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April 9 2013 Regular Meeting Minutes3241 A Regular Meeting of the Frederick County Board of Supervisors was held on Tuesday, April 9, 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 changes or additions to the agenda. Upon a motion by Supervisor DeHaven, seconded by Supervisor Hess, 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 Robert A. Hess 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: - Proclamation Declaring April 14 -20, 2013 as National Telecommunicator's Week — Tab D; - Memorandum Re: Closing of County Offices for Annual Apple Blossom Festival — Tab E; - Resolution Re: Adoption of the Northern Shenandoah Valley Regional Hazard Mitigation Plan — Tab G; - Transportation Committee Report — Tab H; and - Department Fiscal Year 2013 -2014 Annual Work Programs — Tab I. Upon a motion by Supervisor Collins, seconded by Vice - Chairman Ewing, the Board Minute Book Number 38 Board of Supervisors Regular Meeting of Tuesday, 04/09/13 325 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 Robert A. Hess Aye Gene E. Fisher Aye Gary A. Lofton Aye CITIZEN COMMENTS Jonathan Hanson, Back Creek District, appeared before the Board regarding the Senseny Road project. He advised that he had been recruited by Winchester Medical Center and his hiring bonus allowed him to purchase a home. He stated he wanted to commute to work via running, biking, and rollerblading. He went on to say he found direction and friendship with the Winchester Wheelmen group. He concluded by saying there were many reasons why the Senseny Road project should happen and he hoped the project could be completed. Shawn Carrico, Opequon District, spoke on behalf of the Winchester Wheelmen, which has 150 members, half of whom reside in Frederick County. He stated he would like to see the County invest the one -time $110,000 to widen Senseny Road for community recreation purposes. He noted the wider shoulder would also make the road safer for regular traffic. William Bartee, Shawnee District, thanked school board chairman Stuart Wolk and the school's Finance Department for responding to his questions. He cited the 88% on -time high school graduation rate and stated he had not heard from the superintendent, school board, or this board regarding the 12% that are not graduating. He went on to say he would like to see them come up with something to help those students. He stated, during this process, he found a number of people pushing an agenda, but not looking at the entire budget. He asked how we could get more citizens to participate in this endeavor and how information could be disseminated to the citizens. Stuart M. "Mike" Perry, Back Creek District, stated his family had been here for over 100 years, so he is vested in the community. He would like to see the Senseny Road corridor have a paved shoulder. He went on to say he owns bike shops in the county and the city. Through his business he sees a lot of new people coming here and seeking places to ride bikes, but there is nowhere for them to ride, so they end up going to other localities and states. He concluded by saying he would be leaving information regarding the value of paving road shoulders. Minute Book Number 38 Board of Supervisors Regular Meeting of Tuesday, 04/09/13 326 Steve Breeden, Red Bud District, advised that he rides approximately 7,000 miles per year and he finds Senseny Road to be too dangerous. He went on to say that he sees a lot of people riding bikes along the road, including children, so it would be good to have a lane to get into the city. He concluded by saying if some small improvements could be made, we could see positive differences. Edward Schrank, Red Bud District, spoke in favor of paving the shoulders of Senseny Road. He supported making the roads bike and pedestrian friendly. He concluded by saying it would be a great investment of county funds. Jay Marts, Gainesboro District, read the following: "Chairman Shickle, Members of the Board, Administrator Riley: It appears you will be adopting the largest County budget in many years & the largest single year % increase that I could, find records on. Seems a shame the increase in Budget is twice the population increase on a percentage basis. I hope the economy indicators cited in the Board meeting minutes hold true. The taxpayers could use some good news. However, if the Board continues on the same trend of the last several years, any surplus will be spent & the Taxpayer may be subjected to higher tax rates. It appears the special interest lobby was successful in swaying your favor on the budget options. I would hope