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June 12 2013 Regular Meeting MinutesI f 381 A Regular Meeting of the Frederick County Board of Supervisors was held on Wednesday, June 12, 2013, at 7:00 P.M., in the Board of Supervisors' Meeting Raom, County Administration Building, 107 North Kent Street, Winchester, Virginia. PRESENT Chairman Richard C. Shickie; Charles S. DeHaven, Jr.; Gene E. Fisher; Robert A. Hess; and Gary A. Lofton. ABSENT Christopher`E. Collins (Arrived at 7:17 P.M.). CALL TO ORDER Chairman Shickle called the.meeting to order. INVOCATION Supervisor Fisher delivered the invocation. PLEDGE OF ALLEGIANCE Supervisor DeHaven led the Pledge of Allegiance. ADOPTION OF AGENDA -- APPROVED AS AMENDED County Administrator John R. Riley, Jr. advised he had twa additions to the agenda. He added the election of avice- chairman as item number 5 under County Officials and a Resolution of Appreciation for Supervisor Bill M. Ewing as item number &under County Officials. Upan a motion by Supervisor DeHaven, seconded by Supervisor Lofton, the Board approved the agenda by the following recorded vote: Richard C. Shickle Aye Christopher E. Collins Absent Charles S. DeHaven, Jr. Aye Robert A. Hess Aye Gene E. Fisher Aye Gary A. Loftan Aye Opequon District Vacant CONSENT AGENDA - APPROVED Administrator Riley offered the following item for the Board's consideration under the consent agenda: - Parks &Recreation Commission Report —Tab F; - Public Warks Committee Report —Tab G; - Road Resolution — Southern Hills Sticicley Drive Extension —Tab N; and - Resolution of Appreciation for Bill M. Ewing, Opequon District Supervisor. Minute Book Number 38 Board of Supervisors Regular Meeting of 06/12/13 • Upon a motion by Supervisor Hess, seconded by Supervisor Fisher, the Board approved the consent agenda by the following recorded vote: Richard C. Shickle Aye Christopher E. Collins Absent Charles S. DeHaven, Jr. Aye Robert A. Hess Aye Gene E. Fisher Aye Gary A. Lofton Aye Opequon District Vacant CITIZEN COMMENTS J'ay Marts, Gainesboro District, read the following remarks: "Chairman Shickle, Members of the Board, Administrator Riley: I listened to c�Z then read the Finance Committee meeting minutes discussion of Outside Agency Contribution. Discretionary &Nnn- Discretionary spending on these agencies was $1.9M & is proposed to increase $2. IM. I was glad to see this action was not "rubber- stamped" by the Board. Also, I recall correctly our County Budget was amended in late 2012 to increase our Property Tax rate by 4 cents per $100. This was to generate $3M to pay for a State mandated 5% salary increase for all government employees. The Board of Supervisors increased pay to also cover any additional taxes the employees would incur ( "Make Whole "). No cuts were considered. Also, I spoke before this board last November about the use of the $13.2M Budget Surplus &your decision on how to spend it. No discussion on reducing our taxes. This Board works hard for the community & I truly appreciate the County posting the 270 page documents for public neview prior to every one of these meetings. Transparency is a good thing!! However as I review these pages before each meeting I only see proposals for increased spending &expansion of government. Most all of us just sent a cheek to the County for Personal Property. I was reminded only yesterday during the Primary election at my local polling place by a young family about the County Property Tax increase and how in 19 days we will all begin bearing the burden of higher taxes Pram the General Assembly Transportation Tax. I believe these concerns resulted in some change. Please keep this in mind as you consider Outside Agency Contributions. A new County Administration Building. Public Safety Committee concerns for Fire &Rescue salary increases. Please keep in mind the burden on the taxpayer. Thank you for the opportunity to address the board. " BOARD OF SUPERVISORS COMMENTS There were no Board of Supervisors' comments. MINUTES — APPROVED Upon a motion by Supervisor Fisher, seconded by Supervisor Hess, the Board approved Minute Book Number 38 Board of Supervisors Regular Meeting of 06/12/13 383 the minutes from the May 22, 2013 regular meeting. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Christopher E. Collins Absent Charles S. DeHaven, Jr.. Aye Robert A. Hess Aye Gene E. Fisher Aye Gary A. Lofton Aye Opequon District Vacant COUNTY OFFICIALS EMPLOYEE OF THE MONTH — RESOLUTION #'S 058 -13 AND 059 -13 APPROVED CORY R. SMITH FOR MAY 2013 AND JONATHAN M. TURKEL FOR JUNE 2013 Upon a motion by Supervisor Lofton, seconded by Supervisor Fisher, the Board approved Cory R. Smith as Employee of the Month for May 2013 and Jonathan M. Turkel as Employee of the Month for June 2013. EMPLOYEE OF THE MONTH —CORY R. SMITH MAY 2013 RESOLUTION #058 -13 WHEREAS, the Frederick County Board of Supervisors recognizes that the County's employees are a most important resource; and WHEREAS, on September 9, 1992, the Board of Supervisors approved a resolution which established the Employee of the Month award and candidates for the award may be nominated by any County employee; and WHEREAS, Cary R. Smith who serves the Frederick County Parks and Recreation Department was nominated for Employee of the Month; and WHEREAS, Cory R. Smith is being awarded for his loyalty and commitment to his position as Sherando Park Manager. Cory Ied the Parks and Recreation Department's development of a new park facility at Sherando Park. After months of researching standards on trail design, maintenance, and risk management, the project for a new trail began in August 2012. Cory led a group of twenty -six volunteers in twelve Thursday night work session to complete the construction of a half mile section of the new trail. Cory's commitment to the leadership of this project has provided the residents of Frederick County with another quality recreation facility that of#'icially opened March 2013. Cory is to be commended for his initiative