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HomeMy WebLinkAboutFebruary 27, 2008 Regular Meeting246 A Regular Meeting of the Frederick County Board of Supervisors was held on Wednesday, February 27, 2008, 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 Gene E. Fisher; Charles S. DeHaven, Jr.; Gary W. Dove; Bill M. Ewing; Philip A. Lemieux; and Gary A. Lofton. CALL TO ORDER Chairman Shickle called the regular meeting to order. INVOCATION Supervisor llove delivered the invocation. PLEDGE OF ALLEGIANCE Vice-Chairman Fisher led the Pledge of Allegiance. ADOPTION OF AGENDA -APPROVED Upon a motion by Supervisor Dove, seconded by Supervisor DeHaven, the Board approved the agenda. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Gene E. Fisher Aye Charles S. DeHaven, Jr. Aye Gary W. Dove Aye Bill M. Ewing Aye Philip A. Lemieux Aye Gary A. Lofton Aye CONSENT AGENDA -APPROVED County Administrator John R. Riley, Jr, offered the following item for the Board's consideration under the consent agenda: - Subdivision Waiver Request of Nina Smoke -Tab G. Upon a motion by Supervisor Ewing, seconded by Supervisor Lofton, the Board approved the consent agenda by the following recorded vote: Kichard C. Shickle Aye Gene E. Fisher Aye Charles S. DeHaven, Jr. Aye Gary W. Dove Aye Bill M. Ewing Aye Philip A. Lemieux Aye Minute Book Number 33 Board of Supervisors Regular Meeting of 02/27/08 247 Gary A. Lofton Aye CITIZEN COMMENTS There were no citizen comments. BOARD OF SUPF,RVISORS COMMENTS There were no Board of Supervisors' comments. MINUTES -APPROVED Upon a motion by Supervisor DeHaven, seconded by Vice-Chairman Fisher, the Board approved the minutes from the February 12, 2008 Budget Worksession. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Gene E. Fisher Aye Charles S. DeHaven, Jr. Aye Gary W. Dove Aye Bill M. Ewing Aye Philip A. Lemieux Aye Gary A. Lofton Aye COUNTY OFFICIALS EMPLOYEE OF THE MONTH AWARD FOR FEBRUARY 2008 - (RESOLUTION #044-08~ -APPROVED Upon a motion by Supervisor Dove, seconded byVice-Chairman Fisher, the Board approved C. Steve Frye as employee of the month for February 2008. RESOLUTION TO RECOGNIZE THE FREDERICK COUNTY EMPLOYEE OF THE MONTH C. STEVE FRYE WHEREAS, the Frederick County Board of Supervisors recognizes that the County's employees are a most important resource; and WHEREAS, on September 9, 1992, the Board of Supervisors approved a resolution which established the Employee of the Month award and candidates for this award may be nominated by any County employee; and WHEREAS, the Board of Supervisors selects one employee from those nominated, based on the merits of outstanding performance and productivity, positive job attitude, and other noteworthy contributions to their department and to the County; and WHEREAS, C. Steve Frye, who serves as Landfill Manager with Department of Public Works was nominated for Employee of the Month; and WHEREAS, C. Steve Frye is deserving of special recognition for assisting the Frederick County Sheriff s Office in the recent BFI case. During the course of the investigation, Steve spent countless hours obtaining and relaying information to the Sheriff s Office which has resulted in a $2,000,000 settlement. Minute Book Number 33 Board of Supervisors Regular Meeting of 02/27/08 248 NOW, THEREFORE, BE IT RESOLVED, by the Frederick County Board of Supervisors this 27th day of February, 2008, that C. Steve Frye is hereby recognized as the Frederick County Employee of the Month for February, 2008; and BE IT FURTHER RESOLVED, that the Board of Supervisors extends gratitude to C. Steve Frye for his outstanding performance and dedicated service and wishes him continued success in future endeavors; and BE IT FURTHER RESOLVED, that C. Steve Frye is hereby entitled to all of the rights and privileges associated with this award. "fhe above motion was approved by the