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HomeMy WebLinkAboutJanuary 11 2012 Regular Meeting Minutes165 A Regular Meeting of the Frederick County Board of Supervisors was held on Wednesday, January 11, 2012, at 6:30 P.M., in the Board of Supervisors' Meeting Room, County Administration Building, 107 North Kent Street, Winchester, Virginia. PRESENT Chairman Richard C. Shickle; Charles S. DeHaven, Jr.; Bill M. Ewing; Gene E. Fisher; Gary A. Lofton; and Ross P. Spicer. ABSENT Christopher E. Collins (arrived at 6:40 P.M.) CALL TO ORDER Chairman Shickle called the meeting to order. BOARD RETIRED INTO CLOSED SESSION Upon a motion by Supervisor Ewing, seconded by Supervisor Spicer, the Frederick County Board of Supervisors convened in closed session pursuant to §2.2 -3711 A (7) for consultation with legal counsel and /or briefings by staff regarding a litigation matter, Winchester 81, LLC v. Frederick County Board of Supervisors, et al., currently pending in the Frederick County circuit court, requiring the provision of legal advice by counsel where such consultation and /or briefing in open meeting would adversely affect the negotiating or litigating posture of the county. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Bill M. Ewing Aye Christopher E. Collins Absent Charles S. DeHaven, Jr. Aye Ross P. Spicer Aye Gene E. Fisher Aye Gary A. Lofton Aye BOARD RECONVENED INTO REGULAR SESSION Upon a motion by Supervisor Ewing, seconded by Supervisor Fisher, 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 Ross P. Spicer Aye Gene E. Fisher Aye Gary A. Lofton Aye Minute Book Number 37 Board of Supervisors Regular Meeting of 01/11/12 166 Upon a motion by Supervisor Ewing, seconded by Supervisor Lofton, the Board certified that to the best of each board member's knowledge the Board discussed only legal matters, pursuant to Virginia Code Section 22-3711 A (7) consultation with legal counsel and /or briefings by staff regarding a litigation matter, Winchester 81, LLC v. Frederick County Board of Supervisors, et al., currently pending in the Frederick County circuit court, requiring the provision of legal advice by counsel where such consultation and /or briefing in open meeting would adversely affect the negotiating or litigating posture of the county. 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 Ross P. Spicer Aye Gene E. Fisher Aye Gary A. Lofton Aye RECESS Upon a motion by Supervisor Ewing, seconded by Supervisor Lofton, 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 Ross P. Spicer Aye Gene E. Fisher Aye Gary A. Lofton Aye CALL TO ORDER Chairman Shickle called the regular meeting to order. INVOCATION Greg Rinard, Emmanuel Baptist Church, delivered the invocation. PLEDGE OF ALLEGIANCE Supervisor Ewing led the Pledge of Allegiance. ORGANIZATION OF THE BOARD OF SUPERVISORS FOR 2012 ELECTION OF VICE - CHAIRMAN — BILL M. EWING ELECTED Supervisor Spicer nominated Supervisor Ewing for the office of Vice - Chairman. The nomination was seconded by Supervisor Collins. Minute Book Number 37 Board of Supervisors Regular Meeting of 01/11/12 167 Upon a motion by Supervisor Lofton, seconded by Supervisor Fisher, the Board closed the nominations. 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 Gene E. Fisher Aye Gary A. Lofton Aye Ross P. Spicer Aye The motion to approve Bill M. Ewing as Vice - Chairman was approved by the following recorded vote: Richard C. Shickle Aye Bill M. Ewing Abstain Christopher E. Collins Aye Charles S. DeHaven, Jr. Aye Gene E. Fisher Aye Gary A. Lofton Aye Ross P. Spicer Aye ADOPTION OF RULES OF PROCEDURE — APPROVED Upon a motion by Supervisor DeHaven, seconded by Supervisor Fisher, the Board adopted the Rules of Procedure Frederick County Board of Supervisors and Robert's Rules of Order Simplified and Applied. 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 Gene E. Fisher Aye Gary A. Lofton Aye Ross P. Spicer Aye SELECTION OF A PARLIAMENTARIAN - JOHN R. RILEY, JR. ELECTED Upon a motion by Vice- Chairman Ewing, seconded by Supervisor DeHaven, the Board elected County Administrator John R. Riley, Jr. as Parliamentarian. 