At a regular meeting of the Board of Supervisors of the County of

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At a regular meeting of the Board of Supervisors of the County of Powered By Docstoc
					At a regular meeting of the Board of Supervisors of the County
of Warren held in the Warren County Government Center on October
7, 2008 at 9:00 a.m.

Present:   Archie A. Fox, Chairman (Fork District); Glenn L.
           White, Vice-Chairman (North River District); Tony F.
           Carter, (Happy Creek District); Linda P. Glavis (South
           River District); also Douglas P. Stanley, County
           Administrator; Blair D. Mitchell, County Attorney;
           Richard J. Magnifico, Deputy County Administrator;
           Carolyn W. Stimmel, Finance Director; Janice C.
           Dearaway, Deputy Clerk of the Board; Robert King,
           Northern Virginia Daily; Roger Bianchini, Warren
           County Report and Joe Farruggia, Warren Sentinel

Absent:    Richard H. Traczyk, (Shenandoah District)

Adoption of Agenda - Additions or Deletions

     Mr. Stanley asked that the Board add to closed meeting a
discussion of an unannounced business or industrial prospect.

     On a motion by Mr. White, seconded by Mrs. Glavis and by
the following vote, the Board of Supervisors adopted the agenda
as amended:

Aye:   Carter, Fox, Glavis, White

Report - Virginia Department of Transportation - Jeff Lineberry/
Ben Lineberry

     Mr. Jeff Lineberry, Residency Administrator for the
Virginia Department of Transportation (VDOT), reported on
maintenance activities including asphalt patching, skin patching
for surface treatment, shoulder repairs and debris removal.

     Mr. Lineberry reported that the North Fork Bridge project
continued to progress well at 84% completion.   The contractor
was currently ahead of schedule.  The project had a completion
date of September 1, 2009.

     Mr. Lineberry reported that they continued to make good
progress   on  right-of-way acquisition for   the Route  658
intersection project.

     Mr. Lineberry reported that they were near completion of
the intersection improvement project at Fairground Road.

     Mr. Ben Lineberry, Area Construction Engineer, reported
that they were experiencing some problems with the fill material
used on the north and south approaches to the Overall Creek
Bridge.   On the area on the Warren County side north of the
bridge, they had installed storm drainage in the fill material
and when the fill settled one of the pipes broke. Rain events
then flooded the fill area, which caused the slope to slide.
They would have to do some remediation work to correct the
problem.   They would also correct the storm drain system to
avoid this type of failure in the future. He pointed out that
the bridge was totally independent of the fill. The ends of the
bridge as well as the piers were set on steel piles that were
driven into bedrock.    The fill material had no impact to the
bridge structure whatsoever.

     Mr. Stanley asked how these corrective measures would be
funded.   Mr. Lineberry said that they would be funded from the
10% contingency, which was approximately $1 million on this
project. They were asking to transfer funds to this project for
future settlement issues to avoid impacting maintenance funds.

     Mrs. Glavis noted that she had received comments regarding
the roughness of the skin surfacing on Route 619. She asked if
skin surfacing was tar and chip as opposed to asphalt.      Mr.
Lineberry said that was correct and it was used to seal cracked
pavement to prevent pot holes.

     Mrs. Glavis noted that she had received calls about Acorn
Hill. The first call was complimentary to the work performed by
VDOT where the road went down toward the river access and the
second was that a week later the road had been torn up by
graders and there were rocks and dirt in the road.          Mr.
Lineberry said he would look into the matter.

     Mr. Lineberry reported that they held a public information
meeting last Thursday on the Route 613 Low Water Bridge
structure.    About 35 people were present and gave positive
comments about that potential project with Forest Highway funds.
The public wanted a dedicated walkway on the bridge and VDOT
would consider that during the design phase. Mrs. Glavis asked
if the walkway would be installed on the north side and Mr.
Lineberry said that would make the most sense because of the
location of the campground and canoe business.

