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HomeMy WebLinkAboutFebruary 13 2013 Regular Meeting Minutes243 A Regular Meeting of the Frederick County Board of Supervisors was held on Wednesday, February 13, 2013 at 7:00 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; and Gary A. Lofton. ABSENT Gainesboro District Seat (Vacant). CALL TO ORDER Chairman Shickle Called the meeting to order. INVOCATION Reverend Steve Roberts, Emmanuel Baptist Church., delivered the invocation. PLEDGE OF ALLEGIANCE Vice - Chairman Ewing led the Pledge of Allegiance. ADOPTION OF AGENDA — APPROVED AS AMENDED County Administrator John R. Riley, Jr. advised there was one addition to the agenda. He added a Resolution in Memoriam for George H. Ludwig as item 6 under County Of1`icials. 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 Gainesboro District Vacant 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: - Resolution in Memoriam of Dr. George H. Ludwig —Item 6; aac� - Lake Holiday Dam Working Committee Report —Tab H. 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 Miuute Book Number 38 Board of Supervisors Regular Meetiug of 02/13/13 244 Christopher E. Collins Aye Charles S. DeHaven, Jr. Aye Gainesboro District Vacant Gene E. Fisher Aye Gary A. Lofton Aye CITIZEN COMMENTS Jay Marts, Gainesboro District, stated he was here to find out who his new supervisor would be. He went on to say he attended the work session and saw the presentation by Finance. He felt it was good presentation with no tax increase. He believed we would see new revenue which will be a spark. He asked that the tax rate be returned to where it was before. He stated he had heaxd no discussion of a tax. decrease or employee reduction. He expects to have increased taxes at the federal and state levels, but hopes relief will be found at the local level. He suggested the Board look at replacing every two retired employees with one employee. Jay Kirk, President of the Frederick County Education Association and resident of the Back Creek District, asked the Board to fully fund the Superintendent's budget. She noted na one goes into education to get rich. She concluded by saying that teachers were just trying to keep pace with the cost of living. Madeline Whitacre, Gainesbora District, spoke on behalf of water haulers. She advised the Frederick County Sanitation Authority wants to restrict haulers to filling at Tacker Road, but will not permit filling on weekends, holidays, or at hydrants. She asked if there was a way the haulers could use the other four hydrants. .She concluded by saying a meeting with the Sanitation Authority on February 19, 2013 and she hoped member of the board can attend. BOARD OF SUPERVISORS COMMENTS Chairman Shickle noted that two of the three speakers should have waited until the end of the meeting to speak, as their items were not agenda items for this meeting. He asked staff to ensure proper protocol is followed regarding citizen comments. MINUTES - APPROVED Upon a motion by Vice - Chairman Ewing, seconded by Supervisor DeHaven, the Board approved the minutes from the January 23, 2013 work session with the School Board by the fallowing recorded vote: Richard C. Shickle Aye Bill M. Ewing Aye Christopher E. Collins Aye Charles S. DeHaven, Jr. Aye Gainesboro District Vacant Gene E. Fisher Abstain Minute Book Number 3$ Board of Supervisors Regular Meeting of 42/13/13 X45 Gary A. Lofton Aye Upon a motion by Supervisor Lofton, seconded by Supervisor Collins, the Board approved the minutes from the January 23, 2013 regular meeting by the following recorded vote: Richard C. Shickle Aye Bill M. Ewing Aye Christopher E. Collins Aye Charles S. DeHaven, Jr. Aye Gainesboro District Vacant Gene E. Fisher Abstain Gary A. Lofton Aye COUNTY OFFICIALS APPOINTMENT OF GAINESBORO MAGISTERIAL DISTRICT SEAT —BOB HESS APPOINTED Upon a motion by Vice - Chairman Ewing, seconded by Supervisor Lofton, the Board appointed Bob Hess to fill the vacant Gainesboro Magisterial District Seat until the special election to be held in November 2413. The above motion was approved by the following retarded vote: Richard C. Shickle Aye Bill M. Ewing Aye Christopher E. Collins Aye Charles S. DeHaven, Jr. Aye Gainesboro District Vacant Gene E. Fisher -Aye Gary A. Lofton � Aye EMPLOYEE OF THE MONTH AWARD RESOLUTION #U41 -I3 — CRAIG M. GRUBB - APPROVED Upon a motion by Supervisor Lofton, seconded by Supervisor Fisher, the Board approved Craig M. Grubb as Employee of the Month for February 2013. WHEREAS, the Frederick County