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September 9 2013 Regular Meeting Minutes
A Regular Meeting of the Frederick County Board of Supervisors was held on Wednesday, September 9, 2013 at 7:00 P.M., in the Board of Supervisors' Meeting Raom, 107 North Kent Street, Winchester, Virginia. PRESENT Chairman Richard C. Shickle; Charles S. DeHaven, Jr.; Christopher E. Collins; Gene E. Fisher; Robert A. Hess; Gary A. Lofton; and Robert W. Wells. CALL TO ORDER Chairman Shickle called the meeting to order. INVOCATION. Supervisor Fisher delivered the invocation. PLEDGE OF ALLEGIANCE Vice- Chairman DeHaven ied the Pledge of Allegiance. ADOPTION OF AGENDA - APPROVED County Administrator John R. Riley, Jr. advised he had no changes to the agenda. Upon a motion by Vice - Chairman DeHaven, seconded by Supervisor Hess, the Board approved the agenda, as amended, by the following recorded vote: Richard C. Shickle Aye Charles S. DeHaven, Jr. Aye Christopher E. Collins Aye Gene E. Fisher Aye Robert A. Hess Aye Gary A. Lofton Aye Robert W. Wells Aye CONSENT AGENDA - APPROVED Administrator Riley offered the following items for the Board's consideration under the consent agenda: - Parks and Recreation Commission Report —Tab F; - Public Safety Committee Report —Tab G; - Public Works Committee Report —Tab H; and - Technology Committee Report —Tab I. Upon a motion by Supervisor Lofton, seconded by Supervisor Fisher, the Board approved the consent agenda by the following recorded vote: Richard C. Shickle Aye Charles S. DeHaven, Jr. Aye Christopher E. Collins Aye Gene E. Fisher Aye Minute Book Number 39 Board of supervisors Regalar Meeting of 09/09/13 070 Robert A. Hess Aye Gary A. Lofton Aye Robert W. Wells Aye CITIZEN COMMENTS Jay Marts, Gainesbora District, addressed the Board; "Chairman Shickle, Members of the Board, Administrator Riley: I noted the Public Works Committee has outlined a Scope of Work for County Government Department Space Planning Needs Assessment. This seems to be another `past due "action taken on the "Path to Justification " to have a new County Administration Building constructed. Yet another step that appears to be out of sequence from the normal development process. I have attempted to do a little "homework" on this subject � found that the Virginia Public Procurement Act and Procurement Best Practices outline the Ident� cation of Need as an important 1St step. That community requirements should be based an strategic plans where management has outlined organizational needs. Far us that should have been accomplished some time back and outlined in the Frederick County Capital Improvements Plan (CIP). This latest version for Fiscal Year 2013 -2014 was approved after a Public Hearing on January 23, 2013 by all Supervisors in attendance. This strategic document with a 5 year outlook, a component of the Comprehensive Plan, that consumes time & effort of many of our County employees, Boards &Commissions. It did not identify a requirement fora `new' County Administration Building. I assume this was but one reason that the Planning Commission voted 9 -3 against endorsing a proposed amendment to construct a County Admin/School Board Bldg. Additionally, I do not understand why the Comprehensive Plans &Programs Committee (CPPC) of the Planning Commission was not involved in providing recommendations for a capital facilities project of this nature. I believe that is one of their major governmental functions. We have a process to determine taxpayer funded priorities for Capital Improvements. I would recommend we stick to it. I would also like to remark about Competition in the PPEA Process. If this County Bldg project had been listed in the CIP for a period of time, would more proposals have been submitted? Perhaps. The `Best Practice's' procurement literature ihdicates that a government entity generally receives the best price if there are a reasonable number of vendors competing for a contract. Best procurement practices also highlights that providing specific versus general requirements results in better price competition. There seemed to be no requirements, specific or general, outlined by the County of a need for a new Administration Building. I am still curious how a group of Real Estate, Construction, Architects, Legal &Financial professionals all came together &decided to submit an unsolicited proposal for a faciliiy that no one had determined that a requirement existed. And further how the County Government has quickly moved to put in place all the bureaucratic requirements for justification �r possibly eventual approval. I recall the BUSINESS CLIMATE ASSESSMENT CITIZEN COMMITTEE Report recommended that you streamline some of the processes. Is this the outcome? As a last comment I would add that I am a bit troubled by the closing comments from the Chairman at the last meeting. I was not here to receive them in person, but I have watched the video f le a couple of times. Minute Book iVumber 39 Board of Supervisors Regular Meeting of 091x9113 o�� I was elated to see all the folks that exercised their right to speak at this public forum &then quite disappointed listening to the closing comments from the Chair. I believe the inference was that citizen groups, perhaps such as the one I have the pleasure to lead, the Northern Shenandoah Palley TEA Party may be fabricating information to increase attendance at our meetings and further we may be inciting masses with no good reason. I have provided input to this governing body many, many times. I am curious as to how many other Supervisors on this Board think that I would falsify information to fill seats at my public meetings ?? Most of you have accepted invitations to speak at our gatherings. Do you believe we would do this ?? Thank you for the opportunity to address the board. " Maury McGrew, Opequon District, advised that he addressed the Board at their last meeting, but he was not representing anyone other than himself He went an io say that he spoke only about the proposed new county office building and the need for a vote to be taken at that point in the process. He asked why the chairman would suggest that that he would fabricate information and incite the masses. He stated citizens have a right to attend the board's meetings and address the board and offer their opinion to their elected officials. He believed the citizens have a right to expect complete openness of the process. He stated that he did express an opinion about the proposal for the new county off ce building and its unsolicited nature. He clarified to say that it might not have been part of a formal request for proposals process, but it did not come out of thin air. He concluded by thanking the Board for the opportunity to clarify his comments. BOARD OF SUPERVISORS COMMENTS Chairman Shickle stated "someone once said `if the shoe fits wear it. If the shoe doesn't f t then you don't have to wear it.' So I don't know the defensive reaction to my comments, but if they don't apply you should not take them to heart. If they do apply then I hope you will take them to heart." M1rNUTES.- APPROVED Upon a motion by Vice - Chairman DeHaven, seconded by Supervisor Collins, the Board approved the minutes from the August 14, 2013 work session with the Frederick County Sanitation Authority. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Charles S. DeHaven, Jr. Aye Christopher E. Collins Aye Gene E. Fisher Aye Robert A. Hess Aye Gary A. Lofton Aye Robert W. Wells Aye Minute Sook Number 39 Board of Supervisors Regular Meeting of 09/09/13 072 Supervisor Hess noted two typographical errors in the August 14, 2013 regular meeting minutes and asked that the following addition be made to page 37: Su ervisor Hess asked "didn't we receive a letter om the school board askin to be included n_ihe_huilding? In fact, the information originallY� resented to us was for.Lst a county office building, but when the school board learned o it, when it became„ public, we received a letter from them askin�,to be included. " Chairman Shickle responded `.you are correct. " Upon a motion by Supervisor Hess, seconded by Supervisor Lofton, the Board approved the minutes from the August 14, 2013 regular meeting, as corrected, by the following recorded vote: Richard C. Shickle Aye Charles S. DeHaven, Jr: Aye Christopher E. Collins Aye Gene E. Fisher Aye Robert A. Hess Aye Gary A. Lofton Aye Robert W. Wells Aye Upon a motion by Vice - Chairman DeHaven, seconded by Supervisor Hess, the Board approved the minutes from the August 22, 2013 outside agency presentations. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Charles S. DeHaven, Jr. Aye Christopher E. Collins Aye Gene E. Fisher � Aye Robert A. Hess Aye Gary A. Lofton Aye Robert W. Wells Aye COUNTY OFFICIALS AMY SRACEWELL, SITE MANAGER, NATIONAL PARK SERVICE, TO MAKE HER INTRODUCTION TO THE BOARD OF SUPERVISORS AND PROVIDE UPDATE Amy Bracewell, Site Manager for the National Park Service, introduced herself to the Board. She advised that she came on board in March of 2013 and has since been joined by the new superintendent Jim Northrop. She provided the Board with a brief update on various projects: - Working with VDOT regarding signage on Interstate 81 at Exits 29$ and 302. - Opened a visitors' contact station in Middletown in April. - Held a ribbon cutting in May for the contact station. Minute Book Number 39 Board of Supervisors Regular Meeting of 49/09/13 07� Working with partners on the Civil War Sesquicentennial at Cedar Creek. She concluded by saying they were working on several other projects with their park partners. EMPLOYEE OF THE MONTH AWARD — SOLUTION #012 -13 - APPROVED STEPHEN A. MOORS Upon a motion by Supervisor Wells, seconded by Supervisor Fisher, the Board approved Stephen A. Moore as Employee of the Month for September 2013. WHEREAS, the Frederick County Board of Supervisors recognizes that the County's employees are a mast important resource; and WHEREAS, an September 9, i 992, 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, Stephen A. Moore who serves the Frederick County Sheriff s Office was nominated for Employee of the Month; and WHEREAS, Stephen A. Moore is being awarded for his loyalty and commitment to his position as Deputy Sheriff. On June 1$, 2013, Deputy Moore observed smoke coming from a building at 300 North Kent Street. He immediately responded and checked to make sure all residents were out of the building. He located a mother and four children. Deputy Moore was then notified that a fifth child was still in the residence. When the mother ran back into the burning home to fled the fifth child, Deputy Moore went in after her and then. brought her back out when he noticed burns on her arms. He then went back in again with Winchester Police Officers to continue to search for the child, but they were forced out of the building when fire and smoke fully engulfed the residence. Deputy Moore acted with courage, selflessness, and determination. Deputy Moore is to be commended for his initiative and dedication. NOW, THEREFORE, BE IT RESOLVED by the Frederick County Board of Supervisors this 9�' day of September, 2013 that Stephen A. Moore is hereby recognized as the Frederick County Employee of the Month for September 2013; and BE IT FURTHER RESOLVED that the Board of Supervisors extends its gratitude to the Stephen A. Moore for his outstanding performance and dedicated service and wishes him continued success in future endeavors; and BE IT FURTHER RESOLVED that Stephen A, Moore is hereby entitled to all of the rights and privileges associated with this award. Adopted September 9, 2013. The above motion was approved by the fallowing retarded vote: Richard C. Shickle Aye Charles S. DeHaven, Jr. Aye Christopher E. Collins Aye Gene E. Fisher Aye Robert A. Hess Aye Gary A. Lofton Aye Robert W. Wells Aye COMMITTEE APPOINTMENTS REAPPOINTMENT OF DAVID W. GANSE TO THE BOARD OF BUILDING APPEALS - APPROVED Minute Book 1�'umber 39 Beard of Supervisors Regular Meeting of OR/09113 07� Upon a motion by Supervisor Fisher, seconded by Vice- Chairman DeHaven, the Board reappointed David W. Ganse to the Board of Building Appeals. This is a five year appointment. Term expires November 10, 2018. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Charles S. DeHaven, Jr. Aye Christopher E. Collins Aye Gene E, Fisher Aye Robert A. Hess Aye Gary A. Lofton Aye Robert W. Wells Aye APPOINTMENT OF CAROLE FOX AND REAPPOINTMENT OF LARRY SULLIVAN AS COUNTY REPRESENTATIVES TO THE HANDLEY REGIONAL LIBRARY BOARp - APPROVED Upon a motion by Supervisor Lofton, seconded by Supervisor Fisher, the Board appointed Carole Foy and reappointed Larry Sullivan as county representatives to the Handley Regional Library Board: These are four year appointments. Terms expire November 30, 2017 The above motion was approved by the following recorded vote: Richard C. Shickle Aye Charles S. DeHaven, Jr. Aye Christopher E. Collins Aye Gene E. Fisher Aye Robert A. Hess Aye Gary A. Lofton Aye Robert W. Wells Aye REAPPOINTMENT OF JUNE M. WILMOT AS MEMBER -AT -LARGE TO THE PLANNING COMMISSION - APPROVED Upon a motion by Chairman Shickle, seconded by Supervisor Collins, the Board reappointed June M. Wilmot as Member -At -Large to the Planning Commission. This is a four year appointment. Term expires November 14, 2017. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Charles S. DeHaven, Jr. Aye Christopher E. Collins Aye Gene E. Fisher Aye Robert A. Hess Aye Gary A. Lofton Aye Robert W. Wells Aye REAPPOINTMENT OF HUGH B, VAN METER TO THE SHAWNEELAND SANITARY DISTRICT ADVISORY COMMITTEE - APPROVED Miuute Book Number 39 Board of Supervisors Regular Meeting of 09 /09/13 07� Upon a motion by Supervisor Lofton, seconded by Supervisor Hess, the Board reappointed Hugh B, Van Meter to the Shawneeland Sanitary Disixict Advisory Committee. This is a two year appointment. Term expires November 9, 2015. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Charles S. DeHaven, Jr. Aye Christopher E. Collins Aye Gene E. Fisher Aye Robert A. Hess Aye Gary A. Lofton Aye Robert W. Wells Aye RE UEST FROM FREDERICK COUNTY SCHOOLS TO SCHEDULE PUBLIC HEARING DATE TO PARTICIPATE IN THE FALL 2013 VIRGINIA PUBLIC SCHOOL AUTHORITY PSA BOND SALE — AUTHORIZED PUBLIC HEARING Administrator Riley advised this was a request from the School Board far the Board of Supervisors to approve the County's participation in the Fall 2013 VPSA bond sale. It was requested that the required public hearing be held on October 9, 2013. Administratar Riley noted the proceeds from the bonds sale would satisfy the projected cash needs for the construction of the elementary schools additions and for architectural and engineering services far the replacement middle school. The amount of the bond application is $5,400.000. Upon a motion by Supervisor Collins, seconded by Supervisor Wells, the Board scheduled the public hearing for October 9, 2013. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Charles S. DeHaven, Jr. Aye Christopher E. Collins Aye Gene E. Fisher Aye Robert A. Hess Aye Gary A. Lofton Aye Robert W. Wells Aye REQUEST FROM COMMISSIONER OF THE REVENUE FOR REFUNDS - APPROVED Administrator Riley advised this was a request from the Cornmissianer of the Revenue to authorize the Treasurer to refund Firstmerit Equipment Finance the amount of $2,645.15 for amounts resulting from duplicate reporting and subsequent- overpayment of personal property taxes on business leased assets for the first and second halves of 2013. Both the leasing company and the finance company reported the same assets by reports filed under different names on different dates. Minute Book Number 39 . Board of Supervisors Regular Meeting of 09/09/13 o7s Upon a motion by Supervisor Hess, seconded by Supervisor Collins, the Board approved the above refund request by the following recorded vote: Richard C. Shickle Aye Charles S. DeHaven, Jr. Aye Christopher E. Collins Aye Gene E. Fisher Aye Robert A. Hess Aye Gary A. Lofton Aye Robert W. Wells Aye Administrator Riley advised this was a request from the Commissioner_ of the Revenue to authorize the Treasurer to refund Probuild East LLC $2,742.44 for amounts relating to vehicles sold or moved out of state for 2012 and first half of 2013. Upan a motion by Supervisor Hess, seconded by Supervisor Collins, the Board approved the above refund request by the following recorded vofie: Richard C. Shickle Aye Charles S. DeHaven, Jr. Aye Christopher E. Collins -Aye Gene E. Fisher Aye Robert A. Hess Aye Gary A. Lafton Aye Robert W. Wells Aye COMMITTEE REPORTS PARKS AND RECREATION COMMISSION REPORT -- APPROVED UNDER CONSENT AGENDA The Parks and Recreation Commission met on August 13, 2013. Members present were: Ronald Madagan, Charles Sandy, Jr., Kevin Anderson, Patrick Anderson, and Gary Longerbeam. Members absent were: Marty Cybulski, Greg Brondos, Jr., and Christopher Collins. Items Rec,�uirin� Board of Supervisors Action !. None Submitted for Board Information Onl 1. Mission/Vision Statement — Mr. Kevin Anderson moved to adopt the Department Mission/Vision statement as submitted, second by Mr. Madagan, motion carried unanimously (5- 0). Please find attached a copy of our Mission/Vision Statement. 