     Mr. Carter asked about the status of the Small Urban Area
Transportation Plan.    Mr. Stanley said a public information
meeting was scheduled for October 28 at the Government Center
from 6:00 p.m. to 7:30 p.m. Mr. Lineberry added that VDOT would
solicit public comments for a period following the public
information meeting. Any adjustments to the plan would be made
prior to presentation to the public bodies for support of the

     Mr. Fox noted that the property at the intersection of
Route 55 and Fort Valley Road toward the river was for sale. He
understood that VDOT needed some right-of-way there to improve
the road and asked if there was any possibility of obtaining
that right-of-way.   Mr. Stanley said that the current property
owner had previously indicated that he was not interested in
donating the right-of-way. If someone purchased and subdivided
it, the County would then be in the position to acquire the
right-of-way through the subdivision process.

Report - Economic Development Authority - Jennifer McDonald

     Ms. Jennifer McDonald, Executive Director of the Economic
Development Authority (EDA), reported that Shenandoah University
was looking at some of the space at the Royal Phoenix
Administrative Building.     The Chairman of that committee
indicated that the University was not prepared to make a
decision at this time.

     Ms. McDonald noted that Moyer was building a structure in
the Kelley Industrial Park. He currently had 50,000 square feet
under roof and would be adding an additional 50,000 square feet
to that building.     She added that Jeff LeHew had a vacant
building in the Kelley Industrial Park that he was trying to
lease. She encouraged the Board members to visit the site.

     Ms. McDonald reported that the Board members submit to her
their comments regarding a Community Profile and Marketing
Brochure that she had distributed to them.

     Mr. Carter asked if it would be an appropriate time to
schedule a joint meeting of the Board of Supervisors, the Front
Royal Town Council and EDA Board. He understood that there were
some issues with the Town/County funding formula and possibly
with the makeup of the EDA Board.    He suggested that a joint
meeting be scheduled prior to the holidays.   By consensus, the
Board directed Mr. Stanley to coordinate a joint meeting of the

three bodies as soon as possible.

Report - Civil War Sesquicentennial Committee - Patrick Farris

     Mr. Patrick Farris, County’s representative to the Civil
War Sesquicentennial Committee, thanked the Board for its
support of the Committee. He noted that the Virginia Senate and
House of Delegates passed a resolution to create a statewide
American   Civil   War    Sesquicentennial   Commission.      The
Commission’s first duty was to encourage the creation of local
Civil War Sesquicentennial Committees in each independent city
and county in Virginia. The Committee was composed of a diverse
group of individuals including Mr. Stanley and Matt Wendling,
County   Planner,   to   ensure   that   there  was   demographic
representation of the contemporary population to assist them in
commemorating what occurred here almost 150 years ago.

     Mr. Farris noted that Laura Virginia Hale’s publication was
a result of a decade of research in the late 1950’s. The Warren
Heritage Society reprinted the publication in anticipation of
the Sesquicentennial.   The Committee had formulated a calendar
of events and publications seasonally.    Virginia was ahead of
most the rest of the nation looking back retrospectively at the
causes of the Civil War.    He noted that over 60% of the Civil
War battles took place in Virginia.

     Mr. Carter asked about the status of the McKay house
located adjacent to the Sysco facility.    Mr. Farris noted that
the Warren Heritage Society was applying for grants to restore
the Fairview (McKay) House.    He noted that the Boy Scouts and
another children’s group raised capital for Fairview.         He
pointed out that since the structure was stabilized there had
been no serious deterioration. He felt it was imperative to act
as quickly as possible as funds came in to remove items such as
the Plexiglas front porch and restore the site.

     In response to an inquiry by Mr. Carter, Mr. Farris invited
everyone to participate in the Festival of Leaves.       He noted
that there would be a parade and vendors downtown.     He pointed
out that they had developed the Warren Heritage Society’s site
extensively for the festival.    The vendors in Heritage Square
would engage in traditional crafts including apple butter
making. He added that they had nearly tripled their floor space
with the addition to the Laura Virginia Hale Archives.

