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October 24, 2001 Regular Meeting 49 A Regular Meeting of the Frederick County Board of Supervisors was held on October 24, 2001, 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; Vice Chairman Charles W. Orndoff, Sr.; W. Harrington Smith, Ir.; Robert M. Sager; Margaret B. Douglas; and Sidney A. Reyes. CALL TO ORDER Chairman Shickle called the meeting to order. INVOCATION The invocation was delivered by Reverend Barry S. Foster of Shenandoah University. PLEDGE OF ALLEGIANCE ADOPTION OF AGENDA Chairman Shickle requested to have Board Comments moved on the agenda to follow Citizen Comments. Supervisor Sager requested to have the Animal Control Officer position, that was denied by the Board at their last meeting, be returned to the Board for further discussion and consideration. Upon motion made by Supervisor Smith, seconded by Supervisor Orndoff, the agenda was adopted, as amended, by the following recorded vote: Richard C. Shickle - Aye Charles W. Orndoff, Sr. - Aye W. Harrington Smith, Ir. - Aye Robert M. Sager - Aye Margaret B. Douglas - Aye Sidney A. Reyes - Aye CONSENT AGENDA County Administrator Riley explained that Tab B had to do with the cancellation of the Board meetings during the 2001 Holiday Season; however, due to the amount of requests the planning department have it might be necessary for the Board to hold a second meeting in November. (These dates are the regularly scheduled meeting dates - 2nd Wednesday.) Upon motion made by Supervisor Sager, seconded by Supervisor Reyes, the consent agenda was approved, as presented, by the following recorded vote: Richard C. Shickle - Aye Charles W. Orndoff, Sr. - Aye Minute Book Number 27 Board of Supervisors Meeting of 10/24/01 495 W. Harrington Smith, Jr. - Aye Robert M. Sager - Aye Margaret B. Douglas - Aye Sidney A. Reyes - Aye (The following comments are basically verbatim as to what was said.) CITIZEN COMMENTS Sharon Boyd, Gainesboro District, Members ofthe Board, you gentlemen and Mrs. Douglas have been elected to represent the citizens ofthis community, and in doing so you are charged with responsibility of leadership and upholding the highest ethical and moral standards. It has been reported and verified by members of your Board that on June 13 you acted illegally at a closed session at which time Supervisor Orndoff suggested a delay on the Shockey vote until after the November 6 election. The next day, after the closed session, a memorandum from county administrator John Riley was circulated to the Board stating Mr. Reyes' strong objections to Mr. Orndoff's suggestion and he felt this be interpreted as a "back room" deal made in "smoke filled rooms". He further stated that he would not tolerate this behavior or conduct. This incident is pereceived by the public as an attempt to circumvent the rezoning application and process and to mislead the public prior to an election. As a result of your actions, a lawsuit has been filed against you for violating the Freedom of Information Act. This is the second suit brought against you for such actions. In 1999 a suit was brought against you by the Shenandoah Publishing House for discussing H.P. Hood behind closed doors. On October 12, Supervisor's Reyes and Sager came forward publicly to rebuild the unethical and illegal behavior ofthe Board, and to uphold the values, which they believe, and I believe, to be morally and legally responsible. Mr. Reyes and Mr. Sager you are men of courage, you are men of strength, faith and conviction, but above all you are men of integrity and honesty. This is a new day for Frederick County, this is a day when citizens have witnessed true leadership. Mr. Reyes, Mr. Sager, I thank you for your integrity and your honesty. May God Bless you. David Darsie, Stonewall District. I came tonight to discuss character. All the citizens in Frederick County got a very good character check on October 13 when we pulled out the Winchester Star. To me, character is defined by how a man acts, or a woman, under conditions of adversity. Clearly Mr. Reyes going public was an adverse situation. Mr. Riley, I believe you acted in good character fashion, you were honest that the meeting did occur. Mr. Smith, the same, you did agree Minute Book Number 27 Board of Supervisors Meeting of 10/24/01 496 that you did discuss the subject. Mr. Shickle, you also verified that. Mr. Reyes and Mr. Sager, obviously you were men of character, you came forward and you did admit the events of the evening. I'm particularly concerned with you Mrs. Douglas, and you Mr. Orndoff. When I read the Star and it --- basically your comment is that you had no recollection that this took place. With a memo that just got read reinforcing that meeting of what occurred, faulty memory does not seem possible to me. If your memory is so faulty, I question whether you are fit. If you are not of sufficient character to come forward beforc the citizens who have entrusted you with your position, if you do not have that character, those morals, those high ethics that you cannot trust the citizens I really question your fitness for office. To me, I have been on this earth for fifty years, and I am sure all of you have been there even more. I have made mistakes, it's how you respond when you make mistakes, are you truthful, are you honest. It's alright to admit mistakes, but to evade the public with a loss of memory on an issue that was the most important issue in Frederick County in the years 2000 and 2001, it's very unbelievable. A person of integrity would be honest, and say, I made a mistake, it was an honest mistake and it won't occur again, but it has occurred before. It's character, we need character on our Board of Supervisors, we don't have enough of it. The citizens, the common tax paying citizen, has to have the trust that we are going to have high moral and ethical standards, and I am not even going to begin to discuss the legality, I don't know anything about the law. But I know morals, and I know ethics, and I know character and I am sorry but the two of you came up lacking. Jill Holtzman, I would like to comment a moment. I am the executive director of a local political action committee of citizens who are responsible in balanced growth. I would like to follow up on comments made by the two previous people. I would like to point out that the gentleman who just spoke said, I think the most critical thing that we have heard so far, and that is that, he knows nothing about the law. I am here