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 Gene E. Fisher Aye Gary A. Lofton Aye Ross P. Spicer Aye SELECTION OF A TIME AND PLACE FOR REGULAR MEETINGS - APPROVED Minute Book Number 37 Board of Supervisors Regular Meeting of 01/11/12 Supervisor Lofton moved that the second and fourth Wednesdays of each month, at 7:15 P.M., in the Board of Supervisors' Meeting Room, County Administration Building, 107 North Kent Street, Winchester, Virginia be the time and meeting place for the Frederick County Board of Supervisors for 2012. Should the meeting be cancelled due to inclement weather, then it will take place on the following evening. The motion was seconded by Supervisor Spicer. The above motion was passed by the following recorded vote: Richard C. Shickle Aye Bill M. Ewing Aye Christopher E. Collins Aye Charles S. DeHaven, Jr. Aye Gene E. Fisher Aye Gary A. Lofton Aye Ross P. Spicer Aye CHAIRMAN'S BOARD /COMMITTEE ASSIGNMENTS Chairman Shickle offered the following 2012 committee assignments. He noted there remained a few citizen member vacancies on some of the committees and he would pass along information on filling those seats as he obtained it. Richard C. Shickle Finance Committee; Joint Finance Committee; Metropolitan Planning Organization; Northwestern Regional Jail Board alternate. Bill M. Ewing Finance Committee Chairman; Code and Ordinance Committee; Human Resources Committee; Technology Committee; Joint Finance Committee; Regional Jail Board; Handley Regional Library liaison. Gary A. Lofton Public Safety Committee Chairman; Technology Committee Chairman; Public Works Committee; Finance Committee; Economic Development Commission; Industrial Development Authority; Social Service Board; Agricultural District Advisory Committee; Extension Leadership Council. Gene E. Fisher Public Works Committee Chairman; Public Safety Committee; Transportation Committee; Airport Authority; Conservation Easement Authority; Frederick - Winchester Service Authority; Water Resources Advisory Committee; Sanitation Authority liaison. Charles S. DeHaven, Jr. Transportation Committee Chairman; Finance Committee; Technology Committee; Metropolitan Planning Organization; Northern Shenandoah Valley Regional Commission; Juvenile Detention Center Board; Northwestern Regional Adult Detention Center Board. Christopher E. Collins Code & Ordinance Committee Chairman; Human Resources Committee; Public Safety Committee; Minute Book Number 37 Board of Supervisors Regular Meeting of 01/11/12 169 Transportation Committee; Parks & Recreation Commission liaison; Fire & Rescue Association liaison; Winchester- Frederick County Convention and Visitors' Bureau Board. Ross P. Spicer Human Resources Committee Chairman; Code and Ordinance Committee; Public Works Committee; Air Quality Task Force; Northern Shenandoah Regional Commission; Shenair; Planning Commission liaison; Landfill Oversight Finance Committee Bill M. Ewing, Chairman Charles S. DeHaven, Jr. Gary A. Lofton Richard C. Shickle Richie Wilkins Ronald E. Hottle Stephen Swiger C. William Omdoff, Jr., Treasurer, Non- Voting Liaison Ellen E. Murphy, Commissioner of the Revenue, Non - Voting Liaison Human Resources Committee L J Ross P. Spicer, Chairman Bill M. Ewing Christopher E. Collins Philip C.G. Farley Sharen Gromling Public Safety Committee Gary A. Lofton, Chairman Gene E. Fisher Christopher E. Collins Timothy E. Price Charles R. "Chuck" Torpy Sheriff Robert T. Williamson Denny Linaburg, Fire Chief John R. Riley, Jr., County Administrator Roderick "Rod" B. Williams, County Attorney Glenn R. Williamson, Commonwealth's Attorney Brenda L. Vance, Liaison, Winc -Fred General District Court Ann B. Lloyd, Liaison, Winc -Fred Juvenile & Domestic Relations Court Public Works Committee L_J Gene E. Fisher, Chairman Gary A. Lofton Ross P. Spicer George H. Ludwig James T. Wilson Whitney "Whit" L. Wagner Robert W. Wells Technology Committee (New Committee) Gary A. Lofton, Chairman Charles S. DeHaven, Jr. Bill M. Ewing Quaisar Absar Minute Book Number 37 Board of Supervisors Regular Meeting of 01/11/12 170 Transportation Committee Charles S. DeHaven, Jr., Chairman Gene E. Fisher Christopher E. Collins James M. Racey, II Byron Grigsby ADOPTION OF AGENDA - APPROVED County Administrator John R. Riley, Jr. advised he had no changes to the agenda. Upon a motion by Supervisor Lofton, 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 Gene E. Fisher Aye Gary A. Lofton Aye Ross P. Spicer Aye CONSENT AGENDA - APPROVED Administrator Riley offered the following item for the Board's consideration under the consent agenda: - Lake Holiday Dam Working Committee — Tab I. 