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HomeMy WebLinkAboutAugust 11, 2010 Work Session with School Board and Regular Meeting Minutes026 A Joint Work Session of the Frederick County Board of Supervisors and the Frederick County School Board was held on Wednesday, August 11, 2010, at 5:30 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; Charles S., DeHaven, Jr.; Gary W. Dove; Gene E. Fisher; and Gary A. Lofton. ABSENT Christopher E. Collins. OTHERS PRESENT John R. Riley, Jr., County Administrator; Kris C. Tierney, Assistant County Administrator; Jay E. Tibbs, Deputy County Administrator; School Board members Dr. John Lamanna, Chairman; Peggy Clark; David Zerull; Melvin S. "Jim" Harmon, Jr.; Jody Wall; Stuart Wolk; and Benjamin Waterman; Patricia Taylor, Superintendent of Schools; Lisa Frye, Executive Director of Finance; Al Orndorff, Superintendent for Administration; Steve Edwards, Clerk to the School Board; and Peter Vernimb, Superintendent for Instruction. CALL TO ORDER Chairmen Shickle and Lamanna called the work session to order. Dr. Lamanna advised the purpose of this work session was to talk about the school board's capital improvements plan and to specifically look at the realities they are facing such as growth and needed repairs. Superintendent Taylor reviewed the enrollment history and enrollment projections. Assistant Superintendent Omdorff reviewed the capital improvements plan summary specifically looking at the new transportation facility, replacement Frederick County Middle School, and a fourth high school. Superintendent Taylor suggested both boards set a goal of December 31, 2010 to begin working the first three capital priorities through the process. This included getting the transportation facility to bid so both bodies would know the cost and acquisition of land for the Frederick County Middle School and fourth high school. Minute Book Number 36 Board of Supervisors Work Session with School Board and Regular Meeting of 08/11/10 027 Executive Director of Finance Lisa Frye advised that a review of the debt obligations over the next five years shows the school board could incur $40 million in borrowing over that period while keeping debt service level. Dr. Lamanna suggested Superintendent Taylor work with County Administrator John R. Riley, Jr. to come up with a plan and report back to both bodies. Chairman Shickle asked the Board if they were interested in Administrator Riley and Superintendent Taylor working together to come up with a plan to do the projects in stages while keeping debt service level. Vice - Chairman Ewing responded he was okay with that as long as no additional debt service was incurred. Supervisor Dove agreed. Supervisor DeHaven was good with the proposal, but stated we must be careful with how we proceed. Supervisor Fisher stated the plan was reasonable, but the board should pay real value for the land and not an inflated value. Supervisor Lofton stated it sounded like a good plan and it was well thought out. He asked if the priorities on the plan should be consistent if we go through this process. Assistant Superintendent Orndorff responded there might be some change in priority of projects 4 through 11, but there was not a project on the list that did not deserve to be there. Following the discussion of the capital improvements plan, Chairman Shickle noted the Board of Supervisors would be discussing the topic of illegal immigration tonight and he asked if the schools had any insight or thoughts that would benefit the board's discussion. Superintendent Taylor advised the schools cannot inquire as to the immigration status of the children being enrolled. She went on to say the number of second language learners is decreasing; however, enrollment in this program is not indicative of immigration status. Assistant Superintendent for Instruction Peter Vemimb advised that Hispanic students make up 7.9% of the student population. English as a second language students make up 1.5% of the population. He noted there are 43 different languages enrolled in Frederick County schools. The work session adjourned at 6:30 p.m. There being no further business, the Board recessed until 7:15 P.M. Minute Book Number 36 Board of Supervisors Work Session with School Board and Regular Meeting of 08/11/10 L, i (Christopher E. Collins arrived prior to the regular meeting.) REGULAR MEETING Chairman Shickle called the regular meeting to order. INVOCATION Reverend Dan Hesse, Harvesters' of Hope, delivered the invocation. 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 two changes to the agenda: - Addition of a resolution ratifying emergency ban on open air burning as Tab Fl; and - Withdrawal of the Proffer Amendment for Rezoning #06 -09 of Jordan Springs Property at the request of the applicant — Tab Q. Chairman Shickle advised the Board of an error on the agenda sheet and asked that they change the wording for Conditional Use Permit #05 -10 for AT &T Corp. from lattice telecommunications tower to monopole telecommunications tower, to reflect the language of the public hearing advertisement. Upon a motion by Supervisor Dove, 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 Christopher E. Collins Aye Charles S. DeHaven, Jr. Aye Gary W. Dove Aye Gene E. Fisher Aye Gary A. Lofton Aye CONSENT AGENDA - APPROVED Administrator Riley offered the following items for the Board's consideration under the consent agenda: - Request for Installation of "Watch for Children" Signs — Glenmont Village — Tab C; - Northwestern Community Services' Fiscal Year 2011 Performance Grant — Tab D; - Resolution of Intent to Participate in Virginia Juvenile Community Crime Control Act (VJCCCA) Program — Tab E; - Lake Holiday Sanitary District Dam Working Committee — Tab H; - Public Works Committee — Tab L; and Minute Book Number 36 Board of Supervisors Work Session with School Board and Regular Meeting of 08/11/10 029 - Road Resolution — Walnut Springs Subdivision — Tab R. Upon a motion by Supervisor DeHaven, seconded by Supervisor Fisher, the Board approved the consent agenda by the following recorded vote: Richard C. Shickle Aye Bill M. Ewing Aye Christopher E. Collins Aye Charles S. DeHaven, Jr. Aye Gary W. Dove Aye Gene E. Fisher Aye 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 Vice - Chairman Ewing, the Board approved the minutes from the July 28, 2010 regular meeting. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Bill M. Ewing Aye Christopher E. Collins Aye Charles S. DeHaven, Jr. Aye Gary W. Dove Aye Gene E. Fisher Aye Gary A. Lofton Aye COUNTY OFFICIALS COMMITTEE APPOINTMENTS REAPPOINTMENT OF JOHN R. M A R KER TO THE CONSERVATION EASEMENT AUTHORITY - APPROVED Upon a motion by Supervisor Lofton, seconded by Supervisor Fisher, the Board reappointed John R. Marker as county representative to the Conservation Easement Authority. This is a three year appointment, said term to expire September 26, 2013. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Bill M. Ewing Aye Christopher E. Collins Aye Charles S. DeHaven, Jr. Aye Gary W. Dove Aye Gene E. Fisher Aye Gary A. Lofton Aye Minute Book Number 36 Board of Supervisors Work Session with School Board and Regular Meeting of 08/11/10 03 REAPPOINTMENT OF MARY M. TURNER AS BACK CREEK DISTRICT REPRESENTATIVE TO THE HISTORIC RESOURCES ADVISORY BOARD - APPROVED Upon a motion by Supervisor Lofton, seconded by Supervisor DeHaven, the Board reappointed Mary M. Turner as Back Creek District representative to the Historic Resources Advisory Board. This is a four year appointment, said term to expire September 14, 2014. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Bill M. Ewing Aye Christopher E. Collins Aye Charles S. DeHaven, Jr. Aye Gary W. Dove Aye Gene E. Fisher Aye Gary A. Lofton Aye REQUEST FOR INSTALLATION OF "WATCH FOR CHILDREN" SIGNS — GLENMONT VILLAGE — (RESOLUTION #003 -10) - 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 of 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 of the affected county; and WHEREAS, Twinbrook Circle (Route 867), and Glenridge Road (Route 868), 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 Twinbrook Circle (Route 867), from Senseny Road (Route 657) to Dead End, a distance of 0.1 miles and Glenridge Road (Route 868) from Twinbrook Circle (Route867) to Dead End, a distance of 0.3 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 11 `' day of August, 2010. This item was approved under the consent agenda. NORTHWESTERN COMMUNITY SERVICES' FISCAL YEAR 2011 PERFORMANCE GRANT — APPROVED UNDER CONSENT AGENDA The Board approved the Fiscal Year 2011 Performance Agreement under the consent agenda. Minute Book Number 36 Board of Supervisors Work Session with School Board and Regular Meeting of 08/11/10 031- RESOLUTION ( #004 -10) OF INTENT TO PARTICIPATE IN THE VIRGINIA JUVENILE COMMUNITY CRIME CONTROL ACT VJCCA PROGRAM — APPROVED UNDER CONSENT AGENDA WHEREAS, the Virginia General Assembly enacted the Virginia Juvenile Community Crime Control Act with an effective date of January 1, 1996; and WHEREAS, it is a requirement of this Act that local plan be developed that provide for the delivery of services to juvenile(s) who come before the court as children in need of services, children in need of supervision, and delinquency, and that those plans be endorsed by a resolution of the governing body. NOW, THEREFORE, BE IT RESOLVED that the Frederick County Board of Supervisors will participate in the Virginia Juvenile Community Crime Control Act and accept funds appropriated for the purpose set forth in this Act until it notifies the Department of Juvenile Justice, in writing, that it no longer wishes to participate. BE IT FURTHER RESOLVED that the County Administrator is authorized to execute a local plan on behalf of the County of Frederick. ADOPTED this 11 day of August, 2010. This item was approved under the consent agenda. RESOLUTION #005 -10 REQUESTING FREDERICK COUNTY BE DECLARED DISASTER COUNTY DUE TO AGRICULTURAL LOSS AS A RESULT OF DROUGHT RELATED CONDITIONS. - APPROVED Administrator Riley read the resolution requesting Frederick County be declared a disaster county due to agricultural loss as a result of drought related conditions. Chairman Shickle noted that soy beans was left out of the recitals as a damaged crop and stated that should be added, if appropriate. Upon a motion by Vice - Chairman Ewing, seconded by Supervisor Lofton, the Board approved the resolution requesting Frederick County be declared a disaster county due to agricultural loss as a result of drought related conditions, with the caveat that the crop groups be reviewed and amended as appropriate. WHEREAS, extreme heat and dry weather over the past several weeks has caused damage that exceeds the threshold established for an agricultural disaster in Frederick County; and WHEREAS, the Frederick County yield of first and second cutting of grass hay are 35% below normal; and WHEREAS, the hot dry weather is forcing farmers to graze many fields that should be harvested for hay thereby increasing the future total yield loss; and WHEREAS, it is estimated that Frederick County farmers have lost at least 65 days of grazing due to the hot dry weather; and WHEREAS, due to the extreme weather conditions this past winter, the feed supply for livestock, reserve hay supply on hand, is almost non - existent and farmers are currently feeding hay that they should be storing for the 2010/2011 winter, thereby reducing the overall feed supply below what is needed; and Minute Book Number 36 Board of Supervisors Work Session with School Board and Regular Meeting of 08/11/10 032 WHEREAS, the Frederick County corn yields are estimated to be 15% below normal, but could increase if the hot dry weather continues; and WHEREAS, there are many other crops that have been damaged by the hot dry weather to include: blueberries, soy beans, green beans, apples, and peaches; and WHEREAS, the seedling mortality rates are 50 -60 percent for both hardwoods and pines; 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 drought related conditions. ADOPTED this 11 th day of August, 2010. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Bill M. Ewing Aye Christopher E. Collins Aye Charles S. DeHaven, Jr. Aye Gary W. Dove Aye Gene E. Fisher Aye Gary A. Lofton Aye RESOLUTION ( #009 -10) RATIFYING EMERGENCY BAN ON OPEN AIR BURNING- APPROVED Administrator Riley read the resolution ratifying the emergency ban on open air burning implemented by the Fire Marshal. Upon a motion by Supervisor Fisher, seconded by Supervisor DeHaven, the Board approved the resolution ratifying emergency ban on open air burning. WHEREAS, Frederick County, Virginia has not received adequate rainfall for several months, this has resulted in drought conditions that create a serious risk of widespread and dangerous uncontrollable fire spread; and WHEREAS, with such extreme dry conditions, any escaped fire would have the potential to become a major wildfire very quickly; and WHEREAS, the Board of Supervisors of Frederick County have the authority to minimize the risk of fires that could threaten lives and property; and WHEREAS, a Ban on all open air burning, both Commercial and Residential/Private is effective immediately beginning August 10, 2010, and to include without limitation, campfires, warming fires, brush piles, household trash, stumps, fields, and any other material capable of spreading fire; and WHEREAS, due to the above stated circumstances, the Frederick County Fire Marshal pursuant to Chapter 45, Article Il, Section 45 -10E of the Code of Frederick County, Virginia, implemented emergency measures and declared an emergency ban on open air burning. NOW, THEREFORE, BE IT RESOLVED that Board of Supervisors hereby ratifies the actions of the Fire Marshal that an emergency ban on open air burning be enacted and that Minute Book Number 36 Board of Supervisors Work Session with School Board and Regular Meeting of 08/11/10 033 the sole exceptions to this ban shall be the use of grills or stoves designed and used for preparing food and which contain fuel and fire within a metal or below grade container with a one quarter inch or smaller screen. Any person violating the County Issued burn ban shall be guilty of a Class 3 misdemeanor for each separate offense. BE IT FURTHER RESOLVED that this ban shall remain in effect until such time as conditions warrant the repeal of the same by the County Administrator. ADOPTED this I I" day of August, 2010. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Bill M. Ewing Aye Christopher E. Collins Aye Charles S. DeHaven, Jr. Aye Gary W. Dove Aye Gene E. Fisher Aye Gary A. Lofton Aye PERFORMANCE AGREEMENT RESOLUTION #006 -10 FOR KRAFT FOODS GLOBAL, INC AND RESOLUTION ( #007 -10) FOR APPROPRIA OF FUNDS - APPROVED Administrator Riley advised this was a request to approve a performance agreement with Kraft Foods Global, Inc. for a $40 million expansion of their existing facility in Frederick County and the creation of 100 new jobs with an average salary of $40,000 per year. He noted there were two actions required of the board: - Approval of the performance agreement; and - Approval and appropriation of funds to assist the expansion. Supervisor Lofton expressed concern that this was a multi - billion dollar multi - national company yet the county had to provide a monetary incentive to assist them with this proposed expansion. He asked if the company gave a hiring preference to Frederick County citizens since the county was providing financial assistance. Administrator Riley responded no. Upon a motion by Supervisor Dove, seconded by Supervisor Collins, the Board approved the resolution approving the local economic development incentive grant performance agreement for Kraft Foods Global, Inc. WHEREAS, Kraft Foods Global, Inc., has made known its intent to expand a manufacturing operation by making new taxable real estate and machinery and tools investments and creating new jobs; and WHEREAS, the company meets the policy guidelines of the Frederick County Economic Development Incentives Fund as established by the Winchester- Frederick County Economic Development Commission in 1995. NOW, THEREFORE, BE IT RESOLVED, that the Board of Supervisors of the County of Frederick, Virginia, does hereby approve the Local Economic Development Incentive Minute Book Number 36 Board of Supervisors Work Session with School Board and Regular Meeting of 08/11 /10 034 Grant Performance Agreement between the County of Frederick, Virginia, Kraft Foods Global, Inc., and the Industrial Development Authority of Frederick County. BE IT FURTHER RESOLVED, that the Board of Supervisors of the County of Frederick, Virginia, does authorize the Chairman to execute the Performance Agreement on its behalf. ADOPTED this 11 day of August, 2010. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Bill M. Ewing Aye Christopher E. Collins Aye Charles S. DeHaven, Jr. Aye Gary W. Dove Aye Gene E. Fisher Aye Gary A. Lofton Nay Upon a motion by Supervisor Dove, seconded by Supervisor DeHaven, the Board approved the resolution appropriating funds to assist the expansion of the manufacturing operation of Kraft Foods Global, Inc. WHEREAS, Kraft Foods Global, Inc., has made known its intent to expand a manufacturing operation by making new taxable real estate and machinery and tools investments and creating new jobs; and WHEREAS, the company meets the policy guidelines of the Frederick County Economic Development Incentives Fund as established by the Winchester- Frederick County Economic Development Commission in 1995. NOW, THEREFORE, BE IT RESOLVED, that the Board of Supervisors of the County of Frederick, Virginia, does hereby approve and appropriate the payment of $500,000.00 to the Industrial Development Authority of Frederick County, Virginia, from the Frederick County's Unreserved Fund Balance to assist the expansion of a manufacturing operation for Kraft Foods Global, Inc., in Frederick County, Virginia; and BE IT FURTHER RESOLVED, that the Board of Supervisors of the County of Frederick, Virginia, does approve and appropriate the payment of $200,000.00 to the Industrial Development Authority of Frederick County, Virginia, from the Governor's Opportunity Fund to assist the expansion of a manufacturing operation for Kraft Foods Global, Inc. in Frederick County, Virginia; and BE IT FURTHER RESOLVED, that appropriation of said funds are subject to an executed Performance Agreement outlining the required performance criteria. ADOPTED this 11 day of August, 2010. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Bill M. Ewing Aye Christopher E. Collins Aye Charles S. DeHaven, Jr. Aye Gary W. Dove Aye Gene E. Fisher Aye Gary A. Lofton Nay Minute Book Number 36 Board of Supervisors Work Session with School Board and Regular Meeting of 08/11/10 035 Supervisor Lofton stated he was not against economic development, but he had a hard time paying incentives for companies to come here with no guarantee that Frederick County residents would be hired. COMMITTEE REPORTS LAKE HOLIDAY SANITARY DISTRICT_ DAM WORKING COMMITTEE REPORT — APPROVED UNDER CONSENT AGENDA The LHSD Dam Working Committee met in the Public Works Department Conference Room on Tuesday, July 27, 2010 at 10:00 a.m. All members were present. Informational Items 1) Discussion of Financing The Committee heard from Mr. Robert Lauterberg, Managing Director of VMLNACo Finance on how spillway financing might work through his organization. The Committee will continue to evaluate the viability of this funding option, (both long term financing of the project and interim financing during the construction phase). Of particular significance is the question of whether the project would be eligible to take advantage of Build America Bonds which would make the rate offered by VMLNACo competitive with the USDA Rural Development loan program. The Committee also continues to explore what options may be available to the County to offer some type of limited moral obligation as a means of backing the spillway financing without committing tax dollars from the county taxpayers outside of the Sanitary District. 2) Discussion of Planned Spillway Construction Following up on conversations pertaining to the spillway construction cost estimate, the Committee discussed various details of the spillway construction process including dewatering, and pool height to be maintained during construction and other related issues. The Committee agreed that it would be advisable to follow -up with LHCC's engineer to discuss these issues. The next scheduled meeting of the Committee is August 24, 2010. CODE AND ORDINANCE COMMITTEE REPORT - APPROVED The Code & Ordinance Committee met on Monday, August 2, 2010 at 2:00 P.M., in the First Floor Conference Room, Board of Supervisors Meeting Room, County Administration Building, 107 North Kent Street, Winchester, Virginia. Present were Supervisor Gary A. Lofton, Chairman; Supervisor Christopher E. Collins; and Stephen G. Butler. Also present County Administrator John R. Riley, Jr.; Deputy County Administrator Jay E. Tibbs; and Ellen Murphy, Commissioner of the Revenue. The committee submits the following: ** *Items Requiring Board Action * ** 1. Proposed Amendments to the Frederick County Code, Chapter 155, Taxation,Article VI, Section 155 -29 Tax Imposed and Section 155 -30 Disposition of Taxes Collected. — Sent Forward For Public Hearing The proposed amendments are in response to legislation passed by the 2010 General Assembly that enables localities to impose a $25 fee, to be collected by the Clerk of the Circuit Court, on the recordation of lists of heirs and affidavits of real estate of intestate decedents. Upon a motion by Mr. Collins, seconded by Mr. Butler, the Committee unanimously Minute Book Number 36 Board of Supervisors Work Session with School Board and Regular Meeting of 08/11/10 036 recommended this item be forwarded to the Board of Supervisors for public hearing and adoption. (See Attachment.) Upon a motion by Supervisor Lofton, seconded by Supervisor DeHaven, the Board approved sending this item forward for public hearing. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Bill M. Ewing Aye Christopher E. Collins Aye Charles S. DeHaven, Jr. Aye Gary W. Dove Aye Gene E. Fisher Aye Gary A. Lofton Aye 2. Proposed Amendments to the Frederick County Code, Chapter 155, Taxation, Article XVIII, Section 155 -96 License Fee and Tax and New Article XXVI Short - Term Rental Property Tax. — Sent Forward for Public Hearing The proposed amendments create a new County Code Section 155 -155, which implements a new short-term rental tax, which was authorized by the 2010 General Assembly to allow localities to impose the short-term rental tax to offset revenue lost by the elimination of the personal property /business equipment taxes on short -term rental property. In addition to the new section, amendments to Section 155 -96 (C) clarify the application of license tax rates in the particular instance of businesses engaging in the sale of alcoholic beverages. Upon a motion by Mr. Butler, seconded by Mr. Collins, the Committee unanimously recommended this item be forwarded to the Board of Supervisors for public hearing and adoption. (See Attachment.) Upon a motion by Supervisor Lofton, seconded by Supervisor DeHaven, the Board approved sending this item forward for public hearing. The above motion was approved by the following recorded vote: Richard C. Shickle Nay Bill M. Ewing Aye Christopher E. Collins Aye Charles S. DeHaven, Jr. Aye Gary W. Dove Nay Gene E. Fisher Aye Gary A. Lofton Aye 3. Proposed Amendments to the Frederick County Code, Chapter 65, Checks, Fraudulent and Chapter 155, Taxation, Article I, Section 155 -4.1 Fee for Delinquent Taxes. — Sent Forward for Public Hearing The proposed amendments would bring the County Code into conformance with the State Code of Virginia to reflect the industry standard for returned checks (aka bad checks) and administrative costs associated with the locality's collection of same. Upon a motion by Mr. Collins, seconded by Mr. Butler, the Committee unanimously recommended this item be forwarded to the Board of Supervisors for public hearing and adoption. (See Attachment.) Upon a motion by Supervisor Lofton, seconded by Vice - Chairman Ewing, the Board approved sending this item forward for public hearing. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Bill M. Ewing Aye Minute Book Number 36 Board of Supervisors Work Session with School Board and Regular Meeting of 08/11/10 037 Christopher E. Collins Aye Charles S. DeHaven, Jr. Aye Gary W. Dove Aye Gene E. Fisher Aye Gary A. Lofton Aye PUBLIC SAFETY COMMITTEE REPORT — NO ACTION TAKEN A meeting of the Public Safety Committee was held on Tuesday August 3, 2010 at 8:00 a.m. Committee members present were: Committee Chairman Gary Dove, John Riley, Gene Fisher, Michael Hockman, Sheriff Bob Williamson, Fire & Rescue Chief Tim Welsh, County Attorney Rod Williams and Fire & Rescue Association President Tim Price. Also in attendance were Public Safety Communications Director LeeAnna Pyles and Emergency Management Specialist Gail Miller. The following items were discussed: ** *Discussion Items * ** 1. Proposed Consolidation of Public Safety Communications Systems with the City of Winchester (see attached): Staff provided background information to the committee with reference to the history and current operations of both the city and county emergency communications centers. The presentation also included the pros and cons of a proposed merger of the two systems. Staff explained the Request for Proposals process to include the number of respondents and the recommendation of the review committee of R. Kimball as the top selection. Chairman Dove recommended that the Public Safety Committee provide the Board of Supervisors with all of the background information pertaining to proposed consolidation of systems, to include the position paper, PowerPoint presentation, list of proposals from the consultants, and the R. Kimball Report. Mr. Hockman seconded the recommendation. The recommendation was unanimously approved. The committee was informed that the purpose of the joint meeting is to approve the hiring of a consultant to perform the feasibility study to merge the two communications centers. The action item for the two bodies would be to appropriate the funds to pay for the study. Next Meeting: A date for the next Public Safety Committee meeting was not set. Adjourn: The meeting was adjourned at 8:30 a.m. LANDFILL OVERSIGHT COMMITTEE REPORT - APPROVED The Landfill Oversight Committee met on Thursday, August 5, 2010 at 8:00 a.m. in the Landfill Office located on Landfill Road. All committee members were present, except Winchester representatives Evan Clark and Jeffrey B. Buettner. The following items were discussed: ** *Items Requiring Action * ** 1. Supplemental Appropriation. The committee unanimously endorsed a request from Mr. Steve Frye, Landfill Manager, for a supplemental appropriation in the amount of $745,000 from the Landfill Reserve Account and for the funds to be placed in line item 12 -4204- 8900-00. The justification for this request is highlighted in the attached memorandum dated July 27, 2010. (Attachment 2) In order to maintain construction progress, it was recommended that the request go directly to the Board of Supervisors for their August 11, 2010 board meeting. - Approved Minute Book Number 36 Board of Supervisors Work Session with School Board and Regular Meeting of 08/11/10 Upon a motion by Supervisor Dove, seconded by Supervisor Lofton, the Board approved I the supplemental appropriation by the following recorded vote: Richard C. Shickle Aye Bill M. Ewing Aye Christopher E. Collins Aye Charles S. DeHaven, Jr. Aye Gary W. Dove Aye Gene E. Fisher Aye Gary A. Lofton Aye ** *Items Not Requiring Action * ** 1. We reviewed the summary tonnage report for fiscal year 2009/2010. (Attachment 1) As noted in the meeting, waste tonnage is down over previous years due to the economic downturn and weak economy. 