March 27 2013 Regular Meeting Minutes306
A Regular Meeting of the Frederick County Board of Supervisors was held on
Wednesday, March 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. Shiekle; Christopher E. Collins; Charles S. DeHaven, Jr.;
Bill M. Ewing; Gene E. Fisher; Robert A. Hess; and Gary A. Lofton.
CALL TO ORDER
Chairman Shiekle called the meeting to order.
INVOCATION
Supervisor Collins delivered the invocation.
PLEDGE OF ALLEGIANCE
Vice - Chairman Ewing led the Pledge of Allegiance.
agenda.
ADOPTION OF AGENDA - APPROVED
County Administrator John R. Riley, Jr. advised there were no changes ar additions to the
Upon a motion by Vice - Chairman Ewing, seconded by Supervisor DeHaven, the Board
approved the agenda by the following recorded vote:
Richard C. Shiekle
Aye
Bill M. Ewing
Aye
Christopher E. Collins
Aye
Charles S. DeHaven, Jr.
Aye
Robert A. Hess
Aye
Gene E. Fisher
Aye
Gary A. Lofton
Aye
CONSENT AGENDA - APPROVED
Administrator Riley offexed the following item for the Board's consideration under the
consent agenda:
- Human Resources Committee Report —Tab G.
Upon a motion by Supervisor DeHaven, seconded by Supervisor Hess, the Board
approved the consent agenda by the following recorded vote:
Richard C. Shiekle
Aye
Bill M. Ewing
Aye
Christopher E. Collins
Aye
Charles S. DeHaven, Jr.
Aye
Robert A. Hess
Aye
Gene E. Fisher
Aye
Gary A. Lofton
Aye
Minute Book Number 38
Board of Supervisors Regular Meeting of 03/27/13
��f
PUBLIC HEARING
FISCAL YEAR 2013 -2014 BUDGET
Administrator Riley presented the proposed Fiscal Year 2013 -2014 Budget. He noted the
proposed budget included priorities such as:
- Funding merit increases;
- Increased funding to the Regional Adult Detention Center;
- Maintain the current staffing levels; and
- Restructuring the current health insurance costs.
His presentation focused on the local economy, revenue outlook for the county, and the proposed
FY2014 fiscal plan.
With regard to the local economy, there were indicators that Frederick County's economy
is showing signs of recovery. Sales tax continues to increase. Meals and lodging taxes are
increasing at a gradual pace. He noted increases were also being realized in Personal Property,
Deeds, Recordation Taxes, Clerk's Fees, and Development Review Fees.
With regard to the FY 2014 proposed budget, Administrator Riley noted the goal
continues to be no reduction in services to county citizens. In addition to no reduction in services,
other goals included:
- No increase in tax rates;
- No involuntary reduction in workforce;
- Provide merit increases for employees;
- Continue the 57 %143% split of new revenue between the General Fund and the School
System;
- Provide increase in contribution to Northwestern Regional Adult Detention Center;
and
- Continue career development for public safety.
The total proposed FY 2014 budget, including transfers is $329,342,306.00. Of that amount, the
General Fund budget for FY2014 is $133,024,407.00. Administrator Riley noted fund balance
should be reviewed after year -end to fiend one -time capital expenditures with requests for xe-
appropriation being submitted to the Finance Committee for consideration. At the conclusion of
the presentation, Administrator Riley advised a work session was scheduled for Wednesday, April
3, 2013 at noon with adoption of the budget set for Tuesday, Apri19, 2013.
Chairman Shickle convened the public hearing on the proposed Fiscal Year 2013 -2014
Minute Book Number 38
Board of 5uper�is°rs Regular Meeting of 03/27/13
1 «+
budget.
Joy Kirk, Back Creek District and president of the Frederick County Education
Association, appeared before the Board in support of the proposed FY2014 budget. She thanked
the Board for increasing funding to the school system: She noted the employees continue to excel
at their jobs and continue to donate their time and energy beyond the normal workday. She cited
the numerous awards and honors received by the students, which showed the strengths of the
school system.