to make the statement (1) that I am disappointed that elected representatives, as well as members ofthe public, who I believe have also an obligation to integrity will take a board who is elected here to rcpresent the members of Frederick County. The citizens of Frederick County, and the board members have an obligation to the community and each other to act with integrity. And I believe that there is not a single person in this room tonight, or a single person on this board, who doesn't understand exactly what this dialogue is about, and it is petty and it is political. There were two votes taken. I have looked at the minutes, I have pulled the minutes. Minute Book Number 27 Board of Supervisors Meeting of 10/24/01 497 There were two votes taken that were, every member of this board seated here, voted that nothing illegal or unseemly took place in that meeting. And it's very peculiar that now, right before the election, when the citizens of Frederick County deserve a higher level of debate, a more dignified, a more civil, certainly more civil dialogue, to take place that in an effort to really deflect what should be issues, what we deserve to have discussed, has now been turned into a very petty and very political finger pointing and circus. And it's embarrassing and very disappointing and as a citizen who was excited and eager to participate with other members of the community in a political action committee which has had as it's only mission to support and to indenture a more intellectual and more educated debate. To have a member of the board, Mr. Reyes actually come forward and say, you know, unflattering things about that group is very disappointing. People are entitled to differences of opinion, and certainly different organizations are entitled to make their case and it doesn't have to become personal, it doesn't have to become petty and it certainly should not become political. And it is disappointing and I think the citizens of Frederick County deserve something better. And when you are willing to take an elected office you not only represent- - - you don't represent some ofthe people you represent all ofthe people, and to turn and choose favorites among the people that you represent whether you pick out - - - - in fact turn on your on board And to have integrity, these people just talked about integrity and it's almost laughable. They can stand here and talk about integrity and point fingers at people who did their job and actually sat here while every other member of the board voted, and endorsed their behavior and said their behavior was appropriate. Seth Thatcher, resident of Red Bud District, I want to take the time tonight, to express to the Board my feelings about growth in this county. It is my feeling that Frederick County Planning has been of an excellent quality for quite some time. Public officials, planning commission members, and the planning staff have consistently sought to bring responsible and balanced growth to this county over a number of years. It is this good planning that enticed me to move to this county. In addition, I think it is unfortunate that the Board decided to defeat the proposal for the Mid Atlantic Industrial Tech Center earlier this year. It deeply concerns me that misinformation, half truths, and lies were spread by Save Stephenson Coalition and Frederick County Voters for Common Concerns, so that this great opportunity for industrial development would be defeated. I would like to call on the Save Stephenson Coalition and Frederick County Voters for Common Concerns to stop Minute Book Number 27 Board of Supervisors Meeting of 10/24/01 49 their personal attacks and intimidation of board members who give much oftheir personal time in order to see that this county is governed well. This is the time for unity and working together for the future of Frederick County, not a time for division and hostility. Todd Shenk, Gainesboro District, I really didn't come here to talk tonight, I came here to fulfill an obligation of a class that I am taking. Hearing everything that I am hearing, I just wanted to say that I don't think anybody in this room that has spoken tonight realizes what it feels like to sit up there and be in the position that you all are in. I am not here to point fingers at anybody. I think there have been problems on the public side, there have been problems with the administrative side, and I think the bottom line is that we all need to respect each other. The county has ajob to do, you all know what it is, and you know the stress that comes with it, and I just wanted to say that for everybody's sake I think we all just need to be professional, and I think I am looking at some professional people that can do that. Dennis Bagnell, Stonewall District, Mr. Reyes I am disappointed in you. What you did was illegal. What goes on in executive session is to stay there. You was either lying then or you are lying now. Pat Gallagher, Stonewall District, I would like to read an editorial that was printed in the Northern Virginia Daily, since the Winchester Star does not like to print these. He wanted to thank Mr. Reyes and Mr. Sager for bringing this to the public. AI Hayes, Gainesboro District, advised the Board of a situation he has been dealing with, and because of this he is requesting the Board to consider amending a section of the zoning ordinance. The section deals with agriculture and farming. He feels the word "animal" should mean livestock. He feels this is what was intended when this section of the code was originally adopted and was never intended to include exotic animals. Pamela Kennedy, Gainesboro District, I would like to thank Mr. Sidney Reyes for being a person of unquestionable integrity. It takes courage to recognize when a wrong doing has occurred. It takes courage to expose it, and then it takes even greater courage to expose ones self to the contentious attitudes of those harpy like individuals who refuse to recognize the true issue. The issue is public trust, and that trust has been breached by many individuals who sit among us tonight. Kudos also to Mr. Robert Sager who also had the courage to remember an event that others seem to have forgotten. In the late 1500's Cervante said, the brave man carves out his fortune. I think we Minute Book Number 27 Board of Supervisors Meeting of 10/24/01 499 can paraphrase this to say, the less brave are also carving out theirs. Richard Crane, Would like to start out by saying to anyone who takes offense in what I say tonight, I