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HomeMy WebLinkAboutJune 22 2011 Regular Meeting Minutes34 A Regular Meeting of the Frederick County Board of Supervisors was held on Wednesday, June 22, 2011, 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; Gene E. Fisher; and Gary A. Lofton. CALL TO ORDER 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 Code of Virginia, 1950, as Amended, Section 2.2 -3711 A (1) to discuss personnel matters, specifically, the annual evaluation of the County Administrator. 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 DeHaven, 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 Lofton, the Board certified that to the best of each board member's knowledge the Board discussed only matters involving personnel, pursuant to Section 22-3711 A (1), specifically the annual evaluation of the County Administrator. The above motion was approved by the following recorded vote: Minute Book Number 36 Board of Supervisors Regular Meeting of 06/22/11 347 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 CERTIFICATION OF THE COUNTY ADMINISTRATOR'S EVALUATION - APPRnVFn Upon a motion by Vice - Chairman Ewing, seconded by Supervisor Fisher, the Board certified the evaluation of the County Administrator. 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 The Board recessed the meeting until 7:15 P.M. REGULAR MEETING — CALL TO ORDER Chairman Shickle convened the regular meeting. INVOCATION Supervisor Dove delivered the invocation. PLEDGE OF ALLEGIANCE Vice - Chairman Ewing led the Pledge of Allegiance. Chairman Shickle recognized the leader and members of Boy Scout Troop 63 who were working on their citizenship badge. ADOPTION OF AGENDA — APPROVED AS AMENDED County Administrator John R. Riley, Jr. advised that he would like to introduce the County's new I.T. Director under County Officials. Upon a motion by Supervisor DeHaven, seconded by Supervisor Lofton, 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 Minute Book Number 36 Board of Supervisors Regular Meeting of 06/22/11 348 Gene E. Fisher Aye Gary A. Lofton Aye CONSENT AGENDA - APPROVED Administrator Riley offered the following item for the Board's consideration under the consent agenda: - Parks and Recreation Commission Report — Tab E. 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 Christopher E. Collins Aye Charles S. DeHaven, Jr. Aye Gary W. Dove Aye Gene E. Fisher Aye Gary A. Lofton Aye CITIZEN COMMENTS Jack Lillis, Back Creek District, advised that he attended a meeting on June 2, 2011 with Supervisors Fisher and DeHaven to discuss the 2030 Comprehensive Plan. At that meeting, citizens were given the opportunity to express their ideas and concerns regarding the proposed plan.. Mr. Lillis advised that he submitted some concerns in writing and has not received a response since that meeting. He stated that his written comments pointed out conflicts between the Transfer of Development Rights Ordinance and the State Code. He alluded to conflicts of interest regarding board members, planning commission and working group members. He noted the TDR ordinance represents a financial benefit to the landowner. He asked the Board to review the conflict of interest act before voting on the 2030 plan, because failure to do so could lead to the prosecution of some individuals. He went on to say the Planning Commission was trying "to shove this plan down our throats ", but the Board would be responsible for the consequences. He stated three board members informed him that the sixty day deadline could be extended and he urged the Board to delay the vote until the concerns have been addressed. Kathleen Bassford, Front Royal, Virginia and a property owner in the Back Creek District, stated she was insulted the last time she was before the board because she was told she did not understand the plan and it was implied that she was "too stupid" to understand TDRs. She went on to say that she understood what the Comprehensive Plan is and the TDR sending rural areas versus the Urban Development Area receiving areas. She stated the Comprehensive Plan was about an un- Republican land grab to enrich some at the expense of others and was Minute Book Number 36 Board of Supervisors Regular Meeting of 06/22/11 349 designed to restrict where people could live in the future. She went on to say this plan would raise taxes in order to pay for services. She asked how many board members would benefit from TDRs in the future. She concluded by saying she would like to know the names. and numbers of TDRs owned by the people who worked on the development of the plan. Fred Hudson, Opequon District, stated this process had caused him to lose trust with the local government and he wanted to see that trust restored. He stated that he was a member of the Tea Party and part of a subcommittee assigned to research the 2030 Plan. He asked the Board not to approve the proposed plan. Dody Stottlemyer, Opequon District, expressed her appreciation to the Board and Supervisors Fisher and DeHaven for taking the time to meet on June 2, 2011. She stated that she did not feel the questions submitted were adequately answered. She asked the Board to consider postponing or turning down the plan until a lot of the questions could be answered. Debbie Berg, Back Creek District, stated she was an active Republican and supporter of Republican ideals and candidates. She stated that apparently the Planning Commission had not presented both sides of the story and did not consider the negative aspects of TDRs. She stated this program would do more harm than good. She went. on to say Frederick County residents would come to know what it expected in the 2030 plan. She asked the Board to consider the interests of the citizens and tax payers. Mark Berg, Back Creek District, stated the 2030 Plan was the vision of the Planning Commission and special interest groups. He noted the best solution had eluded the Board, which