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HomeMy WebLinkAboutFebruary 27 2013 Regular Meeting Minutes262 A Regular Meeting of the Frederick County Board of Supervisors was held on Wednesday, February 27, 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; Robert A. Hess; and Gary A. Lofton. CALL TO ORDER Chairman Shickle called the meeting to order. INVOCATION Supervisor Fisher delivered the invocation. PLEDGE OF ALLEGIANCE Vice - Chairman Ewing led the Pledge of Allegiance. ADOPTION OF AGENDA - APPROVED County Administrator John R Riley, Jr. advised there were no additions to the agenda. Upori a motion by Supervisor DeHaven, seconded by. Supervisor Lofton, 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 Robert A. Hess Aye Gary A. Lofton Aye . CONSENT AGENDA - APPROVED Administrator Riley offered the following items for the Board's consideration under the consent agenda: - Parks and Recreation Commission Report —Tab D; and - Transportation Committee Report —Tab F. Upon a motion by Supervisor Collins, 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 Robert A. Hess Aye Gary A. Lofton Aye Minu #e Baolc Number 38 Board of Supervisors Regular Meeting of U2127113 263 Under a separate consent agenda, Administrator Riley offered; - Subdivision Waiver Request — 300N, LLC (Wincrest Drive -Blue Ridge Hospice Site} — Tab G. Chairman Shickle advised he would abstain from consideration of item G due to a conflict of interest. Upon a motion by Supervisor DeHaven, seconded by Supervisor Collins, the Board approved the second consent agenda by the following recorded vote: Richard C. Shickle Abstain Bill M. Ewing Aye Christopher E. Collins Aye Charles S. DeHaven, Jr. Aye Gene E. Fisher Aye Robert A. Hess Aye Gary A. Lofton Aye CITIZEN COMMENTS Trm Donovan, Opequon District and resident of Lake Frederick, appeared before the Board to urge the approval of the proposed R -5 text amendment. He said it is important that it be approved so the development can continue to grow. He said the proposal was awin /win. He concluded by saying he would provide copies of a petition signed by the residents urging support of the proposed amendment. Ty Lawson, attorney with Lawson & Silek, appeared before the Board on behalf of the Lansdowne Development Group. He noted the existing Lake Frederick community was approved for private streets; however, the developer would like to continue developing this property and add non -age restricted lots. He noted 221 residents signed the petition in favor of the text amendment and waiver. He noted the text amendment provides tougher standards than the cuzxent ordinance. He went on to say the developer wants gated private streets for the community. He concluded by saying the applicant would like to have ilie text amendment and waiver request heard at the same time so the Board could see exactly what the proposal would allow. Hobie Mitchell, real estate developer and former member of the Commonwealth Transportation Board, expressed his excitement about the potential to develop the rest of the Lake Frederick community. He noted the developer planned to get the community active right away and they had no problem with the new standards proposed. He expressed some concern about design speeds. He concluded by asking the Board to send the text amendment forward and to consider the amendment and waiver request at the same time. Minute Book Number 3$ Board of Supervisors Regular Meeting of x2127113 264 BOARD OF SUPERVISORS COMMENTS There were no Board of Supervisors' comments. MINUTES - APPROVED Supervisor Hess advised he would abstain from voting on the approval of the minutes Upon a motion by Supervisor Fisher, seconded by Supervisor Collins, the Board approved the minutes from the February 13, 2013 budget work session. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Bill M. Ewing Aye Christopher E. Collins Aye Charles S. DeHaven, Jr. Aye Gene E. Fisher Aye Robert A. Hess Abstain Gary A. Lofton Aye Upon a motion by Vice - Chairman Ewing, seconded by Supervisor Lofton, the Board approved the minutes from the February 13, 2013 regular meeting. The above motion was approved by the following xecorded vote: Richard C. Shickle Aye Bill M. Ewing Aye Christopher E. Collins Aye Charles S. DeHaven, Jr. Aye Gene E. Fisher Aye Robert A. Hess Abstain Gary A. Lofton Aye COUNTY OFFICIALS COMMITTEE APPOINTMENTS REAPPOINTMENT OF ALLAN HUDSON TO THE RUSSELL � 1.50 COMMUNITY DEVELOPMENT AUTHORITY {CDA) - APPROVED Upon a motion by Vice - Chairman Ewing, seconded by Supervisor Fisher, the Board reappointed