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


									At a regular meeting of the Board of Supervisors of the County of Warren held in the Warren County Government Center on April 1, 2008 at 9:00 a.m. Present: Archie A. Fox, Chairman (Fork District); Glenn L. White, Vice-Chairman (North River District); Tony F. Carter, (Happy Creek District); Linda P. Glavis (South River District); Richard H. Traczyk, (Shenandoah District); also Douglas P. Stanley, County Administrator; Blair D. Mitchell, County Attorney; Richard J. Magnifico, Deputy County Administrator; Carolyn W. Stimmel, Finance Director; Janice C. Dearaway, Deputy Clerk of the Board; Robert King, Northern Virginia Daily; Roger Bianchini, Warren County Report and Hillary Watson, Warren Sentinel None


Adoption of Agenda - Additions or Deletions Mr. Stanley asked that item D-2 (Take Thomas Drive into Secondary System) be removed from the agenda as the Virginia Department of Transportation was still waiting on information from the applicant. Mr. Stanley asked that the Board add following item J a request to accept a bid for the concession stand. On a motion by Mr. Traczyk, seconded by Mr. White and by the following vote, the Board of Supervisors adopted the agenda as amended: Aye: Carter, Fox, Glavis, Traczyk, White of Transportation – Jeff

Report - Virginia Department Lineberry/Bob Childress 1. 2. 3.

Resolution re: Six-Year Plan and Construction Budget for Secondary Road Construction Removed Resolution to take Timber Ridge Drive and May Wood Drive into Secondary System 1

Mr. Jeff Lineberry, Residency Administrator for the Virginia Department of Transportation (VDOT), reported on maintenance activities, e.g. brush cutting, scraping and adding stone to roads, opening pipes, shoulder work. Mr. Lineberry reported that the contractor continued to make good progress on the North Fork Bridge project. Permanent paint was used for pavement markings. The contractor was making good progress on the Overall Bridge project and Mr. Lineberry anticipated completion of the project later this summer. Mr. Lineberry noted that the biggest area for cuts in the Secondary Six-Year Plan was in state funding. VDOT was able to maintain an advertisement date of October 2010 for the Rockland Road realignment project. Morgan Ford Bridge received bridge funds so it was not severely impacted. Those projects most impacted were unpaved projects such as Oregon Hollow Road. There was still a balance of $2.5 million to complete the Oregon Hollow Road project. They were only receiving approximately $325,000 over six years of the plan. Mr. White said that VDOT‟s maintenance people did a good job on Bowman Mill Road. He understood that VDOT intended to do more extensive improvements later in the spring. Mr. Lineberry said that was correct and VDOT would be adding stone to those roadways as they were graded as part of maintenance. Mrs. Glavis thanked Mr. Lineberry for the installation of speed limit signs on Browntown Road. She asked if there was any possibility of using maintenance funds to make improvements in areas where there were safety issues, e.g. Rocky Hollow Road. Mr. Lineberry said they might be able to do some slight improvements, but there was a separation between maintenance and construction. Mr. Lineberry added that they might be able to stabilize ditches with rip-rap to prevent further erosion. Mr. Fox asked if Oregon Hollow Road was a $3.1 million project and with the current projected appropriations, would it be seven or eight more years before the funds were available. Mr. Lineberry explained that those funds were over the entire Six-year Plan and unless there was additional revenue, the funding would not be adequate considering the inflation rate. He said the Board might 2

want to consider accomplish some available.

shortening that project so they improvements with what funds

could were

Mr. Stanley noted that staff had emphasized to the Governor during his recent visit, the need to look at the VDOT funding scenario because by 2017 under current funding, all the money will be needed for maintenance and there would be no funds available for construction. Unless that happened a project like Oregon Hollow Road might be 10-15 even 20 years out. On a motion by the following resolution shown and Construction VDOT: Aye: by Mr. White, seconded by Mr. Carter and vote, the Board of Supervisors adopted the below for the Warren County Six-Year Plan Budget for Secondary Roads as proposed by