was letting the free market decide. He believed the market should determine if land is used for residential, farming or open space. He stated this plan would result in the proliferation mcmansions on 5 acre lots. He went on to say it is time for government to have faith in the free market. He asked the Board not to approve the Comprehensive Plan. Rod Bulley, Back Creek District, stated that he would hate to see the board approve this plan. He noted that in 1968 he fought Communists in Vietnam and he is now fighting them in Frederick County. BOARD OF SUPERVISORS COMMENTS Supervisor Fisher stated that he believed the June 2, 2011 meeting was a good meeting and he and Supervisor DeHaven received a lot of comments. He stated there were some valid concerns and on other matters the parties agreed to disagree. He advised that questions were Minute Book Number 36 Board of Supervisors Regular Meeting of 06/22/11 350 turned in to staff for a response and letters were sent to Mrs. Stottlemyer on June 8 and Reverend Hudson on June 9. He stated staff was under the impression that these were contact people and thus they were the only ones who received the responses. He went on to say that staff was asked to e -mail copies of those letters to those individuals who had provided their e -mail addresses on the sign -up sheet at that meeting. He concluded by saying that he took some of the responsibility for the lack of communication. MINUTES - APPROVED Upon a motion by Supervisor Dove, seconded by Supervisor Lofton, the Board approved the minutes from the May 25, 2011 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 INTRODUCTION OF NEW FREDERICK COUNTY DIRECTOR OF INFORMATION TECHNOLOGIES Administrator Riley introduced Walter Banks, Frederick County's new Director of Information Technologies. COMMITTEE APPOINTMENTS CHESTER LAUCK NOMINATED TO THE LOCAL EMERGENCY PLANNING COMMITTEE (LEPC) - APPROVED Upon a motion by Supervisor Lofton, seconded by Supervisor Dove, the Board nominated Chester Lauck, Emergency Management Coordinator, to serve as a member of the Local Emergency Planning Committee (LEPC). 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 APPOINTMENT OF WILLIAM H. SCHULLER AS RED BUD DISTRICT REPRESENTATIVE TO THE EXTENSION LEADERSHIP COUNCIL - APPROVED Minute Book Number 36 Board of Supervisors Regular Meeting of 06/22/11 351 Upon a motion by Supervisor Collins, seconded by Vice - Chairman Ewing, the Board appointed William H. Schuller to the Extension Leadership Council as the representative from the Red Bud District. This is a four year appointment, said term to expire June 22, 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 Gary W. Dove Aye Gene E. Fisher Aye Gary A. Lofton Aye REAPPOINTMENT OF GENE E. FISHER AS BOARD OF SUPERVISORS REPRESENTATIVE TO THE CONSERVATION EASEMENT AUTHORITY - APPROVED Upon a motion by Supervisor Dove, seconded by Supervisor DeHaven, the Board reappointed Gene E. Fisher as Board of Supervisors representative to the Conservation Easement Authority. This is a three year appointment, said term to expire August 24, 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 REAPPOINTMENT OF DIANE KEARNS TO THE CONSERVATION EASEMENT AUTHORITY - APPROVED Upon a motion by Supervisor Fisher, seconded by Supervisor Dove, the Board reappointed Diane Kearns to the Conservation Easement Authority. This is a three year term, said term to expire August 24, 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 REAPPOINTMENT OF WELLINGTON H. "WENDY" JONES AND JAMES R. WILKINS, III TO THE FREDERICK- WINCHESTER SERVICE AUTHORITY - APPROVED Upon a motion by Supervisor Fisher, seconded by Supervisor DeHaven, the Board reappointed Wellington H. "Wendy" Jones, Frederick County representative and James R. Minute Book Number 36 Board of Supervisors Regular Meeting of 06/22/11 352 Wilkins, III, Member -At- Large, to the Frederick - Winchester Service Authority. These are three year appointments, said terms to expire August 31, 2014. The Member -At -Large seat is joint with the City of Winchester. 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 REAPPOINTMENT OF LARRY OLIVER AS FREDERICK COUNTY PAID EMS PROVIDER REPRESENTATIVE TO THE LORD FAIRFAX EMERGENCY MEDICAL SERVICES COUNCIL - APPROVED Upon a motion by Supervisor Dove, seconded by Supervisor Lofton, the Board reappointed Larry Oliver to the Lord Fairfax Emergency Medical Services Council as the Frederick County paid EMS provider representative. This is a three year term, said term to expire August 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 Aye RESOLUTION 0057 -11) OF THE BOARD OF SUPERVISORS APPROVING THE ISSUANCE OF UP TO $82,000,000 REVENUE BONDS FOR THE BENEFIT OF THE VILLAGE AT ORCHARD RIDGE, INC. - APPROVED Administrator Riley advised this was a request of the Board of Supervisors to approve the issuance of $82 million in lease revenue bonds by the Frederick County Industrial Development Authority. Administrator Riley advised the authority held a public hearing and approved the proposed issuance. He concluded by saying it was requested the Board endorse this action. Vice - Chairman Ewing stated he would be abstaining from consideration of this item due to a possible conflict of interest. Upon a motion by Supervisor Dove, seconded by Supervisor Fisher, the Board approved the resolution approving the issuance of up to $82,000,000 revenue bonds for the benefit of The Village at Orchard Ridge, Inc. A. The Industrial Development Authority of the County of Frederick, Virginia (the "Authority ") has considered the application of The Village at Orchard Ridge, Inc., a Virginia Minute Book Number 36 Board of Supervisors Regular Meeting of 06/22/11 353 non - stock, non - profit corporation (the "Borrower "), requesting the issuance of the Authority's revenue bonds in an amount not to exceed $82,000,000 (the "Bonds ") to be issued at one time or from time to time to assist the