Loading...
December 11 2013 Regular Meetng MinutesX60 A Regular Meeting of the Frederick County Board of Supervisors was held on Wednesday, December 11, 2013, at 7:00 P.M., in the Board of Supervisors' Meeting Room, 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 led the PIedge 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 Lofton, the Board approved the agenda 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: - Resolution Supporting First Day Introduction Requirement for Bills with Local Fiscal Impacts —Tab H; - Technology Committee Report of November 6, 2013 —Tab I; - Te.chnology Committee Report of December 4, 2013 —Tab J; - Public Works Committee Report —Tab K; and - Road Resolutions --- Wakeland Manor Subdivision, Phases 7, 12, 13, and 14, and Fieldstone Subdivision; Channinl; Drive —Tab T. Upon a motion by Supervisor Fisher, seconded by Supervisor Hess, the Board approved the consent agenda by the fallowing recorded vote: Minute Book Number 39 Board of Supervisors Regular Meeting of 1ZI11113 161 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 CITIZEN COMMENTS Say Marts, Gainesboro District, read the following: "Chairman Shickle, Members of the Board, Administrator Riley: I attended the Frederick County Public Works Committee meeting this month. The "Space Planning Needs Assessment Summary" report for the proposed new County Administration building was on the agenda as it is tonight. I was actually surprised that there was little to no discussion an what to do with the data in this report. Simple things, like de- conflicting the common area requirements listed by each department (kitchenette, restroom, conference roam, reception area, storage, work room, etc...). Additionally, there is another 13,OOOsq' of County /Schaal shared space. Who, haw, &when will this detailed planning be accomplished? There was no direction provided in the committee meeting. Will there be any quality control on the numbers ?? Is this just a Department "Wish- List ". There are many large space increases. Is anyone going to ask far a further justification? Why does the Registrar have a 141 %increase in space, the EDC 144 %, Co4p ExtensionS6 %, County Attorney 74%. These huge expansions are based upon what? Will you ask the question? I am. Will anyone give consideration to alternative proposals? Perhaps there are some components of the County Government that could work away from the `flag pole "? Perhaps this would accomplish the same result at a much Iawer cost to taxpayers. Take a look at the County Registrar &Virginia Coop Extension office. How about the joint offices? Frederick/Winchester Environmental Health Office or Frederick/Winchester Service Authority. Is it wise to move them out of the city? Should you move the Commonwealth Attorney away from the Judicial Center? The needs assessment seems somewhat incomplete. While the County Depts provide a comparison of current &future requirements, the School Board does not. They only list requested space and have also included a nebulous requirement of "Future Growth "for 4, 725 sq'. It was my understanding that the requested space was the future growth. When I looked at the overall numbers, I see Current Gross County Departments (sq') = 100, 000 Cumulative Gross County Departments (Sq') = 10,207 If this is the case, I see no requirement to move or build at all. Your future planning requirements could be satisfied simply by moving a department or two to another space or Converting Conference room space. Another factor to consider ... With the current trends, in Office Property, "Days on the Market" near 240 cY� prices continually dropping from $190 sq' down near 140 sq', should the County be building more, especially since the current building will be paid far in December 2014? I am concerned that this Needs Assessment Summary is just another block being checked on the hasty march to building this un- needed structure. Minute Baok Number 39 Board of Supervisors Regular Meeting of 12/11/13 162 I have spoke before this Board previously about the process you have used in an attempt to reach a decision on this proposal. I believe it to be flawed. I ask you to reject this proposal and adopt the Virginia Public Procurement Act and Procurement Process Best Practices. We should not be in a hurry to put the County in more debt. Take this just completed Needs Assessment as the ,l S` step in a process, not the last step. Put it fn the hands of the Planning Commission and the Comprehensive Plans &Programs Committee (CPPC). Allow them to do their work with Citizen 1'nvolvement. Thank you for the opportunity to address the hoard. Jay L. Marts " BOARD OF SUPERVISORS COMMENTS There were no Board of Supervisors' comments. MINUTES Upon a motion by Vice- Chairman DeHaven, seconded by Supervisor Fisher, the Board approved the minutes from the November 13, 2013 regular meeting. 