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HomeMy WebLinkAboutMarch 26 2008 Regular Meeting279 A Regular Meeting of the Frederick County Board of Supervisors was held on Wednesday, March 26, 2008, at 7:15 Y.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 meeting to order. INVOCATION Reverend Ross Halbersma, New Hopc Alliance Church, delivered the invocation. PLEDGE OF ALLEGIANCE Vice-Chairman Fisher led the Pledge of Allegiance. ADOPTION OF AGENDA -APPROVED AS AMENDED County Administrator John R. Riley, Jr. offered the following amendments to the agenda: - Resolution in Memoriam of Delegate Alson "Al"Howard Smith, Jr., 17th and 29th District of the Commonwealth of Virginia -Item #6 under County Officials; - Resolution in Honor of the Group AA State Champion Millbrook High School Pioneers Men's Basketball Team -Item #7 under County Officials; - Consideration of Rezoning #01-08 for Frederick County School Board and Master Development Plan #01-08 of Revised Lynnehaven Development as one item. Upon a motion by Supervisor Ewing, seconded by Supervisor Dove, the Board approved the agenda as amended.. 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 Administrator Riley offered the following items for the Board's consideration under the consent agenda: - Proclamation Re: April 13-19, 2008 as National Telecommunicator's Week -Tab D; Minu[e Book Number 33 Board of Supervisors Regular Meeting of 03/26/U8 280 -Proclamation Re: April 18-26, 2008 as disAbility Awareness Week -Tab E; - Resolution of Support for the 2008-2012 Consolidated Plan -HOME Investment Partnership Funds -Tab F; -Parks and Recreation Commission Report -Tab H; -Landfill Oversight Committee Report -Tab I. Upon a motion by Supervisor lleHaven, seconded by Vice-Chairman Fisher, the B< approved the consent agenda 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 PUBLIC HEARING -FISCAL YEAR 2008-2009 BUDGET Administrator Riley reviewed the proposed FY 2008-2009 Budget, which was prepared the Board's direction and did not include a tax increase. He advised this budget presentation would be different from past years in that the presentation would highlight the budget challenges facing the county in this economic downturn. He went on to say the main goal in preparing the FY 09 proposed budget was to operate within the current tax rate and prioritize limited resources to meet citizen demand for services, programs and facilities. The proposed FY 09 budget objectives included: • No property tax increase. • Minimal salary increases. • Continued delivery of priority service levels. Administrator Riley briefly touched on the challenges facing the county, which included: • Rising energy and health care costs. • An economic downturn that increases reliance on County services and programs. • Falling interest rates. • Sluggish residential building and related services. • A continuation of state budget cuts that result in increased financial burden at the local level. To date, there was uncertainty as to the state's impacts on funding levels to Frederic County. He advised the Federal Reserve, in the last six months, decreased the basis points six times Minute Book Number 33 Board of Supervisors Regular Meeting of 03/26/08 2.81 in a total decrease of 300 basis points. This reduction in basis points would result in a loss of over a million dollars in budgeted investment income to Frederick County. In addition, the sluggish residential building market contributed to the budget challenges. Building permits decreased of 35% over two years prior and, to date, the 2008 calendar year showed decreasing building permits. Administrator Kiley stated the county would not meet sales tax projections in the current year. He went on to say the FY 09 proposed General Fund budget was $135,106,340, an increase from $132.3 million for the current fiscal year. The proposed budget did not include over $18 million in requested funding. He explained in order to fund the difference of $18.4 million between the requested budget and the proposed budget, Frederick County would have to raise the real estate tax rate from 52.5cents to 77.25 cents per $100.00, which would equate to a 38% tax increase. Administrator Riley briefly reviewed requests that were not funded in the proposed budget, to include: • Competitive salary increases; • Additional staffing: 0 19 positions in the sheriff's department; 0 20 firefighter positions; 05 positions in the Fire and Rescue department; 0 2 positions in Information Technology; ~ 1 maintenance position; • Automated fingerprint ID system for Sheriff's Department; • 201aptop computers and a document imaging system for the Sheriff's department; • "Training mannequins for the Fire and Rescue department; • Increases in contributions to the Volunteer Fire and Rescue Companies; • Volunteer firefighter physicals and flu shots; • Relocation of Gainesboro convenience site; • Vehicles for the Information Technology Department, Fire and Rescue Department, Maintenance Department, Social Services, and Parks and Recreation Department; • Gypsy moth spraying; • Indoor aquatics facility; • Park land in western Frederick County; Minute Book Number 33 Board of Supervisors Regular Meeting of 03/26/08 282 • Requested increases to outside agencies including health Department, Northwestern Community Services, Handley Library, Area Agency on Aging, NW Works, CLEAI` Inc., Shelter for Abused Women, Northern Shenandoah Valley Regional Commission Discovery Museum, and Access Independence; • Over $10 million in finding requests for schools that included: o Staffing needs to maintain and improve K-12 pupil/teacher ratios, address growth, and increase instructional support staff; o Bus needs to replace/increase fleet and increase the number of routes to reduce the length of existing routes; o Competitive compensation to improve part-time wages, compensation For Master's degree, improve scale for retention and recruiting, provide experience credits, and maintain existing health plans. He concluded by saying the proposed FY09 budget preparation cycle had been full of challenges which were beyond the county's control. The economic status and the uncertainty of State funds were major considerations while meeting the top priority of the Board of Supervisors - no tax increase. 