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March 27, 2002 Regular Meeting 681 A Regular Meeting of the Frederick County Board of Supervisors was held on March 27, 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 1. Tyler. ABSENT Vice Chairman W. Harrington Smith, Jr. - due to illness. CALL TO ORDER Chairman Shickle called the meeting to order. INVOCATION The invocation was delivered by Reverend Robert T. Hughes of the Universal Unitarian Church. PLEDGE OF ALLEGIANCE ADOPTION OF AGENDA Administrator Riley requested to have the second Board meeting of April moved due to certain staff members being out OftOWll for a meeting. Upon motion made by Supervisor Sager, seconded by Supervisor Forrester, the agenda was approved, as amended, by the following recorded vote: Richard C. Shickle - Aye W. Harrington Smith, Ir. - Absent Robert M. Sager - Aye Margaret B. Douglas - Aye Sidney A. Reyes - Aye Lynda J. Tyler - Aye Gina A. Forrester - Aye PUBLIC HEARING PROPOSED FISCAL YEAR 2002-2003 BUDGET Administrator Riley presented this proposal by using slides and informational sheets that had been provided to the Board and public. CHAIRMAN SHICKLE REOUESTED TIME FOR INTRODUCTION OF LOCAL BOY SCOUT TROOP PRIOR TO PUBLIC HEARING ON BUDGET Rob Humphrey, Scoutmaster of Troop I, appeared before the Board to introduce the Minute Book Number 27 Board of Supervisors Meeting of 03/27/02 682 members. He advised that the scouts were attending the meeting, as part of their requirement for achieving one of their badges. He further advised that this troop is chartered by Grace Lutheran Church. PUBLIC HEARING ON FISCAL YEAR 2002-2003 BUDGET Chairman Shickle read the guidelines for the public hearing advising that anyone wishing to speak to the Board would be given 3 minutes. The following citizens appeared before the Board: Stephen Kerr, Executive Director of Northern Shenandoah Valley Regional Commission, asked the Board to reconsider the amount oftheir donation to the Commission. He advised that he knew budgets were tight in light of funding that has been either reduced or cut by the State. However, the Commission has not had an increase in the past six years. He further advised that this funding is very important for the Commission's continued operation and he would be happy to answer any questions the Board might have. Dr. Marilyn Beck, President of Lord Fairfax Community College, asked the Board to fully fund their request of $47,378. She advised that the college has grown 2 and Yz times since 1988. She further advised that $437,500 is the cost for the site development for the new science building, and urged the Board to support their community college in light ofthe fact that 58% ofthe students attending the college live in Frederick County. Richard Stephenson, Chairman of Regional Library Board, advised the Board that their budget is being reduced 11 % by the State. He asked the Board to reconsider their donation to the library as these funds would be used in part for the widening ofthe current sidewalk and parking lot. Hemy Buettner, Gainesboro District, asked the Board to revisit revenue sharing with the City of Winchester. He referred to the amounts that each locality would realize from this revenue and this amount would help a great deal in the area of educational cost. He feels it would be good for a committee to be established to research this issue. Joe Eckard, Opequon District, advised that he had been a resident ofthe County since March of 1990. He is concerned about what he has been reading about Warrior Drive. He presented a petition with the signatures of70 area residents that do not want Warrior Drive in their backyard. Howard Kittell, Executive Director of Shenandoah Valley Battlefields Foundation, advised the Board of what the Foundation was trying to achieve in preserving certain battlefields within Minute Book Number 27 Board of Supervisors Meeting of 03/27/02 683 Frederick County. He further advised that the cost for this preservation is $1.25 million per year. He feels this is a very good investment and that it would generate over 300,000 travelers per year to this area. Doug Dolan, Red Bud District, attempted to discuss Warrior Drive, but Chairman Shickle advised him this comment period was only for matters relating to the budget, and that he should hold his remarks and speak under the Citizen Comment section of the agenda. Charles Dunn, Opequon District, thanked the Board for their support ofthe retirement fund for volunteer firemen, which is part of this budget package. He advised that he was speaking on behalf of the Firemen's Association. Cathv Browning, Back Creek District, and President of Teachers Association, advised the Board that there would be 30 students in most classes next year, and this concerned her as she does not like that ratio in a classroom. She does have grave concerns about the future of education in the county. She urged to Board to fund the entire school board budget. Don Butler, Back Creek District, serves as citizen member on County Finance Committee, thanked the Board as well as staff for all their efforts on behalf ofthis budget. He is opposed to the funding of$250,000 for battlefield preservation in this year's budget, as he feels this is the wrong year to fund this expenditure. Mark Stivers, Stonewall District, advised that he lived elsewhere for 12 years before coming to