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HomeMy WebLinkAboutFebruary 25, 2004 Regular Meeting 373 A Regular Meeting of the Frederick County Board of Supervisors was held on Wednesday, February 25, 2004, 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 Barbara E. Van Osten; Gary W. Dove; Bill M. Ewing; Gina A. Forrester; W. Harrington Smith, Jr., and Lynda J. Tyler. CALL TO ORDER Chairman Shickle called the meeting to order. INVOCATION In the absence of a minister, Chairman Shickle asked those present to observe a moment of silence. PLEDGE OF ALLEGIANCE Supervisor Smith led the Pledge of Allegiance. ADOPTION OF AGENDA - APPROVED AS AMENDED Administrator Riley advised that he one additional item to add to the agenda under Board of Supervisors Comments at the end ofthe meeting. Upon a motion by Supervisor Forrester, seconded by Supervisor Tyler, the agenda was approved as amended by the following recorded vote: Richard C. Shickle - Aye Barbara E. Van Osten - Aye Gary W. Dove - Aye Bill M. Ewing - Aye Gina A. Forrester - Aye W. Harrington Smith, Jr. - Aye Lynda 1. Tyler - Aye CONSENT AGENDA - APPROVED Administrator Riley suggested the following tabs for approval under the Consent Agenda: I. Request for Installation of "Watch for Children" Signs in the Chapel Hill Subdivision- TabC; 2. Proclamation Designating the Week of April 15-18, 2004 as KOVAR Weekend (Knights of Virginia Assistance for the Retarded) - Tab D; 3. Parks and Recreation Commission Report - Tab G; 4. Public Safety Committee Report - Tab H. Upon a motion by Supervisor Smith, seconded by Vice-Chairman Van Osten, the Consent Minute Book Number 29 Board of Supervisors Regular Meeting of 02/25/04 I 374 Agenda was approved by the following recorded vote: Richard C. Shickle - Aye Barbara E. Van Osten - Aye Gary W. Dove - Aye Bill M. Ewing - Aye Gina A. Forrester - Aye W. Harrington Smith, Jr. - Aye Lynda J. Tyler - Aye BOARD OF SUPERVISORS COMMENTS There were no Board comments at this time. MINUTES-APPROVED Upon a motion by Supervisor Tyler, seconded by Supervisor Forrester, the minutes from the February 6, 2004 Budget Worksession were approved by the following recorded vote: Richard C. Shickle - Aye Barbara E. Van Osten - Aye Gary W. Dove - Aye Bill M. Ewing - Aye Gina A. Forrester - Aye W. Harrington Smith, Jr. - Aye Lynda J. Tyler - Aye The Board received amended pages from the February 11,2004 minutes. Upon a motion by Supervisor Dove, seconded by Supervisor Tyler, the minutes from the February 11,2004 Regular Meeting were approved as amended by the following recorded vote: Richard C. Shickle - Aye Barbara E. Van Osten - Aye Gary W. Dove - Aye Bill M. Ewing - Aye Gina A. Forrester - Aye W. Harrington Smith, Jr. - Aye Lynda J. Tyler - Aye Chairman Shickle asked Administrator Riley about the proposal received from County Court Reporters to provide verbatim minute services to the Board. Administrator Riley recommended that the Board not pursue this service at the present time, in light of the cost and the upcoming budget situation, but keep it in mind for the future. Upon a motion by Supervisor Tyler, seconded by Supervisor Smith, the Board approved Administrator Riley's recommendation not to pursue the services of County Court Reporters at this time. The above motion was adopted by the following recorded vote: Richard C. Shickle - Aye Minute Book Number 29 Board of Supervisors Regular Meeting of 02/25/04 375 Barbara E. Van Osten - Aye Gary W. Dove - Aye Bill M. Ewing - Aye Gina A. Forrester - Aye W. Harrington Smith, Jr. - Aye Lynda J. Tyler - Aye COUNTY OFFICIALS LINDA HYRE, SECRETARY OF ELECTORAL BOARD, TO ADDRESS THE BOARD RE: UPDATE ON NEW VOTING MACHINES Electoral Board Secretary Linda Hyre, Electoral Board Vice-Chairman Rick Miller, and Registrar Mike Janow appeared before the Board to report on the DRE voting machine testing that occurred during the February loth Primary. Secretary Hyre thanked all three vendors that participated in the test - - ES&S, Sequoia, and Diebold. She reported that all three machines worked without fail and they had received 95% positive comments and 5% concerned/negative comments. Vice-Chairman Miller advised that the changes are mandated, the new machines are secure and private. He went on to say that some voters stated that they would like to have some type of paper trail or receipt showing their vote. Registrar Janow reiterated that this change was a mandate and not an option. He further stated that his office had been diligent in reviewing the HA V A requirements. Supervisor Dove asked Registrar Janow when he anticipated getting prices. Registrar Janow responded that he hoped to open negotiations with two companies soon, but he did not have a specific time period at this point. He concluded by saying that he needed 19 handicap accessible machines by November 4, 2004. Supervisor Ewing asked if the federal government could pay for one machine per precinct. Registrar Janow responded that there was some money available, but he was unsure of the amount or when it would be received. Supervisor Tyler asked ifthe County had the ability to do its own bidding or does the State hold the contract for those machines. Registrar Janow responded that the State has some contracts, but the County can move forward on its own as well. Vice-Chairman Van Osten asked how many machines are needed by 2006. Registrar Janow responded that HA V A (Help America Vote Act) requires 1 machine per 750 Minute Book Number 29 Board of Supervisors Regular Meeting of 02/25/04 376 registered voters; however, that might not be enough, so he is thinking one machine per 400-500 registered voters. Vice-Chairman Van Osten asked ifthese machines must be purchased at once or if they could be phased in. Registrar Janow responded that he was not allowed to do a phase in, but the vendors are willing to work with him on terms. Supervisor Smith asked about the retail cost of each machine. Registrar Janow responded between $3,000-$3,400 per machine. COMMITTEE APPOINTMENTS GREG CRAWFORD APPOINTED TO THE WINCHESTER-FREDERICK COUNTY TOURISM BOARD Upon amotion by Supervisor Tyler, seconded by Vice-Chairman Van Osten, Greg Crawford was appointed to the Winchester-Frederick County Tourism Board to fill the unexpired term of Kathalyn Allen as well as a full-term. This is a three year term. Said term will expire June 30, 2007. This is contingent upon like approval by the City of Winchester. The above motion was adopted by the following recorded vote: Richard C. Shickle - Aye Barbara E. Van Osten - Aye Gary W. Dove - Aye Bill M. Ewing - Aye Gina A. Forrester - Aye W. Harrington Smith, Jr. - Aye Lynda J. Tyler - Aye PAUL ANDERSON APPOINTED TO THE WINCHESTER REGIONAL AIRPORT AUTHORITY AS A FREDERICK COUNTY REPRESENTATIVE Upon a motion by Supervisor