'The proposed FY09 budget was prepared with the intent to best suit the citizenry with the limited resources available. Chairman Shickle convened the FY 2009 Budget public hearing. Stu Mills, Northwestern Virginia Health Services Agency, appeared before the Board to request funding in the proposed FY 2009 budget. He advised his group provides health planning services in the Lord Fairfax Health District. He explained that his group conducts public hearings regarding health care expenditures in the area and without these hearings local input on health decisions would disappear. He went on to say the impact on the health system without his organization's services would be devastating. He concluded by saying his organization was requesting $1,550.00 and if each locality did its part then they could continue their mission. Jim Shafer, Director of Finance for the Shenandoah Area Agency on Aging, thanked the Board fvr its continued support. He explained the Agency understood the pressures facing the Board. He asked the Board not to think of this request as one for the Agency, but rather funding for the Frederick County citizens the Agency serves. He concluded by saying that they would like to increase services in the County, but the funding was not available. Roberta Lauter, Director of Community Resource Development, Shenandoah Area Agency on Aging, explained the Agency provides services for residents age 60 and over. She went on to say this was the humanitarian and fiscally responsible thing to do. Ms. Lauter advised that Minute Book Number 33 Board of Supervisors Regular Meeting of 03/26/08 283 staff and volunteers were doing everything they could to reduce costs and cut spending. She concluded by thanking the Board for funding the Shenandoah Area Agency on Aging. llr. John Lamanna, Chairman of the Frederick County School Board, stated this had been a most difficult budget cycle. The State demands more, but pays less. He went on to say this year there was communication and cooperation between both boards. He stated he was not satisfied with the result, but he wanted to recognize and express appreciation for the efforts of the Board of Supervisors. John Wright, Red Bud District, read the following statement: "Good evening Mr. Chairman, members of the board and staff. My name is John Wright, I am a resident of the Redbud District and I am also the Vice President of the Frederick County Professional Fire Fighters Association. I am here tonight to address the staffing aspect of the initial FY09 Fire and Rescue Department budget. Currently personnel in the field help protect more than 70, 000 citizens and visitors from various emergency incidents. Over the last two budget cycles the fire and rescue department along with the individual volunteer fire companies throughout the county asked to increase staffing by 68.5 positions. Of those 68.5 positions only 2.5 positions were funded. The request for FY09 is 17 additional personnel, the fate of these positions is in the hands of you the Board of Supervisors. These numbers represent a bi partisan acknowledgment that there is a need ,for additional staffing within the county. In 2001, the National Fire Protection Association, or NFPA, issued the standard known as NFPA 1710. This standard sets the minimum criteria for the staffing offire fighter crews and how they respond and operate at emergency scenes. These guidelines were developed for your safety, the safety of your property and the safety of our fire fighters. NFPA 1710 requires three things 1st) that a minimum of 4 fire fighters responds on each piece of ftre apparatus, 2nd) that the fire fighters arrive at the emergency scene within 4 minutes of the dispatch center receiving the call and 3rd) that the correct number of fully staffed and strategically located fire stations must exist to accomplish this standard. The benefits of complying with this standard is that this is an insurance policy for the county, its residents and its businesses by guaranteeing that fire and emergency medical services responds promptly and appropriately during an emergency and by also protecting the community against any liability for failure in meeting the standard. This standard also enhances public safety by using the philosophy in which responding quickly to a fire, a small incident is kept small. YVhen responses take more than a few minutes, losses escalate substantially resulting in greater loss of life and property. With the current staffing levels we do not meet this standard. With an average of only two fire fighters in 10 of 11 stations within Frederick County on any given day. The fact of the matter is firefighting can be dangerous work and all of us who chose this profession knows that. But in order for us to do our job safer, NFPA and many trade organizations have developed this and many other standards to help keep the job as safe as