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 Gene E. Fisher Aye Gary A. Lofton Aye Ross P. Spicer 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 DeHaven, seconded by Supervisor Lofton, the Board approved the minutes from the December 7, 2011 work session by the following recorded vote: Richard C. Shickle Aye Bill M. Ewing Aye Christopher E. Collins Aye Lj Minute Book Number 37 Board of Supervisors Regular Meeting of 01/11/12 171 Charles S. DeHaven, Jr. Aye Gene E. Fisher Aye Gary A. Lofton Aye Ross P. Spicer Aye Upon a motion by Supervisor Lofton, seconded by Supervisor Fisher, the Board approved Upon a motion by Vice - Chairman Ewing, seconded by Supervisor Lofton, the Board approved the minutes from the December 20, 2011 budget work session by the following recorded vote: the minutes from the December 14, 2011 regular meeting by the following recorded vote: Aye Richard C. Shickle Aye Christopher E. Collins Aye Bill M. Ewing Aye Aye Christopher E. Collins Aye Gary A. Lofton Aye Charles S. DeHaven, Jr. Aye Aye Gene E. Fisher Aye Aye Gary A. Lofton Aye Aye Ross P. Spicer Aye Upon a motion by Vice - Chairman Ewing, seconded by Supervisor Lofton, the Board approved the minutes from the December 20, 2011 budget work session by the following recorded vote: ' Ross P. Spicer Aye COUNTY OFFICIALS PRESENTATION OF EMPLOYEE CERTIFICATE OF APPRECIATION - APPROVED Upon a motion by Supervisor DeHaven, seconded by Supervisor Fisher, the Board approved a certificate of appreciation for Harry "Connie" Loy, a part-time site attendant at the Albin Convenience site, for going above and beyond his normal work duties. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Aye Bill M. Ewing Aye Bill M. Ewing Christopher E. Collins Aye Charles S. DeHaven, Jr. Aye Aye Gene E. Fisher Aye Charles S. DeHaven, Jr. Gary A. Lofton Aye ' Ross P. Spicer Aye COUNTY OFFICIALS PRESENTATION OF EMPLOYEE CERTIFICATE OF APPRECIATION - APPROVED Upon a motion by Supervisor DeHaven, seconded by Supervisor Fisher, the Board approved a certificate of appreciation for Harry "Connie" Loy, a part-time site attendant at the Albin Convenience site, for going above and beyond his normal work duties. The above motion was approved by the following recorded vote: APPOINTMENT OF ROSE MCDONALD AS GAINESBORO DISTRICT REPRESENTATIVE TO THE EXTENSION LEADERSHIP COUNCIL - APPROVED Minute Book Number 37 Board of Supervisors Regular Meeting of 01/11/12 Richard C. Shickle Aye Bill M. Ewing Aye Christopher E. Collins Aye Charles S. DeHaven, Jr. Aye Gene E. Fisher Aye Gary A. Lofton Aye Ross P. Spicer Aye ' COMMITTEE APPOINTMENTS APPOINTMENT OF ROSE MCDONALD AS GAINESBORO DISTRICT REPRESENTATIVE TO THE EXTENSION LEADERSHIP COUNCIL - APPROVED Minute Book Number 37 Board of Supervisors Regular Meeting of 01/11/12 172 Upon a motion by Supervisor Spicer, seconded by Supervisor Lofton, the Board appointed Rose McDonald as Gainesboro District representative to the Extension Leadership Council. This is a four year appointment, said term to expire January 26, 2016. 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 Gene E. Fisher Aye Gary A. Lofton Aye Ross P. Spicer Aye REAPPOINTMENT OF GREG UNGER AS BACK CREEK REPRESENTATIVE TO THE PLANNING COMMISSION - APPROVED Upon a motion by Supervisor Lofton, seconded by Vice - Chairman Ewing, the Board reappointed Greg Unger as Back Creek District representative to the Planning Commission. This is a four year appointment, said term to expire January 26, 2016. 