Board of Supervisors recognizes that the County's employees are a most important resource; and WHEREAS, on September 9, 1992, the Board of Supervisors approved a resolution which established the Employee of the Month award and candidates for the award may be nominated by any County employee; and WHEREAS, Craig M. Grubb who serves the Frederick County Information Technology Department was nominated far Employee of the Month; and WHEREAS, loyalty and comrrlitment along wish a positive attitude and competent skill has helped to support county -wide lT needs. Over the past few months, Craig has worked under an incredible workload without complaint and with a strong focus on customer service. This focus was demonstrated as the department fell from a full staff to only two members. His performance and services have significantly contributed to the IT Department's recent accomplishments. He has also stepped up to help with the hiring process for a .new l'C Technician, of which Craig has already taken under his wing. Craig is to be commended for his initiative and dedication. Minute 13nok Number 3$ Board of Supervisors Regutar Meeting of 02/13/13 246 NOW, THEREFORE, BE IT RESOLVED by the Frederick County Board of Supervisors this 13�' day of February, 2013 that Craig M. Grubb is hereby recognized as the Frederick County Employees of the Month for February 2013; and BE IT FURTHER RESOLVED that the Board of Supervisors extends its gratitude to the Craig for his outstanding performance and dedicated service and wishes him continued success in future endeavors; and BE IT FURTHER RESOLVED that Craig M. Grubb is hereby entitled to all of the rights and privileges associated wish 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 Gainesboro District Vacant Gene E. Fisher Aye Gary A. Lofton Aye COMMITTEE APPOINTMENTS NOMINATION OF TIM MCKEE TO THE BOARD OF EQUALIZATION — APPROVED Upon a motion by Supervisor DeHaven, seconded by Supervisor Fisher, the Board nominated Tim McKee to serve as a member of the Board of Equalization. This is a three year appointment. Term expires December 31, 2015. The above motion was approved by the following recorded vote: Richard C. Shickle ,4ye Bill M. Ewing Aye Christopher E. Collins Aye Charles S. DeHaven, Jr. .4ye Gainesboro District Vacant Gene E. Fisher Aye Gary A. Lofton Aye APPOINTMENT OF TOM BRUBAKER AS FREDERICK COUNTY REPRESENTATIVE TO THE CHAPTER 10 BOARD - APPROVED Upon a motion by Vice - Chairman Ewing, seconded by Supervisor Lofton, the Board appointed Tam Brubaker as a Frederick County representative to the Chapter 10 Board. This is a three year appoiniment. Term expires December 31, 2015. The above motion was approved by the fallowing recorded vote: Richard C. Shickle Aye Bill M. Ewing Aye Christopher E. Collins Aye Charles S. DeHaven, Jr. Aye Gainesboro District Vacant Gene E. Fisher Aye Gary A. Lofton Aye Minute Sook Number 38 Board of Supervisors Itegalar Meeting of 02113!13 247 REAPPOINTMENT OF JOHN MARKER, WHITNEY L. WAGNER, AND FRANK BRUMBACK TO THE RUSSELL 150 COMMUNITY DEVELOPMENT AUTHORITY - APPROVED Upon a motion by Supervisor DeHaven, seconded by Supervisor Lofton, the Board reappointed John Marker, Whitney L. Wagner, and Frank Brumback to the Russell 150 Community Development Authority. This is a four year appointment. Term expires March 1, 2017. The above motion was approved by the following recorded vote: Richard C. Shickie Aye Bill M. Ewing Aye Christopher E. Collins Aye Charles S. DeHaven, Jr. Aye Gainesbaro District Vacant Gene E. Fisher Aye Gary A. Lofton Aye RE VEST FROM THE COMMISSIONER OF THE REVENUE FOR REFUND — APPROVED Administrator Riley advised Southeastern Container, Inc. previously filed an appeal in the nature of amended machinery and tools tax return for tax years 2007, 2008, 2009, and 2010, wherein Southeastern was seeking approximately $1,600,000 in tax refunds from the County. Machinery and tools, for taxation purposes, are self reported by each taxpayer and, in this particular case, Southeastern concluded, more than three years after its initial filing, but within the applicable limitations period, that it had over reported its machinery and tools. Thus, Southeastern .filed its amended returns. The Board of Supervisors previously, in July 2011, approved a refund of $247,233.57 to Southeastern in partial resolution of the matter, but following that refund, other issues in the appeal remained pending. The Commissioner of the Revenue now confirrrxs that the remaining issues are resolved, with an additional refund