it possibly can be. Frederick County must set forth both short and long range plan to meet this standard and help make sure that inadequate levels of staffing do not cost us the lives of any fire fighter or any citizen of Frederick County. We propose to you tonight to start the ground work by including some if not all of the 17 Minute Book Number 33 Board of Supervisors Regular Meeting of 03/26/08 284 positions that were originally requested fnr this budget cycle and for you all to figure out a designated source of revenue to continue to fund an increase in staffing to meet this national standard Each position will cost $55, 903 in salary and benefits. We ask that you fill these positions, put them in the stations and help improve the safety ofFrederick County citizens and help make sure that every fire, fighter, weather they be volunteer or career, can go home after each and every cull. Thank you for your lime. " There being no further public comments, Chairman Shickle closed the public hearing. Upon a motion by Supervisor F,wing, seconded by Supervisor Dove, the Board approved setting the real estate tax rate at the Apri19, 2008 meeting with the adoption of the budget to occur at a later date once state revenues have been determined. 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 CITIZEN COMMENTS There were no citizen comments. BOARD OF SUPERVTSORS 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 March 12, 2008 Regular Meeting. 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 COMMITTEE APPOINTMENTS NOMINATION OF GAIL MILLER AS A MEMBER OF THE LOCAL Minute Bouk Number 33 Board of Supervisors Regular Meeting of 03/26/08 285 EMERGENCY PLANNING COMMITTEE (LEPC1-APPROVED Upon a motion by Supervisor Dove, seconded by Vice-Chairman Fisher, the Board nominated Gail Miller of the Frederick County Fire and Rescue Department to replace Gary DuBrueler as a member of the Local Emergency Planning Committee (LEPC). 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 PROCLAMATION (#004-08Z. RE• APRIL 13-19, 2008 AS NATIONAL TELECOMMUNICATOR'S WEEK -APPROVED UNDER CONSENT AGENDA WHEREAS, emergencies can occur at anytime that require police, fire or emergency medical services; and WHEREAS, when an emergency occurs, the prompt response of police officers, firefighters and paramedics is critical to the protection of life and preservation of property; and WHEREAS, the safety of our police officers and firefighters is dependent upon the quality and accuracy of information obtained from citizens who telephone the Frederick County Department of Public Safety Communications Center; and WHEREAS, Public Safety Dispatchers are the first and most critical contact our citizens have with emergency services; and WHEREAS, Public Safety Dispatchers are the single vital link for our police officers and firefighters by monitoring their activities by radio, providing them information and ensuring their safety; and WHEREAS, Public Safety Dispatchers of Frederick County, Virginia have contributed substantially to the apprehension of criminals, suppression of fires and treatment of patients; and WHEREAS, each dispatcher has exhibited compassion, understanding and professionalism during the performance of their job in the past year. NOW, THEREFORE BF. IT RESOLVED, that the Board of Supervisors of Frederick County, Virginia does hereby proclaim the week of April 13-19, 2008 to be National Telecommunicator's Week in Frederick County, in honor of the men and women whose diligence and professionalism keep our county and citizens safe. ADOPTED this 26th day of March, 2008. This item was approved under the consent agenda. PROCLAMATION (#005 08) RE• APRIL 18-26 2008 AS disABILITY AWARENESS WEEK -APPROVED UNDER CONSENT AGENDA WHEREAS, the United States Congress enacted the Americans with Disabilities Act in 1990, prohibiting discrimination against people with disabilities in employment, public Minute Book Number 33 Board of Supervisors Regular Meeting of 03/26/08 286 accommodations, transportation and telecommunications; and WHEREAS, the Commonwealth of Virginia enacted the Virginians with Disabilities Act in 1985 to assure equal opportunity to persons with disabilities in the Commonwealth and it is the policy of this Commonwealth to encourage and enable persons with disabilities to participate fully and equally in the social and economic life of the Commonwealth and to engage in remunerative employment; and WHEREAS, people with disabilities often overcome common misunderstandings about their circumstances and make valuable contributions to their families and communities; and WHEREAS, disability is a natural part of the human experience, and individuals with disabilities deserve the same rights as their peers to live independently, enjoy self determination, make choices, contribute to society and participate fully in the American experience; and WHEREAS, family, friends and neighbors play a central role in enhancing the lives of people with disabilities, and people with disabilities benefit from having a network of supportive friends and. family, accommodating employers and community leaders who are aware of the needs and abilities of Virginians with disabilities; and WHEREAS, millions of people in the United States have disabilities, and with the increasing age of our population, Virginians and Americans must learn more about the special needs and abilities of this growing population; and WHEREAS, agencies and organizations throughout Virginia participate in disability awareness programs during disAbility Awareness Week to enhance public