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March 10 2010 Budget Work Session & Regular Meeting351 A Work Session of the Frederick County Board of Supervisors and the Frederick County Finance Committee was held on Wednesday, March 10, 2010 at 6:15 P.M., in the Board of Supervisors' Meeting Room, County Administration Building, 107 North Kent Street, Winchester, Virginia. PRESENT Chairman Richard C. Shickle; Vice - Chairman Bill M. Ewing; Christopher E. Collins; Charles S. DeHaven, Jr.; Gary W. Dove; and Gary A. Lofton. ABSENT Gene E. Fisher. OTHERS PRESENT John R. Riley, Jr., County Administrator; Kris C. Tierney, Assistant County Administrator; Jay E. Tibbs, Deputy County Administrator; Cheryl B. Shiffler, Finance Director; Sharon Kibler, Assistant Finance Director; Jennifer Place, Budget Analyst; Ellen E. Murphy, Commissioner of the Revenue; C. William Orndoff, Jr., Treasurer; Renny Manuel, Director of the Winchester Regional Airport; Patricia Taylor, Superintendent of Schools; Al Orndorff, Assistant Superintendent for Administration; Lisa Frye, Executive Director of Finance for Frederick County Public Schools; and Benjamin Waterman, Frederick County School Board. BUDGET WORK SESSION WITH FINANCE COMMITTEE Chairman Shickle called the work session to order and turned the presentation over to County Administrator John R. Riley, Jr. Administrator Riley advised that work session would begin with a presentation by Frederick County Public Schools followed by the Airport, with a discussion of the personal property tax on airplanes, and conclude with setting a public hearing date for the tax rate only and a review of the other handouts provided to the Board. Superintendent Taylor and Finance Director Frye presented a summary of the projected budget shortfall in the School Operating Fund. Superintendent Taylor noted the $7.1 million shortfall had been reduced. Finance Director Frye advised that under the Senate's proposal the shortfall was reduced to $2.4 million. The House's budget shows a shortfall of $2 million, but there is also a one -time payment by the locality of $2.1 million for the Virginia Retirement System differential. Thus the shortfall under the House proposal is $4.1 million. Finance Director Frye noted the main Minute Book Number 35 Board of Supervisors Budget Work Session and Regular Meeting of 03/10/10 352 component that reduced the shortfall amount is the change to the employee's rate in the Virginia Retirement System. Superintendent Taylor stated the School Board can now see some options that did not exist a month ago. She went on to say a number of the proposed budget reductions will likely be removed. These include the restoration of the 39 positions, elimination of the 1.5% pay increase, and elimination of the 1% employee contribution to the Virginia Retirement System. She concluded by saying the School Board will try to balance the budget once there is a state budget to work with. Chairman Shickle stated there are obviously some shell games going on in Richmond, but he did not know what they were. Administrator Riley stated the State was shifting radically the way VRS works. Superintendent Taylor stated the underfunding of retirement to off -set the budget short- fall was a short term solution. Chairman Shickle stated that Richmond needed to get some integrity. Administrator Riley moved the discussion on to the Airport and the personal property tax rate for airplanes. He advised the Commissioner of the Revenue took the 2010 assessments and applied different tax rates and prepared a spreadsheet showing that data. Chairman Shickle asked the Airport Director if a lower tax rate would help the airport. Director Manuel noted the Airport had limited space available, as they were 98% built out on the existing side, but could accommodate at least one additional hangar. She went on to say they had picked up some additional property on the Carper's Valley side, which could be developed in the future. With regard to the tax rate, a lower tax rate would help the airport keep existing businesses. Chairman Shickle stated he would like to find a way to neutralize the tax rate so new planes could be attracted and the county would not lose too much revenue. He asked staff to draw up scenarios regarding tax rates and have the airport comment. Administrator Riley advised the Board needs to conducts its public hearing on the tax rate on March 24, 2010 in order for the Treasurer to send out the tax bills to meet the June 5 deadline. Upon a motion by Vice - Chairman Ewing, seconded by Supervisor DeHaven, the Board set the tax rate public hearing for Wednesday, March 24, 2010 and