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September 09 2009 Regular Meeting118 A Regular Meeting of the Frederick County Board of Supervisors was held on Wednesday, September 9, 2009 at 5:30 P.M., in the Board of Supervisors' Meeting Room, 107 North Kent Street, Winchester, VA. PRESENT Chairman Richard C. Shickle (arrived 5:35 p.m.); Vice - Chairman Bill M. Ewing; Charles S. DeHaven, Jr.; Gary W. Dove; Gene E. Fisher; Philip A. Lemieux; and Gary A. Lofton. CALL TO ORDER Vice - Chairman Ewing convened the work session. WORK SESSION RE: H1N1 VIRUS County Administrator John R. Riley, Jr. introduced Dr. Stephen Haering, Health Director for the Lord Fairfax Health District, and advised that Dr. Haering would be presenting an over view of the H1N1 influenza virus. Dr. Haering informed the Board that today's presentation would provide the following: - Broad overview of Novel H IN 1 (Swine flu); - Public Health Preparedness /Emergency Management Strategies; - What you can (and should) do to protect yourself, your loved ones, and your staff; - Agency/Department policies - All- Hazards Planning — continuity of operations; and - Discussion/question and answer period. Following Dr. Haering's presentation, Administrator Riley briefed the Board on actions taken by county staff in an effort to prepare for a possible influenza outbreak. These actions included updating departmental continuity of operations plans, flu shot clinic, and identification of critical personal and infrastructure. Following Mr. Riley's briefing, Chairman Shickle thanked Dr. Haering for his presentation and stated he and the Board were interested in additional updates. There being no further business, the work session was adjourned at 6:40 P.M. CALL TO ORDER (7:15 P.M.) Chairman Shickle called the meeting to order. INVOCATION Supervisor Dove delivered the invocation. Minute Book Number 35 Board of Supervisors Regular Meeting of 09/09/09 119 PLEDGE OF ALLEGIANCE Vice - Chairman Ewing led the Pledge of Allegiance. ADOPTION OF AGENDA — APPROVED AS AMENDED County Administrator John R. Riley, Jr. advised he had one addition to the agenda. He asked that the Board add a request to transfer revenue sharing funds from the Inverlee Way project to the Renaissance Drive project as part of the Transportation Committee report. Upon a motion by Supervisor DeHaven, seconded by Vice - Chairman Ewing, the Board approved the agenda as amended. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Bill M. Ewing Aye Charles S. DeHaven, Jr. Aye Gary W. Dove Aye Gene E. Fisher 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: - Resolution of Support — Lord Fairfax Emergency Medical Services Council, Inc. — Tab F; - Request for Installation of "Watch for Children" Signs in Glennnont Village — Tab G; and - Subdivision Waiver Request of Miller Auto Sales — Tab M. Upon a motion by Supervisor Fisher, seconded by Supervisor Lofton, the Board approved the consent agenda by the following recorded vote: Richard C. Shickle Aye Bill M. Ewing Aye Charles S. DeHaven, Jr. Aye Gary W. Dove Aye Gene E. Fisher Aye Philip A. Lemieux Aye Gary A. Lofton Aye CITIZEN COMMENTS Ron Mislowsky, Patton Harris Rust & Associates, appeared before the Board on behalf of Wright Run, LLP to reiterate their concerns from the last meeting relative to Conditional Use Permit #04 -09. He wanted to ensure there were no restrictions due to the proposed tower on this property. He stated the FAA said there would be no restrictions, but would not put that in Minute Book Number 35 Board of Supervisors Regular Meeting of 09/09/09 120 writing. He asked that the Board make this a condition of approval of the conditional use permit. BOARD OF SUPERVISORS COMMENTS There were no Board of Supervisors comments. MINUTES - APPROVED Upon a motion by Supervisor Dove, seconded by Vice - Chairman Ewing, the Board approved the minutes from the August 12, 2009 meeting. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Bill M. Ewing Aye Charles S. DeHaven, Jr. Aye Gary W. Dove Aye Gene E. Fisher Aye Philip A. Lemieux Aye Gary A. Lofton Aye COUNTY OFFICIALS EMPLOYEES OF THE MONTH AWARDS - APPROVED Upon a motion by Supervisor Dove, seconded by Supervisor Fisher, the Board approved Tyree S. Cather as Employee of the Month for August 2009. RESOLUTION ( #018 -09) TO RECOGNIZE THE FREDERICK COUNTY EMPLOYEE OF THE MONTH Tyree S. Cather 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, Tyree S. Cather who serves as a Lieutenant with the Fire & Rescue Department was nominated for Employee of the Month; and, WHEREAS, Lieutenant Cather, who has been a firefighter for 37 years and a Reserve Deputy for 13 years, is deserving of this special recognition for his passion in serving the citizens of Frederick County. In July, 2009, Lieutenant Cather was on the scene of an incident where a tree had fallen on the home, the citizen was so thankful to have him there which in turn made her feel safer until the incident was complete. - - NOW, THEREFORE BE IT RESOLVED, by the Frederick County Board of Supervisors this 9 th day of September, 2009, that Tyree S. Cather is hereby recognized as the Frederick County Employee of the Month for August 2009; and, BE IT FURTHER RESOLVED that the Board of Supervisors extends gratitude to Tyree S. Cather for his outstanding performance and dedicated service and wishes his continued Minute Book Number 35 Board of Supervisors Regular Meeting of 09/09/09 121 success in future endeavors; and, BE IT FURTHER RESOLVED, that Tyree S. Cather is hereby entitled to all of the rights and privileges associated with this award. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Bill M. Ewing Aye Charles S. DeHaven, Jr. Aye Gary W. Dove Aye Gene E. Fisher Aye Philip A. Lemieux Aye Gary A. Lofton Aye Upon a motion by Supervisor DeHaven, seconded by Supervisor Lofton, the Board approved William K. Tabler as Employee of the Month for September 2009. RESOLUTION ( #020 -09) TO RECOGNIZE THE FREDERICK COUNTY EMPLOYEE OF THE MONTH William K. Tabler 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, William K. Tabler who serves as a Correctional Officer III with the Northwestern Regional Jail was nominated for Employee of the Month; and, WHEREAS, Officer Tabler is deserving of this special recognition for assuming the Duties for the Jail's Inmate Community Workforce Supervisor while working his normal function of directing the Detention Center's Home Electronic Monitoring Program and his supervisors greatly appreciated not only this accomplishment but the attitude he displayed which is a true testament to his character and commitment to the Northwestern Regional Adult Detention Center. NOW, THEREFORE BE IT RESOLVED, by the Frederick County Board of Supervisors this 9 th day of September, 2009, that William K. Tabler is hereby recognized as the Frederick County Employee of the Month for September 2009; and, BE IT FURTHER RESOLVED that the Board of Supervisors extends gratitude to William K. Tabler for his outstanding performance and dedicated service and wishes his continued success in future endeavors; and, BE IT FURTHER RESOLVED, that William K. Tabler is hereby entitled to all of the rights and privileges associated with this award. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Bill M. Ewing Aye Charles S. DeHaven, Jr. Aye Minute Book Number 35 Board of Supervisors Regular Meeting of 09/09/09 122 Gary W. Dove Aye Gene E. Fisher Aye Philip A. Lemieux Aye Gary A. Lofton Aye Upon a motion by Supervisor Fisher, seconded by Supervisor Dove, the Board approved Beverley H. Rosato as Employee of the Month for September 2009. RESOLUTION ( #019 -09) TO RECOGNIZE THE FREDERICK COUNTY EMPLOYEE OF THE MONTH Beverley H. Rosato 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, Beverley H. Rosato who serves as Chief Administrator for the Business Division in the Commissioner of the Revenue's Office was nominated for Employee of the Month; and, WHEREAS, Ms. Rosato is deserving of this special recognition for her organizational Skills and clear - headedness in two recent events with a co- worker that has experienced severe and traumatic health issues. Ms. Rosato was able to prevent further injury to the co- worker and was there to cover both events with dispatch and direct the scene as emergency workers arrived. NOW, THEREFORE BE IT RESOLVED, by the Frederick County Board of Supervisors this 9 1h day of September, 2009, that Beverley H. Rosato is hereby recognized as the Frederick County Employee of the Month for September 2009; and, BE IT FURTHER RESOLVED that the Board of Supervisors extends gratitude to Beverly S. Rosato for her outstanding performance and dedicated service and wishes her continued success in future endeavors; and, BE IT FURTHER RESOLVED, that Beverly H. Rosato is hereby entitled to all of the rights and privileges associated with this award. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Bill M. Ewing Aye Charles S. DeHaven, Jr. Aye Gary W. Dove Aye Gene E. Fisher Aye Philip A. Lemieux Aye Gary A. Lofton Aye Following this presentation, Commissioner of the Revenue Ellen E. Murphy recognized Ms. Rosato for achieving the designation of Master Deputy Commissioner of the Revenue by reading the following: Minute Book Number 35 Board of Supervisors Regular Meeting of 09/09/09 123 "Whereas, Beverley Rosato, Chief Administrator of the Business Division of the Commissioner of the Revenue office of Frederick County, Virginia, has completed the following requirements: Certification classes for expertise in administration, taxation, and assessment of personal and business property for the county Hours of service to the office of the Commissioner of the Revenue of Frederick County beyond minimum expectations Hours of service to the Commissioner of the Revenue Association of Virginia And testing controlled and graded by the University of Virginia School for Continuing and Professional Studies, and the Weldon Cooper Center for Public Service Let it be known that Beverley Rosato has achieved the designation of Master Deputy Commissioner of the Revenue It will be required the Mrs. Rosato continues her education and service to maintain this designation. Ellen E. Murphy, Master Commissioner of the Revenue of Frederick County on behalf of the Commissioner of the Revenue Association of Virginia and the University of Virginia. " COMMITTEE APPOINTMENTS APPOINTMENT OF CHARITY N. THOMAS TO THE SHAWNEELAND SANITARY DISTRICT ADVISORY COMMITTEE TO FIL THE UNEXPIRED TERM OF MR. CLARE MULLETT - APPROVED Upon a motion by Supervisor Lofton, seconded by Supervisor DeHaven, the Board appointed Charity N. Thomas to the Shawneeland Sanitary District Advisory Committee to fill the unexpired term of Mr. Clare Mullett, said term to expire July 23, 2010. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Bill M. Ewing Aye Charles S. DeHaven, Jr. Aye Gary W. Dove Aye Gene E. Fisher Aye Philip A. Lemieux Aye Gary A. Lofton Aye APPOINTMENT OF SCOTT SIMPSON TO THE BOARD OF BUILDING APPEALS - APPROVED Upon a motion by Supervisor Lofton, seconded by Supervisor DeHaven, the Board appointed Scott Simpson to the Board of Building Appeals. This is a five year appointment, said term to expire September 9, 2014. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Bill M. Ewing Aye Charles S. DeHaven, Jr. Aye Gary W. Dove Aye Gene E. Fisher Aye Minute Book Number 35 Board of Supervisors Regular Meeting of 09/09/09 124 Philip A. Lemieux Aye Gary A. Lofton Aye APPOINTMENT OF LARRY SULLIVAN AS FREDERICK COUNTY REPRESENTATIVE TO THE HANDLEY REGIONAL LIBRARY BOARD - APPROVED Upon a motion by Supervisor Fisher, seconded by Supervisor Lofton, the Board appointed Larry Sullivan as Frederick County representative to the Handley Regional Library Board. This is a four year appointment, said term to expire November 30, 2013. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Bill M. Ewing Aye Charles S. DeHaven, Jr. Aye Gary W. Dove Aye Gene E. Fisher Aye Philip A. Lemieux Aye Gary A. Lofton Aye REAPPOINTMENT OF DEREK C. ASTON AS FREDERICK COUNTY REPRESENTATIVE TO THE CHAPTER 10 BOARD - APPROVED Upon a motion by Supervisor Dove, seconded by Supervisor Fisher, the Board reappointed Derek C. Aston as Frederick County representative to the Chapter 10 Board. This is a three year appointment, said term to expire December 31, 2012. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Bill M. Ewing Aye Charles S. DeHaven, Jr. Aye Gary W. Dove Aye Gene E. Fisher 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 the Board authorize the Treasurer to refund the following: 1. Vault/GMAC ($5,357.61) for regular proration of vehicles for 2009. 2. S Leasing Company, LLC t/a Allied Waste North America ($3,112..04) for proration of motor vehicles for 2008 misfiled by Deloitte Tax LLP and duplicated in annual filing report by including in other totals. 3. Ryder Truck Rental LT ($6,294.92) for proration of motor vehicles for 2009. 4. Roper Bros. Holdings LLC ($11,610.53) for an adjustment to real estate taxes due to the improper listing of the property's zoning classification in the 2008 tax records. 5. Coldwell Banker Premier Properties ($3,401.82) for an adjustment to the actual 2008 Minute Book Number 35 Board of Supervisors Regular Meeting of 09/09/09 125 business license after late filing in 2009. 6. Town & Country Leasing ($7,452.04) for an adjustment to part of their filing of business equipment rented to establishments in Frederick County. The County Attorney has reviewed the requests and the refunds appear justified. Upon a motion by Vice - Chairman 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 Bill M. Ewing Aye Charles S. DeHaven, Jr. Aye Gary W. Dove Aye Gene E. Fisher Aye Philip A. Lemieux Aye Gary A. Lofton Aye CORRESPONDENCE FROM COMMUNITY DEVELOPMENT PRO GRAM MANAGER, NORTHERN SHENANDOAH VALLEY REGIONAL COMMISSION RE: APPROVAL OF DOCUMENTS REGARDING COMMUNITY DEVELOPMENT BLOCK GRANT — RECOVERY (CDBG -R) FUNDS FOR THE NW WORKS NEW FACILITY. - APPROVED Administrator Riley advised the Northern Shenandoah Valley Regional Commission requested Board approval of five documents required in preparation of an award of funding through the Community Development Block Grant — Recovery Program were: - Anti - Displacement Plan; - Certification of Yearly Activity to Further Fair Housing; - Local Business and Employment Plan; - Nondiscrimination Policy; and - Section 504 Grievance Procedures and Coordinator designation. Those documents Upon a motion by Supervisor DeHaven, seconded by Supervisor Lemieux, the Board approved the five documents. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Bill M. Ewing Aye Charles S. DeHaven, Jr. Aye Gary W. Dove Aye Gene E. Fisher Aye Philip A. Lemieux Aye Gary A. Lofton Aye RESOLUTION 0016 -09) OF SUPPORT — LORD FAIRFAX EMERGENCY MEDICAL SERVICES COUNCIL, INC. — APPROVED UNDER CONSENT Minute Book Number 35 Board of Supervisors Regular Meeting of 09/09/09 126 AGENDA WHEREAS, the Lord Fairfax Emergency Medical Services Council, Inc. has served the County of Frederick, Virginia since 1978 as a non - profit organization providing services, training, and support to the EMS providers and agencies; and, WHEREAS, the Vision Statement of the Council is to establish and maintain a comprehensive and effective regional EMS system for the Northern Shenandoah Valley that provides for the health and safety of its citizens and visitors; and, WHEREAS, the mission of the Council is to promote a regional community -based emergency medical services (EMS) network that reduces premature death and disability from acute illness and injury through the coordination of local EMS resources and will be accomplished through teamwork, dedication, customer friendly staff, quality training, and by efficient and cost - effective operations; and, WHEREAS, the Council accomplishes its mission by providing planning, coordination, collaboration, and support for the regional EMS system while continuing to develop and foster meaningful regional partnerships, providing high quality EMS training, participating in state level EMS activities representing the local EMS providers, and disseminating valuable knowledge and information to the agencies it serves; NOW, THEREFORE, BE IT RESOLVED, the Board of Supervisors of the County of Frederick, VA does hereby express its appreciation and support to the Lord Fairfax Emergency Medical Services Council, Inc. for its continued service and assistance. ADOPTED this 9 1h day of September, 2009. This item was approved under the consent agenda. REQUEST FOR INSTALLATION OF "WATCH FOR CHILDREN" SIGNS IN GLENMONT VILLAGE — (RESOLUTION #021 -09) - APPROVED UNDER CONSENT AGENDA WHEREAS, the 1997 Session of the Virginia Assembly amended the Code of Virginia adding Section 33.1 -210.2 relating to the installation and maintenance of "signs alerting motorists that children may be at play nearby;" and WHEREAS, this act provides for the adoption of a resolution by the governing body of any county requesting the Virginia Department of Transportation to install and maintain this type of sign; and WHEREAS, the source of funding for the installation of this sign shall come out of the secondary system construction allocation to the affected county. The costs of maintaining such sign shall be paid out of the secondary system maintenance allocation to the affected county; and WHEREAS, Ashley Drive (Route 1145), and Ashley Circle (Route 1146), are located in a residential area and is within the secondary road system and are a viable candidate for "Watch for Children" signs; and BE IT THEREFORE RESOLVED, the Frederick County Board of Supervisors does hereby request that the Department of Transportation install "Watch for Children" signs specifically at Ashley Drive (Route 1145), from Senseny Road (Route 657) to Cul -De -Sac, a distance of 0.13 miles and Ashley Circle (Route 1146) from Ashley Drive (Route 1145) to Cul- De -Sac, a distance of 0.04 miles. The signs should be placed in accordance with the provisions of Section 33.1 -210.2 of the Code of Virginia. BE IT FURTHER RESOLVED, that a certified copy of this resolution be forwarded to the Resident Engineer for the Virginia Department of Transportation. ADOPTED, this 9 th day of September, 2009. Minute Book Number 35 Board of Supervisors Regular Meeting of 09/09/09 127 This item was approved under the consent agenda. COMMITTEE REPORTS PUBLIC WORKS COMMITTEE REPORT The Public Works Committee met on Tuesday, August 25, 2009 at 8:00 a.m. A meeting of the Green Advisory Committee immediately followed the public works committee