John Whitfield, Executive Director of Blue Ridge Legal Services, thanked the Board far
their support over the last 20 years. He noted his firm was asking for support of their $5,000
request This year. He noted his firm helped 120 Frederick County residents last year and spent
$143,000 representing these clients. He noted Blue Ridge Legal Services wanted to see a return
to funding at an amount of $1 per poor person based upon the most recent census data.
Stuart Walk, Chairman of the Frederick County School Board, thanked the Board for
their interest in the School Board and the children. The School Board appreciates the
collaborative relationship. He noted Frederick County's cost per pupil is about $100 below the
state average and the county taxpayers are getting a good return on investment. He went onto say
the School Board appreciates the additional funds for the much needed salary increase. He
concluded by thanking the Board for their support.
Dr. David Sovine, Superintendent of Schools, read the following statement:
"Mr. Chairman and members of the Board, I'm David Sovine, Superintendent of Frederick
County Public Schools and a resident of the Shawnee District. I'm here this evening to thank you
for working collaboratively with the School Board and school staff as we've assembled a
proposed budget for FY14. In addition, I want to reference the challenges that we still have to
face together in the future.
Despite the tight financial times that we've endured in recent years, our students and our schools
continue to excel. This past year we sa�v increases to our on -time graduation rates at all three of
our high schools and we had a total of more than 900 students receive diplomas from our three
high schools. 87 percent of those students planned to pursue apost- secondary education and they
earned nearly $3.5 million in scholarships. The success our students enjoy is made possible by
the outstanding teachers and staff members who are part of the Frederick County Public Schools
team. Thanks to your support, I'm pleased that the School Board will be able to provide
employees with their first effective salary increase since July of 2008 later this year.
While I'm very appreciative of the additional local revenue for the school division that's included
in your proposed budget, as I referenced in my initial FY14 proposal at our joint BOS and School
Board meeting in January, I want to remind you again of a few of the restoration efforts that are
needed, but not funded in FY14. These include technology replacement and upgrades, school
buses and equipment replacement.
As we look ahead to FY15, we plan to implement full -day kindergarten to help better position our
students for success. We remain the only school division out of 134 in Virginia that does not offer
any full -day kindergarten program. In addition to full -day kindergarten, we need to continue our
Minute Book dumber 38
Board of supervisors Regular Meeting of 03/27/13
309
effort to offer competitive salaries so that we can attract and retain the highest quality employees.
Other needs include the renovation of aging buildings and additional resources to address
enrollment growth.
Although there are still challenges to address, our schools are home to many success stories in
which we, as a community, can take great pride. The investments made today and in the future to
support the educatian of our children will provide great dividends for our community. Thank you
again far your interest and support of our school division and your commitment to continue to
work collaboratively with us to assure our students receive the best education passible. "
Melinda Russell, Back Creek District, noted she was proud and honored to work as a
teacher, but tonight she was speaking�on behalf of the Sheriffis Department and Fire and Rescue.
She noted the County needed to retain and recruit new employees. She went on to say the
Sheriffs Department was still behind the curve regarding technology. She noted Frederick
County was blessed with one of the best volunteer units and they have to be supported
voluntarily. She concluded by thanking the Board for its past support.
Keith Lichliter, Opequon District and a school teacher, noted the success of the children
and the county lie with educatian. He went on to say his classroom has 3 0 computers, but rarely
do all 30 run consistently. He asked the Board to fully fund the school board's proposed budget.
William Bartee, Shawnee District stated he had looked over the proposed school budget
and he saw no place where enhanced education was listed. He had a number of questions:
- What formula was used to increase salaries?
- How does Frederick County compare with other school systems?
- What was the average bonus received last fall?
- What are their benefits?
- How Iong do county taxpayers have to make up the difference?
- Does the county still have to pick up the State's 2 %increase?