that after several years of bonuses & salary increase for our Public Servants, that perhaps the taxpayers could get some relief. " Mr. Marts went on to say he was pleased to see action taken on the Expense Recovery initiative and he looked forward to seeing the program implemented. BOARD OF SUPERVISORS COMMENTS There were no Board of Supervisors' comments. MINUTES - APPROVED Upon a motion by Supervisor DeHaven, seconded by Supervisor Fisher, the minutes from the March 27, 2013 regular meeting were 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 ADOPTION OF FISCAL YEAR 2013 -2014 BUDGET RESOLUTION #047-13) - APPROVED Upon a motion by Vice - Chairman Ewing, seconded by Supervisor Hess, the Board approved the Fiscal Year 2013 -2014 Budget. Minute Book Number 38 Board of supervisors Regular Meeting of Tuesday, 04/09/13 1327 WHEREAS a notice of public hearing and budget synopsis has been published and a public hearing held on March 27, 2013, in accordance with Title 15.2, Chapter 25, Section 15.2- 2506, of the Code of Virginia, 1950 as amended. THEREFORE BE IT FURTHER RESOLVED by the Board of Supervisors of the County of Frederick, Virginia, that the budget for the 2013 -2014 Fiscal Year as advertised in The Winchester Star on March 18, 2013, be hereby approved in the amount of $329,342,306. BE IT FURTHER RESOLVED that the County of Frederick budget for the 2013 -2014 fiscal year be adopted as follows: General Operating Fund 133,024,407 Regional Jail Fund 18,415,374 Landfill Fund 6,626,620 Division of Court Services Fund 600,489 Shawneeland Sanitary District Fund 849,550 Airport Operating Fund 2,298,838 Lake Holiday Sanitary District Fund 1,120,326 School Operating Fund 134,000,043 School Debt Service Fund 14,954,701 School Capital Projects Fund 1,182,640 School Nutrition Services Fund 6,124,927 School Textbook Fund 2,158,429 NREP Operating Fund 4,819,862 NREP Textbook Fund 50,000 Consolidated Services/Maintenance Fund 3,100,000 School Trust Funds 16,100 BE IT FURTHER RESOLVED that the Board of Supervisors of the County of Frederick, Virginia, does herein adopt the tax rates for the 2013 assessment year as follows: Property Taxes — Rates per $100 of assessed value 58 '/Z cents i oo Applied to real estate, including mobile homes Applied to personal property $2.25 Applied to personal property on one vehicle to volunteer firefighters that are approved and registered with the Frederick County Fire and Rescue Department 1 cent Applied to airplanes Zero tax Applied to antique vehicles Minute Book Number 38 Board of Supervisors Regular Meeting of Tuesday, 04/09/13 3281 $2.00 On declining values to be applied to machinery and tools. The declining values are 60% for year one, 50% for year two, 40% for year three, and 30% for year four and all subsequent years. $2.00 On apportioned percentage of book values to be applied to Contract Classified Vehicles and equipment Business and Professional Occupational License Rates Contractors 16 cents per $100 of gross receipts Retail 20 cents per $100 of gross receipts Financial, Real Estate, and Professional 58 cents per $100 of gross receipts Services Repair, personal and business services 36 cents per $100 of gross receipts and all other businesses and occupations not specifically listed or exempted in the County Code Wholesale 5 cents per $100 of purchases The tax rates for other businesses and occupations specifically listed in the County Code are also unchanged. Other General Taxes Meals tax Transient Occupancy tax Vehicle License Taxes Sanitary Landfill Fees $45 $42 $12 $28 4% of gross receipts 2% of gross receipts $25 per vehicle and $10 per motorcycle Per ton for commercial /industrial Per ton for construction demolition debris Per ton for municipal waste Per ton for municipal sludge Shawneeland Sanitary District Taxes $180 Unimproved Lots $530 Improved Lots Minute Book ]Number 38 Board of Supervisors Regular Meeting of Tuesday, 04/09113 329 Lake Holiday Sanitary District Taxes $678 Buildable Lots $264 Unbuildable Lots Star Fort Subdivision Taxes/Fees $60 Per Lot Street Light Fees Oakdale Crossing and Fredericktowne $60 annually Green Acres $25 annually BE IT FURTHER RESOLVED that appropriations are hereby authorized for the central stores fund, special welfare fund, comprehensive services fund, county health insurance fund, school health insurance fund, length of service fund, special grant awards fund, employee benefits fund, maintenance insurance fund, development project fund, sales tax fund, commonwealth sales tax fund, unemployment compensation fund, DARE Program, and Forfeited Assets Program equal to the total cash balance on hand at July 1, 2013, plus the total amount of receipts for the fiscal year 2013 -2014. The Fire Company Capital appropriation will include the current year appropriation plus any unused funds at the end of the fiscal year 2013. BE IT FURTHER RESOLVED that funding for all outstanding encumbrances at June 30, 2013, are re- appropriated to the 2013 -2014 fiscal year to the same department and account for which they are encumbered in the 2012 -2013 fiscal year. BE IT FURTHER RESOLVED that the construction fund projects will be appropriated as a carryforward in the amount that equals the approved original project cost, less expenditures and encumbrances through June 30, 2013. 