meeting. All members were present except Gene Fisher and Gary Dove. The following items were discussed: ** *Items Requiring Action * ** 1. Disposition of Real Estate — Authorized Staff To Investigate The Sale Of Real Estate And Report Back To Committee The committee convened in closed session in accordance with the Code of Virginia §2.2- 3711 Subsection A, (3), Acquisition and Disposition of Real Estate. Upon reconvening from the closed session and unanimously certifying that only items related to the disposition of real estate were discussed in the closed session, a motion was made and unanimously endorsed to authorize staff to sell the property designated as tax map identification number 27 -A -121 on the attached plat prepared by Marsh and Legge Land Surveyors. This parcel was derived from a consolidation of property purchased by Frederick County at the intersection of Back Creek and Sand Mine Roads. (Attachment 1) Upon a motion by Supervisor Fisher, seconded by Supervisor Dove, the Board authorized staff to investigate the sale of property identified as Tax Map 27 -A -121 and bring a report back to the Public Works Committee for referral to the Board. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Bill M. Ewing Aye Charles S. DeHaven, Jr. Aye Gary W. Dove Aye Gene E. Fisher Aye Philip A. Lemieux Aye Gary A. Lofton Aye ** *Items Not Requiring Action * ** 1. Bowman Library — Discussion of HVAC Repair Options The committee reviewed options to repair /replace a chiller compressor at the Bowman Library. After thoroughly discussing the options outlined in the attached summary provided by Assistant County Administrator Kris Tierney, the committee unanimously endorsed option number 3 because of its long -term maintenance and energy saving benefits. This option will be forwarded to the finance committee for their review. (Attachment 2) 2. Miscellaneous Reports a. Tonnage Report (Attachment 3) b. Recycling Report (Attachment 4) c. Animal Shelter Dog Report (Attachment 5) d. Animal Shelter Cat Report (Attachment 6) Minute Book Number 35 Board of Supervisors Regular Meeting of 09/09/09 128 3. Green Advisory Committee Meeting Performance Contracting (PC) — a means of paying for energy efficiency projects through realized savings was discussed. The VA Department of Mines, Minerals, & Energy is providing technical assistance and State contracting templates to facilitate PC process for localities. The GAC expressed an interest in investigating PC opportunities and coordinating activities with FCPS and NRADC. Staff is developing an employee awareness program. Staff presented guiding principles for the program to check for alignment with GAC vision. These guidelines include: (1) Voluntary, (2) Able to accommodate jobs with different energy use profiles, (3) Able to allow individual participation in program content (no mass training), (4) Promote employee feedback/input, (5) promote a "culture" emphasis on energy efficiency. FINANCE COMMITTEE REPORT The Finance Committee met in the First Floor Conference Room at 107 N. Kent Street on Wednesday, August 19, 2009 at 8:00 a.m. Member Charles DeHaven was absent. 1. NW Works requests an FY 10 General Fund supplemental appropriation in the amount of $1 million for the Building Project. No local funds are required. See attached information, p. 1 -2. The committee recommends approval. - Approved Upon a motion by Vice - Chairman Ewing, seconded by Supervisor DeHaven, the Board approved the above request by the following recorded vote: Richard C. Shickle Aye Bill M. Ewing Aye Charles S. DeHaven, Jr. Aye Gary W. Dove Aye Gene E. Fisher Aye Philip A. Lemieux Aye Gary A. Lofton Aye • 3. The Winchester Regional Airport Authority requests an FY 10 Airport Capital Fund supplemental appropriation in the amount of $1.42 million All local dollars have been budgeted by the City and the County. See attached information, p. 3 -7. The committee recommends approval. - Approved Upon a motion by Vice - Chairman Ewing, seconded by Supervisor Fisher, the Board approved the above request by the following recorded vote: Richard C. Shickle Aye Bill M. Ewing Aye Charles S. DeHaven, Jr. Aye Gary W. Dove Aye Gene E. Fisher Aye Philip A. Lemieux Aye Gary A. Lofton Aye 4. The School Finance Director requests an FY 10 School Operating Fund and General Fund supplemental appropriation in the amount of $1,841,946 This amount represents a portion of the FY 09 School Operating Fund remaining balance. See attached memo, p. 8. The Minute Book Number 35 Board of Supervisors Regular Meeting of 09/09/09 129 committee forwards the request to the Board with no recommendation. -• Approved Supervisor DeHaven moved to approve the above request. The motion was seconded by Supervisor Fisher. Vice - Chairman Ewing and Supervisor Lemieux stated they could not support the request because the savings were not significant enough to justify expending the entire amount now. Supervisor Dove stated he would prefer to keep the money this year and consider the request next year. Supervisor Fisher stated this was a tough one to figure out, but this payment is something the Board would have to do over the next couple of years. He supported paying it now. Supervisor Lofton agreed with Supervisor Fisher. He stated he could support this request, knowing next year the school system might start at a lower funding point. Chairman Shickle stated he intended to support this request. He went on to say we will not know until the next two or three budget cycles what was the correct call. There being no further discussion, the Board approved the above request by the following recorded vote: 5. The Shawneeland Manager requests an FY 10 Shawneeland Fund supplemental appropriation in the amount of $56,000 This amount represents a carry forward of unspent FY 09 funds needed to complete the construction of a salt storage building. See attached memo, p. 9. The committee recommends approval. - Approved Upon a motion by Vice - Chairman Ewing, seconded by Supervisor Lofton, the Board approved the above request by the following recorded vote: Richard C. Shickle Richard C. Shickle Aye Bill M. Ewing Bill M. Ewing Nay Charles S. DeHaven, Jr. Charles