Smith, seconded by Vice-Chairman Van Osten, Paul Anderson was appointed to the Winchester Regional Airport Authority as a Frederick County Representative to fill the unexpired term of David C. Reichert as well as a full term. This is a four year term. Said term to expire June 30, 2008. The above motion was adopted by the following recorded vote: Richard C. Shickle - Aye Barbara E. Van Osten - Aye Gary W. Dove - Aye Bill M. Ewing - Aye Gina A. Forrester - Aye W. Harrington Smith, Jr. - Aye Lynda J. Tyler - Aye Minute Book Number 29 Board of Supervisors Regular Meeting of 02/25/04 377 RICHARD A. RUCKMAN REAPPOINTED TO FREDERICK COUNTY SANITATION AUTHORITY Upon a motion by Supervisor Tyler, seconded by Supervisor Dove, Richard A. Ruckman was re-appointed to serve on the Frederick County Sanitation Authority. This is a four year term. Said term to expire April 15, 2008. The above motion was adopted by the following recorded vote: Richard C. Shickle - Aye Barbara E. Van Osten - Aye Gary W. Dove - Aye Bill M. Ewing - Aye Gina A. Forrester - Aye W. Harrington Smith, Jf. - Aye Lynda J. Tyler - Aye TRANSPORTATION COMMITTEE APPOINTMENT OF STEPHENS CITY REPRESENTATIVE-POSTPONED The appointment of a representative from Stephens City to the Transportation Committee was postponed until the next meeting. REQUEST FORINST ALLATION OF "WATCH FOR CHILDREN" SIGNS IN THE CHAPEL HILL SUBDIVISION (RESOLUTION #044-04) - APPROVED UNDER CONSENT AGENDA WHEREAS, the 1997 Session of the Virginia Assembly amended the Code of Virginia adding Section 33.1-210.2 relating to the installation and maintenance of "signs alerting motorists that children may be at play nearby"; and WHEREAS, this act provides for the adoption of a resolution by the governing body of any county requesting the Virginia Department of Transportation to install and maintain this type of sign; and WHEREAS, the source of funding for the installation of this sign shall come out of the secondary road system construction allocation to the affected county. The costs of maintaining such sign shall be paid out of the secondary system maintenance allocation to the affected county; and WHEREAS, Bentley Avenue (Route 1368) and Shelby Court (Route 1369), are located in a residential area and is within the secondary road system and is a viable candidate for the "Watch for Children" signs; and BE IT THEREFORE RESOLVED, the Frederick County Board of Supervisors does hereby request that the Department of Transportation install "Watch for Children" signs specifically at Bentley Avenue (Route 1368), from Front Royal Pike (Route 522) to 0.29 miles east of Front Royal Pike (Route 522); and Shelby Court (Route 1369) from Bentley Avenue (Route 1368) to 0.09 miles northeast of Bentley Avenue (Route 1368). The signs should be placed in accordance with the provisions of Section 33.1-210.2 of the Code of Virginia. BE IT FURTHER RESOL VED, that a certified copy ofthis resolution be forwarded to the Resident Engineer for the Virginia Department of Transportation. ADOPTED, this 25th day of February, 2004. PROCLAMATION (#004-04) DESIGNATING THE WEEK OF APRIL 15-18.2004 Minute Book Number 29 Board of Supervisors Regular Meeting of 02/25/04 378 AS KOVAR WEEKEND (KNIGHTS OF VIRGINIA ASSISTANCE FOR THE RETARDED) - APPROVED UNDER CONSENT AGENDA WHEREAS, some of our most valued citizens, our retarded brother and sisters, are in need of help from their fellow citizens; and WHEREAS, the 10,000 Knights of Columbus in Virginia, in their charitable and patriotic role as sponsors ofKOV AR (The Knights of Virginia Assistance for the Retarded) have donated more than $7,SOO,000 since 1972 for allocations to 2S0 ongoing organizations effectively assisting the retarded; and WHEREAS, the efforts ofthe Winchester Council, Knights of Columbus have resulted in more than $460,000 in grants and interest free loans to the Northwestern Workshop, Grafton School, Robert E. Rose Memorial Foundation, Shenandoah Valley Community Residence, Heart Havens Home and the Association for Retarded Citizens of Winchester/Frederick County; and WHEREAS, in last year's KOY AR Weekend, Virginia Knights and their families raised over $SOO,OOO. NOW, THEREFORE, BE IT RESOLVED, that as Chairman of the Frederick County Board of Supervisors, I do proclaim April IS-April 18, 2004 as KOVAR WEEKEND in Frederick County and urge all citizens of the county to support this worthy cause. ADOPTED this 2Sth day of February, 2004. RESOLUTION (#045-04) URGING STATE LEGISLATORS TO APPROPRIATELY ADJUST THE COMMONWEALTH'S TAX STRUCTURE - APPROVED Administrator Riley read the following resolution: WHEREAS, the disparity between state-mandated services and the state funding to localities which are required to provide these services has continued to increase in recent years; and, WHEREAS, the effect of this growing disparity has been further compounded by the simultaneous imposition of additional restrictions on local government's ability to raise revenue; and, WHEREAS, the current financial crisis which the Commonwealth faces is in large part a foreseeable result of years of fiscally irresponsible efforts to avoid addressing the very real issue of an outdated and inadequate state tax structure; and, WHEREAS, the practice of avoiding the unpleasant and unpopular task of correcting this outdated tax structure by passing additional state-level responsibilities and commitments onto the backs oflocal government has reached the point where many local governments are forced to choose between annual real estate tax increases or cutting basic services which its residents expect and deserve. NOW, THEREFORE, BE IT RESOLVED, that the Frederick County Board of Supervisors does hereby implore our state-level representatives to responsibly address the fiscal challenges it faces by making long overdue adjustments to the Commonwealth's tax structure which will enable it to fully fund those programs and services which it has either mandated or committed to providing. Upon a motion by Supervisor Smith, seconded by Supervisor Forrester, the Board approved the resolution. Supervisor Tyler read V ACO Executive Committee points on tax restructuring in 2004: Minute Book Number 29 Board of Supervisors Regular Meeting of 02/25/04 379 - Any successful tax restructuring efforts should result in dedication of new state dollars for K-12 education. - Maintaining local control over local sources of revenue. - Honoring and strengthening historical funding commitments between the state and localities. - Recognizing that the reallocation of state responsibilities to localities will only be successful if accompanied by sufficient and reliable sources of revenue. - Supporting no net revenue loss for counties. - Assuring a broad, diverse and sound revenue base that will grown as