say if the shoe fits, wear it. I live in the Red Bud District and my wife Gail and I love living in Frederick County, but I am very concerned about the recent trend of hostility and meanness that has surfaced. For the past several years, especially in the last eight months, or so an element of our community has resorted to what he would call political terrorism in an effort to get their own way. In public meetings these terrorist have intimidated candidates and others who have disagreed. I have heard that some supervisors have received threats and campaign signs have been defaced. I have even heard that there has been family intimidation of some supervisors. At an AARP meeting, Meet Your Candidate Forum, I was insulted by, I guess a friend of one of the political candidates. In over forty years of community activism, and being involved in political process, I have never seen such childish behavior, and it is even worse than childish, it is very dangerous. In this time we are suppose to really unite ourselves, we can disagree, but we should disagree in a civil manner. Folks, these are insults to our forbearers, its politics at its worse. May God forgive us for our iniquitous and those of us who might engage in such hurtful messages. No matter one's position on the issues, any person who engages in these types of terrorism or yields to those who do, have no business in public office. Finally, I would remind all of you that your job is to represent us with a conviction of your conscience, hopefully using our input, but not yielding to our whims or selfish interest. I am proud to have you as an elected body serve me as my representative. I don't always agree with your decisions, but I always respect the positions you hold. Bill Still, resident of Back Creek, this is the first time I have ever been to a board meeting in Frederick County. I use to attend them for a living in Loudoun County. Those who oppose rampant development are right to be concerned. I was on the front line of this battle in Loudoun County twenty five years ago. It is a problem, it will always be a problem as the city continues to push westward. About fifteen years ago I was appointed to a planning and zoning board in another jurisdiction and had the opportunity to go on interesting planning and zoning seminars paid for by the city and gained some valuable insights into this issue of encroaching development. When is development bad. Naturally it causes more traffic, more crime, more crowded everything, more drag on county services. It also inevitably causes land values to rise and property taxes to rise. Now this whole laundry list of bad things, which is the worst do you think. Is it the traffic, the crime, less Minute Book Number 27 Board of Supervisors Meeting of 10/24/01 500 services, higher taxes or higher land values. I believe the last one is the more damaging, let me tell you why. Sharply escalating prices cause farmers to sell out to lotting their land. That has already started to happen, and although you can channel it, you can slow it up, once it starts you can't stop it so what do you do. Naturally you can accuse county officials of collusion with developers, which is apparently what is going on here today. Even though I am not tremendously involved in county politics, just my general sense as a reporter is that is not what is going on here. What is going on here is a pre election political hassle. The way I think that the anti growth groups can legitimately oppose development, if you really want to slow this up, and do something good from my experience, this is how you do it. Push to have development pay for the full cost of development. There are regional and national organizations which will help to define those cost, that the best place to put your energy, and not into these squabbles of finger pointing and trying to make one guy look bad so the other guy can get elected. That is stupid, totally counter productive. This finger pointing is clearly political. If you have a problem put it in the form of a question, in a public form, not as an accusation, one sided accusation in a newspaper. That gets nobody nowhere, just makes every body angry. That is the civil way to do it, after all, government is an exercise in civilization. Catherine Whitesell, from Back Creek District, and I am from Frederick County which I think is very important in all ofthis. That the county land owners and county citizens really do have a say in what is going on. Yes, it is definitely mud slinging time, I guess there are some people that feel that the campaign is slipping so it is time to throw some mud at different people. I think what we are seeing here is problems, big problems for this Board I think it is unfortunate for everybody. I think everybody tries to do what is right. What happened in that Closed Session shouldn't have happened. It is not whether it did or didn't, it was a fact that was obvious that this was discussed, and unfortunately, Mr. Orndoff chose to vote against his constituents on the Shockey vote, and the Shockey vote lives on even now. So what we are talking about is citizens that are not "No Growthers" or opposed to any growth, citizens that realized what was wrong with the Shockey project was the location. That is what Mr. Reyes stands for, Mr. Smith, Mr. Sager, and we are facing a situation in this county - - - - (tape was switched).-.- called terrorist I would -how would you feel if we called you terrorist. Oh then we really would be terrorist. I would just want to say that I think we are all going to have to live together, we are going to have to find a way to work it out. I don't know what that is, but we are not going away, you are not going away, you keep the door Minute Book Number 27 Board of Supervisors Meeting of 10/24/01 501 open, big developers here, you are really small compared to what's over the mountain, they are going to come our way. We need to make it work out for us so that we can make sure that you have something to do, and look out for ourselves that's a problem. Weare so worried about how we are going to make our next nickel, we don't think that - - - I mean all this squabbling, when we are not looking Til Hazel is going to be in the door, okay. So we have got to watch out what we are doing, we got to work together, we are a community, we can unite and we got - - - the people on this Board need to represent these guys, okay. Now we have this huge division here because the developers have been led through the fear troth your