Public Presentations – Public Presentations are limited to
issues that are not the subject of a public hearing. It is
intended as an opportunity for the public to give input on
relevant issues and not intended as a question and answer

     Mr. Tom Sayre, 835 Shenandoah Shores Road, felt that a
travesty had occurred with the construction of the McMahon home
(item K on the agenda).    He noted that the only opposition to
the variance request before the Board of Zoning Appeals was from
the premises across the road and he understood that everyone
else who spoke was in favor of it. He noted that the property
owners to the right of the McMahon property had no objection to
the location of the McMahon home and their house was actually
closer to the road than the McMahon house.     The house to the
left of the McMahon’s property was also closer to the road.
Circuit Court Judge Hupp was unable to grant the McMahon’s
appeal due to a Supreme Court decision.    He was thankful that
the McMahons could come to the Board of Supervisors for a final

     Mr. Sayre noted that the Town was about to be sued.      He
suggested that the Board of Supervisors and Town Council discuss
the issue prior to the lawsuit.    It would have many advantages
to the Board of Supervisors, one being no annexation and the
County would receive the bulk of its tax receipts.           The
advantage to the Town Council would no annexation and the Town
would receive the bulk of its tax receipts.

Reports - Board Members, County Attorney, County Administrator

     Mr. Carter understood that Board policy was to exclude
topics of public hearings from discussion during public
presentations.   He asked that that be clarified.   Mr. Stanley
read the policy that stated that public presentations were
limited to issues that were not the subject of a public hearing
on the meeting agenda.

     Mr. Carter suggested that any items for the joint meeting
with the Board, Town Council and EDA Board be submitted to the
Chairman. He suggested that one item be the Town/County Liaison

     Mr. Carter reported that a meeting of         the sanitary
districts was scheduled for October 14 and         this was an
opportunity to discuss items of mutual interest.

     Mr. Carter encouraged residents   to   have   their   chimneys
cleaned to avoid chimney fires.

     Mr. Carter encouraged residents to check the batteries in
their smoke detectors.

     Mr. Carter noted that Senator Webb’s staff had visited the
area and asked Mr. Stanley to elaborate.

     Mr. Carter commended Susan Musante for her grant writing

    Mr. Carter encouraged everyone to vote on November 4.

     Mr. Carter asked if the Board’s regular meeting of November
4 would be rescheduled due to Election Day.     Mr. Stanley said
the Board typically rescheduled it to Wednesday in these
circumstances and he would place that on the next agenda.

     Mr. Carter suggested that the Board consider countywide
budget reductions in response to budget cuts from the state.

     Mr. Fox reported that he had attended the Building
Committee meeting and there was much discussion on going green
and saving the taxpayers and the County as much fuel as

     Mr. Stanley reported that October 5 through 11 was Fire
Prevention Week with a theme to prevent home fires. To promote
Fire Prevention Week and the importance of home fire safety, the
Warren County Department of Fire and Rescue Services held a Fire
Prevention Kickoff Event this past Sunday at Company 1.     They
were scheduling other events throughout the week.

     Mr. Stanley noted that the County had been expecting
potential budget cuts of 5%, 10% and 15% from the state
including potential cuts in aid to the school system.     On the
local side, the revenue stream had been holding up for this
fiscal year.   He had asked that each County department look at
potential 5% and 10% cuts to prepare them for making budget
adjustments to address potential state cuts. He also put a hold
on the advertisement of four new positions that were scheduled
to begin January 1, 2009.    This would provide some flexibility
to address potential cuts. In the meantime, staff would monitor
the revenue situation and be prepared in the event action was
needed at the local level.

     Mr. Stanley reported that staff and its grants consulting
team met with representatives from Senator Webb’s office on
September 26 regarding grant and earmark funding opportunities.
It was a very productive meeting and they toured potential park
projects and other projects such as a public safety building.

     Mr. Stanley reported that a joint sanitary district meeting
was scheduled for October 14 at 7:00 p.m. at the Government
Center to discuss items of mutual interest including budgeting,
delinquent tax collection, FOIA, soil erosion and sedimentation
control requirements, etc.

     Mr. Stanley reported that upon review staff decided to
postpone the submission of an application to the Virginia Land
Conservation Fund until 2009 to secure funds to reimburse the
County’s purchase of a portion of the Fishnet property.   This
would allow the County time to complete the Master Plan.  Part
of that process would include designating what portion of the
Fishnet property would go under conservation easement. The
County had two years from the date of purchase to submit the

     Mr. Stanley reported that the contractor had completed the
work on the (Route 340/522) Winchester Road and Fairground Road
industrial access project.     The County was working with its
contractor on completing installation of a fence and gates and
landscaping.   The project provided a safer turning radius off
Route 340/522 onto Fairground Road and a longer turn lane.