the economy grows. - Acknowledging the Commonwealth's highly competitive business environment and ensuring that opportunities for new and expanding businesses are encouraged. - Ensuring that tax administration and enforcement do not absorb an unduly high percentage of total revenue. - Retaining Virginia's highly coveted AAA bond rating. - Lessening reliance by local govemment on property taxes through revenue diversification. She stated that this is something on the state's local governments' radar screens. Chairman Shickle stated that every time the State holds the line on taxes and pulls programs the result is higher real estate taxes, which the citizens of Frederick County do not deserve. The above resolution was adopted by the following recorded vote: Richard C. Shickle - Aye Barbara E. Van Osten - Aye Gary W. Dove - Aye Bill M. Ewing - Aye Gina A. Forrester - Aye W. Harrington Smith, Jr. - Aye Lynda J. Tyler - Aye REOUEST FROM PUBLIC WORKS DIRECTOR FOR PURCHASE OF PROPERTY FOR THE LANDFILL - DEFERRED Administrator Riley advised that this was a request from the Public Works Director to purchase real property adjoining the landfill property on Sulfur Springs Road. He stated that the purchase price is $66,000 and a $1 ,000 deposit has been placed in escrow. Settlement will take place on March 15th. A separate budget line item (1242-04-8700) has been established for this purchase and the County will transfer $66,000 into this line item. He concluded by saying that the Public Works Director was seeking the Board's approval of the purchase contract. Supervisor Dove asked how the property would be used. Administrator Riley responded that the property would be used to provide better site distance from and easier access into the landfill. It will also allow a deceleration lane to be constructed. Chairman Shickle asked about the Notice to Buyer listed under the Residential Property Disclaimer Statement on page 4 of the contract. He wanted to know why it was there. Attorney Ambrogi responded that he had not seen that before and was not aware of any new Minute Book Number 29 Board of Supervisors Regular Meeting of 02/25/04 380 statutory requirements. Chairman Shickle was also concerned about the language on page six concerning potential County responsibility for any liens filed against the property after the date of settlement. He went on to say that he would like to have a legal review of the entire document. Director Strawsnyder advised the Board that Attorney Bob Mitchell had prepared this document on behalf of the Board. After further discussion, Administrator Riley recommended that the Board defer action on this request. Upon a motion by Supervisor Tyler, seconded by Vice-Chairman Van Osten, the Board deferred this request until its next regular meeting. The above motion was adopted by the following recorded vote: Richard C. Shickle - Aye Barbara E. Van Osten - Aye Gary W. Dove - Aye Bill M. Ewing - Aye Gina A. Forrester - Aye W. Harrington Smith, Jr. - Aye Lynda J. Tyler - Aye COMMITTEE REPORTS PARKS AND RECREATION COMMISSION - APPROVED UNDER CONSENT AGENDA The Parks and Recreation Commission met on February 17, 2004. Members present were: Charles Sandy, Clarence Haymaker, Steven White, Robert Hartman, Victoria Keelon, Ronald Madagan, P. W. Hillyard, III, Michael Ruddy. Submitted for Board Information Only: 1. Work Prol:!ram - Mr. Hartman moved to accept the Department's 2004-05 Work Program, second by Mr. White, carried unanimously (8-0). 2. Committee Appointments - Mr. Sandy appointed the following to serve during 2004: Finance: Steven White, Chairman Michael Ruddy Jim Doran, Staff Capital Improvements/ Building and Grounds: Victoria Keelon, Chairman Ronald Madagan Matthew Hott, Staff Public Relations: Victoria Keelon, Chairman New Member (At-Large) Karen Vecchio, Staff Minute Book Number 29 Board of Supervisors Regular Meeting of 02/25/04 381 Executive: Charles Sandy Robert Hartman James Doran, Staff Appeals Committee: Robert Hartman, Chairman P. W. Hillyard, III Alternate: Charles Sandy Jason Robertson, Staff 3. Buildines and Grounds Committee - Mrs. Keelon moved that funds earmarked for renovation of Senseny Road tennis courts be used instead to install lighting at Clearbrook Park and to resurface the ballfield parking lot, second by Mr. Hartman, carried unanimously (8-0). The recently signed Cooperative Use Agreement would allow the Department to use tennis courts at Millbrook High School. The Committee also recommended that the staff meet with the School Board to determine what should be done with the tennis courts at Senseny Road School. PUBLIC SAFETY COMMITTEE - APPROVED UNDER CONSENT AGENDA The Frederick County Public Safety Committee met Thursday, February 5, 2004. Committee members present were: Committee Chair Barbara Van Osten, County Administrator John Riley, Sheriff Robert Williamson, Frederick County Fire & Rescue Director Gary DuBrueler, LeeAnna Pyles, James Hockman, Michael Hockman, Helen Lake, and Gary Dove. The following items were discussed: ***Items Not Requiring Action*** 1. Proposed Public Safety Buildin{! Northrup Grumman presented a proposal to the committee in the fall of2003. Due to a lack of quorum the committee resubmitted a proposal on December 12, 2003. This proposal will go before the Public Works Committee on February 24,2004. The committee is invited to attend and review this proposal. 2. Past Aeenda Items Update Fire Prevention Code Update - This has not been completed at this time. Delay due to the ordinance is the International Fire Code was not approved until October of2003. At this time we are waiting to be placed on the agenda with the Code and Ordinance Committee. Connection between City of Winchester and Frederick County Communications Center - The City of Winchester can dispatch from our location. Frederick County does have the ability to run our phone lines into the City of Winchester to give us the ability to dispatch from there. Tower Update - All towers are up and functioning at this time. There is an approximate balance of $20,000.00, which will be used for work which still needs to be done. Connection of Fire Station and Wireless Network - Not completed at this time. A local vendor promised to complete this for free but has not come through. This could be completed through the ITS project Gary DuBrueler is working with at this time. 3. Functions of Committee The addition ofF ire & Rescue Department will be added to the description. Much discussion went into the updating of the overall description of the Public Safety Committee. A large scale exercise is in planning for activating the Emergency Operations Center. This Minute Book Number 29 Board of Supervisors Regular Meeting of 02/25/04 382 exercise is to be held before July 2004. This will help in setting all functions for each division of the Emergency Operations Center. The Center has been activated in the past for such things as weather related issues. A review of all players and their responsibilities within this operation were identified. 