directed staff to advertise the current rates. Minute Book Number 35 Board of Supervisors Budget Work Session and Regular Meeting of 03/10/10 353 The above motion was approved by the following recorded vote: Richard C. Shickle Aye Christopher E. Collins Aye Charles S. DeHaven, Jr. Aye Gary W. Dove Aye Bill M. Ewing Aye Gene E. Fisher Absent Gary A. Lofton Aye Chairman Shickle adjourned the work session. REGULAR MEETING CALL TO ORDER Chairman's Shickle called the regular meeting to order. INVOCATION Chairman Shickle read an e -mail from Supervisor Fisher who was in Haiti assisting victims of the earthquake. He asked for prayers for the people of Haiti as their biggest challenges were to their mental health and physical suffering. At the conclusion of the e-mail, Chairman Shickle asked those present to observe a moment of silence. PLEDGE OF ALLEGIANCE Vice - Chairman Ewing led the Pledge of Allegiance. ADOPTION OF AGENDA — APPROVED AS AMENDED Administrator Riley advised that Supervisor DeHaven had been working with representatives from Westminster- Canterbury to address the issues surrounding their conditional use permit application and has asked that this item be postponed until the April 14, 2010 meeting. Upon a motion by Supervisor DeHaven, 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 Christopher E. Collins Aye Charles S. DeHaven, Jr. Aye Gary W. Dove Aye Bill M. Ewing Aye Gene E. Fisher Absent Gary A. Lofton Aye CONSENT AGENDA - APPROVED Administrator Riley offered the Parks and Recreation Commission Report — Tab F for the Board's consideration under the consent agenda. Minute Book Number 35 Board of Supervisors Budget Work Session and Regular Meeting of 03/10/10 354 Upon a motion by Supervisor Dove, seconded by Vice - Chairman Ewing, the Board approved the consent agenda by the following recorded vote: Richard C. Shickle Aye Christopher E. Collins Aye Charles S. DeHaven, Jr. Aye Gary W. Dove Aye Bill M. Ewing Aye Gene E. Fisher Absent Gary A. Lofton Aye CITIZEN COMMENTS There were no citizen comments. BOARD OF SUPERVISORS COMMENTS There were no Board of Supervisors' comments. MINUTES - APPROVED Upon a motion by Supervisor Dove, seconded by Supervisor Collins, the Board approved the minutes from the February 16, 2010 joint meeting with the Frederick County School Board. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Christopher E. Collins Aye Charles S. DeHaven, Jr. Aye Gary W. Dove Aye Bill M. Ewing Aye Gene E. Fisher Absent Gary A. Lofton Aye Upon a motion by Vice - Chairman Ewing, seconded by Supervisor DeHaven, the Board approved the minutes from the February 17, 2010 budget work session. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Christopher E. Collins Aye Charles S. DeHaven, Jr. Aye Gary W. Dove Aye Bill M. Ewing Aye Gene E. Fisher Absent Gary A. Lofton Aye Upon a motion by Supervisor Dove, seconded by Vice - Chairman Ewing, the Board approved the minutes from the February 17, 2010 joint meeting with the City of Winchester. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Christopher E. Collins Aye Charles S. DeHaven, Jr. Aye Gary W. Dove Aye Bill M. Ewing Aye Minute Book Number 35 Board of Supervisors Budget Work Session and Regular Meeting of 03/10/10 355 Gene E. Fisher Absent Gary A. Lofton Aye COUNTY OFFICIALS EMPLOYEE OF THE MONTH AWARD FOR MARCH, 2010 — KAMRYN D. NEWLIN - (RESOLUTION #059 -10) — APPROVED Upon a motion by Supervisor Dove, seconded by Supervisor DeHaven, the Board approved Kamryn D. Newlin as Employee of the Month for March 2010. 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 that 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, Kamryn D. Newlin who serves as an Animal Caretaker I with the Frederick County Esther Boyd Animal Shelter was nominated for Employee of the Month; and WHEREAS, during the recent snow storms that Frederick County experienced, someone was needed to stay with the shelter animals to ensure that they would be cared for should no one be able to get to the shelter. Kamryn Newlin, the newest member of our full -time staff, volunteered for this responsibility; giving up the comforts of her own home to spend the night alone on an air mattress to be there for the shelter critters on February 5 th and 6 th . NOW, THEREFORE, BE IT RESOLVED, by the Frederick County Board of Supervisors this 10th day of March, 2010, that Kamryn D. Newlin is hereby recognized as the Frederick County Employee of the Month for March 2010; and BE IT FURTHER RESOLVED, that the Board of Supervisors extends gratitude to Kamryn D. Newlin for her outstanding performance and dedicated service and wishes her continued success in future endeavors; and BE IT FURTHER RESOLVED, that Kamryn D. Newlin 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 Christopher E. Collins Aye Charles S. DeHaven, Jr. Aye Gary W. Dove Aye Bill M. Ewing Aye Gene E. Fisher Absent Gary A. Lofton Aye COMMITTEE APPOINTMENTS REAPPOINTMENT OF ROBERT P. MOWERY TO THE FREDERICK COUNTY SANITATION AUTHORITY - APPROVED Minute Book Number 35 Board of Supervisors Budget Work Session and Regular Meeting of 03/10/10 356 Upon a motion by Supervisor Dove, seconded by Supervisor DeHaven, the Board reappointed Robert P. Mowery to the Frederick County Sanitation Authority. This is a four year appointment, said term to expire April 15, 2014. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Christopher E. Collins Aye Charles S. DeHaven, Jr. Aye Gary W. Dove Aye Bill M. Ewing Aye Gene E. Fisher Absent Gary A. Lofton Aye RESOLUTION 0060 -10) REQUESTING FREDERICK COUNTY BE DECLARED DISASTER COUNTY DUE TO AGRICULTURAL LOSS AS A RESULT OF RECENT WINTER STORMS - APPROVED Upon a motion by Supervisor Lofton, seconded by Vice - Chairman Ewing, the Board approved a resolution requesting Frederick County be declared a disaster county due to agricultural loss as a result of recent winter storms. WHEREAS, due to the 2009 -2010 winter snowstorms, Frederick County farmers suffered significant damage; and WHEREAS, heavy snowfall required Cow -Calf Farmers to feed an additional 33% more feed and expend significant resources to move snow in order to feed livestock; and WHEREAS, total cost due to additional feed and snow removal is 48% more than prior years; and WHEREAS, Stocker and finishing cattle likely quit gaining weight during these storms and as a result, fewer pounds of beef will be available for sale, an estimated 40 pounds lighter per head; and WHEREAS, due to the 2009 -2010 winter storms, there has been significant increase in livestock mortality; and WHEREAS, deer migrated to the orchards for food and removal of the apple buds from trees will result in fewer apples for the 2010 fall harvest, an estimated reduced yield of 12% countywide; and WHEREAS, due to snow removal from roads, an estimated 500 small sections of fencing were damaged and several structures were damaged due to the weight and drifting snow; and WHEREAS, the total cost of these snowstorms to Frederick County farmers exceeds four million dollars; and WHEREAS, Frederick County farmers need federal assistance in responding to their losses as the result of extreme weather conditions. NOW, THEREFORE, BE IT RESOLVED, by the Frederick County Board of Supervisors that the County Administrator is hereby directed to submit to Governor McDonnell a request for assistance in obtaining federal disaster designation for Frederick County, which will make available federal assistance to Frederick County farmers who have experienced additional costs, damage and losses due to the excessive snowfall. Minute Book Number 35 Board of Supervisors Budget Work Session and Regular Meeting of 03/10/10 57 ADOPTED this 10 day of March, 2010. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Christopher E. Collins Aye Charles S. DeHaven, Jr. Aye Gary W. Dove Aye Bill M. Ewing Aye Gene E. Fisher Absent Gary A. Lofton Aye EMEGENCY COMMUNICATIONS CENTERS REOUEST FOR PROPOSAL FOR CONSOLIDATION FEASIBILITY STUDY CONSULTANT — APPROVED MAKE UP OF COUNTY SELECTION COMMITTEE Administrator Riley advised this item was being presented to the Board for information only and to provide a status update. He noted the request for proposals has been prepared and is ready to be issued. Supervisor Dove wanted to see language that says Frederick County is radio system compliant, but the City is not, so there would be no confusion as to what was being sought. Administrator Riley stated the County's representatives would make sure the services procured are appropriate. Supervisor Lofton stated he would like to have item #2 under the Purpose section removed so as not to prejudice the consultant. Chairman Shickle stated he wanted to make sure the Public Safety Committee has input and he wanted the chairman of the committee involved in this process. Upon a motion of Supervisor DeHaven, seconded by Vice - Chairman Ewing, the Board approved the following County representatives to the selection committee — Chairman of the Public Safety Committee, Sheriff, Fire Chief, and Director of the Emergency Communications Center. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Christopher E. Collins Aye Charles S. DeHaven, Jr. Aye Gary W. Dove Aye Bill M. Ewing Aye Gene E. Fisher Absent Gary A. Lofton Aye COMMITTEE APPOINTMENTS PARKS AND RECREATION COMMISSION REPORT — APPROVED UNDER CONSENT AGENDA Minute Book Number 35 Board of Supervisors Budget Work Session and Regular Meeting of 03/10/10 358 The Parks and Recreation Commission met on February 16, 2010 at Jimmy's Restaurant, Rt, 50 East. Members present were: Charles Sandy, Jr., P.W. Hillyard, III, Patrick Anderson, Gary Longerbeam, and Christopher Collins Items Requiring Board of Supervisors A ction: 1. None. Submitted for Board Information Only 1. Commission By -Law Amendment — Mr. Hillyard moved to change Article 4, Section #1 of the Parks and Recreation By -Laws to read as follows: Officers Section 1: The Officers of the Commission shall be a Chairperson, Vice - Chairperson, and a Secretary (who is the Director of Parks and Recreation). The officers shall be elected at the organizational meeting, which is the first meeting of the calendar year (typically in January) to serve for one year or until a successor shall be elected. No officer shall serve more than two consecutive terms, carried unanimously (4 -0). 2. Election of Chairman — Mr. Anderson moved to nominate Mr. P.W. Hillyard, III as Chairman, seconded by Mr. Longerbeam, carried unanimously (4 -0). 3. Election of Vice - Chairman —Mr. Anderson moved to nominate Mr. Charles R. Sandy, Jr. as Vice - Chairman, seconded by Mr. Longerbeam, carried unanimously (4 -0). 4. Meeting Date Time and Place — The Commission will continue to meet the third Tuesday of each month at 7:00 p.m. in the first floor conference room, 107 N. Kent Street. 5. Annual Work Program — Mr. Anderson moved to approve the work program as submitted, second by Mr. Longerbeam, carried unanimously (4 -0). 6. July 4 th Celebration — Mr. Hillyard moved to table the motion to charge $5.00 per car for the July 4 th Event at Sherando Park until the March 2010 meeting, seconded by Mr. Longerbeam, carried unanimously (4 -0). Standing Committee Reports 1. The Building and Grounds Committee recommended that the $10,000 received from the Dogwood Village Subdivision recreational unit payment be used to replace playground equipment between the Abex and Ruritan Shelters at Sherando Park, seconded by Mr. Hillyard, carried unanimously (4 -0). PLANNING COMMISSION BUSINESS CONDITIONAL USE PERMIT #01 -10 FOR SHENANDOAH VALLEY WESTMINSTER - CANTERBURY FOR AN OFF PREMISE SIGN. THE PROPERTY IS LOCATED AT 1379 NORTH FREDERICK PIKE, AT THE INTERSECTION OF NORTH FREDERICK PIKE (ROUTE 522) AND WESTMINSTER- CANTERBURY DRIVE (ROUTE 1318), AND IS IDE NTIFIED WITH PROPERTY IDENTIFICATION NUBMER 53A -A -5 IN THE STONEWALL MAGISTERIAL DISTRICT. (VOTE POSTPONED FROM FEBRUARY 24, 2010 BOARD MEETING.) — POSTPONED UNTIL APRIL 14, 2010 MEETING This item was postponed until the April 14, 2010 meeting. Minute Book Number 35 Board of Supervisors Budget Work Session and Regular Meeting of 03/10/10 359 DISCUSSION OF PROPOSED ORDINANCE AMENDMENT — TRANSFER OF DEVELOPMENT RIGHTS (TDR). — (RESOLUTION #061 -10) - FORWARDED FOR PUBLIC HEARING WITH CORRECTIONS Senior Planner Candice Perkins appeared before the Board regarding this item. She advised that on April 22, 2009 the Board of Supervisors approved the Rural Areas Report and Recommendation as a policy component of the Comprehensive Policy Plan. One of the recommendations was to establish a Transfer of Development Rights (TDR) Program. Staff presented a draft TDR Ordinance to the Board at its December 9, 2009 meeting. Staff has since revised that ordinance to include bonuses based on where the density right is located. The proposed density bonuses are as follows: - Sending Area #I - 1 Density Right = 2 Dwelling Units - Sending Area #2 — 1 Density Right = 1.5 Dwelling Units - Sending Area #3 - 1 Density Right = 1 Dwelling Unit. She concluded by saying staff was seeking comments and direction from the Board. Supervisor DeHaven referred staff to the proposed map showing the various sending and receiving areas. He noted that Sending Area #2 is identified as parcels outside of the Urban Development Area and Sewer and Water Service Area; however, the map shows some parcels identified as Sending Area #2 within the UDA and SWSA. Senior Planner Perkins responded that was a technicality and the map would be adjusted to accurately reflect the sending areas. Supervisor Dove asked if the Board was hurting itself by requiring receiving properties to be served by State maintained roads. Senior Planner Perkins responded that the majority of RP (Residential Performance) developments require State maintained roads, but there are some private roads. She noted this provision could be expanded to include those sections in order to make the ordinance consistent with the RP (Residential Performance) regulations. Vice - Chairman Ewing asked if item C under section 165- 302.01 should also be included in section 165- 302.02. Planning Director Eric Lawrence responded yes it would be appropriate to include it in both sections. Chairman Shickle referred staff to page 2, section 165- 302.01 and asked if a correct interpretation was that a property needed to meet all of those criteria. He also asked about the requirement on page 3, section 165- 302.01 B 5. Minute Book Number 35 Board of Supervisors Budget Work Session and Regular Meeting of 03/10/10 360 Senior Planner Perkins responded the ordinance does not give rights to property that cannot be developed. Chairman Shickle asked if item A, 6 under section 165- 302.02 applied to overlay zones. Senior Planner Perkins responded the TDR ordinance would have to be modified once the Traditional Neighborhood Design overlay ordinance is developed and adopted. Chairman Shickle asked if roads and easements should be included under section 165- 302.03 A. Senior Planner Perkins responded these requirements only apply to a qualifying sending property. If a property does not qualify then it would be kicked out before reaching that point in the process. Chairman Shickle asked about the fees for this program. Senior Planner Perkins responded the fee schedule was still being developed. Chairman Shickle stated the transfer process was not clear to him and he was not sure it was treated consistently throughout the ordinance. He directed staff to rework the document regarding the transfer of rights to make it clearer and more consistent. He concluded by saying the ordinance was not quite ready until that is fixed. Supervisor DeHaven suggested this item be sent forward with staff to make the corrections since the Board would see it again before adoption. Upon a motion by Supervisor DeHaven, seconded by Supervisor Dove, the Board approved the resolution directing the Planning Commission to hold a public hearing regarding Chapter 165, Zoning; Article III Transfer of Development Rights (TDR) Program, Part 301 Establishment and Purpose; 165- 301.01 Purpose; 165- 301.02 Applicability; 165- 301.03 Right to Transfer Development Rights; General Provisions; Part 302 — Sending and Receiving Properties; 165- 302.01 Sending Properties; 165- 302.02 Receiving Properties; 165- 302.03 Calculation of Development Rights; 165- 302.04 TDR Sending Property Development Limitations; 165- 302.05 Sending Site Certification, 165- 302.06 Instruments of Transfer; Part 303 — Transfer Process and Development Procedures; 165- 303.01 Transfer Process; 165- 303.02 Development Approval Procedures; Article I General Provisions, Amendments, and Conditional Use Permits; Part 101 — General Provisions; 165- 101.02 Definitions & Word Usage with the corrections to the ordinance as outlined. Minute Book Number 35 Board of Supervisors Budget Work Session and Regular Meeting of 03/10/10 361 WHEREAS, the Frederick County Planning Department has been directed to prepare modifications to Chapter 165, Zoning to establish a Transfer of Development Rights (TDR) Program. WHEREAS, the Development Review and Regulations Committee (DRRC) recommended approval of this amendment on September 24, 2009; and WHEREAS, the Planning Commission discussed the draft ordinance on October 12, 2009 and recommended that a public hearing be held; and WHEREAS, the Frederick County Board of Supervisors finds that in the public necessity, convenience, general welfare, and good zoning practice, directs the Frederick County Planning Commission hold a public hearing regarding an amendment to Chapter 165, Zoning to establish a Transfer of Development Rights (TDR) Program. 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 to create a Transfer of Development Rights (TDR) Program, and forward a recommendation to the Board of Supervisors. Passed this 10 day of March, 2010 by the following recorded vote: Richard C. Shickle Aye Christopher E. Collins Aye Charles S. DeHaven, Jr. Aye Gary W. Dove Aye Bill M. Ewing Aye Gene E. Fisher Absent 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 VICE - CHAIRMAN EWING, SECONDED BY SUPERVISOR DOVE, THERE BEING NO FURTHER BUSINESS TO COME BEFORE THIS BOARD, THIS MEETING IS HEREBY ADJOURNED. (8:02 P.M.) Richard C. Shickle Chairman, Board of Supervisors John R.'Riley, Jr. Clerk, Board of Supervisors Minute Book Number 35 Board of Supervisors Budget Work Session and Regular Meeting of 03/10/10 362 Minutes Prepared By: <�� '�-- ��a Jay E. lribb4 Deputy Clerk, Board of Supervisors Minute Book Number 35 Board of Supervisors Budget Work Session and Regular Meeting of 03/10/10