Frederick County and he understands how difficult budgets can be. He does not object to the Board raising taxes ifthis is what it takes to fund the necessary requests within a budget. Dave Koller, Gainesboro District, Chairman ofEDC. He feels the Board has a most difficult and unrewardingjob and that trust and balance are very important in this budget. He feels the county needs industry as well as recreation. He reminded everyone that once trust is lost or broken it is very hard to get back. Stuart Wolk, Gainesboro District, Chairman of Frederick County School Board. Thanked the Board for all the funding made possible over the years for the schools. However, he feels they are currently at a crossroads, and if necessary funds are not made available, they will stand still or go backwards. He implored the Board to give more of the funds that the school board asked for. Pattv Tavlor, Superintendent of Instruction for County School System, spoke on behalf of Superintendent Dean who was unable to be present. Ms. Taylor conveyed Dr. Dean's thanks to the Minute Book Number 27 Board of Supervisors Meeting of 03/27/02 68 Board for their past funding as well as what was being provided this year. She advised of the cuts that would be necessary, due to fact that their full funding request was not being approved by the Board. She further advised that any additional funding that might be made available would be very much appreciated. Tricia Stiles, Vice President of County School Board, thanked the Board for what they have given the school board; however, they do have concerns how this shortfall in funding will effect students and faculty. Dave Burgess, Shawnee District, expressed his opposition to the local sales tax that had been proposed and failed in the General Assembly. Mike McMillan, Opequon District, was listed on the sign up sheet; however, he advised that he would wait and address the Board under Citizen Comment. Walt Cunningham, Shawnee District, and President of Fire and Rescue Association. He thanked the Board for their generosity in the area of Fire and Rescue and their funding in this year's budget. Kevin Kennedv, Gainesboro District, endorsed the funding for the battlefields. He does not feel this is the wrong year as stated earlier in this meeting, he feels it is the right year. COUNTY OFFICIALS COMMITTEE APPOINTMENTS HISTORIC RESOURCES ADVISORY BOARD. OPEOUON DISTRICT. NO APPOINTMENT AT THIS TIME Supervisor Sager advised that he has been unable to find anyone who might be interested in serving on this Board. He asked that this be advertised in the local paper in hopes, with this type of exposure, someone from his district might be interested and get in touch with him. COMMITTEE REPORTS FINANCE The Finance Committee met in the First Floor Conference Room at 107 North Kent Street on March 20,2002 at 8:00 a.m. The committee approved agenda items 1,3,4,5,6, 7 and 11 under consent agenda. This report was presented by Supervisor Forrester in Supervisor Smith's absence. Nothing was approved under consent agenda. 1. The Department ofJuveni1e Justice requests a General Fund supplemental appropriation in the amount of$26,908. This amount represents unexpended grant funds available in the VJCCCA budget at June 30, 2001. It is requested that these monies be carried forward into FY 2002-2003. Minute Book Number 27 Board of Supervisors Meeting of 03/27/02 685 No additional local funds are needed. See attached memo, p. 1. The committee recommends approval. - Approved Upon motion made by Supervisor Forrester, 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 J. Tyler - Aye Gina A. Forrester - Aye 2. The County Administrator requests a General Fund supplemental appropriation in the amount of$16.850. This amount is needed to purchase and install cable cameras for the Board of Supervisors meeting room. Additional local funds are necessary. See attached memo, p. 2-5. The committee recommends approval. - Approved Upon motion made by Supervisor Forrester, seconded by Supervisor Tyler, the above 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 3. The Sheriff requests a General Fund supplemental appropriation in the amount of $999.72. This amount represents vehicle insurance reimbursements and is requested to be appropriated to line item 31 02-3004-000-002 Repair and Maintenance - Vehicle. No additional local funds are needed. See attached memos, p. 6-7. The committee recommends approval. - Approved Upon motion made by Supervisor Forrester, seconded by Supervisor Sager, 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 4. The Sheriff requests a General Fund supplemental appropriation in the amount of$450. This amount represents donations to the DARE Program and is requested to be appropriated to line item 3102-5413-000-001 Drug Program. No additional local funds are needed. See attached memos, p. 8-11. The committee recommends approval. - Approved Upon motion made by Supervisor Forrester, seconded by Supervisor Reyes, the above request was approved by the following recorded vote: Richard C. Shickle - Aye Minute Book Number 27 Board of Supervisors Meeting of 03/27/02 686 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 5. The Sheriff requests a General Fund supplemental appropriation in the amount of $438.96. This amount represents this department's share in recent drug forfeitures and is requested to be appropriated