understanding of and appreciation for the limitations and abilities of people living with disabilities. NOW, THEREFORE, BE IT RESOLVED, the Frederick County Board of Supervisors does hereby proclaim the week of April 18-26, 2008 as disABILITY Awareness Week and calls this observance to the attention of all our citizens, and urge all residents to honor this occasion. AllOPTED this 26th day of March, 2008. "This item was approved under consent agenda. RESOLUTION (#052-08) OF SUPPORT FOR THE 2008-2012 CONSOLIDATED PLAN -HOME INVESTMENT PARTNERSHIP FUNDS -APPROVED UNDER CONSENT AGENDA WHEREAS, the local governments of the Northern Shenandoah Valley, in order to receive certain federal funding are required to prepare a Consolidated plan and submit the same to the US Department of Housing and Urban Development ;and WHEREAS, the local governments of the Northern Shenandoah Valley through the HOME Advisory Council have jointly prepared afive-year regional Consolidated Plan for use of HOME Investment Partnership funds covering the 2008-2012 program years, a summary copy of which is attached hereto; and WHEREAS, public meetings were held by the Consortium Advisory Council on March 17 and 19, 2008 to receive comments on the draft Consolidated Plan; and WHEREAS, the draft Consolidated Plan was made available for public review during the month of March, 2008 and public comments were solicited and received during that time; and WHEREAS, the Consortium Advisory Council has reviewed and considered the Consolidated Plan and comments received regarding the Plan; Minute Book Number 33 Board of Supervisors Regular Meeting of 03/26/08 287 NOW, THEREFORE, BE IT RESOLVED, that the Frederick County Board of Supervisors supports adoption of the 2008-2012 Consolidated Plan and authorizes the City of Winchester's Office of Housing and Neighborhood Development to submit to the US Department of Housing and Urban Development, Richmond Field Office. ADOPTED this 26th day of March, 2008. This item was approved under consent agenda. REQUEST FKOM THE COMMISSIONER OF THE REVENUF. FOR REFUND - APPROVED Administrator Riley advised the Commissioner of the Revenue requested refunds for the following: Preston I Moffett Dist. Inc. in the amount of $3,210.13 GE Capital Auto Lease in the amount of $3,645.63. He went on to say the County Attorney had reviewed same and indicated a refund appeared to be justified. Upon a motion by Supervisor DeHaven, seconded by Supervisor Ewing, the Board approved the refund request. 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 RESOLUTION (#053-08~ IN MEMORIAM OF DELEGATE ALSON "AL" HOWARD SMITH JK. -17TH AND 29TH DISTRICT OF THE COMMONWEALTH OF VIRGINIA -APPROVED Upon amotion byVice-Chairman Fisher, seconded by Supervisor Dove, the Board approved the Resolution in Memoriam of Delegate Alson "Al" Howard Smith, Jr. 17th and 29th District of the Commonwealth of Virginia. WHEREAS, Alson "Al" Howard Smith, Jr. served the citizens of Frederick County, Virginia, for twenty (20) years, from 1974 - 1994, as a member of the Virginia House of Delegates; and WHEREAS, during his tenure he held seats on numerous committees, including the House Appropriations Committee, Chairman of the Capital Outlay subcommittee, Chairman of the Mining and General Resources Committee, and member of the Corporations, Insurance, and Banking Committee; and WHEREAS, Delegate Smith was a tireless worker for not only the constituents in his Minute Book Number 33 Board of Supervisors Regular Meeting of 03/26/08 288 district, but for all of the citizens of the Commonwealth; and WHEREAS, Delegate Smith's love of community was evidenced through his civic involvement in the Winchester Jaycees, Shenandoah Apple Blossom Festival, board of directors foi the Winchester Medical Center, and board member of the Winchester and Frederick County SPCA; and WHEREAS, Delegate Smith will be long remembered as a selfless public servant who represented the best interests of his constituents and placed the Commonwealth before politics. NOW, THEREFORE BE IT RESOLVED, that the Frederick County Board of Supervisors extends it deepest sympathy to the family of Alson "Al" Howard Smith, Jr., an "Outstanding Virginian" and a friend to all who knew him. BE IT FURTHER RESOLVED, that this resolution be spread across the minutes of the Frederick County Board of Supervisors for all citizens to reflect upon the accomplishments of this citizen legislator and that a true copy of this resolution be presented to his wife and family. ADOPTED this 26th day of March, 2008. 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 APPROVED Upon a motion by Supervisor Lemieux, seconded by Supervisor DeHaven, the Board approved the Resolution in Honor of the Group AA State Champion Millbrook High School Pioneers Men's Basketball Team. WHEREAS, Millbrook High School opened its doors in 2003; and WHEREAS, during the ensuing five years, its athletic teams have quickly become some the best in the District and the State; and WHEREAS, on March 15, 2008 the Millbrook IIigh School Men's Basketball 'Team achieved the pinnacle of greatness by becoming the first area team to win the Group AA State Championship; and WHEREAS, Coach Scott Mankins and the Millbrook High School Men's Basketball team represented this community with distinction and honor throughout the State Basketball Tournament; and WHEREAS, this team achieved this honor through hard work, dedication, and true sportsmanship, which has brought favorable recognition upon themselves, their school, and their community. Minute Book Number 33 Board of Supervisors Regular Meeting ot03/26/08 289 NOW, THEREFORE BE IT RESOLVED, that the Frederick County Board of Supervisors offers its congratulations to the coaches and players of this team for a job well done; and, BE IT FURTHER RESOLVED, that a true copy of this resolution be presented to the coaches and the team. ADOPTF,D this 26th day of March, 2008. 