4. House Bill 1482 This bill now exempts black powder or smokeless powder from regulations. In subcommittee fireworks have been added to this bill. This means the Fire & Rescue Department cannot regulate these items ifthis bill passes. This black powder is used in most pipe bombs. Mr. Riley was asked to contact Ms. Sherwood to request a vote of no or limit the amounts to 5 lbs. 5. Homeland Security Grant The second half grant has been received. This will be used for first responder preparedness allocations for equipment. Looking into providing a microwave link system for the phone lines between the tower sites and communications, estimated cost is $200,000.00. This has not been placed out for bids yet. 6. Meetinl! Date The next meeting of the Public Safety Committee will be held during the Public Works Committee on February 24,2004. Beginning in April the meetings will be held the first Thursday of each month. PUBLIC WORKS COMMITTEE - APPROVED The Public Works Committee met on Tuesday, February 10,2004 at 8:00 a.m. All members were present. The following items were discussed: ***ltems Requiring Action*** 1. Environmental Policv Statement - Approved The committee reviewed an environmental policy statement proposed by the environmental management system team for Frederick County. The attached memorandum dated February 4,2004, explains the importance of this environmental program and presents the policy statement to be adopted by the Board of Supervisors. A motion was made by George Ludwig and seconded by Jim Wilson to endorse this policy statement and forward it to the board for consideration and adoption. The motion was unanimously approved by the committee. Upon a motion by Supervisor Tyler, seconded by Supervisor Forrester, the Board approved the following Environmental Policy Statement: The County of Frederick, Virginia, is committed to the protection ofthe environment for present and future generations. Each employee shall be empowered with the resources necessary to act as good stewards of the environment while maintaining quality services. Frederick County will accomplish this objective by implementing the following: 1. Strive to meet or exceed environmental standards as defined by applicable laws and regulations. 2. Continually improve the county's environmental management system through monitoring, Minute Book Number 29 Board of Supervisors Regular Meeting of 02/25/04 383 evaluation and periodic review of environmental objectives and targets. 3. Practice the policies of pollution prevention. 4. Educate and train employees for enhanced environmental performance. 5. Encourage, facilitate and increase citizen awareness and involvement in efforts to protect the environment. 6. Document, implement and maintain this policy statement. We recognize the importance of our environment and will be responsive to the public and our employees on all environmental issues and concerns. The above motion was adopted by the following recorded vote: Richard C. Shickle - Aye Barbara E. Van Osten - Aye Gary W. Dove - Aye Bill M. Ewing - Aye Gina A. Forrester - Aye W. Harrington Smith, Jr. - Aye Lynda J. Tyler - Aye ***Items Not Requiring Action*** 1. Orientation The Director of Public Works introduced key staff members to the new public works committee. In addition, the director provided a brief overview of the responsibilities of the public works department. 2. Review PPEA Submittals for a Public Safety Buildinl!: and a Proposed Aquatics Center Unsolicited proposals have been received for the design and construction of a public safety building and an aquatics center. Copies ofthese proposals were provided to the committee for their review. In addition, John R. Riley, Jr. presented a brief overview of the PPEA process. No action was taken at this time. Detailed presentations will be made at the next scheduled meeting on February 24, 2004, by the Shockey Company for the aquatics center and Northrop-Grumman for the public safety building. The committee will make a recommendation to the Board after evaluating these presentations. 3. Miscellaneous ReDorts a) Tonnage Report (see Attachment 2) b) Recycling Report (see Attachement 3) c) Animal Shelter Dog Report (see Attachment 4) d) Animal Shelter Cat Report (see Attachment 5) FINANCE COMMITTEE REPORT - APPROVED The Finance Committee met in the First Floor Conference Room at 107 North Kent Street on February 18,2004 at 10:00 a.m. Items 3, 4 and 5 were approved under consent agenda. Upon a motion by Supervisor Smith, seconded by Supervisor Forrester, the Board approved items 3, 4, & 5 under consent agenda. Minute Book Number 29 Board of Supervisors Regular Meeting of 02/25/04 384 The above motion was adopted by the following recorded vote: Richard C. Shickle - Aye Barbara E. Van Osten - Aye Gary W. Dove - Aye Bill M. Ewing - Aye Gina A. Forrester - Aye W. Harrington Smith, JI. - Aye Lynda J. Tyler - Aye 1. The County Administrator requests General Fund budget transfers in the amount of $290,000. This amount is needed for the design of a new animal shelter, purchase of a new phone system and a vehicle. No additional local funds are needed. See attached memo, p. 1. The committee recommends approval. - Approved. Upon a motion by Supervisor Smith, seconded by Supervisor Forrester, the Board approved the above request by the following recorded vote: Richard C. Shickle - Aye Barbara E. Van Osten - Aye Gary W. Dove - Aye Bill M. Ewing - Aye Gina A. Forrester - Aye W. Harrington Smith, Jr. - Aye Lynda J. Tyler - Aye 2. The Director ofthe 26th District Court Service Unit requests a General Fund supplemental appropriation in the amount of$11.841.1 O. This amount represents unspent grant funds that need to be returned to the state. The delay for the request was a result of vacancy in positions. Additional local funds are necessary. See attached memo, p. 2. The committee recommends approval. - Approved. Upon a motion by Supervisor Smith, seconded by Supervisor Forrester, the Board approved the above request by the following recorded vote: Richard C. Shickle - Aye Barbara E. Van Osten - Aye Gary W. Dove - Aye Bill M. Ewing - Aye Gina A. Forrester - Aye W. Harrington Smith, Jr. - Aye Lynda J. Tyler - Aye 3. The Sheriff requests a General Fund supplemental appropriation in the amount of $5.075.08. This amount represents an insurance reimbursement and is requested to be appropriated to 3102-3004-000-002 Repair and Maintenance - Vehicle. No additional local funds are needed. See attached memo, p. 3. The committee recommends approval.