land is going away, you are not going to be able to do it. Well, I'm sorry that is not how it is going to happen. I don't care who sets up here, you are not going to shut it down. There are 8,000 lots that are already sitting there waiting to be built on. So you know, ah, in the long run, all this negativism by the Balanced Growth PAC it's just a poor representation of themselves, unfortunately. Our group has always been positive, and the things they have brought forward are things that need to be brought forward. Louise Shickle, Gainesboro District, I would just like to make a matter that has come to my attention public here tonight, and for the record, for those of you on the Board. I do not know the exact numbers, but I do know that our home received correspondence in regard to the Shockey Rezoning last year, and they have been carefully tabulated and added up so the numbers I am going to say are only approximate, but I would say in the vicinity of 600 Frederick County citizens contacted us in regard to approval ofthe Shockey rezoning, and less than half ofthat number against. Now the ones against, in some cases, contacted us four to six times, so that it appeared like a lot of anti, but the number of names and addresses was overwhelming for, and I just wanted to let you know that. Bob Howard, Gainesboro District, Mr. Chairman, my first comments are directed to you, Mrs. Douglas, and Mr. Orndoff. I commend you very highly for the foresight you have seen, or have followed in your decisions on the Board. I feel you have been life long members of the county and you know the history, you know the background and you know what is going on. I feel like you have done a good job, and I certainly support you. For the other members, threats of having to move out if you don't vote a certain way or other excuses, and so far as Mr. Reyes is concerned, I think he has lied to us. He lied when he came out of executive session. He had time to think about it for at least thirty days when you voted to approve the meeting, the minutes of the meeting. Then you Minute Book Number 27 Board of Supervisors Meeting of 10/24/01 502 come out and say something else happened. Whether it happened or not I don't know, I wasn't there, but I do feel you have lied to us. I don't expect a response, you have not responded to written questions that have been posed to you on more than one occasion, so I don't expect a response to this. But for the other three members here I certainly support you and feel like you are doing a good job. Chuck Maddox, property owner and tax payer in Shawnee District, I feel compelled to come up because I have listened to this for - - - again you have heard for the last year or two it's been going down hill as far as the dialogue relating to planning and zoning issues. This is all about growth, this is a growth issue. There are those who want to stop it, those that want to control it and focus it into the areas where services can be provided. This Board and its predecessor boards have done a marvelous job at doing that over the past many years that I have been in practice, 1976 is when I came. I have also practiced in other places, and again let me say that the data and information on that needs to come out at some point in a form that can be understood by everyone, because the fact that you have a 64% tax rate is the lowest rate in Northern Virginia is certainly the proof of the pudding. But what I would really like to say is that derogatory and negative view points that are expressed by the stop growth side, they basically feel that they can stop growth, and that is erroneous, they can't. They have tried it in areas to the East of here for many years and I have practiced in those areas and I have seen these same things happen. What happens is the same thing that happens in Prince William a $1.34, Loudoun and other regulatory places, you simply cannot meet the requirements of your revenue sources, and be negative, you got to be positive. Frederick County is positive incentive in the economic development field is historic in the mid-atlantic region. You are known as the "shining star"of economic developers because you have offset the cost of residential. And residences do cost money in excess of their income, but at the same time you can more than off set it with increased economic development. I applaud you for that, I applaud you for your integrity in doing this over these many years, and I would request that you stay the course. Kenny Stiles, Stonewall District, Ms. Whitesell has left now, but I'm glad to see that she thinks that property owners ought to be involved in the process because it was just in the paper the other day criticizing property owners for being involved in the process, and anyone owning more than five acres shouldn't be involved. What a tragedy, we have come to a point in Frederick County were people cannot disagree over issues without the argument deteriorating to name calling, attacks Minute Book Number 27 Board of Supervisors Meeting of 10/24/01 503 individually on people's honesty and integrity, threats. I have been watching or involved in Frederick County Government for thirty years and have never ever seen this through some equally divisive issues over those years. There have been a number of them, but never has it deteriorated to this point. It is clearly a political circus. It is amusing to stand here and hear the integrity praised of a man who either didn't tell the truth when he voted to come out of executive session, and said nothing illegal took place or else he didn't tell the truth when he said later, oh yes it did. The reason he said that later, as reported in the paper, is most interesting. He decided to make that comment because he didn't like who a political action committee endorsed. By his own admission, he said he made this accusation for political reasons, yet his integrity is being praised. I have known Charles Orndofffor almost the entire thirty-four years that I have lived in Frederick County. He was one -- - his family was one of the first people we met when we moved here. His honesty and integrity is beyond reproach and anyone who knows him, has done business with him, has dealt with him, will attest to that. I can attest to the efforts he makes to represent the views of the people of Stonewall District. They are unprecedented and I don't think any member on the Board can match that. Mr. Sager, when I spoke to you on Saturday morning that this was in the paper you concurred with me that