to line item 3102-5413-000-007 Forfeited Property - Surplus. No additional local funds are needed. See attached memo, p. 12. The committee recommends approval. - Approved Upon motion made by Supervisor Forrester, 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 1. Tyler - Aye Gina A. Forrester - Aye 6. The Fire and Rescue Department requests a General Fund supplemental appropriation in the amount of$230. This amount represents a vehicle insurance reimbursement and is requested to be appropriated to line item 3505-3004-000-002 Repair and Maintenance - Vehicle. No additional local funds are needed. See attached memo, p. 13-14. The committee recommends approval. - Approved Upon motion made by Supervisor Forrester, 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 1. Tyler - Aye Gina A. Forrester - Aye 7. The Recycling Coordinator requests a General Fund supplemental appropriation in the amount of $445. This amount represents the remainder of a grant received and is requested to be appropriated to line item 4203-5415-000-000 Other Expenses so that the final phase of the grant project may be completed. No additionallocal funds are needed. See attached memo, p. 15-16. The committee recommends approval. - Approved Upon motion made by Supervisor Forrester, seconded by Supervisor Sager, 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 Minute Book Number 27 Board of Supervisors Meeting of 03/27/02 687 8. The Frederick County Registrar requests General Fund budget transfers in the amount of $1.180. These transfers are needed for expenses in various line items related to the recent redistricting. No additional local funds are needed. See attached memo, p. 17-21. The committee recommends approval. - Approved Upon motion made by Supervisor Forrester, 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 9. The Jail Superintendent requests RegionalJail budget transfers in the amount of$12.500. These transfers are needed to cover anticipated expenditures in various line items. No additional local funds are needed. See attached memo, p. 22. The committee recommends approval. - Approved Upon motion made by Supervisor Forrester, seconded by Supervisor Reyes, the above request was approved by the following recorded vote: Richard C. Shickle - Aye W. Harrington Smith, Jr. - Absent Robert M. Sager - Aye Margaret B. Douglas - Aye Sidney A. Reyes - Aye Lynda J. Tyler - Aye Gina A. Forrester - Aye 10. The Jail Superintendent requests Regional Jail budget transfers in the amount of$ 72. 000. These transfers are needed to cover additional expenditures for Food and Food Supplies due to the increased population at the jail. No additiona110ca1 funds are needed. See attached memo, p. 23. The committee recommends approval. - Approved Upon motion made by Supervisor Forrester, seconded by Supervisor Sager, 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 11. The Director of the Regional Airport requests an Aimort Fund supplemental appropriation in the amount of$115.000. This amount represents an increase in the Merchandise for Resale expenditure line item and is being offset by unanticipated revenue to be received for jet fuel. No additional local funds are needed. See attached memo, p. 24. The committee recommends approval. - Approved Upon motion made by Supervisor Forrester, seconded by Supervisor Douglas, the above Minute Book Number 27 Board of Supervisors Meeting of 03/27/02 688 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 12. The Commonwealth Attorney requests a General Fund supplemental appropriation in the amount of $21.593. This amount is needed to hire an Office Assistant III for this department. Additional local funds are necessary. See attached memo, p. 25. The committee recommends approval for the current year and also recommends approval for funding in the FY 03 budget not to exceed the starting salary of$21,593.00. - Approved Upon motion made by Supervisor Forrester, seconded by Supervisor Sager, 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 13. The Frederick County Battlefield Partnership requests a General Fund supplemental appropriation in the amount of $250.000 annuallv for three vears. Answers to questions raised at February's Finance Committee meeting are included. Additional local funds are necessary. See attached memo, p. 26-36. The committee recommends forwarding this item to the Board with no recommendation. - No Action **For Information Only** John Goode presented the Finance Committee a handout on the Frederick County Battlefield Partnership Funding Request. This handout is included as p. 37. CITIZEN COMMENTS Doug Dolan, Red Bud District, attended the meeting held this morning by Commonwealth Transportation Board (CTB) member Olivia "Libby" Welsh, and he was very disturbed that his Board representative elected not to be in attendance at this meeting. He was also concerned that the other three members of the Board that voted to delete Route 37 from the Primary Road Improvement Plan also elected not to attend this meeting. He feels these four Board members are not looking at the long term interest of the citizens of this county with actions such as this. Kevin Kennedy, Gainesboro District, advised the Board of his opinion of conservative and the fact that in his opinion he feels the Board regards themselves as conservatives. He further advised of his thoughts and beliefs on what it