     Mr. Stanley reported that the County would hold its annual
fall   cleanup   and  semi-annual   household  hazardous  waste
collection on October 25, 2008 from 8:00 a.m. to 2:00 p.m.
Large items would be accepted at the Linden Park and Ride Lot
and the Warren County Solid Waste Transfer Station in
Bentonville and household hazardous waste would be accepted at
the Front Royal Volunteer Fire Department.

     Mr. Stanley reported that a number of calls had been
received regarding stink bugs.     Mr. Ryan Thomas, Gypsy Moth
Coordinator, provided a memorandum in which he stated that there
were a number of home infestations and stink bugs had become a
nuisance. Stink bugs had not become an economically destructive
pest in the United States.   American farms had not encountered
any serious problems from these pests.    Stink bugs should only
be visible in homes during early fall and early spring and would
stay out of sight in walls and crawl spaces throughout the

winter.   They would migrate out of the house in the spring in
search of food. Pest control companies recommended sealing all
windows, vents and other openings with foam, steel wool or caulk
during the later part of spring.       No chemical control was
recommended inside the house.   The United States Department of
Agriculture and Virginia Department of Agricultural Consumer
Services did not offer any cost-share programs and neither
agency rated stink bugs high on the list of problem pests. Mr.
Thomas did not feel any County control measures needed to be

     Mr. Stanley reported that there were 79 new home starts
from January through September 30, 2008. There were 16 new home
starts during the last three months. The County was on pace for
breaking the twenty-year low point of 169 new home starts in

     Mr.   Stanley  reported   that   work   progressed on   the
construction of the new compactor site in Linden.            The
contractor still anticipated completion in November.

     Mr. White understood that the current credit crunch
affected mostly sub-prime loans and asked if there would be any
affect of the buyout related to the decline of the credit market
in any of the bond issues. Mr. Stanley said that the Virginia
Public School Authority (VPSA) pushed the sale of bonds from
October 22 to October 29.      He said that no one was buying
municipal bonds at this time. He felt VPSA wanted to give the
economy time to settle given the bailout signed by Congress and
the President last week. They would know more in the next ten
to fourteen days whether they would be able to move forward. He
added that the County had a cap on the interest rate at 5.5% and
they would find out later if that would be affected. Mr. White
asked for an update at each Board meeting.

     Mr. Mitchell reported that he recently had attended a local
government attorney conference in Staunton.       They discussed
impact   fees   and   land  use,   public   procurement  issues,
parliamentary procedures, FOIA, new case laws, etc.

     Mr. Mitchell reported that he began a process with the
County Treasurer for the collection of delinquent personal
property and business license taxes.   His office sent out over
400 letters to individuals delinquent in taxes.   As of the end
of September, they collected $93,407 in delinquent payments and
a number of people had signed agreements to make payments that
would result in an additional $70,423.

     Mr. Magnifico noted that the County was accepting computer
monitors year-round at the Warren County Solid Waste Transfer
Station in Bentonville.     During the first three months of
collection, two truckloads of electronics had been sent to the
Sheltered Workshop. He noted that monitors were $10, which was
the County’s cost for recycling.   There was no cost for other

     Mr. Magnifico said the County was ready to address the
recycling of office paper including phonebooks, letters, etc.

     Mr. Magnifico reported that they had held a workshop for
residents adjacent to the Front Royal-Warren County Airport in
September regarding the obstruction issue followed by a public
hearing by the Board of Supervisors regarding obstruction
removal.   The following day, County Administration crafted a
letter to the Federal Aviation Administration (FAA) requesting a
review of FAA rules requiring the 800 feet to the south of the
airport runway.   They were requesting a waiver for that space.
They were interested in permanently resolving this issue and
would forward the FAA’s response to the Board.      The County’s
engineers would be preparing an environmental assessment to
determine what would be required for safety and how it would
affect adjacent property owners.

