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January 27 2011 Regular Meeting Minutes191 A Regular Meeting of the Frederick County Board of Supervisors was held on Thursday, January 27, 2011, at 7:15 P.M., in the Board of Supervisors' Meeting Room, County Administration Building, 107 North Kent Street, Winchester, Virginia. PRESENT Chairman Richard C. Shickle; Christopher E. Collins; Charles S. DeHaven, Jr.; Gary W. Dove; Bill M. Ewing; and Gene E. Fisher. ABSENT Gary A. Lofton. CALL TO ORDER Chairman Shickle called the regular meeting to order. INVOCATION Supervisor Fisher delivered the invocation. PLEDGE OF ALLEGIANCE Vice - Chairman Ewing led the Pledge of Allegiance. ADOPTION OF AGENDA - APPROVED Administrator Riley advised he had no additions or changes to the agenda. Upon a motion by Supervisor DeHaven, seconded by Vice - Chairman Ewing, the Board approved the 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 Absent CONSENT AGENDA - APPROVED Administrator Riley offered the following items for the Board's consideration under the consent agenda: - Request to cancel first board meeting in March — Tab Q - Vacation of right -of -way in Homestead Estates — Tab G; and - Road Resolution — Sovereign Village, Sections 2 and 4 — Tab H. 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 Bill M. Ewing Aye Minute Book Number 36 Board of Supervisors Regular Meeting of 01/27/11 192 Christopher E. Collins Aye Charles S. DeHaven, Jr. Aye Gary W. Dove Aye Gene E. Fisher Aye Gary A. Lofton Absent 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 DeHaven, seconded by Supervisor Dove, the minutes from the January 12, 2011 Regular Meeting were 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 Absent COUNTY OFFICIALS COMMITTEE APPOINTMENTS CHAIRMAN'S COMMITTEE ASSIGNMENTS FOR 2011 - APPROVED Chairman Shickle presented the chairman's citizen appointments: Code & Ordinance Stephen G. Butler Finance Committee Ronald E. Hottle Stephen E. Swiger Richie Wilkins Human Resources Committee Philip C. G. Farley Public Safety Committee Michael D. Hockman Charles R. "Chuck" Torpy Public Works Committee George H. Ludwig Whitney "Whit" L. Wagner Robert W. Wells James T. Wilson Minute Book Number 36 Board of Supervisors Regular Meeting of 01/27/11 193 Transportation Committee James M. Racey, II Bryon Grigsby Chairman Shickle advised he had three other applications that he was considering and he would be putting those individuals on committees as appropriate. REAPPO INTMENT OF JANE WARNER (FKA JAN WISINISKI) AS SHAWNEE DISTRICT REPRESENTATIVE TO THE SOCIAL SERVICES BOARD - APPROVED Upon a motion by Supervisor Fisher, seconded by Supervisor Dove, the Board reappointed Jane Warner as Shawnee District representative to the Social Services Board. This is a four year appointment, said term to expire June 30, 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 Absent RE UEST TO CANCEL FIRST BOARD OF SUPERVISORS MEETING IN MARCH — APPROVED UNDER CONSENT AGENDA The Board cancelled the March 9, 2011 Board of Supervisors' meeting. This item was approved under the consent agenda. RE UEST FROM COMMISSIONER OF THE REVENUE FOR REFUND - APPROVED Administrator Riley advised the Commissioner of the Revenue requested a refund for Lake Holiday Estates in the amount of $14,063.60 for an adjustment to the assessment of assets made by the State Corporation Commission on the annual report of utility property. The county attorney has reviewed same and the refund appears to be justified. Upon a motion by Vice - Chairman Ewing, seconded by Supervisor Fisher, the Board approved the refund request. 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 Absent COMMITTEE REPORTS Minute Book Number 36 Board of Supervisors Regular Meeting of 01/27/11 194 FINANCE COMMITTEE REPORT - APPROVED The Finance Committee met in the First Floor Conference Room at 107 North Kent Street on Wednesday, January 19, 2011 at 8:00 a.m. A budget work session immediately followed. Items 2 and 4 were approved under consent agenda. Member Gary Lofton was absent. Upon a motion by Vice - Chairman Ewing, seconded by Supervisor DeHaven, 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 Absent 1. The Winchester Regional Airport Director requests an Airport Capital Fund (Fund 85) supplemental appropriation in the amount of $8,330,000 This amount represents projects programmed for federal and state grants. See attached information, p. 1 -6. The committee recommended advertising this request for public hearing. — Approved. Upon a motion by Vice - Chairman Ewing, seconded by Supervisor Fisher, the Board approved advertising this request for public hearing 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 Absent 2. The Sheriff requests a General Fund supplemental appropriation in the amount of $2,353.10 This amount represents DARE donations and t -shirt sales. No local funds are needed. See attached memos, p. 7 -8. — Approved Under Consent Agenda 3. The Parks & Recreation Director requests approval of the Cooperative Use Agreement between the Frederick County Public Schools and Frederick County Parks & Recreation for grounds maintenance and facility use. See attached information, p. 