and dedication NOW, THEREFORE, BE IT RESOLVED by the Frederick County Board of Supervisors this 12�' day of June, 2013 that Cary R. Smith is hereby recognized as the Frederick County Employee of the Month far May 2013; and BE IT FURTHER RESOLVED that the Board of Supervisors extends its gratitude to Cory R. Smith for his outstanding performance and dedicated service and wishes him continued success in future endeavors; and BE IT FURTHER RESOLVED that Cory R. Smith is hereby entitled to all of the rights and privileges associated with this award. ADOPTED June 12, 2013 Minute Book Number 38 Board of Supervisors Regular Meeting of 06/12/13 EMPLOYEE OF THE MONTH — JONATHAN M. TURKEL JUNE 2013 RESOLUTION #059 -13 WHEREAS, the Frederick County Board of Supervisors recognizes that the County's employees are a most important resource; and WHEREAS, on September 9, 1992, the Board of Supervisors approved a resolution which established the Employee of the Month award and candidates for the award may be nominated by any County employee; and WHEREAS, Jonathan M. Turkel who serves the Frederick County Parks and Recreation Department was nominated for Employee of the Month; and _ WHEREAS, Jonathan M. Turkel is being awarded for his loyalty and commitment io his position as Parks and Stewardship Planner. Jonathan led the Parks and Recreation Department's development of a new park facility at Sherando Paxk. After months of researching standards on trail design, maintenance, and risk management, the project for a new trail began in August 2012. Jonathan led a group of twenty -six volunteers in twelve Thursday night work session to complete the construction of a half mile section of the new trail. Jonathan's commitment to the leadership of this project has provided the residents of Frederick County with another quality recreation facility that officially opened March 2013. Jonathan is to be commended for his initiative and dedication. NOW, THEREFORE, BE IT RESOLVED by the Frederick County Board of Supervisors this 12'� day of June, 2013 that Jonathan M. Turkel is hereby recognized as the Frederick County Employee of the Month for June 2013; and BE IT FURTHER RESOLVED that the Board of Supervisors extends its gratitude to Jonathan M. Turkel for his outstanding performance and' dedicated service and wishes him continued success in future endeavors; and BE IT FURTHER RESOLVED that Jonathan M: Turkel is hereby entitled to all of the rights and privileges associated with this award.. ADOPTED June I2, 2013. The above resolutions were approved by the fallowing recorded vote; Richard C. Shickle Aye Christopher E. Collins Absent Charles S. DeHaven, Jr. Aye Robert A. Hess Aye Gene E. Fisher Aye Gary A. Lofton � Aye Opequon District Vacant COMMITTEE APPOINTMENTS APPOINTMENT OF DAVID O'NEILL AS GAINESBORO DISTRICT REPRESENTATIVE TO THE HISTORIC RESOURCES ADVISORY BOARD - APPROVED Upon a motion by Supervisor Hess, seconded by Supervisor DeHaven, the Board appointed David O'Neill as the Gainesboro District representative to the Historic Resources Advisory Board. This is a four year appointment, said term to expire June 12, 2017. The above motion was approved by the following recorded vote: Minute Sook Number 38 Board of Supervisors Regular Meeting of 06112f13 3�5 Richard C. Shickle Aye Christopher E. Collins Absent Charles S. DeHaven, Jr. Aye Robert A. Hess Aye Gene E. Fisher Aye Gary A. Lofton Aye Opequon District Vacant APPOINTMENT OF J. RHODES MARSTON AS BACK CREEK REPRESENTATIVE TO THE PLANNING COMMISSION - APPROVED Upon a motion by Supervisor Lofton, seconded by Supervisor Fisher, the Board appointed J. Rhodes Marston as Back Creek representative to the Planning Commission. This is a four year appointment, said term to expire June 12, 2017. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Christopher E. Collins Absent Charles S. DeHaven, Jr. Aye Robert A. Hess Aye Gene E. Fisher Aye Gary A. Lofton Aye Opequon District Vacant APPOINTMENT OF THOMAS P. REED TO FILL THE UNEXPIRED TERM OF DAVID M. ZIEGLER AS FREDERICK COUNTY REPRESENTATIVE TO THE SHENANDOAH AREA AGENCY ON AGING - APPROVED Upon a motion by Supervisor Lofton, seconded by Supervisor Hess, the Board appointed Thomas P. Reed to fill the unexpired term of David Ziegler as Frederick County representative to the Shenandoah Area Agency on Aging, said term to expire September 30, 2014. The above motion was appz�oved by the following recorded vote: Richard C. Shickle Aye Christopher E. Collins Absent Charles S. DeHaven, Jr. Aye Robert A. Hess Aye Gene, E. Fisher Aye Gary A. Lofton Aye Opequon District Vacant APPOINTMENT OF FRANK HEISEY AS GAINESBORO DISTRICT REPRESENTATIVE TO THE SOCIAL SERVICES BOARD - APPROVED Upon a motion by Supervisor Hess, seconded by Supervisor Fisher, the Board appointed Frank Heisey as Gainesboro District representative to the Social Services Board. This is a four year appointment, said term to expire June 30, 2017. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Christopher E. Collins Absent Charles S. DeHaven, Jr. Aye Minute Book Number 38 Board of Supervisors Regular Meeting of 06/12/13 ii Robert A. Hess Aye Gene E. Fisher Aye Gary A. Lofton Aye Opequon District Vacant REQUEST FROM COMMISSIONER OF TIIE REVENUE FOR REFUNDS APPROVED _ � �.