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 WASTE TO ENERGY PRESENTATION BY FREDERICK - WINCHESTER SERVICE AUTHORITY DIRECTOR Jesse Moffett, Executive Director of the Frederick- Winchester Service Authority, appeared before the Board to provide an update on the Service Authority's proposed Opequon facility waste to energy concept. RESOLUTION #026 -13 CONSENTING TO NEW PROJECTS TO BE UNDERTAKEN AND FINANCED BY THE FREDERICK - WINCHESTER SERVICE AUTHORITY PURSUANT TO THE OPE UON WATER RECLAMATION FACILITY. INTERMUNICIPAL AGREEMENT AND OTHER MATTERS THEREWITH - APPROVED Upon a motion by Supervisor Collins, seconded by Supervisor Hess, the Board approved the resolution consenting to new projects io be undertaken and financed by the Frederick- Winchester Service Authority pursuant to the Opequon Water Reclamation Facility Intermunicipal Agreement and other matters. WHEREAS, the County of Frederick, Virginia (the "County "), the City of Winchester, Virginia (the "City "), the Frederick County Sanitation Authority (the "Sanitation Authority "} and Frederick - Winchester Service Authority (the "Service Authority ") have entered into the Opequon Water Reclamation Facility IntermunicipaI Agreement dated as of April 16, 2048 (the Minute Baok Number 39 Board of Supervisors Regular Meeting of 12/11/13 "Intermunicipal Agreement "), for the purposes of providing for the construction of such wastewater treatment facilities as are agreed upon from time to time and the financing, operation and maintenance of all such facilities and for providing security for the bonds to be issued by the Service Authority in connection with such facilities; WHEREAS, pursuant to such Agreement and its predecessor, the Service Authority has undertaken from time is time the construction, expansion and improvement of the Opequon Water Reclamation Facility (the "Facility ") and has issued from time to time xevenue bonds to finance such undertakings; WHEREAS, the Service Authority has determined to undertake a series of projects at the Facility that will provide some ar all of the improvements as further described in the executive summary attached hereto as Exhibit A (collectively, the "New Projects " }; WHEREAS, the Service Authority has further determined to finance the New Projects by the issuance of one or more additional series of revenue bonds (the "Bonds ") pursuant to the Agreement of Trust dated as of October 1, 1985, as supplemented and amended from time to time (collectively, the "Trust Agreement " }, secured in part by the payments to be made in accordance with the terms of the Intermunicipal Agreement; WHEREAS, pursuant to Article III, of the Intermunicipal Agreement, the Service Authority has requested the consent of the County, the City and the Sanitation Authority with respect to the undertaking of the New Projects and the issuance of the Bonds; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF FREDERICK COUNTY, VIRGINIA: 1. The Board of Supervisors {the "Board ") of the County approves and consents, far purposes of the provisions of Section 3.1 of the Intermunicipal Agreement, to the Service Authority's undertaking of the New Projects and the issuance of the Bonds in an aggregate principal amount not to exceed $53,000,000, for the purposes of financing the New Projects, funding debt service and operating reserve funds and paying related issuance costs. 2. The Board acknowledges that the Bonds will be payable from and secured by amounts received by the Service Authority from the payments assessed under the Intermunicipal Agreement. 3. The Board authorizes and consents to the inclusion of County information in the Official Statement {in its preliminary and final forms) to be prepared by the Service Authority for purposes of marketing the Bonds and hereby directs County staff to assist the Service Authority in the preparation of such County disclosure. 4. The County Administrator is hereby authorized and directed to. execute and deliver such documents and certificates as are necessary to enable the Service Authority to issue the Bonds and to finance the New Projects, including, but not limited to, a continuing disclosure agreement and closing certificates requested by the Service Authority and its bond counsel. Any other County official so designated by the County Administrator is hereby similarly authorized and directed to execute and delivery such documents and certificates. 5. All other acts of the officers of the County, heretofore or hereafter taken, that are in confarnrity with the purposes and intent of this Resolution and in furtherance of the issuance and sale of the Bonds and the financing of the New Projects by the Service Authority are hereby approved, ratified and confirmed. 6. Nothing in this Resolution or in the lntermunicipai Agreement is or shall be deemed to be a lending of the credit of the County of the City to the Service Authority or to any holder of any of the Bonds or to any other person, and nothing herein contained is or shall be deemed to be a pledge of the faith and credit or the taxing power of the County or the City within the meaning , of the Constitution of Virginia. 7. This Resolution shall take effect immediately. Minute Book dumber 39 Board of Supervisors Regular Meeting of 12/11/13 1s4 The above motion was approved by the following recorded vote: Richard C. Shiekle 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 APPOINTMENT OF JOSHUA HUMMER AS FREDERICK COUNTY REPRESENTATIVE TO THE MPO CITIZENS ADVISORY COMMITTEE (CAC) - APPROVED Upon a rnotian by Supervisor Lofton, seconded by Supervisor Wells, the Board appointed Joshua Hummer as Frederick County representative to the MPO Citizens Advisory Committee. The above motion was approved by the following recorded vote: Richard C. Shiekle 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 HEATHER MCKAY AND RUTH BODEN AS MEMBERS -AT -LARGE TO THE EXTENSION LEADERSHIP COUNCIL - APPROVED Upon a motion by Supervisar DeHaven, seconded by Supervisor Lofton, the Board reappointed Heather McKay and Ruth Boden as members -at -large to the Extension Leadership Council. This is a four year appointment. Term expires February 13, 2018. The above motion was approved by the following recorded vote: Richard C. Shiekle 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 SCHOOL FINANCE DIRECTOR TO CONSIDER FY14 SCHOOL CONSTRUCTION FUND BUDGET ADJUSTMENT AND SCHEDULE PUBLIC HEARING