At a regular meeting of the Boar by fjhuangjun


									At a regular meeting of the Board of Supervisors of the County
of Warren held in the Warren County Government Center on June 3,
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); Richard H. Traczyk, (Shenandoah
           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 Hillary Watson, Warren Sentinel

Absent:    None

Adoption of Agenda - Additions or Deletions

     Mr. Stanley asked that the Board add to the consent agenda
the appointment of Linda Glavis to the Well and Septic Appeals
Board.   He also asked that the Board move personnel matters
regarding the Economic Development Authority from closed meeting
to a work session following the Board‟s regular meeting.

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

Ayes:   Carter, Fox, Glavis, Traczyk, White

Report - Water Planning – John Staelin

     Mr. John Staelin, member of the Clarke County Board of
Supervisors and Chairman of the Regional Water Resources Policy
Committee, said the Committee had been tasked with developing a
regional water supply plan, which was mandated by the state. He
felt it was very important that the Commonwealth grasp water
issues and that the localities come to a regional agreement. He
pointed out that the Brandy well had been at record low levels
less than one month ago. If this area had not had the rain this
spring, the summer would be as bad as 2002 and they would have
great concerns.   The regional group was working on the water
supply plan. They summarized all the current water uses at all

the localities.    In July they would begin to look at future
projections as well as water availability over a thirty-year
period.   The United States Geological Study and other groups
were helping with that issue. He hoped Warren County continued
to work on this plan regionally. He had submitted a resolution
for the Board‟s consideration regarding regional water supply
planning and letter of intent.    All towns, counties and cities
were required to adopt such a resolution.

     Mr. Staelin pointed out that the Town of Front Royal wanted
to participate in this effort, which reduced the county‟s rate.

     Mr. Stanley noted that localities with populations in
excess of 35,000 would have had to have their water supply plans
completed by November 2, 2008.   By participating in a regional
plan provided an additional three years to formulate a plan. He
pointed out that all of their water systems were connected and
what each locality did affected others, so it made sense to
approach this regionally.

     On a motion by Mr. Traczyk, seconded by Mr. White and by
the following vote, the Board of Supervisors adopted the
resolution shown below:

Aye:   Carter, Fox, Glavis, Traczyk, White

(Insert resolution)

Report – Lord Fairfax Community College – John “Ski” Sygielski

     Dr. John Sygielski, President of Lord Fairfax Community
College (LFCC), thanked the Board for the County‟s support. He
said he was pleased to work with Doug Stanley, Pam McInnis,
Danny McEathron and others to make sure the needs of the
residents were served.   He noted that after five years, he was
leaving the college. He introduced John Capps, who would serve
as interim president for six months.        Dr. Capps came from
Virginia Western Community College in Roanoke and was familiar
with the Virginia community college system. Dr. Sygielski asked
the Board to continue to support LFCC as it had in the past.

     Mr. Fox and Mr. Stanley presented a check to Dr. Sygielski
in the amount of $174,435.00 for the County‟s portion of the
site work for the new Corron Center.

       Dr. Sygielski said that they hoped to move into the Science

Building in August. The Corron Center would be bid mid-July,
contractors would have thirty days to respond and they
anticipated it would take twelve to fifteen months for
construction with an anticipated completion date of January

     Mr. Traczyk noted that the community would          miss   Dr.
Sygielski as he had been very active in the community.

Report - Virginia Department of Transportation – Jeff Lineberry/
Bob Childress

     Mr. Jeff Lineberry, Residency Administrator of the Virginia
Department of Transportation (VDOT), reported on maintenance
activities on Routes 621, 626, 627, 637, 658, 661, 607 and 55
West as well as the interstates.

     Mr. Lineberry pointed out that VDOT was experiencing some
difficulty with the primary mowing contractor.

     Mr. Lineberry reported that VDOT had started work on a
$250,000 recreational access project at the 4-H Center to take
in a portion of their roadway into the state system.      This
project would be completed this construction season.

     He reported that they were making safety improvements at
the intersection of Routes 79 and 55 by building a turn lane on
Route 79, which would tie into a turn lane on Route 55.    They
would also close one of the entrances at the Apple House to
improve safety.     He anticipated that this work should be
completed in a week or so.

     Mr. Lineberry reported that they continued to make good
progress on the North Fork Bridge project.    The contractor was
65% complete and was approximately 3% ahead of schedule.      He
said the project had a completion date of September 1, 2009. He
pointed out that they were revisiting the intersection of Routes
340 and 55 to determine if there was any other optimization that
could be done for the signal as there continued to be some
backup in the evenings approaching from the south.

     He reported that they continued to make good progress on
the 658 (Rockland Road) right-of-way acquisition. The Route 340
project at Overall Creek was moving forward. They were working
on the final grading phase and the connection of Route 655,
which would be completed this construction season.      He was

awaiting the results of the traffic study on Smith Run Road. He
said they recently reviewed a safety audit of Interstate 66 from
mile post 10 and 14 at the county line, which resulted in the
upcoming   installation   of   additional   curve   signage   and
delineators. VDOT was successful in obtaining a safety grant of
$375,000 to address access management issues on the Route
340/522 North Corridor (substandard crossovers and turn lanes).

     Mr. White asked if Mr. Lineberry had been involved with the
problems with tractor trailers going past the turns into the
warehouse areas on Fairground Road.    Mr. Lineberry said he had
been working with Mr. Stanley on this issue and they would
install an additional bridge weight limit sign for the Route 624
Bridge beyond the intersection of Baugh Drive to discourage
trucks from going into that area.        He understood that Mr.
Stanley was working with the industries to ensure drivers had
adequate addresses and directions, etc.