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 GREG BRONDOS TO FILL THE UNEXPIRED TERM OF PAUL W. HILLYARD AS GAINESBORO DISTRICT REPRESENTATIVE TO THE PARKS AND RECREATION COMMISSION - APPROVED Upon a motion by Supervisor Hess, seconded by Supervisor Fisher, the Board appointed Greg Brondos to fill the unexpired term of Paul W. Hillyard as Gainesboro District representative to the Parks and Recreation Commission, said term to expire February 13, 2016. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Bill M. Ewing Aye Christopher E. Collins Aye Charles S. DeHaven, Jr. Aye Robert A. Hess Aye Gene E. Fisher Aye Gary A. Lofton Aye Minute Book Number 38 Board of Supervisors Regular Meeting of Tuesday, 04/09/13 330 PROCLAMATION ( #002 -13) DECLARING APRIL 14 -20, 2013 AS NATIONAL TELECOMMUNICATOR'S WEEK APPROVED UNDER CONSENT AGENDA WHEREAS, emergencies can occur at anytime that require police, fire or emergency medical services; and WHEREAS, when an emergency occurs, the prompt response of police officers, firefighters and paramedics is critical to the protection of life and preservation of property; and WHEREAS, the safety of our police officers and firefighters is dependent upon the quality and accuracy of information obtained from citizens who telephone the Frederick County Department of Public Safety Communications Center; and WHEREAS, Public Safety Dispatchers are the first and most critical contact our citizens have with emergency services; and WHEREAS, Public Safety Dispatchers are the single vital link for our police officers and firefighters by monitoring their activities by radio, providing them information and ensuring their safety; and WHEREAS, Public Safety Dispatchers of Frederick County, Virginia have contributed substantially to the apprehension of criminals, suppression of fires and treatment of patients; and WHEREAS, each dispatcher has exhibited compassion, understanding and professionalism during the performance of their job in the past year. NOW THEREOFRE BE IT RESOLVED, that the Board of Supervisors of Frederick County, Virginia does hereby proclaim the week of April 14 -20, 2013 to be National Telecommunicator's Week in Frederick County, in honor of the men and women whose diligence and professionalism keep our county and citizens safe. This item was approved under the consent agenda. MEMORANDUM RE: CLOSING OF COUNTY OFFICES FOR ANNUAL APPLE BLOSSOM FESTIVAL — APPROVED UNDER CONSENT AGENDA The Board approved closing the county offices on Friday, May 3, 2013 for the 86"' Shenandoah Apple Blossom Festival. REQUEST FROM 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 Hamill Trucking, Inc. the amount of $3,504.28 for adjustment to business licenses for one or more years. Specific year information is no disclosed, so as not to reveal confidential specific annual gross revenue amounts. He went on to say Hamill Trucking is licensed under Interstate Commerce and as such cannot be taxed for a business license on their gross receipts. They were unaware of their exemption when they filed and staff did not know their Federal status. The county attorney has reviewed the request and the refund request is justified. Upon a motion by Vice - Chairman Ewing, seconded by Supervisor DeHaven, the Board approved the refund request by the following recorded vote: Minute Book Number 38 Board of Supervisors Regular Meeting of Tuesday, 04/09/13 331 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 RESOLUTION ( 9048 -13) RE: ADOPTION OF THE NORTHERN S14ENANDOAR VALLEY REGIONAL HAZARD MITIGATION PLAN — APPROVED UNDER CONSENT AGENDA WHEREAS, Frederick County, Virginia, like any jurisdiction is vulnerable to a variety of natural hazards that can result in loss of life and damages to public and private property; and WHEREAS, it is the intent of the Frederick County Board of Supervisors to protect its citizens and property from the effects of natural hazards to the furthest extent possible; and WHEREAS, the Frederick