Mr. Orndoffs integrity was beyond reproach, and I call on you to state that publically because Mr. Reyes has challenged Mr. Orndoffs integrity for political reasons as he himself said, and that is unacceptable. Ladies and gentlemen, if we can't disagree over the issues, Lord knows, all this is about one vote and I can guarantee you I have disagreed with Mr. Orndoffs vote on dozens of things he has voted for on the Board, but have never questioned his commitment to a better Frederick County. Randy Forrester, resident of Red Bud District, distortion offacts, misinformation, I will be glad when our county reaches a point where true representation of the people is achieved in all districts. This is a very politicized period oftime. As a result, people with a clear interest in the continued residential over development of our community have come together to mislead the public. They are investing in the protection oftheir land speculation; however, as a Board who represents the people, true responsibility and growth management means slowing the growth of residential development to a rate that we can afford to support. It's time we hold the developers accountable. Sharon Boyd appeared before the podium at this time. Chairman Shickle advised her that she had already spoken and he thought once was enough. Then he told her to go ahead. Minute Book Number 27 Board of Supervisors Meeting of 10/24/01 50 Sharon Boyd stated that she just wanted to make a response to a couple of comments that she had heard, and that would be to the gentlemen that said Mr. Reyes waited so late to make a comment. When in deed there was a memorandum made the next day and sent to all the board of supervisors. If any thing I think Mr. Reyes was trying to give each and everyone of you the greatest opportunity to come forward as well. I'm sure there was a lot of soul searching done there, I am not here to pass judgement on you, that is not my position I know you are in a difficult position, but I think the public needs to know that there was a memorandum sent the next day, and the press needs to make that clear to the public as well. This is not a last minute political stunt, I know that. Additionally, I would have to question other people's motives too as far as why they are stepping out for the land developers and I know for a group of developers to question Mr. Reyes' integrity at this time, I think is immoral also. I also want to say to Mr. Stiles, I am also aware that you met with Mr. Orndoff and Mr. Shockey. Chairman Shickle advised Mrs. Boyd that she needed to address the Board, please do not have a debate. Mrs. Boyd, okay, I know that Mr. Stiles also met with Mr. Orndoff and Mr. Shockey so I know there is some personal interest there as well. I might also question, I have some questions that I would like to bring forward. I would like to know publicly, I'm not going to have enough time to ask, I'm sure, all the questions I have. One of my concerns recently, and I wish someone could answer for me, is if Mr. Richard A. Ruckman your son-in-law, Mr. Orndoffs son-in-law. Chairman Shickle please do not engage in a debate. Mrs. Boyd, and I would like an answer to that by the Board or someone at some time, okay. I would like an answer to that by this Board. Dave Holliday, I guess I am your ugly step child here tonight, I am a builder, I am a developer, and I suggest if it weren't for me and those in my same occupation, none of you would have a home to live in, in Frederick County. This issue, Mr. Smith, I direct this to you sir. You made a statement today when you told me there was ten to twelve years of inventory building lots. That is not true sir. I suggest, please go talk to Mr. Wyatt, your county stafftomorrow, you will see this 8,000 that everybody is flagging around is only really about 4,000. The word available is a misnomer, they are not out there, you cannot go buy them tomorrow. They may belong to a Miss. Hack that won't sell her property, or someone else that has a master plan approved sitting on the Minute Book Number 27 Board of Supervisors Meeting of 10/24/01 05 shelf. They are not available. As far as rampant growth, again go to your county staff, they have the graphs and charts you will see that the population has actually decreased in Frederick County, if you go statistically. As far as buildings, we average from 600 to 650 units over the last nine years, that level, that would be a decrease if you add in statistics. Beyond all that, I'm just tired of hearing it, because I know the numbers, I'm in it every day, I see it, I know what I'm dealing with. But I think everyone in this room should go home and ask for forgiveness. We got bigger and better things over New York, our Pentagon, and our children at home and our post offices, to start pointing fingers and throwing things at each other. Weare Americans. Mr. Orndoff, you are not guilty until you are proven guilty. Mr. Ambrogi, I respect you as an elected official, you said there were no improprieties until I see otherwise Chairman Shickle asked Mr. Holliday not to ask the county attorney questions, please. Mr. Holliday I didn't, J said, until I see otherwise I have to live with that as an American. So get out of politics ladies and gentlemen. Frederick County is great because you folks have helped make it great, you have been in the drivers seat, and I appreciate it, and I thank you, and I commend each and every one of you and take my hat off to you, and God Bless you. R. 1. Turner, you will be hearing a conditional use permit for my wife and I later. I would just like to thank you personally for having the integrity and character of holding this meeting, because if it weren't for us being before you, this probably wouldn't have occurred, and you wouldn't of had to hear the various pros and cons comments, so thank you very much. BOARD OF SUPERVISORS COMMENTS Chairman Shickle read the following statement: Last week I attended the Baptism of a friend. At the Baptism, a Lay speaker for the United Methodist Church told a story. I don't know the origin ofthe story but it went something like this. A traveler visited a foreign land one day. Upon arrival, he saw that the land was completely barren, except for one barn. There were no crops, no people, no houses, no towns, and no cities. He walked to the barn and entered. Inside the barn he saw bags with words written on them. One bag read "greed". One bag read "anger". A large pile of at least 100 bags read "distrust". The traveler noticed a dark figure in