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HomeMy WebLinkAboutOctober 22, 2003 Regular Meeting 208 A Regular Meeting of the Frederick County Board of Supervisors was held on October 22, 2003, at 7:15 P.M., in the Board of Supervisors' Meeting Room, County Administration Building, 107 North Kent Street, Winchester, Virginia. PRESENT Chairman Richard C. Shickle; Vice Chairman W. Harrington Smith, Jr.; Robert M. Sager; Margaret B. Douglas; Sidney A. Reyes; Gina A. Forrester; and Lynda J. Tyler. CALL TO ORDER Chairman Shickle called the meeting to order. INVOCATION The invocation was delivered by the Reverend Joseph P. Roby of The Peoples Country Church. PLEDGE OF ALLEGIANCE ADOPTION OF AGENDA Administrator Riley advised he had nothing to add. Upon motion made by Supervisor Smith, seconded by Supervisor Forrester, the agenda was adopted, as presented, by the following recorded vote: Richard C. Shickle - Aye Robert M. Sager - Aye Sidney A. Reyes - Aye Gina A. Forrester - Aye W. Harrington Smith, Jr. - Aye Margaret B. Douglas - Aye Lynda J. Tyler - Aye CONSENT AGENDA Administrator Riley suggested the following tabs for approval under consent agenda: 1. Resolution Endorsing Ci tizens Emergency Response Team in Frederick County, Virginia - Tab C; 2. Resolution Re FEMA Reimbursement due to Hurricane Isabel - Tab D; Upon motion made by Supervisor Forrester, seconded by Supervisor Smith, the consent agenda was approved by the following recorded vote: Richard C. Shickle - Aye Robert M. Sager - Aye Sidney A. Reyes - Aye Gina A. Forrester - Aye W. Harrington Smith, Jr. - Ayc Margaret B. Douglas - Aye Minute Book Number 29 Board of Supervisors Regular Meeting of 10/22/03 209 Lynda J. Tyler - Aye CITIZEN COMMENTS Kurt Waldruff, Stonewall District, thanked Supervisor Tyler for meeting with the community in Brucetown, addressing some oftheir concerns with regard to the possible rezoning of the 97.88 acres. He is not opposed to the plant per se, but rather the location of the plant. There are some serious concerns about the road. He asked the Board members, not familiar with the road, to please visit this location, especially the intersection, and just see first hand what is taking place. He advised this road dates back to the mid 1700's. Jim Giraytys, Back Creek District, advised that he feels the portion ofthe meeting that deals with Citizens Comments is extremely important to our particular democracy. He knows there has been some criticism in the press and there are a few that do abuse it, but feels it is important to get the comments out. The problem with I-81 is not passenger vehicles. The problem is trucks. He asked the Board when they look at the impacts, please think the issue is trucks and not vehicles. Bill Daily, Back Creek District, advised Jim Giraytys has stated what the problem is Qn I-81 in terms ofthe truck traffic. He addressed the two pending proposals for this project and his feeling is the only solution either is presenting is to add more pavement. He further advised many jurisdictions up and down the Valley have passed resolutions in favor of adding a significant rail component to the solution for I -81. He urged the Board, if such a resolution is presented to them, that they pass the resolution. Barbara Salyer, Stonewall District, is attending the meeting on behalf of a large number of parents asking the Board to be supportive of the reinstatement ofthe middle school core planning period when reviewing school system budget needs. She submitted a list of 125 signatures sharing support for this need. Jane Seymore, Gainesboro District, present to support the core team planning. Advised her five children are enrolled in the County school system and she could not be more pleased with the County school system. She feels without this planning time her child will get lost in the shuffle. Sam Lehman, Back Creek District, addressed I -81 advising that he feels in order to solve the problem more traffic is not needed along the edge of Winchester and through Frederick County, but to try and create another interstate 70 miles wcst that will take a portion of that traffic. He advised a local official recently stated that Frederick County was experiencing about 2% growth and he feels Minute Book Number 29 Board of Supervisors Regular Meeting of 10/22/03 210 it is more than that, it is more than 3%. Trudy Franklin, Stonewall District, addressed Brucetown Road and the proposed No Through Truck restriction. She advised Supervisor Tyler had advised them this process takes approximately a year. She further advised she has discussed this with Engineer Jerry Copp with VDOT. She feels there are a lot of pollution issues here with Chemstone. Addressed the amount of trips, approximately sixty per day, with the dump trucks. She further addressed the fact an impact study is not required for this rezoning request, but one is required to try and do something about the heavy volume of truck traffic, on a daily basis, on Brucetown Road. She advised to a lay person, such as herself this makes no sense. Katherine Whitesell, Stonewall District, addressed the heavy traffic on Route 37 and the increasing amount of traffic on our roads. She is concerned about what the Board will do with this in the future. She feels the connector roads can be built much faster. She addressed the overcrowding ofthe middle schools advising that she did not want her children in trailers. She feels the County needs to slow down. BOARD OF SUPERVISORS COMMENTS Supervisor Tyler reminded the Board of the Task Force Meeting on Air Quality on October 23, from 9 to 10 at the hospital conference room. Supervisor Douglas advised she had been criticized over the years for not asking enough questions at the Board of Supervisors meetings. She was trying to explain to one lady, who was giving her a hard time, that when she gets her agenda she goes through it, and if she needs more information, if she needs questions answered, she calls. When she gets to the meeting she has most ofthe information that she needs. By the time the other Supervisors ask their questions, the item has been very fully discussed. She said, tell them that, give urn hell. MINUTES Supervisor Forrester advised ofthe following amendments to the Regular Meeting of August 13,2003: 1. Page 7 - 3/4 down the page - the word buyer houses, should read, Byers House. 