- Approved Under Consent Agenda. 4. The Sheriff requests a General Fund supplemental appropriation in the amount of $676.64 from drug forfeitures. It is requested that these funds be appropriated to 3102-5413-000- 007 Forfeited Property - Surplus. No additional local funds are needed. See attached memo, p. 4-7. The committee recommends approval. - Approved Under Consent Agenda. 5. The Sheriff requests a General Fund supplemental appropriation in the amount of $2.759.50. This amount represents D.A.R.E. donations and is requested to be appropriated to 3102- 5413-000-001 Drug Program. No additional local funds are needed. See attached memo, p. 8-9. Minute Book Number 29 Board of Supervisors Regular Meeting of 02125/04 385 The committee recommends approval. - Approved Under Consent Agenda. 6. The Superintendent for the Regional Jail requests a Regional Jail suoolemental aoorooriation in the amount of $8.995. This amount represents additional Compensation Board funding towards the purchase of fingerprint equipment. The Superintendent also requests a Regional Jail budget transfer in the amount of $4.236 to purchase the equipment. See attached memo, p. 10. The committee recommends approval. - Approved. Upon a motion by Supervisor Smith, seconded by Supervisor Forrester, the Board approved the above request by the following recorded vote: Richard C. Shickle - Aye Barbara E. Van Osten - Aye Gary W. Dove - Aye Bill M. Ewing - Aye Gina A. Forrester - Aye W. Harrington Smith, Jr. - Aye Lynda J. Tyler - Aye 7. The Superintendent for the Regional Jail requests a Regional Jail budget transfer in the amount of $10.000. This amount represents emergency repairs to the facility's boiler and kitchen floor. No additional local funds are needed. See attached memo, p. 11. The committee recommends approval. - Approved. Upon a motion by Supervisor Smith, seconded by Supervisor Forrester, the Board approved the above request by the following recorded vote: Richard C. Shickle - Aye Barbara E. Van Osten - Aye Gary W. Dove - Aye Bill M. Ewing - Aye Gina A. Forrester - Aye W. Harrington Smith, Jr. - Aye Lynda J. Tyler - Aye 8. The Public Works Director requests the addition of a new cellular ohone for the recently hired Solid Waste Coordinator. No additional local funds are needed. See attached memo, p. 12. The committee recommends approval. - Approved. Upon a motion by Supervisor Smith, seconded by Supervisor Forrester, the Board approved the above request by the following recorded vote: Richard C. Shickle - Aye Barbara E. Van Osten - Aye Gary W. Dove - Aye Bill M. Ewing - Aye Gina A. Forrester - Aye W. Harrington Smith, Jr. - Aye Lynda J. Tyler - Aye 9. The County Administrator requested permission to add to the agenda a General Fund budget transfer from the ooerational contingencv in the amount of $3.000. This amount represents an increase in donation amount due to a change in status for Gore Rescue Squad from Shock-Trauma to ALS. See attached copy, p. 13. The committee did not vote on this item. - Approved. Upon a motion by Supervisor Smith, seconded by Supervisor Forrester, the Board approved Minute Book Number 29 Board of Supervisors Regular Meeting of 02/25/04 386 the above request by the following recorded vote: Richard C. Shickle - Aye Barbara E. Van Osten - Aye Gary W. Dove - Aye Bill M. Ewing - Aye Gina A. Forrester - Aye W. Harrington Smith, Jr. - Aye Lynda J. Tyler - Aye 10. The School Finance Director requests a School Construction Fund sUPl'lemental appropriation in the amount of$300.000. This amount represents funds needed to purchase two pre- engineered structures each holding four classrooms. This item was forwarded to the Board without a recommendation awaiting information from the school board regarding lease/purchase vs. outright purchase of these units. See attached memo, p. 14. - Approved. Upon a motion by Supervisor Smith, seconded by Supervisor Forrester, the Board approved the above request by the following recorded vote: Richard C. Shickle - Aye Barbara E. Van Osten - Aye Gary W. Dove - Nay Bill M. Ewing - Aye Gina A. Forrester - Aye W. Harrington Smith, Jr. - Aye Lynda J. Tyler - Aye 11. The Treasurer brought up several issues for the consideration ofthe Finance Committee: . Concern with hand-carried items brought to the Finance Committee, especially when involving new money. The Treasurer thought more time was needed by the committee to consider these types of requests. . Supplemental appropriations should not be continued throughout the course ofthe year. · Concern that the school system's Capital Improvement Plan is approved without the Finance Committee's approval or input allowing for bond proceeds to be approved and rolled over into following years. 12. As requested in October, Frederick County Fiscal Agent Costs are included for your review. See attached table, p. 15. The committee requested that this table be forwarded to the governing bodies involved for distribution to all members of the governing bodies. ***For Information Only*** The Finance Director provided a report on fund balance. See attached memo, p. 16-17. PLANNING COMMISSION BUSINESS PUBLIC HEARING PUBLIC HEARING - (RESOLUTION #046-04 AND #047-04) - FISCAL YEAR 2003- 2004 SUPPLEMENTAL AND FISCAL YEAR 2004-200 REVENUE SHARING FUNDS. FOR STATE FUNDS TO MATCH LOCAL FUNDS FORA NEW TRAFFIC LIGHT AT THE INTERSECTION OF GREENWOOD ROAD (ROUTE 656) AND VALLEY MILL ROAD (ROUTE 659); A NEW TRAFFIC AND TURN LANES AT THE INTERSECTION OF FAIRFAX PIKE (ROUTE 277) AND STICKLEY DRIVE (ROUTE 1085); AND CONSTRUCTION OF INVERLEE WAY FROM THE Minute Book Number 29 Board of Supervisors Regular Meeting of 02125/04 387 NORTHEAST PORTION OF THE RAVENS SUBDIVISION TO SENSENY ROAD (ROUTE 657) INCLUDING A TRAFFIC LIGHT AND TURN LANES AT THE INTERSECTION WITH SENSENY ROAD (ROUTE 657) Planner I Camp appeared before the Board on behalf of this item. He explained that each year the State of Virginia accepts applications for the revenue sharing fund program. He advised that localities can obtain matching funds to be used for traffic related causes. Planner I Camp stated that Southern Hills has proffered $100,000 towards the cost of the light at the intersection of Route 277 and Stickley Drive. The County is applying for $500,000 to be used for the construction ofInverlee Way, with matching funds to come from developers. He advised that with regard to Inverlee Way, staff would have to work with VDOT on a location for the connector road. Planner I Camp concluded by saying that the Board would not spend any money tonight, but Board approval would allow the application to be submitted. Supervisor Ewing asked if there were any other proposed rezonings that have proffered money to these various projects. Planner I Camp responded that Southern Hills has proffered $100,000 towards the light at Stickley Drive and Fairfax Pike. Director Lawrence advised that a rezoning for the Racey tract has been submitted and if it gains approval then those funds would be available. Supervisor Dove asked if any tax dollars would be expended on these projects. Planner I Camp responded that the plan was for developers to pay the County's share. He concluded by saying that there were no concrete plans regarding the proposed location of the connector road (Inverlee Way). Chairman Shickle opened the public hearing. Susan Ambrose, Red Bud District and owner of Carpers Farm on Senseny Road, appeared before the Board. She advised that she had been here four years ago addressing the same issue (i.e. the location ofInverlee Way). She stated that she had met with representatives from the Planning Department and VDOT and advised that she had a copy of a master development plan showing the location of Inverlee Way. This proposed location would follow the western boundary of their property and she was told would only be used in the event her family decided to develop their property or ifthe property was condemned. She went on to say that "we are strongly opposed to any plans for the road to go through us." She went on to ask why the County was applying for revenue Minute Book Number 29 Board of Supervisors Regular Meetiug of 02/25/04 388 sharing funds and stated that neither she nor her family were notified of this public hearing. She concluded by saying that their property was just one of the alternatives being considered and they were strongly opposed. There being no further public comments, Chairman Shickle closed the public hearing. Supervisor Forrester asked for a copy ofthe documents which Ms. Ambrose referenced in her remarks. Ms. Ambrose provided a copy and advised that it spoke of two alternatives. Alternative "A" would minimize the impact to her property by following the western property line. Alternative "B" would go through her property. Supervisor Tyler stated that she was concerned thatthe landowners were not given notice and she wanted to know how it was handled. Planner I Camp responded that normally public hearings are not held for this type of application; however, in discussions with VDOT, it was determined that a public hearing would be appropriate. He went on to say that there was no adj acent property owner information provided for notice purposes.. Director Lawrence advised the Board that it would take the County a couple of years to get through the process and obtain the funding for these projects. He went on to say that the County does not want to pay for road improvements, but wants to access VDOT funds to cover these costs. He went on to say that, at this point, the target project is the construction ofInverlee Way; however, ifthe Board chooses another project then staff could work with VDOT to transfer the approved funds to an alternate project. Vice-Chairman Van Osten asked how much flexibility VDOT had with regard to transferring funds to between projects. Engineer Copp responded that VDOT would approve the application as written and then the Board would have to pass a resolution and write a letter transferring the funds to the alternative project. He went on to say that his office has done this quite a bit in Shenandoah County; however, if the project relates to a primary road then approval must be received from the Commonwealth Transportation Board. He concluded by saying that the flexibility was there. Supervisor Smith asked what the Board would be committing to by passing this resolution. Director Lawrence responded that the County is requesting $400,000 in matching funds for Minute Book Number 29 Board of Supervisors Regular Meeting of 02/25/04 389 the FY 2004-05 application and ifthey are received the County would go into the rotation for next year's funding. Supervisor Dove stated that he thought this was a great idea and at the very least the Board could get a commitment from VDOT for the funding. Supervisor Tyler was concerned how the County could work with landowners and the County's needs without harming viable farms. Director Lawrence responded that the County identified a need for better transportation and then developed major projects. We are now applying for funding and the Inverlee Way project is the easiest project for which to obtain funding. He concluded by saying that staffwants to work with all property owners; however, they did not want to miss an opportunity to obtain funding. Ms. Ambrose stated that she would fight to the end to keep this road off of her property. She stated that she understood there were other alternatives and she hoped the Board would look at alternate routes rather than using their property; however, if there was no choice but to use their property then the road should be kept on the western boundary. Upon a motion by Supervisor Forrester, seconded by Vice-Chairman Van Osten, the Board approved the application for funding and desired to uphold the terms that have been laid out to the Carper family and the Carper property when construction begins. RESOLUTION (#046-04) OF SUPPORT FREDERICK COUNTY BOARD OF SUPEVISORS "REVENUE SHARING PROGRAM" FOR FISCAL YEAR 2003-2004, SUPPLEMENTAL WHEREAS, the County of Frederick desires to submit an application for and allocation of funds of up to $75,000 through the Virginia Department of Transportation , Fiscal Year 2003-2004, Supplemental Revenue Sharing Program; and, WHEREAS, the full amount of these funds is requested for a new traffic light at the intersection of Greenwood Road (Route 656) and Valley Mill Road (Route 659); and NOW, THEREFORE, BE IT ORDAINED, the Frederick County Board of Supervisors supports this application for an allocation of up to $75,000 through the Virginia Department of Transportation "Revenue Sharing Program". ADOPTED this 25th day of February, 2004. RESOLUTION (#047-04) OF SUPPORT FREDERICK COUNTY BOARD OF SUPEVISORS "REVENUE SHARING PROGRAM" FOR FISCAL YEAR 2004-2005 WHEREAS, the County of Frederick desires to submit an application for and allocation of funds up to $500,000 through the Virginia Department of Transportation Fiscal Year 2004-2005, Minute Book Number 29 Board of Supervisors Regular Meeting of 02/25/04 390 Revenue Sharing Program; and, WHEREAS, $100,000 of these funds is requested for a new traffic light and turn lanes at the intersection of Fairfax Pike (Route 277) and Stickley Drive (Route 1085); and $400,000 ofthese funds are requested to begin funding for the construction ofInverlee Way, a new public road, from the northern portion ofthe Ravens Subdivision, located off of Millwood Pike (Route 50), to Senseny Road (Route 657) with a new traffic light and turn lanes at Senseny Road (Route 657); and, NOW, THEREFORE, BE IT ORDAINED, the