2. Co- Sponsor Policy — Mr. Sandy moved to postpone the adoption of the co- sponsox policy until next month's meeting, second by Mr. Madagan, motion carried unanimously (S -0). PUBLIC SAFETY COMMITTEE REPORT — APPROVED UNDER CONSENT AGENDA A meeting of the Public Safety Committee was held on Monday August 19, 2013 at 8:30 a.m, at the Frederick County Public Safety Building, 1080 Coverstone Drive, Winchester, VA. Committee members present were: Committee Chairman Gary Lofton, Ron Wilkins, Chuck Torpy, Chris Collins and Michael Lindsay, Member Gene Fisher was absent: Also in attendance were County Administrator John Riley, Public Safety Communications Director LeeAnna Pyles, Fire &Rescue Chief Denny Linaburg, Deputy Fire Chief Larry Oliver, County Minute Boost Number 39 Board of Supervisors Regular Meeting of 49/09/53 077 Attorney Rod Williams, Human Resources Director Paula Nofsinger, Sheriff Robert Williamson and Fire &Rescue Association President Tim Price. The following items were discussed: ** *Items Not Requiring Action * ** 1. Discussion of Evidence Tech Position Sheriff Williamson was recently notified that the department's current fulltime Evidence Tech is going to retire next year. This position is responsible for transporting and logging all evidence received by the Sheriff s Department. The Department needs to hire a person to begin training in this position so the transition will be smooth. The position would be a temporary part - time position until the current employee retires then it would become atoll -time position. Sheriff Williamson asked the Public Safety Committee. for authorization to move forward to the HR Committee to request for the additional position on a temporary basis. The Committee unanimously referred the above request to the Human Resource Committee for consideration. 2. Star Tannery Request for Staffing (Attachment A) Chief Linaburg received a letter from Star Tannery (Co.17) requesting of additional staffing. Star Tannery is the last company in the County that does not have daytime career staffing. They are a dual dispatch company with Middletown and North Mountain and also share runs with Shenandoah County as there is an overlap in the coverage area. The Committee asked Chief Linaburg for additional information including: copies of first due maps, number of calls run, and any supporting documents that would illustrate the geed fox daytime staffing. The Committee generally supported this request, but postponed action until additional information is received. This item will be discussed at the next PSC meeting. 3. Proposal to Change Fire and EMS Reporting Program {Attachments B -G) The Fire &Rescue department Currently utilizes Firehouse software to input reports far EMS and fire calls. This software has become increasingly difficult to use, manage reports, and staff has experienced tremendous technical difficulties with keeping the software updated and functional. There is an increased level of frustration with the current software. The department believes it would be better off with a new system: Chief Linaburg has worked with the IT department in an effort to try to resolve these issues, but bath parties have come to the conclusion that the FireHouse software is unreliable and a new vendor is needed far this service. ImageTrend is a newer updated sof�vare program currently used by the State. ImageTrend would be the host server, meaning they would run the software and maintain the server. The EMS portion of this software is free with the signed contract and the other portions would be financed accordingly. With this new software, reports can be inputted in a timely fashion and with more user friendly functionality for the end user. Chief Linaburg mentioned that the department has been working on a grant to purchase hand held units (e.g. iPads) so companies can make reports in real time with ImageTrend. There are no problems with integration of the software with the 911 center, hospitals, or any of the other fire companies. It was noted there would be no interruption in the Fee fox Service program. The Public Safety Committee recommended this issue be sent to the IT Committee for review and approval of the new ImageTrend hosted software. 4. Revenue Recovery Update (Attachments H -K) Deputy Chief Larry Oliver presented an update on the Revenue Recovery program. A contract has been signed with Premier Accounts Receivable and Anthem. Medicare/Medicaid /Tricare applications have been submitted. It will take approximately 120 days far approval. The EMS billing position has been filled. Deputy Oliver supplied copies of the four primary forms that will be utilized with the Revenue Recovery program. The privacy notice will be handed out to every patient. The verbiage on the form cannot be changed as it is a Federal notice. The second form will be given to every transport which authorizes the County to bill the patient's insurance company. This is also a Federal notice and cannot be changed. The third form is the consent form for Medicare /Aid/Tricare to be billed upon transport. The final Minute Book Number 39 Board of supervisors Regular Meeting of 09/09/13 i form is the only one citizens might see. This form will be used far motor vehicle accidents where the transported person is not a resident of Frederick County and we might not obtain the insurance information up front. The Fire &Rescue office will be scheduling dates for EMS training on all forms. The unofficial launch date for the Revenue Recovery program will be October 1, 2013. A public education program is beginning with the help of the fire companies and staff. The County has a line item appropriated with $800,000 to fund the EMS billing position, reimbursement of supplies, and payment to Premier. Premier will provide statistical analysis reports within the first year to gauge if we are on target with goals, potential co -pays, payments received, and protocol of services rendered. Next Meeting: :• Adjourn: The meeting was adjourned at 9:30 a.m. TECHNOLOGY COMMITTEE REPORT — APPROVED UNDER CONSENT AGENDA The Board of Supervisors Information Technology Committee met on Wednesday, September 4, 2013 at 8 ;15 a.m. in the First Floor Conference Room, County Administration Building, 107 N. Kent Street, Winchester, Virginia. Committee members present: Gary Lofton, Chairman, Chuck DeHaven, Bob Wells, Quaiser Absar, and .Todd Robertson. Committee members absent: Brian Madagan. Others present were: Walter Banks, IT Director, Patrick Fly, GIS Manager, Alisa Scott, Administrative Assistant, Denny Linaburg, Fire Chief, and Kris Tierney, Assistant County Administrator. The Board of Supervisors IT Committee welcomed Bob Wells to the Committee. The Committee submits the following: ** *Items Requiring Board Action * *�` 1. None ** *Items NOT Requiring Board Action * ** 1. Old Business A. Phone Implementation Project Update: Mr. Banks let the committee know that the project was completed on time and with a change order ($3,000} to legacy equipment. Department of Social Services was also successfully added. Mr. Banks thanked the IT staff and commended outstanding performances from quality