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February 9, 2011 Regular Meeting Minutes205 A Regular Meeting of the Frederick County Board of Supervisors was held on Wednesday, February 9, 2010 at 5:45 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; Gene E. Fisher; and Gary A. Lofton. Chairman Shickle called the meeting to order. BOARD RETIRED INTO CLOSED SESSION Upon a motion by Vice - Chairman Ewing, seconded by Supervisor DeHaven, the Board convened in closed session pursuant to VA Code Section 2.2 -3711 A (7) for consultation with legal counsel regarding litigation matters, County of Frederick, Virginia v. Town Council of the Town of Stephens City, Virginia currently pending in the Frederick County Circuit Court, and requiring the provision of legal advice by counsel and consultation with legal counsel regarding a litigation matter, In re November 16, 2010 Decision of the Board of Zoning Appeals of Frederick County, Virginia currently pending in the Frederick County Circuit Court, concerning property located at 1160 Jordan Springs Road, and requiring the provision of legal advice by counsel. 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 BOARD RECONVENED INTO REGULAR SESSION Upon a motion by Vice - Chairman Ewing, seconded by Supervisor Lofton, the Board came out of closed session and reconvened in Regular Session. 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 Upon a motion by Vice - Chairman Ewing, seconded by Supervisor DeHaven, the Board certified that to the best of each board member's knowledge the Board discussed only legal matters, pursuant to Section 2.2 -3711 A (7) for consultation with legal counsel, specifically, Minute Book Number 36 Board of Supervisors Regular Meeting of 02/09/11 206 litigation matters, County of Frederick Virginia v Town Council of the Town of Stephens City, Vir inia, currently pending in the Frederick County Circuit Court, and requiring the provision of legal advice by counsel and consultation with legal counsel regarding a litigation matter, In re November 16, 2010 Decision of the Board of Zoning Appeals of Frederick County, y,Virginia currently pending in the Frederick County Circuit Court, concerning property located at 1160 Jordan Springs Road. 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 RECESS Upon a motion by Vice - Chairman Ewing, seconded by Supervisor Dove, the Board recessed until 7:15 P.M. 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 CALL TO ORDER Chairman Shickle called the meeting to order. INVOCATION Reverend Ross Halbersma, New Hope Alliance Church, delivered the invocation. PLEDGE OF ALLEGIANCE Vice - Chairman Ewing led the Pledge of Allegiance. ADOPTION OF AGENDA - APPROVED County Administrator John R. Riley, Jr. advised that 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 as presented by the following recorded vote: Richard C. Shickle Aye Minute Book Number 36 Board of Supervisors Regular Meeting of 02/09/11 207 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: - Parks and Recreation Commission Report — Tab F; and - Lake Holiday Dam Working Group Report — Tab G. Upon a motion by Supervisor Dove, 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 January 19, 2011 Budget Work Session. 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 Upon a motion by Supervisor DeHaven, seconded by Supervisor Dove, the Board approved the minutes from the January 27, 2011 Budget Work Session. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Bill M. Ewing Aye Christopher E. Collins Aye Minute Book Number 36 Board of Supervisors Regular Meeting of 02/09/11 Charles S. DeHaven, Jr. Aye Gary W. Dove Aye Gene E. Fisher Aye Gary A. Lofton Aye Upon a motion by Supervisor Dove, seconded by Vice - Chairman Ewing, the Board approved the minutes from the January 27, 2011 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 EMPLOYEE OF THE MONTH AWARDS FOR FEBRUARY 2011 — (RESOLUTION #'s 033 -11 and 034 -11) - APPROVED Upon a motion by Supervisor DeHaven, seconded by Supervisor Lofton, the Board approved Frederick C. Kinder and Karl H. Steudl as employees of the month for February 2011. Employee of the Month Resolution Awarded to: Frederick C. Kinder 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, Frederick C. Kinder, who serves as a Technician with the Fire & Rescue Department was nominated for Employee of the Month; and, WHEREAS, Frederick C. Kinder along with Karl H. Steudl have worked diligently over the past five years and completed the vast majority of a major radio system upgrade. With the countless hours spent, these two individuals have saved Frederick County an estimated $438,000.00 based on what a private radio company would have cost. NOW, THEREFORE BE IT RESOLVED, by the Frederick County Board of Supervisors this 9 th day of February, 2011, that Frederick C. Kinder is hereby recognized as the Frederick County Employee of the Month for February 2011; and, BE IT FURTHER RESOLVED, that the Board of Supervisors extends gratitude to Frederick C. Kinder for his