means to be conservative. He thanked the Board for Minute Book Number 27 Board of Supervisors Meeting of 03/27/02 689 their vote on Route 37. He strongly urged the Board, now that Route 37 is behind us, to put the county planners and other paid county employees to work on developing plans to alleviate very real traffic problems in parts of the county. Pam Kennedy, Gainesboro District, feels a theme that has been discussed before needs to be revisited, and apparently with an urgency. The theme is the maintenance of the public's trust. It has been discussed that elected officials must not represent their own personal interest, or pursue the interest of their closest associates, but with some of our Supervisors this seems to be an area still worthy of scrutiny. She asked the Supervisors ifthey were truly representing the county as a whole or is it a specific group an investment of speculation. If the latter is the case, she recommended to the Board 3R's, rethink your role. Reconsider your responsibility to the citizens, and if your tally falls short, think about resigning or not running in the future, because the public's trust has been ground to dust. What about the paid employees of the County. Have you made every effort to be a good steward of your area of responsibility or are you also violating the public's trust by not providing information in a timely manner by preventing incomplete or marginally distorted data by pandering to a subset ofthe community, a vested interest. If this is indeed what you are doing, you need to evaluate whether you should continue in your present job. Your job is to the taxpayers, who are represented by the supervisors, you work for the majority not a self serving minority. Your role, especially in the area of water and planning, is to be cognizant of the problems facing the county's infrastructure and then to propose possible remedies, this is your job. If you cannot do it find something you can do outside of county government. What about the citizens appointed to County boards and commissions, do you understand your role, are you doing it? Do you read your briefing papers before the meeting, do you visit the sites under consideration, do you ask questions? Some of these citizen members are reappointed and reappointed and reappointed and serve on more than one board. There needs to be a limit on the number of years served. I was horrified and offended, as a citizen, when I recently attended a committee meeting and heard several members say, and I quote, let the experts make the decisions. The experts, you are suppose to be the citizen expert, if you cannot do this or are unwilling to do this, then resign, let others do the job. Government cannot exist with blind followers who function as iftheir tongues and brains have been severed. Frederick County faces an incredible challenge, either rise to meet the challenge, think out side of the box, truly represent the county as a whole or step aside, this is a new day. Minute Book Number 27 Board of Supervisors Meeting of 03/27/02 69 Phil Daley, Back Creek District, commended the four members that voted against Route 37, as he feels this is true vision. He feels this decision will only continue to improve the quality oflife in Frederick County. He feels the quality oflife in Frederick County ranks much higher on the scale than the movement of cars. He further expressed his concerns about the southern part of the county, the part that starts at the southern end of Step hens City and runs south through Middletown. He feels there are important issues that are taking place in this section ofthe county that he feels the Board needs to be made aware of. He feels Middletown is coming under the pressure of unplanned development and with this development will come changes, changes that will turn this section ofthe county into something that the long time residents of this area do not want. Gene Fisher, Shawnee District, addressed the many changes that have taken place, and the fact that these changes effect the comprehensive plan. As a planning member he feels it is difficult to know how to plan given these changes and asked that some direction be provided by the Board. He referred to acrage that is available for industrial use, and unless there is an industrial base, he assured those present that the county's taxes would definitely be going up. In order for the planning commission to plan, they need direction from this Board. Don Butler, Back Creek District, advised that he has been a resident since 1989 and since that time he has interacted with county staff almost since day one, and he would say without exception, that he finds the county staff one of the finest groups of people to work. He has worked with county staff in other localities, and feels the Frederick County staff does an excellent job and they should continue in this direction. Mike McMillan, Opequon District, addressed the area of strategic planning. He feels the request ofthe past two speakers addressed this same area when they asked that the decisions of the Board be made around Frederick County. He felt it was very important for the Board to not make a decision about a strategy without a clear vision. Sharon Gluch, Shawnee District, advised of a time when her daughter boarded a school bus on Tasker Road, and due to the heavy traffic in this area, was almost struck. She asked