following recorded vote: Richard C. Shickle Aye Gene E. Fisher Aye Charles S. DeHaven, Jr. Aye Gary W. Dove Aye Bill M. Ewing Aye Philip A. Lemieux Aye Gary A. Lofton Aye REQUEST FROM THE COMMISSIONER OF THE REVENUE FOR REFUNDS - APPROVED Administrator Riley advised the Commissioner of the Revenue requested a refund for the following: Ryder Truck Rentals in the amount of $4,945.97 Family Preservation Services in the amount of $3,917.38 Builders Firstsource -Atlantic in the amount of $2,799.82 The County Attorney reviewed same and indicated a refund appeared to be justified. Upon a motion by Supervisor Ewing, seconded by Supervisor DeHaven, the Board approved the requested refunds. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Gene E. Fisher Aye Charles S. DeHaven, Jr. Aye Gary W. Dove Aye Bill M. Ewing Aye Philip A. Lemieux Aye Gary A. Lofton Aye COMMITTEE REPORT FINANCE COMMITTEE REPORT The Finance Committee met in the First Floor Conference Room at 107 North Kent Street on Wednesday, February 20, 2008 at 8:00 a.m. Member Stephen Swiger was absent. 1. 'fhe Victim Witness Director requests a General Fund supplemental appropriation in the Minute Book Number 33 Board of Supervisors Regular Meeting of 02/27/08 249 amount of $4,615. This amount represents an overpayment made to the County by DCJS. See attached memo, p. 1-3. The committee recommends approval. -Approved Upon a motion by Supervisor Ewing, seconded by Supervisor DeHaven, the Board approved the above request by the following recorded vote: Richard C. Shickle Aye Gene E. Fisher Aye Charles S. DeHaven, Jr. Aye Gary W. Dove Aye Bill M. Ewing Aye Philip A. Lemieux Aye Gary A. Lofton Aye 2. The Victim Witness Director requests a General Fund budget transfer (amount not determined) from the health insurance line item. This amount represents funds for IT purchases. See attached memo, p. 1. This item has been tabled pending further information on funding reductions by DCJS. 3. The Jail Superintendent requests a Jail Fund supplemental appropriation in the amount of $198,000. This amount represents funds needed for overtime costs. See attached memo, p. 4. Item deleted from agenda. 4. The Sheriff requests a General Fund supplemental appropriation in the amount of $100. This amount represents donations received. No local funds required. See attached memo, p. 5. The committee recommends approval. -Approved Upon a motion by Supervisor Ewing, seconded by Supervisor Lofton, the Board approved the above request by the following recorded vote: Richard C. Shickle Aye Gene E. Fisher Aye Charles S. DeHaven, Jr. Aye Gary W. Dove Aye Bill M. F,wing Aye Philip A. Lemieux Aye Gary A. Lofton Aye 5. The Deputy County Administrator requests a General Fund supplemental appropriation in the amount of $7,850. This amount represents costs associated with an energy audit for the County to help identify potential financial savings in energy costs through conservation measures. Local funds are required. See attached memo, p. 6. The committee recommends approval. - Approved Upon a motion by Supervisor Ewing, seconded by Vice-Chairman Fisher, the Board approved the above request by the following recorded vote: Richard C. Shickle Aye Gene E. Fisher Aye Charles S. DeHaven, Jr. Aye Gary W. Dove Aye Bill M. Ewing Aye Philip A. Lemieux Aye Gary A. Lofton Aye Minute Book Number 33 Board of Supervisors Regular Meeting of 02/27/08 250 6. The Finance Director requests a General Fund supplemental appropriation in the amount of $3,988. This amount represents funds needed for the County portion of the Circuit Court costs for FY 08. Local funds are required. See attached information, p. 7-10. The committee recommends approval. -Approved Upon a motion by Supervisor Ewing, seconded by Supervisor DeHaven, the Board approved the above request by the following recorded vote: Richard C. Shickle Aye Gene E. Fisher