Allan Hudson 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. Shickle Aye Bill M. Ewing Aye Christopher E. Collins Aye Charles S. DeHaven, Jr. Aye Gene E. Fisher Aye Robert A. Hess Aye Gary A. Lofton Aye RE VEST FROM COMMISSIONER OF THE REVENUE FOR REFUND - APPROVED Minute Book Number 38 Board of supervisors Regular Meeting of 02/27/13 ��� Administrator Riiey advised this was a request from the Commissioner of the Revenue to authorize the Treasurer to refund Winchester Speech Pathologists the amount of $5,152.20 for over reporting and aver paying business license for one or mare years. One or mare subsequent years was adjusted with an increase and all other records are now correct. Upon a motion by Vice - Chairman Ewing, seconded by Supervisor Lofton, 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 Gene E. Fisher Aye Robert A. Hess Aye Gary A. Lofton Aye COMMITTEE REPORTS PARKS AND RECREATION COMMISSION REPORT -- APPROVED UNDER CONSENT AGENDA The Parks and Recreation Commission met on February 12, 2013. Members present were: Martin Cybulski, Gary Longerbeam, Charles R. Sandy, Jr.; Ronald Madagan, and Kevin Anderson, Members absent were: Ron Hodgson, Patrick Anderson, and Christopher Collins. Items Re uirin Board of Su ervisox Action: L None. Submitted far Board Information Only: 1. Foundation/Reserve Fund — Mr. Madagan moved to ga forward with the Reserve Fund and develop policies to operate the fund, second by Mr. Sandy, motion carried unanimously {5 -0). 2. Committee Appointments — Mr. Cybulski appointed the following committees: Executive Committee: Martin Cybulski and Gary Longexbeam Finance Committee: Patrick Anderson and Charles R. Sandy, Jr. Buildings and Grounds: Ronald Madagan and Gary Longerbeam Public Relations: Charles R. Sandy, Jr. and Kevin Anderson Appeals Committee: Kevin Anderson, Ronald Madagan, and Ron Hodgson FINANCE COMMITTEE REPORT - APPROVED The Finance Committee met in the First Floor Conference Raom at 107 North Kent Street on Wednesday, February 20, 2013 at 8:00 a.m. The Audit Committee immediately followed. Members Stephen Swiger and Richard Shickle were absent. Items 1 and 2 were approved under consent agenda. Upon a motion by Vice - Chairman Ewing, seconded by Supervisor DeHaven, the Board approved the consent agenda by the following recorded vote: Richard C. Shickle Aye Bill M. Ewing Aye Christophex E. Collins Aye Charles S. DeHaven, Jr. Aye Minute Soak Number 38 Board of supervisors Regular Meeting of Oi127113 X66 Gene E. Fisher Aye Robert A. Hess Aye Gary A. Lofton Aye ].. The Shexiff requests a General Fund supplemental appropriation in the amount of $2,207.14. This amount represents payment for firing range use ($500), a reimbursement from the Department of Homeland Security ($1,492.14), and donations to DARE ($15) and the K -9 program ($200 }. No local funds are required. See attached memo, p.4 -8. — Approved Under Consent Agenda. 2. The Department of Social Services requests a General Fund supplemental appropriation in the amount of $20,000 for Strengthening Families Innovators for Success Council. No local funds required. See attached memo, p. 9. — Approved Ua�der Consent Agenda. 3. The NRADC Superintendent request a NRADC Fund su Iemental a ro riation in the amount of $261,183 for the fall 2012 employee bonus and to revitalize Office Career Advancement and Development Program this spring. The Jail Authority approved the request. 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 Gene E. Fisher Aye Robert A. Hess Aye Gary A. Lofton Aye 4. Greenwood Volunteer F &R Company requests a General Fund supplemental appropriation in the amount of $23,797.38. This amount represents proffer funds available to Greenwood for the purchase of an ambulance. The item is listed on the County's C1P. Se e attached memo, p. 11 -13. The committee recommends approval of the current balance of the proffers designated to Greenwood, $25,211.38. — Approved. Upon a motion by Vice - Chairman Ewing, seconded by Supervisor Hess, 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 Robert A. Hess Aye Gary A. Lofton Aye 5. The Votex Registrar requests a General Fund supplemental appropriation in the amount of $33385 for the June dual primary election. See attached information, p. 14 -15. The committee recommends appropriation contingent on the calling of the primary. — 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 Nay Charles S. DeHaven, Jr. Aye Minute Book Number 38 Board of Supervisors Regular Meeting of 02127/13 267 Gene E. Fisher Aye Robert A. Hess Aye Gary A. Lofton Aye 6. The Transportation Director requests a General Fund supplemental appropriation in the amount of $710,904. This amount represents revenue sharing with VDOT for work on Route 11 N. No local funds required. See attached information, p. 15 -17. 