He concluded by saying taxpayers need to know what they are supporting.
Susan Ritter, Opequon District, spoke in support of the proposed budget. She went on to
say, as public servants, we serve the entire public and it is our duty to give our best effort to meet
their needs. She concluded by thanking the Board far supporting the budget.
.�ohn Wright, Red Bud District, spoke in support of the proposed budget and asked the
Board to vote in favor of it. He noted a municipality's budget is built on principles and priorities.
He asked if the County reduced the tax rate, what services would be affected? He went on to say
Frederick County was once one of the top local government employers in the valley. He noted
services cost money and Frederick County is providing core services to its citizens. He went on
to say the increased health insurance premiums will be paid by the county's employees. He
concluded by encouraging the Board to adopt the budget.
There being no further public comments, Chairman Shickle closed the public hearing.
Minute .Book Number 38
Board of Supervisors Regular Meeting of 03/27/13
T
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 March 13, 2013 Regular Meeting.
The above motion was approved by the following recorded vote:
Richard C. Shickle
Aye
Bill M. Ewing
Aye
Christopher E. Collins
Aye
Charles S. DeHaven, Jr.
Aye
Robert A. Hess
Aye
Gene E. Fisher
Aye
Gary A. Lofton
Aye
COUNTY OFFICIALS
EMPLOYEE OF THE MONTH AWARD — SAMUEL R. WILSON --
(RESOLUTION #046 -I3) - APPROVED
Upon a motion by Supervisor Lofton, seconded by Supervisor Fisher, the Board approved
Samuel R. Wilson as Employee of the Month for March 2013.
WHEREAS, the Frederick County Board of Supervisors recognizes that the County's
employees axe 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, Samuel R. Wilson who serves the Frederick County Esther Boyd Animal
Shelter was nominated for Employee of the Month; and
WHEREAS, Samuel R. Wilson is being awarded far his loyalty and commitment to his
position at the Animal Shelter. Over the past three years, Samuel has transitioned from apart -
time Animal Caretaker that worked only weekends and holidays into a compassionate and
conscientious full -time Caretaker that the Shelter relies upon daily. He is able to successfully
maintain both the dog and cat facilities, as well as tend to many other critters that arrive at the
Shelter. Recently, Samuel has assumed the responsibility of making the weekly trip to Northern
Virginia Community College, where he safely transports Shelter dogs and cats so that they can
get spayed and neutered. He is always polite to visiting citizens and works well with the Shelter
staff. Samuel is to be commended for his initiative and dedication.
NOW, THEREFORE, BE IT RESOLVED by the Frederick County Board of
,Supervisors this 27�' day of March, 2013 that Samuel R. Wilson is hereby recognized as the
Frederick County Employees of the Month for March 2013; and
BE IT FURTHER RESOLVED that the Board of Supervisors extends its gratitude to
the Samuel for his, outstanding performance and dedicated service and wishes him continued
success in future endeavors; and
Minute Book Number 38
Board of Supervisors Regular Meeting of 43/27/13
3�
BE IT FURTHER RESOLVED that Samuel R. Wilson 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
Robert A. Hess
Aye
Gene E. Fisher
Aye
Gary A. Lofton
Aye
COMMITTEE APPOINTMENTS
APPOINTMENT OF DR. ROBERT "BOB" MEADOWS AS RED BUD DISTRICT
REPRESENTATIVE TO THE EXTENSION LEADERSHIP COUNCIL -
APPROVED
Upon a motion by Supervisor Collins, seconded by Vice - Chairman Ewing, the Board
appointed Dr. Robert "Bob" Meadows to fill the unexpired term of William H. Schuller as Red
Bud District representative to the Extension Leadership Council. Term expires June 22, 2015.
The above motion was approved by the following recorded vote:
Richard C. Shickle
Aye
Bill M. Ewing
Aye
Christopher E. Collins
Aye
Charles S. DeHaven, Jr.
