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HomeMy WebLinkAboutMay 23 2012 Regular Meeting Minutes33 A Regular Meeting of the Frederick County Board of Supervisors was held on Wednesday, May 23, 2012, at 7:15 P.M., in the Board of Supervisors' Meeting Room, County Administration Building, 107 North Kent Street, Winchester, Virginia. PRESENT Chairman Richard C. Shickle; Christopher E. Collins; Charles S. DeHaven, Jr.; Bill M. Ewing; Gene E. Fisher; Gary A. Lofton; and Ross P. Spicer. CALL TO ORDER Chairman Shickle called the meeting to order. INVOCATION Supervisor Collins delivered the invocation. PLEDGE OF ALLEGIANCE Vice - Chairman Ewing led the Pledge of Allegiance. ADOPTION OF AGENDA — APPROVED AS AMENDED County Administrator Riley offered the following changes to the agenda: - Removal of the CitiFinancial refund request from Tab D, as this was originally approved in January 2012; - Kesari Rezoning was withdrawn. Upon a motion by Supervisor DeHaven, seconded by Vice - Chairman Ewing, the Board approved the agenda as amended 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 CONSENT AGENDA - APPROVED Administrator Riley offered the following items for the Board's consideration under the consent agenda: - Technology Committee — Tab E - Public Safety Committee — Tab H; - Subdivision Waiver Request of JIREH Enterprises LTD — Tab M; - Vacation of Right -of -Way in Henry Business Park — Tab N; and - Road Resolution — Wakeland Manor, Phase 6 — Tab P. Minute Book Number 37 Board of Supervisors Regular Meeting of 05/23112 331 Upon a motion by Supervisor Lofton, seconded by Supervisor Spicer, 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 Ross P. Spicer 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 DeHaven, seconded by Supervisor Fisher, the Board approved the minutes from the May 9, 2012 regular meeting 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 EMPLOYEE OF THE MONTH AWARD FOR MAY, 2012 — (RESOLUTION #057 -12) - LINDSEY D. FELTON APPROVED Upon a motion by Supervisor Lofton; seconded by Supervisor Collins, the Board approved Lindsey D. Felton as Employee of the Month for May 2012. 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 candidates for the 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, Lindsey D. Felton, who serves as a GIS Technician with the Information Technology Department, was nominated for Employee of the Month; and WHEREAS, Lindsey D. Felton is being awarded employee of the month for taking an active role in delivering mapping services to include support for addressing public safety and planning county -wide, one example, Lindsey has worked to establish a "digital" fire and rescue mapping system that will eliminate the paper version and provide simple access to current digital images on mobile devices.. Lindsey's attention to detail and quality of work has quickly made her an asset to the County's technology department. Minute Book Number 37 Board of supervisors Regular Meeting of 05/23/12 33 NOW, THEREFORE, BE IT RESOLVED by the Frederick County Board of Supervisors this 23 day of May, 2012 that Lindsey D. Felton is hereby recognized as the Frederick County Employee of the Month for May 2012; and BE IT FURTHER RESOLVED that the Board of Supervisors extends its gratitude to Lindsey D. Felton for her outstanding performance and dedicated service and wishes her continued success in future endeavors; and BE IT FURTHER RESOLVED that Lindsey D. Felton 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 Ross P. Spicer Aye Gene E. Fisher Aye Gary A. Lofton Aye COMMITTEE APPOINTMENTS APPOINTMENT OF WILLIAM H. CLINE TO FILL THE UNEXPIRED TERM OF LESTER A. RITENOUR AS STONEWALL DISTRICT REPRESENTATIVE TO THE EXTENSION LEADERSHIP COUNCIL - APPROVED Upon a motion by Supervisor DeHaven, seconded by Vice- Chairman Ewing, the Board appointed 'William H. Cline to fill the unexpired term of Lester A. Ritenour as Stonewall District representative to the Extension Leadership Council, said term to expire June 23, 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 Ross P. Spicer Aye Gene E. Fisher Aye Gary A. Lofton Aye REAPPOINTMENT OF MARY E. GREENE AS FREDERICK COUNTY REPRESENTATIVE TO THE LORD FAIRFAX COLLEGE BOARD - APPROVED Upon a motion by Vice - Chairman Ewing, seconded by Supervisor Lofton, the Board reappointed Mary E. Greene as Frederick County representative to the Lord Fairfax College Board. This is a four year appointment, said term to expire June 30, 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 Ross P. Spicer Aye Gene E. Fisher Aye Gary A. Lofton Aye Minute Book Number 37 Board of Supervisors Regular Meeting of 05/23/12 333 REAPPOINTMENT OF PAUL G. ANDERSON AS FREDERICK COUNTY REPRESENTATIVE TO THE WINCHESTER REGIONAL AIRPORT - APPROVED Upon a motion by Supervisor Fisher, seconded by Supervisor Spicer, the Board reappointed Paul G. Anderson as Frederick County representative to the Winchester Regional Airport. This is a four year appointment, said term to expire June 30, 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 Ross P. Spicer Aye Gene E. Fisher Aye Gary A. Lofton Aye APPOINTMENT OF ROSS P. SPICER AND BRIAN MADAGAN TO THE DEVELOPMENT IMPACT MODEL COMMITTEE - APPROVED Upon a motion by Supervisor DeHaven, seconded by Supervisor Lofton, the Board appointed the following members to the Development hnpact Model Committee: - Ross P. Spicer — Board of Supervisors representative; and - Brian Madagan — Economic Development Commission, to replace Josh Phelps. 