DATE — SCHEDULED PUBLIC HEARING FOR JANUARY 8, 2U14 Administrator Riley advised this was a request from the Frederick County School Board for an FY 2014 School Construction Fund budget adjustment in the amount of $45,500,000 Minute BooEc 1�'umber 39 Board of supervisors Regular Meeting or 12/11/13 ��5 which is the remaining appropriation needed for the replacement Frederick County Middle School. Upon a motion by Supervisor Fisher, seconded by Vice - Chairman DeHaven, the Board approved a budget public hearing for January $, 2014. The above motion was approved 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 RE VEST FROM THE COMMISSIONER OF THE REVENUE FOR REFUND - APPROVED Administrator Riley advised this was a request from the Commissioner of the Revenue far a supplemental appropriation and to authorize the Treasurer to refund American Telephone & Telegraph the amount of $4,536.55, fox an adjustment io the 2013 annual public service corporation assessment based on information. as required from the State Corporation Commission. Upon a motion by Supervisor Lofton, seconded by Supervisor Wells, the Board authorized the supplemental appropriation and refund request. 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 REVISED RESOLUTION #027 -13 FOR NAVY FEDERAL CREDIT UNION - APPROVED Upon a motion by Supervisor Hess, seconded by Supervisor Fisher, the Board approved the revised resolution for 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 jobs; 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 far the County of Frederick, Virginia, does hereby approve and appropriate the payment of $250,000.00 in installments as stated in the Minute Book Number 39 Board of Supervisors Regular Meeting of 12/11/13 ass 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 the Board of Supervisors for the County of Frederick, Virginia, does hereby approve and appropriate the payment of $250,000.00 to the Industrial Development Authority of Frederick County, Virginia fram the Governor's Development Opportunity Fund 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 11�' day of December of 2013. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Charles S. DeHaven, Jr. Aye Christopher E. Cabins Aye Gene E. Fisher Aye Robert A. Hess Aye Gary A. Lofton Aye Robert W. Wells Aye RESOLUTION #028 -13 SUPPORTING FIRST DAY INTRODUCTION RE UIREMENT FOR BILLS WITH LOCAL FISCAL IMPACTS — APPROVED UNDER CONSENT AGENDA WHEREAS, many local governing bodies in Virginia have an ever- growing concern about the impact of state mandates and cost shifCing on localities; and WHEREAS, Section 30 -19.03 of the Code of Virginia states that the Commission on Local Government shall prepare and publish a statement of fiscal impact "whenever any bill requiring a net additional expenditure by any county, city, or town, or whenever any bill requiring a net reduction of revenues by any county, city, or town, is filed during any session of the General Assembly "; and WHEREAS, due to limited time and resources, numerous bills ftting this criteria have been submitted and gone through the legislative process during the General Assembly session without a review of laeal fiscal impacts; and WHEREAS, a need exists for additional time and resources to perform this review and provide such information during the rigid procedural confines of the current legislative process; and WHEREAS, we believe it is critical that lawmakexs have better and timelier information on the fiscal impact to localities when considering bills and budget items. NOW, THEREFORE, BE iT RESOLVED that the Board of Supervisors of the County of Frederick, Virginia, hereby requests that the General Assembly support measures that require its members to file bills with local fiscal impacts as early as possible, but no later than the first day of session. COMMITTEE REPORTS Minute Book Number 39 Board of Supervisors Regular Meeting of I2111/33 TECHNOLOGY COMMITTEE REPORT OF NOVEMBER 6 2013 — APPROVED UNDER CONSENT AGENDA The Board of Supervisors Information Technology Committee met on Wednesday, November 6, 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., and Quaiser Absar. Committee members absent were: Robert Wells, Todd Robertson, and Brian Madagan. Other present included: Walter Banks, IT Director; Kris Tierney, Assistant County Administrator; and Alisa Scott, Administrative Assistant. The committee submits the fallowing: ** *Items NOT Requiring Board Action * ** 1. Walter Banks gave updates on Microsoft's announcement that they will no longer support Microsoft XP Operating Systems. The IT department is currently confirming the amount of operating systems and computers it will need to replace over the 2014 -2015 budget year in response to this announcement. A global strategy of implementing annual updates using a percentage of inventory method was discussed. 2. Wolfer Banks discussed upcoming trials and demos for virtual desktops and Help Desk Software. 