the Board how they could say that Route 37 is not important. She referred to another situation with her father and the need to get him to the hospital as quickly as possible and this was made possible because of Route 37 West. She does not understand how anyone could feel that Route 37 is not needed when everyone sees on a daily basis the gridlock that area residents are currently dealing with. It is a Minute Book Number 27 Board of Supervisors Meeting of 03/27/02 691 safety issue, and it must be dealt with. David Koller, property owner in Gainesboro District, is disappointed about the vote on Route 37. He referred to the steering committee that was appointed in 1990 to work on a 20/20 Vision project on the very same issues that are being discussed today. He further advised that this committee consisted of area residents from a very broad section ofthe community. He advised that he was disappointed that not all the Board members chose to attend the CTB meeting that was held this morning. He has heard a great deal about trust during the past few months and his feelings are that the absence of certain Board members at this morning's meeting said a great deal. Henry Buettner, Gainesboro District, has lived here since 1975. He feels the county has an excellent staff and a great community. He feels Route 37 is needed and that we need to move forward in that direction, and for those that think widening Interstate 81 is the solution to the area's traffic problems, they are wrong. If Route 37 is not constructed this community will see a gridlock that will be unsolvable by the year 20 15. The community also needs good economic growth in order to take care of the budget needs. Jackie Wadsworth, Stonewall District, thanked those who voted against Route 37 as she and her husband will be directly effected by this. She has seen a number of plans and is not sure which one is the final one, but based on the one that she saw, the road would come right by their house. This means they would loose their home, and she feels she and her husband are at the age that they could not rebuild. Hazel Marie Orndoff, Stonewall District, respected the views of those that have spoken tonight, and endorsed the remarks of Doug Dolan and Henry Buettner. She advised of an accident she was in on Interstate 81 which was a terrifying experience. She further advised of her attendance at this morning's meeting ofthe CTB at which time she learned that the current traffic on Interstate 81 is twice the amount that it was designed for. She feels the protection of the area residents on our roads should be a primary concern of the Board, and asked that they reconsider their earlier decision to eliminate Route 37 from the Primary Road Improvement Plan. Bob Wells, Opequon District, quality oflife, he does not know that he has ever had a true definition of quality oflife. He moved here from Washington, D.C. in 1966, and the quality oflife in Frederick County then compared to now is extremely different. He feels his quality of life has improved every year since being in Frederick County. He does not feel any Board member makes Minute Book Number 27 Board of Supervisors Meeting of 03/27/02 692 a courageous vote. Courageous people fight in wars, save lives and put their lives on the line. The Board members lives are not on the line. He feels Route 37 is the right decision and the Board needs to do it, and he feels those that voted in favor of this project made the right decision. He is disappointed in those Board members that did not have the courage to show up at this morning's meeting, and that says a lot in itself. Pat Gochenour, Red Bud District, and Vice President of Seek and See. A resident of Frederick County for 67 years. She referred to the changes that she has had to adapt to over the past several years due to development and the drying up of wetlands which she feels has taken away her enjoyment of nature as she once knew it. She thanked her representative Supervisor Forrester and the other Board members that voted against Route 37. Dave Burgess, Shawnee District, stated that his only concern is that the voters are heard with regard to Route 37. He referred to the various polls that had been taken concerning this project and suggested maybe the county might want to retain the service of a professional group to conduct such a poll. He understands from the county attorney this is something that cannot be put to referendum. Mark Stivers, Stonewall District, thanked his Supervisor for her vote on the Route 37 proj ect and complemented the entire Board for its consideration of this matter. He feels that Route 37 is but part of the big issue that this county faces. However, for the record, Route 37 was a public matter at the last meeting, (March 13), and it was presented that the vote had to be taken at that meeting for the public hearing on the budget was scheduled for the next meeting, and it's advisable that it be taken care of. He further addressed the fact that due to time constraints it was stated that there would be no time to have a public hearing. He referred to the environmental impact study that was done on Route 37 and released in April of2001. He advised there has not been public input received on this document since its release. He referred to the section containing various documents, as well as a decision that had been rendered in August, wherein