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May 22 2013 Regular Meeting Minutes364 A Regular Meeting of the Frederick County Board of Supervisors was held on Wednesday, May 22, 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 Collins 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 he had no additions to the agenda. Upon a motion by Supervisor DeHaven, seconded by Vice - Chairman Ewing, 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 item for the Board's consideration under the consent agenda: - 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 Robert A. Hess Aye Gene E. Fisher Aye Gary A. Lofton Aye CITIZEN COMMENTS Minute Book Number 38 Board of Supervisors Regular Meeting of 05/22/13 665 John Capehart, Chairman of Our Health, appeared before the Board regarding proposed reductions in County funding. He began by thanking the Board and the County for supporting Our Health since 1999. He noted the Board became a large supporter both morally and financially and this support allowed the program to grow and prosper. He went on to say that Our Health partners with other agencies to improve health outreach. There are 16 agencies on the main campus serving 30,000 people. He went on to say that Our Health subsidizes the rents paid by the agencies. He advised that Frederick County provides $21,000 in support and these funds do not go for operations. He stated Our Health is strongly affiliated with Valley Health and they believe we provide an invaluable service for the community. He concluded by saying having the collaboration of local government and non - profit health agencies is a good thing and he asked the Board to restore funding. BOARD OF SUPERVISORS COMMENTS There were no Board of Supervisors comments. MINUTES - APPROVED Upon a motion by Supervisor DeHaven, seconded by 'Vice- Chairman Ewing, the Board approved the minutes from the May 8, 2013 meeting 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 COMMITTEE APPOINTMENTS APPOINTMENT OF SCOT MARSH TO THE RUSSELL 150 COMMUNITY DEVELOPMENT AUTHORITY - APPROVED Upon a motion by Supervisor DeHaven, seconded by Supervisor Lofton, the Board appointed Scot Marsh 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 Robert A. Hess Aye Gene E. Fisher Aye Gary A. Lofton Aye Minute Book ]`lumber 38 Board of Supervisors Regular Meeting of 05/22/13 366 APPOINTMENT OF REBECCA EBERT, BILL HOTTEL, AND SHARON FARINHOLT TO THE WINCHESTER- FREDERICK COUNTY CONVENTION AND VISITORS' BUREAU (TOURISM BOARD) - APPROVED Upon a motion by Supervisor Lofton, seconded by Supervisor Fisher, the Board approved the appointment of Rebecca Ebert, Bill I Iottel, and Sharon Farinholt to the Winchester- Frederick I County Convention and Visitors' Bureau (Tourism Board). This is a three year appointment. Term expires June 30, 2016. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Bill M. Ewing Aye Christopher E. Collins Aye Charles S. DeHaven, Jr. Aye Robert A. Hess Aye Gene E. Fisher Aye Gary A. Lofton Aye REAPPOINTMENT OF LYNN SCHMITT TO THE SHAWNEELAND SANITARY DISTRICT ADVISORY COMMITTEE - APPROVED Upon a motion by Supervisor Lofton, seconded by Supervisor Hess, the Board reappointed Lynn Schmitt to the Shawneeland Sanitary District Advisory Committee. This is a! two year appointment. Term expires July 13, 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 MEMO AND RESOLUTION ( #054 -13) RE: RESIGNATION OF OPEQUON DISTRICT SUPERVISOR — PETITION FOR SPECIAL ELECTION - APPROVED Administrator Riley advised this was a request for the Board to authorize the county attorney to file a Petition of Special Election due to the resignation of the Opequon District Supervisor. The effective date of the resignation is May 28, 2013. Vice - Chairman Ewing advised that he would abstain from consideration of this item. Upon a motion by Supervisor Collins, seconded by Supervisor Lofton, the Board approved the resolution authorizing the county attorney to file a Petition of Special Election to fill the vacancy in the office of Opequon District representative to the Board of Supervisors. WHEREAS, Bill M. Ewing has submitted his resignation as Opequon District representative to the Board of Supervisors, effective May 28, 2013; and Minute Book Number 38 Board of Supervisors Regular Meeting of 05/22/13 367 WHEREAS, Virginia Code §24.2- 226(A) requires the Board of Supervisors to file with the Circuit Court a petition for a writ of election to fill the vacancy in the office of Opequon District representative to Board of Supervisors within 15 days of the vacancy; and WHEREAS, state law permits the Circuit Court to schedule such election concurrent