outstanding performance and dedicated service and wishes him continued success in future endeavors; and, BE IT FURTHER RESOLVED, that Frederick C. Kinder is hereby entitled to all of the rights and privileges associated with this award. Minute Book Number 36 Board of Supervisors Regular Meeting of 02/09/11 209 Employee of the Month Resolution Awarded to: Karl H. Steudl 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, Karl H. Steudl, who serves as Captain with the Fire & Rescue Department was nominated for Employee of the Month; and, WHEREAS, Karl H. Steudl along with Frederick C. Kinder have worked diligently over the past five years and completed the vast majority of a major radio system upgrade. With the countless hours spent, these two individuals have saved Frederick County an estimated $438,000.00 based on what a private radio company would have cost. NOW, THEREFORE BE IT RESOLVED, by the Frederick County Board of Supervisors this 9 day of February, 2011, that Karl H. Steudl is hereby recognized as the Frederick County Employee of the Month for February 2011; and, BE IT FURTHER RESOLVED, that the Board of Supervisors extends gratitude to Karl H. Steudl for his outstanding performance and dedicated service and wishes him continued success in future endeavors; and, BE IT FURTHER RESOLVED, that Karl H. Steudl 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 Christopher E. Collins Aye Charles S. DeHaven, Jr. Aye Gary W. Dove Aye Gene E. Fisher Aye Gary A. Lofton Aye COMMITTEE APPOINTMENTS REAPPOINTMENT OF JOHN V. STEVENS AS FREDERICK COUNTY REPRESENTATIVE TO THE FREDERICK COUNTY SANITATION AUTHORITY. - APPROVED Upon a motion by Vice - Chairman Ewing, seconded by Supervisor Fisher, the Board reappointed John V. Stevens as Frederick County representative to the Frederick County Sanitation Authority. This is a four year appointment, said term to expire April 15, 2015. 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 Minute Book Number 36 Board of Supervisors Regular Meeting of 02/09/11 210 Gary W. Dove Aye Gene E. Fisher Aye Gary A. Lofton Aye REQUEST TO SCHEDULE WORK SESSION RE: DISCUSSION OF FIRE SUBSTATION CONSTRUCTION POLICY — DIRECTED STAFF TO FIND ALTERNATE DATES Administrator Riley advised the Board's joint committee of the Public Works and Public Safety Committees had completed their work on the development of a construction policy for new fire substations. The next step was to schedule a work session with the Board of Supervisors. He offered proposed meeting dates from March 14 through March 17. None of the proposed dates worked with various board members' schedules; therefore, staff was directed to come up with alternate meeting dates and circulate among the board. MEMORANDUM AND RESOLUTION ( #035 -11) RE: AUTHORIZING ACKNOWLEDGMENT OF VIRGINIA RESOURCES AUTHORITY POOLED FINANCING PROGRAM, TERMS AND CONDITIONS FOR LAKE HOLIDAY SANITARY DISTRICT - APPROVED Assistant County Administrator Kris Tierney advised the Virginia Resources Authority approved the ten million dollar loan application of the Lake Holiday Sanitary District to fund reconstruction of the dam's spillway. He presented a resolution to the Board which authorizes the county administrator to acknowledge the terms and conditions of the VRA pooled financing. Chairman Shickle asked who would sign the documents when this financing goes to closing. Assistant Administrator Tierney responded that whoever signs would be doing so on behalf of the sanitary district. Chairman Shickle stated he would like to engage the officers of Lake Holiday to sign the documents in order to show cooperation and "jointness" with them. County Attorney Roderick Williams responded that the papers would require signature of the County (i.e. the Board) as they are the governing body of the sanitary district. Upon a motion by Supervisor Dove, seconded by Supervisor Lofton, the Board approved the resolution re: approval of Virginia Pooled Financing'Program Lake Holiday Sanitary District — Terms and Conditions. WHEREAS, on the 29 of October, 2009 the Circuit Court of Frederick County Created the Lake Holiday Sanitary District (LHSD); and WHEREAS, on June 9 2010 The Lake Holiday Country Club, Inc. Board of Directors and the County of Frederick entered into an agreement regarding the desired purpose and direction of the LHSD; and Minute Book Number 36 Board of Supervisors Regular Meeting of 02/09/11 211 WHEREAS, said agreement set out a course of action designed to culminate with the reconstruction and financing of the spillway at the Lake Holiday Dam in accordance with requirements of the Virginia Department of Conservation and Recreation; and WHEREAS, on November 2, 2010 the qualified voters of the LHSD overwhelmingly approved a referendum on borrowing an amount not to exceed ten million dollars ($10,000,000) for the purpose of paying the cost of reconstruction of the spillway; and WHEREAS, the LHSD applied for and has received approval of financing through the Virginia Resources Authority's (VRA) Pooled Financing Program subject to terms and conditions set out in the attached correspondence dated January 31, 2010. NOW, THEREFORE, BE IT RESOLVED, that the Board of Supervisors of Frederick County, Virginia, acting in its capacity as governing body of the Lake Holiday Sanitary District, hereby authorizes the County Administrator to acknowledge, by his signature, the VRA Pooled Financing Program's Lake Holiday Sanitary District Terms and conditions Summary Sheet. 