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 Gene E. Fisher Aye Gary A. Lofton Aye Ross P. Spicer Aye APPOINTMENT OF KEVIN W. KENNEY AS GAINESBORO DISTRICT REPRESENTATIVE TO THE PLANNING COMMISSION - APPROVED Upon a motion by Supervisor Spicer, seconded by Supervisor DeHaven, the Board appointed Kevin W. Kenney as Gainesboro District representative to the Planning Commission. This is a four year appointment, said term to expire January 26, 2016. 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 Gene E. Fisher Aye Gary A. Lofton Aye Ross P. Spicer Aye REAPPOINTMENT OF H. PAIGE MANUEL AS SHAWNEE DISTRICT REPRSENTATIVE TO THE PLANNING COMMISSION - APPROVED Upon a motion by Supervisor Fisher, seconded by Supervisor Lofton, the Board reappointed H. Paige *Manuel as Shawnee District representative to the Planning Commission. This is a four year appointment, said term to expire January 26, 2016. u Minute Book Number 37 Board of Supervisors Regular Meeting of 01/11/12 11173 The above motion was approved by the following recorded vote: Upon a motion by Supervisor Spicer, seconded by Supervisor Del - laven, the Board reappointed Paul W. Hillyard, III as Gainesboro District representative to the Parks and Recreation Commission. This is a four year appointment, said term to expire February 13, 2016. 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 Gene E. Fisher Aye Gary A. Lofton Aye Ross P. Spicer Aye REQUEST FROM COMMISSIONER OF THE REVENUE FOR REFUNDS - APPROVED Administrator Riley advised the Commissioner of the Revenue was seeking authorization for the Treasurer to refund the following: I. CitiFinancial Services, Inc. in the amount of $3,504.50 for closure of a business and resulting refund. This business was reopened in another name and different Federal ID and no revenue was lost. The county attorney has reviewed the request and the refund appears justified. Upon a motion by Vice- Chairman Ewing, seconded by Supervisor DeHaven, the Board approved the above refund request by the following recorded vote: Richard C. Shickle Aye Bill M. Ewing Aye Christopher E. Collins Aye Charles S. DeHaven, Jr. Aye Gene E. Fisher Aye Gary A. Lofton Aye ' Ross P. Spicer Aye REAPPOINTMENT OF PAUL W. HILLYARD, III AS GAINESBORO DISTRICT REPRESENTATIVE TO THE PARKS AND RECREATION COMMISSION - APPROVED Upon a motion by Supervisor Spicer, seconded by Supervisor Del - laven, the Board reappointed Paul W. Hillyard, III as Gainesboro District representative to the Parks and Recreation Commission. This is a four year appointment, said term to expire February 13, 2016. 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 Gene E. Fisher Aye Gary A. Lofton Aye Ross P. Spicer Aye REQUEST FROM COMMISSIONER OF THE REVENUE FOR REFUNDS - APPROVED Administrator Riley advised the Commissioner of the Revenue was seeking authorization for the Treasurer to refund the following: I. CitiFinancial Services, Inc. in the amount of $3,504.50 for closure of a business and resulting refund. This business was reopened in another name and different Federal ID and no revenue was lost. The county attorney has reviewed the request and the refund appears justified. Upon a motion by Vice- Chairman Ewing, seconded by Supervisor DeHaven, the Board approved the above refund request by the following recorded vote: 2. BMW Financial Services NA, LLC. in the amount of $3,671.92 for removal of one leased vehicle for 2010 and 20111, which was reported to the wrong jurisdiction. The county attorney has reviewed the request and the refund appears justified. Upon a motion by Supervisor DeFIaven, seconded by Supervisor Fisher, the Board approved the above refund request by the following recorded vote: Minute Book Number 37 Board of Supervisors Regular Meeting of 01 /11/12 Richard C. Shickle Aye Bill M. Ewing Aye Christopher E. Collins Aye Charles S. DeHaven, Jr. Aye Gene E. Fisher Aye Gary A. Lofton Aye ' Ross P. Spicer Aye 2. BMW Financial Services NA, LLC. in the amount of $3,671.92 for removal of one leased vehicle for 2010 and 20111, which was reported to the wrong jurisdiction. The county attorney has reviewed the request and the refund appears justified. Upon a motion by Supervisor DeFIaven, seconded by Supervisor Fisher, the Board approved the above refund request by the following recorded vote: Minute Book Number 37 Board of Supervisors Regular