with the general election already scheduled for November 5, 2013; and WHEREAS, the Circuit Court has previously scheduled a separate vacancy in the office of the Gainesboro District representative to the Board of Supervisors, to be filled by a special election concurrent with the general election already for November 5, 2013; and WHEREAS, state law provides for the office of Opequon District representative to Board of Supervisors to be filled on an interim basis until his successor is elected and qualified and had taken the oath of office. NOW, THEREFORE, BE IT RESOLVED, that the Board authorizes the County Attorney, as soon as possible following the effective date of the Opequon District vacancy, to file with the Circuit Court a petition seeking issuance to a writ of election, to fill the vacancy in the office of the Opequon District representative to Board of Supervisors, such election to occur on November 5, 2013, concurrent with the general election that same day, or on such other date as the Circuit Court may find just and proper. ADOPTED this 22 °d day of May, 2013. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Bill M. Ewing Abstain Christopher E. Collins Aye Charles S. DeHaven, Jr. Aye Robert A. Hess Aye Gene E. Fisher Aye Gary A. Lofton Aye COMMITTEE REPORTS HUMAN RESOURCES COMMITTEE REPORT - APPROVED The HR Committee met in the First Floor Conference Room at 107 North Kent Street on Friday, May 10, 2013 at 8:00 a.m. Committee members present were. Supervisor Robert Hess, Supervisor Bill Ewing, Citizen Member Dorrie Greene, and Citizen Member Beth Lewin. Committee members absent were: Supervisor Chris Collins and Citizen Member Barbara Vance. Also present were: Assistant County Administrator Kris Tierney, County Attorney Rod Williams, Fire and Rescue Chief Dennis Linaburg, Deputy Chief Larry Oliver, Emergency Management Coordinator Chester Lauck, and DSS Administrative Manager Delsie Butts. ** *Items Requiring Action * ** 1. Adoption of Updated HR Policies. - Approved The Committee recommends adoption of the amended HR policies: a. Harassment /Sexual Harassment Policy b. Drug and Alcohol Free Workplace Policy c. Workplace Violence Policy Upon a motion by Supervisor Hess, seconded by Supervisor Collins, the Board approved the policy amendments by the following recorded vote: Richard C. Shickle Aye Bill M. Ewing Aye Minute Book Number 38 Board of Supervisors Regular Meeting of 05/22/13 36 Christopher E. Collins Aye Charles S. DeHaven, Jr. Aye Robert A. Hess Aye Gene E. Fisher Aye Gary A. Lofton Aye 2. Creation of the EMS Billing Manager Position within the Fire & Rescue Department. - Approved . The Committee recommends the creation of the EMS Billing Manager position within the Fire & Rescue department. This is a new position within the County and will require the Board of Supervisor's approval to create it. Once approved, staff can begin the process of researching the appropriate class, range, and salary that will support the goals of the County with the EMS Expense Recovery Program. Once these position items are researched, the Committee will review and recommend salary and benefit details involved with the position. Upon a motion by Supervisor Hess, seconded by Supervisor Collins, the Board approved the creation of the position of EMS Billing Manager within the Fire & Rescue Department. 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 ** *Items Not Requiring Action * ** 1. The Annual Review of the HR Committee Charter. As a requirement of the HR Committee Charter, the Committee reviewed and reassessed the adequacy of the Charter. The Committee decided to maintain the current charter, but utilize it as a means to schedule topics and discussions for each meeting. The HR Director was tasked with drafting an annual schedule that will enable the Committee to enforce the purpose of the charter and be proactive on the responsibilities of the Committee. Additionally, the HR Director was tasked with, at the next meeting, providing an overview of the County's benefit programs and a list of the Unclassified Positions within the Compensation Plan. 2. Discussion of Future Meeting Days and Times. The Committee decided to maintain the current schedule for monthly meetings, the first Friday of each month at 8:00 a.m. There being no further business, the meeting was adjourned. The next HR Committee meeting is scheduled for Friday, June 7, 2013. FINANCE COMMITTEE REPORT - APPROVED The Finance Committee met in the First Floor Conference Room at 107 North Kent Street on Wednesday, May 15, 2013 at 8:00 a.m. Member Richard Shickle was absent. Items 1, 2, 4, and 6 were approved