2. Page 16 - second line from the bottom ofthe page - should read, Comprehensive Policy Plan. 3. Page 17 - second paragraph, third line, should read, to not adopt. Minute Book Number 29 Board of Supervisors Regular Meeting of 10/22/03 211 4. Page 17, second paragraph, fifth line, should read, Comprehensive Policy Plan. 5. Page 17, fifth line from the bottom, should read, in action. The above minutes were approved, as amended, by the following recorded vote: Richard C. Shickle - Aye Robert M. Sager - Aye Sidney A. Reyes - Aye Gina A. Forrester - Aye W. Harrington Smith, Jr. - Aye Margaret B. Douglas - Aye Lynda J. Tyler - Aye (These minutes were from disk provided by Court Reporters.) Upon motion made by Supervisor Sager, seconded by Supervisor Forrester, the minutes of the Regular Meeting of August 27, 2003, were approved by the following recorded vote: Richard C. Shickle - Aye Robert M. Sager - Aye Sidney A. Reyes - Aye Gina A. Forrester - Aye W. Harrington Smith, Jr. - Aye Margaret B. Douglas - Aye Lynda J. Tyler - Aye COUNTY OFFICIALS COMMITTEE APPOINTMENTS JOHN L. MCKENZIE NOMINATED FOR INDUSTRIAL DEVELOPMENT AUTHORITY FROM STONEWALL DISTRICT Upon motion made by Supervisor Tyler, seconded by Supervisor Sager, John 1" McKenzie was nominated for Industrial Development Authority from Stonewall District. This is a four year appointment. The term will begin on November 10, 2003, and expire on November 10,2007. The above motion was approved by the following recorded vote: Richard C. Shickle - Aye Robert M. Sager - Aye Sidney A. Reyes - Aye Gina A. Forrester - Aye W. Harrington Smith, Jr. - Aye Margaret B. Douglas - Aye Lynda J. Tyler - Aye RESOLUTION (#022-03) ENDORSING CITIZENS EMERGENCY RESPONSE TEAM IN FREDERICK COUNTY. VIRGINIA - APPROVED UNDER CONSENT AGENDA WHEREAS, the Board of Supervisors for the County of Frederick does historically support Public Safety projects for all citizens and visitors to the County; and WHEREAS, the Board of Supervisors endorses the enhancement of Public Safety projects Minute Book Number 29 Board of Supervisors Regular Meeting of 10/22/03 I 212 within the County; and WHEREAS, the Local Emergency Planning Committee contributes to the Emergency Management system of the County; and WHEREAS, the Local Emergency Planning Committee has taken a pro-active role in the overall Public Safety Program of the County; and WHEREAS, the Local Emergency Planning Committee has expressed an interest in expanding their mission in the interest of Public Safety; and NOW, THEREFORE, BE IT RESOLVED, that the Board of Supervisors for the County of Frederick, Virginia supports the establishment of a Citizens Emergency Response Team (CERT); and BE IT FURTHER RESOLVED, that the mission of the Local Emergency Planning Committee will be expanded to include the organizational and operational responsibilities involved pertaining to a Citizens Emergency Response Team (CERT). RESOLUTION (#023-03) RE: FEMA REIMBURSEMENT DUE TO HURRICANE ISABEL - APPROVED UNDER CONSENT AGENDA BE IT RESOLVED by the Board of Supervisors of Frederick County, Virginia that Gary A. DuBrueler, Director is hereby authorized to execute for and in behalf of Frederick County, Virginia, a public entity established under the laws of the State of Virginia, this application and to file it in the appropriate State office for the purpose of obtaining certain federal financial assistance under the Disaster Relief Act (Public law 288, 93Td Congress) or otherwise available from the President's Disaster Relief Fund. THAT FREDERICK COUNTY, A public entity established under the laws of the State of Virginia, hereby authorizes its agent to provide to the State and to the Federal Emergency Management Agency (FEMA) for all matters pertaining to such Federal disaster assistance the assurances and agreements printed on the reverse side hereof. Passed and approved this 22nd day of October 2003. REQUESTS FROM THE FREDERICK COUNTY SCHOOL SUPERINTENDENT - APPROVED IN PART Superintendent William Dean appeared before the Board at which time he explained his request for carry forward funds as follows: a. Requests a School Operating Fund Supplemental Appropriation in the amount of $359,845 in available carryforward funds. The funds are needed for the obligation of SOL funds in the amount of $59,845, and additional buses not funded in the FY 2004 budget in the amount of$300,000. - Approved Upon motion made by Supervisor Smith, seconded by Supervisor Reyes, the above request was approved by the following recorded vote: Richard C. Shickle - Aye Robert M. Sager - Aye Sidney A. Reyes - Aye Gina A. Forrester - Aye W. Harrington Smith, Jr. - Aye Margaret B. Douglas - Aye Lynda J. Tyler - Aye Minute Book Number 29 Board of Supervisors Regular Meeting of 10/22/03 213 b. Consideration of Auxiliary Gymnasium for the Fourth Middle School - Denied Supervisor Tyler advised at their