Meeting of 01 /11/12 174 Richard C. Shickle Aye Bill M. Ewing . Aye Christopher E. Collins Aye Charles S. DeHaven, Jr. Aye Gene E. Fisher Aye Gary A. Lofton Aye Ross P. Spicer Aye 3. James River Equipment Co., Inc. in the amount of $2,962.35 for removal of a truck to another location not previously reported by the company. The county attorney has reviewed the request and the refund appears justified. Upon a motion by Supervisor Spicer, seconded by Vice - Chairman Ewing, 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 Gene E. Fisher Aye Gary A. Lofton Aye Ross P. Spicer Aye 4. D L Peterson Trust in the amount of $3,049.14 for the normal proration of two leased commercial vehicles for 2009, 2010, and 2011. The county attorney has reviewed the request and the refund appears justified. Upon a motion by Supervisor Lofton, 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 Gene E. Fisher Aye Gary A. Lofton Aye Ross P. Spicer Aye AUTHORIZATION TO FILE AN APPEAL WITH THE CIRCUIT COURT OF THE DECISION OF THE BOARD OF ZONING APPEALS REGARDING THE PROPERTY AT 417 FROG HOLLOW ROAD, IDENTIFIED WITH PROPERTY IDENTIFICATION NUMBER 22 -A -20 IN THE GAINESBORO MAGISTERIAL DISTRICT - APPROVED Supervisor Spicer advised that he had asked for this item to be placed on the agenda. He reviewed the history of this issue including the request for a conditional use permit, which the Board denied at their September 2011 meeting. He went on to say the purpose of this motion was to ensure the Board of Supervisors' action is carried out. Upon a motion by Supervisor , Spicer, seconded by Supervisor Collins, the Board of Supervisors of the County of Frederick, Virginia, authorize the filing of an appeal with the Circuit Court of the decision of the Board of Zoning Appeals regarding the property at 417 Frog Hollow Road, identified with Property Identification Number 22 -A -20 in the Gainesboro Magisterial District. Minute Book Number 37 Board of Supervisors Regular Meeting of 01/11/12 11 175 The above motion was approved by the following recorded vote: Assistant County Administrator Kris Tierney stated the Board previously approved the demolition of the buildings at the old Gainesboro School. Since that time, board members have received inquiries regarding the possible sale of the buildings and property. Staff was seeking direction from the Board as to whether or not they would like to advertise the property for sale. Vice - Chairman Ewing stated that he believed that was a viable option. Supervisor Fisher stated that was not an option originally considered by the Public Works Committee, but he would support advertising the property for sale. Upon a motion by Supervisor Spicer, seconded by Supervisor Fisher, the Board authorized the advertising for sale of the old Gainesboro School. The above motion was approved by the following recorded vote: Richard C. Shickle Richard C. Shickle Aye Bill M. Ewing Bill M. Ewing Aye Christopher E. Collins Christopher E. Collins Aye Charles S. DeHaven, Jr. Charles S. DeHaven, Jr. Aye Gene E. Fisher Gene E. Fisher Aye Gary A. Lofton Gary A. Lofton Aye Ross P. Spicer Ross P. Spicer Aye MEMORANDUM RE: OLD GAINESBORO SCHOOL — APPROVED ADVERTISING THE PROPERTY FOR SALE Assistant County Administrator Kris Tierney stated the Board previously approved the demolition of the buildings at the old Gainesboro School. Since that time, board members have received inquiries regarding the possible sale of the buildings and property. Staff was seeking direction from the Board as to whether or not they would like to advertise the property for sale. Vice - Chairman Ewing stated that he believed that was a viable option. Supervisor Fisher stated that was not an option originally considered by the Public Works Committee, but he would support advertising the property for sale. Upon a motion by Supervisor Spicer, seconded by Supervisor Fisher, the Board authorized the advertising for sale of the old Gainesboro School. 