Borrower in financing or refinancing the following: (1) a portion of the costs of constructing and equipping of an approximately 402,280 square foot senior living facility, on 131 acres proximately located north of Northwest Pike (U.S. Route 50) and west of the State Route 37 in Gainesboro Magisterial District in Frederick County, to be known as The Village of Orchard Ridge, consisting of approximately 517 independent living residences, 96 assisted living residences and 72 skilled nursing beds, (2) a debt service reserve fund and (3) the costs of issuing the Bonds and other eligible expenditures (collectively, the "Project "). B. The Authority held a public hearing on the Borrower's application on June 14, 2011, as required by Section 147(f) of the Internal Revenue Code of 1986, as amended (the "Code "), and Section 15.2 -4906 of the Code of Virginia of 1950, as amended (the "Virginia Code "). Section 147(f) of the Code also provides that the governmental unit having jurisdiction over the issuer of private activity bonds and over the area in which any facility financed with the proceeds of private activity bonds is located must approve the issuance of the bonds. C. The Authority issues its bonds on behalf of the County of Frederick, Virginia (the "County "); the Project is located in the County; and the Board of Supervisors of the County of Frederick, Virginia (the "Board ") constitutes the highest elected governmental unit of the County. D. The Authority has recommended that the Board approve the issuance of the Bonds. E. A copy of the Authority's resolution approving the issuance of the Bonds, subject to the terms to be agreed upon, a certificate of the public hearing and a Fiscal Impact Statement has been filed with the Board. NOW, THEREFORE, IT IS RESOLVED BY THE BOARD OF SUPERVISORS OF THE COUNTY OF FREDERICK, VIRGINIA: 1. The Board approves the issuance of the Bonds by the Authority for the benefit of the Borrower, as required by Section 147(f) of the Code and Section 15.2 -4906 of the Virginia Code to permit the Authority to assist the Borrower in financing the Project. 2. The approval of the issuance of the Bonds does not constitute an endorsement to a prospective purchaser of the Bonds of the creditworthiness of the Project or the Borrower. 3. This resolution shall take effect immediately upon its adoption. Adopted by the Board of Supervisors of the County of Frederick, Virginia this 22 day of June, 2011. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Bill M. Ewing Abstain Christopher E. Collins Aye Charles S. DeHaven, Jr. Aye Gary W. Dove Aye Gene E. Fisher Aye Gary A. Lofton Aye MEMORANDUM AND RESOLUTION 0058 -11) RE: IRREVOCABLE �- ELECTION NOT TO PARTICIPATE IN LINE OF DUTY ACT FUND - APPROVED Administrator Riley advised the Board previously approved a resolution provided by VACoRP for localities to opt out of the Line of Duty Act Fund administered by the Virginia Retirement System. Since that time, VRS has informed the County that the VACoRP resolution Minute Book Number 36 Board of Supervisors Regular Meeting of 06/22/11 354 merely shows a locality's intent to opt out of the Line of Duty Act Fund and that only the VRS resolution "will be accepted as a `proper' opt out." He went on to say the proposed VRS resolution was before the Board for consideration. In addition, a copy of his letter to VRS transmitting the resolution and advising that Frederick County reserves any and all rights that we may have in law or in equity to contest its contents at any time in the future. He noted in particular, we disagree with the interpretation that Item 258 of the 2011 Budget bill requires — localities that choose to opt out of the VRS program to repay any payments made from the Fund or any corresponding administrative fees for FY 2011. He concluded by saying the Board would be adopting the VRS resolution solely because VRS has made it clear that this is the only Resolution that will be recognized as an official opt out. Administrator Riley noted there was a revised resolution before the Board which removed the Northwestern Regional Adult Detention Center because they are a separate entity and would be acting independently of the county. Upon a motion by Supervisor Dove, seconded by Supervisor DeHaven, the Board approved the resolution regarding the irrevocable election not to participate in the line of duty act, supported Administrator Riley's letter to VRS, supported VACoRP in their actions regarding the Line of Duty Act, and endorsed the letter from Rockingham County. WHEREAS, pursuant to Item 258 of the Appropriations Act, paragraph B, the Virginia General Assembly has established the Line of Duty Act Fund (the "Fund ") for the payment of benefits prescribed by and administered under the Line of Duty Act (Va. Code § 9.1 -400 et seq.); and WHEREAS, for purposes of administration of the Fund, a political subdivision with covered employees (including volunteers pursuant to paragraph B2 of Item 258 of the Appropriations Act) may make an irrevocable election on or before July 1, 2012, to be deemed a non - participating employer fully responsible for self - funding all benefits relating to its past and present covered employees under the Line of Duty Act from its own funds; and WHEREAS, it is the intent of the Board of Supervisors of the County of Frederick, Virginia, to make this irrevocable election to be a non - participating employer with respect to the Fund; NOW, THEREFORE, IT IS HEREBY RESOLVED, that the Board of Supervisors of the County of Frederick, Virginia, hereby elects to be deemed a non - participating employer fully responsible for self - funding all benefits relating to its past and present covered employees under the Line of Duty Act from its own funds; and it is further RESOLVED, that the following entities, the Frederick County Sheriffs Department, Frederick County Fire and Rescue Department, and the auxiliary and volunteers for both