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January 08, 2004 Work Session 259 A W orksession ofthe Frederick County Board of Supervisors was held on Thursday, January 8, 2004 at 12:00 PM, in the Board of Supervisors' Meeting Room, 107 North Kent Street, Winchester, Virginia. PRESENT Chairman Richard C. Shickle; Bill M. Ewing, Barbara E. Van Osten; Gary W. Dove; Gina A. Forrester; and Lynda J. Tyler. ABSENT Vice-Chairman W. Harrington Smith, Jr. (Arrived at 1 :00 PM). CALL TO ORDER Chairman Shickle called the meeting to order. Administrator Riley welcomed the new and returning board members and introduced Jay Tibbs, who will be taking Carol Bayliss' position as Deputy Clerk to the Board of Supervisors beginning in March. Administrator Riley explained that the purpose of this worksession was to review some of the topics that will be before the Board over the next six months. Administrator Riley advised that he had one additional item to add to the agenda, which was a budget transfer request from the Public Works Department to allow that department along with the Planning Department to relocate to the vacant Social Services office space situated on the second floor ofthe new County Office building. Administrator Riley stated that this item would be added to next week's agenda provided the Board could reach a consensus on this request. This item was added prior to the Legislative Update portion ofthe agenda. BUDGET DOCUMENT Administrator Riley presented a preliminary budget document to the Board and advised them to review the proposed budget calendar, which set the budget public hearing for the second Board Meeting in March with adoption of the budget to take place at the first Board meeting in April. Administrator Riley advised that he expected this preliminary budget to be before the Finance Committee at its January 21, 2004 meeting. Administrator Riley concluded by stating that he would be glad to answer any ofthe Board's questions regarding this item. Chairman Shickle advised all of the Board Members present that they were welcome to attend the Finance Committee meeting. Chairman Shickle asked Administrator Riley if he knew when the Board could expect to see the School's budget request. Minute Book Number 29 Board of Supervisors Worksession of 01108/04 260 Administrator Riley responded no, but he would query. Administrator Riley advised the Board the he had received the cost of community services from the American Farmland Trust, which will be presented to the Board at next Wednesday's meeting. Administrator Riley stated that staff had reviewed the numbers and they appear to be in order. COMPREHENSIVE PLAN UPDATE PROCESS Director Lawrence gave the Board a brief overview of the Comprehensive Plan as a "pre- shadow" to the January 28,2004 public hearing. He advised that staff does an annual update to the Comprehensive Plan in lieu of the five year update required by law. Director Lawrence explained that the update includes small area studies and responses to citizen requests. These items are brought to the Board of Supervisors for inclusion in the Plan. Director Lawrence advised that he would be bringing 10 to 12 items forward to amend the Plan. Chairman Shickle asked Director Lawrence if 10 to 12 items constituted an update. Director Lawrence responded that he was looking for permission from the Board to incorporate these 10 to 12 items into the Plan. Supervisor Van Osten asked about the new proposed development regulations discussed at the last Planning Commission meeting. Director Lawrence responded that those items would come before the Board for discussion, but they would not be incorporated in the Comprehensive Plan because the regulations were proposed ordinance amendments. Supervisor Dove asked if there was anything the Board wanted to include in the Plan update. Chairman Shickle responded that there was not, but the Board would have an opportunity to provide input following this update. Supervisor Dove asked about Route 37. Director Lawrence responded that Route 37 was still in the Comprehensive Plan, but was not in VDOT's six-year road plan. PPEA PROCESS Administrator Riley provided a brief overview ofthe Public-Private Education Facilities and Infrastructure Act of2002. He explained that the purpose of this act is to provide an opportunity for the County to receive unsolicited proposals for projects that are priorities on the Capital Improvement Program list. Administrator Riley went on to explain that the Board can accept the Minute Book Number 29 Board of Supervisors W orksession of 01/08/04 261 unsolicited proposal by resolution and then enter into competitive negotiations with other firms for a similar project. This process cuts down on the time to begin construction of a project as well as allows for localities to plan debt service, etc. for projects. Administrator Riley concluded by saying that the Act had several unique advantages. Chairman Shickle advised that the document before the Board was a conceptual proposal. Administrator Riley explained that the proposal was not the firm's bid; however, the proposal and bid information would come back to the Board during the formal process. Administrator Riley advised that when the proposal is accepted it would be put out in a Request for Proposal based on the conceptual plan, so everyone interested would have an opportunity to respond. Administrator Riley advised that the Board was not obligated to accept the low bidder in this process. He concluded by saying that the Public Works Committee would serve as the review committee for this