last monthly meeting, Parks and Recreation Commission voted not to recommend approval of this request. Dr. Dean further explained that the school board would appreciate the opinion and thinking ofthe Board of Supervisors on an auxiliary gymnasium for the fourth middle school. Such a facility was considered as a bid alternate at the time of bid awards. The gym could be used not only by the FCPS, but also as a facility capable of being scheduled for before and after-hour use by the Frederick County Parks and Recreation Department. The auxiliary gym alternate bid price of $571,000 or $71.00 per square foot is good for 90 days from September 16,2003, before it expires. The current FY03 appropriation for the fourth middle school is $20.3 million ($124/ sq. ft.), and it would require an additional appropriation by the Board of Supervisors of$571,000 if the school board and the Board of Supervisors agreed to the auxiliary gym. He further advised the school board has not taken action on this item and prefers to weigh the consideration ofthe Board of Supervisors before voting on the issue. Supervisor Reyes asked what the auxiliary gym would provide that the existing gym would not? Dr Dean explained it would not provide anything additional, but would be additional gym space. Following Board discussion Supervisor Smith advised his thoughts are that as tight as things are, he feels there is a better place for this $571,000. Dr. Dean agreed there are other areas. Supervisor Smith asked Supervisor Tyler why this failed approval with the Parks and Recreation Commission? Supervisor Tyler advised that Parks & Recreation like what they have now and feel that is adequate. Parks and Recreation would very much like to have an aquatic center, which has been on the Capital Improvements Plan for sometime. Upon motion made by Supervisor Sager, seconded by Supervisor Tyler, the $571,000 will not be used toward the construction of an auxiliary gym for the new fourth middle school. The above motion was approved by the following recorded vote: Richard C. Shickle - Aye Minute Book Number 29 Board of Supervisors Regular Meeting of 10/22/03 214 Robert M. Sager - Aye Sidney A Reyes - Aye Gina A Forrester - Aye W. Harrington Smith, Jr. - Aye Margaret B. Douglas - Aye Lynda J. Tyler - Aye PUBLIC HEARING PUBLIC HEARING - AMENDMENT TO THE 2003-2004 FISCAL YEAR BUDGET - PURSUANT TO SECTION 15.2-2507 OF THE CODE OF VIRGINIA. 1950. AS AMENDED. THE BOARD QF SUPERVISORS WILL HOLD A PUBLIC HEARING TO AMEND THE FISCAL YEAR 2003-2004 BUDGET TO REFLECT A GENERAL FUND SUPPLEMENTAL APPROPRIATION IN THE AMOUNT OF $780.494.00. THIS AMOUNT REPRESENTS THE PERSONNEL REQUEST FOR THE FREDERICK COUNTY FIRE AND RESCUE DEPARTMENT (RESOLUTION #021- 03) - FIVE (5) POSITIONS WERE APPROVED - FOUR (4) FOR CLEARBROOK AND ONE (1) FOR GREENWOOD Director DuBrueler appeared before the Board to explain his request of $780,494.00, and noted the requests had been to the Personnel Committee where the number of personnel requests was reduced from 33 to 14, and the figure for this request is $780,494,000. He further advised this was presented to the County Finance Committee. He further advised it also went to the Public Safety Committee; however, there was not a quorum present; however following discussion there was favorable consideration given for this request to go forward. He further advised this request was presented at the next Fire & Rescue Association Meeting, he advised there was no comment from the association at that time. He advised his concern with the request from Greenwood was that they wanted one staff member to work from 9 P.M. to 7 AM. from Sunday night through Thursday night, not allowing for this individual to be supervised for an evaluation and not allow for training opportunities unless this individual was pulled back for overtime. He felt it would be better to add two personnel in order to make them available 24/7. Supervisor Reyes, in August or September this request was presented to the Fire & Rescue Association, is that correct? Director DuBrueler advised at the meeting in September the minutes reflect that the Personnel Committee met on September 3, wherein they were made aware of Clear brook's request, as well as Greenwood and Millwood's needs, and the request for training officer and that the request would be sent on to the Finance Committee and on to the Board of Supervisors for approval. Supervisor Reyes asked if the nine positions were included in this request? Did they know you were going to ask for nine positions? Minute Book Number 29 Board of Supervisors Regular Meeting of 10/22/03 215 Director DuBrueler, they knew they were included. Supervisor Smith asked what was deducted from the original $1,688,000, what was included in the $900,000 that was deducted? Director DuBrueler asked the Board to look on page 18 of the hand out. He reviewed the positions that had been removed. Supervisor Smith asked Director DuBrueler how long he felt these positions would take care of the department's needs before he would be back before the Board requesting additional positions, if the Board approves the $780,000. Director DuBrueler advised, one of the issues he is dealing with now is, ifthey can find the personnel to hire, it would take at least six months to do the processing. He further explained he would be back presenting the part of his request that was not approved at the upeoming budget cycle. He further advised Middletown Station has requested three additional personnel in addition to what has already been requested. He further advised it cost about $42,000 per position. Supervisor Sager