County Board of Supervisors desires to seek ways to effectively reduce and mitigate the risk of these natural and human - caused hazards through participation with the Northern Shenandoah Valley Regional Commission and adjoining jurisdictions in the development and implementation of a regional hazard mitigation plan; and WHEREAS, it is also the intent of the Frederick County Board Supervisors to fulfill its obligation under Section 322: Mitigation Planning, of the Robert T. Stafford Disaster Relief and Emergency Assistance Act, to remain eligible to receive state and federal assistance in the event of a declared disaster affecting Frederick County; and WHEREAS, the Federal Emergency Management Agency and the Virginia Department of Emergency Management have reviewed the said plan, inclusive of the Frederick County Board of Supervisors' section prepared with input from appropriate local and state officials, and has approved the plan pending the completion of local adoption procedures. NOW, THEREFORE, BE IT RESOLVED by the Frederick County Board of Supervisors this 9 1h day of April 2013, that the Board adopts the 2012 Northern Shenandoah Valley Regional Hazard Mitigation Plan and agrees to take such other official action as may be reasonably necessary to carry out the proposed actions included in the Frederick County section of the Plan, effective this date. This item was approved under the consent agenda. COMMITTEE REPORTS TRANSPORTATION COMMITTEE REPORT — APPROVED UNDER CONSENT AGENDA The Transportation Committee met on March 25, 2013 at 8:30 a.m. Members Present Chuck DeHaven (voting) Gene Fisher (voting) Gary Oates (liaison PC) Lewis Boyer (liaison Stephens City) Members Absent Mark Davis (liaison Middletown) Christopher Collins (voting) James Racey (voting) Bryon Grigsby (voting) ** *Items Requiring Action * ** None ** *Items Not Requiring Action * ** Minute Book Number 38 Board of supervisors Regular Meeting of Tuesday, 04/69/13 33 1. Aylor Road Realignment Property owners impacted by the Aylor Road Realignment attended the meeting and requested that the Committee consider modifications to the currently adopted alignment that is going to be done as part of the Route 277 project. Committee members noted that, due to a lack of quorum, no recommendation could be made but they asked staff to work with VDOT to explore the possibilities of what was being proposed by the property owners. It was noted that if multiple impacted property owners are in favor of the same modification that it is worth consideration. 2. VDOT Route 37 Work Staff presented the attached map to the Committee which denotes the differences in the Route 37 alignment between what is currently adopted and the work VDOT has done to reflect more current standards. Staff noted that they only have comments requiring VDOT reconsider the future interchange between Route 37 and Warrior Drive. The request would be that VDOT make an effort to draw an interchange footprint more in keeping with what has been planned at that location due to the amount of planning and commitments already made by neighboring development. The Committee was supportive of this comment. 3. Senseny Road Enhancement Funding Staff discussed the following information with the Committee. It should be noted that the paved shoulder discussion below is quite different from what was originally applied for and envisioned. Originally, the project was to consist of off street multi -use paths for bicycles and pedestrians, but as no additional funding was forthcoming due to economic conditions, the project discussed below was arrived at after much discussion of different alternatives with VDOT. Currently, the County is holding an award of $442,521.00 in enhancement funds for the Senseny Road Corridor. Due to a lack of funding toward the overall planned project, which totaled over $2 M, and no additional awards forthcoming, this project has not been able to move forward. More recently staff, along with VDOT, has analyzed what could be accomplished with what has been awarded and it has been determined that the funds allocated would allow for a wider paved shoulder to be placed along Senseny Road between I -81 and Greenwood Road. This shoulder would not be eligible for marking as a bicycle or pedestrian facility. Matching funds required to make use of the grant would total $110,630. The parks and recreation department has indicated willingness to fund one half of this match using proffer dollars, which would leave $55,315 needing to be funded out of the general fund. Due to the amount of time that has passed, VDOT is requesting that the County provide a plan