2. Project Update: a. Co- Generation Facility — The construction of the new co- generation landfill gas - to- electric facility is on schedule. All equipment is in place and the equipment is being carefully tested and inspected. The facility should be completed by September. Also, an RFP is on the street seeking a buyer of the two (2) mega- watts of electricity that will be generated by the plant. We are also coordinating with Rappahannock Electric Cooperative concerning hook -up of the power to the local electric grid. b. New Scale House — The scale house is complete and everything is working very well. We are going to pursue a remote readout terminal for the scale house. c. New Truck Wash — The truck wash is complete and has been working very well. The truck wash will help the landfill meet the new water quality standards as set by the Department of Environmental Quality (DEQ). 3. Additional projects scheduled for fiscal year 2010/2011 a. Remediate storm water infiltration on the old permit 40 landfill. b. Purchase 15,000 tons of inert leachate collection media (pea gravel) from a source in Northern Virginia since the local carbonate based limestone cannot be used as part of the liner system in our landfill. c. Upgrade the new scales by adding a remote readout terminal which would expedite the weighing process and recording of each weigh ticket. 4. We discussed the Virginia Waste Management Board's approval of a 79% increase in fees generated by tipping fees. (Attachment 3) These are fees the landfill pays directly to DEQ based on actual tonnage generated at the landfill. 5. We ended the meeting with a tour of the landfill for the committee members to observe all the current and future projects at the landfill. PUBLIC WORKS COMMITTEE REPORT — APPROVED UNDER CONSENT AGENDA The Public Works and Green Advisory Committees met on Tuesday, July 27, 2010 at 8:00 a.m. All members were present except Christopher Collins. The following items were discussed: ** *Items Not Requiring Action * ** Minute Book Number 36 Board of Supervisors Work Session with School Board and Regular Meeting of 08/11/10 039 1. Land Donation The committee reviewed an offer from Mr. Benjamin Butler, representing the Trustees in Liquidation, to convey 5.807 acres to the Parks and Recreation Department. The property is located on the south side of Valley Mill Road, was originally part of the Mill Race Estates subdivision's open space. However, the Mill Race Estates Homeowners' Association has declined an offer to accept responsibility for maintaining this property. Discussions with Mr. Matt Hott indicate that the Parks and Recreation Department does not have a current interest in this property considering that a majority of the 5.807 acres is located in the Abrams Creek flood plain. Mr. Jess Moffett, representing the Frederick - Winchester Service Authority, indicated that his organization might be interested in obtaining ownership due to the fact that they currently have a metering vault and several sewer easements on the property. County Administrator John R. Riley, Jr. indicated that he would convey the above information to Mr. Butler. (Attachment 1) 2. Energy Performance Contract Technical Audit The committee was presented with the results of the energy performance contract technical audit from Siemens. The committee investigated the merits of the proposed projects and the proposed measurement and verification plan. Points of the discussion the committee wished to have highlighted included the belief that Siemens' projections appeared conservative and that the proposal appeared to be a good opportunity to take advantage of at this time. Mr. Wilson made a motion, seconded by Mr. Wagner, to recommend the proposed "Program 2" (see below for scope summary) at a cost of $345,477 under a Performance Contract agreement with Siemens. The motion was unanimously endorsed by the committee. This motion with supporting details will be forwarded to the Finance Committee for their review and action. "Program 2" project scope which encompasses the county administration and public safety buildings and includes the following items: Lighting Retrofit Time Clock Control of Domestic Hot Water Heater Installation of Vend - misers Fan belt replacements with Synchronous Belts Replacement of 35 Perimeter Heat Pump Units in the county administration building 3. Miscellaneous Reports: a. Tonnage Report: Landfill (Attachment 2) b. Recycling Report (Attachment 3) c. Animal Shelter Dog Report (Attachment 4) d. Animal Shelter Cat Report (Attachment 5) PUBLIC HEARING PUBLIC HEARING - OUTDOOR FESTIVAL PERMIT REQUEST OF HISTORIC JORDAN SPRINGS, LLC — KOLAR WEDDING. PURSUANT TO THE FREDERICK COUNTY CODE, CHAPTER 86, FESTIVALS; SECTION 86 -3 C, PERMIT REQUIRED; APPLICATION; ISSUANCE OR DENIAL; FOR AN OUTDOOR FESTIVAL PERMIT. FESTIVAL TO BE HELD SATURDAY, SEPTEMBER 18, 2010, FROM 5:00 P.M. TO 11:00 P.M., ON THE GROUNDS OF HISTORIC JORDAN SPRINGS, 1160 JORDAN SPRINGS ROAD, STEPHENSON, VIRGINIA. PROPERTY OWNED BY GREIG D. W. AITKEN AND TONIE M. WALLACE ATIKEN. - APPROVED Minute Book Number 36 Board of Supervisors Work Session with School Board and Regular Meeting of 08/11/10 040 Administrator Riley advised this was a request for an outdoor festival permit, pursuant to Chapter 86 -3 C of the Frederick County Code, for the Kolar Wedding. The event will be held on September 18, 2010 from 5 -11:00 p.m. on the grounds of historic Jordan Springs. Chairman Shickle convened the public hearing. There were no citizen comments. Chairman Shickle closed the public hearing. Upon a motion by Supervisor DeHaven, seconded by Vice - Chairman Ewing, the Board approved the outdoor festival permit for the Kolar Wedding. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Bill M. Ewing Aye Christopher E. Collins Aye Charles S. DeHaven, Jr. Aye Gary W. Dove Aye Gene E. Fisher Aye Gary A. Lofton Aye PUBLIC HEARING - OUTDOOR F PERMIT REQUEST OF BELLE GROVE PLANTATION — NATIONAL FINALS SHEEPDOG TRIALS. PURSUANT TO THE _ FREDERICK COUNTY CODE, CHAPTER 86, FESTIVALS, SECTION 86 -3 C, PERMIT REQUIRED; APPLICATION; ISSUANCE OR DENIAL; FOR AN OUTDOOR FESTIVAL PERMIT FESTIVAL TO BE HELD SATURDAY- SUNDAY, SEPTEMBER 18, 2010 — SEPTEMBER 26, 2010 FROM 7:00 A.M. TO 5:00 P.M. DAILY, ON THE GROUNDS OF BELLE GROVE PLANTATION, 336 BELLE GROVE ROAD, MIDDLETOWN, VIRGINIA. PROPERTY OWNED BY THE NATIONAL TRUST FOR HISTORIC PRESERVATION. - APPROVED Administrator Riley advised this was an application for an outdoor festival permit, pursuant to Chapter 86 -3 C of the Frederick County Code, for the National Sheep Dog Trials. The event will take place September 18 -26, 2010 from 7:00 a.m. to 5:00 p.m. daily on the grounds of Belle Grove Plantation. Cora Gnegy, event coordinator for Belle Grove, appeared before the Board on behalf of this item. She advised this was a good opportunity for the Town of Middletown and Frederick County. Chairman Shickle convened the public hearing. There were no public comments. Chairman Shickle closed the public hearing. Upon a motion by Supervisor Lofton, seconded by Vice - Chairman Ewing, the Board approved the outdoor festival permit request of Belle Grove Plantation. The above motion was approved by the following recorded vote: Minute Book Number 36 Board of Supervisors Work Session with School Board and Regular Meeting of 08/11/10 041 Richard C. Shickle Aye Bill M. Ewing Aye Christopher E. Collins Aye Charles S. DeHaven, Jr. Aye Gary W. Dove Aye Gene E. Fisher Aye Gary A. Lofton Aye PLANNING COMMISSION BUSINESS PUBLIC HEARINGS PUBLIC HEARING - CONDITIONAL USE PERMIT_ #0 - 1 0 _ FOR SHENANDOAH MOBILE COMPANY — TIMBER RIDGE MINISTRIES, FOR A 95 FOOT MONOPOLE TELECOMMUNICATIONS TOWER. THIS PROPERTY IS LOCATED AT 2835 FRONT ROYAL PIKE (OFF OF ROUTE 522, SOUTH AT WTRM RADIO STATION), AND IS IDENTIFIED WITH PROPERTY IDENTIFICATION NUMBER 76 -A -54 IN THE SHAWNEE MAGISTERIAL DISTRICT. - APPROVED Zoning Administrator Mark Cheran appeared before the Board regarding this item. He advised this was an application for a conditional use permit to construct a 95 foot monopole telecommunication tower. The property is located at 2835 Front Royal Pike at the WTRM Radio Station. The proposed monopole tower will be in addition to an existing radio tower on the property. The property is zoned RA (Rural Areas) District. He concluded by saying 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 collocating personal wireless services providers. 3. A minor site plan shall be approved by Frederick County. 4. The tower shall be removed by the applicant or property owner within twelve (12) months of abandonment of operation. 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. 7. Aircraft Warning Lights (AWL) shall be placed on the tower. Supervisor Collins asked about the height of the existing tower. Zoning Administrator Cheran responded it was approximately 75 feet. Greg Kern, Shentel, appeared before the Board on behalf of the applicant. He noted the equipment would be housed in a fenced compound. The proposed tower would provide coverage along Route 522, as well as capacity for the residents and businesses in the area. He went on to say the site is in an area where there have been complaints of degraded or dropped service. The site has been reviewed by the EPA and Virginia Department of Historic Resources Minute Book Number 36 Board of Supervisors Work Session with School Board and Regular Meeting of 08/11/10 042 with no adverse effects on the property. He concluded by requesting the Board approve the request. Chairman Shickle convened the public hearing. There were no public comments. Chairman Shickle closed the public hearing. Upon a motion by Supervisor Fisher, seconded by Supervisor Dove, the Board approved Conditional Use Permit #04 -10. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Bill M. Ewing Aye Christopher E. Collins Aye Charles S. DeHaven, Jr. Aye Gary W. Dove Aye Gene E. Fisher Aye Gary A. Lofton Aye PUBLIC HEARING - CONDITIONAL USE P E R MIT #05 -10 FOR AT &T CORP MELISSA HELSLEY -HALL & WESLEY HELSLEY AND BRADLEY POLLACK, SUBMITTED BY GREENWAY ENGINEERING, FOR A 120 FOOT LATTICE TELECOMMUNICATIONS TOWER. THE PROPERTIES ARE LOCATED ON THE EAST SIDE OF MARTINSBURG PIKE (ROUTE 11 NORTH), APPROXIMATELY '/4 MILE NORTHEAST OF INTERSTATE Sl, EXIT 31_7, AND ARE IDENTIFIED WITH PROPERTY IDENTIFICATION NUMBERS 43 -A -130 AND 43 -A -132 IN THE STONEWALL MAGISTERIAL DISTRICT. - APPROVED Zoning Administrator Mark Cheran appeared before the Board regarding this item. He advised this was an application for a conditional use permit for a 120 foot monopole telecommunication tower. The property is located on Route 11 North approximately '/4 mile northeast of Exit 317. The property is zoned RP (Residential Performance) District. Zoning Administrator Cheran noted the Planning Commission denied the applicant's waiver request for a lattice tower. He concluded by saying the Planning Commission recommended approval of the Conditional Use Permit which would enable the construction of a 120 -foot monopole telecommunication facility 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 collocating personal wireless services providers. 3. A minor site plan shall be approved by Frederick County. 4. Prior to site plan approval, properties must be consolidated. 5. The tower shall be removed by the applicant or property owner within twelve (12) months of abandonment of operation. Minute Book Number 36 Board of Supervisors Work Session with School Board and Regular Meeting of 08/11/10 043 6. 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. 