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 Gene E. Fisher Aye Robert A. Hess Aye Gary A. Lofton Aye 7. The Public Works Director requests a General Fund supplemental_, appropriation in the amount of $452,347 for the design of the new Round Hill Fire and Rescue Station and Social Hall. The Public Works Committee has approved this request. Local funds are required. 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 Robert A. Hess Aye Gary A. Lofton Aye 8. The County Adrninistratox requests authorization to have an appraisal on the County Administration Building. Funds are available in current budget. 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 Robert A. Hess Aye Gary A. Lofton Aye 9. The Finance Director discusses the FY2012 Comprehensive Annual Financial Report (CAFR }. No action is required. AUDIT COMMITTEE 1. David Faley from Robinson, Fanner, Cox Associates will present the FY2012 fnal audit and be available for discussion of the upcoming 2013 audit, The committee authorized the Finance Committee chairman to sign the engagement letter for the 2013 audit. Minute Book l�'umber 38 Board of Supervisors Regular Meeting of 02/27/13 ** *Information Oa1y * ** 1. The Finance Director provides a Fund 10 Transfer report for January 2013. See attached, p. 18 -19. 2. The Finance Directar provides 1/31/13 financial statements. See attached, p. 20 -30. 3. The Finance Director provides 2113113 General Fund fund balance report. See attached, p. 31. TRANSPORTATION COMMITTEE REPORT — APPROVED UNDER CONSENT AGENDA The Transportation Committee met on February 19, 2013 at 8:30 a.m. Members Present Chuck DeHaven {voting) Gene Fisher (voting) James Racey (voting) Gary Oates (liaison PC) Lewis Boyer (liaison Stephens City) Bryon Grigsby (voting) None Members Absent Mark Davis (liaison Middletown) Christopher Collins (voting) ** *Items Requiring Action * ** ** *Items Not Requiring Action * ** 1. Private Streets in tlxe RS District Staff presented the draft modifications to the ordinance governing the use of private streets in the R5 district. The applicant was present and noted that they had specific desires regarding their development which prompted the madif cation request. They also noted that what they intend to build exceeds the proposed requirements. In discussion the committee did not identify any concerns with the modifications. MOTION: Mr. Racey made a motion to forward to the Board of Supervisors for consideration. Mr. Fisher seconded the .motion. The motion passed with 1 vote against. 2. VDOT Route 37 Work For information only at this point staff and VDOT presented a draft of the Route 37 corridor refiinements being undertaken by VDOT. The purpose of this work is to make sure that current planning for the corridor is consistent with current design standards where the old plans may not be. Staff is doing some additional work to the map coverage and will then forward them for consideration. This item will return to the Transportation Committee at their March meeting for a recommendation of comments to the Board of Supervisors. 3. I -S1 Corridor Coalition Staff notified the committee that the County had been solicited to join the I -81 Corridor Coalition at a cost of $5,000.00 per year for a three year term. Staff noted that based on discussions with local public safety leaders that the benefits of being a direct member did not Minute Book 1�'umber 38 Board of Su�ervisars Regular Meeting of 02/27/13 269 seem to justify the cost of membership. In addition the County is still a member under the umbrella of the Northern Shenandoah Valley Regional Commission which is a member. MOTION: Mr. Racey made a motion that the committee not recommend membership at this time. Motion was seconded by Mr. Grigsby. The motion passed unanimously. 