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 APPOINTMENT OF ERIC CAMPBELL, TOOTIE RINKER, AND RAINEE SIMPSON TO THE WINCHESTER - FREDERICK COUNTY TOURISM BOARD -APPROVED Upon a motion by Supervisor DeHaven, seconded by Supervisor Lofton, the Board appointed Eric Campbell, Nancy "Tootie" Rinker, and Rainee Simpson to the Winchester- Frederick County Tourism Board, contingent upon approval of same by the City of Winchester. This is a three year appointment, said term to expire June 30, 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 Ross P. Spicer Aye Gene E. Fisher Aye Minute Book Number 37 Board of Supervisors Regular Meeting of 05123112 3341 Gary A. Lofton Aye REQUEST FROM THE COMMISSIONER OF THE REVENUE FOR REFUND - APPROVED Administrator Riley advised this was a request from the Commissioner of the Revenue to authorize the Treasurer to refund Kenny Construction Company the amount of $5,054.46. This amount represents adjusted business license based on an estimate for 2011. The county attorney has reviewed same and the refund appears justified. Upon a motion by Vice- Chairman Ewing, seconded. by Supervisor Fisher, 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 Ross P. Spicer Aye Gene E. Fisher Aye Gary A. Lofton Aye COMMITTEE REPORTS TECHNOLOGY COMMITTEE REPORT - APPROVED UNDER CONSENT AGENDA The Board of Supervisors Information Technology Committee met on Wednesday, May 2, 2012 at 8:00 am. in the First Floor Conference Room, Board of Supervisors Meeting Room, County Administration Building, 107 N. Kent St., Winchester, Virginia. Present were Gary Lofton, Chairman; Bill Ewing; Charles S. DeHaven, Jr.; Quaiser Absar and Todd Robertson. Members Absent was: Brian Madagan. Others present were: Walter Banks, IT Director. The committee submits the following: ** *Items Requiring Board Action * ** 1. None ** *Items NOT Requiring Board Action * ** 1. Old Business: Walter Banks gave an updates on: a. The Comcast phone PRI migration has been completed. The phone line records from the previous provider were stale resulting in the need for IT staff to verify all of the County'.s phone extensions. There were over 250 extensions at Kent Street, 160 at PSB and 150 plus at NRADC. Most issues have been resolved, except for one fax line. The County will start realizing the savings as of May I". b. All of the virtualization equipment has been installed and the system is up and running. The'virtualization software package, SharePoint 2010 is installed and IT staff is testing it on a trial basis. Forty to forty -five virtual servers will be put on this site. The equipment is also installed and operational at PSB. The site recovery specialists will be at PSB next Monday, May 7 th , to install the site recovery management software. Because of the later tax bill release and due dates, the actual Continuity of Operations Plan implementation has been pushed back until after the June 15 tax collection period. c. Personnel updates: the positions for Network Supervisor and GIS Technician have Minute Book Number 37 Board of Supervisors Regular Meeting of 65/23/12 been posted. IT is hoping to fill the Network Supervisor position by the end of May with someone who can take over the virtualization project, which would allow the IT Director to concentrate on the Broadband initiative and begin researching a new phone system. d. The bid for the 100 ruggedized laptops for the Sheriff's Office has been awarded to PCN Strategies. A major factor in the award was the 5 year bumper to bumper warranty. The laptops are expected to be in the hands of the deputies in three to four months. The older laptops will be re-provisioned for office use and parts. 2. New Business: a. The next step in the virtualization process is moving the County Microsoft Office users to the cloud. The cloud product is called Microsoft Office 365. Although the name is similar and the package has all of the same word processing and email capabilities, it is very different from what personnel are used to. Also, it is very expensive at this time, about $72 per user, per month. Google Does cost about $50 per user, per month. The IT Director has arranged for a one month free trial of Office 365 and will report back at the next committee meeting regarding his findings. b. IT is researching the feasibility of hosting the County's email and archives in the cloud. The cost is about $8 per user, per month. The IT Director will continue to interview vendors to find the best pricing for the County. c. With the growing use of iPads among County staff, IT is investigating wireless printing solutions. IT has received two wireless printers on loan from HP. They are located on the 3 rd floor and in the BOS Conference Room. In the future, IT will make sure copiers /printers will have wireless capability as well. d. Broadband planning schedule: Within the next week, staff hopes to send out official invitations for a new Broadband Committee to review the data provided by Sprint and ShenTel. The IT Director has also reached out to AT &T and Verizon Wireless to discuss their coverage with hopes of having that data as well for the Committee meeting. 