     Mr. White said that Guard Hill Road and Ritenour Hollow
Road were getting worse and the grass appeared to be about six
to eight feet high and impeded sight distance at the top of the
hill.   Mr. Lineberry hoped that the mowing operation would be
expedited.   Mr. White asked if VDOT had made any progress on
identifying the property owner of that particular strip of land
so they could cut the hill down somewhat. Mr. Childress said
they had made several attempts on contacting the property owner.
Mr. White understood that the road was not wide enough to extend
the double yellow line. He asked if they could extend the line
to the point where the road was not wide enough or could they do
anything to improve that situation.     Mr. Lineberry said they
would take a look at it. Mr. White said that area was a death

     Mrs. Glavis asked if VDOT was able to resolve the mowing
problems.   She noted that Route 340 in Page County had been
mowed a couple of weeks ago.    Mr. Lineberry pointed out that
that mowing was being performed by state forces.     Mowing in
Clarke and Warren Counties were outsourced.     VDOT was going
through contractual processes to ensure the contractors will
meet their performance requirements.   Should they not perform
within a certain time period, VDOT would bring their state
resources from Page County.

     Mrs. Glavis said there was an area on Rocky Hollow Road
where a trailer sat very close to the road and the bushes caused
a blind spot on a hill. Mr. Lineberry said he would take a look
at that, but they did have a prescriptive right-of-way at that


     Mrs. Glavis said some residents felt the passing lane
between Routes 628 and 629 in Bentonville leaving Bentonville
was unsafe and there should just be a solid line. Mr. Lineberry
said he would take a look at that.

     Mr. Carter asked how the Small Urban Area Transportation
Study was proceeding. Mr. Lineberry reported that the committee
met last week and there was some additional review that the Town
of Front Royal needed to do before they could move forward to
public comment.    He said the study was getting to the final
stages and he anticipated a public meeting in July.

     Mr. Fox said VDOT recently paved Route 55 from the Warren
County line to Passage Creek.      He said the installation of
overlay was very good and the contractor did an excellent job.

Report – Blue Ridge Opportunities – Richard Braatz

     Mr. Richard Braatz, Chief Executive Officer of Blue Ridge
Opportunities, thanked the Board and community for their support
for the past two years. He reported that they began to rebuild
and redirect the Warren County Workshop about two years ago.
Within the first year they were able to renew their three-year
state licensing and recertification.   They were able to expand
and upgrade their programs. During this time their client base
increased 103%, attendance rate had increased from 42% to 90%
and revenues from outside contract work had increased by 120%.
They still depended on grants and donations to meet their
capital expenditures and expansion of services.          Outside
contract work was essential for their success since it provided
training work for their clients. One of their goals was to be
a vibrate part of the community and they were involving their
clients in activities such as “Clean Sweeps,” which included
light landscaping and area cleanup. Their new philosophy was to
bring clients out into the community rather than keep them
warehoused in a workshop.

     Mr. Braatz noted that they were extending their abilities
to establish the Blue Ridge Job Readiness Academy.     They were
joining with the Chamber and Economic Development Authority to
expand by providing job readiness skills to all those seeking
permanent employment.    He noted that they had been included
under Initiative 6 of the EDA‟s Roadmap - Public Private
Education.   They were currently in search of qualified trainers

and instructors.

     Mr. Fox asked how the pay schedule was set up for Blue
Ridge Opportunities‟ clients.    Mr. Braatz explained that the
Department of Labor required them to pay their clients the
prevailing rate for the work they were doing.      They had to
determine the prevailing rate and then do a time study to check
productivity. This ensured that no one was taking advantage of
their clients.

Report – Airport Layout Plan – Richard Magnifico

     Mr. Magnifico noted that the County continued to work with
the Federal Aviation Administration and State Department of
Aviation to complete the structure of the Airport Layout Plan.
He asked that this item be delayed until August when all
information was ready to be presented to the Board.

Public Presentations

     Mr. Dennis Fusaro, 72 Hawes Road, Stephens City, said     he
was investigating double taxation of County businesses going   on
in the Route 340/522 North Corridor.     He sent a Freedom     of
Information request to the Town of Front Royal, which          he
distributed to the Board.

     He asked if it was true that Chick-Fil-A had backed out of
its contract to build a restaurant in the Riverton       Commons
Shopping Center because the Town was planning to charge them
over $100,000 per year to supply water and sewer. He as asking
the Town if it was true that Cracker Barrel was paying water and
sewer bills under protest in the amount of approximately
$180,000 and had threatened along with other restaurants to
bring a lawsuit against the Town.    He also was asking if the
Town had retained outside legal counsel and had met in secret
for the better part of a year planning to annex the entire Route
340/522 Corridor.   He was concerned about higher taxes for all
County residents due to the diversion of revenue this would
bring. He also asked if it was true that the Town had drafted a
secret resolution, which the Board intended to adopt today. He
felt this was unwise. He asked if it was true that Councilman
Brooks was the architect of this strategy by which the Town of
Front Royal stated that they could charge the Town‟s meals tax
on businesses outside the Town boundary along the Route 340/522

     Mr. Fusaro   said he obtained information from several people
who played key    roles in formulating this agreement and none of
them said that     that agreement contemplated the application of
the Town meals    tax inside the Corridor on business outside the

     Mr. Fusaro opposed the idea of the County committing to pay
hundreds of thousands of his tax dollars and other taxpayers‟
dollars to support the Town and pay legal bills for a lawsuit.
He did not feel the Town could win this lawsuit.       He asked,
“Why not work with these businesses so that all the taxpayers
can benefit?”