in the amount of $552,019.14 due to Southeastern. The Commissioner, in consultation with the County Attorney, has concluded that this outcome represents a fair interpretation of the facts and law applicable to this matter. The process included an appeal by Southeastern to the Virginia Department of Taxation, pursuant to VA Code 858.1- 3983.1, of the Commissioner's initial decision on the amended returns. Southeastern has entered into a settlement agreement with the Commissioner which precludes it from raising any further issues as to its machinery and tools tax returns for 2007 -2010, � and as to its returns for 2011 and 2012, thereby fully concluding the matter. The current refund is the final refund Southeastern will receive for the machinery and tools tax for years 2007 -2012. Pursuant to the provisions of Va. Minute Baok Number 38 Board of Supervisors Regular Meeting of Q2/13113 248 Code 858.1- 3981 {A), the County Attorney notes his consent and Board action is being requested pursuant to g5 8.1 -2981 {A }. Upon a motion by Vice - Chairman Ewing, seconded by Supervisor Collins, the Board approved the refund request by the following recorded vote: Richard C. Shickle Aye Bill M. Ewing Aye Christopher E. Collins Aye Charles S. DeHaven, Jr. Aye Gainesboro District Vacant Gene E. Fisher Aye Gary A. Lofton Aye COUNTY, VIRGINIA, CONSENTING TO THE ISSUANCE OF BONDS BY THE NORTHWESTERN REGIONAL JAIL AUTHORITY PURSUANT TO THE SECOND AMENDED AND RESTATED REGIONAL JAIL AGREEMENT AND OTHER MATTERS IN CONNECTION THEREWITH - APPROVED Administrator Riley advised in 2005, the Jail Authority issued $16,560,000 of Jail Facility Revenue Bonds to pay the cast of constructing and equipping irrapravements to the Northwestern Regional Jail Authority's existing regional jail facilities. Currently there remains a� balance of $14,715,400 outstanding at interest rates ranging from 4% to 5.25 %. The bond issue has a final matuxity of July 1, 2033. Given favorable market conditions, the Authority has the � opportunity to refinancing these bonds and lock -in annual debt service savings. Based upon current market conditions, the estimated level of cash flaw savings after paying financing cost by undertaking this refinancing is approximately $2.2 million. The Authority was presented this opportunity on January 17�` and passed a Resolution authorizing the transaction to proceed assuming a minimum refunding savings target can be achieved. Also at the January 17th Meeting, the Authority identifed approximately $867,000 of additional capital items including; HVAC items and a new phone system that the Board authorized to be included in this financing. These funds will be fmanced aver a 15 -year period. Again assuming current market conditions, even with the borrowing of funds for the additional capital items, it is estimated that the Authority's annual debt service cost will be reduced by approximately $15,000 except for the first year (2013) where a reduction in excess of $100,000 is expected and the last year {2033} when the debt service reserve fluid is released {savings in excess of $500,000 }, The bond sale is expected to occur in March 2013. Per the terms of the original Service Agreement of the Authority, each Member Jurisdiction is required to pass a Resolution prior to the Authority Minute Book Number 3$ Board of Supervisors Regular Meeting of 82/13/13 249 undertaking any borrowing. He concluded by saying Clarke County and the City of Winchester previously approved this resolution. Upon a motion by Vice Chairman Ewing, seconded by Supervisor DeHaven, the Board approved the Resolution of the Board of Supervisors of Frederick County, Virginia Consenting to the Issuance of Bonds by the Northwestern Regional Jail Authority pursuant to the Second Amended and Restated Regional Jail Agreement and Other Matters in Connection Therewith. WHEREAS, the Counties of Clarke, Fauquier and Frederick, Virginia, and the City of Winchester, Virginia (collectively, the "Participating Jurisdictions "), have created the Northwestern Regional Jail Authority (the "Authority ") pursuant to Chapter 3, Article 3.1 of Title 53.1 (the "Act ") of the Code of Virginia, 1950, as amended {the "Code " }, for purposes of owning and operating the Northwestern Regional Adult Detention Center (the "Regional Jail " }; WHEREAS, the Participating Jurisdictions and the Authority have entered into a Second Amended and Restated Regional Jail Agreement dated as of June 1, 2005 (the "Jail Agreement "), providing for the ownership, operation and