1. Ideas for outcomes from the discussion with a Broadband Committee would include: pursue a model utilizing hotspots within the County, or partnering with several different providers to push service out to the edges of the County. 2. The IT Director asked for official permission from the Technology Committee to send out official notifications for the Broadband Management Committee. Members of the Technology Committee would serve on the Broadband Committee. Staff heard back from Martha Shickle, Executive Director of the Northern Shenandoah Valley Regional Commission, regarding the grant award for 2012 CDBG Planning Grant. (See attached letter of award). The grant will provide funding for a consultant to assist in vetting the study objectives and goals and draft a RFP. More grant money will be needed before the end of the project. The schools, the University, and the community will need to be involved in order to achieve the best outcome. 3. Budget Reminders: We are reviewing the costs associated with everything we are doing, the goal is to recognize cost savings by trying to be more "digital ". We are advising copier vendors that our goal is print less, not more. 4. Calendar of events: the replication of the AS400 has been pushed back until after the June 15, 2012 tax collection deadline. The new AS400 system, the 17, should be delivered to the Kent Street building in early June and the current I5 will be relocated to PSB as the back -up unit. The actual transition will not occur until July. The rest of the virtualization system is up and Minute Book Number 37 Board of Supervisors Regular Meeting of 05/23/12 33 running. 5. Collaboration and sharing: IT, in coordination with the IT staff at PSB, has increased their efforts in emergency preparedness. EOC systems are inspected weekly. A plotter is being put in the Emergency Operations Center in the event maps need to be printed. The County's Emergency Alert System is being reviewed along with ways to promote greater citizen awareness of the Alert System. PUBLIC SAFETY COMMITTEE REPORT - APPROVED A meeting of the Public Safety Committee was held on Tuesday, May 1, 2012 at 9:00 a.m. Committee members present were: Committee Chairman Gary Lofton, Michael Lindsay, Ron Wilkins. Also in attendance were Public Safety Communications Director LeeAnna Pyles, Fire & Rescue Chief Denny Linaburg, Fire & Rescue Association President Tim Price, County Attorney Rod Williams, Deputy County Administrator Jay Tibbs, Fire Marshall Jay Bauserman and Emergency Management Coordinator Chester Lauck. Members absent were: Gene Fisher, Christopher Collins, and Sheriff Robert T. Williamson. The following items were discussed: ** *Items Requiring Board Action * ** 1. Fire & Rescue Prevention Code Attachment A B — Sent Forward for Public . Hearin The Committee reviewed and discussed the final draft of the Fire Prevention Code which had been presented and passed by Code and Ordinance Committee. The Committee unanimously recommended the final draft be sent to the Board of Supervisors for public hearing and approval. Upon a motion by Supervisor Lofton, seconded by Supervisor Fisher, the Board sent this item forward for public hearing. Chairman Shickle asked about Section 94 -4 A where reference is made to no parking within 20 feet of a fire hydrant and "No Parking" sign placement within 15 feet of a fire hydrant. He sought clarification about which measurement was correct. Chief Linaburg responded it should be 15 feet. Chairman Shickle asked about the appointment of the Fire Marshal to be made by the Board of Supervisors. Chief Linaburg and County Attorney Williams advised they would research this item and would amend the draft ordinance accordingly, in advance of the public hearing. There being no further discussion, 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 45/23/12 337 ** *Items Not Requiring Action * ** 2. Revenue Recovery(Attachment C,D) Emergency Management Coordinator Chester Lauck gave a brief Power Point presentation regarding the proposed Revenue Recovery Program. The Revenue Recovery proposal would help offset increased costs for equipment maintenance, supplies, and station operations. He noted one important caveat was the need for the County to maintain its contribution to each station. Mr. Lauck stated