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 Gene E. Fisher Aye Gary A. Lofton Aye Ross P. Spicer Aye RESOLUTION ( #036 -12) RE: ADOPTION OF REVISED EMERGENCY OPERATIONS PLAN- APPROVED Administrator Riley advised this was a request for the Board to adopt the resolution adopting the revised Emergency Operations Plan. He noted this plan was required by all localities in Virginia to provide for the safety of their citizens. The plan will be reviewed and ' amended as necessary. Chairman Shickle asked that the Board be given an annual assessment of the plan, if such a document or report was to be filed with the state or other agency. Upon a motion by Supervisor DeHaven, seconded by Supervisor Spicer, the Board approved the resolution adopting the revised Emergency Operations Plan. WHEREAS, the Board of Supervisors of the County of Frederick, Virginia recognizes the need to prepare for, respond to, and recover from natural and manmade disasters; and Minute Book Number 37 Board of Supervisors Regular Meeting of 01/11/12 176 WHEREAS, the County of Frederick has a responsibility to provide for the safety and well being of its citizens and visitors; and WHEREAS, the County of Frederick has established and appointed a Director, Deputy Director, Coordinator, and Deputy Coordinator of Emergency Management. NOW, THEREFORE, BE IT RESOLVED, by the Board of Supervisors of the County of Frederick, Virginia, this Emergency Operations Plan as revised is officially adopted, and , BE IT FURTHER RESOLVED AND ORDERED, that the Director of Emergency management, or his/her designee, are tasked and authorized to maintain and revise as necessary this document over the next four (4) year period or until such time it be ordered to come before this board. 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 Gene E. Fisher Aye Gary A. Lofton Aye Ross P. Spicer Aye COMMITTEE REPORTS LAKE HOLIDAY DAM WORKING COMMITTEE REPORT — APPROVED UNDER CONSENT AGENDA The LHSD Dam Working Committee met in the Public Works Department Conference ' Room located on the t ad Floor of the 107 North Kent Street complex on Tuesday, December 20, 2011 at 10:00 a.m. Members present: Dave Buermeyer, Dave Burleson, Ed Strawsnyder, and Kris Tierney No Items Require Board Action 1) General Update a. Spillway construction is progressing on schedule. Working with Verizon to try and facilitate relocation of phone lines from across the old spillway in order to allow for demo. b. A second requisition request was submitted to VRA and payment has been received. 2) Discussion of LHSD Tax Collections and Future Rates Attached is a memo which summarizes LHSD collections as of 12/12/11. Collections were sufficient to cover 2011 (interest only) debt service payment. The Committee discussed the need to develop a recommendation on any adjustments to LHSD rates for 2012 by the first part of the New Year and agreed that reverting to an ad valorem tax rate versus the current two tiered , structure should be examined. 3) There was no other business and the meeting adjourned 4) Adjourn. FINANCE COMMITTEE REPORT - APPROVED Minute Book Number 37 Board of Supervisors Regular Meeting of 01/11/12 The Finance Committee met in the First Floor Conference Room at 107 North Kent Street on Tuesday, December 20, 2011 at 8:00 a.m. Member Stephen Swiger was absent. Item 1 was approved under consent agenda. Upon a motion by Vice - Chairman Ewing, 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 Gene E. Fisher Aye Gary A. Lofton Aye Ross P. Spicer Aye 1. The NRADC Superintendent requests NRADC Fund (11) supplemental appropriation in the amount of $11, 404.91. This amount represents an insurance reimbursement for storm damages to the security and surveillance system. No local funds required. See attached memo, p. 1. — Approved Under Consent Agenda. 2. The Registrar requests a General Fund (10) supplemental appropriation in the amount of $35,882.45 This amount represents funds needed for the March 2012 Presidential Primaries. The State of Virginia will reimburse the County for all expenses. See attached memo, p. 2 -3. 