Approval of Minutes

1.     Regular Meeting of January 15, 2008
2.     Regular Meeting of September 16, 2008

     On a motion by Mr. White, seconded by Mrs. Glavis and by
the following vote, the Board of Supervisors approved the
minutes of its regular meetings of January 15, 2008 and
September 16, 2008:

Aye:    Carter, Fox, Glavis, White

Consent Agenda

1.     Authorization to Advertise for Public Hearing

       a.   2008-08-01 Conditional Use Permit for Commercial
            Riding Stable - William and Amy Burke - Matt Wendling

       b.   SO2008-08-01 Proposed Subdivision Ordinance Amendments
            to Modify Sections 155-2, 155-3, 155-12, 155-18, 155-
            26, 155-9, 155-30, 155-31 and 155-39.1 of the Warren
            County Code to Correct Out-of-date References to the
            Code of Virginia - Warren County Board of Supervisors
            - Taryn Logan

       c.   Z2008-08-02 Proposed Zoning Ordinance Amendments to
            Modify Sections 180-2, 180-61, 180-62, 180-63, 180-69,
            180-73 and 180-75 of the Warren County Code to Correct
            Out-of-date References to the Code of Virginia - Taryn

2.     Use of Courthouse Grounds

       a.   Placement of Nativity Scene & 9/11 Cross on Courthouse
            Lawn - 12/15/08 to 1/2/09 - Dorothy Sullivan

       b.   Annual Vigil in Recognition of October as Sexual
            Assault & Domestic Violence Awareness Month - October
            21, 2008 - 8:00 p.m. - Warren County Council on
            Domestic Violence

3.     Proposed 2008-2009 Agreement between Warren     County   and
       Virginia Department of Health - $295,772

4.     Additional Funds of $15,230 (Reserve for Contingencies) for
       Purchase of Animal Transport Module - Animal Control -
       Norman Shiftlett

5.     Acceptance of Bid and Award of Contract - Springsted, Inc.
       - Compensation and Benefits Study - $17,650 - Jodi Spittler

     On a motion by Mr. White, seconded by Mrs. Glavis and by
the following vote, the Board of Supervisors approved the above
consent agenda items:

Aye:    Carter, Fox, Glavis, White

Request - Authorization for County to give 30-day Written Notice
to Fishnet Ministries, Inc. its Intent to Execute the Option to
Purchase the Fishnet Property - Blair Mitchell

     Mr. Mitchell noted that the Board at its December 9, 2004
meeting entered into a lease option agreement to purchase
approximately 200 + acres of the Fishnet property.   The lease

was for a four-year term commencing after a sixty day study
period.   The first monthly installment began February 9, 2005
and the last payment would be due January 9, 2009.    The lease
option agreement required a thirty-day written notice be
provided the owner prior to the end of the lease term in order
for the County to complete the purchase of the property.     He
requested that the Board authorize staff to give Fishnet
Ministries, Inc. written notice of its intent to execute the
option to purchase the Fishnet property between now and the
first of December. Once the notice was provided, the Board must
proceed to closing within thirty days.       The remaining cost
involved four payments for a total of $211,803.60.

     On a motion by Mr. Carter, seconded by Mr. White and by the
following vote, the Board of Supervisors authorized County staff
to give Fishnet Ministries, Inc. thirty day written notice of
the County’s intent to execute the Option to Purchase the
Fishnet property:

Aye:   Carter, Fox, Glavis, White

Request - Authorization to Advertise for Public Hearing -
Proposed Easement Vacation and Dedication - John McMahon/Icon
Construction (Lake Front Royal Subdivision) - Doug Stanley

     Mr. Stanley noted that Mr. and Mrs. John McMahon were
requesting that the Board of Supervisors vacate a portion of the
easement for Orchard Tree Drive in the Lake Front Royal
Subdivision.    Icon Construction constructed a single-family
dwelling on the site 42 feet from the right-of-way in lieu of
the fifty feet required.      The contractor indicated that he
assumed the road was at the center of the right-of-way and
relying on the Lake Front Royal Property Owners’ Association,
Inc. Architectural Guidelines, measured the setback from the
center of the right-of-way rather than the edge.

     Icon Construction applied for a variance, which was denied
by the Board of Zoning Appeals (BZA) because the BZA felt the
applicant had not demonstrated a hardship.       The applicant
appealed the decision of the BZA to the Circuit Court, which
subsequently denied the appeal.

     Mr. and Mrs. McMahon now faced significant costs to move
the house and construct a new foundation and construct a new
septic system.  Mr. McMahon offered to purchase an 8 foot wide
strip along the property across the street to relocate the 50

foot easement, but the property owner was not willing to sell.