3. Walter Banks and Kris Tierney discussed the Broadband Public Meeting Agenda for November 14�' to format the meeting according to the goal of facilitating the improvement of broadband in Frederick County. TECHNOLOGY COMMITTEE REPORT OF DECEMBER 4 2013 — APPROVED UNDER CONSET AGENDA The Board of Supervisors Information Technology Committee met on Wednesday, November b, 2013 at 8:15 a.m., in the First Floor Conference Roam, County Administration Building, 107 North Kent Street, Winchester, Virginia. Present were: Gary Lofton, Chairman, Charles S. DeHaven, Jr., Quaiser Absar, and Todd Robertson. Committee members absent were: Bob Wells and Brian Madagan. Others present included: Andrew Robbins, Commonwealth's Attorney's Office; Cheryl Shiffler, Finance Director; Shoran Kibler, Assistant Finance Director; Walter Banks, IT Director; Kris Tierney, Assistant County Administrator; Patrick Fly, GIS Manager; and Alisa Scott, Administrative Assistant. The Committee submits the following: NONE ** *Items Requiring Board Action * ** ** *Items NOT Requiring Board Action * ** 1. Recommendation to Forward to the Finance Committee a Request for Supplemental Appropriation for the Purchase of Software Unlimited Case "Management System far the Commonwealth's Attorney's Office in the Amount of $140,000.00 with a Portion of the Funds, $40,000, to Increase Host and Storage to Expand Current Environment. The software is part of a state -wide replacement due to the current software, VCAIS is no longer offering support potentially resulting in loss of all data and functionality. Through the Commonwealth's Attorneys' Services Counsel (CASC }, over 35 offices have banded together and joined Prince Edward County in submitting an RFP. The winning vendor is Software Unlimited offering significant savings to offices that purchase their programming packages through the CASC consortium. Minute Bvok 1Sumber 39 Board of Supervisors Regular Meeting of 12/11/13 i The vendor and pricing have been reviewed by Mr. Banks and met with approval alongside iwo recommendations. The first recommendation is that the Premium Document Package be purchased in order to allow a paperless office and access to all files everywhere, including the courtroom. The second recommendation is chat additional hardware be purchased in order to provide adequate data storage. Mr. DeHaven stated he would recommend this request be forwarded to the Finance Committee for purchase this fiscal year, if the quote expires before the end of the fiscal year, which would result in the County not being able to take advantage of the $13,000 discount. However, if the quote can be extended into the next fiscal year, he would prefer this item be included as part of next year's budget. Upon a motion by Mr. DeHaven, seconded by Mr. Robertson, the Committee unanimously recommended the Finance Committee approve a General Fund supplemental appropriation in the amount of $140,000.00, with funds to be taken from unreserved fund balance. 2. IT Director Provides a List of Computers with XP Operating Systems that are in Need of Replacement Due to Microsoft No Longer Offering Support and Subsequently Resulting in a High Security Risk to the Network. The Windows XP operating system will be discontinued as of April 2014. The committee agreed that the list should be refined to include strictly needed computers, broken out by department, in order of importance. The committee requested a justification from each department as to the amount/type of computers needed for operations. Each department head should write a qualifying statement. This list will be reviewed prior to the January 8, 2014 BOS IT Committee meeting and at chat time the BOS IT Committee will forward a recommendation to the Finance Committee with supporting quotes. PUBLIC WORKS COMMITTEE REPORT — APPROVED UNDER CONSENT AGENDA The Public Works Committee met on Tuesday, December 3, 2013 at 8:00 a.m. All members were present. The following items were discussed: ** *Items Not Requiring Action * ** 1. Needs Assessment Study The committee discussed the results of the needs assessment study that had been performed by OWPR, Inc, for a proposed new county office complex. The study included the potential ten (10} year office needs for the county government administration and the county school administration. The results of the study indicated a total need of 164,128 square feet. However, it was the consensus of the committee that there were areas that could be reduced andlor shared to fit within the 150,000 square feet highlighted in the recent PPEA proposal. This conclusion will be forwarded to the board for their consideration. It should be noted that Mr. David Ganse abstained from any discussion of this topic because of a possible conflict of interest. 2. Stormwater Ordinance Update Deputy Director of Public Works, Mr. Joe Wilder, indicated that he is incorporating additional minor changes dictated by the Department of Environmental Quality (DEQ) in the proposed stormwater ordinance. The revised draft will then be presented to the siormwater committee on December 18, 2013 far their final review and comment. In order to meet the January 15, 2014 draft submittal deadline imposed by DEQ, Mr. Wilder requested that he be permitted to send the draft ordinance accompanied by an executive summary directly to the board in time far their scheduled January 8, 2014 meeting. He plans to attend this meeting to answer any questions pertaining to the proposed ordinance. 3. Brief Discussion of Fiscal Year 2014/2015 Budgets Minute Book Number 39 Board of Supervisors Regular Mee #ing of 12/11/13 1�9 The Director of Public Works presented a brief overview of the proposed fiscal year 2014/2015 budgets with an emphasis on the two (2} non - general fund budgets. Shawneeland and the landfill. In order to comply with the limited time schedule dictated by the finance department, the director requested that the committee convene a meeting on January 7, 2014 at 8:00 a.m. to review the fiscal year 2014/2015 budget submittals. 