S. DeHaven, Jr. Aye Gary W. Dove Gary W. Dove Nay Gene E. Fisher Gene E. Fisher Aye Philip A. Lemieux Philip A. Lemieux Nay Gary A. Lofton Gary A. Lofton Aye 5. The Shawneeland Manager requests an FY 10 Shawneeland Fund supplemental appropriation in the amount of $56,000 This amount represents a carry forward of unspent FY 09 funds needed to complete the construction of a salt storage building. See attached memo, p. 9. The committee recommends approval. - Approved Upon a motion by Vice - Chairman Ewing, seconded by Supervisor Lofton, the Board approved the above request by the following recorded vote: Richard C. Shickle Aye Bill M. Ewing Aye Charles S. DeHaven, Jr. Aye Gary W. Dove Aye Gene E. Fisher Aye Philip A. Lemieux Aye Gary A. Lofton Aye 6. The Solid Waste Manager requests an FY 10 General Fund supplemental appropriation in the amount of $15,867 This amount represents a carry forward of unspent FY 09 funds needed to complete drainage and traffic improvements at the Double Toll Gate citizens' convenience site ($15,600) and donated Litter -Thon funds ($267). See attached memo, p. 10. The committee recommends approval. - Approved Minute Book Number 35 Board of Supervisors Regular Meeting of 09/09/09 130 Upon a motion by Vice - Chairman Ewing, seconded by Supervisor Fisher, the Board approved the above request by the following recorded vote: Richard C. Shickle Aye Bill M. Ewing Aye Charles S. DeHaven, Jr. Aye Gary W. Dove Aye Gene E. Fisher Aye Philip A. Lemieux Aye Gary A. Lofton Aye 7. The Landfill Environmental Manager requests an FY 10 Landfill Fund supplemental appropriation in the amount of $200,000 This amount represents a carry forward of unspent FY 09 funds for the construction management of the landfill gas to energy project and the development of a debris management plan. See attached memo, p. 11. The committee recommends approval. - Approved Upon a motion by Vice - Chairman Ewing, seconded by Supervisor Dove, the Board approved the above request by the following recorded vote: Richard C. Shickle Aye Bill M. Ewing Aye Charles S. DeHaven, Jr. Aye Gary W. Dove Aye Gene E. Fisher Aye Philip A. Lemieux Aye Gary A. Lofton Aye 8. The Voter Registrar requests an FY 10 General Fund supplemental appropriation in the amount of $24,728 in order to purchase electronic poll books. Local funds are required. See attached memo, p. 12 -13. The committee recommends approval of $11,728. - Approved Upon a motion by Vice - Chairman Ewing, seconded by Supervisor DeHaven, the Board approved the above request by the following recorded vote: Richard C. Shickle Aye Bill M. Ewing Aye Charles S. DeHaven, Jr. Aye Gary W. Dove Aye Gene E. Fisher Nay Philip A. Lemieux Aye Gary A. Lofton Aye 9. The Court Services Director requests an FY 10 Court Services Fund supplemental appropriation in the amount of $11,086 in order to return funds to DCJS for the reduction in state aid to localities for the Pretrial Services Program. See attached information, p. 14 -15. The committee recommends approval. - Approved Upon a motion by Vice - Chairman Ewing, seconded by Supervisor DeHaven, the Board approved the above request by the following recorded vote: Richard C. Shickle Aye Bill M. Ewing Aye Charles S. DeHaven, Jr. Aye Gary W. Dove Aye Gene E. Fisher Aye Philip A. Lemieux Aye Minute Book Number 35 Board of Supervisors Regular Meeting of 09/09/09 131 Gary A. Lofton Aye 10. The Court Services Director will provide an update on the Starting Point Detox funding. See attached information, p. 16 -19. 11. The Finance Director requests approval of a change to County procurement policy which will increase the requirement for formal requests for proposals (RFP) from $30,000 to $50,000 for professional services. The State of Virginia has made this change to the Virginia Public Procurement Act. See attached Code of Virginia amendments (H), p. 20 -21. The committee recommends approval. - Approved Upon a motion by Vice - Chairman Ewing, seconded by Supervisor DeHaven, the Board approved the above request by the following recorded vote: Richard C. Shickle Aye Bill M. Ewing Aye Charles S. DeHaven, Jr. Aye Gary W. Dove Aye Gene E. Fisher Aye Philip A. Lemieux Aye Gary A. Lofton Aye TRANSPORTATION COMMITTEE REPORT The Transportation Committee met on August 24, 2009 at 8:30 a.m. Members Present Chuck DeHaven (voting) Phil Lemieux (voting) Dave Burleson (voting) James Racey (voting) George Kriz (liaison PC) Gary Oates (liaison PC) Lewis Boyer (liaison Stephens City) Members Absent Mark Davis (liaison Middletown) ** *Items Requiring Action * ** 1. I -81 Corridor Coalition Request - Approved Frederick County has been contacted by the I -81 Corridor Coalition seeking funding support from Frederick County in the amount of $1,000.00. This funding would be to support the actions of the coalition. Previously, this Committee and the Board have expressed a willingness to be part of the coalition, but this is the first time funding support has been requested The Committee discussed the request and noted that the corridor is in need of help and that there is value in the coordinated effort. One Committee member noted that there is more cost to the community in one accident than what is being requested. On a motion by Mr. Racey and seconded by Mr. Burleson, the Committee recommended that the County allocate the requested funds. Motion passed unanimously. Upon a motion by Supervisor DeHaven, seconded by Supervisor Lemieux, the Board approved the above request from the I -81 Corridor Coalition Request. Supervisor Lofton asked if this committed us to future funding. Minute Book Number 35 Board of Supervisors Regular Meeting of 09/09/09 13 Supervisor DeHaven said no, but if they make progress then we might see future requests. Chairman Shickle stated he was apprehensive and felt the group needed to produce something for this money. The above motion was approved by the following recorded vote: Richard C. Shickle Nay Bill M. Ewing Aye Charles S. DeHaven, Jr. Aye Gary W. Dove Aye Gene E. Fisher Aye Philip A. Lemieux Aye Gary A. Lofton Aye 2. DRPT Rail Access Funds Support Request — (Resolution #022 -09) - Approved This is a request for a County Resolution of Support for Annandale Millwork