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 COMMITTEE REPORTS PARKS AND RECREATION COMMISSION REPORT — APPROVED UNDER CONSENT AGENDA The Parks and Recreation Commission met on January 18, 2011. Members present were: Charles Sandy, Jr., P.W. Hillyard, III, Ronald Madagan, and Gary Longerbeam. Items Requiring Board of Supervisors Action 1. None. Submitted for Board Information Only 1. 2010 Comprehensive Plan Update — Mr. Sandy moved to endorse the Parks and Recreation section of 2010 Comprehensive Plan as submitted, second by Mr. Madagan, carried unanimously (4 -0). 2. Election of Chairman — Mr. Longerbeam moved to nominate Mr. Charles Sandy, Jr. as Chairman, second by Mr. Madagan, carried unanimously (4 -0). 3. Election of Vice - Chairman — Mr. Madagan moved to nominate Mr. P.W. Hillyard, III as Vice - Chairman, second by Mr. Sandy, carried unanimously (4 -0). Standing Committee Reports 1. None. LAKE HOLIDAY DAM WORKING GROUP REPORT — APPROVED UNDER CONSENT AGENDA The LHSD Dam Working Committee met in the Public Works Department Conference Room on Tuesday, January 25, 2011 at 10:00 a.m. No Items Require Board Action. Minute Book Number 36 Board of Supervisors Regular Meeting of 02/09/11 212 1) Financing: Staff announced that they had been notified by phone that the SD's application for funding with the Virginia Resources Authority had been approved. We look forward to receiving formal written notification. 2) Project Scheduling: A proposed timeline for the project moving forward was discussed. An easement for the temporary access road linking to Ebenezer Church Road has been finalized. This aspect of the project will need to be bid prior to the actual spillway construction project in order to have the alternate means of access in place when the spillway construction commences. LHCC will consider fronting the funds to begin this phase of the project (prior to receiving actual bond funds), if we are able to provide reimbursement from bond funds once received. The SD will need to provide VRA with a hard number for borrowing by May. In order to accomplish this, the project would need to be bid by early March with bids being due in late April. (Funding from the spring pool would actually become available in June.) Staff is working to pre - qualify bidders by the end of February. Based on the desired timeline for the project, billing of initial assessments would need to be part of the June tax bill. The planned approach would be to prepare for a June billing based on a worst case scenario of borrowing ten million dollars (while we would hope the actual cost of the project ends up being less). The Committee and staff will work closely with the County Attorney, Treasurer, and the Board to establish assessment amounts and collection procedures. The Board of Supervisors will ultimately need to hold a public hearing to set assessment rates for the SD. The Working Group hopes to bring a recommendation on assessments to the Board at the March 23, 2011 meeting. CODE AND ORDINANCE COMMITTEE REPORT — APPROVED The Code & Ordinance Committee met on Wednesday, February 2, 2011 at 2:00 P.M., in the First Floor Conference Room, County Administration Building, 107 North Kent Street, Winchester, Virginia. Present were Supervisor Christopher E. Collins, Chairman; Supervisor Gary A. Lofton; and Stephen G. Butler. Also present were County Administrator John R. Riley, Jr.; Deputy County Administrator Jay E. Tibbs; County Attorney Rod Williams; Ellen Murphy, Commissioner of the Revenue and C. William Orndoff, Jr., Treasurer. The committee submits the following: ** *Items Requiring Board Action * ** 1. Proposed Amendments to the Frederick County Code, Chapter 155, Taxation, Article I, Section 155 -3 Tax returns; failure to file. — Scheduled for Public Hearing The draft of the proposed amendment would eliminate in its entirety the current 10% penalty imposed when a taxpayer fails to report to the Commissioner of the Revenue the acquisition of personal property. After some discussion with the Commissioner of the Revenue and the Treasurer, it was determined that repealing the penalty for personal property (motor vehicles) would result in a revenue loss of approximately $115,000 and the committee settled upon a compromise which would establish a penalty for failure to file personal property (motor vehicles) returns of 10% of the tax assessable not to exceed $50 and not to be less than $2. The penalty for failure to file business property /machinery and tools returns of 10% of the tax assessable or due on such property or $2, whichever shall be