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 COMMITTEF. REPORTS LANDFILL OVERSIGHT COMMITTEE REPORT - APPROVED UNDER CONSENT AGENDA The Landfill Oversight Committee met on Monday, March 17, 2008, at 8:00 a.m. All committee members were present except Stuart Masters. The following items were discussed: 1. Allocation of Funds from B.F.I. Settlement The committee reviewed and unanimously endorsed the allocation of funds generated from the B.F.I. settlement as outlined in the attached memorandum dated March 14, 2008. (Attachment 1) 2. Sludge Disposal Rate In response to an informal request from the Director of the Frederick-Winchester Service Authority, Jesse Moffett, the committee discussed the current sludge disposal fee. The sludge disposal fee was established last year at a rate of $24 per ton. The informal request suggested that the rate be lowered to $18 per ton. After discussing this issue at length, it was decided to maintain the current rate. 3. Status of Green Credit Contract Mr. Ron Kimble, environmental manager, indicated that the contract to sell green credits should be finalized within the next two weeks. The contract will be between Frederick County and an L.L.C. consisting of AES and the General Electric Company. The landfill will be reimbursed at the rate of two (2) dollars per metric tons of destroyed C02 equivalents. 4. Proiect Updates a. Scalehouse 'The new Scalehouse project is currently being designed by SCS Engineers, Inc. The new facility will include dual scales to accommodate the inflow and outflow of traffic and will be constructed parallel to the existing scales which will be maintained in service during construction. It is anticipated that construction will commence during the first quarter of Fiscal Year 2008/2009 with a budget estimate of $600,000. b. Truckwash Minute Book Number 33 Board of Supervisors Regular Meeting of 03/26/08 290 A truckwash to minimize the offsite transport of sediments will also be constructed in Fisca Year 2008/2009. The design of the truckwash will include a prefab wash bay, pumps, and recirculation/sedimentbasip. The truckwash will be constructed adjacent to the main haul road. The cost of this project is estimated at $500,000. c. Municipal Solid Waste Amendments The landfill is currently pursuing an amendment to our landfill permit which would allow us tc establish the base of the landfill at a greater depth. This vertical expansion would extend the life of the landfill by, at least two, (2) years. The amendment is in the final stages of review by the Department of Environmental Quality (D.E.Q.). We anticipate final approval on or before October 1, 2008. d. Research, Development and Demonstration (RDD) Amendment As part of the above amendment to our #529 landfill permit, we have added an RDD component which would allow us to recirculate leachate on that portion of the landfill underlain by an alternative liner system. This component will be reviewed in conjunction with our vertical expansion amendment. e. Power Generation We are proceeding with the design and permitting of a co-generation facility fueled by the landfill gas. The generators and infrastructure are being design by SCS Engineers, Inc. to accommodate an initial production of 1.5 megawatts of electricity. Permitting of these generators will be coordinated with the D.E.Q. We are anticipating producing electricity in Fiscal Year 2009/2010. f. Leachate Pumping Because of anticipated changes in future wastewater treatment regulations, we are currently pursuing a force main to convey the pre-treated leachate to the Opequon Wastewater Treatment Facility. Based on the results of a recent pilot study funded jointly by the landfill, Mr. Jesse Moffett has indicated that the Opequon facility can adequately treat the leachate wastewater. We are currently working with the Frederick County Sanitation Authority to obtain the necessary capacity to accommodate an average pumping rate of 100,000 gallons per day. We are also in the process of obtaining the necessary easements to accommodate the construction of a four (4) inch force main. The construction of the force main which will be approximately 10,000 feet in length will also include upgrading an existing pump station operated by the sanitation authority. PUBLIC SAFETY COMMITTEE REPORT - APPROVEll A meeting of the Public Safety Committee was held on Thursday, March 13, 2008 beginning at 8:30 a.m. Committee members present were: Committee Chairman Gary Dove, County Administrator John Riley, Fire & Rescue Association President Mike Cline, Fire & Rescue Acting Director Tim Welsh, Sheriff Robert Williamson, Supervisor Gene Fisher, Helen Lake, Michael IIockman, Ann Lloyd and Brenda Vance. Also in attendance were Public Safety Communications Director LeeAnna Pyles and Emergency Management Specialist Gail Miller. The following items were discussed: ***Additions to the Agenda*** Mr. Riley added the Mutual Aid Agreement/Automatic Aid Agreement between the City and County (in regards to Fire and Rescue). *** Items Requiring Board Action *** Minute Book Number 33 Board of Supervisors Regular Meeting of 03/2G/08 291 1. Mutual Aid and Automatic Aid Agreements -Approved Tim Welsh also distributed the Mutual Aid and Automatic Aid Agreements and briefed the Committee regarding same (See attached). Mutual Aid is the standard response agreement for major events. Automatic Aid is a memorialization of what is currently taking place where in the closest unit is dispatched based on the call. These Agreements have gone before the Chiefs' Working Group and are ready to be brought to the Board. A motion was made by Gary Dove to forward the Committee's endorsement of the Agreement to the Board. This was seconded by Helen Lake and unanimously approved. Upon a motion by Supervisor Dove, seconded by Supervisor DeHaven, the Board approved the Mutual Aid and Automatic Aid Agreements. 