7. Any expansion or modification of this use will require a new Conditional Use Permit. 8. Aircraft Warning Lights (AWL) shall be placed on the tower. 9. The tower shall be limited to two microwave dishes. Supervisor DeHaven asked if condition 9 limited other entities from co- locating on the tower. Ty Lawson, attorney for the applicant, stated the intent was to have the tower available for co- location and condition 9 was a limitation to say there would be no more than two microwave towers, but not cell receivers. Mr. Lawson briefly reviewed the application. He stated it was brought before the board a little over one year ago; however, since that time the developmentally sensitive area line was moved, so this site is no longer in a developmentally sensitive area. Mr. Lawson went on to say the applicant thought the lattice tower was preferable from an engineering perspective and for handling the microwave dishes. He stated the lattice tower was also better to handle co- locators and was less visibly obtrusive because people could see through it. He concluded by saying the applicant was seeking approval of the application. Chairman Shickle convened the public hearing. There were no citizen comments. Chairman Shickle closed the public hearing. Supervisor Dehaven moved to approve Conditional Use Permit #05 -10, AT &T, with staff to clarify the procedures regarding lattice and monopole construction per Section 165- 204.19B of the Zoning Ordinance and any applicant affected by the changes will be allowed to come back to the Board within 120 days for reconsideration with fees to be waived. The motion was seconded by Supervisor Fisher. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Bill M. Ewing Nay Christopher E. Collins Aye Charles S. DeHaven, Jr. Aye Gary W. Dove Aye Gene E. Fisher Aye Gary A. Lofton Aye PUBLIC HEARING - PROFFER AMENDMENT FOR REZONING #06 -09 OF JORDAN SPRINGS PROPERTY, TO REVISE PROFFERS FOR 10.33 ACRES OF LAND ZONED B2 (GENERAL BUSINESS) DISTRICT WITH HISTORIC AREA (HA) OVERLAY ZONE. THIS REVISION IS INTENDED TO ADD PERMITTED USES ON THE SITE. THE PROPERTY IS LOCATED AT 1160 Minute Book Number 36 Board of Supervisors Work Session with School Board and Regular Meeting of 08/11/10 044 JORDAN SPRINGS ROAD AND FRONTS THE WEST SIDE OF JORDAN SPRINGS ROAD (ROUTE 664), AND IS IDENTIFIED BY PROPERTY IDENTIFICATION NUMBERS 44 -A -294 AND 44- A -294A (PORTIONS OF) IN THE STONEWALL MAGISTERIAL DISTRICT. — WITHDRAWN AT THE APPLICANT'S REQUEST OTHER PLANNING ITEMS ROAD RESOLUTION ( #008 -10) — WALNUT SPRINGS SUBDIVISION — APPROVED UNDER CONSENT AGENDA WHEREAS, the streets described on the attached Form AM -4.3, fully incorporated herein by reference, are shown on plats recorded in the Clerk's Office of the Circuit Court of Frederick County; and WHEREAS, the Resident Engineer of the Virginia Department of Transportation has advised this Board that the streets meet the requirements established by the Subdivision Street Requirements of the Virginia Department of Transportation; and WHEREAS, the County and the Virginia Department of Transportation have entered into an agreement on June 9, 1993, for comprehensive stormwater detention which applies to this request for addition; and NOW, THEREFORE, BE IT RESOLVED, this Board requests the Virginia Department of Transportation to add the streets described in the attached Form AM -4.3 to the secondary system of state highways, pursuant to 33.1 -229, Code of Virginia, and the Department's Subdivision Street Requirements and BE IT FURTHER RESOLVED, this Board guarantees a clear and unrestricted right -of- way, as described, and any necessary easements for cuts, fills and drainage; and BE IT FURTHER RESOLVED, that a certified copy of this resolution be forwarded to the Resident Engineer for the Virginia Department of Transportation This item was approved under the consent agenda. BOARD LIAISON REPORTS There were no Board liaison reports. CITIZEN COMMENTS There were no citizen comments. BOARD OF SUPERVISORS COMMENTS Chairman Shickle advised the staff had prepared a memo regarding illegal immigration. He noted he had received a lot of inquiries regarding this issue and he suggested sending this item to the Code and Ordinance Committee for review. He asked the Board if Frederick County needed to review this matter. Supervisor Collins supported having the Code and Ordinance Committee look at this issue. Supervisor DeHaven supported this approach as well. Vice - Chairman Ewing agreed with this approach. Minute Book Number 36 Board of Supervisors Work Session with School Board and Regular Meeting of 08/11/10 045 Chairman Shickle stated that he hoped the committee would not propose laws and /or ordinances that cannot be enforced. He went on to say he had asked Mr. Riley to review the County's hiring practices for county employees and the procurement standards to ensure illegals are not being hired. Supervisor Dove reminded everyone of the Community Forum to be held on Monday, August 16, 2010 from 7:00 -9:00 p.m. at the new Gainesboro Elementary School. Supervisor Lofton thanked the residents of Star Tannery who attended the Board's first community forum on August 2, 2010. He also thanked the Gravel Springs Lutheran Church for providing the meeting space. Vice - Chairman Ewing commended staff for their timeliness in responding to the issues raised at Star Tannery. 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. (8:20 P.M.) Richard C. Shickle o Wh.Riiey, Jr. Chairman, Board of Supervisors Jerk, Board of Supervisors Minutes Prepared By: Jay E. trig#s Deputy Clerk, Board of Supervisors Minute Book Number 36 Board of Supervisors Work Session with School Board and Regular Meeting of 08/11/10