asked when these additional positions would be on board? Direetor DuBrueler advised he would shoot for April 1, 2004. Chairman Shickle asked how long would it take to get the Clearbrook personnel up and running? Director DuBrueler, at least six months. Supervisor Tyler stated that on page 11, the information position GIS, are they unfunded or funded? Director DuBrueler, unfunded. Don Jackson, Gainesboro District, Fire & Rescue Association, stated whatever happens tonight, please don't delay funding for the staffing of Greenwood and Clearbrook. Those companies have proven their needs and they need to be commended for their dedication and honesty in serving their community. The biggest problem that he sees with this is that the Association has always been the place these type of decisions have been made. We have basically never seen the document that is before the Board at this time, nor have they seen the data that was used to do research to formulate the document. He is confused with some of the numbers presented by Director DuBrueler earlier in the meeting. It was his understanding that five positions were approved in total. The first time he knew of this proposal was in the Winchester Star. He asked the Board to fund the five positions Minute Book Number 29 Board of Supervisors Regular Meeting of 10/22103 216 that were unanimously voted on by the eleven companies and table the rest ofthe request and have Director DuBrueler provide this request in its entirety to the eleven companies, along with the data used to form this request. Once this is done, an educated and informed recommendation at a public hearing. This is the only fair way. Tonya Holliday, Gainesboro District, Volunteer with Fire and Rescue, advised she is concerned about this issue, she was confused about some of the numbers she has heard that came from the Association, she needs to go home and read her minutes and see what she has missed. She is not here to speak for or against this reeommendation necessarily, but she feels the Association needs to have more voice in this. For many years the Association has been the link between the volunteers who have provided emergency services in the County and the Board of Supervisors, and she would like to see that link continue and remain strong. Her recollection of the Association meeting was for five positions. Jason Burns, employee of Fire and Rescue, representing the Career Fire Fighters Association. He stated as the County grows the needs of Fire and Rescue system needs to grow also. Currently most of the fire stations in Frederick County are under staffed. He advised of a situation he was involved in with a structure fire in Round Hill wherein a fire truck was totally destroyed by fire, and he feels this was due to a lack of trained personnel being available. He feels these types of incidents happen too many times, not only fire calls, but also EMS calls. Jim Giraytys addressed an article he read a few weeks ago about George Mason University having a wonderful training facility for emergency personnel; however, it is empty as the State cut the funding for the teachers. He thought perhaps the fact that the Board might want to consider making some representation to the State, because we hear we have a crisis looming in our emergency response capabilities. He urged the Board to consider going back to the State and point this out that the facilities are there, and it is a crime not to have the teachers there to teach. Greg Locke, Chief, Stephens City Fire Company, stated that for decades now the Volunteer Fire and Rescue Association has suecessfully, along with its members, guided and helped direct fire and rescue operations for the County, he would like to see that continue! Some of the following concerns have been addressed or mentioned previously are: as a representative of Stephens City Fire and Rescue, along with its members, have great concerns of seeing any digression from the input and established procedure over the years of the Association involvement, as well as their Minute Book Number 29 Board of Supervisors Regular Meeting of 10/22/03 217 recommendations to fire and rescue issues, he feels this is probably the biggest concern. He definitely supports, along with their Department, which met last night, the five additional personnel and possibly more personnel. Again, he has not seen the justifications or the paper work or the numbers. As the County grows, as has been mentioned, there will be a need for additional fire and rescue personnel, we do not dispute that, but again we ask that the Association's voice be involved in that process, and continue to play an integral part of fire and rescue issues within the County. Supervisor Smith asked Fireman Burns to describe how the fire truek burned. Fireman Bums once again, appeared before the Board and explained, in detail, how this incident happened. Supervisor Reyes stated that as he sits as the liaison for Fire and Rescue he has the opportunity to hear many comments that you do not hear tonight, or any of these meetings. The Volunteer Association feels that they should have a little voice, or at least provide their input, into this request. The comments made by Ms. Holliday, Chief Don Jackson, and Greg Locke, and the other gentlemen, are very cogent comments and they should be entertained, and they should be weighed. He suggests, first of all, that the five positions will be a given as far as he is concerned. He suggests that we have a worksession between the Board, as there is so much in here to entertain at a Board Meeting, he believes the Supervisors should have a better opportunity