on 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 Minute Book Number 38 Board of Supervisors Regular Meeting of 05/22/13 369 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 1. The Sheriff requests a General Fund supplemental qppropriation in the amount of $2,820 This amount represents DARE donations. No local funds required. See attached memo, p. 4 -5. — Approved Under Consent Agenda 2. The Sheriff requests a General Fund supplemental appropriation in the amount of $500. This amount represents funds received for firing range use. No local funds required. See attached information, p. 6. — Approved Under Consent Agenda 3. The Sheriff requests a General Fund supplemental appropriation in the amount of $25,000 to cover overtime incurred through year end. See attached memo, p. 7. 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 Robert A. Hess Aye Gene E. Fisher Aye Gary A. Lofton Aye 4. The Department of Social Services requests a net General Fund reduction appropriation in the amount_ of $352,416 of which all is State /Federal dollars. See attached information, p. 8 -9. — Approved Under Consent Agenda 5. The Fire & Rescue Chief requests a General Fund supplemental appropriation in the amount of $14,834.61 This amount represents revenues collected in excess of budgeted amounts and will be used for overtime expenses through year end. No local funds required. See attached memo, p. 10. 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 Robert A. Hess Aye Gene E. Fisher Aye Gary A. Lofton Aye 6. The Fire & Rescue Chief requests a General Fund sLipplemental appropriation in the amount of $200 This amount represents a donation to the department. See attached memo, p. 11. — Approved Under Consent Agenda 7. The Fire & Rescue Chief requests the use of proffer funds and a General Fund sLipplemental appropriation in the amount of $15,000 for station renovation and HVAC replacement at Clear Brook Fire Company. See attached memo, p. 12. The approved Proffer Policy is provided, see attached, p. 13. The committee recommends approval with the County providing procurement oversight and administration. — Approved Minute Book Dumber 38 Board of Supervisors Regular Meeting of 05/22/13 373 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 Robert A. Hess Aye Gene E. Fisher Aye Gary A. Lofton Aye 8. The Fire & Rescue Chief requests a change order to PO 21448 in the amount of $875 for additional tile work. Procurement policy states that a change order that exceeds the original purchase order by more than 10% must be approved by the Board of Supervisors. See attached memo, p. 14. 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, 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 9. Outside agency contribution and Parks & Rec co- sponsorship information are provided for continued discussion. See attached information, p. 15 -23. The committee recommends FY 2014 elimination of the contribution to Our Health and a reduction of the contribution to the Shenandoah Valley Discovery Museum to $5,000. The committee will review all non - discretionary outside agency contributions for potential adjustments to the FY 2015 contributions. — Referred Back to Committee With No Funds to be Disbursed Until Committee Review Has Taken Place Vice- Chairman Ewing moved to approve the committee's recommendation. The motion died due to the lack of a second. Supervisor DcHaven moved to refer this item back to the Finance Committee to allow the discretionary outside agencies to present their case before a final decision is made. The motion was seconded by Supervisor Collins. Supervisor Lofton stated the Board had kicked this can down the road many times. He went on to say he thought the Board was taking action this year. He went on to say if the Board does not have the will to do something this fiscal year "we" will not have the will in any fiscal year. He concluded by saying he did not mind referring this back to the committee, but he did not want to see any funds disbursed until that is accomplished. Upon a motion by Supervisor Lofton, seconded by Vice - Chairman Ewing, the Board amended the original motion to include the provision that no funds will be disbursed until the committee review has taken place. Minute Boole Number 38 Board of supervisors Regular Meeting of 05/22/13 1371 Supervisor Hess advised there were a lot of worthy organizations on this list, but we need to re- examine them in light of today's conditions. He concluded by saying it would behoove us to ensure we give them enough notice. Supervisor Lofton stated we are not taking anyone's lifeline away by removing funding. He went on