financing of the Regional Jail; WHEREAS, the Authariry issued its $16,560,000 Jail Facilities Revenue Bonds, Series 2005 (the "2005 Bonds " }, and its $10,000,000 Jail Facilities Grant Anticipation Notes, Series 20D5 (the "2005 Notes "), secured by a pledge of the revenues received by the Autharity under and pursuant to the Jail Agreement; WHEREAS, the 2005 Notes have been paid in full and are no longer outstanding; WHEREAS, the Authority issued and sold its $495,000 Taxable Jail Facilities Revenue Bond, Series 2011 (the "2011 Bond "), to the Virginia Resources Authority and used the proceeds for anenergy- savings project, which bond was secured as to the pledge of revenues on a parity with the pledge of revenues securing the 2005 Bonds; WHEREAS, on January 17, 2013, the Authority adopted a resolution expressing its desire to realize debt service savings by refunding all or a portion of the 2005 Bonds with proceeds derived from the issuance and sale of its rail Facilities Revenue and Refunding Bonds, Series 2013 (the "2013 Bonds "); WHEREAS, the Authority has also expressed its desire to use proceeds of the 2013 Bonds to finance the cost of new capital improvements, including without limitation, a replacement cooling tower, a replacement chiller compressor, and a new telephone system (collectively, the "2013 Projects "); WHEREAS, the 2013 Bonds will be payable from and secured by amounts derived from the Participating Jurisdiction Obligations (defined below) in accordance with the terms of the Act and the Jail Agreement; WHEREAS, pursuant to Sections 4 and 6.F. of the Jail Agreement, each Participating Jurisdiction has each agreed to pay to the Authority amounts sufficient to pay when due the Participating Jurisdiction's respective share of the principal of and interest on the Obligations, including the 2013 Bonds, based upon the "Allocation Formula" set forth in Section 4.A. of the Jail Agreement as such Allocation Formula may be adjusted pursuant to Section 6.F. in the event the Authority lacks sufficient funds to pay scheduled debt service on the Obligations or certain other costs (collectively, the "Participating Jurisdiction Obligations "); and WHEREAS, the Authority hay requested the consent of the Participating Jurisdictions to the issuance of the 2013 Bonds as provided in Section 3 of the Jail Agreement; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF FREDERICK COUNTY, VIRGINIA: 1. The Board of Supervisors (the "Board ") of Frederick County, Virginia {the "County "), approves and consents, for purposes of the provisions of Section 3 of the Jail Miuute Book Number 38 Board of Supervisors Regular Meeting of 02/13/13 2501 Agreement, to the issuance by the Authority of the 2013 Bonds in a principal amount not to! exceed $17,000,000, and the use of the proceeds thereof to refund the 2005 Bonds, to finance the 2013 Projects, to fund a reserve and to pay related refunding and issuance costs. 2. The Board acknowledges that the 2013 Bonds will be payable from and secured by amounts received by the Authority from the payment of Participating Jurisdiction' Obligations. 3. For purposes of Section 2b5(b)(3)(C) {iii) of the Internal Revenue Code of 1986, as amended, the County irrevocably agrees that the amount of the 2013 Bonds shall be allocated to each Participating Jurisdiction in the same proportion that each Participating Jurisdiction has been allocated payment responsibilities under the "Allocation Formula," determined for Fiscal year ending June 30, 2012, under the Jail Agreement with respect to the 2013 Borids. 4. The Board authorizes and consents to the inclusion of County information in the Official Statement (in its preliminary and final forms) to be prepared by the Authority for purposes of marketing the 2013 Bonds and hereby directs County staff to assist the Authority in the preparation of such County disclosure. 5. The County Administrator is hereby authorized and directed to execute and deliver such documents and certificates as are necessary to enable the Authority to issue the 2013 Bonds, to refund the 2005 Bonds and to finance the 2013 Projects, including, but not limited to, a continuing disclosure agreement and closing certificates requested by the Authority and its bond counsel. Any other County official so designated by the County Administrator is hereby similarly authorized and directed to execute and deliver such documents and certificates. 