slurry from the hogs and the sound of tractors churning up dust early in the morning are not so picturesque". So if you don't like it, don't move there. Every deed must indicate that the potential homeowners are moving next to an Ag district, and that they will be living next to working farms, and not picturesque open space. The above motion was approved by the following recorded vote: Richard C. Shickle - Nay 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 DISCUSSION OF UDAlSWSA GUIDELINES Director Lawrence presented this to the Board advising that earlier this Summer the Board directed staff to develop a system to assess requests for expansion of the Sewer and Water Service Area (SWSA) and the Urban Development Area (UDA). At that time the Board indicated a desire to guidelines that would assist in their deliberations as to if, when, and where it might be appropriate to expand the growth management areas. He further advised that staff crafted guidelines intended to assist the decision makers in determining if a requested expansion is appropriate and warranted. The draft guidelines were not intended to define and endorse an area expansion, but to merely Minute Book Number 28 Board of Supervisors Meeting of 10/23/02 312 provide guidance to the decision making process. The draft guidelines that staff crafted utilized a point rating system to assess the appropriateness of an expansion request. Neither the CPPS nor Planning Commission supported the rating system. He further advised that the Comprehensive Plans and Programs Subcommittee (CPPS) reviewed the draft guidelines during their September 9,2002 meeting. The CPPS expressed reservations about utilizing a method that quantifies the appropriateness of a UDAlSWSA expansion. He further advised that the Planning Commission reviewed the draft document during a worksession on October 2,2002. The Commission concurred with the comments raised by the CPPS that guidelines may not be the most appropriate method of analyzing an expansion request. He further advised that staff is seeking the Board's guidance regarding what specific items and issues the Board may prefer that staff consider and include in future UDA and SWSA expansion requests. The consensus of the Board was for staff to proceed as outlined by Director Lawrence. ROAD RESOLUTIONS (#018-02. 019-02. 020-02) FOR BRIARWOOD SUBDIVISION. SECTION 1 THRU 4: THE CAMP AT MOSBY STATION. SECTION II: AND OAKDALE CROSSING. SECTION III - APPROVED UNDER CONSENT AGENDA BOARD OF SUPERVISORS COMMENTS Supervisor Tyler addressed earlier remarks by citizen Doug Thomas wherein he vehemently stated that we have an abundance of water. She would suggest that the abundance of water has not been proven when the permit with the City of Winchester is ten million gallons and the County is currently using 9.4, In the future she does not see us expanding millions, and millions of gallons for the growth that may be coming. Administrator Riley advised that Dr. Dean is preparing for his worksession next week and he would like to do a round table format rather than the Board being where they normally are and the school board seated on the benches. He further advised if this is okay, that portion will not be televised. Supervisor Douglas advised she would much rather work with the round table. Chairman Shickle stated that he would like to respond to a comment made earlier this evening. He would advise Mrs. Boyd that she should make her accusations known, or she should be prepared to go to court. Some of us are a little tired of the innuendos that some people have spread about at Board meetings in a public way. That is my advice to her. Minute Book Number 28 Board of Supervisors Meeting of 10/23/02 313 THERE BEING NO FURTHER BUSINESS TO COME BEFORE THIS BOARD, THIS MEETING IS HEREBY ADJOURNED. (TIME: 9:03 P.M.) , ~,2\) D-L) Richard C. Shickle Chairman, Board of Supervisors ~j/ Jolt Riley, Jr. f Clerk, Board of Supervisors Minutes Prepared By: ()O-L-=1. -1;- ,r:.nl I QL,> c;) Carol T. Bayliss Deputy Clerk, Board of Supervisors Minute Book Number 28 Board of Supervisors Meeting of 10/23/02