to say not all agencies were being cut. Supervisor Fisher stated he would like to know how the funds are being used and what services would be cut if the funding was not there. Supervisor Collins stated he did not see any commentary regarding why the agencies were proposed to be cut. He went on to say the lack of information concerned him. There being no further discussion, the amendment to the 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 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 Robert A. Hess Aye Gene E. Fisher Aye Gary A. Lofton Aye 10. The County Administrator provides the 2011 Frederick County Fire & Rescue Companies Audit Findings and Recommendations and requests discussion and recommendations. See attached information, p. 24. The committee recommends that each company submit a corrective action plan prior to the next scheduled donation disbursement in August 2013, 11. The County Attorney presented information on the amendment to the special assessment roll approved by the Russell 150 Community Development Authority. See attached information, p. 25 -31. No action required. — Approved Upon a motion by Vice- Chairman Ewing, seconded by Supervisor Lofton, the Board accepted the Term Sheet, identified as Exhibit "A" of the Municap, Inc. memorandum dated March 13, 2013 and authorized the County Administrator to sign same, on behalf of Frederick County. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Bill M. Ewing Aye Minute Book Number 38 Board of Supervisors Regular Meeting of 05/22/13 372 Christopher E. Collins Aye Charles S. DeHaven, Jr. Aye Robert A. Hess Aye Gene E. Fisher Aye Gary A. Lofton Aye ** *Information Only * ** 1. The Finance Director provides a Fund 10 Transfer report for April 2013. See attached, p. 32. 2. The Finance Director provides 4/30/13 financial statements. See attached, p. 33 -43. 3. The Finance Director provides 5119/13 General Fund fund balance report. See attached, p. 44. TRANSPORTATION COMMITTEE REPORT — APPROVED UNDER CONSENT AGENDA The Transportation Committee met on April 22, 2013 at 8:30 a.m. Members Present Chuck DeHaven (voting) Gene Fisher (voting) Christopher Collins (voting) James Racey (voting) Bryon Grigsby (voting) Gary Oates (liaison PC) Lewis Boyer (liaison Stephens City) Members Absent Mark Davis (liaison Middletown) ** *Items Requiring Action * ** None ** *Items Not Requiring Action * ** 1. Interstate, Primary, and Secondary Road Plan Updates The Committee reviewed this item and has recommended approval to the Board of Supervisors. This will appear as an independent item on the Board agenda because it is a public hearing item. 2. Wakeland Manor Sign Request The County Administrator's office has forwarded a request from the Wakeland Manor Home Owners' Association for Children at Play signs in their neighborhood. A total of ten signs are requested. Under VDOT's new policy, these signs would be installed and maintained by Frederick County. Cost is expected to be $300 -$400 per sign. As the Committee considers this request, staff would note that Children at Play signs in residential areas are most appropriate around recreation areas, as opposed to more general coverage. The Committee reviewed this item and had concerns regarding placement and volume of signs. In addition, due to the fact that the County would be responsible for installation and maintenance, they have asked staff to come up with a review process and fee structure for dealing with these requests and their associated costs. 3. No Parking Request in Redbud Run Mr. Robert Pageant of the Red Bud Run Subdivision has contacted VDOT and staff to Minute Book Number 38 Board of Supervisors Regular Meeting of 05/22113 373 request that no parking be allowed in the vicinity of the following intersections. Morlyn Drive and Morgan Mill Road MacKenzie Lane and Woods Mill Road The roadways in question are public streets and, should the County request a parking restriction, VDOT will consider it. The Committee considered this item and determined that they did not feel a recommendation that the Board request a parking restriction of VDOT was warranted. 