     Mr. Clark asked the Lake Front Royal Property Owners
Association (POA) to consider allowing the vacation of an 8 foot
easement to allow the property line to slide, which would
provide the required 50 foot setback.     Mr. Stanley noted that
the County typically did not support such requests when there
was an opportunity for the road to be taken into the state
highway system under the Rural Addition Program. He did not see
any geometric conditions that would prohibit the road’s
reconstruction to state standards under the Rural Addition
Program provided the current roadway alignment followed the
recorded right-of-way. It would be a very expensive project as
portions of Creek Road would have to be brought into the state
system in order to provide continuous state access. Mr. Stanley
pointed out that the 331 square foot right-of-way could be
designated as an easement for roadway construction maintenance
and still meet County requirements and he would recommend that
the County Attorney craft a document that the Board vacate the
road easement and put in its place an easement for drainage and
road construction to preserve the opportunity to bring this road
into the state highway system sometime in the future.

     Representing the applicant, Mr. Doug Napier noted that the
POA was represented by local attorney Bridgett Madden. She had
indicated to him that the POA was not opposed to this request.
The community was in support of it as well. He pointed out that
a small corner of the house encroached upon the setback area.
The cost to Mr. Clark to move the house and install an
alternative sewerage system was far too expensive.

     In response to an inquiry by Mr. White, Mr. Stanley stated
that VDOT felt that they could accept a drainage and
construction easement in lieu of 8 additional feet of right-of-
way in that location.

     Mr. White asked if approval of this request would set a
precedent.   Mr. Stanley said that the County had approved this
type of request a couple of times. One approval was for a road
in Shenandoah Farms that was too steep to be taken into the
state highway system.

     Mr. White asked if the Board would consider requiring error
and omission (E&O) insurance at the time of applying for a
building permit that would address these situations in the
future should the Board choose strict adherence to the County
Code.   Mr. Clark felt that would be an added expense to the

contractor and he would not support it. He felt that having E&O
insurance should be at the discretion of the contractor as
opposed to a requirement by the Board of Supervisors. Mr. White
pointed out that other businesses carried E&O insurance.     Mr.
Carter was not aware that the government required them to do so.
Mr. Mitchell felt that since the state issued contractors
licensing, it would at the state’s discretion.     He felt that
Dillon’s Rule would preclude localities from making that

     Mrs. Glavis asked if an easement was owned by the property
owner and a right-of-way was owned by VDOT.   Mr. Mitchell said
that was correct.

     On a motion by   Mr. Carter, seconded by Mr. White and by the
following   vote,      the   Board   of    Supervisors   authorized
advertisement of a    public hearing on the proposed ordinance to
vacate a portion of   the easement for Orchard Tree Lane:

Aye:    Carter, Fox, Glavis, White

Closed Meeting

1.     Probable   Litigation    -    Enforcement    of   Maintenance
       Requirements (Section 2.2-3711.A.7 of the Virginia Freedom
       of Information Act) - Blair Mitchell
2.     Acquisition of Real Property for Public Purposes (Section
       2.2-3711.A.3 of the Virginia Freedom of Information Act) –
       Blair Mitchell
3.     Consultation with Legal Counsel re:        Annexation Issues
       (Section   2.2-3711.A.7    of   the   Virginia   Freedom   of
       Information Act) - Glenn White/Blair Mitchell
4.     Potential Business or Industrial Prospect (Section 2.2-
       3711.A.5 of the Virginia Freedom of Information Act) - Doug

     On a motion by Mr. White and by the following vote, the
Board of Supervisors went into closed meeting to discuss the
above items pursuant the code sections cited:

Carter, aye; Fox, aye; Glavis, aye; White, aye

     At the conclusion of the closed meeting, Mr. Fox called the
meeting back into regular session.

       On a motion by Mr. White and by the following vote, the

Board of Supervisors certified to the best of each member's
knowledge only public business matters lawfully exempted from
open meeting requirements under this chapter and only such
public business matters as were identified in the motion by
which the closed meeting was convened were heard, discussed or
considered in the meeting by the public body:

Carter, aye; Fox, aye; Glavis, aye; White, aye

     There    was   no   action   taken   as   a   result   of   the   closed


    Mr. Fox adjourned the meeting.


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