project. Supervisor Dove asked who would review the specs. Administrator Riley advised that if a proposal meets the needs based on review by the department head then the proposal would go to the Public Works Committee for a recommendation and then to the Board for a resolution. Once a proposal comes before the Board, the Board may either accept or reject the proposal or the entire process. Chairman Shickle asked at what point in the process is money committed. Administrator Riley responded once a contractor is selected. Supervisor Ewing stated that the County was not locked in until a contract is signed. Supervisor Tyler asked if this type of proposal would go through the normal channels (e.g. Finance Committee). Administrator Riley responded no that the proposal would go directly to the Board of Supervisors. AQUATICS CENTER Director Doran advised the Board that the proposed aquatics center was the number one project for Parks and Recreation. He informed the Board that Parks and Recreation had received a proposal from Howard Shockey & Sons for this proj ect, which included a concept plan, funding, etc. Director Doran advised that Parks and Recreation felt the proposal would meet the needs of citizens of Frederick County and would provide a good quality of life asset. Minute Book Number 29 Board of Supervisors Worksession of 01/08/04 262 Supervisor Van Osten asked where this project was with regard to timing. Director Doran responded that the proposal had been received on December 22, 2003 and would be sent to the Parks and Recreation Committee on January 20,2004, and he hoped to bring a recommendation to the Board on January 28,2004. Director Doran went on to say that this only commits the County to accept additional proposals and he anticipated a Request for Proposal to go out sometime in February. Director Doran concluded by saying that he had no time line on acceptance of a conceptual plan. PUBLIC SAFETY BUILDING Sheriff Williamson and Director DuBrueler appeared before the Board on behalf ofthis item. Sheriff Williamson informed the Board that a new public safety building has been on the Capital Improvement Program for the last six years. He explained that he currently has 104 employees in a facility designed to hold 36 employees. "We are in dire straits for space." Sheriff Williamson advised that he has no area for staff meetings or evidence processing and that the same problems exist for Fire and Rescue. Director DuBrueler advised that the proposal before the Board is for a facility designed to meet each department's needs not only for today's demands, but for 20 to 25 years down the road. Director DuBrueler explained that the proposed project includes a lot of public meeting area in the structure. He concluded by saying that he was looking at a project not only for the two agencies involved, but for the community as well. Sheriff Williamson advised that there is no facility in Frederick County large enough to conduct a swearing in ceremony for his department. He stated that the emergency operations communication center is utilized at times, but it is still not adequate. Sheriff Williamson concluded by saying that "we need to move on this project". Supervisor Dove asked if the proposed facility would be designed to be expanded on the property. Sheriff Williamson responded that it is proposed with additional space for expansion and that space could be added to the proposed building as necessary. Supervisor Dove stated that the County needs to look at where the proposed facility is located. Director DuBrueler responded that there are other options and locations being looked at. Minute Book Number 29 Board of Supervisors W orksession of 01/08/04 263 Sheriff Williamson advised that no final decisions have been made and all options are on the table. Chairman Shickle asked Administrator Riley how the situation would be handled in the event another proposal for a facility on a different piece of property is submitted and the Board likes the facility in the first proposal, but prefers the newly proposed property/location in the other proposal. Administrator Riley responded that he was not sure and would have to research that issue further. He concluded by saying that he believed the site being considered had sufficient options to pursue expansIOn. Chairman Shickle asked if this item would appear on a future Board agenda. Administrator Riley responded yes. REGIONAL JAIL EXPANSION Administrator Riley advised the Board that this item was being pursued under the same PPEA process. He explained that the Regional Jail Board has moved forward with this project. Administrator Riley advised that the County is responsible as fiscal agent for finance and personnel and the City of Winchester acts as the fiscal agent for construction projects. He informed the Board that the City has authorized Howard Shockey & Sons to move forward on a 42,000 square foot expansion of the jail, which would allow the County to increase secure bed space in the facility. Administrator Riley concluded by saying that the facility was designed for 263 inmates and currently houses a population of 504. Supervisor Tyler asked if the overcrowding problem would continue. Administrator Riley responded that the Jail was deferring construction on a third pod by doing this proposed expansion. He advised that this expansion would always be used and this was a means of buying time until a large construction project can be afforded. Administrator Riley explained that the City was in the negotiating phase of this project. He went on to say that the County