to weigh all ofthis at a worksession and invite the Volunteer Fire and Rescue Association to the table and let them provide their comments and bring this back at the next Board meeting for approval or disapproval. Supervisor Tyler seconded this motion. She wants to see a worksession. She also knows if Tommy Price asks for something he needs it in a bad way, and she wants to get Clearbrook the help that they need. Chairman Shickle asked Director DuBrueler how many positions he had vacant at this time? Director DuBrueler replied none. Those positions were approved during the last budget cycle. He believes maybe in September oflast year. The last one was filled in August ofthis year. Chairman Shickle stated with what you said earlier about filling positions, it is going to be hard to fill these positions. Director DuBrueler, replied yes. Supervisor Forrester stated that several individuals appearing before the Board this evening have stated they were not aware ofthese numbers as they had not come before the Association. Her Minute Book Number 29 Board of Supervisors Regular Meeting of 10/22/03 218 recollection is that they did, and this information was provided to the Board in their package. Director DuBrueler advised the package was never passed out, but he did bring it forth before the Association, for comment, there were no comments, absolutely none, at the Association Meeting. Supervisor Forrester asked Director DuBrueler if it is safe to say that his role is a little different, from the volunteers, in that he is trying to look at the overall system from station to station and the County's overall needs versus one particular station's needs. Direetor DuBrueler, that is correct. Supervisor Forrester, so when you are identifying the training component and the supervisory component, those are things you have to stay on top of in order for it to work for the whole County? Director DuBrueler, that is correct. Supervisor Forrester, the number of volunteers we have today compared to ten years ago, of active? Director DuBrueler, depending on the station, depending on the location, there are 400 people on the roster. Those participating ten years ago were more, but the County was running half the calls. 75 to 80 percent of the calls are for EMS. Administrator Riley advised this package could be shipped out again to each company, let them review it, they can meet as they so choose and get back to the Board. It is a critical issue and it needs to be addressed. They will need to have a special association meeting to deal with this issue rather than wait for their regular monthly meeting. Chairman Shickle advised he would like to see them meet with this packet, at some point and time, for their own opportunity to debate it. Administrator Riley advised he would work with Mr. Cunningham and Direetor DuBrueler to see this meeting takes place. It might not take place in November, but will make every effort to see if this can happen. The above motion, with the understanding this might not be before the Board at their meeting on November 12, and following resolution, was approved by the following recorded vote: WHEREAS, the Frederick County Board of Supervisors, meeting in regular session and public hearing held on October 22,2003, took the following action: NOW, THEREFORE, BE IT RESOL VED, by the Board of Supervisors that thc FY 2003- 2004 Budget be Amended to Reflect: A General Fund Supplemental Appropriation in the Amount of$780, 494.00. This Amount Minute Book Number 29 Board of Supervisors Regular Meeting of 10/22/03 219 Represents the Personnel Request for the Frederick County Fire and Rescue Department. The above General Fund Supplemental Appropriation request was presented; however, the following action was taken: Upon motion made by Sidney A. Reyes and seeonded by LyndaJ. Tyler, to fund the four (4) requested positions for the Clearbrook Fire and Rescue Company, and the one (1) position for the Greenwood Fire and Rescue Company. The remainder ofthe Fire and Rescue Department personnel request to be forwarded to the Frederick County Fire and Rescue Association for their review and recommendation. Richard C. Shickle - Aye Robert M. Sager - Aye Sidney A. Reyes - Aye Gina A. Forrester - Aye W. Harrington Smith, Jr. - Aye Margaret B. Douglas - Aye Lynda J. Tyler - Aye Supervisor Forrester advised that she would have supported the full request at this time, as she sits on the Personnel Committee and the Finance Committee, and she has heard Director DuBrueler for years now, through the Govemment Services Learning, and throughout all of their other meetings, talk about, and each year he comes baek, and the tone is a little more desperate in what he is trying to tell us. She would like to have the Volunteer Association fully on board and understand. PLANNING COMMISSION BUSINESS PUBLIC HEARING PUBLIC HEARING - REOUEST FOREXP ANSION OF THE SEWER AND WATER SERVICE AREA (SWSA) TO INCLUDE THE ENTIRE AREA OF A 98.7768 ACRE PARCEL WHICH IS LOCATED APPROXIMATELY THREE QUARTERS OF A MILE EAST OF MARTINSBURG PIKE (ROUTE 11). ON THE NORTH SIDE OF BRUCETOWN ROAD (ROUTE 672). THE PARCEL IS IDENTIFIED BY PROPERTY IDENTIFICATION NUMBER 34-A-11. AND IS LOCATED IN THE STONEWALL MAGISTERIAL DISTRICT - POSTPONED PUBLIC HEARING - REZONING #10-03 OF FREDERICK LAND COMPANY. LLC. SUBMITTED BY TRIAD ENGINEERING. TO REZONE 98.7768 ACRES FROM EM (EXTRACTIVE MANUFACTURING) DISTRICT TO M1 (INDUSTRIAL LIGHT) DISTRICT. THIS PROPERTY IS LOCATED APPROXIMATEL YTHREE QUARTERS OF A MILE EAST OF MARTINSBURG PIKE (ROUTE 11 ). ON THE NORTH SIDE OF BRUCETOWN ROAD (ROUTE 672). AND IS IDENTIFIED