6. All other acts of the off cars of the County, heretofore or hereafter taken, that are in conformity with the purposes and intent of this Resolution and in furtherance of the issuance and sale of the 2013 Bonds, the refunding of the 2005 Bonds and the financing of the 2013 Projects by the Authority are hereby approved, ratifed and confirmed. �, 7. Nothing in this Resolution or in the Jail Agreement is or shall be deemed to be a�, lending of the credit of the County or other Participating Jurisdictions to the Authority or to any' holder of any of the 2013 Bonds or to any other person, and nothing herein contained is. or shall be deemed to be a pledge of the faith and credit or the taxing power of the County or the other Participating Jurisdictions within the meaning of the Constitution of Virginia. 8. This Resolution shall take effect immediately... The above resolution was approved by the following recorded vote: Richard C. Shickle Aye Bill M. Ewing Aye Christopher E. Collins Aye Charles S. DeHaven, Jr. Aye Gainesboro District Vacant Gene E. Fisher Aye Gary A. Lofton Aye RESOLUTION ( #042 -13) IN MEMORIAM OF DR. GEORGE H. LUDWIG APPROVED UNDER CONSENT AGENDA WHEREAS, Dr. George H. Ludwig served the County of Frederick, Virginia; faithfully, for the past 20 years, first as a member of the Shawneeland Sanitary District Advisory Comlxlittee and as a merrlber of the Public Works Committee; and WHEREAS, Dr. Ludwig was appointed to the Shawneeland Sanitary District Advisory Committee in 1992 and served as chairman from 1994 -1996, where his service was based upon a fondness for Shawneeland and its residents; and WHEREAS, Dr. Ludwig was appointed to the Frederick County Public Works Committee in January 1997; and Minute Book Number 38 Board of Supervisors Regular Meeting of Q2/13/13 25.1 WHEREAS, Dr. Ludwig's unique background in the f e1d of electrical engineering, followed by a 12 year career with the Goddard Space Flight Center, National Aeronautics and Space Administration (NASA }, and his time at the National Oceanic and Atmospheric Administration's Environmental Research Laboratories brought a thoughtful, yet out of this world, perspective to the Public Works Committee; and WHEREAS, Dr. Ludwig was featured in Life magazine as one of the nation's top 100 outstanding young men in 1962. NOW, THEREFORE BE IT RESOLVED, that the Frederick County Board of Supervisors extends it deepest sympathy to the family of Dr. George H. Ludwig, an outstanding individual, a dedicated family man, and a friend to all who knew him. BE IT FURTHER RESOLVED, that this resolution be spread across the minutes of the Frederick County Board of ,Supervisors for all citizens to reflect upon the accomplishments of This citizen volunteer and that a true copy of this resolution be presented to his family. ADOPTED this 13th day of February, 2013. COMMITTEE REPORTS PUBLIC WORKS COMMITTEE REPORT - APPROVED The Public Works Committee met an Tuesday, January 29, 2413 at 8:00 a.m. All members were present except Bob Wells. The following items were discussed: ** *Items Requiring Action * ** 1. Lot Trade — Shawneeland — Authorized Public Hearing The committee reviewed and unanimously approved the exchange of #`ive (5} lots between the CHW Fartnership and the Frederick County Sanitary District of Shawneeland. The attached deed of exchange prepared by Frederick County Attorney, Mr. Roderick Williams, identifies the lots in question. Staff recommended this exchange to negate the need to construct the necessary roads to access the lots currently owned by the CCW Partnership. This transaction will also return the Iots owned by the sanitary district to the tax rolls. (Attachment 1) Upon a motion by Supervisor Fisher, seconded by Supervisor Lofton, the Board authorized a public hearing on the proposed lot exchange. 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 Gainesboro District Vacant Gene E. Fisher Aye Gary A. Lofton Aye ** *Items Not Requiring Action * ** 1. Service Resolution County Administrator John R. Riley, Jr. recommended that a resolution be prepared to commemorate the long time service of Mr. George Ludwig who recently passed away on January 22, 2013. 