Carter, Fox, Glavis, Traczyk, White

WHEREAS, Section 33.1-23 and 33.1-23.4 of the 1950 Code of Virginia, as amended, provides the opportunity for each county to work with the Virginia Department of Transportation in developing a Secondary Six-Year Road Plan. WHEREAS, this Board has previously agreed to assist in the preparation of this Plan, in accordance with the Virginia Department of Transportation policies and procedures, participated in a public hearing on the proposed Plan (2008/09 through 2013/14) as well as the Construction Priority List (2008/09) on March 18, 2008 after 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. WHEREAS, Mr. J. A. Lineberry, Residency Administrator, Virginia Department of Transportation, appeared before the Board on April 1, 2008, and having addressed Board comments received at the aforesaid Public Hearing, recommended approval of the Six-Year Plan for Secondary Roads (2008/09 through 2013/14) and the Construction Priority List (2008/09) for Warren County. NOW, THEREFORE, BE IT RESOLVED that since said Plan appears to be in the best interests of the Secondary Road 3

System in Warren County and of the citizens residing on the Secondary System, said Secondary Six-Year Plan (2008/09 through 2013/14) and Construction Priority List (2008/09) are hereby approved. On a motion by Mr. Traczyk, seconded by Mr. White and by the following vote, the Board of Supervisors adopted the resolution shown below to add Timber Ridge Drive and May Wood Drive into the Secondary System of State Highways pursuant to Section 33.1-229 of the Code of Virginia and the VDOT Secondary Street Requirements: Aye: Carter, Fox, Glavis, Traczyk, White

WHEREAS, the streets described on the attached Additions Form LA-5(A), fully incorporated herein by reference, are shown on plats recorded in the Clerk‟s Office of the Circuit Court of Warren County, and WHEREAS, the representative for the Virginia Department of Transportation has advised this Board that the street(s) meet the requirements established by the Virginia Department of Transportation‟s Subdivision Street Requirements. NOW, THEREFORE, BE IT RESOLVED, this Board requests the Virginia Department of Transportation to add the street(s) described on the attached Additions Form LA-5(A) to the secondary system of state highways, pursuant to §33.1-229, Code of Virginia, and the Department‟s Subdivision Street Requirements, after receiving a copy of this resolution and all outstanding fees and documents required of the developer, whichever occurs last in time. BE IT FURTHER RESOLVED, this Board guarantees a clear and unrestricted right-of-way, as described, and any necessary easements for cuts, fills and drainage, and BE IT FURTHER RESOLVED that a certified copy of this resolution be forwarded to the Resident Engineer for the Virginia Department of Transportation. Report - SRI Update – Mike South Mr. Mike South, Executive Director of the Economic Development Authority, gave an update on the SRI roadmap. 4

He noted that this was the first year of implementation of the roadmap composite. Copies of the current update had been distributed to the Chamber of Commerce, the Downtown Business Association and the Town of Front Royal. Mr. South said that he would be available to meet with the Board in work session to review the update in more detail should that be the desire of the Board. Mr. South said last year had been a transition for the conventional IDA/EDA as a property manager to a community resource. The “community roadmap” provided the establishment of tasks, identified the responsible parties and projected dates of implementation to support the EDA‟s purpose of delivering the community vision. Mr. South noted that the EDA had come to the Town and County for funding because they felt it was appropriate for all parties to make some investment in the program. Mr. South reviewed the first initiative of the program, which was targeted investment promotion. It defined the areas of responsibilities and accountabilities from a standpoint of the term “cluster.” A cluster was those business within the community they felt should be supported in order to deliver the ultimate vision. The roadmap recommended four clusters: 1. construction, transportation and logistics; 2. high-value business services or government; 3. education and human services and 4. tourism, hospitality and entertainment. The EDA identified 100 plus high priority investment leads for Royal Phoenix, Happy Creek Technology Park, downtown Front Royal and two County sites. The EDA website had been improved for better use as a marketing tool. The EDA attracted fifteen new companies to invest in the region that fit the investment criteria. Under Initiative 2, which was Royal Phoenix Development, the EDA leased 13,400 square feet in its administrative building. Wayside Theatre occupied a large portion of that square footage and the EDA was working with them to make this site a permanent location. Mr. South added that a feasibility study of tourism and hospitality was underway in conjunction with Virginia Tech. Royal Phoenix was one of two sites being considered for the relocation of Department of Homeland Security offices. Mr. South pointed out that the first parcel of the site had been remediated and was available for development. One 5