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 ***Items Not Requiring Action*** 1. Emergency Management Preparedness Gail Miller presented the Committee with information regarding Emergency Management Preparedness (See Attached). The handout outlined: > Emergency Operations Plan (EOP) -This plan is to be updated to reflect changes in the National response Framework and revised Commonwealth EOP. This is to be completed by the end of June. > Pandemic Flu Plan - "Phis plan is almost complete. Gail is working with Paula in HR regarding policies and procedures (e.g. leave time, pay restrictions, liability, etc). > NIMS compliance -Working on this with all departments including FCPS. The matter of who and what level of training is being discussed. Mr. Dove asked if all of the Board needs to be trained and at what level. John Riley stated that he is the "deputy" and has taken 3 courses so far. Mr. Riley will be relaying the information updates to the Board via e-mail and meetings as events occur. Sheriff Williamson interjected that the classes arc very thorough and provide ample information on the 300/400 class. Ms. Miller stated that this is a classroom only training and lasts 2 ~ full days. > EOC - We are in the process of getting all the forms and reports updated. When the EOP is complete and updated, we will schedule EOP training. This will provide a primary, secondary and backup person for each function assigned. We are planning to set up training for late summer or early fall. > GIS mapping -All the maps are currently available in the EOC. Working on updates to reflect flood plan maps, evacuation routes, corridors, cell towers, etc. for emergency situations. Minute Book Number 33 Board of Supervisors Regular Meeting of 03/26/08 292 > FCPS and Sheltering - Ms Miller stated that Ms Taylor, FCPS Superintendent, is eager to work with us on the training. The use of school sites on "Teacher Workshop Days" is being discussed as a place to hold training exercises for shelter operations. On April 4, there will shelter operations training for all Social Services personnel provided by the Red Cross. A seminar is planned for the fall. The goal is to hold a full exercise at a school within 3 years. Also looking at the sheltering options for pets. Mr. Dove discussed the addition of faith based organizations as being an excellent resource in the sheltering situation. Gail stated that she is working with the churches now on this plan. > Region 7 Evacuation Plan - We are awaiting the full evacuation plan of Region 7 which includes Northern Virginia and when this posts, we will look further into it. In case of an emergency ofthis magnitude, at least 300,000 persons will converge into the County and the implements of this will need to be worked on and the issues addressed accordingly. 2. Microwave Link LeeAnna Pyles, the Director of Public Safety Communications addressed the Committee on the Microwave Link progress. At this time, Ms. Pyles stated that the ]inks are up but are not functioning properly. The links keep faulting, due to mis-wiring, cards in backwards, etc. -and this problem is being addressed and corrected. The link is triangular and runs a loop from the PSC building to Brown Ln. (Clearbrook) to North Mountain (ShawneeLand) to Tasker (Sanitation Authority). Mr. Riley stated that this is a high priority in regards to the calls to Public Safety personnel and it should be big improvement once completed. 3. Update re: Fire & Rescue Services John Riley and Tim Welsh updated the Committee on the fire and rescue issues currently being discussed with the volunteer companies as well as the addition of Chapter 89 into the Frederick County Code which establishes the Fire and Rescue Department. Mr. Riley stated we are working on a communication protocol with the Fire & Rescue Association and the Working Group incorporating volunteer communications as well. These communications include mobile and portable radio equipment purchased in part from Grant funded programs. G.I.S. has completed the 1 st due response areas for each volunteer fire and rescue company and is working with the volunteer Fire Chief's to complete the 2nd-10th due response areas. These response area assignments establish the next closest fire and rescue company if one is not available (example - if a company's 2nd is out, it will roll to the 3rd due and so on). Other business: Mr. Dove commended Sheriff Williamson and his staff regarding the Handley High School incident. Gail Miller commented on the positive feedback regarding the Millbrook High School (the following day) she has received. The Committee has decided to hold PSC meetings every 2 months for the time being. These meetings will be held on the 2nd Thursday. Sheriff Williamson mentioned that during the Apple Blossom Festival this year, patrol will be down due to overtime hours and budget restraints. Next Meeting Date: The next Public Safety Committee meeting is scheduled for 'I~hursday May 8th, 2008 at 8 AM FINANCE COMMITTEE REPORT -APPROVED Minute Bouk Number 33 Board of Supervisors Regular Meeting of 03/26/08 293 The Finance Committee met in the First Floor Conference Room at 107 North Kent Street on Wednesday, March 19, 2008 at 8:00 a.m. Member Richie Wilkins was absent. Items 3, 5, and 9 were approved under consent agenda. Upon a motion by Supervisor Ewing, seconded by Supervisor DeHaven, the Board approved the consent agenda 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 Clary A. Lofton Aye 1. The Jail Superintendent requests a Jail Fund supplemental appropriation in the amount of $219,599.07. This amount represents interest earned and unused funds from the construction bond. No local funds required. See attached memo, p. 1. 