Aye
Robert A. Hess
Aye
Gene E. Fisher
Aye
Gary A. Lofton
Aye
APPOINTMENT OF CHARLES DUNLAP AS RED BUD DISTRICT
REPRESENTATIVE TO THE PLANNING COMMISSION - APPROVED
Upon a motion by Supervisor Collins, seconded by Supervisor DeHaven, the Board
appointed Charles Dunlap to fill the unexpired term of Fhilip A. Lemieux as Red Bud District
representative to the Planning Conu�nission. Term Expires January 27, 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
Robert A. Hess
Aye
Gene E. Fisher
Aye
Gary A. Lofton
Aye
REAPPOINTMENT OF WALTER C. CUNNINGHAM TO THE FREDERICK
COUNTY SANITATION AUTHORITY - APPROVED
Upon a motion by Supervisor DeHaven, seconded by Supervisor Fisher, the Board
reappointed Walter C. Cunningham to the Frederick County Sanitation Authority. This is a four
year appointment. Term expires April 15, 2017.
Minute Book Number 38
Board of supervisors Regular Meeting of 03/27/13
;� 2
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
Robert A. Hess
Aye
Gene E. Fisher
Aye
Gary A. Lofton
Aye
I:��
REPRESENTATIVE TO THE SOCIAL SERVICES BOARD - APPROVED
Upon a motion by Supervisor Fisher, seconded by Vice - Chairman Ewing, the
appointed Karen Kimble to fill the unexpired term of Jane Warner as Shawnee
representative to the Social Services Board. Term expires June 30, 2014.
The above motion was approved by the following recorded vote:
Richard C. Shickle
Aye
Bill M. Ewing
Aye
Christopher E. Collins
Aye
Charles S. DeHaven, Jr.
Aye
Robert A. Hess
Aye
Gene E. Fisher
Aye
Gary A. Lofton �
Aye
[SSIONER OF THE REVENUE FOR REFI
APPROVED
Administrator Riley advised this was a request from the Commissioner of the Revenue
authorize the Treasurer to refund Quality Inn the amount of $2,634.41 for adjustment to
license for 2012. The Quality Inn was purchased by Shenandoah University and is no
operated as a motel. Exoneration is for the unused portion of the 2012 business license.
Chairman Shickle advised he would abstain from consideration of This matter and
the gavel over to Vice - Chairman Ewing.
Upon a motion by Supervisor Lofton, seconded by Supervisor Hess, the Board
the refund request.
The above motion was approved by the fallowing recorded vote:
Richard C. Shickle
Abstain
Bill M. Ewing
Aye
Christopher E. Collins
Aye
Charles S. DeHaven, Jr.
Aye
Robert A. Hess
Aye
Gene E. Fisher
Aye
Gary A. Lofton _
Aye
EXPENSE RECOVERY MEMORANDUM OF UNDERSTANDING - APPROVED
Administrator Riley advised he was pleased to present this document to the Board
Minute Book Number 38
Board of supervisors ReguEar Meeting of 03/27/13
�^
approval. It had received unanimous support from the working committee and was before the
Board for action.
Upon a motion by Supervisor Collins, seconded by Supervisor DeHaven, the Board
approved Version 7 of the Expense Recovery Memorandum of Understanding.
EXPENSE RECOVERY MEMORANDUM OF UNDERSTANDING
1. Parties; As of [effective date], the parties to this Memorandum of Understanding { "MOU "}
are the County of Frederick, Virginia (the "County "),apolitical subdivision of Virginia,
acting through its Fire and Rescue Department, the Frederick County Fire &Rescue
Association (the "Association "), an unincorporated association, and the following
"Participating Companies ", each of which is a Virginia corporation: [list of participating
companies, with correct legal entity names] {each may be referred to individually herein as a
"Participating Company "). The following "Non- Participating Companies ", each of which is
a Virginia corporation, join this MOU solely for purposes of Sections 1, 4, or 6: [list of non-
participating companies, with correct legal entity names] {each may be referred to
individually herein as a "Non- Participating Company " }. As long as a company is a "Non-
participating Company ", its consent shall not be required for amendments to this MOU, other
than as to any amendment to Section i, 4, or 6. The Participating Companies and the Non-
participating Companies are jointly referred to herein as a "Volunteer Company" or the
"Volunteer Companies ".