the Federal Highway Administration Authority stated "the purpose of the project is to act as an effective tool to promote and direct the economic development efforts ofthe region". It has nothing to do with safety, it has as it's primary objective, economic development. He feels economic modeling is critical, it is an objective tool. He referred to the lawsuit, that he was a party of, against Frederick County. He was disturbed because what you find when you go through this study is ----of dishonesty in this community for a number of years, and he points specifically to a Memorandum of Agreement that was signed in 1999. Why is that Minute Book Number 27 Board of Supervisors Meeting of 03/27/02 693 important? (His 3 minutes was up). Kenneth Y. Stiles, Stonewall District, referred to different speakers that have appeared at tonight's meeting opposing Route 37 and have addressed a need for a vision, a strategy, and a dialogue. He advised ifthat had taken place among those that wanted to kill it, then I think that was a decision that people would have tolerated. As far as dialogue, it is his understanding that the four that voted against it didn't even bother to discuss it with other Board members, or with staff. There was no dialogue, this was a back room deal that was cut and dry when the meeting started. There was no chance for dialogue, if they wanted to revisit this issue, the opportunity could have been created to have the dialogue and discussion that everybody says is so desirable. If anyone questions the results of the poll, I invite the press to conduct their own poll. I'm confident on how the poll was done that it was an honest reflection ofthe opinion ofthe people of Frederick County. I could not stand here and listen to Mrs. Kennedy's comments without responding. Her innuendos and attacks on members of this Board and the employees ofthis county are an insufferable insult. If she has facts and actual charges and claims, let her take them to the State Police of illegal behavior, and let the investigation go, and if it turns it up, he will be the first to join her and say it is time for somebody to go. Until she can do that, and present actual facts and actual charges-?- to stand up here and imply that certain unnamed members ofthis Board, and certain unnamed county employees are guilty of unethical behavior, is absolutely in and of it's self unethical and insulting to the intelligence ofthe people, and I think is an absolute outrage. Doug Dolan, Red Bud District, referred to the CTB meeting this morning and the fact that it is a State issue, it is not a Board issue as clarified by Mrs. Libby Welsh at the meeting. Had those Board members that voted against Route 37, attended this meeting, then perhaps they could have questioned her position on this. Sam Lehman, Back Creek District, referred to the petitions that were gathered at the regular election in 1991. He advised if anyone would like to see the petitions he would be happy to make them available after the meeting. He further advised that there is a big difference between petitions signed by the voters at the polls, and those that are done by phone. He feels if there are traffic problems in an urban area, then roads should be built in an urban area to solve them, or right on the edge of the urban area. This road is out a good ways and would promote a lot of economic development. He feels that when the large tracts of land were zoned in the Fredericktowne and Minute Book Number 27 Board of Supervisors Meeting of 03/27/02 694 Senseny Road areas, the Boards should have made sure donations ofland were adequate in order to have the roads to handle this traffic. Mark Stivers, I will pick up where I left off. The historic district in Stephenson, the Milburn Historic District and also the Camp Russell Historic District, the county needs to revisit that issue. The reason being, if we are going to talk about Route 37 and what we can and cannot do and what the State can enforce and what it cannot, we have to be intellectually honest. He addressed the 4F Funding and what it states in the information he has on Route 37. He suggested that, among other things, the county begin to look at what happened, why did this particular course of action transpire and what can the county do at this point and time to intellectually and honestly answer that question. He feels the county needs to say to the State we want to reexamine this whole issue. Jack Drumheller, Stonewall District, advised that he too attended the meeting this morning with Mrs. Welsh, and was surprised and dismayed that VDOT had four staff members that traveled over one hundred miles to spend time with Frederick County officials to try and work our way through the Route 37 issue. Yet those Board members that had concerns and questions did not have the time, or was not available to be at this meeting. He further advised that one of the things he picked up on at the meeting was that Route 37 is planned as a limited access road, meaning there will not be a lot of exit ramps. It is not a road to promote development, it is a road to move traffic around Winchester much like Route 37 to the west. He further advised by using this road to do so many things, it keeps his family from having to use Interstate 81, which we all know is not suitable for moving local traffic. He referred to a statement that had been made, that