� - - - - -- Administrator Riley advised this was a request from the Commissioner of the Revenue to authorize the Treasurer to refund Executive Protection Systems the amount of $15,330.92. This amount is fox an adjustment to business equipment filings far 2012. The cozxapany filed a composite report. Later, upon filing a detailed listing, it was determined that certain assets were intangible and could nat be taxed. Upon a motion by Supervisor DeHaven, seconded by Supervisor Lofton, the Board approved the above request by the following recorded vote: Richard C. Shickle Aye Christopher E. Collins Absent Charles S. DeHaven, Jr. Aye Robert A. Hess Aye Gene E. Fisher Aye Gary A. Lofton Aye Opequon District Vacant Administrator Riley advised this was a request from the Commissioner of the Revenue io authorize the Treasurer to refund Penske Truck Leasing Co. the amount of $13,417.80. This amount is for praratian or exoneration of vehicle and registration fees in the normal course business for 2012. Upon a motion by Supervisor Fisher, seconded by Supervisor Hess, the Board approved J the above request by the following recorded vote: Richard C. Shickle Aye Christopher E. Collins Absent Charles S. DeHaven, Jr. Aye Robert A. Hess Aye Gene E. Fisher -Aye Gary A. Lofton Aye Opequon District Vacant NAVY FEDERAL CREDIT UNION RESOLUTION ( #060 -13} AND PERFORMANCE AGREEMENT - APPROVED Administrator Riley advised this was a request for the Board to approve the resolution and performance agreement and appropriate $250,000 to match the Governor's Opportunity Fund to provide for the Navy Federal Credit Union expansion. The proposed expansion. will cost � $20 million and will create 400 jobs. Minute Book Number 38 Board of Supervisors Regular Meetiug of ©6112/13 387 Supervisor Hess noted the date of adoption needed to be changed from 2012 to 2013, Upon a motion by Supervisor DeHaven, seconded by Supervisor Hess, the Board approved the resolution regarding Navy Federal Credit Union. WHEREAS, NAVY FEDERAL CREDIT UNION has made known its intent 'to expand its operation by making new taxable real estate and personal property investments and retain and create j obs; and WHEREAS, the company meets the policy guidelines of the Frederick County Economic Development Incentives Policy as established by the Winchester - Frederick County Economic Development Commission in 1995; BE IT RESOLVED, that the Board of Supervisors for the County of Frederick, Virginia, does hereby approve and appropriate the payment of $250,000.00 as stated in the executed Performance Agreement to the Industrial Development Authority of .Frederick County, Virginia from the Frederick County's Fund Balance to assist in expanding the operation for NAVY FEDERAL CREDIT UNION in Frederick County, Virginia, BE IT RESOLVED, that said funds are subject to an executed Performance Agreement outlining the required performance criteria. BE IT FURTHER RESOLVED, that the Board of Supervisors for the County of Frederick, Virginia, does authorize the County Administrator to execute the Performance Agreement on its behalf. ADOPTED, this 12th day of June 2013. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Christopher E. Collins Absent Charles S. DeHaven, Jr. Aye Robert A. Hess Aye Gene E. Fisher Aye Gary A. Lofton Aye Opequon District Vacant ELECTION OF VICE - CHAIRMAN — CHARLES S. DEHAVEN JR. ELECTED Supervisor Lofton nominated Supervisor DeHaven for the office of Vice - Chairman. The nomination was seconded by Supervisor Fisher. Upon a motion by Supervisor Lofton, seconded by Supervisor Hess, the Board closed the nominations. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Christopher E. Collins Absent Charles S. DeHaven, Jr. Abstain Robert A. Hess Aye Gene E. Fisher Aye Gary A. Lofton Aye Opequon District Vacant The motion to approve Charles S. DeHaven Jr. as Vice - Chairman was approved by the following recorded vote: Minute Book Number 38 Board of Supervisors Regular Meeting of 06/12/13 Richard C. Shickle Aye Christopher E. Collins Absent Charles S. DeHaven, Jr. Abstain Robert A. Hess Aye Gene E. Fisher Aye Gary A. Lofton Aye Opequon District Vacant RESOLUTION #064 -13 OF APPRECIATION - SUPERVISOR SILL M. EWING OPE UON DISTRICT FREDERICK COUNTY VIRGINIA — APPROVED UNDER CONSENT AGENDA WHEREAS, Bill M. Ewing served the citizens of Frederick County, Virginia, for over nine (9) years as Opequon District representative to the Board of Supervisors; and_ WHEREAS, Supervisor Ewing served as Vice_ Chairman in 2006 and 2009 through May 2413; and WHEREAS, during his tenure he held seats on numerous committees, including that of chairman of the Finance Committee (2005 -2D13) and a member of Public Safety Committee (2004), Regional Water Resources Advisory Committee (2004 }, Code &Ordinance Committee (2004 -2007 and 2012 - 2013 }, Transportation Committee (2005), Human Resources Committee {2008- 2013), Technology Committee (2012- 2013), Northwestern Regional Jail Authority {2004- 2013}, Stephens City Joint Land Use Committee (2008 }, Consolidation Steering Committee (2009), Downtown Development Board (2005 - 2008), Handley Regional Library Board {2006- 2013), and Joint Finance Committee (2D05 -2013) ;and WHEREAS, Supervisor Ewing was a tireless worker far not only the constituents in his district, but far all of the citizens of Frederick County; and WHEREAS, this Board will always consider Supervisor Ewing a colleague and friend. NOW, THEREFORE BE IT RESOLVED, that the Frederick County Board of Supervisors extends its sincerest thanks to Supervisor Bill M. Ewing and wishes him all of the best in his future endeavors. BE IT FURTHER RESOLVED, that this resolution be spread across the minutes of the Frederick County Board of Supervisors for all citizens to reflect upon the accomplishments of this citizen legislator. ADOPTED This 12th day of June, 2012. COMMITTEE REPORTS PARKS AND RECREATION COMMISSION REPORT — APPROVED UNDER CONSENT AGENDA The Parks and Recreation Commission met on May 14, 2013. Members present were: Marty Cybulski, Charles Sandy, Jr., Ronald Madagan, Greg Bondos, Kevin Anderson, and Gary Longerbeam. Members absent were: Ron Hodgson, Patrick Anderson, and Christopher Collins. 1. None. Items Requiring Board of Supervisors Action Submitted for Board Information Only 1. Recreation Reserve Fund Policy — Mr. Sandy moved to approve the Recreation Reserve Fund Policy as submitted, second by Mr. Madagan, motion carried unanimously (6 -0), The Recreation Reserve Fund Policy will be forwarded to the Finance Committee. 2. Mountain Bike Trail Expansion — The Buildings and Grounds Committee Minute Book 1Vumber 38 Board of Supervisors Regular Meeting ol'D6112113 i �` recommended the expansion of the Mountain Bike Trail at Sherando Park, second by Mr. Sandy, motion carried unanimously {6 -0 }. Please find attached a map of the Mountain Bike Trail. 