2. Purpose: The purpose of this MOU is to set forth the responsibilities of the County, the
Association, and the Participating Companies for operation of the "Expense Recovery
Program" (also referred to herein as the "Program " },, under which program the County and
the Participating Companies will seek to recover certain of their expenses incurred in
providing emergency medical services ( "EMS ").
3. County Responsibilities: As part of the shared responsibility for the Expense Recovery
Program, the County will:
A. Pay all costs, including salary and benef ts, associated with the utilization of one County
employee intended specifically to provide on -going administrative support for Program,
including all costs of any third -party billing services provider and including the cost of
consumable equipment and supplies used on EMS calls, with all costs under this Section
3A to be subtracted and paid from the gross revenue collected under the Program, before
disbursements are made, pursuant to Section 3D, to the County and to the Participating
Companies.
B. Maintain the revenue generated from the Program in an account dedicated to expense
recovery and separate from any other County revenue.
C. Provide a quarterly accounting related specifically to revenues and expenses associated
with the Program.
D. Distribute to the Participating Companies, no less frequently than quarterly, net revenue
received under the Program, based on each individual Participating Company's actual
transports, to include 100% of billable mileage expenses and 50% of the net revenue after
billable mileage expenses.
E. The County will not increase, reduce, or eliminate funding (to any amount different from
what a Participating Company receives) for Non - Participating Companies.
4. Volunteer Com an Res onsibiiities: As part of the shared responsibility for the Expense
Recovery Program, the Volunteer Companies will:
A. Maintain apparatus in serviceable condition to meet Virginia State Police vehicle
inspection requirements and the Virginia Department of Health, Office of Emergency
Medical Services regulations.
B. Have and follow a preventative maintenance program for all fire and xscue apparatus.
iVIinuie Book Number 38
Bard of Supervisors Regular MeeCing of 03/27/13
����
3�
C. Keep maintenance records on file for all fire and rescue apparatus, to meet federal and
state regulations, and make such records available for review by the County upon request.
D. Adhere to all Standard Operating Guidelines established by the Association as approved
by the Chiefs Workgroup.
E. Submit an annual Capital Improvement Plan {CIP) to the County as part of the County's
annual CIP process.
F. Use the revenue generated from the Program only for purposes of covering:
1. operating expenses;
2. existing debt service, and
3. new debt service (i.e., apparatus }, but not for new debt service of bricks and mortar.
The Volunteer Companies shall not, however, pledge, as security for any debt, any
revenue generated from the Program.
G. Submit an annual financial statement to the County for audit by the County's auditor that
includes particular items as requested by the County's auditor.
H. Not change second, third, due etc. assignments to prevent Participating Companies from
responding into first due areas ofNon- Participating Companies.
L Complete all incident documentation in a timely fashion, i.e. within 24 hours from the
time an incident is handled.
5. Joint Responsihilities_ of the County and the Participating Companies: As part of the
shared responsibility fore the Expense Recovery Program, the County and the Participating
Companies will:
A. Manage the Program generally and select a private "third- party" billing agency.
B. Pay all costs associated with the utilization of a private "third- party" billing agency, with
such costs to be subtracted from the gross revenue collected under the Prograrn, before
disbursements are made to the County and to the Participating Companies.
C. Adhere to the practice of "soft billing ", as described in the Expense Recovery Policies as
set forth in the Standard Operating Guidelines.
6. Association Responsibilities: As part of the shared responsibility for the Expense Recovery
Program, the Association will:
A. Assist in ensuring compliance with all Standard Operating Guidelines established by the
Association as approved by the Chiefs Workgroup.