4. Apple Pie Ridge Road Mr. Greg Hewitt has contacted staff regarding speed limits on Apple Pie Ridge Road. His concern is with the differing speed limits for trucks and passenger vehicles. He feels that the discrepancy creates driver frustration on the part of the passenger vehicle and leads to unsafe passing and accidents. He is particularly concerned by the number of drivers that are teenagers, due to the close proximity of James Wood High School. Staff would note that VDOT has recently conducted a speed study and enacted speed limit changes along Apple Pie Ridge Road. If changes were enacted to eliminate the difference in speeds, it would likely be to lower the overall limit to the current truck limit. The Committee reviewed this item. The discussion noted that conversations were had with VDOT at the time the speed limits were adjusted. The Committee determined that further interaction with VDOT regarding the speeds on this roadway was not warranted at this time. PLANNING COMMISSION BUSINESS PUBLIC HEARING - DRAFT UPDATE OF THE 2013 -2014 FREDERICK COUNTY PRIMARY AND INTERSTATE ROAD IMPROVEMENT PLANS — THE PRIMARY AND INTERSTATE IMPROVEMENT PLANS ESTABLISH PRIORITIES FOR IMPROVEMENTS TO THE PRIMARY AND INTERSTATE ROAD NETWORKS WITHIN FREDERICK COUNTY. COMMENTS FROM THE TRANSPORTATION COMMITTEE WILL BE FORWARDED TO THE PLANNING COMMISSION AND BOARD OF SUPERVISORS. ULTIMATELY THE PRIORITIES ADOPTED BY THE BOARD OF SUPERVISORS WILL BE FORWARDED TO THE COMMONWEALTH TRANSPORTATION BOARD FOR CONSIDERATION. THE VIRGINIA DEPARTMENT OF TRANSPORTATION AND THE BOARD OF SUPERVISORS FOR THE COUNTY OF FREDERICK VIRGINIA IN ACCORDANCE WITH SECTION 33.1 -70.01 OF THE CODE OF VIRGTNL4 WILL CONDUCT A JOINT PUBLI C HEARING. THE PURPOSE OF THIS PUBLIC HEARING IS TO RECEIVE PUBLIC COMMENT ON THE PROPOSED SECONDARY ROAD IMPROVEMENT PLAN FOR FISCAL YEARS 2014 THROUGH 2019 IN FREDERICK COUNTY AND ON THE SECONDARY ROAD SYSTEM CONSTRUCTION BUDGET FOR FISCAL YEAR 2014. COPIES OF THE PROPOSED PLAN AND BUDGET MAY BE REVIEWED AT THE EDINBURG OFFICE OF THE VIRGINIA DEPARTMENT OF TRANSPORTATION LOCATED AT 14031 OLD VALLEY PIKE EDINBURG. VIRGINIA OR AT THE FREDERICK COUNTY OFFICES LOCATED AT 107 NORTH KENT STREET WINCHESTER VIRGINIA. ALL PROJECTS IN THE SECONDARY ROAD IMPROVEMENT PLAN THAT ARE ELIGIBLE FOR FEDERAL FUNDS WILL BE INCLUDED IN THE STATEWIDE TRANSPORTATION IMPROVEMENT PLAN STIP WHICH DOCUMENTS HOW VIRGINIA WILL OBLIGATE FEDERAL TRANSPORTATION FUNDS. PERSONS REQUIRING SPECIAL ASSISTANCE TO ATTEND AND PARTICIPATE IN THIS HEARING SHOULD CONTACT THE VIRGINIA DEPARTMENT OF TRANSPORTATION AT 1- 800 - 367 -7623. — (RESOLUTION #'S 055-13,056-13 AND 057 -13) - APPROVED Minute Book Number 38 Board of Supervisors Regular Meeting of 05/22/13 374 Deputy Director of Planning — Transportation John Bishop appeared before the Board regarding this item. He advised this was the annual update to the Interstate, Primary, and Secondary Road Plans. He noted the Board is only required to adopt the Secondary Road Plan; however, they may choose to adopt the Primary and Interstate plans as well. With regard to the Interstate Plan, there have been few changes since last year. The priorities were as follows: - Exit 310 improvements; - Relocation of 307 interchange; and - Widening of I -81. Route 37 remains the number one priority for the Primary Plan. Deputy Director Bishop briefly reviewed the Secondary and Hardsurface Road projects. With regard to hard surface, he noted the priorities were as follows: - Woodside Road - Warm Springs Road; - Woodside Road; - Wright Road; - Carters Lane; - Pack Horse Road; and - Laurel Grove. He noted General Assembly action created more funds for hardsurface projects; however, a minimum trip requirement was added to the criteria. He went on to say the County had to deviate from its existing policy because of this new State Code requirement. He concluded by saying there were 21 projects on the unscheduled list. Supervisor Lofton asked if VDOT would consider an intermediate set between gravel and pavement, which would maximize the available dollars. Deputy Director Bishop responded that VDOT has the rural rustic designation, but he did not know if the option proposed had been considered by VDOT or was allowed. Supervisor Hess asked about Woods Mill Road being out of order. Deputy Director Bishop responded that if staff has direction from the Board then it would be promoted to first. Supervisor Hess noted the majority of the rural rustic roads are contained in the Gainesboro and Back Creek Districts, but only two of those being rescheduled are from Gainesboro. He went on to say 11 are on the unscheduled list. He noted that a constituent had contacted him to advise that VDOT comes out to his road twice a year to grade, clear culverts, etc. The individual felt so much money is spent on grading and clearing that hard surfacing would be a better solution. Minute Book Number 38 Board of Supervisors Regular Meeting of 05/22/13 375 Vice- Chairman Ewing asked if the changes in the rankings list were made because VDOT changed the criteria regarding traffic count. Deputy Director Bishop stated all of the roads