greater, would be retained. Upon a motion by Mr. Lofton, seconded by Mr. Butler, the Committee unanimously recommended this item, as amended, be forwarded to the Board of Supervisors for public hearing and adoption. (See Attachment.) Upon a motion by Supervisor Collins, seconded by Supervisor Lofton, the Board sent this Minute Book Number 36 Board of Supervisors Regular Meeting of 02/09/11 213 item forward for public hearing. Supervisor DeHaven wondered about the process and if this would impact the June tax bills. Chairman Shickle responded that it would affect the June tax bills. He went on to say he disliked the $50 penalty for failure to file personal property (motor vehicles). Supervisor DeHaven stated the process seems flawed; however, if a majority of those impacted were repeat offenders then it is hard to have sympathy for them. He went on to say he would like to see it vetted between now and then. 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 PUBLIC HEARING - AMENDMENT TO THE 2010 -2011 FISCAL YEAR BUDGET — PURSUANT TO SECTION 15.2 -2507 OF THE CODE OF VIRGINIA 1950, AS AMENDED, THE BOARD OF SUPERVISORS WILL HOLD A PUBLIC HEARING TO AMEND THE FISCAL YEAR 2010 -2011 BUDGET TO REFLECT: AIRPORT CAPITAL FUND (FUND 85) SUPPLEMENTAL APPROPRIATION IN THE AMOUNT OF $8,330,000. THIS AMOUNT REPRESENTS PROJECTS PROGRAMMED FOR FEDERAL AND STATE GRANTS — (RESOLUTION #036 -11) - APPROVED Administrator Riley advised this was a public hearing on an amendment to the FY 2010- 2011 budget for an Airport Capital Fund supplemental appropriation in the amount of $8,330,000 for projects programmed for federal and state grants. Chairman Shickle convened the public hearing. There were no citizen comments. Chairman Shickle closed the public hearing. Upon a motion by Supervisor Fisher, seconded by Vice - Chairman Ewing, the Board approved the budget amendment. WHEREAS, the Frederick County Board of Supervisors, meeting in regular session and public hearing held on February 9, 2011, took the following action: NOW, THEREFORE, BE IT RESOLVED, by the Board of Supervisors that the FY 2010 -2011 Budget be Amended to Reflect: Airport Capital Fund (Fund 85) Supplemental Appropriation in the Amount of $8,330,000. This Amount Represents Projects Programmed for Federal and State Grants. Minute Book Number 36 Board of Supervisors Regular Meeting of 02/09/11 214 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 PLANNING COMMISSION BUSINESS PUBLIC HEARING PUBLIC HEARIN - CONDITIONAL USE PERMIT #01 -11 FOR TRACY ALT FOR A COTTAGE OCCUPATION TO ENABLE AN IN -HOME DAY CARE FACILITY. THE PROPERTY IS LOCATED AT 110 O'BRIEN'S CIRCLE (SHENANDOAH HILLS), AND IS IDENTIFIED WITH PROPERTY IDENTIFICATIO NUMBER 55F -1 -3 -140 IN THE RED BUD MAGISTERIAL DISTRICT. - APPROVED Zoning Inspector Dana Johnston appeared before the Board regarding this item. He advised this was a request for a conditional use permit to allow an in -home day care facility. The property is located at 110 O'Brien's Circle in the Shenandoah Hills subdivision. He went onto say there were no adverse impacts to adjacent properties. He concluded by saying the Planning Commission recommended approval of the conditional use permit 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 6 p.m., Monday through Friday. 3. The applicant shall satisfy the licensing requirements of the Virginia Department of Social Services. 4. No business sign associated with this 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 ten children being cared for at any given time. 6. Other than those persons residing on the property, there shall be no more than one 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. Upon a motion by Supervisor Collins, seconded by Supervisor DeHaven, the Board approved Conditional Use Permit #01 -11. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Minute Book Number 36 Board of Supervisors Regular Meeting of 02/09/11 215 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 BOARD LIAISON REPORTS Chairman Shickle took a moment to recognize the scouts and leaders of Boy Scout Troop #31 of Winchester, who were present for the meeting. There were no Board liaison reports. CITIZEN COMMENTS Phyllis Cather, Gainesboro District, spoke against the proposed PATH power line. She cited a number of health issues experienced by others, which were believed to be caused by high voltage power lines. BOARD OF SUPERVISORS COMMENTS Chairman Shickle stated the Board continues to oppose PATH and are on record in Richmond in opposition to this project. He went on to say the Board would never have a vote on the issue as it is not a matter under its jurisdiction. He concluded by saying people should visit the Board's website to see what we have done. 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. (7:50 P.M.) 1 Richard C. Shickle Chairman, Board of Supervisors n R. Ailey, Jr. Clerk, Board of Supervisors Minutes Prepared By: JayE Ti bs Deputy Clerk, Board of Supervisors Minute Book Number 36 Board of Supervisors Regular Meeting of 02/09/11