major accomplishment recently was the first and second meeting of the stakeholders to discuss what could and could not be constructed on the 160-acre site in conjunction with the Town buying into the business parcels plan. Mr. South recognized the Chamber of Commerce, Downtown Business Council, Downtown Front Royal and Pam McInnis for their involvement with Initiative 3, Downtown Revitalization. Nine new businesses opened downtown and two more were planning to open. Mr. South stated that when the IDA first approached the Board regarding financial support, the Board asked for solid deliverables at the end of the year. Mr. South credited Mr. Craig Laird for Initiative 4, ICT Infrastructure. The Consortium Study‟s “Analysis of a Town Proposal to Use Broadband over the Powerline” was an important concept he felt they should take into consideration as a community. Under Initiative 5, Small Business Start-Up, Finance and Support, eight small businesses received $355,000 in EDA financing including six downtown businesses that received $155,000 in EDA loans, seventy-five small business people were trained through Lord Fairfax Community College and the Town and County Planning staff were meeting regularly to simplify permitting and inspections. Mr. South commended Pam McInnis, Buck Smith and Dr. “Ski” for Initiative 6, Public-Private Education Initiative. Forty-five realtors were educated at Skyline High School on County, Town, Public School and EDA activities through “Project Lead the Way.” A college and career fair would host 800 students later this month. Mr. South said that under Initiative 7, Branding, they developed two slogans and were working on a logo. He was hopeful that all the businesses would use “rivers of opportunity and mountains of success” as an economic/business slogan. He noted that the County‟s logo depicting the rivers and mountains could be used without the County banner. Mr. South commended Mr. Stanley and Mr. Graham for their efforts on wayfinding signage. Mr. South noted that under initiative 8, Integrated Future Community, the Town and County had an agreement for 6

a wayfinding sign program. Initiative 8 included a transportation needs assessment for the year 2030. Also, included was the Luray Avenue boat landing and walking trail. Mr. South noted that the EDA had a free month of consultation, which would be used to help them develop the priorities of an orderly transition into year two of the SRI roadmap. Mr. Stanley felt that the SRI roadmap forced all the players to come together to work on a strategic plan to address those issues facing the community. He thanked Mr. South and SRI for compiling those issues into one document, outlined who was responsible and provided a timeline. Public Presentations There were no presentations from the public. Reports Board Administrator Members, County Attorney, County

Mrs. Glavis reported that she had attended a Best Practices Conference at the 4-H Center chaired by Judge Sharp. Representatives from the Warren County Public Schools, Court Services, Northwestern Community Services, Comprehensive Services Act for At-Risk Youth and Families and the Warren Coalition all came together to look at problems differently focusing on community-based initiatives and services for at-risk youth and families. These groups were working toward more preventive services focused on keeping the child in the home and utilizing services in the community, which would save the County money. The cost of residential care was approximately $200 per day per child and the average term was six to twelve months. Mr. White noted that he had served on the Warren County Airport Commission for about three months. He reported that Mr. Magnifico and he had visited six airports in Virginia recently to see what other airports were doing, how they were staffed, financed, etc. He noted that the largest airport they visited was Winchester and the smallest was Luray. All the airports had things in common 7