the proposed program would utilize soft billing for County residents, which means there would be no out of pocket expense for those County residents transported by EMS. The proposed funds generated from this program would be allocated specifically for EMS services. A program administrator would be hired to serve as the go- between for the County, hospital and billing company. Following Mr. Lauck's presentation, Chief Linaburg presented information regarding the County's required local effort (i.e. station staffing, salaries) along with vehicle costs, and income /expense statements for the 11 volunteer companies. Chairman Lofton created a sub - committee to further study this matter and bring their findings back to the entire Public Safety Committee for review and recommendation to the Board of Supervisors. The sub - committee would consist of the three Board of Supervisor members and three citizen members from the Committee. The sub - committee will seek input from Fire & Rescue staff and representatives from the Revenue Recovery Working Group. Next Meeting: A date for the next Public Safety Committee meeting was not set. Adjourn: The meeting was adjourned at 10:00 a.m. FINANCE COMMITTEE REPORT - APPROVED The Finance Committee met in the First Floor Conference Room at 107 North Kent Street on Wednesday, May 16, 2012 at 8:00 a.m. All members were present. Items 2, 3, and 5 were approved under consent agenda. Upon a motion by Vice- Chairman Ewing, seconded by Supervisor Lofton, 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 Ross P. Spicer Aye Gene E. Fisher Aye Gary A. Lofton Aye 1. The NRADC Superintendent requests an NRADC Fund supplemental appropriation in the amount of $120,000 for the payment of unanticipated inmate medical expenses. The request has been approved by the Regional Jail Authority. See attached memo, p. 4. The committee recommends approval. — Approved. Upon a motion by Vice - Chairman Ewing, seconded by Supervisor DeHaven, the Board approved the above request by the following recorded vote: Richard C. Shickle Aye Bill M. Ewing Aye Christopher E. Collins Aye Minute Book Number 37 Board of Supervisors Regular Meeting of 05123112 33 Charles S. DeHaven, Jr. Aye Ross P. Spicer Aye Gene E. Fisher Aye Gary A. Lofton Aye 2. The Solid Waste Manager requests a General Fund sLipplernental qppropriation in the amount of $4,724.56 This amount represents grant proceeds for environmental education outreach. No local funds required. See attached memo, p. 5. — Approved Under Consent Agenda. 3. The Sheriff requests a General Fund supplemental appropriation in the amount of $149 This amount represents donations to the K -9 division and the Honor Guard. No local funds required. See attached memos, p. 6 -7. — Approved Under Consent Agenda. 4. The Sheriff requests a General Fund supplemental a ro riation in the amount of $39,650 from available proffer funds. This amount represents funds needed for the purchase of hardware and software to establish a secure network system between the Public Safety Building and the mobile units. See attached memo, p. 8. 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 Ross P. Spicer Aye Gene E. Fisher Aye Gary A. Lofton Aye 5. The Sheriff requests a General Fund supplemental appropriation in the amount of $113.31. This amount represents the quarterly reimbursement for a federal grant. No local funds required. See attached memo, p. 9. — Approved Under Consent Agenda. 6. The Fire & Rescue Chief requests a General Fund su lemental qppropriation in the amount of $20 1. This amount represents revenue collected in excess of budgeted amounts to be used for overtime, SCBA parts /repairs, the RIT house and the unexpected Line of Duty death. See attached memo, p. 10. The committee recommends approval. — Approved. Upon a motion by Vice - Chairman Ewing, seconded by Supervisor DeHaven, the Board approved the above request by the following recorded vote: Richard C. Shickle Aye Bill M. Ewing Aye Christopher E. Collins Aye Charles S. DeHaven, Jr, Aye Ross P. Spicer Aye Gene E. Fisher Aye Gary A. Lofton Aye 7. The Assistant County Administrator requests an FY13 General Fund spPplemental appropriation in the amount of $54,256.66 This amount represents a carry forward of the unused balance of appropriated proffer funds for the construction of overflow parking at the Bowman Library. The library is requesting access to these remaining funds for the construction of a multi -use path between Lakeside Drive and the Bowman Library. See attached information, p. 11 -13. The committee recommends approval. — Approved. Minute Book Number 37 Board of Supervisors Regular Meeting of 05/23/12 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 Ross P. Spicer Aye Gene E. Fisher Aye Gary A. Lofton Aye 8. The FCPS Executive Director of Finance requests a General Fund and a School Construction Fund suDi)lemental amropriation in the amount of $1,500,000 with reimbursement from the fail bond sale for the partial