2. Ordinance Amendment Related to R -5 Subdivision Minute Book Number 38 Board of Supervisors Regular Meeting of 02/13/13 �5 Senior Planner, Ms. Candice Perkins, presented a proposed ordinance amendment which would allow the use of private streets within all developments in the R -5 District and would require board approval. This amendment was xequested by the potential new owners of the existing Shenandoah Subdivision which currently is an R -5 district with private roads and age restrictions. The proposed amendment would allow private streets and dwelling units that accommodate all ages. (Attachment 2) After the brief presentation by Ms. Perkins, the committee voiced the following concerns and/or comments: • Allowing private roads without age restrictions in R -5 development .could have significant impacts on county services including schools and fire and rescue. Estimates on the order of $20 to $30 million dollars of capital impacts were provided by Director of Planning and Development, Mr. Eric Lawrence. • Future maintenance of private roads was a big concern of a majority of the members. In particular, the need for a significant reserve was highlighted to cover these future road maintenance issues. • It was suggested that the ordinance amendment include a certain percentage of age restricted dwellings to offset the potential impact to county services. • The developers' representative indicated that his client would assume the responsibility for completing the roads and related items in the sectionslphases that have been completed and/or are currently under construction. 3. Upeiate of the Stormwater Program Subcommittee Deputy Director of Public Works Joe Wilder presented a brief update of the first meeting of the stormwater program subcommittee. A copy of the meeting minutes is attached. Mr. Wilder indicated that the goal of the subcommittee is to develop a starrnwater ordinance and related stormwater program on or before the current July 1, 2014 deadline. He added that a bill HB -1488 has been introduced into the current legislative session to extend the date of July 1, 2015. (Attachment 3) The subcommittee has supported a plan to combine the current erosion and sediment control ordinance with the new stoxmwater ordinance. A model ordinance to accommodate this approach is currently being drafted by the Virginia Department of Conservation and Recreation (DCR }. Mr. Wilder highlighted that a bill, HE -2048, has been proposed to transfer state authority of stormwater programs and erasion and sediment control from DCR to the Department of Environmental Quality. The actual schedule and impact of this transfer is not known. 4. Miscellaneous Reports a} Tonnage Report (Attachment 4) b} Recycling Report (Attachment 5) c} Animal Shelter Dag Report (Attachment G) d} Animal Shelter Cat Report (Attachment '� HUMAN RESOURCES COMMITTEE REPORT - APPROVED The HR Committee met in the First Floor Conference Room at 107 North Kent Street. on Friday, February 1, 2013, at 8:OOa.m. Committee members present were: Supervisor Christopher Collins, Supervisor Bill Ewing, and Dorrie Green. Also present were: County Administrator John R. Riley, Jr., Assistant County Administrator Kris Tierney, County Attorney Rad Williams, Sheriff Robert Williamson, Finance Director Cheryl Shiffler, Planning Director Eric Lawrence, Minute Booli dumber 38 Board of Supervisors Regular Meeting of 0113113 253 Department of Social Services representative Delsie Butts, employee Paul Meola, employee David Kern, and employee Adam Sisler. * * * Items Requiring Action* 1. Approval of Revised Human Resource Policies. Over the course of calendar year 2012, the HR Committee reviewed and updated HR policies in groups of three to four policies at a time. One of the major focal points of these policies is a revised leave structure known as Paid Tirne Off (PTO), Twenty -four of meetings at five locations were held by the HR Department with four hundred forty —seven employees attending. This proactive approach to leave accrual allows the employee to better manage his/her leave thereby eliminating the sick leave component and establishing Individual Disability Accounts. The committee decided to wait until several policies were reviewed and then recommend approval to the Board of Supervisors. Attachment 1 is a group of thirteen policies recommended for adoption by the HR Committee. Upon a motion by Supervisor Collins, seconded by Vice - Chairman Ewing, the Board approved the HR policies. Supervisor Lofton stated the PTO program was very robust, but we do not. mirror the private sector. He also Hated that he took exception to designated state and fcderal holidays because they increased overtime. He felt the designated holidays should be approved by Frederick County. He concluded by saying he could Hat support the PTO proposal right now. Administrator Riley advised that he appreciated Supervisor Lofton's concerns, but staff would like to get approval of what they have worked an to date. Supervisor Fisher stated that he believed staff's and the committee's work regarding PTO is an improvement, especially regarding sick leave. Vice - Chairman Ewing moved to amend the original motion to also direct staff to continue looking at PTO and designated holidays. The motion was seconded by Supervisor Lofton. 