B. In the event amendments to this MOU are to be considered, the Association will act as
the coordinator for the Volunteer Companies and as the representative between each
Volunteer Company and the County.
7. Amendments•
A. The County and the Volunteer Companies do not intend to modify any items listed in this
MOU for a minimum of 2 years, but agree that, in the event of unforeseen circumstances,
they will proceed in good faith to consider appropriate modification at such sooner time
as may be necessary. "The parties recognize that this MOU cannot address every
procedural issue that may be encountered and they state their intention to review this
MOU at least once every two years to identify appropriate amendments. This MOU may
be amended only by a written document signed by all parties hereto.
B. Should a Volunteer Company choose to opt in to become a "Participating Company" in
the Expense Recovery Program or opt out from being a "Participating Company" in the
Expense Recovery Program, it may only do so effective at the beginning of a fiscal year
{July 1 }, upon 60 days advance written notice to the County and the Participating
Companies and Nan - Participating Companies. Opting in or opting out does not preclude
a Volunteer Company from opting in or opting out for a future fiscal year.
Miuute Baak Number 3$
Board of Supervisors Regular Meeting of 03/27/13
1315
COUNTY OF FREDERICK, VIRGINIA
By: Date:
Title:
FREDERICK COUNTY VOLUNTEER FIRE &RESCUE ASSOCIATION
BY� Date:
Title:
STEPHENS CITY FIRE AND RESCUE COMPANY, INCORPORATED
BY� Date:
Title:
MIDDLETOWN VOLUNTEER FIRE AND RESCUE COMPANY, INCORPORATED
BY� Date:
Title:
CLEAR BROOK VOLUNTEER FIRE &RESCUE INC.
BY� Date:
Title:
GORE VOLUNTEER FIRE COMPANY
BY� Date:
Title:
ROUND HILL COMMUNITY FIRE AND RESCUE COMPANY
By: Date:
Title:
GAINESBORO FIRE COMPANY
By: � Date:
Title:
STAR TANNERY VOLUNTEER FIRE DEPARTMENT `
By: Date:
Title:
GREENWOOD VOLUNTEER FIRE AND RESCUE COMPANY
By: Date:
Title:
NORTH MOUNTAIN VOLUNTEER FIRE COMPANY
Minute Book Number 38
Board of Supervisors 12egular Meeting of 03/27/13
3�6
:,
Title:
Date:
REYNOLDS STORE VOLUNTEER FIRE AND RESCUE COMPANY #20
By: Date:
Title:
MILLWOOD STATION VOLUNTEER FIRE AND RESCUE COMPANY 2I,
INCORPORATED
Title:
Date:
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, 7r.
Aye
Robert A. Hess
Aye
Gene E. Fisher
Aye
Gary A. Lofton
Aye
Supervisor Fisher thanked everyone involved in this process and stated their efforts were
appreciated.
COMMITTEE REPORTS
HUMAN RESOURCES COMMITTEE REPORT — APPROVED UNDER
CONSENT AGENDA
The HR Committee met in the First Floor Conference Room at 107 North Kent Street on
Friday, March 1, 2013 at 8:00 a:m. Committee members present were: Supervisor Chris Collins
and Supervisor Bill Ewing. Committee member absent was Dorrie Green. Also present were:
Assistant County Administrator Kris Tierney, Finance Director Cheryl Shiffler, and County
Attorney Rod Williams.
�* *Items Requiring Action * **
1. Approval of the Employee of the Month Award.
The Committee recommends approval of Sam Wilson as the Employee of the Month for
March 2013.
** *Items Not Requiring Action * **
1. The Discussion of Draft Human Resource Policies.
Committee Chairman Chris Collins introduced the discussion outlining the recommended
changes to the policies. The intent is not to proceed with any action to the Board of Supervisors
until the rest of the remaining policies can be reviewed in total.
There being no further business, the meeting was adjourned.