structural renovation project at JWHS (resolution attached). See attached memo, p. 14 -15. The committee recommends approval of the School Construction Fund supplemental appropriation only and the approval of the reimbursement resolution. -- Approved. RESOLUTION ( #060 -12) OF THE BOARD OF SUPERVISORS OF THE COUNTY OF FREDERICK, VIRGINIA DECLARING ITS INTENTION TO REIMBURSE ITSELF FROM THE PROCEEDS OF ONE OR MORE FINANCINGS FOR CERTAIN COSTS OF CAPITAL IMPROVEMENTS FOR PUBLIC SCHOOL PURPOSES The County of Frederick, Virginia (the "County ") has determined that it may be necessary or desirable to advance money to pay the costs of certain capital improvements for public school purposes, specifically for the partial renovation of James Wood High School (the "Project "). NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF THE COUNTY OF FREDERICK, VIRGINIA: 1, The Board of Supervisors adopts this declaration of official intent under Treasury Regulations Section 1.150 -2. 2. The Board of Supervisors reasonably expects to reimburse advances made or to be made by the County to pay the costs of the Project from the proceeds of one or more financings. The maximum amount of financing expected to be issued for the Project is $ 1,500,000. This resolution shall take effect immediately upon its adoption. 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 Ross P. Spicer Aye Gene E. Fisher Aye Gary A. Lofton Aye 9. The FCPS Executive Director of Finance requests the following: a. Recommendation on the MOU for the Provision of Vehicle Maintenance Services. The committee recommends postponement. b. Public hearing for an FY13 Consolidated Services Fund supplemental appropriation in the amount of $3,756,800 (no local funds). The committee Minute Book Number 37 Board of Supervisors Regular Meeting of 05123/12 340 recommends advertising for public hearing an FY13 Consolidated Services Fund supplemental appropriation in the amount of $2.7 million. e. FY13 General Fund and Consolidated Services Fund su lemental gppropriation in the amount of $67,000 for startup funds (local funds required). The committee recommends postponement. See attached information, p. 16 -34. — Approved. Upon a motion by Vice - Chairman Ewing, seconded by Supervisor DeHaven, the Board approved the above recommendation 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 10. Staff is seeking discussion on the VRS rate to be adopted by resolution. See attached information, p. 35 -44. The committee recommends adoption of the Employer Contribution Rates resolution with the Certified Rate of 12.93% and the Member Contribution resolution at the Employee Paid Member Contribution rate of 5% for all employees. — Approved. Upon a motion by Vice- Chairman Ewing, seconded by Supervisor Spicer, the Board approved the above recommendation by the following recorded vote: Richard C. Shickle Bill M. Ewing Christopher E. Collins Charles S. DeHaven, Jr. Ross P. Spicer Gene E. Fisher Gary A. Lofton Aye Aye Aye Aye Aye Aye Aye ** *Information Only * ** 1. The Cash Proffer Policy is provided. See attached, p. 45. 2. The Finance Director provides a Fund 10 Transfer report for FY12. See attached, p. 46 -51. 3. The Finance Director provides an FY12 Unreserved Fund Balance report. See attached, p. 52. 4. The Finance Director provides financial statements for the period ending April 30, 2012. See attached memo, p. 53 -63. TRANSPORTATION CONSENT AGENDA The Transportation Committee met on April 23, 2012 at 8:30 a.m. Members Present Chuck DeHaven (voting) James Racey (voting) Gary Oates (liaison PC) Lewis Boyer (liaison Stephens City) Minute Book Number 37 Board of Supervisors Regular Meeting of 05/23/12 Members Absent Mark Davis (liaison Middletown) Chris Collins (voting) Byron Grigsby (voting) George Kriz (liaison PC) 341 ** *Items Not Requiring Action * ** 1. Secondary Road Improvement Program This item will be coming forward as a public hearing item on June 13. PUBLIC HEARING PUBLIC HEARING - OUTDOOR FESTIVAL PERMIT REQUEST OF ALEX ECONOMU — "COSMIC CAMPOUT 2012 ". PURSUANT TO THE FREDERICK COUNTY CODE CHAPTER 86 FESTIVALS• SECTION 86 -3 PERMIT REQUIRED; APPLICATION• ISSUANCE OR DENIAL; FEE; FOR AN OUTDOOR FESTIVAL PERMIT. FESTIVAL TO BE HELD ON FRIDAY JUNE 1 2012 FROM 7:00 P.M. THRU 12:00 NOON SUNDAY JUNE 3 2012 ON THE GROUNDS OF THE COVE CAMPGROUND, 980 COVE ROAD, GORE, VIRGINIA. PROPERTY OWNED BY ALEX ANDER W. K. MCDOWELL AND MCDOWELL FAMILY, LLC. - APPROVED Administrator Riley advised this was a request for an outdoor festival permit for Cosmic Campout 2012 to be held June 1, 2012 through June 3, 2012 at The Cove Campground. Alex Economu appeared before the Board on behalf of the application. He noted event attendance would be capped at 1,000. Supervisor Spicer asked to whom this event was marketed. Mr. Economu responded the target demographic was 20 -24 year olds. Vice- Chairman Ewing asked if this was the first year for this event. Mr. Economu responded this was the second year. Chairman Shickle convened the public hearing. There were no public comments. Chairman Shickle closed the public hearing. Upon a motion by Supervisor Spicer, seconded by Supervisor Lofton, the Board approved the outdoor festival permit for Cosmic Campout 2012. 