entities, to the best of the knowledge of the Board of Supervisors of the County of Frederick, Virginia constitute the population of its past and present covered employees under the Line of Duty Act; and it is further RESOLVED that, as a non - participating employer, the County of Frederick, Virginia agrees that it will be responsible for, and reimburse the State Comptroller for, all Line of Duty Minute Book Number 36 Board of Supervisors Regular Meeting of 06/22/11 355 Act benefit payments (relating to existing, pending or prospective claims) approved and made by the State Comptroller on behalf of the County of Frederick Virginia on or after July 1, 2010; and it is further RESOLVED that, as a non - participating employer, the County of Frederick Vir inia agrees that it will reimburse the State Comptroller an amount representing reasonable costs incurred and associated, directly and indirectly, with the administration, management and investment of the Fund; and it is further RESOLVED that the County of Frederick Virginia shall reimburse the State _- Comptroller on no more than a monthly basis from documentation provided to it from the State Comptroller. Adopted in Frederick County, Virginia this 22 day of June, 2011. 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 May 17, 2011. Members present were: Charles Sandy, Jr., Ronald Madagan, Marty Cybulski, P.W. Hillyard, I1I, Gary Longerbeam, Ron Hodgson, and Cheryl Swartz. Members absent were Patrick Anderson and Christopher Collins. Items Requiring Board of Supervisors Action None Submitted for Board Information Only None Standing Committee Reports 1. Sherando Park Comfort Station/Concession Building - The Buildings and Grounds Committee recommended the use of $150,000 from the Parks and Recreation proffer account for the renovation of the Sherando Park Athletic Complex Comfort Station/Concession Building, second by Mr. Longerbeam, carried unanimously (7 -0). PUBLIC WORKS COMMITTEE REPORT - APPROVED The Public Works and Green Advisory Committees met on Tuesday, May 31, 2011 at 8:00 a.m. All members were present except Gary Dove and Jim Wilson. The following items were discussed: ** *Items Requiring Action * ** 1. Presentation by Northern Shenandoah Valley Regional Commission ( NSVRC) Related to Their Future Role in TMDL Reporting NSVRC Natural Resources Program Manager, Ms. Jill Keihn, presented a brief outline of the Virginia Department of Conservation and Recreation's (DCR) future goals for implementing Minute Book Number 36 Board of Supervisors Regular Meeting of 06/22/11 356 the TMDL requirements established by the Environmental Protection Agency for those jurisdictions within the Chesapeake Bay drainage area. DCR has approached the various planning commissions to request their assistance in developing strategies and reporting data. At the conclusion of Ms. Keihn's presentation and additional discussion, the committee unanimously approved a motion to work through the NSVRC in collectively developing strategies and reporting TMDL data to DCR. (Attachment 1) Upon a motion by Supervisor Fisher, seconded by Supervisor Lofton, the Board approved the motion to work through the NSVRC in collectively developing strategies and reporting TMDL data to DCR. 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. Award of Solid Waste Hauling Contract Based on a thorough review of RFP results and individual company interviews, staff recommended the award of the next solid waste hauling contract to Allied Waste Services, effective July 1, 2011. The committee unanimously endorsed this recommendation. (Attachment 2) Upon a motion by Supervisor Fisher, seconded by Supervisor Dove, the Board approved the award of the waste hauling contract to Allied Waste Services effective July 1, 2011. 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 ** *Items Not Requiring Action * ** 1. Adoption of Water Supply Plan and Drought Ordinance Ms. Jill Keihn presented the NSVRC's task regarding the development of a regional water supply plan for the twenty jurisdictions within the planning district. The attached memorandum dated May 25, 2011, outlines this task and references a requirement for each locality to adopt a drought response plan and associated ordinance. After discussing this issue at length, Ms. Keihn indicated that she would provide the committee a draft of the water supply plan for their review and comment at the next scheduled public works committee meeting. (Attachment 3) 2. Roads in Rural Areas Mr. Gene Fisher requested that the public works staff develop a list of pros and cons related to constructing and maintaining subdivision roads in rural areas. This task will include a review of current ordinance requirements as well as the possible role of HOAs in maintaining roads in rural areas. Staff will include examples of existing rural subdivisions which were Minute Book Number 36 Board of Supervisors Regular Meeting of 06/22/11 357 constructed prior to the adoption of the current ordinances. 3. Miscellaneous Reports a) Tonnage Report (Attachment 4) b) Recycling Report (Attachment 5) c) Animal Shelter Dog Report (Attachment 6) d) Animal Shelter Cat Report (Attachment 7) 4. Green Advisory Committee Report The Green Advisory Committee met on Tuesday, May 31, 2011 at 8:00 a.m. in the Public Works Conference Room, 2 nd Floor, 107 N. Kent Street, Winchester, VA. Members present were: Gene Fisher, George Ludwig, Bob Wells, and Whitney Wagner. Absent were Gary Dove and James Wilson. ** *Items Not Requiring Action * ** 1. Accomplishments Frederick County has realized savings nearing $200,000 from GAC activity (Attachment 1). Additionally GAC activity has encouraged the pursuit of energy efficiency improvements at NRADC and FCPS facilities. Mr. Ludwig noted his pleasure at the results of GAC efforts. 2. Current Activities. Staff is working to develop robust tracking and monitoring utility use in County facilities, investigate recognition in the VACo/VML Green Government Challenge, and assist agencies as needed in energy efficiency pursuits. 