and each airport, almost without exception, was heavily subsidized by their communities. Culpeper County provided several hundred thousand dollars of taxpayers‟ each year. The Luray Airport was financed by Luray Caverns because of its ability to bring visitors. Only one airport was not heavily subsidized by its community. The majority of the subsidies came from their respective Boards of Supervisors and were deemed to be absolutely necessary from the community„s perspective as an economic engine. Each community felt an attractive, efficient and productive airport was absolutely essential to bringing business to the community. Culpeper Airport recently attracted a $.5 billion internet company. Those airports with a thriving airpark were becoming more successful in making their IDA or EDA efforts a success. He felt this Board should look at that carefully. Mr. White said he was driven in this direction due to the mandate from the Board to make the airport selfsufficient. He noted that the airport was taken over by the County about eighteen months ago. Before that time the Airport Commission handled its own finances. He said Mr. Magnifico was doing an excellent job on developing a budget for the airport. Almost without exception, each airport said if this Board wanted the Front Royal-Warren County Airport to become self-sufficient, they would need to build more hangars. He pointed out that Culpeper had a waiting list of 100 hangar users. Mr. White felt the Board had to decide what it wanted to do with the airport on a long-term basis, sell it, abandon it or build it up into an airpark. He pointed out that there was a revolution brewing in the airport business, which was light jets that could take off and land at a local airport. He felt the Board had the opportunity to make the airport an economic development magnet to attract the types of businesses they wanted in Warren County. They identified that Warren County was already a member of the Regional Airport Authority, but not a voting member because Warren County no longer provided any funding. The County had previously contributed $5,000 a year. By becoming a voting member, they would be able to magnify the County‟s impact as an individual member and do things that would be complimentary not only for the Winchester Airport, but also the Front Royal-Warren County Airport.


Mr. White felt they needed to develop a master plan for the airport. He felt they needed to find a developer who could turn the airport into an attraction, hotel, car rentals, offices, etc. Mr. Fox reported that he had recently met informally with Mayor Eastham and the Mayor had informed him that the Town would soon forward to the County its comments regarding the Town-County Liaison Committee. The Mayor had also indicated that the Town was prepared to move forward on the Route 522 agreement. Mr. Fox had distributed a draft resolution regarding the EDA that was under consideration by the Town. Mr. Traczyk reported that he had attended the Front Royal Golf Club Advisory Committee meeting last week during which time they discussed optimizing budget issues for the upcoming season, e.g. food services, menus, ways to increase membership, etc. The Golf Club was still operating in the red, but the Committee was aggressively exploring ways to turn that around. Mr. Traczyk reported that Mr. Fox and he had a meeting tomorrow with the library group and they continued to look at the design and budget needs. Mr. Traczyk reported that Wal-Mart was expected to open the second week of June. They were hiring. He noted that he had not received a report on the John Marlow Shopping Center or the Cedarville Shopping Center. With the soft business climate, he did not expect them to push to develop the sites in the immediate future. Mr. Carter reported that Warren County‟s Spring Cleanup Day would be April 12 at the Virginia Department of Transportation Park and Ride on Dismal Hollow Road and the Warren County Solid Waste Transfer Station in Bentonville for most household items. Computer monitors would be collected at the Front Royal Volunteer Fire Department that day at a cost of $10 per monitor. Mr. Carter asked for clarification on Mr. Fox‟s informal meeting with the Mayor with reference to the Route 522 agreement as that agreement was already in place. Mr. Fox explained that the Town was considering a new contract with some changes. Mr. Carter understood that the original agreement was in perpetuity. He asked if any changes would 9

have to be approved by both parties and Mr. Mitchell stated that that was correct. Mr. Stanley reported that building permits for new home construction the first quarter of 2008 decreased from 64 last year to 44. Two years ago there were 115 building permits issued for new home construction. Mr. Stanley reported that the Overall Bridge project was substantially completed and the staining of the rock on the bridge had been completed. Mr. Stanley reported that the Chamber of Commerce would be holding a legislative wrap-up session with Delegate Athey and Senator Obenshain at the Government Center tomorrow at noon. Mr. Stanley reported that he began discussions with Mr. Patrick Ferris of the Heritage Society on putting together an outline for the Sesquicentennial planned for the 150 anniversary of the Civil War and its impact on the community. He would report back to the Board with a recommendation in the next few months. Mr. Stanley was of the understanding that the dedication of Wal-Mart was scheduled for June 11, 2008 at 11:00 a.m. Mr. Mitchell reported that on behalf of the Board of Zoning Appeals he had filed an answer in the most recent lawsuit filed against it involving the intrusion within a front setback. Mr. Mitchell reported that he had been working with the Treasurer‟s Office on four recent bankruptcies and a possible payment plan for one of them. Mr. Mitchell reported that there was a stakeholders‟ meeting tomorrow at 10:00 a.m. at the EDA offices to discuss the various types of usages and potential usages in the 1999 agreement. Mr. Mitchell reported that the EDA Board was working on the first draft of a Zoning Ordinance for mixed uses on the site. The site was currently zoned Industrial and the three-acre site of the Administrative Building was recently rezoned Commercial. The proposed ordinance would provide 10