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 PUBLIC HEARING - OUTDOOR FESTIVAL PERMIT REOUEST OF M. WILLIS WHITE AND JESSICA WHITE — "WEDDING ". PURSUANT TO THE FREDERICK COUNTY CODE, CHAPTER 86, FESTIVALS; SECTION 86 -3, PERMIT REOUIRED; APPLICATION; ISSUANCE OR DENIAL; FEE; FOR AN OUTDOOR FESTIVAL PERMIT. FESTIVAL TO BE HELD ON SATURDAY MAY 26, 2012, FROM 3:00 P.M. -10:00 P.M. AND SUNDAY, MAY 27, 2012 FROM 3:00 P.M. — 10:00 P.M., ON THE GROUNDS OF 750 MERRIMANS LANE, Minute Book Plumber 37 Board of supervisors Regular Meeting of 05/23112 342 WINCHESTER VIRGINIA. PROPERTY OWNED BY M. WILLIS WHITE, - APPROVED Administrator Riley advised this was a request for an outdoor festival permit by M. Willis White and Jessica White for a wedding. The event will be held Saturday, May 26, 2012 and Sunday, May 27, 2012 from 3:00 p.m.to 10:00 p.m. each day. He noted the reason this application is before the Board is that the applicant are considering establishing an event center on the property in the future. Supervisor Spicer asked if an ABC license was needed. Administrator Riley responded no because this was a private event. Chairman Shickle convened the public hearing. There were no public comments. Upon a motion by Supervisor Spicer, seconded by Supervisor Collins, the Board approved the outdoor festival permit for M. Willis and Jessica White. 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 PLANNING COMMISSION BUSINESS PUBLIC HEARING PUBLIC HEARING - REZONING #04-12 OF KESARI PROPERTIES SUBMITTED BY PAINTER -LEWIS P.L.C. TO REZONE 5 ACRES FROM RA RURAL AREA S1 DISTRICT TO B2 GENERAL BUSINESS DISTRICT WITH PROFFERS AND 1.49 ACRES FROM B2 DISTRICT TO B2 DISTRICT WITH PROFFERS TOTALING 6.49 ACRES. THE PROPERTIES ARE LOCATED ON THE WEST SIDE OF ROUTE 11 SOUTH OF THE INTERSECTION OF HOPEWELL ROAD ROUTE 672 AND ROUTE 11 AND ARE IDENTIFIED BY PROPERTY IDENTIFICATION NUMBERS 33 -A -163 AND 33- A -164B IN THE ST ONEWALL MAGISTERIAL DISTRICT. (WITHDRAWN) OTHER PLANNING ITEMS REVISIONS TO TRANSPORTATION - APPROVED Deputy Director of Planning — Transportation John Bishop appeared before the Boar( regarding this item. He advised this was a rezoning application to revise proffers associated wit] Rezoning 905 -08 to amend the "Transportation Mitigation" section of the proffers. He noted thi was a minor proffer revision and is allowed to take place without a public hearing. Minute Book Number 37 Board of Supervisors Regular Meeting of 05/23/12 343 Director Bishop went on to say this revision would allow for a second entrance on Route 11 and a proration of the cash proffers tied to the square footage of development. The, Planning Commission considered this item and recommended approval with the condition that the property to the south of this parcel be given an inter - parcel connection via the applicant's proffer statement. Supervisor Lofton asked how this entrance impacts the signalization of the original entrance. Deputy Director Bishop responded that VDOT did not have any concerns. Chairman Shickle asked if staff could envision another change if the property next door is developed. Deputy Director Bishop stated that would be hard to say. Vice- Chairman Ewing asked for clarification on the $550,000 contribution. Deputy Director Bishop responded that the contribution is not being adjusted down, but rather it is being prorated based on the amount of completed square footage. Chairman Shickle asked if there was any chance for a difference of opinion between the Board and the applicant on this matter in the future. John Foote, Walsh Colucci Lubeley Emrich & Walsh, PC, appeared before the Board on behalf of the applicant. Chairman Shickle asked if the property is developed in phases and the developer pays his prorated share for what is under roof, do you see anyway to be at odds later. Mr. Foote responded no because the contribution is based on a basic formula. He noted the escalator clause had already kicked in and it would apply to the undeveloped portion of the property as well. Chairman Shickle asked if the first parcel was under developed and the second parcel was maximized could we have a situation where the property is fully developed, but there is less square footage under roof. Mr. Foote responded "theoretically yes ". He went on to say it was possible that something less than 750,000 square feet could be built, but not more than 750,000. Mr. Foote noted that Supervisor DeHaven had been involved in discussions with the applicant and the adjoining property owner. The applicant has agreed to provide access to the property. He concluded by saying there is nothing to preclude relocation to have a shared entrance. Minute Book Number 37 Board of Supervisors Regular Meeting