personnel. IT Department will continually provide staff training on the phone system once a month. B. Broadband Project: Mr. Fly commented that the project is now winding down with the full report due this Friday (September 6, 2013} after many communications with the vendor to ensure the county was issued a specific report. The Broadband Management Team is expected to be briefed at the end of September. It is the County's effort to facilitate Internet providers to increase their footprint in Frederick County and not be a broadband Internet provider. Larger providers such as Comcast are willing to expand. C. Adding satellite offices such as Economic Development Commission and Winchester Regional Airport: The committee discussed the possibility and cost allocation of IT services to agencies for which the county serves as fiscal agent. D. Personnel: Mr. Banks let the committee know about a single position located at the Public Safety Building that was now being shared by all positions within the IT Minute Book Number 39 Board of Supervisors Regular Meeting of 09/09/13 L� Department. Mr. Linaburg supported the decision for this position to be shared and the committee also agreed that the idea of distributed knowledge would benefit the county. Mr. Linaburg said, "The plan to share this position is the best plan we've had. It gives me a level of comfort that na matter who comes to work at the PSB, they have an overall understanding of the importance of redundancy and IT support. We're firing on all cylinders now." Mr. Banks again recognized the excellent staff work and cooperation from the entire county as adjustments have been made. Mr. Banks is currently looking into the current IT structure to see how the IT Department can more efficiently serve the IT needs of the county staff and community at an overall savings by eliminating that position. Mr. Banks would like to look internally and add a single position of Trainer/Project Manager or Project Coordinator to the IT Department because of the success of the phone project and the ongoing high investments in different technologies and services. E. Fire Reporting Software: Mr. Linaburg brought to the committee a recommendation that Fire &Rescue no longer use their current software for creating and submitting EMS reports, Firehouse. He suggested that, due to the unstable software and the fact that there are no web -based applications, the Committee approve the purchase of software used by Valley Health and the state, Image Trend. Mr. DeHaven asked about the use of mobile devices and Mr. Linaburg responded that the county would be receiving a grant for that purchase. Mr. DeHaven wanted to ensure that the agreement also included services the state was providing at no additional cost to the county. Also, Mr. DeHaven asked about training and Mr. Banks responded that this project would be a hybrid project where IT would be able to provide some training to end users as well. It was confirmed to the committee that the service fee was slightly higher (4 %) than normal. Security concerns were also brought up to the committee. Mr. Banks and Mr. Linaburg assured the committee that through standard networking permissions and the security already enabled on the software that unauthorized use would not exist. It was determined that the committee would recommend the software purchase to the Finance Committee in order to stay consistent that all funding requests are moved to the Finance Committee. Mr. DeHaven moved that the Frederick County IT Committee recommend the purchase of EMS reporting software for Fire & Rescue and forward the recommendation to the Finance Committee. Mr. Wells seconded the motion and the motion was approved. F. CommentslQuestions Meeting adjourned. The next meeting will be Wednesday, October 2, 2013. We will confirm one week prior. PUBLIC WORKS COMMITTEE REPORT — APPROVED UNDER CONSENT AGENDA The Public Works Committee met an Tuesday, August 20, 2013 at 8:00 a.m. All members were present except for Jim Wilson. The following items were discussed: ** *Items Requiring Actron * ** 1. Review of PPEA Proposal for New County OfBee Building Prior to convening into a closed session. to discuss the PPEA submittal from the Frederick County Center LLC, Mr. Dave Ganse recused himself from further involvement in this topic Minute Rook Number 39 Roarci of Supervis°rs Regular Meeting of 09/09/13 • because of a possible conflict of interest. The committee then convened into closed session in accordance with the appropriate sections of the Virginia State Cade g2.2- 3711, 'After reconvening from the closed session, the committee members unanimously certified that only the items related to the confidential nature of the PPEA proposal were discussed. At that point, the committee unanimously recommended that County Administrator, John R. Riley, Jr., be authorized to award a contract to OWPR to perform a needs assessment study far the county government staff, as well as the school administration. OWPR currently has an open -ended contract with the Frederick County School Board to perform architecturallengineering services. A copy of their proposal to perform the needs assessment study is attached. {Attachment 1) FINANCE COMMITTEE REPORT - APPROVED The Finance Committee met in the First Floar Conference Room at 107 North Kent Street on Thursday, August 22, 2013 at 8:00 a.m. There were meetings with the outside agencies following the Finance Committee meeting, beginning at 9:15 a.m. in the Board of Supervisors meeting room. Member Ron Hottle was absent. The agenda was amended to add item 14. Items 3, 5, 6, 7, 8, 9, and 11 were approved under consent agenda. Upon a motion by Vice- Chairman DeHaven, seconded by Supervisor Fisher, the Board approved the consent agenda by the fallowing recorded vote: Richard C. Shickle Aye Charles S. DeHaven, Jr. Aye Christopher E. Collins Aye Gene E. Fisher Aye Robert A. Hess Aye Gary A. Lofton Aye Robert W. Wells Aye 1. The Department of Social Services requests an FY 2014 General Fund supplemental appropriation in the amount of $50,000. This amount represents a carry forward of FY 2013 fluids fox Strengthening Families Innovators for Success Council Project ($10,000 State funds) and a new phone system ($40,000 local funds). See attached memo, p. 6. The committee recommends approval. — Approved. Upon a motion by Vice - Chairman DeHaven, seconded by Supervisor Lofton, the Board approved the above request by the following recorded vote: Richard C. Shickle Aye Charles S. DeHaven, Jr. Aye Christopher E. Collins Aye Gene E. Fisher Aye Robert A. Hess Aye Gary A. Lofton Aye Robert W. Wells Aye 2. The Winchester Regional Airport requests an FY2014 Ai ort Ca ital Fund supplemental. appropriation in the amount of $4,43'1,90b and a Fund 10 supplemental appropriation in the amount of $499,004. These amounts represent the Airport Capital budget appropriation and the general fund share. The Airport Capital Fund request will require a public hearing. See attached information, p. 7 -17. The committee recommends advertising for public hearing and approval of the Fund 10 supplemental appropriation. — Approved. Upon a motion by Vice - Chairman DeHaven, seconded by Supervisor Hess, the Board approved the above request by the following recorded vote: Richard C. Shickle- Aye Charles S. DeHaven, Jr. Aye Christopher E. Collins Aye Minute Book iVumber 39 Board of Supervisors Regular Meeting of 09I�9113 !" f Gene E. Fisher Aye Robert A. Hess Aye Gary A. Lofton Aye Robert W. Wells Aye 3. The Parks and Recreation Director requests an FY 2014 General Fund su lemental appropriation in the amount of $25,DD0. This amount represents a donation from Old Woolen Mill LLC received in FY 2013. for the construction of a maintenance storage building at Clearbrook Park. See attached memo, p. I8. — Approved Under Consent Agenda. 