     Mr. Fusaro urged the Board to oppose Stan Brooks‟ agenda
and fight his proposed double taxation and annexation.

Reports - Board Members, County Attorney, County Administrator

     Mr. Carter reported that Warren County lost one of its
outstanding citizens, Mr. Statton Hammock, who passed away at
the age of 102 years.

     Mr. Traczyk reported that Dr. Miller, who was 100 years old
and a long-time dentist and Rotarian, had passed away.

     Mr. Traczyk reported that the work on the double tracking
began in the Shenandoah District. Trees were being taken down.

     Mr. Traczyk received some calls and e-mails about the issue
addressed by Mr. Fusaro.

     Mr. Fox reported that Mr. Stanley and he had attended the
Small Urban Area Transportation meeting.  He felt that it was
important that the County and state were moving forward with
long-term plans.

     Mr. White reported that he had attended a recent Library
Board meeting.  He noted that the site preparation for the new
library building had been completed.       He understood that
construction of the new library would be completed by mid-July

    Mrs.   Glavis   reported   that   on   May   29   she   attended   the

Technology Consortium meeting at the EDA office.         She had
previously discussed the issue of DSL or high speed internet
service in certain parts of the County.     Representatives from
Embarq attended and there were approximately 3,800 subscribers
in Warren County that did not have the capability of DSL.
Embarq had a plan to have DSL available on the southern end of
Route 340 from Dungadin to Bentonville in 2009, but there was
not a lot of hope for other areas of the County due to funding.
She said there was not a lot of encourage from Comcast either.
She pointed out that there were some grants available from the
Rural Development Authority through the United States Department
of Agriculture.   She noted that in 2003 Page County received a
$643,000 grant for taking high speed internet to Shenandoah.
Time had passed for this year‟s application, but she was hopeful
that the County could look into these grant opportunities for
the future.

     Mr. Stanley reported that County Administration and the
Commissioner of the Revenue‟s Office were working with Page,
Shenandoah, Clarke and Rappahannock on the potential of joint
bidding reassessment.

     Mr. Stanley reported that they were scheduled to meet with
the School Board at 6:00 p.m. prior to the regular meeting on
June 17, 2008 to discuss their capital improvement planning
process for Phase II.

     Mr. Stanley reported that Town staff had installed about
ten signs as part of Phase I of the Wayfinding Sign project and
they anticipated completing Phase I in the near future.

     Mr. Stanley reported that the County‟s consultant had
completed the site visit phase for the fire and rescue study and
would begin analyzing data.

     Mr. Stanley reported that the Planning Commission held one
work session at the Board‟s request to review land use in the
Route 340/522 North Corridor. They would meet again later this
month before forwarding a preliminary report to the Board of
Supervisors.   He noted that it would probably take nine to ten
months to update the plan. The state now required the County to
give the Virginia Department of Transportation 100 days to
review any recommendations, which lengthened the process.

     Mr. Stanley reported that staff was completing the contract
for Page County‟s acceptance of solid waste from Warren County.
The Page County Board of Supervisors would meet June 3, 2008 to

discuss the proposal and   the   item   would   be   placed   on   this
Board„s June 17 agenda.

     Mr. Stanley reminded the Board that the Wal-Mart              grand
opening was scheduled for June 11, 2008 at 7:30 a.m.

     Mr. Fox asked if the Board had cancelled the first meeting
in July and Mr. Stanley said that was correct. In setting its
meeting schedule in January the Board scheduled meetings for the
first Tuesday of each month with the exception of July and the
third Tuesday of each month.

     Mr. Mitchell reported that a hearing was scheduled for June
10 in Circuit Court on the D. R. Horton case.            He had
participated in depositions that would help the County in the D.
R. Horton lawsuit.

     Mr. Mitchell reported that a Freedom of Information lawsuit
had been filed against the Social Services Board and his office
had filed a motion for a bill of particulars.

     Mr. Mitchell reported that the Zoning Administrator and he
had met with Doug Napier and client to resolve a zoning
violation. This matter had been in court a couple of times and
was continued to the fall to allow the client time to continue
the cleanup of the property.

     Mr. Mitchell reported that he was working on a number of
contracts, e.g. landfill services contract with Page County,
road improvements with Cedarville Center on Route 340/522,
renewal of animal impoundment contract with the Humane Society.
He hoped to have these contracts prepared for Board approval at
its next meeting.

     Mr. Mitchell reported that his office was working on a
number of ordinances, which were a matter of housekeeping to
reflect changed numbers within the state code.

     Mr. Mitchell reported that his office was preparing an
ordinance to expand the Airport Commission membership from five
to seven members.

     Mr. Mitchell reported that the Commissioner of the Revenue
had requested an ordinance to look at the possibility of
adopting a franchise tax.