the corner and said "who are you?" The dark figure said "I am the evil one". The traveler asked "what is going on? What are all these bags for"? The evil one responded "These are the seeds I used to destroy this land". The traveler asked "why are there so many bags of distrust?" The evil one responded "these are the best seeds I have, they are easy to sow, they grow anywhere, and they do the most damage. I keep a good supply on hand in case any people come back". On October 12, 2001, Supervisor Reyes held a press conference at which, he accused the Frederick County Board of Supervisors of violating the Virginia Freedom of Information Act, in Executive Session, on June 13,2001. Mr. Sager was reported to have been at the press conference and is reported to have confirmed Mr. Reyes accusations. At the press conference, Mr. Reyes is reported Minute Book Number 27 Board of Supervisors Meeting of 10/24/01 50 to have acknowledged his vote on June 13, 2001 to certify "that only those topics which were disclosed were discussed". It appears he did not acknowledge that he was late for the executive session on June 13 nor does it appear he acknowledged that he later voted on August 8 to approve the minutes of the June 13 regular meeting (which included the certification). It is reported that he gave as his reasons for the press conference, the reading of a pamphlet on The Virginia Freedom of Information Act (which he was given a copy of, two years ago), the activities of a PAC, (as he perceives them), and I quote "somewhat political" reasons. If I were Mr. Reyes or Mr. Sager and I acknowledged that I had knowingly certified something that I should not have, I would resign. It would seem to me that Mr. Reyes is admitting, he allows everything but his own honesty to guide him on how he votes and when he will tell the public if his vote was honest, or if his vote was a mistake. Am I to assume, Mr. Reyes, that you would have kept silent ifthe PAC, you refer to, did not exist, or ifthere was not an upcoming election? I wish Mr. Reyes had spoken up on June 13 before he voted. Had I known Mr. Reyes had a legal question, I would have attempted to resolve the issue then and there. Mr. Reyes did speak up, in a memorandum, dated June 14, 2001, but he made no mention of illegal acts. I did not interpret his concerns to be legal ones. I did, later, ask Mr. Reyes ifhis concerns had been addressed and he told me "yes". Please note that his "confidential memorandum" was written on June 14 and his vote to approve the minutes of the June 13 meeting was made on August 8. The "back room deal made in a smoke filled room" Mr. Reyes refers to, is a fabricated political move, created by him, to discredit Mr. Orndoff and this board just before the upcoming election. On June 13,2001, the Frederick County Board of Supervisors did go into Executive Session. One of the disclosed reasons was "Legal Issues". This was done at my request. I wanted to know, and have the Board know, the legal implications of tie votes on rezoning matters. Especially, but not limited to, a tie vote to deny a rezoning request. I cleared this subject with the County Attorney and the County Administrator prior to the meeting. The subject was again cleared at the beginning of the discussion when I outlined my questions to the Board. I do not know if Mr. Reyes was present yet or not. The only way the Shockey rezoning could have been tabled until after the election would have been for the Shockey Companies to initiate a request, to table, and even then the Board would have had to approve the request. This is not something the Board could have done in executive session, even ifit had wanted to. But it does make for a good press story, doesn't it? The entire discussion, Mr. Reyes is reported to have referred to, dealt with the "legal questions" I raised. The vote by this Board "certifying that only those matters which were disclosed were discussed" was valid to the best of my knowledge and agrees with the advice given by the County's Attorney. Shenandoah Publishing House, Inc. has brought legal action against the Frederick County Board of Supervisors based upon Mr. Reyes accusations as confirmed by Mr. Sager. I trust that the Northern Virginia Daily will seek a quick legal determination of this matter as will Frederick County. Rest assured the Frederick County Board of Supervisors will make every effort to comply with the law as we understand it, or as it is told to us, by the Courts. Back to Mr. Reyes' press conference. Mr. Reyes would have the public believe that something other than what! have described happened on June 13, 2001. He wants the public to believe this, so badly, that he has accused me of saying things that I did not say. Mr. Reyes has accused me ofleading an illegal discussion with remarks about Mr. Orndoff having a heart attack. Since this did not sound like something I would say, I have inquired of others and believe this statement was made by Mr. Riley on the way into the Executive Session. June 13th was the day Mr. Orndoff and Mr. Smith announced that they had been threatened. Mr. Orndoff recei ved a threat just before the meeting and arrived quite upset. I have been told Mr. Riley said "Charles, settle down, you are going to have a heart attack". I don't think Mr. Reyes was even present then, but since I did not make the statement, did not hear the statement, I do not know where, or when, Mr. Reyes heard it. I only know I did not make it. Mr. Reyes has taken unrelated statements, that I did not make, and a legitimate legal question, that I did raise, and unjustly used me to try and imply some sort of a conspiracy. I believe his reasons Minute Book Number 27 Board of Supervisors Meeting of 10/24/01 507 are purely political not just "somewhat political". He is trying to manipulate the outcome of the upcoming election. I do not understand why you, Mr. Sager, have decided to verify Mr. Reyes claims. We have known each other for a long time and we have worked thru many issues. I have never been anything but honest with you and/or Mr. Reyes. I have always treated you with dignity, honesty and respect. Your willingness to be a part of this and unjustly attack my honesty and integrity is a shock. Therefore, please be advised, that I will not be participating in any Frederick County Board of Supervisors Executive Sessions at which either Mr. Reyes or Mr. Sager are present, until I have received a personal apology from each of them. In Executive Session, behind closed doors, I have found