3. Cosponsor Fee Waiver —The Finance Committee of the Parks and Recreation Commission met and discussed increasing the game rate fee waiver formula for organizations using baseball and softball fields by $7.00 to include 1rghts. Mr. Sandy moved to postpone the decision until a future meeting, second by Mr. Longerbeam, motion carried unanimously (6 -0). �1. Mission and Vision Statements —The Public Relations Committee recommended to approve the Mission and Vision Statements, but there was no second. Mr. Kevin Anderson moved to send the information back to staff for their feedback and postpone approving the Mission and Vision Statement until a future meeting, second by Mx. Sandy, motion carried unanimously {6 -0 }. PUBLIC WORKS COMMITTEE REPORT — APPROVED UNDER CONSENT AGENDA The Public Works and Green Advisory Committees met on Tuesday, May 28, 2013, at 8:00 a.m. All members were present. The following items were discussed: ** *Items Not Requiring Action * ** I. Design of New Round Hill Fire and Rescue Station and Associated Social Hall Staff presented the results of the recently completed programming phase of the new Round Hill Fire and Rescue Station and associated Social Hall. The new programming evaluation indicated that the social hall would require approximately 9,800 square feet to accommodate the proposed uses. This amount compares favorably to the 9,600 square feet which was derived from a similar needs assessment performed approximately seven (7} years ago and included in the recent Request for Proposal (RFP) for design services. The programming evaluation for the fire and rescue station yielded an area of approximately 16,400 square feet which exceeded the area of 14,000 square feet included in our recent RFP. The disparity in sizes was the result of increasing the three {3) apparatus bays from 70 feet to 80 feet to accommodate larger equipment and the addition of a hose tower. The committee believed these additions were justified. The architect/engineer will be instructed to proceed with the concept design plans which will be presented to the committee at their next scheduled meeting. (Attachment 1) 2. Stormwater Program Subcommittee Update Staff indicated that the Stormwater subcommittee had completed a first draft of a model ordinance that combines our existing erosion and sediment control ordinance and the new Stormwater regulations promulgated by the Commonwealth of Virginia. Staff plans to prepare a final draft of this new ordinance for presentation and review by the subcommittee by the end of June 2013. 3. Completion of Lake Holiday Spillway Upgrade The Lake Holiday spillway project has reached substantial completion. As a result, the lake level has returned to the original normal pool elevation of 820. The project was completed on schedule and below budget. 4. Miscellaneous Reports a} Tonnage Report (Attachment 2) b) Recycling Report (Attachment 3} c) Animal Shelter Dog Report {Attachment 4) Minute Book Number 38 Board of Supervisors Regular Meeting of 06/12/13 d) Animal Shelter Cat Report {Attachment 5) 5. Green Advisory Committee The Green Advisory Committee met on Tuesday, May 28, 2013 at 5:00 a.m. in the Public Works Conference Room, 2"d Floor, 107 N Kent Street, Winchester, VA. Members present were: Gene Fisher, Gary Lofton, Robert Hess, James Wilson, Whitney Wagner, and Dave Gates. Absent was Bab Wells. 1. Energy Management Update a. Planet Footprint data collection &monitoring. Using the Planet Footprint service staff is monitoring electricity and natural gas consumption across all accounts. Heating and cooling degxee day data is being monitored to determine if temperature is driving changes in consumption. Using Planet Footprint database of Frederick County accounts, staff is able" to monitor current and historic consumption for trend evaluation. b. Consumption anomalies are assessed quarterly, based on comparison to previous year. Accounts with anomalies >20% are flagged and sent to responsibility heads for explanation. Staff continues to coordinate with facility staff io promote overall reduced consumption. {Supervisor Collins arrived 7:17 p.m.} PUBLIC SAFETY COMMITTEE REPORT - APPROVED A meeting of the Public Safety Committee was held on Monday June 3, 2013 at 8:30 a.m. Committee members present wexe: Committee Chairman Gary Lofton, Ron Wilkins and Chuck Torpy. Also in attendance were County Adm "inistrator John Riley, Public Safety Communications Director LeeAnna Pyles, Fire &Rescue Chief Denny Linaburg, Deputy Fire Chief Larry Oliver, Fire &Rescue Association President Tim Price, County Attorney Rad Williams, Deputy Fire Chief Bill Bowmaster, Deputy Emergency Management Coordinator Chief Chester Lauck and Human Resources Director Paula Nofsinger. The following items were discussed: ** *Items Requirillg Board Action * ** 1. Revenue Recove U date see attached A — A roved Fee Schedule The Committee reviewed the progress of the Revenue Recovery billing plan. Chief Linaburg and his staff have been working diligently with Valley Health who serves as the current billing agency for the City of Winchester. The County would like to ride on the City's current contract with Valley Health, however the proposed contract provided to the County differs from the City's contract. Mr. Riley has been in contact with Valley Health in an effort to obtain a similar contract as the City's and to finalize the percentage charge and upfront fees associated with the program start up. If an agreement cannot be worked out, then the County would have to start from the beginning would considerably delay implementation. Deputy Chief Oliver addressed the current fee schedule which was developed last year by the Public Safety Committee. One of the outstanding issues is the automatic fee increase that Medicare/MedicaidlTricare have in place and how this automatic fee increase could be incorporated into