were still ranked, but some were skipped over because they did not meet the 200 vehicle trip count established by the General Assembly. Vice - Chairman Ewing stated "we need to have our State representatives review this." Chairman Shickle asked about right of way acquisition for future projects. Deputy Director Bishop responded we formerly had an extensive acquisition list, but now most of the rights of way are prescriptive. He concluded by saying VDOT maintains the list, not Frederick County. Chairman Shickle convened the public hearing. Jay Marts, Gainesboro District, read the following statement: "Chairman Shickle, Members of the Board, Administrator Riley: I was able to review the Transportation Plans on the agenda for this evening's meeting. While all of us are paying higher Property Taxes in the County, we will very soon be feeling the sting of the General Assembly Transportation Tax. One of the largest Tax increases in Virginia History pushed thru in large part by Frederick County Delegate Beverly Sherwood. In the aggregate, very few of these dollars will make it back to our County. However, I do believe our Transportation Committee & Planning Commission did good work in updating the Secondary Road Improvement Plan. I especially appreciate the objective criteria laid out in the Road Improvement Rating System Policy & your adherence to this. My initial concern was how public safety considerations are incorporated into the planning. I was glad to see the category of accidents included in the criteria. We all drive by small crosses on roads every day. Our transportation planning process should always strive to reduce them. While there have been no deaths on my immediate neighborhood secondary roads we have had several accidents on Warm Springs Road. I was glad to see it on the list but wonder if it is paved, if more folks won't drive faster. WHO KNOWS I also see that School bus travel is a criteria. This is another important aspect in planning & thank the committee for including it. I appreciate the work that went into this update & especially how quickly it was accomplished. Thank you for the opportunity to address the board. " He also thanked Deputy Director Bishop for his work on the plan There being no further comments, Chairman Shickle closed the public hearing. RESOLUTION ( #055 -13) 2013 -2014 INTERSTATE ROAD IMPROVEMENT PLAN WHEREAS, Sections 33.1 -23 and 33.1 -23.4 of the 1950 Code of Virginia, as amended, provides the opportunity for each county to work with the Virginia Department of Transportation in developing a Six -Year Road Plan; and, WHEREAS, the Frederick County Transportation Committee recommended approval of this plan on April 22, 2013; and, Minute Book dumber 38 Board of Supervisors Regular Meeting of 05122/13 376 WHEREAS, the Frederick County Planning Commission held a public hearing and recommended approval of this plan at their meeting on May 15, 2013; and, WHEREAS, the Frederick County Board of Supervisors had previously agreed to assist in the preparation of this plan in accordance with the Virginia Department of Transportation's policies and procedures and participated in a public hearing on the proposed Plan, after being duly advertised so that all citizens of the County had the opportunity to participate in said hearing and to make comments and recommendations concerning the proposed Plan and Priority List; and, WHEREAS, a representative of the Virginia Department of Transportation appeared before the Board during the public hearing and recommended approval of the 2013 — 2014 Interstate Road Improvement Plan and the Construction Priority List; and, WHEREAS, the Frederick County Board of Supervisors support the priorities of the interstate road improvement projects for programming by the Commonwealth Transportation Board and the Virginia Department of Transportation; NOW, THEREFORE, BE IT ORDAINED by the Frederick County Board of Supervisors as follows; The 2013 -2014 Interstate Road Improvement Plan appears to be in the best interest of the citizens of Frederick County and the Interstate Road System in Frederick County; and therefore, the Frederick County Board of Supervisors hereby approves the 2013 -2014 Interstate Road Improvement Plan and Construction Priority List for Frederick County, Virginia as presented at the public hearing held on May 22, 2013. RESOLUTION ( #056 -13) 2013 -2014 PRIMARY ROADIMPROVEMENT PLAN WHEREAS, Sections 33.1 -23 and 33.1 -23.4 of the 1950 Code of Virginia, as amended, provides the opportunity for each county to work with the Virginia Department of Transportation in developing a Six -Year Road Plan, and; WHEREAS, the