is pursuing the General Assembly in an effort to have the jail construction moratorium lifted in the County, which would allow 50% ofthe project to be funded by the State. Administrator Riley concluded by saying that the City of Winchester received only one bid on this project and this proposal would not come before the Board. Supervisor Van Osten asked Administrator Riley when he expected a decision from Richmond. Minute Book Number 29 Board of Supervisors Worksession of 01108/04 264 Administrator Riley responded the he hoped to hear something during this session as "we" have let all of our delegation know about this issue. Supervisor Dove asked when the Board would see an effect on the budget. Administrator Riley responded that the Board would see an immediate effect on jail debt service in the budget they are about to adopt. He concluded by saying that other projects are one to two budgets out. ONGOING DISCUSSION OF JOINT PROJECTS WITH THE CITY OF WINCHESTER: ECONOMIC DEVELOPMENT COMMISSION Administrator Riley advised that the Joint Finance Committee is continuing a dialogue with the City of Winchester and the City is questioning the Economic Development Commission's importance to them. He stated that it is the City's beliefthat the money committed to the Economic Development Commission goes to expand industry in the County. Administrator Riley advised that he takes exception to this belief because the Commission works to retain existing industry. (Supervisor Smith arrived.) Administrator Riley informed the Board that the County funds 70% ofthe Commission's budget while the City funds 30%. He went on to say that he believes the City should contribute more, but the City believes they should contribute less. Administrator Riley concluded by saying that the structure of the Commission might change as agendas have changed and he and City Manager Daley have been tasked with coming up with some commonality of projects. Supervisor Dove asked if there was a time frame. Administrator Riley responded that he had to report back to the Joint Finance Committee on February 16, 2004. Supervisor Van Osten asked how the Commission could be financed to assist industry in the city. Administrator Riley responded that the Commission could take the City's contributions and set up a separate fund exclusive to city industry. Supervisor Tyler asked how the funding make up has changed since the Commission's creation in 1994. Director Shiffler responded that the Commission was originally funded 50%/50% and then Minute Book Number 29 Board of Supervisors Worksession of 01108/04 265 by population. Administrator Riley advised that the County continues to increase while the City continues to decrease. REGIONAL AIRPORT Administrator Ri ley advised there were also issues with the regional airport. He believed the airport should be funded by usage rather than by population, which is the current method. Administrator Riley advised if the airport were funded by usage the contributions would probably be around 50%/50%. Chairman Shickle summarized the four issues under the Joint Projects discussion as follows: 1. The County feels the Economic Development Commission is more effective than the City. 2. The County believes the airport is of more value to the County than the City. 3. The Joint Judicial Center is ofless value to the County than the City. 4. The jury is still out on the Tourism Board. Supervisor Van Osten asked for a funding breakdown for the airport. Administrator Riley responded 70% County and 30% City, the same as the Economic Development Commission. TOURISM BOARD Administrator Riley informed the Board that the Tourism Board has been in existence for three years and the County and City each pay 50%. The County has also paid to help refurbish the city's museums. Administrator Riley advised that the County needs "to be at the table" at less than 50% funding, which would allow the County to begin reimbursing itself for the $400,000 contribution to the Civil War Museum. Chairman Shickle advised that the Tourism Board's focus has historically been downtown. Supervisor Tyler asked where we would go to start ehanging the agreement. Administrator Riley responded that the process would start with the Joint Finance Committee and then would have to go before the City Council at some point. Chairman Shickle advised the Board that he felt they needed to be updated on these issues. He concluded by saying that the two administrators need to work together to see the pros and eons of the existing relationships. Supervisor Van Osten asked for a "best scenario" time frame to resolve these issues. Administrator Riley responded that he thought they eould be resolved this fiscal year. Miuute Book Number 29 Board of Supervisors Worksession of 01108/04 266 Supervisor Forrester stated that she would like the Board to receive a list ofthe pros and eons prior to weighing in on these issues. Supervisor Dove stated, that as a former member of the Economic Development Commission, it is a shame that Winchester does not realize the time and effort the Commission puts into retaining business and industry. OFFICE RELOCATION FOR PUBLIC WORKS. INSPECTIONS. PLANNING AND DEVELOPMENT. AND COMMONWEALTH ATTORNEY Director Strawsnyder advised the Board ofthe vacant office space on the second floor ofthe new building, formerly occupied by Social Services. He stated that there was a need for additional space for Planning, Public Works, and GIS. Director Strawsnyder advised that the current vacant offices would not provide enough space for these departments; therefore, they are proposing to also relocate the Commonwealth Attorney's offices from the second floor to the fourth floor. The move would be done in three phases: 1. Move Public Works, Inspections, and Planning and Development to the second floor. 