4. The Public Works Director requests an FY 2014 General Fund supplemental appropriation in the amount of $99,061 and a Landfill Fund supplemental appropriation in the amount of $1,178,000. These amounts represent carry forwards of unspent FY 2013 funds. This request has been endorsed by the Public Works Committee. See attached information, p. 19 -21. The committee recommends approval. — Approved. Upon a motion by Vice - Chairman DeHaven, seconded by Supervisor Fisher, the Board approved the above request by the following recorded vote: Richard C. Shickle Aye Charles S. DeHaven, Jr. Aye Christopher E. Collins, Aye Gene E. Fisher � Aye Robert A. Hess Aye Gary A. Lofton Aye Robert W. Wells Aye 5. The Sheriff requests an FY 2014 General Fund su�plementai appropriation n_the amounts of $78,614 and $25,000. These amounts represent Internet Crimes Against Children (ICAC} grants awarded by the Department of Cximinal Justice (DCJS} and the Department of State Police. No local funds required. See attached information, p. 22 -31. — Approved Under Consent Agenda. 6. The Sheriff requests an FY 2013 General Fund supplemental appropriation in the amount of $775. This amount represents DARE donations received. See attached memos, p. 32- 34. — Approved Under Consent Agenda, 7. The Sheriff requests an FY 2013 General Fund, supplem_ ental_ appropriation in the amount of $5,423.95. This amount represents reimbursements for prisoner extraditions. See attached memos, p. 35 -36. — Approved Under Consent Agenda. $. The Fire & Rescue Chief requests an FY 2014 General Fund su lemental at7prapriation in the amount of $7,008.40, This amount represents unspent VDEM grant funds received in FY 2013. See attached memo, p. 37. — Approved Under Consent Agenda. 9. The Fire &Rescue- Chief requests an FY 2013 and an FY 2014 General Fund s�plemental appropriation in the arrlaunt of $4,428.99; This amount represents reimbursement for damaged fire gear received in FY 2013 and carried forward for FY 2014. See attached memo, p. 38. — Approved Under Consent Agenda. 10. The Fire & Rescue Chief requests an FY 2014 General Fund supplemental a ro riation in the amount of $850 000. This amount represents a budget for the EMS Revenue Recovery Program for six months. See attached memo, p. 39 -41. The committee recommends approval. — Approved. Upon a motion by Vice - Chairman DeHaven, seconded by Supexvisor Wells, the Board approved the above request by the following recorded vote: Richard C. Shickle Aye Charles S. DeHaven, Jr. Aye Minute Book Number 39 Boars of Supervisors Regular Meeting of 09/09/13 �: Christopher E. Collins Aye Gene E. Fisher Ayc Robert A. Hess Aye Gary A. Lofton Aye Robert W. Wells Aye 11. The Public Safety Communications Director requests an FY 2014 General Fund supplemental appropriation in the amount of $2,000. This amount represents a grant received from the Virginia E -911 Wireless Education Program. See attached memo, p. 42 -43. — Approved Under Consent Agenda. 12. The Public Safety Communications Director requests an FY 2014 General Fund supplemental appropriation in the amount of $200,000, of which $50,000 represents a carry forward of unspent FY 2013 funds and $150,000 represents a grant received from the Virginia #- 911 Services Board. Funds will be used far the dawn payment on a new upgraded 9 -1 -1 phone system. See attached information, p. 44 -50. The committee recommends approval. — Approved. Upon a n�otian by Vice - Chairman DeHaven, seconded by Supervisor Hess, the Board approved the above request by the following recorded vote: Richard C. Shickle Aye Charles S. DeHaven, Jr. Aye Christopher E. Collins Aye Gene E. Fisher Aye Robert A. Hess Aye Gary A. Lofton Aye Robert W. Wells Aye 13. The FinancelAudit Committee charter adopted by the Board of Supervisors requires an annual review and reassessment. See attached charter, p. 51 -52. The committee recommends reducing the number of Board of Supervisor representatives from four to three. — Approved. Upon a motion by Vice - Chairman DeHaven, seconded by Supervisor Lofton, the Board approved the above request by the following recorded vote: Richard C. Shickie Aye Charles S. DeHaven, Jr. Aye Christopher E. Collins Aye Gene E. Fisher Aye Robert A. Hess Aye Gary A. Lofton Aye Robert W. Wells Aye 14. The County Administrator requests a General Fund supplemental appropriation in the amount of $377,396.00. This amount represents funds reserved in the general fund that will need to be appropriated and transferred to the Development Project Fund for various road projects. Also requested is a Development Project Fund Supplemerital,_Approl?riation in the amount of $470,733.50. This amount represents the transfer from the General Fund in the amount of $377,396.00 and funds reserved in the project fund in the amount of $933,337.50. The committee recommends approval. — Approved. Upon a motion by Vice - Chairman DeHaven, seconded by Supervisor Fisher, the Board approved the above request by the following recorded vote: Richard C. Shickle Aye Charles S. DeHaven, Jr. Aye Christopher E. Collins Aye Gene E. Fisher Aye Minute Book Number 39 Board of Supervisors Regular Meeting of 09/09/33 o� Robert A. Hess Aye Gary A. Lofton Aye Robert W. Wells Aye 15. The Committee received presentations from requested outside agencies. There was a consensus to maintain FY 2014 budgets at current levels. Further discussions on the FY 2015 funding will continue during upcoming budget discussions. See attached, p. 54 -68. ** *Information Only * ** 1. The Finance Director provides a Fund 10 Transfer Report for FY 2013. See attached, p. 69 -72. 2. The Finance Director provides a Fund 10 Transfer Report for FY 2014. See attached, p. 73. 3. The Government Finance Officers Association {GFOA} has awarded the County the Award for Outstanding Achievement for Excellence in Financial Reporting for the June 30, 2012 Comprehensive Annual Financial Report (CAFR). This is the 27�' consecutive year that Frederick County has xeceived -this achievement. See attached, p. 74 -75. 4. The Government Finance Officers Association (GFOA) has awarded the County the Award for Outstanding Achievement in Popular Annual Financial Reporting for the June 30, 2012 Popular Annual Financial Report (PAFR }. This is the 6�' consecutive year that Frederick County has received this award. See attached, p. 76 -77. TRANSPORTATION COMMITTEE RERORT - APPROVED The Transportation Committee met on August 26, 2013 at 8:30 a.m. Members Present Members Absent Chuck DeHaven (voting} Mark Davis (liaison Middletown) Gene Fisher (voting) Christopher Collins {voting) James Racey (voting} Bryon Grigsby (voting) Lewis Boyer (liaison Stephens City) Gary Oates {liaison PC) ** *Items Requiring Action * ** 1. Rail Access Grant Request — (Resolution #013 -13} - Approved. Staff presented the information on the following pages regarding the request by Miller Milling for a Board resolution of support as they seek rail access funds for an expansion of their facilities. The following pages contain the request and project description as well as a draft resolution of Board support. Motion by Mr. Racey and seconded by Mr. Fisher to recommend support. Motion passed unanimously. Upon a motion by Vice- Chairman DeHaven, seconded by Supervisor Fisher, the Board adopted the resolution of support by the Frederick County Board of Supervisors of the Utilization of Industrial Access Railroad Track Funds. WHEREAS, Miller Milling has expressed its intent and desire to the Board of Supervisors to locate its commercial, business, or industrial operations in Frederick County; and WHEREAS, Miller Milling and its operation will require rail access; and Minute Book Dumber 39 Board of Supervisors Regular Meeting of 09/09/13 �� WHEREAS, the Officials of Miller Milling have reported to Frederick County their intent to apply for Industrial Access Railroad Track Funds from the Commonwealth of Virginia's Department of Rail and Public Transportation in the amount of $450,000; and WHEREAS, Miller Milling has requested that the Board of Supervisors provide a Resolution supporting its application for said funds which are administered by the Virginia Department of Rail and Public Transportation. NOW, THEREFORE, BE IT RESOLVED, that the Board of Supervisors of Frederick County, Virginia, hereby endorses and supports the application of Miller Milling for $450,000 in Industrial Access