3. Direction. Mr. Fisher directed staff to continue monitoring for opportunities to advance Frederick County's green initiatives. FINANCE COMMITTEE REPORT - APPROVED The Finance Committee met in the First Floor Conference Room at 107 North Kent Street on Wednesday, June 15, 2011 at 8:00 a.m. Member Richie Wilkins was absent. Items 2, 3, and 4 were approved on consent agenda. Upon a motion by Vice - Chairman Ewing, seconded by Supervisor Lofton, the Board approved the consent agenda. 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 1. The Director of Parks and Recreation requests a General Fund supplemental appropriation in the amount of $150,000 These funds are available through proffers and will be used to renovate the Sherando Park south ballfield complex comfort station and concession building. No additional local funds required. See attached memo, p. 1. The committee recommends approval.— Approved. Upon a motion by Vice - Chairman Ewing, seconded by Supervisor DeHaven, the`Board Minute Book Number 36 Board of Supervisors Regular Meeting of 06/22/11 358 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 Aye 2. The Clerk of the Circuit Court requests a General Fund supplemental appropriation in the amount of $4,000 This amount represents grant funds and will be used for redaction. No local funds required. See attached memo, p. 2. — Approved Under Consent Agenda. 3. The Sheriff requests a General Fund supplemental appropriation in the amount of $3,315.19 This amount represents funds received from the state for prisoner extraditions and is requested to be appropriated to travel. No additional local funds required. See attached memo, p. 3. — Approved Under Consent Agenda. 4. The Sheriff requests a General Fund supplemental appropriation in the amount of $100 for a DARE Program donation. No additional local funds required. See attached memo, p. 4. — Approved Under Consent Agenda. 5. The Registrar requests a Fiscal Year 2011 -2012 General Fund supplemental appropriation in the amount of $36,326.50 for the August 23` primary elections. See attached memo, p. 5 -6. The committee recommends approval. — Approved. Vice - Chairman Ewing noted the Registrar had provided an updated amount due to only one House district holding a primary election. The new amount is $10,533.75. Upon a motion by Vice - Chairman Ewing, seconded by Supervisor DeHaven, the Board approved the amended request by the following recorded vote: Richard C. Shickle Aye Bill M. Ewing Aye Christopher E. Collins Nay Charles S. DeHaven, Jr. Aye Gary W. Dove Aye Gene E. Fisher Aye Gary A. Lofton Aye 6. The Assistant County Administrator requests a Lake Holiday District Fund supplemental appropriation in the amount of $9,045,000 This amount represents bond financing for the reconstruction of the Lake Holiday Dam Spillway. No additional local funds required. See attached memo, p. 7. The committee recommends a public hearing. — Approved. Upon a motion by Vice - Chairman Ewing, seconded by Supervisor DeHaven, the Board approved this item for public hearing by the following recorded vote: Richard C. Shickle Bill M. Ewing Christopher E. Collins Charles S. DeHaven, Jr Gary W. Dove Gene E. Fisher Gary A. Lofton Aye Aye Aye Aye Aye Aye Aye ** *For Information Only * ** Minute Book Number 36 Board of Supervisors Regular Meeting of 06/22/11 CWA 1. A letter of appreciation from the AARP Foundation Tax -Aide is attached. See attached letter, p. 8. 9 -16. 17. 2. The Finance Director provides a Fund 10 Transfer report for FYI 1. See attached, p. 3. The Finance Director provides the Unreserved Fund Balance report. See attached, p. 4. The County Administrator provides information on the request from the Kernstown Battlefield to release judgment. See attached, p. 18 -28. — Approved Release of Judgment. Administrator Riley advised this was a request from the Kernstown Battlefield Association for the Board to release a judgment against their property in Kernstown. Upon a motion by Vice - Chairman Ewing, seconded by Supervisor DeHaven, the Board approved the release of judgment. RESOLUTION ( #059 -11) — KERNSTOWN BATTLEFIELD — RELEASE OF JUDGMENT AGAINST GRIM TRUST WHEREAS, the County previously made a contribution in the amount of $250,000 in 1994, toward the proposed purchase of property known as the Kernstown Battlefield; and WHEREAS, the Charles Hardy Grim and Emily Grove Grim Trust held such funds pending the purchase of the Kernstown Battlefield from the Grim Trust; and WHEREAS, a dispute arose wherein the Circuit Court for the City of Winchester, in F &M Bank- Winchester, Trustee v. Grim, et al. Law No. 95 -276 and Chancery No. 96 -162, ordered the Grim Trust to repay the County the $250,000, pursuant to an Order entered January 15, 1997, which Order acted as a judgment (the "1997 Judgment ") against the real property of the Grim Trust, including the Kernstown Battlefield; and WHEREAS, at the time the judgment was entered, the Grim Trust had insufficient funds to repay the $250,000; and WHEREAS, the Board of Supervisors passed Resolution Number 002 -98, on July 8, 1998, "reaffirming its commitment toward the purchase of the battlefield property" and resolving- that "the amount of $250,000 ... shall be available to the Kernstown Battlefield Association to be used as part of the purchase price for the purchase of the Kernstown Battlefield property "; and WHEREAS, said funds were used by the Kernstown Battlefield Association as a credit toward the purchase of the Kernstown Battlefield; and WHEREAS, First Bank (as a potential lien holder on the property), by its counsel, is requesting that the County release the judgment to facilitate a financing transaction for the Kernstown Battlefield Association; and WHEREAS, Resolution Number 002 -98 states that, prior to the actual expenditure of any