the current fee schedule. Deputy Chief Oliver also noted that ALS 1 and BLS 1 non emergency fees are not currently an the proposed schedule. The current fees should be $512.00 for ALS1 non emergency and $431.00 for •BLS1 non emergency calls. The Public Safety Committee unanimously recommended the Board of Supervisors adapt the rates for the Fee for Service fee schedule. Upon a motion by Supervisor Lofton, seconded by Supervisor Fisher, the Board approved Minute Book Number 38 Board of Supervisors Regular Meeting of 06/12/13 39� the Fee for Service fee schedule to include the additions of ALS 1 and BLS lnon- emergency fees. The above motion was approved by the following recorded vote: Richard C. Shickle Christopher E. Collins Charles S. DeHaven, Jr. Robert A. Hess Gene E. Fisher Gary A. Lofton Opequon District Aye Aye Aye Aye Aye Aye Vacant ** *Discussion Items * ** 2. Retention of staff (see attached B,C) Chief Linaburg presented 2 handouts with reference to salary and benefits packages from various surrounding Counties in Virginia and the impact of staff loss within Frederick County. Chief Linaburg emphasized the difficulty in retaining current volunteer and career staff citing that other counties are offering a more lucrative salary and benefits package. Other jurisdictions are actively recruiting in our area and have the benefit of a training academy available to teach the skills necessary far basic frefighting knowledge and dual skills for fire and EMS certification. Currently, Frederick County does not have any such academy. The cost of this type of program could be reviewed as a new budget item. Consideration should be given to the cost, benefit to the community and staff losses. Chief Linaburg advised the Fire &Rescue Department utilizes "Kelly days" in their work schedules. This is a process in which the firefighters work a 200 hour pay period and then are furloughed out a day to avoid overtime. If there was no "Kelly day" in place, it would give the County mare staffing. Mr. Riley would like to have a written narrative of the "Kelly day" and how it relates to overtime, the 200 hour pay period, or how it is an added benefit to the department in order to clear up any confusion. Mr. Riley would also like Chief Linaburg to devise a tentative solution for the Fire/EMS pay scale and detail what types of adjustments would have to be made in order to make Frederick County mare competitive and attractive to potential employees. Finally, Mr. Riley and Chairman Lofton would like Chief Linaburg to put together any information on a proposed academy start up and its operational costs. These 3 items are to be distributed to the members within the next 2 weeks prier to being addressed in greater detail at the next Public Safety Committee meeting slated far July 2, 2013. 2013. Next Meeting: The next Public Safety Comrnittce meeting is tentatively scheduled for Tuesday July 2, Adjourn: The meeting was adjourned at 9:30 a.m. TECHNOLOGY COMMITTEE REPORT - APPROVED The Board of Supervisors Information Technology Committee met on Wednesday, June 5, 2013 at 8:15 A.M., in the First Floor Conference Room, County Administration Building, 107 North Kent Street, Winchester, Virginia. Present were: Gary Lofton, Chairman, Charles S. DeHaven, Jr., Quaiser Absar, and Todd Robertson. Cornmittee members absent were: Brian Madagan. Others present included: Sheriff Robert Williamson, Walter Banks, IT Director, John R. Riley, Jr., County Administrator, Kris Tierney, Assistant County Administrator, Alisa Scott, Administrative Assistant, and Matt Armstrong, The Winchester Star, The committee submits the following: ** *Items Requiring Board Action * ** Minute Book l�TUmber 3S Board of supervisors Regular Meeting oi0611Z/13 39 I. Approval of the SunGard OSSI Software Implementation Project far Sheriff s Office and Public Safety in the amount of $397,424. - Approved The software is part of Phase III of the Sheriff's laptop initiative. The original quote for this project was $526,340. This item was presented to the Finance Committee at its April 17, 2013 meeting. The committee recommended staff enter into negotiations with vendor for Phase TIT for Phase III of the mobile project. At the April 24, 2013 meeting of the Board of Supervisors, the Board approved the committee's recommendation. Immediately fallowing the permission to negotiate, staff entered into negotiations with the vendor and secured a final proposal price of $397,420, on May 16�'. The proposed quote includes the final software components that provide the Sheriff' s Deputies and Emergency Communications Personnel with the- ability to securely work remotely while in the field. The negotiated amount of $397,420 has a time expiration of 30 days (expires June 17, 201.3). Because of the critical timeline we are submitting this request directly to the Board of Supervisors for consideration. If approval is granted, staff can proceed with this purchase before the expiration date saving the County $128,920. Upon a motion by Mr. DeHaven, seconded by Mr. Robertson, the Committee unanimously recommends the Board of Supervisors approve a -General Fund supplemental appropriation in the amount of $397,420 with funds to be taken from unreserved fund balance. (See Attachment.) Upon a mntiori by Supervisor Lofton, seconded by Supervisor Collins, the Board approved a General Fund supplemental appropriation in the amount of $397,420, with funds to be taken from unreserved fund balance, for the SunGard OSSI Software Implementation Project for the Sheriff s Office and Public Safety. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Christopher E. Collins Aye Charles S. DeHaven, Jr. Aye Robert A. Hess Aye Gene E. Fisher Aye Gary A. Lofton Aye Opequon District Vacant ** *Items NOT Requiring Board Action * ** 1. Walter Banks gave updates in reference to the Phone Implementation Project that was ahead of schedule. Questions arose regarding the difference between the phones and the network as important components. Network implementation being prior to phone implementation. 