Railroad Track Funds; and BE IT FURTHER RESOLVED, that the Board of Supervisors hereby makes known its desire and intent to assist the Commonwealth Transportation Board in providing the maximum financial assistance to Miller Milling for the purpose of locating its business, commercial, ar industrial facility in Frederick County. ADOPTED This 9`�' day of September, 2013. The resolution was approved by the following recorded vote: Richard C. Shickle Aye Charles S. DeHaven, Jr. Aye Christopher E. Collins Aye Gene E. Fisher Aye Robert A. Hess Aye Gary A. Lofton Aye Robert W. Wells Aye x* *items Nat Requiring Action' *x 2. Through Truck Restriction Consideration for Routes 600 and 608 Supervisor � Lofton is in receipt of a request for consideration of a Truck Restriction for Routes 600 and 608 between Route 50 and Route 55. The citizen that contacted Mr. Lofton was concerned that the number of trucks has grown significantly on these roadways, particularly since the opening of Corridax H in West Virginia. Staff provided a number of items for the committee to review as they considered this request. Those items included traffic counts with truck percentages from 2001 and 2011, maps of potential alternative routes, and VDOT guidelines for truck restriction requests. Staff noted that while overall traffic volumes had increased, truck percentages had not increased during that time. In addition, potential alternative routes were significant and likely to negatively impact facilities with similar characteristics as chose proposed for restriction. Finally staff noted that a key consideration when VDOT determines whether to accept a truck restriction request is that they consider length of alternative routes as a key portion of the decision making process. Mr, Fisher noted that far vehicles trying to travel between Route 50 and Route 55, using the routes proposed for restriction didn't make a Iot of sense.- Route 259 would be a much better route. Mr. Fisher and Mr. Racey also noted that additional data would be useful such as origin and destination data for trucks utilizing Route 600 and 608. Mr. DeHaven noted that such data was not currently available and would be costly to gather. By consensus, the committee did not forward a recommendation that the Board. of Supervisors request a truck restriction for Route 600 and 608. 3. Children at Play Signage Minute Book Number 39 Board of Supervisors Regular Meeting of 09/09/13 i Recently, the County has received a number of requests for Children at Play signs in some of our residential areas. In 2012, VDOT updated their program far these signs to make them the responsibility of localities. In researching the issue in order to determine how to move forward with requests for these signs, what we found was that in many areas where localities are responsible for sign placement these signs are not allowed. Reasons given far not using these signs are many but the mast compelling reasons are as follows: 1. The Federal Highway Administration not only discourages use of these signs, but has completely removed them from the Manual of Uniform Traffic Control Devices, which is the guidebook for sign format and use throughout the country. 2. Studies have shown these types of signs to be ineffective. 3. Placement of these signs by a locality or state agency can be interpreted as encouragement or acknowledgment that playing in the street is an acceptable activity. This has led to liability concerns. 4. Inaccurate impression that areas without these signs may not have "children at play ". It is staff's recornrnendation that the Committee not consider requests for these signs. The Committee discussed the items outlined above and the attached materials and by consensus endorsed staff's recommendation. 4. Aylor Roacl Alternatives Following the public meeting held in the area and meetings with local residents, VDOT officials have made revisions to the chosen path for the Aylor Road realignment. Staff has attached the previous and the new recommendation for alignment. The Committee reviewed the attached alternatives and found no issues with the proposed revisions. 5, Revenue Sharing Design Funds Public Works and Planning staffs have recently completed interviews with on -call contractors far road design work in the County. The chosen cantractox will be qualified and eligible to begin design work on the Russell 150 roads and bridge and the Tevis Street connection. Staff is seeking a recommendation to the Board of Supervisors on the use of the $470,733.50 in transportation reserve funds toward design on the Russell 150 roads and bridge and Tevis Street connection. This will allow design to move ahead as planned and prepare us for use of construction dollars awarded by VDOT aver the past two fiscal years. Motion by Mr. Fisher and seconded by Mr. Racey to recommend approval for use of these funds toward design of revenue sharing projects. Motion passed unanimously. Note.: This is an action item on the Finance Committee report which is why it is not an action item here. PUBLIC HEARING PUBLIC HEARING - OUTDOOR FESTIVAL PERNIIT RE UEST OF CEDAR CREEK BATTLEFIELD FOUNDATION — REENACTMENT OF THE BATTLE Minute Sook Number 39 Board of Supervisors Regular Meeting of 09/U9113 `� i OF CEDAR CREEK. PURSUANT TO THE FREDERICK COUNTY CODE, CHAPTER 86, FESTIVALS; SECTION 86 -3, PERMIT REQUIRED; APPLICATION; ISSUANCE OR DENIAL; FEE; FOR AN OUTDOOR FESTIVAL PERMIT. FESTIVALS TO BE HELD ON SATURDAY, OCTOBER 19 2013 FROM 10:00 A.M. TO 5:30 P.M. AND SUNDAY OCTOBER 20 2013 FROM 10:00 A.M. TO 4:00 P.M., TO BE HELD ON THE GROUNDS OF CEDAR CREEK BATTLEFIELD, 8437 VALLEY PIKE, MIDDLETO_W_ N, ,VIRGINIA, 22645, PROPERTY OWNED BY CEDAR CREEK BATTLEFIELD FOUNDATION. - APPROVED Administrator Riley advised this was a request for an outdoor festival permit by the Cedar Creek Battlefield Foundation for the Reenactment of the Battle of Cedar Creek. The festival will be held an Saturday, October 19, 2013 from 10:00 A.M. to 5:30 P.M. and Sunday, October 20, 2013 from 10:00 A.M. to 4:00 P.M. to be held on the grounds of Cedar Creek Battlefield, property owned by the Cedar Creek Battlefield Foundation. 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 Wells, the Board approved the outdoor festival permit for Cedar Creek Battlefield Foundation. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Chazles S. DeHaven, .lr. Aye Christopher E. Collins Aye Gene E. Fisher Aye Robert A. Hess Aye Gary A. Lofton Aye Robert W. Wells Aye PUBLIC HEARING - AMENDMENT TO THE 2013 -2014 FISCAL YEAR BUDGET — _PURSUANT TO SECTION 15.2 -2507 OF THE C ©DE OF VIRGINIA, 2950 AS AMENDED THE BOARD OF SUPERVISORS WILL HOLD A PUBLIC HEARING TO AMEND THE FISCAL YEAR 2013 -2014 BUDGET TO REFLECT: AIRPORT CAPITAL FUND SUPPLEMENTAL APPROPRIATION IN THE AMOUNT OF X4,437,906. THIS AMOUNT REPRESENTS THE NEW PROJECTS AND BALANCES FOR PROJECTS IN PROGRESS FOR FISCAL YEAR 2013 -2014 AT THE WINCHESTER REGIONAL AIRPORT. — RESOLUTION #014 -13 - APPROVER Administrator Riley advised this was a resolution to amend the FY 2013 -2014 Fiscal Year Budget to reflect an Airport Capital Fund supplemental appropriation in the amount of 54,x}37,906. This amount represents the new projects and balances for projects in progress far Fiscal Year 2013 -2014 at the Winchester Regional Airport. Chairman Shickle convened the public hearing. There were no public comments. Minute Book Number 39 Board of Supervisors Regular Meeting of 091 ©9113 R f Chairman Shickle closed the public hearing. Upon a motion by Supervisor Fisher, seconded by Vice - Chairman DeHaven, the Board approved the resolution amending the Fiscal Year 2013 -2014 Budget Amendment. WHEREAS, Pursuant to Section 15.2 -2507 of the Code. of Virginia, 1 950, as Amended, the Frederick County Board of Supervisors, meeting in regular session and public hearing held on September 9, 2013, took the following action: NOW, THEREFORE, BE IT RESOLVED, by the Board of Supervisors that the FY 2013 -2014 Budget be Amended to Reflect: Airport Capital Fund Supplemental Appropriation in the Amount of $4,437,906. This Amourit Represents the New Projects and