of action for expenditure of the fiords, along with support by our CTB member, or the funds will be reallocated to other existing enhancement projects in the state. Staff also noted that discussion with the Parks and Recreation Dept. were at the staff level and that any actual recommendation of matching funds from that department would require approval by the Parks and Recreation Board. Mr. Turkel of the Parks and Recreation department and Mr. Perry of the Winchester Wheelmen Bicycle Club each spoke to the benefits provided by paved shoulders. In addition, Mr. Perry noted that the Winchester Wheelmen would be willing to provide $1,000.00 toward the matching fund requirement. Minute Book Number 38 Board of Supervisors Regular Meeting of Tuesday, 04/09/13 333 The Committee discussed the issue at length, but no consensus was reached and no vote was taken due to lack of a quorum. 4. Other ANNUAL REPORTS DEPARTMENTAL FISCAL YEAR 2013 -2014 ANNUAL WORK PROGRAMS (FOR INFORMATION ONLY)- _APPROVED UNDER CONSENT AGENDA PUBLIC HEARING PUBLIC HEARING - OUTDOOR FESTIVAL PERMIT REQUEST OF BELLE GROVE PLANTATION -- "OF ALE AND HISTORY" MICROBREW AND IMPORTED BEER TASTING FESTIVAL. PURSUANT TO THE FREDERICK COUNTY CODE, CHAPTER 86, FESTIVALS; SECTION 86 -3, PERMIT RE UIRED• APPLICATION• ISSUANCE OR DENIAL• FEE; FOR AN OUTDOOR FESTIVAL PERMIT. FESTIVAL TO BE HELD ON SATURDAY MAY 11, 2013 FROM 11:00 A.M. TO 6:00 P.M., ON THE GROUNDS OF BELLE GROVE PLANTATION 336 BELLE GROVE ROAD MIDDLETOWN VIRIGNIA. PROPERTY OWNED BY THE NATIONAL TRUST FOR HISTORIC PRESERVATION. - APPROVED Administrator Riley advised this was a request for an outdoor festival permit from Belle Grove Plantation for "Of Ale and History" Microbrew and Imported Beer Tasting Festival. The event will be held on Saturday, May 11, 2013 from 11:00 a.m, to 6:00 p.m. on the grounds of Belle Gove. Sandy Dunkle, Chairman of the Board of Directors, appeared before the Board and advised this was the 18 annual event, and it was their largest fund raiser. She concluded by asking the Board to approve the application. Chairman Shickle convened the public hearing. There were no public comments. Chairman Shickle closed the public hearing. Upon a motion by Supervisor Lofton, seconded by Vice - Chairman Ewing, the Board approved the outdoor festival permit application for Belle Grove Plantation — "Of Ale and History" Microbrew and Imported Beer Tasting Festival. 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 PUBLIC HEARING - OUTDOOR FESTIVAL PERMIT REQUEST OF VIRGINIA EAGLE DISTRIBUTING — "WELCOME CLYDESDALES ". PURSUANT TO THE FREDERICK COUNTY CODE CHAPTER 86 Minute Book Number 38 Board of Supervisors Regular Meeting of Tuesday, 04/09/13 334 FESTIVALS; SECTION 86 -3, PERMIT REQUIRED; APPLICATION ISSUANCE OR DENIAL; FEE FOR AN OUTDOOR FESTIVAL PERMIT. FESTIVAL TO BE HELD ON THURSDAY MAY 2 2013 FROM 4:00 P.M. TO 7:00 P.M.; AT 3425 VALLEY PIKE WINCHESTER VIRGINIA. PROPERTY OWNED BY VIRGINIA EAGLE DISTRIBUTING. - APPROVED Administrator Riley advised this was a request for an outdoor festival permit from Eagle Distributing — "Welcome Clydesdales ". The event will be held on Thursday, May 2, 2013 from 4:00 p.m. to 7:00 p.m. at 3425 Valley Pike. Rusty Nicholson, appeared before the Board on behalf of the application. He advised this was the first year for this type of event, which was being given for Eagle Distributing's retail customers and employees. He noted an ABC license was not required and there would be security on site. There would also be shuttle buses running to bus people to the event, as this would alleviate on -site parking concerns. Chairman Shickle convened the public hearing. There were no public comments. Chairman Shickle closed the public hearing. Upon a motion by Supervisor Lofton, seconded by Supervisor DeHaven, the Board approved the outdoor festival permit for Eagle Distributing. 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 BOARD LIAISON REPORTS There were no board liaison reports. CITIZEN COMMENTS There were no citizen comments. BOARD OF SUPERVISORS COMMENTS There were no Board of Supervisors' comments. ADJOURN UPON A MOTION BY VICE - CHAIRMAN . SWING, SECONDED BY SUPERVISOR FISHER, THERE BEING NO FURTHER BUSINESS TO COME BEFORE THIS BOARD, THIS MEETING IS HEREBY ADJOURNED. (7:37 P.M.) Minute Book Number 38 Board of Supervisors Regular Meeting of Tuesday, 44/09/13 335 Richard C. Shickle Chairman, Board of Supervisors W1,4-, John . Ri ey, .ir. Cler , Board of Supervisors Minutes Prepared By: r ` Jay E. Iiias Deputy Clerk, Board of Supervisors Minute Book Number 38 Board of Supervisors Regular Meeting of Tuesday, 04/09/13