4. Other Mr. Carter of VDOT noted that they will be approaching the committee for a recommendation regarding the reconstruction of the Rt. 623 bridge at the Frederick/Shenandoah County line. Mr. Oates asked for fallow up on the discussion of MARC train access or shuttles from Frederick County that was discussed at the Planning Commission retreat. PLANNING COMMISSION BUSINESS SUBDIVISION WAIVER, RE(�UEST — 30aN, LLC jWINCREST DRIVE -BLUE RIDGE HOSPICE SITE) — PUBLIC ROAD FRONTAGE WAIVER — APPROVED UNDER CONSENT AGENDA This was a request from 300N, LLC to subdivide commercial lots, which would utilize private roads instead of public streets. In order for the subdivision to occur a waiver of Section 144 -24C of the Frederick County Subdivision Ordinance must be approved by the Board of Supervisors. This item was approved under the consent agenda. DISCUSSION — PRIVATE STREETS IN THE RS RESIDENTIAL RECREATIONAL COMMUNIT DISTRICT — DENIED SENDING FORWARD FOR PUBLIC HEARING Senior Planner Candice Perkins appeared before the Board regarding this item. She advised staff received a request to allow the use of private streets for all types of developments in the RS (Residential Recreational Community) Zoning District. She noted the use of private streets in the R5 District is currently only permitted within age - restricted communities and only if approved by the Board of Supervisors. She went on to say the proposed amendment has the potential to modify communities previously approved (not proffered) as age - restricted and could introduce dwelling units that accommodate alI ages; therefore, the impacts on the -County's school system should be considered with this amendment. The proposed amendment was reviewed by the Development Review and Regulations Committee, Public Works Committee, Transportation Committee, and Planning Corxzmission. Senior Planner Perkins noted the Public Works Committee expressed concern about impacts on county services and future maintenance of the private streets. Supervisor Lofton asked if the Board did not allow private streets then the developer could still do their proposal using public streets? Minute Book 1Vumber 38 Board of Supervisors Regular Meeting of 02/27/13 X70 Senior Planner Perkins responded if the developer kept the project as age - restricted then they could utilize private streets; however, a nonage restricted development would have to � implement public streets. Supervisor Lofton asked if this amendment affected current subdivisions. Senior Planner Perkins responded no. Supervisor Lofton asked if it would affect future developments: Senior Planner Perkins responded yes. Supervisor Fisher stated that he believed the impact on county services was serious. Upon a motion by Supervisor Fisher, seconded by Supervisor DeHaven, the Board denied sending this proposal forward for public hearing due to impacts on County services. Supervisor Lofton stated he was looking forward to hearing from the community. He � noted if the development continues with public streets the impacts are not negated. He concluded by saying private streets might be an advantage to the County in the future. Vice - Chairman Ewing stated he was hoping to hear from the community also. There being no further discussion, the above motion was approved by the following recorded vote: Richard C. Shickle Aye Bill M. Ewing Nay Christopher E. Collins Nay Charles S. DeHaven, Jr. Aye Gene E. Fisher Aye Robert A. Hess Aye Gary A. Lofton Nay BOARD LIAISON REPORTS Vice- Chairman Ewing informed the Board that Trish Ridgeway, Director of Handley Regional Libxary, was retiring in August. Supervisor Lofton informed the Board that Karen Ridings from Cooperative Extension was retiring. He noted she had done a wonderful job and he thanked her for her service to the county. Chairman Shickle provided a brief report on the Joint Finance Committee meeting.) Topics included the status of the Request for Proposals for renovations to the Joint Judicial � Center, salary supplements for the General District and Juvenile Domestic Relations Courts, which were not approved, and discussions regarding outside agency and joint project fiuiding. CITIZEN COMMENTS Minute Sook Number 38 Soard of Supervisors Regular Meeting of 62/27/13 271 John Wright, Red Bud District, addressed the Board regarding the FY2014 budget. He encouraged the Board to address the priorities of salary increases, salary scales, and benefits. He noted now was the time io support the employees with a meaningful raise. He noted in the Fire and Rescue Department the quality of applicants is down over past years. He concluded by saying the department has seen a 19 %turnover rate since 2008. BOARD OF SUPERVISORS COMMENTS There were no Board of Supervisors' comments. BENEDICTION Reverend Ross Halbersrna delivered a benediction. 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. {7:42 P.M.) Richard C. Shickle Chairman, Board of Supervisors J 1 r, g rk, Board of Supervisors Minutes Prepared By: �, Jay E. ib Deputy Cierk, Board of Supervisors Minute Sook ]\'umber 38 Board of Supervisors Regular Meeting of 02/27/13