4. Miscellaneous Reports a) Tonnage Report (Attachment 1} b} Recycling Report (Attachment 2) c) Animal Shelter Dog Report {Attachment 3) d) Animal Shelter Cat Report {Attachment 4) FINANCE COMMITTEE REPORT - APPROVED The Finance Committee met in the First Floor Conference Roam at 107 North Kent Street on Wednesday, November 20, 2013 at 8:00 a.m. All members were present. Items 1 and 3 were approved on consent agenda. Upon a motion by Vice - Chairman DeHaven, Supervisor Lofton, the Board approved the consent agenda 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 Crary A. Lofton Aye Robert W. Wells Aye 1. The Sheriff requests a General. Fund supplemental appropriation in the amount_ of $125. This amount represents donations received. No local funds required. See attached memos, p. 4 -5. — Approved Under Consent Agenda. 2. The Sheriff requests a General Fund su lemental a ro riation in the amount of $1$,346.70. This amount represents proceeds from the public auction to be used to purchase mobile radios. No local funds required. See attached memo, p. 6. The committee recommends approval. -- Approved. Upon a motion by Vice - Chairman DeHaven, seconded by Supervisor Collins, 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 3. The Sheriff requests a General Fund supplemental appropriation in the amount of $2,390.83. This amount represents reimbursements for travel and extraditions. No local funds required. See attached memos, p. 7 -9. — Approved Under Consent Agenda. 4. The Sheriff requests a General Fund su lemental a ro riation in the amount of $11,401.8$. This amount represents State reimbursements due to the County for prisoner Minnte Book Number 39 Board of Supervisors Regular Meeting of 12/11/]3 � 70 extraditions, No iocal funds required. See attached memo, p.10. The committee recommends approval. — Approved. Upon a motion by Vice- Chairman DeHaven, seconded by Supervisor Wells, 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 Director of Public Works requests a General Fund supplemental appropriation in the amount of $_15,000. This amount represents funds required to retain the part -time receptionist position in the Building Inspections Department. Revenue is currently exceeding projections. See attached memo, p. 11 -12. 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 6, The Winchester Regional Airport Director requests an Airport Fund supplemental appropriation in the amount o£ $2,6b9.9b. This amount represents an insurance reimbursement for roof damage of the FBO building. _See attached information, p. 13 -19. 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 7. The Finance Cornrnittee Chairman requests discussion on a potential donation from Redbud proffers for historic preservation to the Shenandoah Valley Battlefield Foundation. The committee recommends designating $50,000 from Redbud historical proffers far the final debt payment on the Huntsberry property. — Approved. Upon a motion by Vice - Chairman DeHaven, seconded by Supervisor Wells, the Board approved the above request by the following recorded vote: Richard C. Shickle Aye Charles S. DeHaven, 3r. Aye Christopher E. Collins Aye Gene E. Fisher Aye Minute Book Number 39 Board of Supervisors Regular Meeting of 12/11/13 171 Robert A. Hess Aye Gaz�y A. Lofton Aye Robert W. Wells Aye 8. The Finance Committee Chairman presents a memo concerning the FY2015 budget and the Finance Director provides a budget calendar. See attached information, p. 20 -21. Information Onl 1. The Finance Director provides a Fund 10 Transfer Report for FY 2014. See attached, p. 22. 2. The Finance Director provides FY 2014 finance statements far the period ending October 31, 2013. See attached memo, p. 23 -33. 3. The Finance Director provides the FY 2014 Fund Balance Report for the pexiad ending October 31, 2013. See attached, p. 34. TRANSPORTATION COMMITTEE REPORT - APPROVED The Transportation Committee met an October 28, 2013 at 8:30 a.m. Members Present Members Absent Chuck DeHaven {Voting) Mark Davis (liaison Middletown) James Racey {Voting) Gene Fisher (Voting) Christopher Collins {Voting} Lewis Boyer (liaison Stephens City) Gary Oates (liaison PC) ** *Items Requiring Action * ** I. Speed Study Request -Cedar Creek Grade Attached please find the request from VDOT for County concurrence on a speed study for Cedar Creek Grade between Route 37 and the City line of Winchester. Staff has also attached a map of the current speeds in this area. The Committee considered the item and noted the heavy trafFic flows, entrance conf gurations, and geometries of the -area. Some consideration was given to extending the study to include the intersection with Tones Road, but this was not done. MOT10N: Mr. Collins made a motion, seconded by. Mr. Racey to recommend that the Board endorse the completion of a speed study on Cedar Creek Grade between the interchange with Route 37 and the Winchester City line. Motion passed unanimously. Upon a motion by Vice - Chairman DeHaven, seconded by Supervisor Collins, the Board endorsed the speed study on Cedar Creek Grade. The above motion was approved by the fallowing recorded vote: Richard C. Shiclde 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 ** *Items Not Requiring Action * ** Minute Book Number 39 Board of Supervisors Regular Meeting of 12111/I3 ��2 2. Capital Improvement Flan VDOT staff was on hand to provide updates on Route 277, Exit 310, Exit 313, and Route 37 projects. Staff can arrange for similar updates to the Board of Supervisors, if so desired. 3. County Road Projects Staff provided brief updates on the Tevis Street Extension and bridge project as well as the Snowden Bridge Blvd. project. 