of 05123112 344 Upon a motion by Supervisor DeHaven, seconded by Supervisor Fisher, the Board approved Rezoning #05 -12. WHEREAS, Rezoning #05 -12 Proffer Revision of BPG Properties, to revise the proffers associated with Rezoning #05 -08 relating to the "Transportation Mitigation" section of the proffers, was considered. The proffer, originally dated September 24, 2008, and amended May 18, 2012, is intended to allow for the possibility of multiple users on the site, which was previously not envisioned. The properties are located approximately .61 miles north of the Route i 1 intersection with Cedar Hill (Route 671), bounded on the west by Interstate 81 and on the east by Martinsburg Pike (Route 11), :in the Stonewall Magisterial District, and are identified by Property Identification Numbers 33 -A -109 and 33 -A -110. WHEREAS, the Planning Commission held a public hearing on this rezoning on May 16, 2012 and forwarded a recommendation of approval; and WHEREAS, the Board of Supervisors held a public hearing on this rezoning on May 23, 2012; and WHEREAS, the Frederick County Board of Supervisors finds the approval of this rezoning to be in the best interest of the public health, safety, welfare, and in conformance with the Comprehensive Policy Plan; NOW, THEREFORE, BE IT ORDAINED by the Frederick County Board of Supervisors that Chapter 165 of the Frederick County Code, Zoning, is amended to revise the proffers concerning Rezoning 405 -08. The proffer revision is intended to allow for the possibility of multiple users on the site, which was previously not envisioned, as described by the application and attached conditions voluntarily proffered in writing by the applicant and the property owner. This ordinance shall be in effect on the date of adoption. Passed this 23` day of May, 2012 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 MASTER DEVELOPMENT PLAN #02 -12 OF CONTRAIL PARK APARTMENT COMPLEX - APPROVED Senior Planner Candice Perkins appeared before the Board regarding this item. She advised this was a master development plan to develop 3.7 acres zoned RP (Residential Performance) for 36 apartment units. The properties are located at 749 and 737 Front Royal Pike in the Shawnee Magisterial District. She went on to say the applicant was requesting a waiver of the six foot berm requirement per § 165- 203.02 E (3) for their road efficiency buffer along Route 522. She noted the master development plan would be consistent with the Comprehensive Plan and the Zoning Ordinance if the amendment is granted. She advised the Planning Commission recommended approval of the waiver request. Minute Book Number 37 Board of Supervisors Regular Meeting of 05/23112 345 Supervisor Spicer noted at the Planning Commission meeting Mr. Anderson expressed his concerns about these types of developments being built near the airport. He went on to say it was difficult to believe that 36 apartment units would have an impact of only 5 students on Frederick County public schools. Chairman Shickle asked staff to follow up with Frederick County schools regarding this student calculation. Upon a motion by Supervisor Fisher, seconded by Supervisor Spicer, the Board approved the waiver request for the road efficiency buffer. 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 Upon a motion by Supervisor Fisher, seconded by Supervisor Lofton, the Board authorized staff to administratively approve this master development 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 Ross P. Spicer Aye Gene E. Fisher Aye Gary A. Lofton Aye SUBDIVISION WAIVER REQUEST OF JIREH ENTERPRISES LTD — APPROVED UNDER CONSENT AGENDA This was a request for subdivision of a 10.304 acres, more or less, into two parcels of 3.882 acres, more or less, and 6.422 acres, more or less. The property is located on Jireh Lane off of Ebert Road (Route 837) in the Stonewall Magisterial District. This item was approved under the consent agenda. VACATION OF RIGHT -OF -WAY IN HENRY BUSINESS PARK — APPROVED UNDER CONSENT AGENDA This was a request to vacate a road right -of -way containing 0.1985 acres, more or less, within the Henry Business Park. The request is submitted on behalf of Kimberly G. Henry by Painter - Lewis, P.L.C. The property is located off of Fort Collier Road in the Stonewall Magisterial District. Minute Book Number 37 Board of Supervisors Regular Meeting of 05/23/12 346 This item was approved under the consent agenda. DISCUSSION OF PROPOSED ORDINANCE AMENDMENT — TREATMENT HOMES — RESOLUTION #061 -12 - SENT FORWARD FOR PUBLIC HEARING Senior Planner Perkins appeared before the Board regarding this item. She advised that staff had received a request to include treatment homes as a conditional use in the RA (Rural Areas) Zoning District and to revise the definition of "Adult Treatment Home ". She noted that currently adult treatment homes are only permitted in the MS (Medical Support) District. She went on to say the amendment proposed the following changes: Revise