WITH PROPERTY IDENTIFICATION NUMBER 34-A-11 IN THE STONEWALL MAGISTERIAL DISTRICT - POSTPONED PUBLIC HEARING - RESOLUTION (#024-03) AND UPDATE OF THE 2004-2005 THROUGH 2009-2010 FREDERICK COUNTY SECONDARY ROAD IMPROVEMENT PLAN AND THE CONSTRUCTION PRIORITY LIST FOR 2004- Minute Book Number 29 Board of Supervisors Regular Meeting of 10/22103 220 2005. THE VIRGINIA DEPARTMENT OF TRANSPORTATION AND THE BOARD OF SUPERVISORS FOR THE COUNTY OF FREDERICK. VIRGINIA. IN ACCORDANCE WITH SECTION 33.1-70.01 OF THE CODE OF VIRGINIA. WILL CONDUCT A JOINT PUBLIC HEARING. THE PURPOSE OF THIS PUBLIC HEARING IS TO RECEIVE PUBLIC COMMENT ON THE PROPOSED SECONDARY SIX-YEAR PLAN FOR FISCAL YEARS 2004/05 THROUGH 2009/10 IN FREDERICK COUNTY. AND ON THE SECONDARY SYSTEM CONSTRUCTION BUDGET FOR FISCAL YEAR 2004/05. ALL PROJECTS IN THE SECONDARY SIX-YEAR PLAN THAT ARE ELIGIBLE FOR FEDERAL FUNDS WILL BE INCLUDED IN THE STATEWIDE TRANSPORTATION IMPROVEMENT PROGRAM (STIP). WHICH DOCUMENTS HOW VIRGINIA WILL OBLIGATE FEDERAL TRANSPORTATION FUNDS - APPROVED (A COMPLETE COPY OF THIS PLAN IS ON FILE IN THE OFFICE OF PLANNING AND DEVELOPMENT AND THE COUNTY ADMINISTRATOR) Director Lawrence presented this plan to the Board advising that the most significant change this year includes the new Rural Rustic Road Program, recently adopted by VDOT. This program give localities the option of hard surfacing certain unpaved roads with tar and chip, and with minimal reconstruction. Ifthis option is chosen, localities must pass a resolution to limit development along the road in the future. Adams Road (Route 689) is the only road in Frederick County which is in the Rural Rustic Road Program. However, several other roads have potential to be in this program in the future. The Frederick County Transportation Committee considered the draft update during their September 2, 2003 meeting. No citizens addressed the committee during this meeting and a recommendation was forwarded to approve the draft 2004-2005 Secondary Road Improvement Plan as presented by staff. Resident Engineer Jerry Copp was present to answer any questions the Board Members might have. Trudy Franklin, Stonewall District, advised there are safety issues that eoncern her. She invited the Board members to visit the intersection on any given day between 3 :30 and 4:30 and that is all they would need to see to know there is definitely a safety issue that needs to be addressed. Katherine Whitesell, Six Year Road Improvement Plan, supports the Greenwood Sulpher Spring Road connector, those type of roads move traffic. She is sorry VDOT did not fund Route 37 East, did not think it was worth funding, they can't fund it, they do not have the funds. Lets pull together and understand what we need for this County. Nick Lauderdale, Babs Mountain Road, addressed unpaved roads where he lives, about a mile, and he seconded what was said earlier about Rural Rustic Roads. Anything that could occur Minute Book Number 29 Board of Supervisors Regular Meeting of 10/22/03 221 to put pavement down as opposed to gravel to lower the dust in times of drought. He loves living in Frederick County. Supervisor Sager moved to adopt the Six Year Road Improvement Plan, and resolution. Supervisor Smith seconded the motion. Supervisor Tyler advised that she had requested a Scenic Byway on Red Bud Road, feeling that it met the criteria, and she would ask that VDOT check into where this is in the process. She further asked on the Unscheduled Major Road Improvement Projects. The Jordan Springs, Woods Mill, has been there for a very long time, and VDOT just invested a great deal of money to resurface that road, which she appreciates. What are the improvements marked for there? Engineer Copp advised he is not trying to do anything. This list is a result of citizens coming before the Planning Commission and the Transportation Committee or this Board making certain requests for improvements to these roads. It is a documented request only. Supervisor Tyler, asked about flashing lights and bells at the railroad crossing. When will VDOT know about the Federal Funds for Red Bud Road? Engineer Copp advised he expects to hear one way or the other within the next 30 to 60 days. Supervisor Tyler, the Baker Lane traffic light that is desperately needed, the funds have been approved, when is this installation expected? Engineer Copp, we believe it will be started in December of this year. Supervisor Sager stated that in his tenure as a Board Member Scenic Byways have been approved, correct? Engineer Copp replied yes. Chairman Shickle advised that he thought a portion of Route 55 was included in that. Supervisor Smith requested to have citizen Trudy Franklin appear before the Board at this time. He asked her what intersection she was referring to earlier? Trudy Franklin replied it was Brueetown Road which is Route 672 and Route 11 north. The above motion and following resolution was approved by the following recorded vote: WHEREAS, the Transportation Committee and Frederick County Planning staff reviewed the proposed 2004-2005 Secondary Road Improvement Plan for Frederick County; and, WHEREAS, the Transportation Committee recommended unanimous approval of this plan on September 2,2003; and, WHEREAS, the Frederick County Planning Commission held a public hearing and Minute Book Number 29 Board of Supervisors Regular Meeting of 10/22/03 222 recommended unanimous approval of this plan at their regular meeting on October 1,2003; and WHEREAS the Frederick County Board of Supervisors had previously agreed to assist in the preparation ofthis plan in accordance with the Virginia Department