to apply for DRPT rail access funding for their project. DRPT manages rail access funds that function in much the same way as the VDOT Economic Development Access (formerly known as Industrial Access Funds) with which you may be familiar. This project would add additional rail access in the Kernstown/Shady Elm Road area which would allow Annandale to expand their business and potentially develop new business. The requested resolution will allow Annandale to meet the requirements necessary to make application for these funds. In discussing this item, the Committee clarified that no funds are needed from Frederick County. Staff noted that there were no funds needed from Frederick County. Staff also noted that there are no competing requests at this time. Following discussion, Mr. Racey made a motion, seconded by Mr. Lemieux, that the Committee recommends that the Board pass a Resolution of Support for this application. Resolution attached. Upon a motion by Supervisor DeHaven, seconded by Supervisor Fisher, the Board approved the resolution by the following recorded vote: WHEREAS, Annandale Millwork has expressed its intent and desire to the Board of Supervisors to locate its commercial business or industrial operations in Frederick County; and WHEREAS, Annandale Millwork and its operation will require rail access; and WHEREAS, the officials of Annandale Millwork have reported to the County their intent to apply for industrial access railroad track funds from the Commonwealth of Virginia's Department of Rail and Public Transportation in the amount of $450,000.00; and WHEREAS, Annandale Millwork has requested that the Board of Supervisors provide a resolution supporting its application for said funds which are administered by the Virginia Department of Rail and Public Transportation; and NOW, THEREFORE, BE IT RESOLVED, that the Board of Supervisors of Frederick County, Virginia, hereby endorses and supports the application of Annandale Millwork for $450,000 in industrial access railroad track funds; and Minute Book Number 35 Board of Supervisors Regular Meeting of 09/09/09 133 BE IT FURTHER RESOLVED THAT the Board of Supervisors hereby makes known its desire and intent to assist the Commonwealth Transportation Board in providing the maximum financial assistance to Annandale Millwork, for the purpose! of locating its business, commercial, or industrial facility in Frederick County. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Bill M. Ewing Aye Charles S. DeHaven, Jr. Aye Gary W. Dove Aye Gene E. Fisher Aye Philip A. Lemieux Aye Gary A. Lofton Aye 3. VDOT Signatory Authority — (Resolution #023 -09) - Approved A number of VDOT programs in which the County participates are now requiring a resolution from the local Board of Supervisors that grants signatory authority to the individual signing the VDOT agreements. As the County transitions into more County Managed projects, this resolution will be needed regularly. Staff is seeking a recommendation to the Board of Supervisors that a resolution be passed granting County Administrator John R. Riley, Jr., with signatory authority to execute agreements with VDOT, DRPT, FTA, and FHWA. In discussing this item, the Committee noted that the authority should lie with the position and not an individual. On a motion by Mr. Burleson and seconded by Mr. Racey, the Committee recommended passage of a resolution granting signatory authority to the County Administrator. Resolution attached. Upon a motion by Supervisor DeHaven, seconded by Supervisor Lemieux, the Board approved the resolution. WHEREAS, Frederick County has begun receiving requests for signatory authority when executing agreements with outside agencies; and WHEREAS, the County will be engaging in an increasing number of County managed projects leading to more agreements with outside agencies; and NOW, THEREFORE, BE IT RESOLVED, that the Board of Supervisors of Frederick County, Virginia, grants authority for the County Administrator to execute project administration agreements with outside agencies. This authority shall be in effect on the day of adoption. Passed this 9 1h day of September 2009. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Bill M. Ewing Aye Charles S. DeHaven, Jr. Aye Gary W. Dove Aye Gene E. Fisher Aye Minute Book Number 35 Board of Supervisors Regular Meeting of 09/09/09 134 Philip A. Lemieux Aye Gary A. Lofton Aye Revenue Sharing Application - Approved Staff recommended that that revenue sharing allocations to Inverlee Way be requested to be transferred to the Renaissance Drive revenue sharing project. Upon a motion by Supervisor DeHaven, seconded by Supervisor Lemieux, the Board approved the transfer of revenue sharing funds from Inverlee Way to Renaissance Drive. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Bill M. Ewing Aye Charles S. DeHaven, Jr. Aye Gary W. Dove Aye Gene E. Fisher Aye Philip A. Lemieux Aye Gary A. Lofton Aye ** *Items Not Requiring Action * ** 4. Double Church Road Truck Restriction Staff updated the Committee that a meeting was in the works with Warren County and VDOT and that an update would be forthcoming at the September Transportation Committee meeting. 5. Economic Development Access Road Policy Staff updated the Committee on improvements to the Economic Development Access Road Policy. These improvements increase the amount of eligible funding while reducing the amount of matching investment required. Letter attached. 