Approval of Minutes

1.     Regular Meeting of May 20, 2008

2.     Work Session of May 20, 2008

     Mr. White made a motion, seconded by Mr. Traczyk, that the
Board of Supervisors approve the minutes of its work session of
May 20, 2008 and regular meeting of May 20, 2008 as amended by
noting that he had arrived late and did not vote on items prior
to Mr. Magnifico‟s presentation on the tire amnesty program.
The motion was approved by the following vote:

Aye:    Carter, Fox, Glavis, Traczyk, White

Consent Agenda

1.     Authorization to Advertise for Public Hearing

       a.   SV2008-04-01 Subdivision Variance – William F. Cary &
            Karen S Cary/Lisa M. Lake & Jason L. Lake – Taryn

       b.   2008-04-02 Conditional Use Permit for a Farm Winery –
            Frank Anthony & Pamela L. Hymes – Taryn Logan

2.     Removed and considered separately.

3.     Transfer of Sheriff’s       Office   Vehicle     to    School   Board   –
       Carolyn Stimmel

4.     Donation of 1995 Ambulance to Fortsmouth VFC #8 – Richard

5.     Use of Youth Center Parking Lot – Front Royal VFC #1 – Joie

6.     S32-2005/S05-2008 Class C Subdivision – Preliminary Plat -
       Cloud Estates/Section IV – B.K. Haynes/Greatland Farms,
       Inc. – Doug Stanley

7.     Appointment   of   Linda   Glavis    to   Well   and   Septic   Appeals

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

Aye:   Carter, Fox, Glavis, Traczyk, White

Request - Acceptance of Bid for Stump, Log and Brush Grinding at
Warren County Solid Waste Transfer Station – Richard Magnifico

     Mrs. Glavis understood the County had been working with the
Town for grinding using the Town„s equipment.    She asked that
the Board discuss this in work session.

     Mr. Magnifico noted that the Town had experienced some
mechanical problems with the grinder and was unable to bring the
equipment to the Transfer Station for a number of months.    The
Town‟s grinding equipment could not grind stumps and the Town
would like to get out of that business.

     Mr. Stanley noted that the County began accepting larger
limbs and stumps at the Transfer Station because of issues
related to burying and burning debris at construction sites.
The County charged $30 per ton and received revenue for the sale
of the mulch, which combined exceeded the cost to grind the

     Mrs. Glavis asked if the County had contracted this service
out before and Mr. Magnifico stated that the County had.     Mr.
Magnifico pointed out that notices were sent to fifty-one
vendors in the area and five responses were received.

     Mrs. Glavis said that last June the Town performed grinding
for the County at a rate of $290 per hour.         She asked if
anything had been ground since then.      Mr. Magnifico did not
think anything had been ground since that time, but he would
have to review his records.     Mrs. Glavis reiterated that she
would like to discuss this in work session.    She asked if the
$57,000 was for a one-time grinding and Mr. Magnifico said that
was correct and noted that the pile of material measured 151
feet long by 51 feet wide by 15 to 20 feet high. She asked how
much the Town ground for $5,500 last year. Mr. Magnifico noted
that it was a small amount of brush that was accepted at the
Transfer Station.   The Town did not grind larger material.   He
noted that the County was simply combining its grinding efforts
into one.

     On a motion by Mrs. Glavis, seconded by Mr. White and by
the following vote, the Board tabled action to discuss the
matter in work session at a future meeting:

Aye:   Carter, Fox, Glavis, Traczyk, White

     In light of the pending contract, Mr.     White felt this
should be scheduled for the next meeting.        There were no
objections from the Board.

Request – Resolution of Support for Town of Front Royal re:
Collection of Water and Sewer Fees from Businesses in Route
340/522 Corridor – Doug Stanley

     Mr. Stanley presented for the Board‟s consideration a final
draft of a resolution of support for the Town of Front Royal for
the Route 340/522 Corridor Agreement.

     Mr. White made a motion, seconded by Mrs. Glavis, that the
Board of Supervisors adopt the proposed resolution of support
for the Town of Front Royal regarding the collection of water
and sewer fees from businesses in the Route 340/522 Corridor
pursuant to the adopted agreement approved on January 27, 1998
by the Town of Front Royal and the County of Warren.

     Mr. White pointed out that this was not an ordinance.    It
was a statement of intent or opinion of the Board of
Supervisors. For that reason, the Board was not holding a public
hearing on this matter. The resolution simply stated in essence
that the Board remained staunchly in support of the Route
340/522 Agreement and staunchly stated that if the businesses
brought lawsuits against the Town related to the collection of
water and sewer fees to which they all agreed, Warren County
would stand shoulder to shoulder with the Town.

     Mr. Traczyk noted that in 1998 the Town Council and Board
came to an agreement to bring the industrial and commercial
growth to the Route 340/522 Corridor. This agreement had worked
for ten years and was now being challenged by emerging
commercial businesses in the new shopping center.    Until such
time as the Town and County reviewed that agreement and
determined if any changes were needed, he felt he must support
past Boards and Councils in upholding the terms and conditions
of the agreement.   He was hopeful that the new Council, when
seated, would come to some compromise on this issue.   The main
objective as he understood was with the eateries in paying the

meals tax in addition to the business property and several other
taxes. The meals tax paid to the Town and County was by far the
most costly to them at 4% each to the Town and County. A simple
way to resolve this was to pass along the tax to the consumer,
but the restaurants were reluctant to do that.     They did not
object to paying the County, but did object to paying the Town
based on their physical location.    He reiterated that he must
support the agreement which was in their contract, but
apparently not been noticed until the invoice from the Town was
received for the first payment.         The Town had received
notification from the established businesses that possible
litigation between several of the chain establishments maybe
forthcoming against the Town. He had an issue with one item on
the resolution, which was the statement to include legal support
should it be challenged by the businesses. He felt this was a
Town issue and did not feel that County dollars should be spent
for Town issues.    He could not support the resolution unless
that statement was changed to, “Therefore be it resolved that
the Board of Supervisors support the Route 340/522 Corridor
agreement as presented in 1998. He felt the legal issues were
with the Town and the restaurants and the County was being
brought into this as a third party.