2. Walter Banks provided a memo from Patrick Fly that provided the latest May update from Broadband Consultant Sandie Terry with CIT. Information was shared about the results of the data collected in partnership with CIT that completed Phase 1, Data Coliection, Broadband, Project is now moving into phase 2 which builds the business case for improvement. There was a discussion about vertical assets being publicly and privately. owned. 3. Mr. Banks discussed the SunGard OSSI Software Implementation Project and Sheriff Williamson supported the need for deputies and Public Safety Communications to have better access to communications while out in the field. Discussion amongst the group supported the project. 4. The Technology Committee retired into closed session, pursuant to Virginia Cade Section 2.2- 3711(A) (l), fax discussion of personnel matters. Minute Book 1Vumber 3$ Board of Supervisors Regular Meeting of 06/12/13 393 DEVELOPMENT IMPACT MODEL OVERSIGHT COMMITTEE REPORT — APPROVED CRITICAL INPUTS The Development impact Modei — Oversight Committee (DIM -OC} met on Wednesday, May 16, 2013 at 10 :00 AM. Members Present J.P. Carr Robert Hess Dr. John Lamanna Gary Lofton Brian Madagan H. Paige Manuel Kris Tierney Members Absent Stephen Pettler Roger Thomas Patrick Barker, Randy Jones, Eric Lawrence, and Al Orndorff were present. ** *Items Requiring Action * ** The DIM -OC reviewed the critical inputs for the Annual Update of the Development Impact Model {DIM }. The inputs are essential in order to maintain an updated DIM. It is important to note that the DIM is a planning tool which projects anticipated operational and capital facility costs associated with land use planning, although the DIM is also commonly referenced as a model utilized to project the capital facility costs associated with development and rezoning proposals. Upon approval of the DIM -OC's recommendation, staff will use the updated model in the consideration of land use planning analysis and for future rezoning petitions. The critical input spreadsheet (Attachment #1) and resulting projected capital facilities' costs (Attachment #2) are attached for your information, Upon utilizing the critical input updated figures, the DIM projects the following impacts on the County's capital facilities: NEW FY14 FY13 Single Family Dwelling Unit — $19,600 $1$,507 Town Home Dwelling Unit — $13,062 $12,354 Apartment Dwelling Unit — $11,339 $ 9,983 By majority vote, the DIM -OC recommends the use of the critical inputs, and for their incorpvration into model. Upon a motion by Supervisor Lofton, seconded by Supervisor Hess, the Baard approved the critical inputs and their incorporation into the Development Impact Model. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Christopher E. Collins Aye Charles S. DeHaven, Jr. Aye Robert A. Hess Aye Gene E. Fisher Aye Gary A. Lofton Aye Opequon District Vacant ** *Informational Purposes Only * ** The DIM -OC continued to discuss and understand how sehaol facility costs were Minute Book Number 38 Board of supervisors Regular Meeting of 06/12/13 39 derived. Randy Jones, Senior Vice President of OWPR, the School Board's architecture and engineering firm, offered an overview of the extensive analysis undertaken to provide the School Board with estimates for new school facilities. The cost estimates are consistent with the adopted CIP, and include both hard and soft costs associated with constructing and opening a new school facility. Discussion included concern that including soft casts in the DIM may be inappropriate. The soft costs include a facility's technology and furniture, and typically represent 20 percent of a project's total casts. Following the meeting, staff contacted Carson Bise of Tischler -Bise economic consultants and the DIM's creator, who confirmed that the DIM was designed and intended to reflect both hard and soft costs of establishing anew facility. The DIM -OC inquired into how much value do cash proffers, one outcome of using the DIM, actually bring to the county. One comment at the DIM -OC meeting suggested that cash proffers could equate to $20,000,000 annually. Fallowing the DIM -OC meeting, staff consulted with the Finance Department and learned that, since 1995, a total of $9, 229, 575 has been received in cash proffer payments. During the same tint -te period, approximately $26, X00, 000 in cash proffers has been committed as part of a rezoning application, to be paid in the future as structures are constructed. The DIM -OC recognized that the county's planned implementation of a fee for service revenue recovery program for fire and rescue may waxrant a revision to the DIM to reflect the future fee for service recovery revenue. Once the county establishes the recovery program, and realizes revenue recovery, the DIM could be revised. it was noted that the revenue recovery program does not address all aspects of emergency service and therefore any revision to the DIM would modify and not eliminate the fire and rescue module in the DIM. Revisions to the DIM pertaining to fire and rescue could be considered in future year DIM critical iriput updates. PLANNING COMMISSION BUSINESS PUBLIC HEARING PUBLIC HEARING - REZONING #D2 -13 OF FAIRFAX PIKE/VDOT LANE COMMERCIAL SUBMITTED BY GREENWAY ENGINEERING TO REZONE 3.61 ACRES FROM B1 (NEIGHBORHOOD- BUSINESS DISTRICT TO B2 GENERAL BUSINESSI DISTRICT WITH PROFFERS. THE PROPERTIES ARE LOCATED ON THE NORTH SIDE OF FAIRFAX PIKE (ROUTE 277 ADJACENT TO VDOT LANE ROUTE 1018 APPROXIMATELY 1/Z MILE EAST OF INTERSTATE 81 EXIT 307 AND ARE IDENTIFIED BY PROPERTY IDENTIFICATION NUMBERS 86 -A -14 AND 86 -A -IS IN THE OPE UON MAGISTERIAL DISTRICT. - APPROVED Deputy Director of Planning Michael Ruddy appeared before the Board regarding this item. He advised this was a request fio rezone 3.6 acres along Route 277 from B 1 (Neighborhood Business) to B2 (General Business) District with proffers. The parcel is located in the Opequon