The next HR Committee meeting is scheduled far Friday, Apri15, 20 i 3.
Minute Book Number 38
Board of Supervisors Regular Meeting of Q3/27/13
3�
CODE AND ORDINANCE COMMITTEE REPORT - APPROVED
The Code &Ordinance Committee met on Thursday, March 14, 2013 at 3:00 P.M., in the
Closed Session Room, Frederick County Board of Supervisors' Meeting Room, County
Administration Building, 107 North Kent Street, Winchester, Virginia. Present were Christopher
E. Collins, Chairman; Robert A. Hess; Bill M. Ewing; Derek Aston; Stephen Butler; and James
Drown. Also present were County Administrator Jahn R. Riley, Jr.; Jay E. Tibbs, Deputy County
Administrator; County Attorney Rod Williams; Ellen Murphy, Commissioner of the Revenue;
and Bev Rosato, Chief Administrator of the Business Division.
The committee submits the following:
** *items Requiring Board Action * **
1. Proposed Amendments to the Frederick County Code, Chapter 155, Ta�atiou, Re:
Carnivals, Circuses and Trained Animal Shows, and Itinerant and Distressed
Merchandise Vendors.
The Code and Ordinance Committee reviewed a request to amend the Frederick County
Code, Chapter 15S Taxation. §155 -98 has been amended to include Trained animal shows. Anew
subsection C is proposed to create a $100 event fee for non carnival related events. Subsection D
provides for an exemption to the license fee for events sponsored lay a nonprofit organization and
for persons or organizations participating in an event sponsored by a nonprofit organization
where their participation in the event furthers the mission of the nonprofit. Changes are further
proposed to g15S -100 to establish a $30 per event license fee fox vendors who engage in or
transact any business for the sale of goods and wares at a festival.
Upon a motion by Mr. Aston, seconded by Mr. Drown, the Code and Ordinance
Committee forwarded this item to the Board for public hearing with a recommendation of
approval. The motion was unanimously approved.
Upon a motion by Supervisor Collins, seconded by Vice - Chairman Ewing, the Board
forwarded the proposed amendments to public hearing.
Chairman Shickle expressed some concerns about the wording of the proposed ordinance
changes. He did not find it to be well written.
There being na further discussion, the above motion was approved by the following
recorded vote:
Richard C. Shickle
Nay
Bill M. Ewing
Aye
Christopher E. Collins
Aye
Charles S. DeHaven, Jr.
Aye
Robert A. Hess
Aye
Gene E. Fisher
Aye
Gary A. Lofton
Aye
PARKS AND RECREATION COMMISSION REPORT - APPROVED
The Parks and Recreation Commission met on March 22, 2013. Members present were:
Marty Cybulski, Charles Sandy, Jr., Ronald Madagan, Patrick Anderson, Kevin Anderson, and
Gary Longerbeam. Members absent were: Ron Hodgson and Christopher Collins.
Items Re uirin Board of Su ervisors Action:
1. Buildings and Grounds —Sewer Easement Request —The Buildings and Grounds
Committee recommended to approve the sewer easement request submitted by Painter &Lewis
for a gravity sewer system that would run from the old Clearbrook Woolen Shop property through
a portion of Clearbrook Park and connect to the Frederick County Sanitation Authority System,
second by Mr. Sandy, motion carried unanimously (� -0). A public hearing is required if the
Minute Book Number 38
Board of Supervisors Regular Meeting of 03/27/13
Board of Supervisaxs wish to move forward with the Parks and Recreation Commission':
recommendation.
Upon a motion by Supervisor Collins, seconded by Vice - Chairman Ewing, the Bo
approved sending the easement request forward for public hearing.
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
Robert A. Hess
Aye
Gene E. Fisher
Aye
Gary A. Lofton
Aye
Submitted for Board Information Only:
1. Reserve Fund Policy — Mr. Madagan moved to postpone the approval of the
Fund Policy to establish a general maintenance fund, second by Mr. Sandy, motion
unanimously (6 -0).