     Mrs. Glavis agreed that the agreement had worked for ten
years.    By the proposed resolution, the Board was simply
supporting an agreement of the past Board.      Relative to the
issue of legal support, the contract was made between a Board of
Supervisors and the Town and as a party to that contract, she
believed the Board was obligated to include legal support. She
noted that the Board had services available through the Virginia
Association of Counties (VACO).

     Mr. Carter asked if the County had received a response from
VACO as to whether or not they would represent the County in
this matter.     Mr. Mitchell said they had had asked VACO
hypothetically if they would become involved with this, but the
County had not yet received a response. Mr. Carter asked if it
was then possible that the County would be spending the County‟s
taxpayers‟ dollars to defend the Town‟s lawsuit.     Mr. Mitchell
said that was correct if VACO did not represent the County.

     Mr. Carter appreciated Mrs. Glavis„s comments regarding the
contract.   He said it was a matter of differentiating between
the Route 340/522 Agreement and the water contract between the
Town and the business and he understood that would be a third-
party contract by asking the County to be in the middle.     Mr.
Mitchell said that the Route 340/522 Agreement basically started

the framework under which the Town„s contract with individual
users was created.

     Mr. Carter said he was the only current Board member who
was around when the Route 340/522 Corridor Agreement was
negotiated.   He said he was proud of the agreement because it
created hundreds of jobs in addition to shopping and dining
opportunities, which generated tax revenue to pay for a
countywide parks system and fire system, two new high schools,
new Courthouse and County Administration Building without his
constituents paying higher taxes.     He felt it was time for
Warren County citizens to be told what the Town had been doing,
which led to this resolution without a public hearing. The Town
decided to charge the new restaurants in the new shopping
centers a double meals tax on their water and sewer bill, which
would have Cracker Barrel paying over $180,000 a year for water
and sewer services.     The Town said that the Route 340/522
Corridor Agreement says they can charge that rate.       Cracker
Barrel and most existing restaurants that would have to pay
these rates, said they cannot pay this high rate and keep their
doors open.   They are telling the Town they will be forced to
sue the Town because they do not believe the Agreement allowed
the Town to require them to pay a double meals tax through their
water and sewer bills because the Town could only charge a
reasonable rate for water and sewer under Virginia law.      The
Town threatened to turn off the water and sewer to Cracker
Barrel and others if they lose the lawsuit and the Town Attorney
drafted the resolution currently before the Board asking them to
support the Town„s position and pay legal fees for the lawsuit
with the restaurants.   Four new restaurants had signed leases,
but had not built including Chick-Fil-A and refused to come to
Warren County if the Town insisted on charging almost $200,000
per year for water and sewer for them to operate the
restaurants. He did not believe the County should take sides on
this issue at this time and he did not believe his constituents
wanted him to use their money to pay the Town‟s legal fees in
this suit, which he believed they were likely to lose. He felt
the Board should instead meet with the new incoming Town
Council, the restaurants and shopping centers to reach an
agreement that ensured that all the current restaurants remain
economically viable and that the four restaurants that put their
plans on hold would locate in the shopping centers because in
the final analysis the Town could charge $2 million a year for
water and sewer, but if the restaurants are not there, neither
the Town nor the County would receive any revenue.

    Mr. Carter felt the Board should amend the resolution to

only say the Board supported the Route 340/522 Corridor
Agreement and let the Court decide if the Town was right or
wrong and amend the Town Attorney‟s resolution and exempt the
Board from paying the Town Attorney‟s fees in defending their
$200,000 water bill.   It was his opinion that the citizens of
Warren County, whether they lived in the Town or outside the
Town, loved the new shopping centers.        If the Board did
something that endangered their new shopping and dining
opportunities close to home and with gas prices approaching
$4.00 per gallon and they had to travel to Winchester, they
would probably run the elected officials out of the County. By
not going forward with this today, would not mean the Board did
not support the Town. It meant that this was a very important
issue, they needed to carefully review the impact and long-term
implications this would have on all of them.

     Mr. Carter made a motion to amend the original motion by
striking the final paragraph. Mr. Traczyk seconded the motion.

     Mr.    White   said    there   had   been   a   number   of
misrepresentations and mistakes had been made related to this
resolution.    He commented that nothing in the resolution said
the Town was asking the County to pay their legal bills.      He
said that was nonsense and the County was not going to do that.
The County would simply provide legal help through the County‟s
efforts.   The County‟s efforts would be paid for by the County
and the Town‟s efforts would be paid for by the Town.         He
emphasized that this resolution did not authorize the Town to
bill the County. He said there had been a huge misunderstanding
as to what this controversy was about.       The businesses were
contending that they were being double taxed and that was to be
decided by the courts.    He felt the Agreement between the Town
and the businesses was clear that the Town was requiring the
businesses to pay a water bill calculated by looking at the
taxes, but that did not make it a tax. The Town was not double
taxing these businesses. The Town was providing water and sewer
services and the only requirement of that water bill was that it
was reasonable.     Reasonable was something for the court to
determine.    He said he favored the resolution very strongly.
The corridor businesses were a boom to the Town and the County.
He felt the Board needed to do everything within its power to
make certain that it stayed the way it was now. He felt it was
in the best long-range interests of the County to provide

     Mrs. Glavis reminded the Board that the Town citizens were
County citizens and paid the same taxes as those living within

the County. This Agreement had been beneficial to both the Town
and County. The taxes received from the corridor supported new
schools.   The contracts that she reviewed clearly spelled out
that the town was entitled to charge water and sewer fees based
on an amount equal to the taxes they would have collected within
the town.   She noted that the economy was slowing and now the
businesses no longer wanted to honor a contract they were all
asked to sign prior to occupying spaces in the corridor.     She
did not feel the County should waiver on its support of the

     Mr. Traczyk asked if the Board would consider waiting until
VACO confirmed whether it would support the County in the issue.