Balances for Projects in Progress for Fiscal Year 2013 — 2014 at the Winchester Regional Airport. The above motion was approved by the following resolution: Richard C. Shickle Aye Charles S. DeHaven, Jr. Aye Christopher E. Collins Aye Gene E. Fisher Aye Robert A. Hess Aye Gary A. Lofton Aye Robert W. Wells Aye PLANNING COMMISSION BUSINESS CONDITIONAL USE PERMIT #03 -13 OF VERIZON WIRELESS AND BERTHA MCILWEE TRUST SUBMITTED BY DONOHUE & STEARNS PLC FORA 195 FOOT TOWER AND EQUIPMENT SHELTER. THE PROPERTY IS LOCATED AT 2250 BACK MOUNTAIN ROAD (ROUTE 640), AND IS IDENTIFIED WITH PROPERTY IDENTIFICATION NUMBER 49 -A -28 IN THE BACK CREEK MAGISTERIAL DISTRICT. (POSTPONED _F_ROM BOA_ RD MEETING OF AUGUST 14, 2013 }. — APPROVED WITH ADDED CON - DITIONS Zoning Administrator Mark Cheran appeared before the Board regarding this item. He stated the Board postponed action on this conditional use permit application at its August 14, 2013 meeting. He noted there were several questions and concerns regarding the proposed lighting of the tower and the applicant had not talked to the Sanitary District Advisory Committee regarding access. Since that meeting, the applicant has met with the advisory committee and they have worked through the issues and are in a position to move the project forward. He concluded by saying, if the Board felt it appropriate, staff could add conditions to the permit. Stephanie Petway, Verizon Wireless, addressed the Board on behalf of the applicant. She advised that Verizon had met with the Shawneeland Sanitary District Advisory Committee and discussed the access issue. They looked at the site again and it can be accessed off of Back Mountain Road thereby avoiding any sanitary district roads during construction. She went on to say Verizon has agreed to pay the yearly assessment in order to have site access from the Mingte Book Number 39 Board of Supervisors Regular Meeting of x9109/(3 �•. •• sanitary district roads for tower maintenance. She noted Verizon would have to make a -small curb cut of 12 to 1S feet. She concluded by saying Verizon would pay for and repair any damages. Supervisor Hess cited condition number 2 and asked if the reference to other local providers would also include Internet service providers. Miss Petway responded yes. She went on to say this particular pole would allow two other providers to co- locate on the pole. Supervisor Lofton thanked the applicant and staff for meeting with the Shawneeland Sanitary District Advisory Committee. He advised the committee was comfortable with the details that have been worked out. He went on to say there was a need to add two more conditions to this particular conditional use permit. The f rst condition was that Verizon would be listed as a lot owner in the district so they could pay the $500 annual fee for road maintenance. The second condition would be for any other providers co- locating on the tower to be listed as lot owners. Miss Petway stated Verizon did not have a problem with the added conditions. She went on to say the applicant would be agreeable to leasing space to any provider and nofi just cellular providers. She concluded by saying construction access by any other providers would be via Back Mountain Road. Upon a motion by Supervisor Lofton, seconded by Supervisor Hess, the Board approved Conditional Use Permit #03 -13 with the additional conditions. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Charles S. DeHaven, Jr. Aye Christopher E. Collins Aye Gene E. Fisher Aye Robert A. Hess Aye Gary A. Lofton Aye Robert W. Wells Aye DISCUSSION — PROPOSED ORDINANCE AMENDMENTS — HEIGHT RE UIREMENTS IN THE EM STRACTIVE MANUFACTURING Ml (LIGHT INDUSTRIAL), AND M2 (INDUSTRIAL GENERAL) DISTRICTS, AUTOMATED FACILITY HEIGHTS AND CONDITIONAL USE PERMIT REQUIREMENTS. —NOT SENT FORWARD FOR PUBLIC HEARING Senior Planner Candice Perkins appeared before the Board regarding this item. She advised staff received a request to increase the maximum height in the EM, M1, and M2 Districts. Currently the EM District height limit is 60 feet by right. The proposed amendment Minute Book Number 39 Board of Supervisors Regular Meeting of 09/09/13 � i would allow an unmanned structure of 200 feet with a conditional use permit. The increase height would require additional setbacks. The height limit in the M 1 and M2 Districts is 60 feet by right. The proposed amendment would allow an unmanned structure of 150 feet with a conditional use permit. The increased height would require additional setbacks. She went on to say there were supplementary use regulations added to the ordinance. She concluded by saying staff was seeking the Board's guidance regarding public hearing. Supervisor Hess asked if there were any concerns expressed by Fire and Rescue. Senior Planner Perkins responded by saying a copy of the ordinance was sent to Fire and Rescue, but staff had not received a response. tall. Supervisor Lofton asked if there were any structures in the county, which were 200 feet Senior Planner Perkins responded no. She noted there were structures at HP Hood, which were 100 feet tall. Supervisor Fisher stated he thought the proposal should go back and start over in the process. He did not like associating conditional use permits with permanent structures because they are expensive to build and tear down. Senior Planner Perkins advised the Planning Commission had the same concern. She went on to say staff tried to address the concerns raised. Attempts were made to modify to make sure the conditional use permit was not revoked unless the violations were specific violations to the conditional use permit. Vice - Chairman DeHaven supported Supervisor Fisher's comments to have continuing dascussians. Supervisor Fisher stated he did not think this should be a conditional use permit and he was having trouble agreeing to a conditional use permit far this type of use. Vice�Chairman DeHaven stated there was enough concern that the committee and the Planning Comrr�ission should try to seek a middle ground. Senior Planner Perkins stated the board could proceed with the height as a by -right use and if the Board was uncomfortable with the height then. staff would need to revisit it. Vice - Chairman DeHaven stated there may be other structures besides silos that the Board should look at. Minute Book Number 39 Board of Supervisors Regular Meeting of 09/09/13 Supervisor Hess asked if some of the changes being considered might take the Board out of the process. Senior Planner Perkins responded if the use was made by -right it would not require Board approval. Upon a motion by Supervisor Fisher, seconded by Supervisor Collins, the Board voted not to send this item forward far public hearing. _ The above motion was approved by the following recorded vote: Richard C. Shickle Aye Charles S. DeHaven, Jr. _Aye Christopher E. Collins Aye Gene E. Fisher Aye Robert A. Hess Aye Gary A. Lofton Aye Robert W. Wells Aye DISCUSSION — PROPOSED ORDINANCE AMENDMENTS —TDR TRANSFER OF DEVELOPMENT RIGHTS REVISIONS. - RESOLUTION #015 -13 -SENT FORWARD FOR PUBLIC HEARING Senior Planner Perkins appeared before the Board regarding this item. She advised this was a proposed ordinance to amend the Transfer of Development Rights Ordinance. She nated� the following changes: 1. Changes to the TDR density table. 2. Contiguous sending properties. 