of Transportation policies and procedures and participated in a public hearing on the proposed plan, after being duly advertised so that all citizens of the County had the opportunity to participate in said hearing and to make comments and recommendations concerning the proposed plan and priority list; and, WHEREAS, Jerry Copp, Resident Engineer, Virginia Department of Transportation, appeared before the Board and recommended approval of the Six-Year Plan for Secondary Roads (for 2004-2005 through 2009-2010) and the Construction Priority List for 2004-2005 for Frederick County, and WHEREAS, the Frederick County Board of Supervisors considered and approved this plan on October 22,2003; and NOW, THEREFORE, BE IT ORDAINED by the Frederick County Board of Supervisors as follows: The 2004-2005 Secondary Road Improvement Plan appears to be in the best interest of the Secondary Roads System in Frederick County and ofthe citizens residing on the Secondary Roads System; said Six-Year Plan and Construction Priority List are hereby approved as presented at the public hearing, as amended. Richard C. Shickle - Aye Robert M. Sager - Aye Sidney A. Reyes - Aye Gina A. Forrester - Aye W. Harrington Smith, Jr. - Aye Margaret B. Douglas - Aye Lynda J. Tyler - Aye OTHER PLANNING ITEMS: RESOLUTION (#025-03) OF THE 1-81 IMPROVEMENT PROJECT - APPROVED Director Lawrenee presented this information to the Board advising that VDOT is currently deliberating with two separate business consortiums about their proposals to improve Interstate 81. These companies are Star Solutions and Fluor Virginia, Inc. Both companies submitted their proposals to VDOT under the authority of the Public Private Transportation Act of 1995 (PPTA), which allows agencies of the Commonwealth of Virginia to procure services of private companies. These proposals were received by VDOT on September 5,2003. Therefore, Frederick County has until November 4, 2003 to provide VDOT with comments. He further advised that the Transportation Committee believed both proposals could do more to address local transportation needs and improve rail infrastructures along I-81. He further advised that all comments received from the Board of Supervisors will be forwarded to VDOT for their consideration. VDOT is not necessarily seeking to learn a proposal preference, but rather how each proposal impacts Frederick County, and how each proposal could better address the County's needs. He further advised that the Minute Book Number 29 Board of Supervisors Regular Meeting of 10/22/03 223 Planning Commission was disheartened with the fact that both proposals are only designed to give a few years of adequate level of service after completion. Other concerns of the Planning Commission included the impact that the road improvement would have on the environment; the effects on local businesses and homes; and how tolls would apply to local traffic. The Planning Commission also believed that more consideration of rail improvements in the I -81 corridor was warranted. He also provided information on what has been presented also as far as rail being used as an alternative. He further advised that it has been said, that neither one of these proposals consider the local needs. Neither consider in detail CD lanes, which at one point the County was supportive of. Neither has a significant rail element which would include a passenger service. The passenger they refer to certainly does not help the 81 corridor. Neither talk about the Route 277 interchange upgrade and relocation. They do not address significant improvements for the Stephenson interchange. Supervisor Sager advised he could not imagine expanding/widening I-81, two lane, four, eight, whatever the case may be. Pollutants lay in the basin at the foot ofthe mountains and do not dissipate, this concerns him as the area's air quality will not get better, only worse. He also addressed the area of enforcement. He feels there should be something put in place to force these trucks to be moved by rail. He is not against trucking, but why not put them on rail. Supervisor Smith advised he attended the meeting conducted by Fluor last evening. The main trucks are making the long haul. He would be all for the rail, but does not feel the truckers will use it, as it would be too expensive. He feels it looks very complicated by rail, although he would certainly be for the rails. Supervisor Tyler advised she has studied this issue and spent a great deal of time on it. She has an underlying gnawing going on right now that no matter how much the Board talks, they are going to proceed. What concerns her most of all ifthe RFP for the PPT A is being violated [rom the get go. She wonders how sincere VDOT is, in listening to the community, if they are trying to rebuild trust, but we are going right back to the way of doing things we have always done. Build roads, which are over capacity as soon as they are finished or in a few years. The air quality issue is horrendous, but the underlying thing she keeps running into is ifthey are going to violate the RFP on the PPT A, we are in for problems. Feels the entire State needs to be unified with this issue. Chairman Shickle advised that he felt the points raised by Supervisor Tyler should be an Minute Book Number 29 Board of Supervisors Regular Meeting of 10/22/03 224 attachment of the resolution. Supervisor Sager asked just how much leverage do the localities have in a matter such as this? When it is all said, will this resolution have any bearing, or are they going to do what they are going to do. Supervisor Tyler stated that she felt the resolution needed