     Mr. Fox asked if the proposed resolution would obligate the
County to any specific amount on the legal aspect or would that
be at the Board‟s discretion. Mr. Mitchell said it would be at
the Board‟s discretion and would not obligate a specific amount.

     Mr. Traczyk said he was aware that legal fees could be very
substantial.   The Town and County each had the responsibility
for each of their venues. He had no objection to supporting the
Agreement, but he did have concerns about including legal
support should it be challenged by businesses.    He noted that
the County paid a fee to VACO for the provision of legal
services and there was no charge to the County for these
services based on that fee.        If the County could get a
commitment from VACO that they would represent the County in
this matter, he would have no objection.

     Mr. White commented that the statement simply said that the
County would provide legal support. That could be as little as
filing a brief as a friend of court, no major expense. It could
be extensive in that the County could sue the business filing
suit and get actively involved.   Those decisions could be made
at the time. He saw no need to wait for VACO. At this time, he
felt the Board needed to establish a united front, standing
shoulder to shoulder with the Town to support the status quo in
the Corridor.

     Mr. Carter said he supported the Route 340/522 Corridor
Agreement. He asked what was preventing the County from waiting
to see what actually transpired.    He was of the understanding
that the Town had been working on this for six to nine months
and it just came to the Board‟s attention in the last two weeks.
He felt the Board was moving too fast because the Board did not
realize the implications.    He noted that the resolution lent

most support to County citizens living in Town and Town citizens
at the detriment of possibly all County citizens through County
taxes.   He would support the resolution if the last paragraph
was omitted. He hoped that this would be resolved without going
to court.   He said that might mean that the Town, County and
business all give a little. He said it appeared this would go
to court and it was open to interpretation.

     The motion   to   amend   the    original   motion   failed   by   the
following vote:

Carter, aye; Fox, nay; Glavis, nay; Traczyk, aye; White, nay

     Mr. Carter reiterated that he was in support of the Route
340/522 North Corridor Agreement. Mr. Traczyk said he was, too.

     Mr. Fox said the Town requested the proposed resolution and
he would support it.    He believed if the Route 340/522 North
Corridor Agreement and the Town contract with businesses were
nullified, the Town would begin annexation proceedings.       If
their negotiations and the Town‟s rates were compromised, then
the Board would be forced to compromise as well with the food
tax thus threatening the County‟s school building program and
cause this Board to have to raise real estate taxes.

     Mr. Carter said it was interesting that if the Town was not
successful, it might be forced to annexation. He felt that was
another reason for all parties to come together and discuss this
before it reached that point.

     Mr. Fox said that he was prepared to give full support at
this time, but he would be equally prepared to fight any
annexation proceeding so he was ready to support this issue now.

     Mrs. Glavis commented that nothing in approving the
proposed resolution at this time would preclude the Board from
sitting down with the new Town Council to discuss issues.

     The original motion to adopt the resolution shown below was
adopted by the following vote:

Carter, nay; Fox, aye; Glavis, aye; Traczyk, nay, White, aye


    WHEREAS, Warren County and the Town of Front Royal entered

into the Route 340/522 Corridor Agreement on January 27, 1998,

     WHEREAS, said Agreement created a special service area for
water and sewer services to be provided by the Town, and was
subsequently approved by the Virginia Commission on Local
Government,   a  three-judge   Special   Annexation Court,  and
facilitated by the adoption of Sections 15.2-2119 and 15.2-2143
of the Code of Virginia by the General Assembly, which Sections
allowed the Town to contract separately with customers in the
Route 340/522 Corridor for such services; and

     WHEREAS, the provisions of said Agreement and said statues
have benefited both the Town and the County, as well as the
water/sewer customers in said Corridor, for more than nine (9)
years, and continue to attract new investments, new commercial
customers, and most importantly, new jobs to the people of this
area; and

     WHEREAS, all current commercial businesses in the Route
340/522 Corridor signed a separate contract with the Town to
acquire such services which spelled out in detail what those
costs would be, well in advance of the commencement of any
construction or investment in the Corridor area.

     NOW, THEREFORE, BE IT RESOLVED by the Warren County Board
of Supervisors that it affirms its support of the Route 340/522
Corridor Agreement in its entirety.

County Board of Supervisors will support the Town of Front
Royal, including legal support, should it be challenged by
businesses in the Route 340/522 Corridor in the provision of
water and sewer service and the collection of water and sewer
fees including the in-lieu-of tax and license fees as part of
such fees.

Request – Appropriation of $96,708 from County Fund Balance to
Warren County Public Schools for Telephone System Lease Payment
– Doug Stanley

     Mr. Stanley noted that during the FY 2008-2009 budget
process, he had inquired of the School Superintendent if there
were any capital items that the County could help pay down in
order to lessen their operating budget. They were able to make
significant cuts in their operating budget to meet what the

Board was able to provide for next year.     One item identified
was the final two payments on their seven-year lease telephone
system. The current payoff of the lease was $191,977.38 and the
payment for FY 2008-2009 was $96,708.00.    He recommended that
the Board authorize the transfer of $96,708.00 from the County
fund balance to pay this year‟s payment and ask the School Board
to look at paying the remaining amount owed from any end of year
surplus they would have for FY 2007-2008 or leftover funds from
the construction of the two high schools.