County funds or the incurring of any financial obligation by the County, the Board would need to take further action on the matter. NOW, THEREFORE, BE IT RESOLVED, that the County Administrator and the County Attorney are authorized to take all necessary action to release the 1997 Judgment as having been fully paid and satisfied. ADOPTED this 22 day of June, 2011. The above motion was approved by the following recorded vote: Minute Book Number 36 Board of Supervisors Regular Meeting of 06/22/11 360 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 DEVELOPMENT IMPACT MODEL OVERSIGHT COMMITTEE REPORT - APPROVED The Development Impact Model — Oversight Committee (DIM -OC) met on Tuesday, June 7, 2011 at 8:00 a.m. Members Present J. P. Carr Gary Dove Dr. John Lamanna Gary Lofton Stephen Pettler Josh Phelps Roger Thomas Kris Tierney Members Absent H. Paige Manuel Al Omdorff, Patrick Barker, and Eric Lawrence were present. ** *Item Requiring Action * ** The DIM -OC reviewed the critical inputs for the Annual Update of the Development Impact Model (DIM). The inputs are essential in order to maintain an updated DIM. It is important to note that the DIM is a planning tool which projects anticipated operational and capital facility costs associated with land use planning, although the DIM is also commonly referenced as the model utilized to project the capital facility costs associated with development and rezoning proposals. Upon approval of the DIM -OC's recommendation, staff will use the updated model in the consideration of land use planning analysis and for future rezoning petitions. The critical input spreadsheet (Attachment #1) and resulting projected capital facilities costs (Attachment #2) are attached for your information. Upon utilizing the critical input updated figures, the DIM projects the following impacts on the County's capital facilities: Single Family Dwelling Unit Town Home Dwelling Unit Apartment Dwelling Unit NEW FY2011 FY2012 $21,672 $17,134 $15,200 $12,135 $13,022 $ 8,633 The DIM -OC recommends the use of the critical inputs, and for their incorporation into model. Upon a motion by Supervisor Dove, seconded by Supervisor Lofton, the Board endorsed the critical inputs. 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 06/22/11 361 Gary W. Dove Aye Gene E. Fisher Aye Gary A. Lofton Aye ** *Informational Purposes Only * ** 1) Policy clarification: Utilize adopted CIP figures, or project bids /contract awards that are less than six months old. • Background: The DIM utilizes capital facility costs that were part of the most recently adopted county Capital Improvements Plan (CIP). The discussion, noted that sometimes these costs may not be the most accurate, since initial efforts in generating the CIP cost estimates begin in the summer yet are not adopted into the CIP until the following spring (potential nine month old data). The DIM -OC agreed that if more recent cost information, such as a project bid /contract award that is less than six months old is available, it would be appropriate to utilize this more accurate cost information in the DIM. 2) Critical Update Values • In implementing the policy clarification mentioned above, the School Board's Transportation Facility will be valued at $17,200,000 within the DIM reflective of the actual contract costs to construct the facility (under contract within last six months). • There was concern with the value for the Community Park Land ($72,000 per acre) and the Soccer Fields ($1,121,998 per field) both aspects of the Parks and Recreation current cost inputs. The land value was difficult to update since there were no recent land transactions to utilize for comparison purposes. The details of what composed the Soccer Fields to achieve the costs was unavailable during the discussion, but was generally believed to include subsurface drainage structures and lights. The consensus was to utilize the provided values in the update, but work towards clarifying the values and their composition for future updates. TRANSPORTATION COMMITTEE REPORT - APPROVED The Transportation Committee met on June 13, 2011 at 8:30 a.m. Members Present Chuck DeHaven (voting) James Racey (voting) Chris Collins (voting) Bryon Grigsby (voting) Gary Oates (liaison PC) Lewis Boyer (liaison Stephens City) Members Absent Mark Davis (liaison Middletown) George Kriz (liaison PC) ** *Items Requiring Action * ** 4. MPO Unified Planning Work Program (UPWP) - Approved Staff presented the draft MPO UPWP (attached as pages 4 through 23) to the Committee and particularly focused on concerns that had been raised over item 6 (page 19 of this report) which relates to bicycle and pedestrian planning in the region. Staff clarified that these are federal transit funds that are allowed to be used for various programs to promote bicycle and pedestrian traffic. Staff also noted that these - particular funds are in jeopardy of being reallocated to another region if they are not used. Staff noted that programs such as partnering with local tourism to create maps, partnering with local schools for bicycle safety training for youth through the training of local teachers and purchase of needed equipment for that program, internet promotion, and various other activities, would be allowable uses of these funds. Staff also noted that some on the MPO were proposing the funds be used to purchase items such as bicycle helmets for distribution. Staff also sought clarification for what uses the Committee would be comfortable with. Minute Book Number 36 Board of Supervisors Regular Meeting of 06/22/11 362 The Committee was supportive of all the initiatives that are noted above with the exception of the giveaways of bicycle helmets and other items. Note: On page 3 of the UPWP (page 12 of this report), there is a reference to a figure 3. This is a typo and should be a reference to figure 2. There is no figure 3. The Committee did not have further questions and recommended endorsement of the plan. Upon a motion by Supervisor DeHaven, seconded by Supervisor Collins, the Board endorsed the MPO Unified Planning Work Plan. 