2. Facility Reservation Policy — Mr. Madagan moved to approve the Facili
Reservation Policy as submitted, second by Mr. Sandy, motion carried unanimously {6 -0 }.
FINANCE COMMITTEE REPORT - APPROVED
The Finance Committee met in the First Floor Conference Room at 107 North Kent S
on Wednesday, March 20, 2013 at 8:00 a.m. All members were pxesent.
1. The NRADC Superintendent requests a NRADC Fund su lemental a ro riation i
the amount of $30,464.85. This amount repxsents insurance reimbursements for storm damage
No local funds required. See attached information, p. 7. The committee recommends approval.
Approved
Upon a motion by Vice - Chairman Ewing, seconded by Supervisor DeHaven, the B
approved the above request by the following recorded vote:
Richard C. Shickle
Aye
Bill M. Ewizag
Aye
Christopher E. Collins
Aye
Charles S. DeHaven, Jr.
Aye
Robert A. Hess
Aye
Gene E. Fishex
Aye
Gary A. Lofton
Aye
2. The Assistant County Administrator requests a General Fund suppleme
aupronriation in the amount of $9,1'15.04. This amount represents an insurance reimburserr
for storm damage. No local funds required. See attached information, p. 8. The commi
recommends approval. - Approved
Upon a motion by Vice - Chairman Ewing, seconded by Supervisor Fisher, the B
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
Robert A. Hess
Aye
Minute Book Number 38
Board of Supervisors Regular Meeting of 03/27/13
31
Gene E. Fisher Aye
Gary A. Lofton Aye
3. The Assistant County Administrator requests a General Fund supplemental
appropriation in the amount of $44,500. This amount represents funds received from the general
contractor for damages sustained to the roof surface at the Bowman Library during construction.
The general contractor has provided one -half of the estimated cost of the roof repair. The other
half will come from Ibrary proffer funds that were previously appropriated for the installation of
a walkway at the library. See attached information, p. 9. The committee recommends approval. -
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. ShickIe
Aye
Bill M. Ewing
Aye
Christopher E. Collins
Aye
Charles S. DeHaven, Jr.
Aye
Robert A. Hess
Aye
Gene E. Fisher
Aye
Gary A. Lofton
Aye
4. The Finance Directnx requests discussion on budget amendments to cover large tax
refunds. See example, p. 1Q. No action required.
5. The County Administrator requests discussion on tax exemption for. The Village at
Orchard Ridge. See attached information, p. 11 -24. The committee recommends postponement of
the request until additional information can be presented to the committee.
6. Requested information on outside agency funding requests is provided for discussion.
A summary of the requests is attached, p. 21. Detailed requests have been uploaded to SkyDrive.
No action required.
A joint Finance Committee &Board of Supervisors budget work session will be held at
12:00 noon on Wednesday, April 3, 2013 in the Board of Supervisors' Meeting Room, 107
North Kent Street, Winchester, VA.
** *Information Only * **
1. The Finance Director provides a Fund 10 Transfer report for February 2013. See
attached, p. 22.
2. The Finance Director provides 2128113 financial statements. See attached, p. 23 -33.
3. The Finance Director provides 3/14/13 General Fund fund balance report. See
attached, p. 34.
BOARD LIAISON REPORTS
There were no Board liaison reports.
CITIZEN COMMENTS
There were no citizen corrzments.
BOARD OF SUPERVISORS COMMENTS
There were no Board of Supervisors' comments.
ADJOURN
Minute Book Number 38
Board of Supervisors Regular Meeting of 03/27/13
32o
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. (7:56 P.M.)
Richard C. Shickle
Chairman, Board of Supervisors
Jon .Re
C k, Board of Supervisors
Minutes Prepared By:
Jay E. ib s
Deputy Clerk, Board of Supervisors
Minute Book Number 38
Board of Supervisars Regular Meeting of 43/27/13