to go to the General Assembly, our delegation that represents us on the Federal level. She would somehow like to touch the governor, she is working with jurisdictions up and down the eorridor, to either get a voice to represent us to the governor, we need to be very careful. Administrator Riley suggested that the Board adopt the resolution before them in addition to the points that staff has added, that the County has been after Federal Highway Administration for years on CD lanes, because they will not build any new interchanges, and we cannot get the one interchange relocated that we need in Stephens City. If we can stress the points that involve us, he would not suggest that the Board support either one ofthese proposals, because he feels both ofthem are lacking. He feels we need to protect the community of interest, which is we and the City of Winchester. Chairman Shickle advised that he feels they spend most of their time arguing about the parts that should have been done ten years ago instead of the parts that need to be done for the future. Supervisor Sager moved to approve the resolution in addition to staff suggestions. Supervisor Douglas seconded the motion. Director Lawrence restated the bullets for inclusion to the resolution. *The CD Lanes *Greater rail emphasis including passenger and freight, not just freight. *Consider minimal use of the median. *Interchange upgrades *Relocate Route 277 *Look at the environmental impacts more seriously, up-front. *Consider the impacts of tolls on local traffic. *Stephenson Interchange Supervisor Forrester requested to have some sort of upgrade to the interchange of313, where the college student was killed this past year. Could we add to this resolution stating that the Board Minute Book Number 29 Board of Supervisors Regular Meeting of 10/22/03 225 is not really supporting either one of the proposals as presented to the Board, but advise thcm of what our thoughts are? She further requested to add an additional WHEREAS, by the time these improvements are made, that it will not be able to handle the projected capacity for the roads in those years, as this is very short sighted. Supervisor Sager and Supervisor Tyler were in agreement for this additional WHEREAS to be added. WHEREAS, the I-81 corridor is increasingly the route of ehoice for trucks traveling northeast and the south/southwest because of congestion and expanding shipments generated by the North American Free Trade Act; and WHEREAS, Norfolk Southern Corporation estimates that 70 percent oftruck traffic passes through Virginia to destinations outside of our borders; and WHEREAS, the two proposals submitted to the Virginia Department of Transportation (VDOT) to expand the number oflanes and other appurtenances on I-8l do not adequately address rail freight potential in the whole I-81 corridor and provide no option for passenger rail, although upgrading the corridor's main rail line secures the passenger rail option; and WHEREAS, proper inclusion of a freight/passenger rail component in a comprehensive surface transportation policy assures notable reduction in needed interstate lane capacity and associated design and construction costs; and WHEREAS, the increased use of railroads to move freight will improve safety by reducing dangerous vehicular congestion on I-8l, will improve energy conservation by reducing the amount of diesel fuel consumed for freight transportation, will improve the health of people and other living things in our community by lowering air pollution and toxic emissions along I -81, and protect the impact on the natural, scenic, and historic resources in our Shenandoah Valley; and WHEREAS, the two proposals under consideration by VDOT do not comply nor do they address V-Trans (Virginia Statewide Multi-Modal Long Range Transportation Plan), Frederick County's Comprehensive Policy Plan, Winchester-Frederick County Metropolitan Organization (MPO) transportation plans, and further, does not fulfill the Request for Proposal for PPTA ofI-8l improvements; and WHEREAS, by the time the improvements described in either of the two proposals are completed, the increased capacity created will barely meet the projected traffic volumes for the forecast year. NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors for the County of Frederick, Virginia, hereby calls upon the federal, state and local govemment officials along the Interstate 81 corridor, from Harrisonburg, Pennsylvania to Chattanooga, Tennessee, to work cooperatively with the rail companies to develop an intermodal railroad; and BE IT FURTHER RESOLVED that the Board calls upon the Virginia Department of Transportation to seriously and objectively consider this option when developing a plan to deal to address the truck induced problems ofI-81. ADOPTED, this 22nd day of October, 2003. The above motion was approvcd by the following recorded vote: Richard C. Shickle - Aye Robert M. Sager - Aye Minute Book Number 29 Board of Supervisors Regular Meeting of 10/22/03 I 226 Sidney A. Reyes - Aye Gina A. Forrester - Aye W. Harrington Smith, Jr. - Aye Margaret B. Douglas - Aye Lynda J. Tyler - Aye BOARD OF SUPERVISORS COMMENTS No additional comments at this time. UPON MOTION MADE BY SUPERVISOR SMITH, SECONDED BY SUPERVISOR REYES, THERE BEING NO FURTHER BUSINESS TO COME BEFORE THIS BOARD, THIS MEETING IS HEREBY ADJOURNED. (TIME: 9:32 P.M.) ..... - \LSL-Q e-5L0----.Q.,o Richard C. Shickle Chairman, Board of Supervisors Minutes Prepared By: (1... ....1~ ~ ~ ~ Carol T. Bayliss Deputy Clerk, Board of Supervisors Minute Book Number 29 Board of Supervisors Regular Meeting of 10/22/03