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 Gainesbaro District Vacant Gene E. Fisher Aye Gary A. Lofton Aye The amended 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 Gainesbora District Vacant Gene E. Fisher Aye Gary A. Lofton Aye Minute Book Number 3$ Board or Supervisors Regular Meeting of 02/13/13 254 2. Approval of the Employee of the Month Award. The Committee recamrriends approval of Craig Grubb as the Employee of the Month for February 2013. ** *Items Not Requiring Action * ** I. The Discussion of Creating a New Public Information Officer Position. County Adlx�inistrator John R. Riley, Jr. introduced the discussion for creating a County level Public Information Officer (PIO} position. Assistant County Administrator Kris Tierney elaborated some specific requirements of the position. The Committee elected to consider this request f�uther and it will be reintroduced at the next Committee meeting for further consideration and discussion. There being no further business, the meeting was adjourned. The next HR Committee meeting is scheduled for Friday March 1, 2013 at 8:00 am. LAKE HOLIDAY DAM WORKING COMMITTEE REPORT — APPROVED UNDER CONSENT AGENDA The LHSD Dam Working Committee met in the Public Works Department Conference Roarn located on the 2 °a Floar of the 107 North Kent Street complex, on Tuesday, January 22, 2013 at 10:00 a.m. Na Items Require Board Action I) Public Works Staff Provided the Committee with a General Update on the Status of the Spillway Project. The project is roughly two months behind schedule as a result of various complexities, including the intricate nature of the required backfill and freezing temperatures. The vast majority of concrete has been poured. It is anticipated that the contractor will be able to allow the water level to begin coming back up by mid — March. The goal at this point is to reach substation completion (water level back to normal and traffic across the bridge} by the end of April and total project completion by the end of May. 2) Staff Gave a Status Report of Collections The table below reflects December, 2012 collections as of January, 2013. Delinquencies were slightly higher {9.5% for buildable and 58 %for membership lots) than in past collections, however we are only a month out from the bill due date. It is anticipated that the delinquencies will decrease some as late payments continue to be received. Collections remain adequate to meet debt service. Lot Type Number of Lots 2nd Half Tax Total Dec. Char e Number Delinquent Percent Delinquent Amount Delinquent Buildable 1,220 $339 $413,580 134 9.5% $43,753 Unbuildable 1,536 $132 $202,752 887 58% $115,786 Totals 2,756 $616,332 1,021 37% $159,539 3) Discussion of Proposed Improvements to Downstream Channel Public Works staff gave a presentation demonstrating the staffls concern regarding future erosion in the channel just downstream of the spillway as a result of the increased flows produced by the new spillway. Of particular concern was the potential for erosion on fine sacrificial berm which protects the toe of the dam from the spillway discharge. Minute Book Number 38 Board of SuOervisors Regular Meeting of 02/13/13 255 Staff also presented a proposed remediation that could be achieved as a change order to the current spillway contract. The Lake Holiday representatives on the Committee agreed to take the information back to the LHCC Board seeking approval of the proposed change order. BOARD LIAISON REPORTS There were no Board liaison reports. CITIZEN COMMENTS There were no citizen comments. BOARD OF SUPERVISORS COMMENTS Chairman Shickle advised he would get a list of citizen committee members distributed in the near future. Supervisor Fisher advised that as liaison to the Frederick County Sanitation Authority there were issues with water distribution and supplies for water haulers. He noted he would be present at the newt Sanitation Authority meeting. 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. (7:45 P.M.) Richard C. Shickle Jo . fR�ley, Jr. Chairman, Board of Supervisors C erk, Board of Supervisors Minutes Prepared By: �. Jay E. ib s Deputy Clerk, Board of Supervisors Minute Book Number 38 Saard of Supervisors Regular Meeting of 02/13/13