for a new zoning district, Industrial/Commercial, that would allow for mixed uses on the site. This mixed use district might work for the balance of the Happy Creek Industrial Park as well. Mr. Mitchell noted that Page 29 of the SRI Report listed several rural business loans and he had been or would be involved in a number of them. Mr. Mitchell reported that he had been working with the Planning Department to revamp the flood plan ordinance. The Federal Emergency Management Agency had demanded certain changes be in place by June 3, 2008. Mr. Mitchell reported that he would have a number of easement deeds for the Board‟s review within the next couple of meetings. Mr. Mitchell reported that a third-year law student was interested in doing a summer internship in his office at no charge. The student still had one more requirement before graduating, a clinical internship program. Unless the board had any objections, he would start in about one month. Approval of Minutes – Regular Meeting of March 18, 2008 On a motion by Mr. Carter, seconded by Mr. Traczyk and by the following vote, the Board of Supervisors approved the minutes of its regular meeting of March 18, 2008: Aye: Carter, Fox, Glavis, Traczyk, White

Consent Agenda 1. Authorization to Advertise for Public Hearing a. b. Limeton Agricultural and Forestal Creation of District – Taryn Logan District –

Z2008-03-01 Proposed Ordinance to Amend Section 180-27(B) of the Warren County Code (Zoning Ordinance) to add “Municipal Solid Waste Collection Facilities established and operated by the Board of Supervisors” to the List of Uses 11

permitted By Right in the Commercial District – Taryn Logan c. Z2008-02-01 Proposed Ordinance to Amend Section 180-67 of the Warren County Code re: Process of Appeals to the Board of Zoning Appeals – Taryn Logan R2005-07-01 Blue Ridge Shadows, LLC – Rezoning from Agricultural to Commercial – Doug Stanley Proposed Agreement for Placement of Bank Automatic Teller Machine in Warren County Government Center – Blair Mitchell Proposed Amendment to and Renewal Williams Store Lease – Blair Mitchell Expanding Number of Members of Airport Commission – Glenn White of Sherwin County

d. e.

f. g. 2. 3. 4.


Livestock Kill – 1 Rabbit - $10 – Animal Control Spring Clean Up & Computer collection Day – April 12, 2008 – Richard Magnifico Erroneous Assessments – John Smedley/Blair Mitchell a. b. c. d. e. f. 2007 Personal Property Improvement - $1,013.12 Taxes – – Haleys Home &

2008 Business License Taxes Company, Inc. - $1,228.15


2008 Business License Taxes – Comcast - $7,578.37 2008 Business License Taxes – Total Renal Care, Inc. - $2,337.01 2008 Business License Taxes – Specialty Realtors, Inc. - $1,099.50 2008 Business License Company - $1,705.02 Taxes – Shenandoah PCS


2006-02-01 Conditional Use Permit – Cluster Housing Development (10 Lots) – Joseph Terzuoli/John Bilotti 12

Construction Wendling 6. 7.