ifthe Route 37 project was turned down, these funds could be used on other roads within the county that need to be improved. This is not true, as funds cannot be transferred from one road fund to another. He further advised that he could not understand why Supervisor Reyes would be willing to meet with Mrs. Welsh in private, but not willing to come to this morning's meeting and discuss with her, in public, what his concerns or thoughts might be. He feels that basing your decision on a ten year study is a flawed means of determining whether this road is important and needs to be built. If a decision is going to be made, on a study, I certainly think it should be more current than ten years. Sharon Boyd, Gainesboro District, thanked Supervisor Reyes, her representative, for his vote against Route 37 road plan, as well as the other Board members making the same vote. Ms. Boyd stated that a number of speakers referred to this morning's meeting. She did not read about it until Minute Book Number 27 Board of Supervisors Meeting of 03/27102 "'95 11 a.m. in today's paper that the meeting was open to the public. She further stated that an article in the Northern Virginia Daily advised that certain Board members had informed Mrs. Welsh that they would not be attending this meeting. She advised of how Route 37 west had effected her family having lived at this location for a number of years when Route 37 was built, and she knows first hand the noise from the trucks on this road and how it effected their quality of life. She further advised that the plan for Route 37 to be built was done for economic development and it made no difference what the environmental study conclusions were. She feels this is not proper planning. Chuck Maddox, Shawnee District, stated that as reported at the meeting held this morning by the officials from VDOT, this road was planned, not for economic development, but for moving people, not only from within our area, but also out of the area safely and conveniently. The inference that there is some other agenda here, is simply wrong. He advised that he would like to clarify something that he has heard with regard to federal funds being used. Whenever you use federal funds on a project, which they hope to obtain, there is an option and the ability under this plan to gain considerable more funding for this particular project. In order to use these funds you have to go through the National Environmental Policy Act and that requires an environmental assessment, this was done and paid for by the county. Before this becomes law, there is a mandatory advertisement that is published in the local newspaper. If any issues are raised, VDOT will automatically schedule a public hearing, and he is sure it was followed in this case. Dave Koller, Chairman EDC, referred to an earlier statement made by one of the citizens wherein they referred to 5600 acres of industrial land, he is not aware of this. He explained that if something is planned or projected, is a great deal different than what is real. He reminded the Supervisors that industry is not pounding on the door to get into this community. He further stated that Route 37 was never designed or intended as an economic development tool. He referred to an earlier statement made by Mark Stivers and Route 37 being constructed for economic development vehicle. He told the Board that through the county planning and zoning department is where command and control oversees gets built and what doesn't get built. That road is there to release traffic. He further stated that just because I might disagree with you, does not justify that in return I am being accused of being intellectually dishonest. Henry Buettner, Gainesboro District, the amount that has been paid by the State of Virginia for this project exceeds $2 million. Ifthis project is removed from the construction schedule the $2 Minute Book Number 27 Board of Supervisors Meeting of 03/27/02 69 million plus will have to be paid back by Frederick County. He does not feel the taxpayers of Frederick County should be saddled with this burden. He said to those that think Route 37 East is not needed, maybe we should try shutting down Route 37 West for just one day and see what an impact this will have on traffic trying to get through Winchester. Joe Eckard, Opequon District, feels the roads should have been built first, but instead the houses were built first in the area of Warrior Drive. Perhaps a moratorium should be put on all new home construction until the roads are built. He asked if Frederick County is a county of citizens, or a county of developers? Catherine Whitesell, Back Creek District, addressed Fort Collier and the work she has been doing on this project along with her board. They are in the process of buying this property as soon as the funds are received from the Federal Government. She further addressed the tourism dollars that would be coming to the county, once this project is completed and made available to the public. She further addressed Route 37, but if you look at what is happening at Stephenson, it's a major problem. We have signing of a document by county administration that was unknown to some Board members. Staff stated the Milburn District was never considered by the Board of Supervisors, it was not part of any of the county plans to date, that from September 27, 2000, excuse me, is 37 not a county plan to date. There are some real conflicts, so guys lets all try and get on the same page. Weare going to have to work together. No one wants to shut the county down economically. We have a huge engine here for tourism, lets move forward. Sharon Boyd, Gainesboro District, wanted to expand on what Ms. Whitesell had said. It is interesting to her, as she is going through this it says, "although the Milburn Rural Historic District was established late in the process without the benefit of public involvement". The selective alternative with having a historic district had been taken into account - ?