     On a motion by Mr. Carter, seconded by Mr. White and by the
following   vote,  the    Board of   Supervisors   approved  the
appropriation of $96,708.00 from the County fund balance to
Warren County Public Schools for payment on their telephone
system lease as outlined:

Aye: Carter, Fox, Glavis, Traczyk, White

Request – Secure Our Schools 2008 Grant – Danny McEathron

     Mr. Danny McEathron, Sheriff, noted that the Sheriff‟s
Office had been working with the Warren County Public Schools
for the past three years and had been successful in securing
grant funding through the Community Oriented Policing Services
Secure Our Schools Grant.      He had reviewed the 2008 grant
application with School Superintendent Pam McInnis and Doug
Stanley.   The deadline for this submission was June 13, 2008.
There were no extra funds available to match the grant.

     Mr. McEathron noted that they had been able to improve the
level of safety and security of students and faculty through
surveillance and security systems.      He proposed to install
surveillance equipment in those areas encompassing the outside
area of the sports complexes, e.g. parking lots, entrance gates,
concession stands, common areas. If there was ever a serious
event, they would have tapes of the area that might help them
identify an individual or individuals. He requested a match of
$29,995.00 should this grant application be approved.

     On a motion by Mr. Traczyk, seconded by Mr. Carter and by
the following vote, the Board of Supervisors approved the
submission of the Community Oriented Policing Services Secure
Our Schools Grant for 2008 and, if awarded, authorized the
transfer of the 50% matching funds required from the FY 2008-
2009 Reserve for Contingencies:

Aye:   Carter, Fox, Glavis, Traczyk, White

Request – Warren County Educational Foundation Scholarships –
Doug Stanley

     Mr. Stanley noted that the Board had established the Warren
County Educational Foundation Scholarship on March 17, 1986.
The scholarship was awarded to the top male and top female
graduate of Warren County High School having the highest
academic average in grades 9-12.    The recipients were required
to attend grades 9 through 12 in the Warren County School System
and be enrolled in a minimum of two classes at Warren County
High School during each school year.       The funding for the
scholarships originally came from the proceeds of the Warren
County Educational Foundation, Inc. contributions to the
Virginia Retirement System (VRS) for teachers who taught at the
former Mosby Academy from November 1958 to July 1, 1969.    When
the foundation was dissolved in 1971, the remaining assets were
transferred to Warren County.      In 1983 the Foundation was
terminated as a participant in the VRS and the County requested
the funds to be used for a scholarship fund.      The County had
provided two $5,000 scholarships each year since in accordance
with the adopted guidelines.

     Mr. Stanley noted that since there were two high schools,
the process needed to be amended.      He also pointed out that
there was no longer an adequate principal balance to support two
$5,000    scholarships.    The  current    account   balance   was
$119,963.63.      He recommended that the Board appropriate
$33,158.87 from excess interest earned (revenue from use of
money) in the current budget year to the scholarship fund to
return it to the original balance, provide two $5,000
scholarships in 2008 and in the out years provide two based on
the interest earnings of the account.     He added that he would
like   to    seek  funding from   private   donations   or   board
appropriations to rebuild the principal balance to a level that
would generate the required revenue to support two $5,000

     In discussing this with the School Superintendent, Mr.
Stanley learned that the School System had funds from the Carl
and Emily Thompson Charitable Trust that could provide two
$5,000 scholarships as well so that the original intent of
providing $5,000 scholarships to the top male and female student
at each school could be maintained.

     Mr. Fox asked if it was difficult to maintain the
scholarship fund with today‟s interest rates. Mr. Stanley said
that was part of the problem and they were unable to generate
enough interest to maintain that balance.

     Mrs. Glavis asked if the principal balance was increased to
$200,000 to $250,000, would the interest take care of it.    Mr.
Stanley said it would depend on the interest rate, but he felt
it should support it at that level if they were able to obtain
Certificate of Deposit rates of 3.5% to 4%.

     On a motion by Mr. White, seconded by Mr. Traczyk and by
the following vote, the Board of Supervisors adopted Option 2 as
proposed   for   the   Warren   County   Educational  Foundation
Scholarship program and awarded a $5,000 scholarship to the top
male student having the highest academic average in grades 9-12
at Warren County High School and top female student having the
highest academic average in grades 9-12 at Skyline High School
and asked that the Carl and Emily Thompson Charitable Trust
funds be used to fund a $5,000 scholarship at each school for
the opposite sex having the highest academic average in grades
9-12 for the 2007-2008 school year and appropriated $33,158.87
from excess interest earned (revenue from use of money) from the
FY 2007-2008 budget and set the scholarship amounts in future
years in April of each year based on the interest earnings of
the prior year as outlined:

Aye:    Carter, Fox, Glavis, Traczyk, White

Request – Resolution of the Warren County Board of Supervisors
re:     the Front Royal/Warren County Economic Development
Authority – Glenn White

     Mr. White made a motion that the following resolution be
adopted by the Board of Supervisors:

                             REGARDING THE

     WHEREAS, in 1967 the Town Council of the Town of Front
Royal, Virginia (hereafter referred to as “Town” or “the Town”)
enacted an ordinance as part of an agreement with the Board of
Supervisors of Warren County, Virginia (hereafter referred to as
“County” or “the County”), which created the Warren County/Front
Royal Economic Development Authority (hereafter referred to as

“EDA” or “the EDA”), formerly       known   as   the   Industrial
Development Authority, and

     WHEREAS, the Town and the County have throughout the years
since that enactment supported the goals and objectives of the
EDA through appropriations of money and conveyances of real
estate, among other things, and

     WHEREAS, the net effect of such support has helped the EDA
to become successful and by some measures, wealthy, both in land
and in cash, and

     WHEREAS, the County is of the opinion that conditions
relating to the purposes and objectives of the EDA are now
substantially different from when the creating (and related)
documents referenced above were written.