Disallowance of Claim of D.R. Horton for Refund of Connection Fees – Blair Mitchell Pump and Haul - Warren County Compactor Site – Doug Stanley

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

Request – Recommendation to Proceed with Design Process for Skate Park – Dan Lenz/Blair Mitchell

Mr. Dan Lenz, Director of Parks and Recreation, noted that earlier this year, Mr. Stanley, Mr. Mitchell and he had met with Mr. Doug Bement, a professional engineer, to discuss the possibility of being a consultant to the County on the proposed Skatepark. Mr. Lenz and Mr. Mitchell were in agreement with Mr. Bement‟s proposal consultant. Mr. Bement had developed a design-bid contract that defined the differences and similarities between the design-bid process and design-build bid process. Mr. Fox asked how soon the County would have the resources for the Skatepark. Mr. Lenz noted that the County had received approximately $251,000 in monetary donations. He noted that committee members were attempting to secure donated materials for the project, e.g. concrete. Three of the four concrete companies were willing to provide concrete, but they were not sure yet as to the amount. The committee also met with some contractors regarding the donation of services. There were a number of businesses and contractors they planned to contact. Mr. Stanley added that Crider & Shockey committed to contribute 50 cubic yards of concrete. He noted that he had spoken to both concrete manufacturers in Warren County. Titan, currently under construction, had committed to doing something, but he was unsure of the numbers. He was hopeful that a portion of the materials cost could be donated, which would bring the final figure down. Due to Department of Conservation and Recreation grant 13

requirements, the project had to be completed by December 31, 2009. Mr. Mitchell noted that the process required under Virginia law to proceed under a design-build contract that the County hire an engineer or have an engineer as a consultant to make a recommendation to the Board of Supervisors that a design-build process would be more beneficial financially and feasibly rather than the traditional design bid build process. In order to do a design-build process, the project must be estimated at $1 million or less and this project met that criteria. Also, the project had to be one in which the design bid build process (traditional) would not be conducive for the project because not every engineer and builder had this type of experience. Mr. Bement said the skatepark project was unique and there were only a handful of contractors that had the capability and experience to do this. Another factor to be considered was time. There was a time savings when the same entity did the design and the construction and there was only one source with which to work on the project. For those reasons and many others, Mr. Bement recommended the design-build process be implemented for the construction of the proposed skatepark. On a motion by Mr. White, seconded by Mrs. Glavis and by the following vote, the Board of Supervisors determined that the skatepark project design-build process was in the best interests of all parties and authorized the Parks and Recreation Department to compile the appropriate paperwork associated with the skatepark project: Aye: Carter, Fox, Glavis, Traczyk, White

Request - Concession Stands – Dan Lenz Mr. Lenz noted that two bids had been received to operate two concession stands, one at Bing Crosby Stadium and one at the junior league field for the upcoming baseball season. Mr. Lenz pointed out that the Board had rejected the concession stand bids at its meeting of March 18, 2008 and requested that staff draft requests for proposals outlining 14

the County‟s expectations for following bids were received: Bing Crosby Stadium




Big Bubba‟s Concessions Front Royal Cardinals

$3,450.00 3,100.00

Junior League Field – No bids (Big Bubbas would operate this facility if the Board accepted their bid for Bing Crosby Stadium) Staff recommended that the Board accept the bid proposal of $3,450.00 from Big Bubba‟s Concessions for the operation of Bing Crosby Stadium concession stand because this proposal met all of the criteria. Mr. Vanden Bosch‟s bid proposal and group percentage to the baseball organizations was higher than the Front Royal Cardinals (22% gross vs. 10% gross). Mr. Vanden Bosch also owned all the equipment necessary to operate the concession stand. Parks and Recreation used this catering service at the Claude A. Stokes, Jr. Community Swimming Pool and found their services acceptable and the County determined that Mr. Vanden Bosch had demonstrated that he was fiscally sound. Mr. Lenz noted that County staff would review Mr. Vanden Bosch‟s books regularly to ensure that the operation was being handled in accordance with the terms of the contract. On a motion by Mr. White, seconded by Mr. Carter and by the following vote, the Board of Supervisors accepted the bid proposal of Big Bubba‟s Concessions in the amount of $3,450 for the operation of the Bing Crosby Stadium concession stand in Gertrude E. Miller Community Park for the 2008 Spring and Summer Baseball season. Aye: Carter, Fox, Glavis, Traczyk, White

Adjournment Mr. Fox adjourned the meeting.


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