that I am almost defenseless against unfounded accusations and false claims. I have to breach confidentiality in order to defend myself. I have to disclose to rezoning applicants what they might have done but did not do. I am more comfortable out here, in full view ofthe public, with the press as my witness, when I deal with Mr. Reyes and/or Mr. Sager. I was also threatened during the Shockey decision process. A citizen of Frederick County came to my office and told me that someone had a very large file on me and that if I voted "yes" on the Shockey rezoning my honesty and integrity would be destroyed. This citizen said they knew that honesty and integrity were important to me and that they did not want to see this happen to me. I hope that Mr. Reyes (with the help ofMr. Sager) is not trying to fulfill this threat. I plan to make it my personal agenda to expose this person should she continue her threats by disclosing her identity and any future threats that she makes. I am angry, disappointed, and hurt by the actions of Mr. Reyes and Mr. Sager, but I am not without some compassion. The seeds of distrust have been sown in Frederick County and they are trying to take over. Several days ago I wrote two letters. The letters made me look good, but made a friend look bad. A friend who had done nothing wrong. Thankfully I let my friend see them as a heads up. The hurt and disappointment I heard in his voice, when he read them, paralyzed me. When I realized what I was doing, I immediately asked him to tear them up and throw them away. I asked him to forgive me and he said he would. I think you, Mr. Reyes, and you, Mr. Sager, may be guilty ofthe same temptation that I almost succumbed to. The temptation to make yourselflook better by tearing down someone else who has done nothing wrong. If so, I recommend you make your apologies as soon as possible. I promise to work extra hard and be sure that my absence from executive sessions does not keep County Business from being conducted. I will meet with Mr. Riley, privately, to be updated, and I will make my opinions known, when asked, or when actual votes are made in regular session. There are two issues that need attention, though, and I am asking the Board to discuss them in open session so that I might participate. The first is the Regional Water Authority Contract. The consultant for the Task Force has met separately with most of the other Boards, but not Frederick County. I would suggest that a work session be held to ask questions and express any concerns you may have. Regionalization is the recommendation of every study that has been done, to date, and a goal I have been working on for almost six years. If you wait until it is time to vote, it may be too late to make any changes that you feel are necessary. Regionalization is possible, but it takes the cooperation of everyone involved. The other issue is Mr. Riley's contract. Mr. Orndoff, Mr. Smith and I are not the only ones who have been threatened. Mr. Riley has been told on many occasions (as I have) that ifthis person is elected or that person is elected he (Mr. Riley) is history. This may or may not be fact and it mayor may not happen. !think that we need to review Mr. Riley's contract and ensure that it provides him with a reasonable time period to find alternative employment if asked to do so. He should not have to work under this type of intimidation without reasonable security for himself and his family. My final item is a request ofMr. Reyes. Mr. Reyes, I would appreciate it, if you would stop calling me and addressing me as "BOSS". In light of your current actions I think your use of this term is another scheme to make things appear the way you want them to appear instead of how they really are. This Uncle Tom term is disrespectful, rude and reeks of racism. Racism has no place in my life, or the way in which I treat people. I treat you with respect, and I would appreciate it if you would treat me likewise. Minute Book Number 27 Board of Supervisors Meeting of 10/24/01 50 Thank you for enduring a rather long statement. I have copies of what T have said for each Board Member and the press. Richard C. Shickle, Chairman Frederick County Board of Supervisors Are there other Board Members who would like to make a statement? Supervisor Douglas stated that she would like to correct an incorrect statement that was in the Open Forum section of the Winchester Evening Star on October 16,2001 in the commentary Stacking the Deck and Look Who Stands to Benefit from Growth. It states that Margaret Douglas, Back Creek Supervisor, owns 1405 acres on Middle Road. Margaret Douglas does not own 1405 acres on Middle Road. Our family corporation owns approximately that many acres in Frederick County with a small percentage being on Middle Road. Many members of my family were very upset with that. And I don't see how I can be labeled a land grabber when I live in the same house that has been my home since I was born, and I turn sixty-nine on Sunday, and it's on a farm that has been in our family since the 1800's, and the third and fourth generations are now farming this land and development has never been mentioned. I wanted to set that straight. It was written by P. D. McMillan, whoever P.D. McMillan is. If this person would like to ask me any questions or find out any information, all she has to do is call me I'm in the telephone book and T would be glad to talk with her any time. Supervisor Sager, first of all let me correct the record. I was invited to Mr. Reyes press release I guess, out of courtesy, I went. As Mr. Reyes will attest I had no idea what was in the press release. When asked by the media if conversation concerning the Shockey's had taken place, my answer was to the affirmative, I was honest about it. Subsequent to that (tape was switched) I will not Mr. Orndoff and I are - - I hope are friends I would never do that to he or his family, nor to you Mr. Chairman. I have never said anything that was in anyway or any nature vindictive of castigating doubt or anything at all on anybody' s character on this Board, I would not do that, sir. If an apology as far as, I'm a humble man, if an apology is in order for us to mend the rapport on this Board sir, I do that humbly to both you and Mr. Orndoff. Chairman Shickle, Mr. Sager if that is an apology it's accepted, and the item between us is forgotten. Supervisor Shickle, thank you sir, it's nice to deal with gentlemen, and Mr. Omdoffknows that we go way back and I have never, as T told