6. Other Staff requested and received a recommendation of support for a grant application on behalf of the Valley Connector. However, that organization has since withdrawn their request. A new request has been submitted which will be going to the Transportation Committee in September. PUBLIC HEARING PUBLIC HEARING - OUTDOOR FESTIVAL PERMIT REOUEST OF TAMMY MASON — "GROOVIN' AT THE GROVE" CHILDREN'S BENEFIT CONCERT. PURSUANT TO THE FREDERICK COUNTY CODE, CHAPTER 86, FESTIVALS; SECTION 86 -3 C, PERMIT REOUIRED; APPLICATION; ISSUANCE OR DENIAL; FOR AN OUTDOOR FESTIVAL PERMIT. FESTIVAL TO BE HELD ON SUNDAY, SEPTEMBER 27, 2009, FROM 2:00 P.M. TO 7:00 P.M.; ON THE GROUNDS OF BELLE GROVE PLANTATION, 226 BELLE GROVE ROAD, MIDDLETOWN, VIRGINIA. PROPERTY OWNED BY THE NATIONAL TRUST FOR HISTORIC PRESERVATION. (WITHDRAWN AT THE APPLICANT'S REQUEST. PUBLIC HEARING - AN ORDINANCE TO AMEND THE FREDERICK COUNTY CODE, CHAPTER 7, ELECTIONS; ARTICLE II, ELECTION PRECINCTS; SECTION 7 -7, PRECINCTS AND RESPECTIVE POLLING PLACES ENUMERATED. THE PURPOSE OF THIS PROPOSED Minute Book Number 35 Board of Supervisors Regular Meeting of 09/09/09 135 AMENDMENT IS TO CHANGE THE NAME OF THE POLLING PLACE FOR THE CARPERS VALLEY PRECINCT FROM SENSENY ROAD ELEMENTARY SCHOOL TO SENSENY ROAD SCHOOL. - APPROVED Administrator Riley advised this was an ordinance to amend Frederick County Code, Chapter 7, Elections. The purpose of the amendment was to change the name of the polling place for the Carpers Valley precinct from Senseny Road Elementary School to Senseny Road School. Chairman Shickle convened the public hearing. There were no citizen comments. Chairman Shickle closed the public hearing. Upon a motion by Vice - Chairman Ewing, seconded by Supervisor Fisher, the Board approved the ordinance amendment. BE IT ORDAINED, that Chapter 7, Elections; Article II, Election Precincts; Section 7 -7, Precincts and Respective Polling Places Enumerated, be amended to read as follows: § 7 -7. Precincts and respective polling places enumerated. E. Shawnee Magisterial District. Precinct Polling Place Carpers Valley Precinct Senseny Road E lefnen tmy School The above motion was approved by the following recorded vote: Richard C. Shickle Aye Bill M. Ewing Aye Charles S. DeHaven, Jr. Aye Gary W. Dove Aye Gene E. Fisher Aye Philip A. Lemieux Aye Gary A. Lofton Aye PLANNING COMMISSION BUSINESS CONDITIONAL USE PERMIT #04 -09 FOR FE DERAL AVIATION ADMINISTRATION, FOR AN 80 FOOT MONOPOLE STEEL COMMUNICATIONS TOWER. THIS PROPERTY IS LOCATED AT 170 MARCEL DRIVE (OFF OF ROUTE 522 AND TASKER ROAD), AND IS IDENTIFIED WITH PROPERTY IDENTIFICATION NU MBER 76 -A -53B IN THE SHAWNEE MAGISTERIAL DISTRICT (VOTE POSTPONED FROM AUGUST 12, 2009 BOARD MEETING) — ACTION P OSTPONED UNTIL SEPTEMBER 23, 2009 MEETING Zoning and Subdivision Administrator Mark Cheran advised this item was postponed from the August 12, 2009 meeting as the applicant was not present to answer any questions. He stated the property is zoned M1 (Light Industrial) District and its current use is warehouse /office. The property is located in the East Gate Commerce Center. The proposed use is more than 100 Minute Book Number 35 Board of Supervisors Regular Meeting of 09/09/09 136 feet from residential dwellings. The Planning Commission recommended approval with the following conditions: 1. All review agency comments and requirements shall be complied with at all times. 2. The tower shall be available for co- locating public use wireless services providers. 3. A minor site plan shall be approved by Frederick County. 4. If the FAA (Federal Aviation Administration) relinquishes their lease of the property, �. the tower will be removed by the FAA. 5. In the event a telecommunications tower is not erected within twelve (12) months of the approval of this Conditional Use Permit, the CUP will be deemed invalid. 6. Any expansion or modification of this use will require a new Conditional Use Permit. He concluded by saying a representative from the FAA was present to answer questions. Al Rhett, representing the FAA, appeared before the Board regarding this application. Supervisor Fisher stated the Board had heard earlier in the evening there were no restrictions placed on adjoining properties by the FAA. Mr. Rhett responded that he believed that to be correct, but asked Supervisor Fisher to elaborate more on the restrictions. Supervisor Fisher asked if additional towers could be erected on adjacent properties. Mr. Rhett stated he could agree to that; however, the FAA's only concern is blockage of I I —_ the directional antennas. Chairman Shickle asked what the tower would be used for. Mr. Rhett responded the tower would hold a high performance microwave disk for communications. This would be a joint facility utilized by the FAA and FBI. He went on say the disk was needed to connect FBI and FAA systems at this site to a distant location. Chairman Shickle asked if this was the only tower between the two locations. Mr. Rhett responded yes. He went on to say this was a must have site and the only site, because there were people working in the warehouse where the tower will be located. He stated if the people move to another location then the tower would be taken down. Chairman Shickle asked what would happen if the conditional use permit did not get approved. Mr. Rhett responded they would lose redundant capability, but would probably remain at the location. Supervisor Fisher stated the line of sight would impact the adjacent property owners; Minute Book Number 35 Board of Supervisors Regular Meeting of 09/09/09 137 therefore, he suggested a seventh condition be added stating no restrictions would be placed on adjoining or adjacent landowners or landowners in the area as long as they do not impact the tower's line of sight. Supervisor Fisher asked if the Board needed to define the line of sight or add that condition. Mr. Mislowsky responded it would depend on the width of the line of sight. Since a private use cannot co- locate on the tower, a separate tower would have to be built if private providers want to locate there. Supervisor Fisher stated determining the line of sight would be beneficial to making a decision. Mr. Rhett advised that a four foot corridor was all he was concerned about and they could tell the adjacent property owners where the corridor would be and how it would impact their property. Supervisor DeHaven suggested also looking at the potential impact of a 50 foot structure placed in the line of sight. Supervisor Fisher suggested looking at the impact on other landowners in the area. Upon a motion by Supervisor Fisher, seconded by Supervisor Lofton, the Board postponed conditional use permit #04 -09 for two weeks, until the next meeting, and requested the applicant work with staff and Mr. Mislowsky to determine the line of sight and interference by adjacent uses on other properties. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Bill M. Ewing Aye Charles S. DeHaven, Jr. Aye Gary W. Dove Aye Gene E. Fisher Aye Philip A. Lemieux Aye Gary A. Lofton Aye SUBDIVISION WAIVER REQUEST OF MILLER AUTO SALES — APPROVED UNDER CONSENT AGENDA This was a request for a waiver from Section144 -24 C of the Frederick County Code (Subdivision) to allow this 15.2181 acre parcel to be served by a private commercial access. The property is located on the eastern side of Valley Pike in the Shawnee District. This item was approved under the consent agenda. DISCUSSION OF CONDITIONAL REZONING — (RESOLUTION #024 -09) - SENT FORWARD FOR PUBLIC HEARING Minute Book Number 35 Board of Supervisors Regular Meeting of 09/09/09 138 Senior Planner Candice Perkins appeared before the Board regarding this item. She advised the proposed amendments were discussed at the Board's July 22, 2009 meeting. The proposed revisions contain requirements for the legal form of proffer statements and a requirement that approved proffers be recorded with the Frederick County Clerk of the Circuit Court. The proposed amendments also contain provisions for modifying proffers and revised enforcement standards. She went on to say sections A and G contained new language based on the July 22, 2009 comments from the Board while sections D and E contained the changes originally submitted at the July 22, 2009 meeting. Upon a motion by Vice - Chairman Ewing, seconded by Supervisor Fisher, the Board sent this item forward for public hearing. WHEREAS, the Frederick County Planning Department has been directed to prepare modifications to Chapter 165, Zoning, Article I, Conditional rezoning ( §165- 102.06), pertaining to revisions to the procedures, addition of legal forms of proffers, recordation of proffers, and revisions to enforcement of conditions. WHEREAS, the Development Review and Regulations Committee (DRRC) recommended approval of this amendment on February 26, 2009; and WHEREAS, the Planning Commission discussed the draft ordinance on May 6, 2009 and recommended that a public hearing be held; and WHEREAS, the Frederick County Board of Supervisors finds that the draft ordinance is in the public necessity, convenience, general welfare, and good zoning practice, and directs the Frederick County Planning Commission hold a public hearing regarding amendments to Chapter 165, Zoning, Article I, Conditional rezoning ( §165- 102.06), pertaining to the to revisions to the procedures, addition of legal forms of proffers, recordation of proffers and revisions to the enforcement of conditions. NOW, THEREFORE, BE IT REQUESTED by the Frederick County Board of Supervisors that the Frederick County Planning Commission shall hold a public hearing to consider revisions to Chapter 165, Zoning, Article I, Conditional rezoning ( §165- 102.06), pertaining to revisions to the procedures, addition of legal forms of proffers, recordation of proffers and revisions to the enforcement of conditions. Passed this 9th day of September, 2009 by the following recorded vote: Richard C. Shickle Aye Bill M. Ewing Aye Charles S. DeHaven, Jr. Aye Gary W. Dove Aye Gene E. Fisher Aye Philip A. Lemieux Aye Gary A. Lofton Aye BOARD LIAISON REPORTS There were no Board liaison reports. CITIZEN COMMENTS Minute Book Number 35 Board of Supervisors Regular Meeting of 09/09/09 139 Barbara Scott, Stonewall District and resident of Regency Lakes mobile home park, appeared before the Board to discuss her concerns about the management of the mobile home park and the increases in rent. She asked the Board to enact rent controls and cited a 49% increase in her rent over the past six years. She went on to address the autonomous behavior exhibited by the parent company Hometown America. She contacted Congressman Wolf s office to voice her concern. Congressman's Wolf s staff tried to contact the parent company but their calls were never returned. Sortis Pappas, Gainesboro District, reported on his attendance at the State Corporation Commission's public hearing at Handley High School regarding the proposed PATH transmission line. He asked how West Virginia could shower our community with smoke and acid rain from their power plants. He spoke about the State Corporation Commission hearing in Richmond and reported Loudoun County had 50 interveners, West Virginia had 250, Maryland had 200, while Frederick County had one. He concluded by saying we need to do something. BOARD OF SUPERVISORS COMMENTS Supervisor Dove asked Administrator Riley to update the Board regarding the future of Detox since the city has chosen not to provide additional funding. Administrator Riley reported he had worked with the President of City Council and has identified the recidivists who were responsible for 500 visits. The City will interdict those individuals so they will not have that abuse of the system. He went on to say that we will have to reduce staff and hours of operation in order to work within the budget. Administrator Riley advised that it was his understanding the location of Detox in the city is the issue. He noted that a correctional facility has existed on that site since before the Civil War. Chairman Shickle asked if there was a way to keep hours for us arid hours for the city. Administrator Riley responded that staff would be monitoring use. He went on to say the facility would only be open Thursday through Sunday evening. Vice - Chairman Ewing stated that he found it difficult to see why the city would pay the incarceration costs at the jail versus a diversionary program. Supervisor DeHaven stated we need to work to find solutions for Detox, but the residential component needs to pay its own way. Supervisor Dove asked Mr. Riley to provide the Board with a chronology of its actions regarding PATH. Minute Book Number 35 Board of Supervisors Regular Meeting of 09/09/09 140 ADJOURN UPON A MOTION BY SUPERVISOR EWING, SECONDED BY SUPERVISOR DOVE, THERE BEING NO FURTHER BUSINESS TO COME BEFORE THIS BOARD, THIS MEETING IS HEREBY ADJOURNED. (8:55 P.M.) 1.. J Richard C. Shickle Jo iley, Jr. Chairman, Board of Supervisors CWrk, Board of Supervisors Minutes Prepared By: ` Jay Ej Ti s Deputy C erk, Board of Supervisors Minute Book Number 35 Board of Supervisors Regular Meeting of 09/09/09