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. Ewing Aye Philip A. Lemieux Aye Gary A. Lofton Aye 2. The Jail Superintendent requests a Jail Fund supplemental appropriation in the amount of $468,836. "Phis amount represents funds needed for emergency HVAC repair, debt service reimbursement, overtime costs, inmate medical costs and the purchase of security system video equipment. See attached memo, p. 2-3. 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. F,wing Aye Philip A. Lemieux Aye Gary A. Lofton Aye 3. The Sheriff requests a General Fund supplemental appropriation in the amount of $1,571.50. This amount represents reimbursement for DARE t-shirts and a donation to the DARE program. No local funds needed. See attached memo, p. 4-5. The committee recommends approval. - Approved Under Consent Agenda 4. The Sheriff requests a General Fund supplemental appropriation in the amount of $8,506.13. "Phis amount represents proceeds from the Sheriff's surplus sale. No local funds needed. See attached memo, p. 6. The committee recommends approval. -Approved Minute Book Number 33 Board of Supervisors Regular Meeting of 03/26/OS 294 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 Ayc Bill M. Ewing Aye Philip A. Lemieux Aye Gary A. Lofton Aye 5. The Sheriff requests a General Fund supplemental appropriation in the amount of $20,744. This amount represents funds received from the VA State Police Meth Grant. No local funds required. See attached memo, p. 7. The committee recommends approval. -Approved Under Consent Agenda 6. The Director of Public Works requests approval of proposed fees for septic and well permits. See attached memo, p. 8-11. 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 7. The Director of Public Works requests a General Fund supplemental appropriation in the amount of $14,700. This amount represents funds needed to complete the Stephenson Road Drainage Improvements Project and will be reimbursed by VDOT. See attached memo, p. 12-13. 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 8. The Director of Public Works requests a General Fund supplemental appropriation in the amount of $9,500 to cover heating costs at the animal shelter for the remainder of the fiscal year. Local funds required. See attached memo, p. 14. 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: Minute Book Number 33 Bnard of Supervisors Regular Meeting nr03/26/08 295 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 9. The Fire & Rescue department requests a General Fund supplemental appropriation in the amount of $3,745.61. This amount represents funds from the Shingleton Trust to be disbursed to county fire companies. No local funds required. See attached memo, p. 15. The committee recommends approval. -Approved Under Consent Agenda 10. The County Administrator requests a General Fund supplemental appropriation in the amount of $3,000 to fund a partnership with SeniorNavigator.com. Local funds required. See attached information, p. 16-34. 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 Ayc Philip A. Lemieux Aye Gary A. Lofton Aye ll. The County Administrator requests a General Fund supplemental appropriation in the amount of $2,500 to support E-Government Day. Local funds required. See attached information, p. 35-39. 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, J. Aye Gary W. Dove Aye Bill M. Ewing Ayc Philip A. Lemieux Aye Gary A. Lofton Aye 12. "The Assistant County Administrator provides, for discussion, a redefined draft policy regarding cash proffers. See attached information, p. 40-41. The committee recommends adoption of the policy with minor verbiage changes. -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 Minute Book Number 33 Board of Supervisors Regular Meeting of 03/26/08 296 Bill M. Ewing Aye Philip A. Lemieux Aye Gary A. Lofton Aye 13. The County Administrator requests a General Fund supplemental appropriation in the amount of $227,300. This amount represents available funds budgeted for fringe benefits to fund crucial capital needs in the current budget. Additional funds not required. See attached memo, p. 42. 