Frederick County Board of Supervisors supports this application for an allocation of up to $500,000 through the Virginia Department of Transportation "Revenue Sharing Program". ADOPTED this 25th day of February 2004. The above motion was adopted by the following recorded vote: Richard C. Shickle - Aye Barbara E. Van Osten - Aye Gary W. Dove - Aye Bill M. Ewing - Aye Gina A. Forrester - Aye W. Harrington Smith, Jr. - Aye Lynda 1. Tyler - Aye PUBLIC HEARING - 2004-2005 CAPITAL IMPROVEMENTS PLAN (CIP). THE CIP IS A PRIORITIZED LIST OF CAPITAL PROJECTS REOUESTED BY VARIOUS COUNTY AGENCIES TO BE REVIEWED FOR POTENTIAL ALLOCATION IN THE ENSUING FIVE-YEAR PERIOD. THE PLAN IS CREATED AS AN INFORMATION DOCUMENT TO ASSIST IN THE DEVELOPMENT OF THE COUNTY'S ANNUAL BUDGET. THE CIP IS AN ADVISORY DOCUMENT: PROJECTS ARE NOT NECESSARILY FUNDED BECAUSE OF THEIR INCLUSION IN THE 2004-2005 CIP. - APPROVED Director Lawrence appeared before the Board on behalf of this item. He advised that staff presented the draft 2004-2005 CIP to the Board at its January meeting and was directed to take it to a public hearing. This year's plan contains 33 projects estimated at $73,000,000 over the next five years, with a $15,000,000 increase over last year. He stated that the Planning Commission endorsed the CIP for next year. Chairman Shickle convened the public hearing on this item. There being no public comments, Chairman Shickle closed the public hearing. Upon a motion by Supervisor Smith, seconded by Supervisor Forrester, the Board approved the 2004-2005 Capital Improvements Plan as presented. The above motion was adopted by the following recorded vote: Richard C. Shickle - Aye Barbara E. Van Osten - Aye Gary W. Dove - Aye Bill M. Ewing - Aye Gina A. Forrester - Aye W. Harrington Smith, Jr. - Aye Minute Book Number 29 Board of Supervisors Regular Meeting of 02/25/04 391 Lynda J. Tyler - Aye PUBLIC HEARING - PROPOSED AMENDMENT TO THE FREDERICK COUNTY. CHAPTER 165. ZONING ORDINANCE. ARTICLE IV. RP RESIDENTIAL PERFORMANCE DISTRICT; SECTION 165-65. DIMENSIONAL REOUlREMENTS; BY THE ADDITION OF PARAGRAPH P. PIPE STEM LOTS; AND SECTION 165-156. DEFINITIONS - REFERRED BACK TO PLANNING COMMISSION FOR FURTHER STUDY Planner I Cheran appeared before the Board on behalf of this item. He advised that these are proposed amendments to the Zoning Ordinance regarding pipestem lots and that the proposed ordinance was recommended by the Development Review and Regulations Subcommittee. He stated that the Planning Commission held a public hearing on this item at its February 4,2004 meeting and unanimously approved the amendments to be forwarded to the Board for a public hearing. He concluded by saying that he would be glad to answer any questions regarding these amendments and introduced Mark Smith, Greenway Engineering, who was also present to answer any questions. Supervisor Tyler asked if the setbacks had increased. Planner I Cheran responded yes and advised that another change was in the road frontage requirements from 18 to 20 feet. Supervisor Dove stated that Development Review and Regulations Subcommittee did a great job and this showed how the public and private sectors could work together. Chairman Shickle asked about the true intent of this proposed change. Mr. Smith responded that the subcommittee wanted to capture the true density of the UDA as well as capture some good usable ground that was not being done now. Chairman Shickle asked i fthese pipestem lots would be considered premium or discount lots. Mr. Smith responded they could be considered either depending on the purchaser. He also stated that the 5% maximum for the total number of pipe stem lots per development was a reasonable number. Chairman Shickle asked if this amendment would be a good idea should the Board start seeing pipestem lots as a repetitive means of maximizing profit. Mr. Smith responded that if a development did not have the area to capture then it would not be a good idea to utilize pipestem lots. Vice-Chairman Van Osten asked if this type of lot could be utilized in the rural areas. Mr. Smith responded that it could only be utilized in the UDA. Minute Book Number 29 Board of Supervisors Regular Meeting of 02125/04 392 Director Lawrence clarified that the regulation applies only to the RP Residential Performance district. Supervisor Tyler stated that she did not think that pipestem lots would be premium lots because they would not be as appealing due to the front yards facing/adjoining the rear yards of other houses. Mr. Smith responded that land planning has "raised the bar" and now better designs for these lots were being seen. He went on to say that pipestem lots would be a premium lot ifthey were laid out properly. He encouraged the Board to allow the design community to use this item as a tool in the tool box for UDA design. Vice-Chairman Van Osten stated that these lots are mostly seen on cul-de-sacs. She asked Mr. Smith ifhe could envision pipestem lots on straight aways. Mr. Smith responded yes, but that would depend on the topography of the property. Mr. Smith went on to say that if the Board did not feel comfortable with regulations as written, he suggested adding some type of text sating that pipestem lots may be utilized in areas where the topography would permit their use. Director Lawrence informed the Board that at the master development plan stage, staff would not see a pipestem lot; however, a caveat could be added to this proposed ordinance stating that if pipestem lots are sought then they applicant must receive approval from the Board. Supervisor Dove stated that this was a planning tool and if it did not work then the Board would not see pipestem lots. Supervisor Ewing asked if the Fire Departments have signed off on this proposal. Director Lawrence responded that the Fire Marshal has not commented on this amendment, but staff could talk to Fire & Rescue if it was the Board's desire. Chairman Shickle convened the public hearing. Mark Smith, Greenway Engineering, stated that lot layout and subdivision plans are reviewed by the Fire Marshal, VDOT, and Public Works and any proposed pipestem lots would be reviewed at that time. He went on to say that other jurisdictions utilize pipestem lots and he would hate to see it the ordinance be denied over this issue. Vince MacGregor, Back Creek District, asked what the real estate performance history of pipestem lots was in other jurisdictions. Minute Book Number 29 Board of Supervisors Regular Meeting of 02/25/04 393 There being no further public comments, Chairman Shickle closed the public hearing. Supervisor Dove moved for approval ofthe proposed Zoning Ordinance amendments. The motion was seconded by Vice-Chairman Van Osten. Supervisor Ewing stated that he was not opposed to pipestem