Magisterial District. Deputy Director Rudy noted the proposed land use was consistent with the Comprehensive Plan. The impacts have generally been addressed and the applicant has proffered a generalized development plan. He noted the site would 6e accessed by a right - inlright -out on Route 277 and an entrance on VDOT lane. He also advised that inter - parcel connectivity has been provided. The applicant has dedicated an additional 20 feet of right -of way along Route 277 and $35,000 has been proffered to assist with other transportation improvements. He concluded by saying the Planning Commission recommended approval of this proposed rezoning. Minute Book Number 38 Board of Supervisors Regular Meeting of D611z113 395 Supervisor Lofton asked about the maximum impacts in the B2 District. Depuiy Director Ruddy responded those impacts were associated with heavy traffic and drive -thru uses. The B2 uses resulted in more transportation trips. Evan Wyatt, Greenway Engineering, advised the applicant dedicated a 20 foot strip of land along Route 227 to give VDOT some design flexibility for the Route 277 improvement project. He went on to say VDOT asked the applicant to limit the entrances on VDOT lane. He concluded by saying VDOT has executed the appropriate entrance exceptions to allow the entrance along Route 277. Chairman Shickle convened the public hearing. There Were no public comments. Chairman Shickle closed the public hearing. Upon a motion by Supervisor DeHaven, seconded by Supervisor Fisher, the Board approved Rezoring #02 -13 of Fairfax Pike/VDOT Lane Commercial. WHEREAS; Rezoning #02 -13 of Fairfax Pike/VDOT Lane Commercial submitted by Greenway Engineering to rezone 3.61 acres from B 1 (Neighborhood Business} District to B2 (General Business) District with proffers dated January 2S ,2013 and final version May 17, 2013 was considered. The properties are located on the north side of Fairfax Pike (Route 277) adjacent to VDOT Lane (Route 1018 }, approximately %mile east of Interstate 81 Exit 307, and are identified by Property Identification Numbers 86 -A -14 and 86 -A -15 in the Opequon Magisterial District. WHEREAS, the Planning Commission held a public hearing on this rezoning on May 15, 2013 and forwarded a recommendation of approval; and WHEREAS, the Board of Supervisors held a public hearing on this rezoning on June 12, 2013; and WHEREAS, the Frederick County Board of Supervisors finds the approval of this rezoning to be in the best interest of the public health, safety, welfare, and in conformance with the Comprehensive Policy Plan. NOW, THEREFORE, BE IT ORDAINED by the Frederick County Board of Supervisors to rezone 3.61 acres from B 1 (Neighborhood Business) District to B2 (General Business} District wish proffers subject to the attached conditions voluntarily proffered in writing by the applicant and the property owner. This ordinance shall be in effect on the date of adoption. The above motion was approved by the following recorded vote: Richard C, Shickle Aye Christopher E. Collins Aye Charles S. DeHaven, Jr. Aye Robert A. Hess Aye Gene E. Fisher Aye Gary A. Lofton Aye Opequon District Vacant Minute Book Number 38 Board of Supervisors Regular Meeting of 06/12/13 396 OTHER PLANNING TTEMS DISCUSSION — TEMPORARY FAMILY HEALTH CARE STRUCTURES SENT FORWARD FOR PUBLIC HEARING — (RESOLUTION #Obl -13) Senior Planner Candice Perkins appeared before the Board regarding this item. She advised this was a proposed revision to the Zoning Ordinance to allow temporary family health care structures as a permitted use in the RA {Rural Areas), RP (Residential Performance), RS (Residential Recreational), and R4 (Residential Planned Community) Districts. She went on to say the Code of Virginia requires lacalities to allow temporary family health care structures as a permitted accessory use in all residential zoning districts where single family detached dwelling units are permitted. The DRRC and the Planning Commission reviewed the proposed ordinance and supplementary regulations and forwarded them to the Board far discussion. She concluded by saying staff was seeking direction from the Board regarding whether this item was ready to be sent forward for public hearing. Upon a motion by Supervisor DeHaven, seconded by Supervisor Hess, the Board approved the resolution directing the Planning Commission to hold a public hearing regarding Chapter 165, Zoning, Article I General Provisions, Amendments, and Conditional Use Permits, Part 101 General Provisions, 8165- 101.02 Definitions &Word Usage, Article II Supplementary Use Regulations, Parking, Buffers, and Regulations for Specific Uses, Part 204 — Additional Regulations for Specific Uses,. Article IV Agricultural and Residential Districts, Part 401. — RA Rural Areas District, § 165- 401.02 Permitted Uses, Part 402 — RP Residential Performance District, §165- 402.02 Permitted Uses. WHEREAS, the Frederick County Planning Department has been directed to prepare changes to Chapter 165 Zoning, to allow temporary family health care structure as a permitted use. WHEREAS, the Development Review and Regulations Committee (DRRC) recommended this item be farwarded to the Planning Commission and Board of Supervisors; and WHEREAS, the Planning Commission discussed the proposed changes at their regularly scheduled meeting. on May 15, 2013; and WHEREAS, the Board of Supervisors discussed the proposed changes at their regularly scheduled meeting on June 12, 2013; and WHEREAS, the Frederick County Board of Supervisors finds that in the .public necessity, convenience, general welfare, and good zoning practice, directs the Frederick County Planning Commission hold a public hearing regarding an amendment to Chapter 165 to allow temporary family health care structures as a permitted use. NOW, THEREFORE, BE IT REQUESTED by the Frederick County Board of Supervisors that the Frederick County Planning Commission shall hold a public hearing to allow Minute Book Number 38 Board of Supervisors Regular Meeting of 06/12/13 1397 temporary family health care structures as a permitted use. Passed this 12`h day of Tune, 2013. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Christopher E. Collins Aye Charles S. DeHaven, Jr. Aye Robert A. Hess Aye Gene E. Fisher Aye Gary A. Lofton Aye Opequon District Vacant DISCUSSION —RURAL PRESERVATION LOT RE UIREMENTS —SENT FORWARD FOR PUBLIC HEARING — RESOLUTION #062 -13 Senior Planner Candice Perkins appeared before the Board regarding this item. She advised staff received a request to allow divisions to existing rural preservation tracts that have been recorded, so long as the division results in acreage being added to the preservation tract and only if acreage being added comes from the overall rural preservation subdivision. She advised the Develaprnent Review and Regulations Committee and the Planning Commission discussed this item. The Planning Commission added language to the proposed amendment to all property to be added from outside of the rural preservation tract, but land could not be removed. She concluded by saying staff was seeking direction from the Board of Supervisors regarding whether this item was ready to be sent forward for public hearing. Upon a motion by Supervisor Collins, seconded by Supervisor Fisher, the Board approved the resolution directing the Planning Commission to hold a public hearing regarding Chapter 165, Zoning, Article IV Agricultural and Residential Districts, Part 401 RA Rural Areas District, 165 - 401.06 Permitted Lot Sizes. WHEREAS, the Frederick County Planning Department has been directed to prepare changes to Chapter 165 Zoning, to allow divisions to existing rural preservation tracts that have been recorded. WHEREAS, The Development Review and Regulations Committee , (DRRC) recommended this item be forwarded to the Planning Commission and Board of Supervisors; and WHEREAS, the Planning Commission discussed the proposed changes at their regularly scheduled meeting on May 1, 2013; and WHEREAS, the Board of Supervisors discussed the proposed changes at their regularly scheduled meeting on June 12, 2013; and WHEREAS, the Frederick County Board of Supervisors finds that in the public necessity, convenience, general welfare, and- good zoning practice, directs the Frederick County Planning Commission hold a public hearing regarding an amendment to Chapter 165 to allow divisions to existing rural preservation tracts that have been recorded. Minute Book Number 38 Board of Supervisors Regular Meeting of 06/12/13 •� NOW, THEREFORE, BE IT REQUESTED by the Frederick County Board of Supervisors that the Frederick County Planning Commission shall hold a public hearing to allow divisions to existing rural preservation tracts that have been recorded. Passed this 12th day of June, 2013 by the following recorded vote: Richard C. Shickle Aye Christopher E. Collins Aye Charles S. DeHaven, Jr. Aye Robert A. Hess .Aye Gene E. Fisher Aye Gary A. Lofton Aye Opequon District Vacant ROAD RESOLUTION ( #063 -13) — SOUTHERN HILLS STICKLEY DRIVE EXTENSION — APPROVED UNDER CONSENT AGENDA WHEREAS, the streets described on the attached Form AM -4.3, fully incorporated herein by reference are shown on plats recorded in the Clerk's Office of the Circuit Court of Frederick County; and WHEREAS, the Resident Engineer of the Virginia Department of Transportation has advised this Board that the streets meet the requirements established by the Subdivision Street Requirements of the Virginia Department of Transportation; and WHEREAS, the County and the Virginia Department of Transportation have entered into an agreement on June 9, 1993, for comprehensive stormwatex detention which applies to this request for addition; and NOW, THEREFORE; BE IT RESOLVED, this Board requests the Virginia Department of Transportation to add the streets described in the attached Form AM -4.3 to the secondary system of state highways, pursuant to 33.1 -229, Code of Virginia, and the Department's Subdivision Street Requirements; and BE IT FURTHER RESOLVED, this Board guarantees a clear and unrestricted right -of way, as described, and any necessary easements for cuts, fills and drainage; and BE IT FURTHER RESOLVED, that a certified copy of this resolution be forwarded to the Resident Engineer far the Virginia Department of Transportation. MEMORANDUM REQUESTING TO SCHEDULE A WORK SESSION — SCHEDULED FOR JULY 10, 201.3 The Board consensus was to hold a work session with the Frederick County Sanitation Authority on Wednesday, July 10, 2013 at 5:00 p.m. BOARD LIAISON REPORTS Chairman Shickle advised that he had met with the chairman of the Frederick County Sanitation Authority regarding the upcoming joint meeting. He encouraged the chairman to work with him to concentrate on how the twa boards might improve communication. CITIZEN COMMENTS There were no citizen comments. BOARD OF SUPERVISORS COMMENTS Minute B ©ok Number 38 Board of Supervisors Regular Meeting of D6/12/i3 399 Supervisor Hess commented on the Service Learning presentations, which were held on May 30, 2013. He complemented the students, advisors, and county staff and noted he thought the presentations were excellent. He also advised that he attended the Lake Holiday spillway dedication. The project was completed early and under budget. He concluded by saying the citizens were very complimentary of the Public Works' staff. Supervisor Fisher asked the Board to recognize the Sherando High School State Champion baseball team. Supervisor Lofton advised that he ran into former Qpequon Supervisor Bill Ewing and he asked him to give everyone his best. ADJOURN UPON A MOTION BY VICE - CHAIRMAN DEHAVEN, SECONDED BY SUPERVISOR FISHER, THERE BEING NO FURTHER BUSINESS TO COME BEFORE THIS BOARD, THIS MEETING IS HEREBY ADJOURNED. {& 15 P.M.) �-Q Richard C. Shickle old, R. Riley, Jr. Chairman, Board of Supervisors erk, Board of Supervisors Minutes Prepared By: `�' Jay bs Deputy Clerk, Board of Supervisors Minate Boak Number 38 Board of Supervisors Regular Meeting of U6/12113