Aye Charles S. DeHaven, Jr. Aye Gary W. Dove Aye Bill M. Ewing Aye Philip A. Lemieux Ayc Gary A. Lofton Aye ***Information Only*** 1. "fhe Finance Director provides a fund balance report. See attached, p. 11. There was a Budget Worksession Immediately Following the Finance Committee Meeting. TRANSPORTATION COMMITTEE UPDATE FOR COUNTY INPUT ON ROUTE 37 ACCESS MANAGEMENT STUDY -APPROVED This was an opportunity for the Board of Supervisors to give feedback on this study to the MPO before it was released for public comment. On February 11, 2008 County staff presented the background and findings of the Route 37 Access Management Study prepared by consultant HNTB. This is an MPO study that was grant funded by VDOT. The purpose of the study was to study the transportation network in the area of I-81, Route 37, Route 11, and Shady Elm Drive to determine how best to address the needs for access to Koute 37. Upon completion of the study, the MPO released the report for locality review and comment. Since consultant rime was not allocated for this presentation during this locality review period, County staff was asked to make their presentation available to the City and Town, which was done. Invitations to the meeting were sent to the Board of Supervisors, Planning Commission, Transportation Committee, CPPS, County School Administrative Staff, City of Winchester, and Town of Stephens City. Representatives from all of these bodies were present. After the presentation, the Transportation Committee continued discussion of the report and came up with the following comment and recommendation to the Board. The Transportation Committee generally felt that the study was positive progress and a good body of work. They felt that Alternatives 2 and 3 were the most successful of what was studied and were worthy of additional study. In addition, the Committee felt that additional consideration of the planned overpass I-81 via Tasker Road should receive consideration should a connection from Tasker Road to Papermill Road to take advantage of the Papermill Road overpass of I-81. The Committee indicated that additional study should be done as soon as practicable, and staff noted that we are working toward a Phase II study at the MPO level. In addition to this summary, staff is prepared to give a brief overview and answer additional questions should the Board desire. lleputy Director of Planning/Transportation John Bishop explained that alternative II was the most aggressive alternative; however, staff was advocating a phase II study. Supervisor Dove questioned why the county was studying alternative II, because the cost Minute Book Number 33 Board of Supervisors Regular Meeting of 02/27/08 251 seemed prohibitive. Deputy Director Bishop responded it was the county's hope that alternative II would not be the way to go, but all alternatives needed to be tested. Supervisor DeHaven advised that we need to find an alternative the Federal Highway Administration can sign off on. He went on to say the Transportation Committee felt strongly we should pursue a phase II study. He concluded by saying there was no disadvantage to leaving alternative II on the table while it was being studied further. Vice-Chairman Fisher agreed that alternatives II and III need to be reviewed because there might be right-of--way issues or other things that would be advantageous for future planning. Upon a motion of Vice-Chairman Fisher, seconded by Supervisor Lemieux, the Board endorsed the Transportation Committee's recommendation. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Gene E. Fisher Aye Charles S. DeHaven, Jr. Aye Gary W. Dove Aye Bill M. Ewing Aye Philip A. Lemieux Aye Gary A. Lofton Aye PLANNING COMMISSION BUSINESS PUBLIC HEARING PUBLIC HEARING - 2008-2009 CAPITAL IMPROVEMENTS PLAN (CIPI. THE CIP IS A PRIORITIZED LIST OF CAPITAL PROJECTS REQUESTED BY VARIOUS COUNTY DEPARTMENTS AND AGENCIES. THE PLAN IS CREATED AS AN INFORMATIONAL DOCUMENT TO ASSIST IN THE DEVELOPMENT OF THF. COUNTY~ES ANNUAL BUDGET. IF ADOPTED, THE CIP IS A COMPONENT OF THE COMPREHENSIVE POLICY PLAN. - (RESOLUTION #045-08) -APPROVED lleputy Director Michael Ruddy appeared before the Board regarding this item. He advised that the Planning Commission recommended approval of the 2008-2009 Capital Improvements Plan, which contains 56 total projects of which five are new. He concluded by saying the proposed capital improvements plan was consistent with the Comprehensive Plan. Chairman Shickle convened the public hearing. There were no public comments. Chairman Shickle closed the public hearing. Minute Book Number 33 Board of Supervisors Regular Meeting of 02/27/08 252 RESOLUTION 2008-2009 CAPITAL IMPROVEMENTS PLAN (CIP) WHEREAS, the Frederick County Planning Commission held a public hearing on the proposed 2008-2009 Capital Improvements Plan (CIP) for Frederick County on February 20, 2008; and, WHEREAS, the Frederick County Planning Commission recommended approval of this plan at their regular meeting on February 20, 2008; and, WHEREAS, the Frederick County Board of Supervisors held a public hearing on this plan during their regular meeting on February 27, 2008; and, WHEREAS, the Frederick County Board of Supervisors supports the priorities for capital expenditures contained in the Capital Improvements Plan (CIP) and has determined that the projects contained in the Capital Improvements Plan (CIP) conform to the Frederick County Comprehensive Policy Plan; NOW, THEREFORE, BE IT ORDAINED by the Frederick County Board of Supervisors as follows: The Frederick County Board of Supervisors hereby approves the 2008-2009 Capital Improvements Plan (CIP) for Frederick County, Virginia as an element of the Comprehensive Policy Plan. Upon a motion by Supervisor Dove, seconded by Supervisor Ewing, the Board approved the 2008-2009 Capital Improvements Plan. "fhe above motion was approved by the following recorded vote: Richard C. Shickle Aye Gene E. Fisher Aye Charles S. DeHaven, Jr. Aye Gary W. Dove Aye Bill M. Ewing Aye Philip A. Lemieux Aye Gary A. Lofton Aye OTHER PLANNING ITEMS SUBDIVISION WAIVER REOF.UST OF NINA SMOKE -APPROVED UNDER CONSENT AGENDA The applicant sought an exception from the lot requirements of the Frederick County Subdivision Ordinance, Section 144-31 (C) (3), to enable a family division of a parcel of land into two parcels on aright-of--way less than 50 feet. The property is located on the western side of Diamondback Lane in the Back Creek Magisterial District. This item was approved under the consent agenda. BOARD LIAISON REPORTS There were no Board liaison reports. Minute Book Number 33 Board of Supervisors Regular Meeting of U2/27/OS 253 CITIZEN COMMENTS Barbara Darr, Shawnee District and resident of Bufflick Road, appeared before the Board. She advised that her property and that of her neighbors was under eminent domain to, at some point, be seized by the Winchester Regional Airport. She stated that she would like this item to be part of a future agenda for discussion because the residents of Bufflick Road do not want to feel that they are alone. She went on to say that it had become difficult to solicit updates from the airport, but Director Renny Manuel had provided information in the past. BOARD OF SUPERVISORS COMMENTS There were no Board of Supervisors' comments. ADJOURN UPON A MOTION BY SUPERVISOR SWING, SECONDED BY SUPERVISOR DOVE, THERE BEING NO FURTHER BUSINESS TO COME BEFORE THIS BOARD, THIS MEETING IS HEREBY ADJOURNED. (7:45 P.M.) --~~sZ...E~J Richard C.Shickle Chairman, Board of Supervisors . J R. Riley, Jr. Clerk, Board of Supervisors Minutes Prepared By:~,.,_. ~ ~` Jay E. T' bs Deputy Jerk, Board of Supervisors Minute Book Number 33 Board or Supervisors Regular Meeting of 02/27/08