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 Gene E. Fisher Aye Gary A. Lofton Aye Ross P. Spicer Aye 3. The Transportation Director requests a Development Projects Fund (27) supplemental appropriation in the amount of $2 million to begin work on Phase I of the Renaissance Drive Project. Project costs will be reimbursed at the rate of 50% from the State and 50% from private development. No local funds required. See attached information, p. 4 -17. The committee recommends approval. — Approved. Upon a motion by Vice - Chairman Ewing, seconded by Supervisor Lofton, the Board approved the above request by the following recorded vote: Richard C. Shickle Aye Bill M. Ewing Aye Christopher E. Collins Aye 1 Charles S. DeHaven, Jr. Aye Gene E. Fisher Aye Gary A. Lofton Aye Ross P. Spicer Aye 4. The Sheriff requests a General Fund (10) supplemental appropriation in the amount of $319.636 This amount represents Phase I of the Mobile Data System Project. See attached information, p. 18 -20. The committee recommends approval. — Approved. Minute Book Number 37 Board of Supervisors Regular Meeting of 01/11/12 177 178 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 Gene E. Fisher Aye Gary A. Lofton Aye Ross P. Spicer Aye 5. The Sheriff requests a General Fund (10) supplemental appropriation in t he total amount of $27,636.59 for the following items: No local funds required. — Approved. a. $6,896 represents DARE donations received for use in the program. See attached memos, p. 21 -23. The committee recommends approval. b. $5,131.10 represents an insurance reimbursement for a damaged automobile. See attached memo, p. 24. The committee recommends approval. c. $3,070.16 represents reimbursements received for prisoner extraditions. See attached memo, p. 25. The committee recommends approval. d. $12,539.33 represents proceeds from the sale of salvage and surplus which will be used for professional health services, printing/binding and travel /training expenses. See attached memo, p. 26. The committee recommends approval. 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 Gene E. Fisher Aye Gary A. Lofton Aye Ross P. Spicer Aye 6. The Finance Director requests a General Fund (10) supplemental appropriation in the amount of $8,500.08 This amount represents unspent VJCCCA funds and will be returned to the State. See attached memo, p. 27. The committee recommends approval. - Approved Upon a motion by Vice - Chairman Ewing, seconded by Supervisor Lofton, 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 Gene E. Fisher Aye Gary A. Lofton Aye Ross P. Spicer Aye 7. Staff requests discussion and directive on the FY 2013 budget. See attached information p. 28 -33. ** *Information Only * ** Minute Book Number 37 Board of Supervisors Regular Meeting of 01 /11/12 �I� 179 1. The Finance Director provides a Fund 10 Transfer report for FY 12. See attached, p. 34 -36. 2. The Finance Director provides an FY12 Unreserved Fund Balance report. See attached, p. 37. 3. The Finance Director provides financial statements for the period ending November 30, 2011. See attached, p. 38 -50. BOARD LIAISON REPORTS There were no Board liaison reports. CITIZEN COMMENTS Jay Martz., Gainesboro District, addressed the Board regarding: - Old Gainesboro School. It was a shame that the building was allowed to fall into such disrepair. He felt the resources should have been provided to keep it maintained. - Spending $15 million on a new transportation facility. - Frederick County schools looking at a new high school. He hoped people were thinking ahead to the future since most of the new schools have been at capacity when they opened. - He reviewed the mandate report provided by the state and he noticed there were 80 recommendations for local government and 120 for education. He concluded by saying maybe we should look at reducing the expenditures we have instead of considering raising taxes. BOARD OF SUPERVISORS COMMENTS There were no Board of Supervisors' comments. ADJOURN UPON A MOTION BY VICE - CHAIRMAN EWING, SECONDED BY SUPERVISOR FISHER, THERE BEING NO FURTHER BUSINESS TO COME BEFORE THIS BOARD, THIS MEETING IS HEREBY ADJOURNED. (7:55 P.M.) Richard C. Shickle Chairman, Board of Supervisors Joh - 'ley, r. Clerk, Board of Supervisors Minutes Prepared By: L ju � — /4 Jay E. T' bs Deputy Clerk, Board of Supervisors Minute Book Number 37 Board of Supervisors Regular Meeting of 01/11/12