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 ** *Items Not Requiring Action * ** 1. Refuge Church Road Speed Concerns Staff advised the committee that Supervisor Ewing has been fielding complaints regarding unsafe driving and high speeds on Refuge Church Road. The committee has authorized staff to coordinate with VDOT on the issue and potentially return in July to request a speed study that could result in a speed limit reduction on that roadway. 2. Interstate and Primary Road Improvement Plans Attached please find the draft Interstate and Primary Road Improvement Plans (Pages 24 through 29 of this report). Priorities have not been changed from last year and the only adjustment being recommended by the Transportation Committee is the removal of bullet B of Item 1 of the Primary Plan in order to reflect the current state funding situation. This item will now go to the Planning Commission for a recommendation to the Board. The Committee has unanimously recommended approval as modified. 3. Traffic Calming In Canter Estates Staff advised the Committee that, with the opening of the connection between Wakeland Manor and Canter Estates, there has been an increase in traffic volume and speeding along Corrall Drive and Clydesdale Drive. The community is requesting that stop signs be considered at a number of intersections. Staff has consulted with Supervisor Fisher, who is supportive, and the Committee has authorized staff to work with VDOT to review the intersections in question and make improvements as needed. 5. MPO Long Range Plan Staff updated the Committee on the status and timeline of the MPO Long Range Transportation Plan. The currently proposed timeline is attached (pages 30 through 31), and is expected to be modified to allow more time for localities to cooperate and include their decision - making bodies properly. The MPO has until July of 2012 to adopt the new plan. Minute Book Number 36 Board of Supervisors Regular Meeting of 06/22/11 363 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 BUDET TO REFLECT: TRANSPORTATION DIRECTOR REQUEST FOR A GENERAL FUND SUPPLEMENTAL APPROPRIATION IN THE AMOUNT OF $4 MILLION. THIS AMOUNT REPRESENTS CONSTRUCTION COST FOR SNOWDEN BRIDGE BLVD. $1.3 MILLION WILL BE REIMBURSED BY VDOT ECONOMIC DEVELOPMENT ACCESS GRANTS AND THE REMAINDER REIMBURSED BY GRAYSTONE CORPORATION OF VIRGINIA. IT IS ALSO REQUESTED THAT THE COUNTY ADMINISTRATOR BE AUTHORIZED TO ENTER INTO THE PROJECT MANAGEMENT AGREEMENT — CANCELED. PLANNING COMMISSION BUSINESS 2030 COMPREHENSIVE POLICY PLAN — THIS IS A PUBLIC HEARING FOR THE 2030 FREDERICK COUNTY COMPREHENSIVE PLAN. THE PLAN COMPREHENSIVELY ADDRESSES THE FUTURE OF FREDERICK COUNTY FOR ITS CITIZENS. THE PLAN IS GUIDED BY THE VISION STATEMENT AND CORE VALUES CRAFTED AND ADOPTED BY THE FREDERICK COUNTY BOARD OF SUPERVISORS. THE PLAN IS SUPPORTED BY TWO APPENDICES: APPENDIX I, WHICH INCLUDES EACH OF THE COUNTY'S AREA PLANS, AND APPENDIX II, WHICH PROVIDES BACKGROUND ANALYSIS AND STUDIES IN SUPPORT OF THE PLAN. (RESOLUTION #060- 11) THE PLAN IN ITS ENTIRETY MAY BE VIEWED AT WWW.FREDERICKCOUNTYVA.GOV (PUBLIC HEARING HELD ON APRIL 27, 2011. ACTION POSTPONED FOR 60 DAYS.) — POSTPONED UNTIL SEPTEMBER 28, 2011 MEETING. Deputy Planning Director Michael Ruddy appeared before the Board regarding this item. He advised the 2030 Comprehensive Plan was presented to the Planning Commission at its April 6, 2011 meeting and the Commission forwarded a recommendation for approval at their April 20, 2011 meeting. The Board held a public hearing on this item at its April 27, 2011 meeting and postponed action for 60 days. The item was being presented again this evening for the Board's consideration. He concluded by saying he would be glad to answer any questions the Board might have. Supervisor Dove moved to adopt the 2030 Comprehensive Plan. The motion died due to the lack of a second. Supervisor Collins stated he thought this was a good plan, but there were still questions to be resolved. He then moved to table this item until the September 28, 2011 meeting. Vice- Chairman Ewing seconded the motion. 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 06/22/11 364 Gary W. Dove Nay Gene E. Fisher Nay Gary A. Lofton Nay Chairman Shickle stated the motion was to postpone. He then stated he wanted the Board to be a little more directive regarding this item. He asked how they wanted to proceed. Supervisor Fisher stated he thought the plan, as a whole, was a good plan. He noted problematic item was an ordinance that has been in effect for over a year. He recommended the TDR ordinance be sent to the Code and Ordinance Committee for review of the taxation policies, etc. Supervisor DeHaven stated he was not sure Code and Ordinance was the right venue to look at this ordinance. He noted some valid points had been raised regarding taxation and there were some legal issues he felt the county attorney could review. He concluded by saying if the Code and Ordinance Committee was the best place to get those questions answered, then he was okay with that approach. Supervisor Lofton concurred with Supervisor DeHaven. Vice - Chairman Ewing concurred with Supervisor DeHaven. Supervisor Dove disagreed and stated he did not believe it should be sent anywhere. Supervisor Collins agreed with Supervisor Fisher's comments. Supervisor Lofton stated he wanted to see written questions submitted so the Board would have the benefit of seeing all of the questions. Supervisor DeHaven stated if people were not sure if their contact information was on a list they should contact the Board or staff so we could have a complete distribution. Chairman Shickle recapped for the following for the Board and citizens: - The Transfer of Development Rights Ordinance has been referred to the