     NOW, THEREFORE, BE IT RESOLVED that it is necessary for the
Town, the County and the EDA to create new documents related to
the continuing operation and administration of the EDA and that
these new documents shall included the following:

1.   The EDA will return to the Town and the County all profits
(defined as net amounts remaining from real estate it has sold
after payments of all sale related costs and payoff of all loans
or deeds of trust on the properties sold) from real estate sales
that occur subsequent to the ratification of the documents
described immediately above, said funds to be paid 72% to the
County and 28% paid to the Town.

2.   The EDA will annually request budget amounts from both the
Town and the County sufficient to meet its operating needs and
the Town and County will include appropriate operating funds in
their respective budgets.

3.   Appointees to the EDA Board of Directors subsequent to the
adoption of this resolution will be subject to eight (8) year
term limits.

4.   The number of appointees to the EDA Board subsequent to the
adoption of this resolution will be four (4) made by the County
and three (3) by the Town. This will be accomplished by
replacing the next Board member from the County whose term has
expired with one from the Town.

5.   The EDA will not purchase any real estate or incur capital
obligations in excess of $100,000 without the approval of the
County and the Town.     This paragraph is contingent upon the
agreement by the Town to pay 45% of the operating funds
described in item 2 above.

6.   Whenever any of the EDA meetings are attended by elected
and sworn members of the Town Council or the County Board of
Supervisors, said members will, to the extent permitted by law,
be allowed to attend closed (executive) sessions of any such

    Mrs. Glavis seconded the motion.

     Mr. Traczyk noted that he did not have any objection to
some of the issues in the proposed resolution, but fundamentally
did not support this type of action, which was basically a
performance review of the Board‟s appointed EDA members and
staff.  He felt that if the Town and County had concerns, they
should be brought to their representatives respectively and
discussed.   From those discussions, a defining scope of work
should be established setting up objectives and developing a
plan followed by execution of that plan whether it was the
Comprehensive Plan, budget issues or the EDA.        If the SRI
program was not what the Board wanted, then they needed to
recognize that and adjust it.    Sending this resolution to the
EDA was not an answer and would only alienate its members and
staff and not unify the Town and County in its purpose. He said
he would not support this resolution.

     Mr. Carter agreed with Mr. Traczyk.      He felt this was
micromanaging.    He noted that a fair funding formula was
established around 1995 and revisited about two years ago by
Springsted.    He felt that was the basis they should use
regarding funding and appointment of members, etc.     He agreed
that it might need to be reviewed and adjusted. He noted that
the Board and Town Council tried to meet with the EDA on an
annual basis to review the EDA‟s direction, goals, etc.       He
suggested that they meet as soon as possible and review the
EDA‟s direction. He said he could not support resolution.

     Mr. White emphasized that this was not an ordinance or an
agreement.   It was simply a statement of opinion and intent.
Nothing would happen without the consent of the EDA Board, the
Town Council or the Board.    He said this was a statement that
the Board felt something should be done and here was a framework

upon which they could build.  He said the proposed resolution
did not obligate the Board to anything except that it was the
Board‟s intent to have the Town, County and EDA create new
documents including the six items suggested in the proposed

     Mr. White said that the status quo was not working and he
received complaints every week and something needed to change.
This was the beginning of identifying what that change would be.

     Mrs. Glavis agreed with Mr. White. It was a suggestion and
they needed to sit down together and work on new agreements.

     Mr. Carter agreed, but he did not feel they needed the
formality of a resolution.     They could meet and discuss the
items suggested in the resolution, as well as others.

     Mr. Fox said he sometimes heard criticism and complaints
and most of them were not fair, but there was some concern and
he felt the proposed resolution would send the message that the
Board was working to try to improve all government body

     The motion to adopt the        aforementioned   resolution   was
approved by the following vote:

Carter, nay; Fox, aye; Glavis, aye; Traczyk, nay; White, aye

Closed Meeting - Personnel Matters re:     Appointments (Section
2.2-3711.A.1 of the Virginia Freedom of Information Act)

1.   Warren County Airport Commission

2.   Community Criminal Justice Board (Danny McEathron’s 2-year
     term expires June 30, 2008)

3.   Lord Fairfax Emergency Services Board (Wayne Dodson’s 3-
     year term expires June 30, 2008)

     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 to the code sections cited:

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

     On a motion by Mrs. Glavis, seconded by Mr. Carter and by
the following vote, the Board of Supervisors appointed Lalit
Piplani to the Warren County Airport Commission to fill the
unexpired term of Roger Jarmon ending June 30, 2009:

Aye:    Carter, Fox, Glavis, Traczyk, White

     On a motion by Mrs. Glavis, seconded by Mr. Carter and by
the following vote, the Board of Supervisors appointed J.
Michael Spory to the Community Criminal Justice Board for a two-
year term beginning July 1, 2008 and ending June 30, 2010:

Aye:    Carter, Fox, Glavis, Traczyk, White

     On a motion by Mr. Traczyk, seconded by Mr. Carter and by
the following vote, the Board of Supervisors nominated Wayne
Dodson for reappointment to the Lord Fairfax Emergency Services
Board for a three-year term beginning July 1, 2008 and ending
June 30, 2011:

Aye:    Carter, Fox, Glavis, Traczyk, White


       Mr. Fox adjourned the meeting.


To top