the definition of "Adult Treatment Home" to "Treatment Home" and add the provision that it is for all ages, and also include drug treatment. Add "Treatment Home" as a conditional use in the RA (Rural Areas) District. - Delete the definition of "Drug Treatment Home" because this use is being incorporated into the definition of "Treatment Home ". Revision to the MS District to include the term "Treatment Home" and delete "Drug Treatment Home ". She noted the Planning Commission discussed this proposed amendment and recommended the changes be forwarded to the Board for discussion. She concluded by saying staff was seeking direction from the Board regarding this proposed amendment. Supervisor Lofton asked if removal of the definition of drug treatment home would be in conflict with State Code or other State requirements. Senior Planner Perkins responded that staff saw no conflicts between this amendment and State Code. Upon a motion by Vice - Chairman Ewing, seconded by Supervisor Fisher, the Board sent this item forward for public hearing. Supervisor Spicer stated this concept did not sit very well with him, but he would send it forward for public hearing. He went on to say that when these uses come back to the Board in the form of a conditional use permit it is incumbent upon the Board to ensure the use is consistent with the rural neighbors impacted. WHEREAS, the Frederick County Planning Department has been directed to prepare changes to Chapter 165 Zoning concerning "Treatment Homes" as a conditional use in the RA Zoning District; and WHEREAS, the Development Review and Regulations Committee (DRRC) recommended approval of this amendment on April 4, 2012; and WHEREAS, the Planning Commission discussed the draft ordinance on May 2, 2012 and recommended that a public hearing be held; and Minute Book Number 37 Board of Supervisors Regular Meeting of 05/23/12 347 WHEREAS, the ,Frederick County Board of Supervisors finds that in the public necessity, convenience, general welfare, and good zoning practice, directs the Frederick County Planning Commission hold a public hearing regarding an amendment to Chapter165 concerning "Treatment Homes" as a conditional use in the RA Zoning District. NOW,THEREFORE, BE IT REQUESTED by the Frederick County Board of Supervisors that the Frederick County Planning Commission shall hold a public hearing to consider changes to CHAPTER 165 ZONING, ARTICLE IV AGRICULTURAL AND RESIDENTIAL DISTRICTS, PART 401 RA RURAL AREAS DISTRICT, 165 - 401.03 CONDITIONAL USES; ARTICLE V, PLANNED DEVELOPMENT DISTRICTS, PART 504 MS MEDICAL SUPPORT DISTRICT, 165 - 504.02 PERMITTED USES; AND ARTICLE I GENERAL PROVISIONS, AMENDMENTS, AND CONDITIONAL USE PERMITS, PART 101 GENERAL PROVISIONS 165- 101.02 DEFINITIONS AND WORD USAGE. Passed this 23 day of May, 2012 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 ROAD RESOLUTION (RESOLUTION 4062 -12) — WAKELAND MANOR, PHASE 6 — APPROVED UNDER CONSENT AGENDA WHEREAS, the streets described on the attached Form AM -4.3, fully incorporated herein by reference, are shown on plats recorded in the Clerk's Office of the Circuit Court of Frederick County; and WHEREAS, the Resident Engineer of the Virginia Department of Transportation has advised this Board that the streets meet the requirements established by the Subdivision Street Requirements of the Virginia Department of Transportation; and WHEREAS, the County and the Virginia Department of Transportation have entered into an agreement on June 9, 1993, for comprehensive stormwater detention which applies to this request for addition; and NOW, THEREFORE, BE IT RESOLVED, this Board requests the Virginia Department of Transportation to add the streets described in the attached Form AM -4.3 to the secondary system of state highways, pursuant to 33.1 -229, Code of Virginia, and the Department's Subdivision Street Requirements and BE IT FURTHER RESOLVED, this Board guarantees a clear and unrestricted right -of- way, as described, and any necessary easement for cuts, fills, and drainage; and BE IT FURTHER RESOLVED, that a certified copy of this resolution be forwarded to the Resident Engineer for the Virginia Department of Transportation. This item was approved under the consent agenda. BOARD LIAISON REPORTS There were no Board liaison reports. CITIZEN COMMENTS There were no citizen comments. Minute Book Number 37 Board of Supervisors Regular Meeting of 05/23/12 BOARD OF SUPERVISORS COMMENTS Administrator Riley reminded the Board about the Service Learning presentations scheduled for Tuesday, May 29, 2012 at 6:00 p.m. UPON A MOTION BY VICE- CHAIRMAN EWING, SECONDED BY SUPERVISOR DEHAVEN, THERE BEING NO FURTHER BUSINESS TO COME BEFORE THIS BOARD, THIS MEETING IS HEREBY ADJOURNED. (8:15 P.M.) b Richard C. Shickle Joh )ley, J . Chairman, Board of Supervisors Cl , Board of Supervisors Minutes Prepared By: Ll � , r Jay . T' bs Deputy Clerk, Board of Supervisors Minute Book Number 37 Board of Supervisors Regular Meeting of 05/23/12