4. Other PUBLIC HEARING PUBLIC HEARING - TWELVE MONTH OUTDOOR FESTIVAL PERMIT RE UEST OF BELLE GROVE PLANTATION PURSUANT TO THE FREDERICK COUNTY CODE, CHAPTER 86, FESTIVALS; SECTIQN 86 -3, PERMIT REpUIRED; APPLICATION; ISSUANCE OR DENIAL; FEE; PARAGRAPH D, TWELVE MONTH PERMITS. ALL EVENTS TO BE HELD ON THE GROUNDS OF BELLE GROVE PLANTATION 336 BELLE GROVE ROAD= MIDDLETOWN, VIRGINIA. PROPERTY OWNED BY THE NATIONAL TRUST FOR HISTORIC PRESERVATION. - APPROVED Administrator Riley advised this was a request fram Belle Grove Plantation fora 12 month outdoor festival permit, which would run fram January - December 2014. The property, located at 336 Belle Grove Road, Middletown, Virginia, is owned by the National Trust. Kristen Laise appeared before the Board on behalf of Belle Grove. She asked the Board to approve this permit request. 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 12 month outdoor festival permit for Belle Grove Plantation to run fram January 2014 - December 2014. 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 PLANNING COMMISSION BUSINESS PUBLIC HEARINGS PUBLIC HEARING - HEIGHT WAIVER RE VEST FOR CARMEUSE LIME & STONE INC. — RE VEST FROM LAWSON AND SILEK P.L.C. ON BEHALF OF CARMEUSE LIME &STONE INC. TO ALLOW THE CONSTRUCTION OF Miuute Book Number 39 Board of Supervisors Regular Meeting of 12/11/13 173 A 200 FOOT TALL KILN AT THE EXISTING CLEARBROOK UARRY LOCATED OFF OF UARRY LANE IN THE STONEWALL MAGISTERIAL DISTRICT. THE PROPERTY IS IDENTIFIED BY PROPERTY IDENTIFICATION NUMBER 33 -A -144. — RESOLUTION #029 -13 - APPROVED Senior Planner Candice Perkins appeared before the Board regarding this item. She advised this was a request for a height waiver to allow for the construction of a kiln at the Carmeuse Clearbrook quarry. The waiver request would allow the construction of a 200 foot tall kiln. The Planning Commission recommended approval of this waiver request with the "skin ", which is the screening element of the top portion of the kiln structure. She concluded by saying, without the waiver, the proposed structure could not exceed the permitted 45 foot height limit, Supervisor Hess asked about the economic benefts this project would bring to Frederick County. Winchester - Frederick County Economic Development Commission Executive Director Patrick Barker advised the company was investing $49.5 million and creating 25 jobs at this facility. This would equate to approximately $1.65 million in new tax revenue. Jim Bottom, Area Operations Manager for Carmeuse, advised this kiln was new technology. He noted the project had been irlcentivized by both Frederick County and the State. He went on to say this was the first waiver request of this kind in Frederick County. The actual kiln would be 193 feet tall. The proposed "skin" would allow Carmeuse to block light at the top of the structure. He concluded by saying the "skin" offered some noise reduction. Supervisor Lofton asked if this waiver was for two kilns to be constructed side by side. Mr. Bottom responded yes. Chairman Shickle convened the public hearing. Mark Regan, Stonewall District, addressed the Board regarding the proposed waiver request. He noted there wexe 25 students at Stonewall Elementary School, who suffer from asthma and the Carmeuse facility was located across -the street. He hoped the school boaxd would have spoken out against this proposal. He believed Carmeuse's statements concerning. this proposal were misleading. He went on to say he would have to question the validity of this request since the application was for one kiln, not for two, which were being built. He concluded by urging the Board to deny this request. There being no further comments, Chairman Shickle closed the public hearing. Chairman Shickle asked if the hearing was properly advertised and asked the applicant to explain the request. Minute Book Number 39 Board of Supervisors Regular Meeting of 12111 /l3 174 Mr. Bottom responded the height waiver was for two kilns to be constructed. Chairman Shickle asked County Attorney Williams about the advertisement. County Attorney Williams responded that this was the first time this structure had been identified as two kilns; therefore, the public hearing advertisement was for one kiln. He went on to say this called into question the advertisement. He concluded by saying if the Board wanted to act on both kilns then the hearing would need to be readvertised. Mr. Bottom advised that he would prefer the vote to be on both kilns, but if the Board could not act on both tonight then he would take action on one. Supervisor Fisher stated it appeared this was one structure and both kilns would be built together with a single feed to the top. After some discussion, it was determined this was ane structure. Chairman Shickle recommended the word "unit" be inserted after kiln. Upon a motion by Supervisor DeHaven, seconded by Supervisor Fisher, the Board approved the waiver request fox the kiln unit. WHEREAS, Carmeuse Lime and Stone, Inc. has requested a waiver of the 45' EM District height maximum in accordance with § 165- 608.0& Height limitations, to allow for the construction of a new kiln unit that exceeds the 45 foot EM (Extractive Manufacturing} District height maximum, up to 200 feet in height. The subject property is located at the Clearbrook Quarry and is identified by Property Identification Number 33- A�144.; and WHEREAS, the Planning Commission held a public hearing for this waiver request at their meeting on December 4, 2013 and recommended approval of the requested height waivex for the kiln unit with the condition that the kiln unit include the "skin "; and WHEREAS, the Board of Supervisors considered this waiver request during a public meeting on December 11, 2013; and WHEREAS, the Frederick County Board of Supervisors finds that the approval of this waiver request be in the best interest of the public health, safety, welfare, and in good zoning practice; NOW, THEREFORE, BE iT ORDAINED by the Frederick County Board of Supervisors chat Carmeuse Lime and Stone, Inc. is hereby granted a waiver of the maximum height in the EM (Extractive Manufacturing) Zoning District per § 165 - 608.06 Height limitations, for the construction of a new kiln unit that exceeds the 45 foot EM District height maximum, up to 200 feet in height. The kiln unit must include the "skin ". The subject property is located at the Clearbrook Quarry and is identified by Property Identification Number 33 -A- 144. 