9 -40. The committee recommends accepting the agreement. - 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 Christopher E. Collins Aye Charles S. DeHaven, Jr. Aye Gary W. Dove Aye Gene E. Fisher Aye Gary A. Lofton Absent 4. The Extensions Unit Coordinator requests a General Fund supplemental appropriation in the amount of $16,021 This amount represents a carry forward of funds from FY 2010 to pay an invoice for the 4 th quarter of FY 2010. See attached information, p. 41 -43. — Approved Under Consent Agenda. Minute Book Number 36 Board of Supervisors Regular Meeting of 01/27/11 195 5. The Landfill Environmental Manager requests a Landfill Fund (Fund 12) supplemental appropriation in the amount of $70,000 This amount represents funds needed for expenses associated with the gas to energy project. No local funds required. See attached memo, p. 44. 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 Christopher E. Collins Aye Charles S. DeHaven, Jr. Aye Gary W. Dove Aye Gene E. Fisher Aye Gary A. Lofton Absent 6. The Sheriff requests a General Fund supplemental appropriation in the amount of $109,325 for an Internet Crimes Against Children grant. No local funds required. See attached information, p. 45 -47. 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 Christopher E. Collins Aye Charles S. DeHaven, Jr. Aye Gary W. Dove Aye Gene E. Fisher Aye Gary A. Lofton Absent BUDGET WORK SESSION 1. Discussion on the FY 2012 reassessment and proposed budget scenarios. See attached information, p. 48 -54. ** *Information Only * ** 1. The Finance Director provides a Fund 10 Transfer report for FYI 1. See attached, p. 55 -57. 2. The Finance Director provides the Unreserved Fund Balance report. See attached, p. F: 3. The Finance Director provides December Financial Statements. See attached, p. 59- 70. 4. Frederick County has received the Distinguished Budget Presentation Award for the current budget from the Government Finance Officers Association (GFOA). This award is the highest form of recognition in governmental budgeting and represents a significant achievement. See attached information, p. 71 -72. PLANNING COMMISSION BUSINESS PUBLIC HEARINGS Minute Book Number 36 Board of Supervisors Regular Meeting of 01/27/11 PUBLIC HEARING - CONDITIONAL USE PERMIT #09 -10 FOR JUDY TINGLE FOR A COTTAGE OCCUPATION TO ENABLE AN IN -HOME DAY CARE FACILITY THE PROPERTY IS LOCATED AT 284 TYL DRIVE (HIA TT'S RUN SUBDIVISION ), AND IS IDENTIFIED WITH PRO PERTY IDENTIFICATION NUMBER 32- A -2 -18 IN THE STONEWALL MAGISTERIAL DISTRICT. - APPROVED Zoning Inspector Dana M. Johnston appeared before the Board regarding this item. He advised this was an application for a conditional use permit for an in -home family day care facility. The property is located at 284 Tyler Drive in the Hiatt's Run Subdivision. He advised the Planning Commission recommended approval with the following conditions: 1. All review agency comments and requirements shall be complied with at all times. 2. Hours of operation shall be permitted from 6 a.m. to 7 p.m., Monday through Friday. 3. The applicant shall satisfy the licensing requirements of the Virginia Department of Social Services and the County of Frederick. 4. No business sign associated with the Conditional Use Permit (CUP) shall be erected on the property. 5. Other than those children residing on the property, there shall be no more than eight (8) children being cared for at any given time. 6. Other than those persons residing on the property, there shall be no more than one (1) employee working at the day care at any time. 7. Any expansion or change of use will require a new Conditional Use Permit. Chairman Shickle convened the public hearing. There were no public comments. Chairman Shickle closed the public hearing. Supervisor Collins asked staff if the was a pool on the property and if it was fenced. Zoning Inspector Johnston responded there was a pool, but it was fenced and meets all of the building requirements. Upon a motion by Supervisor DeHaven, seconded by Supervisor Dove, the Board approved Conditional Use Permit #- 09 -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 Absent OTHER PLANNING ITEMS Minute Book Number 36 Board of Supervisors Regular Meeting of 01/27/11 197 VACATION OF RIGHT -OF -WAY IN HOMESTEAD ESTATES — APPROVED UNDER CONSENT AGENDA This was a request for the Board of Supervisors to vacate road right -of -ways containing 3.104 acres more or less within the Homestead Estates Subdivision. This item was approved under the consent agenda. ROAD RESOLUTION ( #032 -11) — SOVEREIGN VILLAGE, SECTIONS 2 A ND 4 — APPROVED UNDER CONSENT AGENDA WHEREAS, the streets described on the attached Additions 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 Additions 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 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. (7:25 P.M.) Minute Book Number 36 Board of Supervisors Regular Meeting of 01/27/11 Richard C. Shickle John . I Me y r. Chairman, Board of Supervisors Cle , Board of Supervisors Minutes Prepared By: Jay E. Ti bs Deputy Clerk, Board of Supervisors Minute Book Number 36 Board of Supervisors Regular Meeting of 01/27/11