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. Ewing Aye Philip A. Lemieux Aye Gary A. Lofton Aye 14. The County Administrator requests discussion regarding the vehicle license fee for public safety personnel. See attached information, p. 43-47. The committee recommends further research on this subject and return to the Finance Committee at a future date. Member Richard Shickle cast dissenting vote. 15. The Cvunty Administrator provides possible cost saving initiatives for discussion and input. See attached memo, p. 48-49. The committee recommends approval of the initiatives. Member Richard Shickle added the possibility of reduction of paper and postage as a cost saving method. -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 Ayc Bill M. Ewing Aye Philip A. Lemieux Aye Gary A. Lofton Aye 16. The Finance Director requests consideration in presenting the budget resolution by totals due to the amount of unknown factors. The committee recommends the setting of the real estate tax rate on April 9 and the adoption of the budget resolution at a later date once revenues from the state have been determined. -Approved Following the Budget Public Hearing 17. The Parks and Recreation Director requests a General Fund supplemental appropriation in the amount of $35,000 to cover infrastructure costs associated with the air conditioning system at the new National Guard Assembly Hall. This system will be for gymnasium space at the Assembly Hall which will be available for Parks and Recreation activities. Local funds required. See attached memo, p. 50-53. The committee recommends approval. -Approved Upon a motion by Supervisor Ewing, seconded by Supervisor Lemieux, the Bvard approved the abvve request by the following recorded vote: Minute Book Number 33 Board of Supervisors Regular Meeting of 03/26/08 297 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 18. The County Administrator requests a General Fund supplemental appropriation in the amount of $62,405 for vehicles plus additional funds for associated equipment. This amount represents a portion of the BFI payment returned to Frederick County and will be used to fund new vehicles for the Sheriff's Office. Additional funds not required. See attached memo, p. 54-56. The committee recommends approval of $650,000 to fund vehicles and associated emergency equipment. The County Administrator requests that the allocation of the BFI payment be returned to the Landfill Oversight Committee for reconsideration of $871,785 used to compensate the landfill fund. - 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 19. The Sheriff requests a General Fund supplemental appropriation in the amount of $4,846.00. This amount represents a grant from the Department of Criminal Justice Services to purchase equipment for the Emergency Response Team. Additional funds not required. See attached memo, p. 57-59. 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 Gene E. Fisher Charles S. DeHaven, Jr Gary W. Dove Bill M. Ewing Philip A. Lemieux Gary A. Lofton Aye Aye Aye Aye Aye Aye Aye * * *Information Only* 1. The Finance Director provides a fund balance report. See attached, p. 60. PLANNING COMMISSION BUSINESS PUBLIC HEARINGS PUBLIC HEARING -REZONING #01-08 FOR FREDERICK COUNTY SCHOOL BOARD SUBMITTED BY GREENWAY ENGINEERING, TO REZONE 15.24 ACRES FROM THE RP ~RESIllENTiAL PERFORMANCEI DISTRICT WITH PROFFERS TO THE RP DISTRICT WITH MODIFIED PROFFERS FOR THE Minute Book Number 33 Board of Supervisors Regular Meeting of 03/26/08 298 12TH ELEMENTARY SCHOOL. THE PROPERTY ADJOINS SENSENY ROAD TO THE NORTH AND CHANNiNG DRIVE TO THE WEST. APPROXIMATELY 3 000 FEET EAST OF GREENWOOD ROAD, AND IS IDF,NTIFIED BY PROPERTY IDENTIFICATION NUMBER 55-A-206B IN THE RED BUD MAGISTERIAL DISTRICT AND REVISED MASTER DEVELOPMENT PLAN OF LYNNEHAVEN -APPROVED Senior Planner Candice Perkins appeared before the Board regarding this item. She advised this was a request to rezone 15.24 acres from RP (Residential Performance) District with proffers to RP (Residential Performance) District with modified proffers for the 12th elementary school. 'The property is located off of Charming Drive and is covered by two rezonings, Charming Drive and Bean Property. The applicant was requesting a proffer revision to allow public uses on the 15.24 acres. Senior Planner Perkins then reviewed Master Development Plan #01-08 Revised I,ynnehaven Development showing the 15.24 acres proposed for public use. She advised the biggest change in the master development plan was the school site, which would be accessed via Charming Drive. She went on to say the proposed traffic signal at the intersection of Charming Drive and Senscny Road would be installed prior to the opening of the 12th elementary school. She concluded by saying the proposed master development plan was consistent with the Zoning Ordinance and was in a form that was administratively approvable. Evan Wyatt, Greenway Engineering, and Al Orndorff, Assistant Superintendent for Administration, appeared before the Board on behalf of the applicant to answer any questions. Chairman Shickle convened the public hearing. There were no public comments. Chairman Shickle closed the public hearing. Upon a motion by Supervisor Lemieux, seconded by Vice-Chairman Fisher, the Board approved Rezoning #01-08. 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 Minute Book Number 33 Board of Supervisors Regular Meeting of 03/26/08 299 Upon a motion by Supervisor Lemieux, seconded by Vice-Chairman Fisher, the Board granted staff authority to administratively approve Master Development Plan #01-08. 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 BOARD LIAISON REPORTS There were no Board liaison reports. CITIZEN COMMENTS There were no citizen comments. BOARD OF SUPERVISORS COMMENTS There were no Board of Supervisors' comments. ADJOURN UPON A MOTION BY SUPF,RVISOR SWING, SECONDED BY SUPERVISOR llOVE, THERE BEING NO FURTHER BUSINESS TO COME BEFORE THIS BOARll, THIS MEETING IS HEREBY ADJOURNED. (8:22 P.M.) ~.~.~ Richard C. Shickle o . Ril y, r. Chairman, Board of Supervisors erk, Board of Supervisors Minutes Prepared By: ' , . ~, `- Jay . T~ bs Deputy Jerk, Board of Supervisors Minute Book Number 33 Board of Supervisors Regular Meeting of 03/26/08