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 Nay Minute Book Number 39 Board of Supervisors Regular Meeting of 12/11/13 PUBLIC HEARING - REZONING #03 -13 MADISON VILLAGE SUBMITTED BY PAINTER -LEWTS P.L.C. TO REZONE 51.26 ACRES FROM RA URAL AREAS DISTRICT TO 46.26 ACRES OF RP SIDENTIAL PERFORMANCE DISTRICT AND 5 ACRES OF B2 GENERAL BUSINESS DISTRICT WITH PROFFERS. THE PROPERTY IS LOCATED ON THE WEST SIDE OF ROUTE 522 RONT ROYAL PIKE APPROKIMATELY 1 000 FEET SOUTH OF THE INTERSECTION OF ROUTE 522 FRONT ROYAL PIKE AND ROUTE 645 AIRPORT ROAD AND IS IDENTIFIED BY PROPERTY IDENTIFICATION NUMBER 64 -A -18 iN THE SHAWNEE MAGISTERIAL DISTRICT. APPROVED WITH AMENDED PROFFERS Deputy Planning Director Michael Ruddy appeared before the Board regarding this item. He advised this was a request to rezone 51.26 acres from RA (Rural Areas) District to 46.26 acres of RP (Residential Performance) District and 5 acres of B2 (General Business) District with proffers. The property is located in the Shawnee District. He noted the proposed proffers provide for a road network to connect to the properties to the west and the south. This proposal also includes a connection to the Russell 150 property. The Planning Comrrlission recommended approval of this request. Deputy Director Ruddy concluded by saying this rezoning is consistent with the Comprehensive Plan and the SensenylEastern Frederick Urban Areas Pian and, the impacts are addressed by the proffers. Supelvisor Fisher asked for clarification on the property identif cation number for the property to the south. He noted in one place it was listed as 64 -A -21 and another it was 64 -A -20. Deputy Director Ruddy responded that he believed 64 -A -21 was correct. Sohn Lewis, Painter - Lewis, appeared before the Board on behalf of the applicant. He reviewed the project's background. He noted a minimum residential density had been proffered and a variety of housing types had been included. He concluded by asking for Board support of this proposed rezoning, Supervisor LofCon asked about the proposed entrance's proxlmrty to the Route 522 intersection. Mr. Lewis responded 280 feet. Supervisor Lofton stated he was not sure a roundabout would work. Mr. Lewis responded VDOT said it would work with the traffic and configuration. Ben Butler, attorney for the applicant, noted there had been two items raised by the Shawnee District Supervisor. In response to those issues, Mr. Butler noted the applicant had revised the proffers to state the owner must obtain access to public roads and the developer agrees to fund the property owner' association the sum of $5,000 to fund operating casts. Minnte Boak Number 39 Soars! of Supervisors Regular Meeting of 12/11/13 � 76 Supervisor Lofton asked if there would be an adverse impact if the Board of Supervisors acted tonight without an agreement in place with the adjacent property owners. Mr. Butler responded that he did not see haw because the adjoining property owner could not be impacted without his cooperation. Supervisor Fisher stated he would really like to see an agreement in writing because he did not want to put the applicant or neighbor at risk. Chairman Shickle convened the public hearing. Michael Shepherd, Shawnee District and adjoining property owner, addressed the Board regarding this item. He advised that he owned two B2 lots that adjoined the Madison property. He went on to say that he had filed a site plan with the County for his project. He noted when his project is built it would make the applicants connection to Route 522 unbuildable. He also noted the proposed deceleration lane could not move because of site distance. and Madison needed the easements for his project. Becky Morrison, Gainesboro District, asked the developer to include a proffer that he would not use TDRs. There being no further comments, Chairman Shickle closed the public hearing, Chairman Shickle stated the timing of the proffers was a concern to him. He wanted to know what happens if the minimum number of project units does not get built. Deputy Director Ruddy stated that minimum number was the trigger to construct the connection to Route 522. Should the project stop then the approval would not be in conformance with the Comprehensive Plan. He went an to say this provision moves the project in the direction of being more consistent with the plan. David Madison, property owner, advised the minimum density was 420 units because that was the minimum amount of density needed to facilitate the project. Supervisor Fisher asked what would take precedence, if the rezoning is approved. Would the rezoning go away if the Shepherd property develops first? Deputy Director Ruddy responded the applicant might have to make accommodation. He noted they were bound to the entrance onto Route 522. Mr. Butler stated the project needs access to public roads and the applicant has to make it work. Minute Baok Number 39 Board of supervisors Regular Meeting of 12/11/13 ��� Supervisor Hess asked why the proposed proffer revision referenced public road versus Route 522. Chairman Shickle asked the applicant's representatives if they would