2. Move the Commonwealth Attorney to the fourth floor. 3. Move Planning and Development into the former Commonwealth Attorney's Offices. Director Strawsnyder advised that the costs associated with these moves included paint, modifications to the offices, and furniture. He has secured inmate services to cover the labor. The "bottom line" budget for this move is $80,000. Chairman Shiekle asked about the need to purchase another copier. Director Strawsnyder responded that the issue was still "up in the air". Chairman Shickle asked about the eatalyst for this proposed move. Director Straw snyder responded that the space was available. Administrator Riley advised that the space has been vacant since last fall and that the original intent was to move Social Services and use this area as a temporary home for the Sheriffs Department. Supervisor Ewing asked if this issue was so critical that it could not be considered during budget time. Administrator Riley responded that he believed the costs could be handled through a budget transfer as there were funds available from the Gypsy Moth Spraying Program. Chairman Shickle advised the Board that Administrator Riley was looking for a consensus Minute Book Number 29 Board of Supervisors Worksession of 01108/04 267 to have this item placed on the upcoming agenda. The Board of Supervisors consented to the addition of this item to their January 14, 2004 agenda. LEGISLATIVE UPDATE: COUNTY WIDE 35MPH SPEED LIMIT ON ALL DIRT ROADS Administrator Riley advised the Board that he has sponsorship from our local delegation for an amendment to the Code of Virginia to set a countywide speed limit on all dirt roads at 35 mph. Chairman Shiekle asked about the status of the proposed amendment for a 45 mph speed limit on hard surfaee roads. Administrator Riley responded that he was told the delegation was not going to pursue it. STATE FUNDING FOR JAIL EXPANSION This item was discussed earlier in the work session. LEGISLATION TO FORM REGIONAL TRANSIT AUTHORITY Administrator Riley informed the Board that there has been a request to form a regional transit authority. He advised that the County could form a transportation district, but it would need to include part of Clarke County. Because the district would touch Loudoun County, it could be funded through gasoline taxes. Administrator Riley stated that a transportation authority would be funded by the County. Supervisor Tyler asked which would be easier to create. Administrator Riley responded that a transportation district would not require enabling legislation whereas a transit authority would require enabling legislation by the General Assembly. He concluded by saying that he has not approached Clarke County, but "it is always a challenge working with our neighbors to the east". REGIONAL GANG LAW ENFORCEMENT FUNDING Administrator Riley advised the Board that Congressman W olfis proposing funding to assist the region with gang task force enforcement in the amount of $350,000 for Clarke, Frederick, Warren, Page, and Shenandoah Counties and the City of Winchester. Congressman Wolf is concerned about what is happening in Northern Virginia and what could happen here as well. Administrator Riley stated that he thinks the entire law enforcement community is concerned about these trends. Minute Book Number 29 Board of Supervisors Worksession of 01/08/04 268 BOARD COMMENTS Supervisor Dove asked how much of a tax decrease can be given to the citizens, based upon the preliminary budget numbers. Administrator Riley responded that he would do his best not to have taxes inereased. BOARD RETIRES INTO CLOSED SESSION Supervisor Harrington Smith moved that the Board of Supervisors convene in Closed Session pursuant to Va Code Section 2.2-3711 a (7) for consultation with Legal Counsel. The motion was seconded by Supervisor Gina Forrester and passed by the following recorded vote: Richard C. Shickle - Aye Barbara E. Van Osten - Aye Gary W. Dove - Aye Bill M. Ewing - Aye W. Harrington Smith, Jr. - Aye Lynda J. Tyler - Aye Gina A. Forrester - Aye BOARD WITHDRAWS FROM CLOSED SESSION Upon motion made by Supervisor Smith, seconded by Supervisor Ewing, the Board withdrew from closed session. The above motion was approved by the following recorded vote: Richard C. Shickle - Aye Barbara E. Van Osten - Aye Gary W. Dove - Aye Bill M. Ewing - Aye W. Harrington Smith, Jr. - Aye Lynda J. Tyler - Aye Gina A. Forrester - Aye BOARD RECONVENED INTO REGULAR SESSION Upon motion of Supervisor Smith, seconded by Supervisor Tyler, the Board reconvened into Regular Session, and certified that nothing other than what was noted as reason for going into closed session was discussed. The above motion was approved by the following recorded vote: Richard C. Shickle - Aye Barbara E. Van Osten - Aye Gary W. Dove - Aye Bill M. Ewing - Aye W. Harrington Smith, Jr. - Aye Lynda J. Tyler - Aye Gina A. Forrester - Aye CHAIRMAN SHICKLE NOTED THERE BEING NO FURTHER BUSINESS TO Minute Book Number 29 Board of Supervisors Worksession of 01108/04 269 COME BEFORE THIS BOARD THIS MEETING IS HEREBY ADJOURNED. (TIME: 2:45 P.M.) Q~---D ~v O~ Richard C. Shickle Chairman, Board of Supervisors J~~~4 Clerk, Board of Supervisors Minutes Prepared By: ( ~ ? '-/Li Jay E. ib:J- Deputy Clerk, Board of Supervisors Minute Book Number 29 Board of Supervisors Worksession of 01108/04