3. Density.conversion rate. . She noted the proposed changes were based on the Development Impact Model and they had been reviewed by the Development Review and Regulations Committee and the Planning Commission. Chairman Shickle stated he had never considered there were RA (Ruxal Areas) properties in the Urban Development Area and he never thought this would be a way to circumvent the rezoning process. Senior Planner Perkins responded that receiving properties must be: located in the Urban Development Area, served by water and sewer, and planned for residential development. She went on to say transfer of development rights is only viable for RA properties as in -fill development. Minute Book Number 39 Board of supervisors ReguEar Meeting of 09/09/13 �� I Vice - Chairman DeHaven stated the program was not originally sold that way, but that is what the ordinance says. He went an to say he thought it was a viable incentive for people to use the TDR program to keep development in areas already served by county services. Upon a motion by Supervisor Collins, seconded by Vice- Chairman DeHaven, the Board approved the resolution directing the Planning Commission to hold a public hearing regarding Chapter 165, Zoning, Article III — Transfer of Development Rights (TDR) Program, Part 302 — Sending and Receiving Properties, 8165- 302.01 Sending Properties; 8155- 302.02 Receiving Properties, § 165- 302.03 Calculation of Development Rights. WHEREAS, the Frederick County Planning Department has dxafted three proposed revisions to the Transfer of Development Rights (TDR) Ordinance. The proposed revisions are: (1) updates to the Transfer of Development Rights (TDR) Density Table, (2} an addition that allows the use of contiguous parcels for TDR transfers, and (3) inclusion of a density right conversion that would apply to density rights being applied to receiving properties; and WHEREAS, the Development Review and Regulations Committee (DRRC} reviewed the density revisions of April 25, 2013 and reviewed the allowance for contiguous parcels and the TDR conversion rate an July 25, 2013 and recommended these revisions be forwarded to the Planning Commission and Board of Supervisors; and WHEREAS, the Planning Commission discussed the density revisions on May 15, 2013 and again along with the allowance for contiguous parcels and the TDR conversion rate at their regularly scheduled meeting on August 21, 2013; and WHEREAS, the Board of Supervisors discussed the proposed revisions at their regularly scheduled meeting on September 9, 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 make the proposed revisions to the TDR Ordinance. NOW, THEREFORE, BE IT REQUESTED by the Frederick County Board of Supervisors that the Frederick County Planning Commission shall hold a public hearing to consider the proposed revisions to the TDR Ordinance. Passed this 9�' day of September, 2013 by the following recorded vote: Richard C. Shickle Nay Charles S. DeHaven, Jr. Aye Christopher E. Collins Aye Gene E. Fisher Aye Robert A. Hess Aye Gary A. Lofton Aye Robert W. Wells Aye BOARD LIAISON REPORTS Administrator Riley reported that he delivered the resolution honoring the late George Ludwig to his family and they were very appreciative. CITIZEN COMMENTS Minute Book Number 39 Board of Supervisors Regular Meeting of 04/09/13 092 Marry McGrew, Opequon District, stated he did not appreciate the Chairman's � comments. He stated he was a man of the highest integrity and he would not incite masses or fabricate information. He went on to say he did not appreciate the Chairman intimating that. Jay Marts, Gainesboro District, stated he was not sure he understood the "if the shoe fits wear it comment ". He asked if this was a way of discrediting citizens' comments. He went on to � say he did take it a bit personally. He concluded by saying he would like to hear other board members comments regarding the statements about citizen groups fabricating information. Pamela McKinley, Back Creek District, addressed the Board regarding the proposed � new county office building. She stated that she understood the current building houses county � employees and the sheriff department and several conference rooms within approximately � 100,000 square feet. She advised that she had requested a tour of the facility, for her and some others, through Assistant County Administrator Kris Tierney. She went on to say a new phone system had been installed in the current facility at a cost of $400,000. She asked why this new building has become a priority all of the sudden. She went on to ask "aren't there county departments that need access to the court ?" She suggested moving the county offices would result in the county having to lease office space in the current building for these departments, at an added expense to the taxpayer. She concluded by asking that taxpayers not be burdened with taxes far 20 years to pay the debt and urged the Board to give additional thought to this. Margaret Hottle, Back Creek District, address the Board regarding the proposed new County office building. She stated that most of the information regarding the costs is being kept proprietary. She stated it had been announced that the cost for the basic building could be $�}0 million, which is close to $300 per square foot. This proposed cast per square foot is above the average construction cast. She went on to say the $40 million figure does not include costs for ` architectural and engineering services, legal fees, financing casts, land, site preparation, roads, the bridge, utilities, furniture, phone system, parking lot, etc. She stated the cost would probably exceed that $40 million figure. She concluded by saying the taxpayers would be responsible for the debt payment and the taxpayers do not need this building. BOARD OF SUPERVISORS COMMENTS Supervisor Lofton stated he did not take the Chairman's remarks as accusatory. He noted the Sheriff's Department moved out of the mint Judicial Center, not the current County office Minute Book Number 39 Board of Supervisors Regulsr Meeting of 04/09/13 �• building. He went on to say he thought this discourse was great and this proposal was "nowhere near to being a done deal." Supervisor p'isher stated some of the questions being raised by the citizens are some of the same ones he has. He went on to say that going through this process is helping to get those questions answered. Supervisor Collins stated "I think a better term than misinformation is lack of information." He went on to say there have been a lot of statistics mentioned tonight about how much this project is going to cost. "If that is how much it is going to cost I am not going to be in favor of it. We don't know what the cost is because we don't have everything that is in the pat." He noted the new phone system installed in the current building was portable. He concluded by saying he was a member of the Sheriff s Department and helped them move out of their space in the Joint Judicial Center. Administrator Riley suggested that those interested in touring the building begin with. a tour of the school board office, since the proposal being considered is for a consolidated office building. Chairman Shickle stated that going forward he would listen intently to the various speakers and would try to correct any misinformation first personally, but then publicly if the first step did not work. He went an to ask if people decide to tour the County office building that they not say "Chairman Shickle told me to ". He concluded by saying thank you for your attention and he would try to do better. Supervisor Lofton stated there was an information sheet from a young person seeking an appointment to the Handley Regional Library Board. He commended the individual for taking the opportunity to ask to be put on a board and thanked them for their interest. Chairman Shickle took a moment to refer the Board back to Committee Appointments and announced that he had appointed Angela Rudolph, a local CPA, to the Finance Committee. Vice - Chairman DeHaven recognized the finance Director and staff for receiving an award from the Govermnent Finance Officers' Association for reporting. This is the 27tH consecutive year they have received this award. They were also recognized by GFOA for the Popular Annual Financial Report for the sixth consecutive year. He congratulated them for these achievements. ADJOURN Minute Book Number 39 Board of Super�isars Regular Meeting of 09/09/13 09� UPON A MOTION BY VICE - CHAIRMAN DEHAVEN, SECONDED BY SUPERVISOR COLLINS, THERE BEING NO FURTHER BUSINESS TO COME BEFORE THIS BOARD, THIS MEETING IS HEREBY ADJOURNED. (8:29 P.M.) a .. �__� e Richard C. Shickle Chairman, Board of Supervisors ri R. iley, Jr. Clerk, Board of Supervisors Minutes Prepared By: �' Jay E. Ti bs Deputy Clerk, Board of Supervisors Minute Sook Number 39 Board of Supervisors Regular Meeting of 09/09/13