lots, but he would be more comfortable ifhe had the Fire Marshal's response. Supervisor Tyler asked ifthere was a maximum driveway length for a pipestem lot. Director Lawrence advised that there was no maximum driveway length. Planner I Cheran stated that the ordinance as written, it does not limit the driveway length. Supervisor Forrester stated that she would prefer to see smaller lots rather than pipestem lots, because she feels pipestem lots detract from the quality of life. Vice-Chairman Van Osten asked if planning staff would have the option ofturning down an application if the driveway is too long. Director Lawrence responded that a plan could not be turned down as long as it meets the ordinance requirements. After further discussion, the motion to approve was defeated by the following recorded vote: Richard C. Shickle - Nay Barbara E. Van Osten - Nay Gary W. Dove - Aye Bill M. Ewing - Nay Gina A. Forrester - Nay W. Harrington Smith, Jr. - Nay Lynda J. Tyler - Nay Upon a motion by Vice-Chairman Van Osten, seconded by Supervisor Forrester, the Board referred this item back to the Planning Commission for more study. The above motion was approved by the following recorded vote: Richard C. Shickle - Aye Barbara E. Van Osten - Aye Gary W. Dove - Nay Bill M. Ewing - Aye Gina A. Forrester - Aye W. Harrington Smith, Jr. - Aye Lynda J. Tyler - Aye OTHER PLANNING ITEMS COMPREHENSIVE POLICY PLAN AMENDMENT PROCESS - APPROVED Director Lawrence appeared before the Board on behalf ofthis item. He stated that this was a follow up to the Planning Commission retreat. He advised that staff was trying to establish a yearly Minute Book Number 29 Board of Supervisors Regular Meeting of 02/25/04 394 program to consider all citizen requests for comprehensive plan amendments. The Board would select the requests with merit and direct staff to work on them. He further advised that staff had developed a protocol and application in which the burden of gathering the pertinent information would fall on the applicant rather than staff and he would like the Board to consider adopting it. He went on to say that staff is considering a $2,000 review fee for comprehensive plan amendments. Director Lawrence concluded by saying that engineers feel the policy is good for them because it would give them a time line in which to work on their particular projects. Chairman Shickle asked how the fee would work. Director Lawrence responded that the applicants would be required to submit an application and accompanying fee by June I st. A committee would review the applications and bring a recommendation to the Board. The fee could be returned to those applicants whose projects are not found to be worthy of consideration; however, if a project goes through the process and receives approval or gets denied, the fee would not be refunded because those monies would have been expended for advertising, etc. Supervisor Tyler complimented staff and stated it was important to review this plan annually and she thought this process would be better for the Board. Supervisor Smith asked what was the current charge for this service. Director Lawrence responded there was not a fee at the present time. Chairman Shickle asked ifthe County was getting to the point where a landowner must have professional assistance in order to change their property from the Comprehensive Plan designation. Director Lawrence responded no. Chairman Shickle advised it looks like we are getting close. Director Lawrence explained that this was an in-house procedure. Vice-Chairman Van Osten advised that she thought this was well developed and responded to the discussion at the retreat. Upon a motion by Supervisor Tyler, seconded by Vice-Chairman Van Osten, the Board approved the Comprehensive Plan Amendment Policy. The above motion was approved by the following recorded vote: Richard C. Shickle - Aye Barbara E. Van Osten - Aye Gary W. Dove - Aye Minute Book Number 29 Board of Supervisors Regular Meeting of 02/25/04 395 Bill M. Ewing - Aye Gina A. Forrester - Aye W. Harrington Smith, Ir. - Aye Lynda J. Tyler - Aye BOARD LIAISON REPORTS There were no Board liaison reports. CITIZEN COMMENTS There were no citizen comments. BOARD COMMENTS Vice-Chairman Van Osten asked about the dates for the Rural Areas Land Use Plan meetings. Director Lawrence responded that staff was preparing to promote these meetings in April. The dates are April 12, 13, 15,20, & 22 at 7:00 PM. He went on to say that staff would be soliciting citizen participation through newspaper ads and the County web page. Supervisor Van Osten reported on her attendance at the Farm Bureau meeting. Chairman Shickle asked Deputy Clerk Carol Bayliss to come to the podium. He then presented her with the following resolution of appreciation as she will be retiring March 4,2004 after 30 years with the County: RESOLUTION (#048-04) IN APPRECIATION OF CAROL T. BAYLISS RESOLUTION IN APPRECIATION OF CAROL T. BAYLISS WHEREAS, Carol T. Bayliss began employment with the Frederick County Government as a Clerk Typist on April 8, 1974; and, WHEREAS, as a result of her demonstrated professional skills and exemplary work ethic, Mrs. Bayliss soon rose to the position of Office Manager and Deputy Clerk to the Frederick County Board of Supervisors; and, WHEREAS, throughout her career with the County Administration office, Mrs. Bayliss continually set a high standard for professional conduct and demonstrated a thorough understanding of the principle that the primary role of a public employee is to assist the public; and, WHEREAS, in her role as Deputy Clerk to the Board of Supervisors, she faithfully served the Board, exhibiting ceaseless energy, a keen attention to detail, and an endless drive for perfection. Mrs. Bayliss consistently displayed a willingness to go above and beyond to see that the task at hand, regardless of complexity, was completed in a timely and efficient manner. NOW, THEREFORE, BE IT RESOLVED, that the Frederick County Board of Supervisors does hereby express its heartfelt gratitude and appreciation to Mrs. Bayliss for her thirty years of exemplary service to the Board of Supervisors, her fellow County employees, and the citizens of Frederick County. Minute Book Number 29 Board of Supervisors Regular Meeting of 02/25/04 396 Adopted this 25th day of February, 2004. ADJOURN UPON A MOTION BY VICE-CHAIRMAN VAN OSTEN, SECONDED BY SUPERVISOR SMITH, THERE BEING NO FURTHER BUSINESS TO COME BEFORE THIS BOARD, THIS MEETING IS HEREBY ADJOURNED. (TIME 9:30 P.M.) " ~~ John . Riley, Jr. . Clerk, Board of Supervisors \LiL~ c.X...Y-__.-Q _>--- Richard C. Shickle Chairman, Board of Supervisors Minutes Prepared By: (~ . r'--1,1~ Jay . W,bs Deputy Clerk, Board of Supervisors Minute Book Number 29 Board of Supervisors Regular Meeting of 02/25/04