--with agreement that was signed in 1999 by Mr. John Riley on behalf of our county. She referred to minutes of the meeting of September 2000 wherein Evan Wyatt presented his explanation of what had transpired with this agreement. She addressed the role Route 37 played and also questioned the role of economic development in this plan. She asked why the taxpayers paid $1.2 million plus, plus. Good question. Resident Engineer Jerry Copp appeared before the Board advising that he represented Virginia Commonwealth Transportation Board, but he also represents Frederick County in transportation issues. He advised that county staff asked him some time ago when the CTB was Minute Book Number 27 Board of Supervisors Meeting of 03/27/02 697 going to have their hearing. His response at that time was, that he really did not know as the last few years it had been in the Fall. He further advised on the day he received his notice of the hearing he notified County Administrator Riley that the hearing was scheduled for April 5. He feels Frederick County has an excellent transportation plan in that they have a transportation committee that has public hearings, a planning commission that has public hearings, and the Board has public hearings and all this information is provided to the Board, and they in turn make a decision. He feels the Board does have a great open concept. He further advised that in this particular situation the Board did not know when the CTB meeting was going to be held. He addressed Route 37 and the fact that it has been said, if Route 37 is not built, Route 81 will take care of it. He advised that a study was done for the Winchester Area Transportation Plan and Route 37, which was started around 1988. He advised that a number of people were involved such as citizens, professionals and Board members. He stated that between all these individuals a plan was put together and they were able, as professionals, to design a transportation plan for Frederick County that they felt would meet the county's comprehensive plan, but also keep in mind the traffic growth that was coming in and through the county that neither the Board nor VDOT can control. Given all this information the plan was adopted in 1998 by the Frederick County Board of Supervisors Winchester City Council, and the Town of Stephens City. He advised that when this Board voted on March 13, and voted down the Route 37 project, he was somewhat complex ed, as he does not know what he is supposed to do. He feels a road like 37, where there are no traffic lights, is what is needed in order to keep the traffic moving. He stated there might be another way, 37 might notbe the total answer. He hopes this does not turn personal as it needs to be kept on a professional basis. He feels that we need to look at the bigger picture, the traffic that comes into and out ofthis county that has nothing to do with Frederick County. Dave Koller, Gainesboro District, advised that tourism dollars are not what you want to try and balance a budget with, as it is kind of like fuel sales at the airport. Those sales fluctuate and tourism can do the same thing. Put them in as part of the formula, but not to try and balance the budget. Referred to what has been said about John Riley and the signing of a document. In his estimation, John Riley is a man ofthe highest integrity and he knows he would not do anything that would be improper, immoral or irregular. Bill Rosenberry, Shawnee District, Planning Commission Representative, he feels the Route Minute Book Number 27 Board of Supervisors Meetiug of 03/27/02 69 37 East is too far east to help with the current north south traffic issue. He feels this would encourage development east of Winchester. BOARD OF SUPERVISOR COMMENTS Chairman Shickle advised Board members of his interpretation of what happened at the CTB meeting held this morning. He further advised Board members if it is their desire to attend the meeting on April 5, in Staunton, then by all means they should do so. SECOND BOARD MEETING OF APRIL CHANGED TO MONDAY APRIL 22 Following discussion, it was the consensus of the Board members that the second Board meeting of April would be changed to Monday April 22. Upon motion made by Supervisor Douglas, seconded by Supervisor Tyler, the meeting changed, as noted above, 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 UPON MOTION MADE BY SUPERVISOR SAGER, SECONDED BY SUPERVISOR REYES, THERE BEING NO FURTHER BUSINESS TO COME BEFORE THIS BOARD, THIS MEETING IS HEREBY ADJOURNED. (TIME: 9:55 P.M.) v~--C? ~~-h--, Richard C. Shickle Chairman, Board of Supervisors Minutes Prepared By: !1.?Lvl-:-i ~ ,-:r;C>L'-j x-c 00_) Carol T. Bayliss l Deputy Clerk, Board of Supervisors Minute Book Number 27 Board of Supervisors Meeting of 03/27/02