Code and Ordinance Committee for review. - Citizen comments regarding the Comprehensive Plan should be forwarded to staff. - Supervisors can deal with individual inquiries. Vice- Chairman Ewing stated he would like to set a two week deadline for questions to be submitted. CONSERVATION EASEMENT AUTHORITY REQUEST FOR SUPPORT OF WRIGHT PROPERTY IN THE PURCHASE OF DEVELOPMENT RIGHTS (PDR) PROGRAM — VIRGINIA LAND CONSERVATION FUND GRANT PROGRAM APPLICATION. — (RESOLUTION #061 -11) - APPROVED Planning Director Eric Lawrence appeared before the Board regarding this item. He Minute Book Number 36 Board of Supervisors Regular Meeting of 06/22/11 365 advised the Conservation Easement Authority had been working with the Wright family to secure funding for a conservation easement on their property. The property is part of Hill High Farm (aka The Pumpkin Patch) and is a century farm. The property is located off of Cedar Creek Grade on Barley Lane. The applicants wish to secure an easement on the 98 acre tract that contains the original farm house. The request before the Board of Supervisors is to support the application for funding through the Virginia Land Conservation Grant Program. The Potomac Conservancy will co -hold the property. He concluded by saying no local funds would be needed for this purchase. Upon a motion by Supervisor Lofton, seconded by Supervisor DeHaven, the Board endorsed the Conservation Easement Authority application. RESOLUTION ( #061 -11) OF SUPPORT BY THE FREDERICK COUNTY BOARD OF SUPERVISORS WRIGHT PROPERTY CONSERVATION EASEMENT SUPPORT TO APPLY FOR THE VIRGINIA LAND CONSERVATION FUND GRANT PROGRAM WHEREAS, the Conservation Easement Program was established by the Frederick County Board of Supervisors on August 24, 2005 to provide a means to assist county landowners in protecting and preserving farm and forest land, open space, scenic vistas, historic sites, water resources and environmentally sensitive lands, and the county's rural character; and WHEREAS, the Conservation Easement Authority seeks support from the Frederick County Board of Supervisors to apply for grant funds from the Virginia Land Conservation Fund Grant Program which is administered by the Virginia Department of Conservation and Recreation; and WHEREAS, Vernon and Wendy Wright and Family would like to place a Conservation Easement, to protect, in perpetuity, on property identified by Property Identification Number 61- A-17, with a total of 98 acres, in the Back Creek Magisterial District; and WHEREAS, the purchase of this conservation easement would be in the best interest of the protecting valuable County resources and the County's rural character, would preserve and protect in perpetuity open space for the scenic enjoyment of the public and yield a significant public benefit, would preserve farm and pasture land, help preserve and support agribusiness, and protect the Cedar Creek watershed. NOW, THEREFORE, BE IT RESOLVED, that the Frederick County Board of Supervisors supports and endorses the Conservation Easement Authority efforts to apply for grant funding from the Virginia Land Conservation Fund Grant Program to help fund the purchase of a conservation easement on the 98 acre property owned by Vernon and Wendy Wright. This resolution shall be in effect on the date of adoption. Passed this 22 °a day of June, 2011 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 Regular Meeting of 06/22/11 366 BOARD LIAISON REPORTS There were no Board liaison reports. CITIZEN COMMENTS Mark Berg, Back Creek District, stated that Mr. Lawrence mention the CEA was a co- holder of the easement, but he did not mention that the County is the purchaser. He went on to say even though there were no local funds the money to purchase this easement would be coming from other people in order to fund something where the County will co -hold the development rights. He stated if the County gets involved as a co- purchaser, it complicates the issue. He asked if it was correct that the County and Conservation Easement Authority are holders of a PDR. He stated this has not happened before and more needs to be addressed. He went on to say there are tax issues, etc. associated with this program. He concluded by saying he could find more questions that come up. Kathy Erickson -Nord, a business owner in Winchester and a resident of Berkeley Springs, WV, urged the Board to pass a resolution regarding the Glass- Steagall Act, which separates investment banks and commercial banks. She also spoke about speculative food pricing and the need to put controls in place necessary to help the population. She asked the Board please place this item as a high priority on their next agenda. She urged the Board to send Congressman Wolf and Senators Webb and Warner letters because we are running out of time, food, and money. Dennis Nord, Berkeley Springs, WV, asked to address the Board regarding the same issues. Chairman Shickle encouraged him to take his concerns to the county commission in West Virginia. BOARD OF SUPERVISORS COMMENTS Supervisor Lofton stated he had heard about Carroll County Maryland's farm preservation program. He noted they did not have a transfer of development rights program, but rather a purchase of development rights program. They have preserved 54,000 acres in this program and have set a goal to preserve 100,000 acres within ten years. He concluded by saying they are dedicating millions of dollars to preservation. ADJOURN UPON A MOTION BY VICE - CHAIRMAN EWING, SECONDED BY Minute Book Number 36 Board of Supervisors Regular Meeting of 06/22/11 367 SUPERVISOR DOVE, THERE BEING NO FURTHER BUSINESS TO COME BEFORE THIS BOARD, THIS MEETING IS HEREBY ADJOURNED. (8:35 P.M.) y. Richard C. Shickle fferk%,oard ' ey, r. Chairman, Board of Supervisors of Supervisors Minutes Prepared By: G. - w Jay E T' bs Deputy Clerk, Board of Supervisors Minute Book Number 36 Board of Supervisors Regular Meeting of 06/22/11