Mr. Stiles, and I say it publically, Mr. Stiles, I'm not Minute Book Number 27 Board of Supervisors Meeting of 10/24/01 509 challenging Mr. Orndoffs integrity or character, I love the man, and my family loves the man. All I did was answer the question to the affirmative - did a discussion take place, and I tried to answer it as truthfully as possible. Now whether that discussion was legal or illegal I acquiesce to the legal opinion ofthe Commonwealth Attorney and the County Attorney because I am not an attorney, sir, and I would never, nor have I ever attack anybody. We have a tremendous job to do. We need to do it with the rapport and the love and fellowship of the Board as it should be. COUNTY OFFICIALS COMMITTEE APPOINTMENTS GARY DOVE REAPPOINTED TO INDUSTRIAL DEVELOPMENT AUTHORITY FROM GAINESBORO DISTRICT Upon motion made by Supervisor Reyes, seconded by Supervisor Orndoff, Gary Dove was reappointed to the Industrial Development Authority. This is a four year appointment. This term will begin on November 10, 2001 and expire on November 10, 2005. The above motion was approved by the following recorded vote: Richard C. Shickle - Aye Charles W. Orndoff, Sr. - Aye W. Harrington Smith, Ir. - Aye Robert M. Sager - Aye Margaret B. Douglas - Aye Sidney A. Reyes - Aye RICHARD STEPHENSON REAPPOINTED TO THE HANDLEY LIBRARY BOARD FROM GAINESBORO DISTRICT Upon motion made by Supervisor Reyes, seconded by Supervisor Douglas, Richard Stephenson was reappointed to the Handley Library Board. This is a four year term. This term will begin on November 30, 2001 and expire on November 30,2005. The above motion was approved by the following recorded vote: Richard C. Shickle - Aye Charles W. Orndoff, Sr. - Aye W. Harrington Smith, Ir. - Aye Robert M. Sager - Aye Margaret B. Douglas - Aye Sidney A. Reyes - Aye SHENANDOAH AREA AGENCY ON AGING V ACANCYTO BE ADVERTISED IN LOCAL PAPER Due to the fact that the Board has not been successful in finding someone interested in serving on the Shenandoah Area Agency on Aging, Chairman Shickle directed Administrator Riley Minute Book Number 27 Board of Supervisors Meeting of 10124/01 510 to advertise in the local paper. PUBLIC HEARING PUBLIC HEARING - AMENDMENT TO THE 2001-2002 FISCAL YEAR BUDGET - PURSUANT TO SECTION 15.2-2507 OF THE CODE OF VIRGINIA. 1950. AS AMENDED. THE BOARD OF SUPERVISORS WILL HOLD A PUBLIC HEARING TO AMEND THE 2001-2002 LANDFILL BUDGET. THE FOLLOWING AMOUNTS REPRESENT PREVIOUSLY FY01 BUDGETED FUNDS:(RESOLUTION #017-01)- APPROVED Administrator Riley presented this request to the Board advising that these funds were approved; however, due to the fact that the projects were not completed during the budget cycle it is required that the budget be amended to reflect same. There was no public input. Upon motion made by Supervisor Smith, seconded by Supervisor Orndoff, the following resolution was approved: WHEREAS, the Frederick County Board of Supervisors, meeting in regular session and public hearing held on October 24,2001, took the following action: NOW, THEREFORE, BE IT RESOLVED, by the Board of Supervisors that the FY 2001- 2002 Landfill Budget be Amended to Reflect: Landfill Fund Supplemental Appropriation in the Amount of$I,118,014 for Construction of Two Solid Waste Disposal Cells at the Landfill. Landfill Fund Supplemental Appropriation in the Amount of $1,120,000 for Landfill Acquisitions that are Landfill Related. The above amounts represent previously FYOl budgeted funds. ADOPTED this 24th day of October, 2001. The above motion was approved by the following recorded vote: Richard C. Shickle - Aye Charles W. Orndoff, Sr. - Aye W. Harrington Smith, Ir. - Aye Robert M. Sager - Aye Margaret B. Douglas - Aye Sidney A. Reyes - Aye PLANNING COMMISSION BUSINESS PUBLIC HEARING PUBLIC HEARING - CONDITIONAL USE PERMIT #15-01 OF HOMESPUN GIFTS AND GARDENS FOR A COUNTY STORE/MERCANTILE. THIS PROPERTY IS LOCATED AT 949 CEDAR CREEK GRADE AND IS IDENTIFIED WITH PROPERTY IDENTIFICATION NUMBER 63-A-2H IN THE SHAWNEE MAGISTERIAL DISTRICT - APPROVED Assistant Zoning Administrator Mark Cheran presented this request to the Board advising Minute Book Number 27 Board of Supervisors Meeting of 10124101 511 that staff and planning commission recommended approval with conditions. There was no public input. Upon motion made by Supervisor Smith, seconded by Supervisor Reyes, CUP #15-01 was approved, as presented, by the following recorded vote: Richard C. Shickle - Aye Charles W. Orndoff, Sr. - Aye W. Harrington Smith, Jr. - Aye Robert M. Sager - Aye Margaret B. Douglas - Aye Sidney A. Reyes - Aye SHERIFF WILLIAMSON'S REOUEST FOR AN ADDITIONAL ANIMAL CONTROL POSITION - APPROVED Supervisor Sager advised that this position request was part ofthe Finance Committee Report presented at the Board meeting of October 10, 2001. He further advised that this was a two part request from the Sheriff and his vote did not reflect how he thought he was voting. He thought he was voting to approve the request; therefore, he is asking the Board to revisit this request and ask for another vote. Sheriff Williamson appeared before the Board to explain why he is requesting this position in addition to the road deputies. The county currently has three animal control officers. The question of whether the county would receive any funding from the State to help offset this cost was discussed and Sheriff Williamson stated that the Code states that there is to be one deputy for every 1500 residents. He is hoping once the current freeze is lifted that some funding will be forthcoming from the State. Supervisor Smith advised that he preferred to make it a part of next year's budget. Upon motion made by Supervisor Sager, seconded by Supervisor Reyes, a supplemental appropriation in the amount of $62,714, for an additional animal control officer position, was approved by the following recorded vote: Richard C. Shickle - Aye Charles W. Orndoff, Sr. - Aye W. Harrington Smith, Jr. - Nay Robert M. Sager - Aye Margaret B. Douglas - Aye Sidney A. Reyes - Aye UPON MOTION MADE BY SUPERVISOR SAGER, SECONDED BY SUPERVISOR ORNDOFF, THERE BEING NO FURTHER BUSINESS TO COME BEFORE THIS Minute Book Number 27 Board of Supervisors Meeting of 10/24/01 01 BOARD, THIS MEETING IS HEREBY ADJOURNED. (TIME: 8:43 P.M.) Q '" ~~ J~ R. Riley, Jr County Adminis rator " Q~ Richard C. Shickle Chairman, Board of Supervisors Q Minutes Prepared By: ~ft~~~--r. ~ ~ Carol T. Bayliss Deputy Clerk, Board of Supervisors Minute Book Number 27 Board of Supervisors Meeting of 10/24/01