Frederick County Transportation Committee recommended approval of this plan on April 22, 2013; and, WHEREAS, the Frederick County Planning Commission held a public hearing and recommended approval of this plan at their meeting on May 15, 2013; and, WHEREAS, the Frederick County Board of Supervisors had previously agreed to assist in the preparation of this plan in accordance with the Virginia Department of Transportation's policies and procedures and participated in a public hearing on the proposed Plan, after being duly advertised so that all citizens of the County had the opportunity to participate in said hearing and to make comments and recommendations concerning the proposed Plan and Priority List; and, WHEREAS, a representative of the Virginia Department of Transportation appeared before the Board during the public hearing and recommended approval of the 2013 — 2014 Primary Road Improvement Plan and the Construction Priority List; and, WHEREAS, the Frederick County Board of Supervisors support the priorities of the primary road improvement projects for programming by the Commonwealth Transportation Board and the Virginia Department of Transportation; NOW, THEREFORE, BE IT ORDAINED by the Frederick County Board of Supervisors as follows: The 2013 -2014 Primary Road Improvement Plan appears to be in the best interest of the citizens of Frederick County and the Primary Road System in Frederick County; and therefore, Minute Book Number 38 Board of Sopervisors Regular Meeting of 05/22/13 377 the Frederick County Board of Supervisors hereby approves the 2013 -2014 Primary Road Improvement Plan and Construction Priority List for Frederick County, Virginia as presented at the public hearing held on May 22, 2013. RESOLUTION ( #057 -13) 2013 -2014 SECONDARY ROAD IMPROVEMENT PLAN WHEREAS, Sections 33.1 -23 and 33.1 -23.4 of the 1950 Code of Virginia, as amended, provides the opportunity for each county to work with the Virginia Department of Transportation in developing a Six -Year Road Plan; and, WHEREAS, the Frederick County Transportation Committee recommended approval of this plan on April 22, 2013; and, WHEREAS, the Frederick County Planning Commission held a public hearing and recommended approval of this plan at their meeting on May 15, 2013; and, WHEREAS, the Frederick County Board of Supervisors had previously agreed to assist in the preparation of this plan in accordance with the Virginia Department of Transportation's policies and procedures and participated in a public hearing on the proposed Plan, after being duly advertised so that all citizens of the County had the opportunity to participate in said hearing and to make comments and recommendations concerning the proposed Plan and Priority List; and, WHEREAS, a representative of the Virginia Department of Transportation appeared before the Board during the public hearing and recommended approval of the 2013 — 2014 Secondary Road Improvement Plan and the Construction Priority List; and, WHEREAS, the Frederick County Board of Supervisors support the priorities of the secondary road improvement projects for programming by the Commonwealth Transportation Board and the Virginia Department of Transportation; NOW, THEREFORE, BE IT ORDAINED by the Frederick County Board of Supervisors as follows: The 2013 -2014 Secondary Road Improvement Plan appears to be in the best interest of the citizens of Frederick County and the Secondary Road System in Frederick County; and therefore, the Frederick County Board of Supervisors hereby approves the 2013 -2014 Secondary Road Improvement Plan and Construction Priority List for Frederick County, Virginia as presented at the public hearing held on May 22, 2013. Upon a motion by Supervisor DeHaven, seconded by Supervisor Fisher, the Board approved the updates to the 2013 -2014 Interstate, Primary, and Secondary Road Plans. 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 Vice - Chairman Ewing stated the Board needed to have its State representatives review the criteria change. Supervisor DeHaven noted a lot of rural localities probably had roads that could not reach Minute Book Number 38 Board of Supervisors Regular Meeting of 05/22/13 378 the 200 vehicle trip threshold. Upon a motion by Vice- Chairman Ewing, seconded by Supervisor DeHaven, the Board directed the county administrator to draft a letter for the chairman's signature requesting our senator and delegates revisit/reconsider the changes to the criteria concerning unpaved roads. 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 Supervisor Lofton noted that he and Vice - Chairman Ewing had been working with the Town of Middletown regarding the proposed boundary line adjustment. He went on to say this process has drug on because of resignations, opposition, and elections. He stated he would like to see the town council unified in its decision to pursue the boundary line adjustment. Supervisor Lofton moved to cease negotiations with the Town of Middletown until the Board sees that dialogue regarding this topic will be productive. The motion was seconded by Vice- Chairman Ewing. Chairman Shickle asked for clarification as to what the Board wanted the Town to do regarding this topic. He asked if it would be sufficient for the Town to provide the Board with a resolution. Supervisor Lofton stated a resolution from the Town Council recommending that negotiations should continue and why would be sufficient. Vice - Chairman Ewing agreed that any request from the Town should come back to the full board to see if it should move forward.. Supervisor Lofton and Vice - Chairman Ewing withdrew the motion and second. Upon a motion by Supervisor Lofton, seconded by Vice- Chairman Ewing, the Board directed the County Administrator to draft a letter to the Town seeking the Council's position regarding the furtherance of discussions of the proposed boundary line adjustment. 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 Minute Book Number 38 Board of Supervisors Regular Meeting of 05/22/13 379 Robert A. Hess Aye Gene E. Fisher Aye Gary A. Lofton Aye CITIZEN COMMENTS Charlie Gardner, Stonewall District, stated that since August 2012 he had been contacting John Trenary, Mark Cheran, and the Health Department regarding the property located next door to him. He stated a "gentleman" has been living in the garage for some time. Mr. Gardner stated county staff only comes by during work hours to check on this issue and they were told this person does projects for the owner at night. He went on to say he was exhausted as to what to do. He noted he would be speaking with Commonwealth's Attorney Ross Spicer next Wednesday. He concluded by saying the garage is not permitted for someone to live in and he needs the Board to help him with this. Chairman Shickle advised that Administrator Riley would give a staff report to the Board and would follow up. Bill Dodson, Opequon District, thanked Supervisor Ewing for being a fine Supervisor for the Opequon District. He thanked him for the excellent job all of these years. He went on to say they had debated each other on many issues regarding the county and state and found that you do not have to be disagreeable to disagree. BOARD OF SUPERVISORS COMMENTS Supervisor Lofton thanked Supervisor Ewing for his service to the Board of Supervisors and the citizens of Frederick County. Through his conduct, demeanor, and execution of duties, the citizens could not have been better served. He concluded by thanking Supervisor Ewing for mentoring him during his early years on the Board. Supervisor DeHaven stated it was an honor and a privilege to serve with Supervisor Ewing. He went on to say the citizens and the Board have been well served. Supervisor Fisher thanked Supervisor Ewing for his service. Supervisor Collins expressed the same sentiments. He went on to say it was good to have Supervisor Ewing show him the way and he will be missed. Supervisor Hess stated he had been impressed watching Supervisor Ewing handle himself on the Board. He appreciated his attention to detail and noted Supervisor Ewing had been a real help to him. Chairman Shickle stated he had asked. Supervisor Ewing to provide leadership and Minute Book Number 38 Board of supervisors Regular Meeting of 05/22/13 s� establish vision and direction on the Finance Committee and he had done just that. He noted that he would be losing a friend on the Board and wished him the best. Vice - Chairman Ewing expressed appreciation for the comments. He thanked Administrator Riley and county staff for their assistance over the years and their work on the budget. He appreciated the support shown by the other members of the Board. He thanked the citizens of the Opequon District for their support and confidence. He thanked his wife Jeanette for her support during his nine and a half years on the Board. He concluded by challenging the Board to move the County offices into the county, if the PPEA proposal is found to be financially feasible. 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. (8:27 P.M.) Richard C. Shickle Chairman, Board of Supervisors #iley, Jr. Xrk, Board of Supervisors Minutes Prepared By: `UX Jay E. Tibbs Deputy Clerk, Board of Supervisors Minute Book Number 38 Board of Supervisors Regular Meeting of 05/22/13