have considered Route 522 versus the way they wrote it. Mr. Lewis responded the connection has to be to Route 522 because that is the only public road near the property. He agreed to amend the revised proffers to specifically reference Route 522. Upon a motion by Supervisor Fisher, seconded by Supervisor Wells, the Board approved Rezoning #03 -13 with the amendment to the proffers to include the addition of the reference to Route 522. WHEREAS, Rezoning #03 -13 of Madison Village, submitted by Painter - Lewis, P.L.C., to rezone 51.2b acres from RA (Rural Areas) District to 46.26 acres of RP (Residential Performance) District and 5 acres of B2 (General Business) District with proffers dated April 22, 2013 and last revised on September 5, 2013 was considered. The property is located on the west side of Route 522, approximately 1,000 feet south of the intersection of Route 522 and Airport Road. The property is further identified with P.1.N. 64 -A -1$ in the Shawnee Magisterial District. WHEREAS, the Planning Commission held a public meeting on this rezoning on August 21, 2013 and a public hearing on November 6, 2013; and WHEREAS, the Board of Supervisors held a public hearing on this rezoning on December 11, 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 TT ORDAINED by the Frederick County Board of Supervisors that Chapter 165 of the Frederick County Code, Zoning, is amended to revise the Zoning District Map to rezone S 1.26 acres from RA (Rural Areas} District to 46.26 acres of RP {Residential Performance} District and 5 acres of B2 (General Business) District with proffers. The conditions voluntarily proffered in writing by the applicant and the property owner are attached. This ordinance shall be in effect on the date of adoption. Passed this 11�' day of December, 2013 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 OTHER PLANNING ITEMS REZONING APPLICATION #06 -13 — PROFFER REVISION OF SILVER LAKE, LLC - APPROVED Minute Book l�'umber 39 Board of Supervisors Regular Meeting of 12/11/13 178 Deputy Planning Director Michael Ruddy appeared before the Board regarding this item. He advised this was a request for a minor proffer revision associated with rezoning #01 -09, Silver Lake, to relocate the site provided for the development of a new fire and rescue facility and support facilities. The property is located in the Gainesboro magisterial district. The proposal would relocate the original site to Corporate Place Drive.. The proposal also changes the date certain to April 21, 201. The Planning Commission recommended approval of this proposed proffer amendment. Evan Wyatt, Greenway Engineering, noted that in addition to what had been discussed, the applicant has also amended the proffer statement to add pre- emption to the existing signal at the intersection of National Lutheran Boulevard and Route 50 Upon a motion by Supervisor Hess, seconded by Supervisor Collins, the Board approved Rezoning #06 -13 . WHEREAS, Rezoning #06 -13 Proffer Revision of Silver Lake, LLC, submitted by Greenway Engineering, Inc., to revise the proffers associated with Rezoning #01 -09 relating to the relocation of the site provided for the development of a new fire and rescue facility and support facilities, was considered. The proffer revision, proffers originally dated November 25, 2008, with final revision dated November 4, 2013, is replacing the previous f re and rescue site which was located along Northwestern Pike and Silver Lake Road with the new location with will front on Corporate Place Drive near the intersection of National Lutheran Boulevard. The properties are located on the north side of Northwestern Pike (US Route 50 West), west of Retail Boulevard, and east of Paor House Road {Route b45), and is identified by Property Identification Numbers 52 -a -C, 52- A -SOA, 52 -A -52, and 52 -A -63 in the Gainesboro Magisterial District. WHEREAS, the Planning Commission held a public meeting on this rezoning on December 4, 2013 and forwarded a recommendation of approval; and WHEREAS, the Board of Supervisors held a public meeting on this rezoning on December 11, 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 that Chapter 165 of the Frederick County Code, Zoning, is amended to revise the proffers associated with Rezoning #01 -09 relating to the relocation of the site provided for the development of a new fire and rescue facility and support facilities. The proffer revision, originally dated November 25, 2008, with final revision dated November 4, 2013, is replacing the previous fire and rescue site which was located along Northwestern Pike and Silver Lake Road with the new location which will front on Corporate Place Drive near the intersection of National Lutheran Boulevard. This ordinance shall be in effect on the date of adoption. Passed this 11`'' day of December, ZOi3 by the following recorded vote: Richard C. Shickle Aye Charles S. DeHaven, Jr. Aye Christopher E. Collins Aye Gene E. Fisher Aye MrnuYe Sook Number 39 Board of supervisors Regular Meeting of 12/11113. 179 Robert A. Hess Aye Gary A. Lofton " Aye Robert W. Wells Aye REVISED MASTER DEVELOPMENT PLAN #03 -13 —THE TOWNES AT TASKER — INFORMATION ONLY Senior Planner Candice Perkins appeared "before the Board regarding this item. She advised this was a revised master development plan for the "Townes at Tasker. This item is being brought back to the Board because the unit count has increased to S 1. The parcel is 1 a.25 acres zoned RA (Rural Areas} and is located on the Shawnee Magisterial District. She concluded by saying this item was being presented to the Board for information only. RE UEST FOR PUMP &HALL PERMIT — 186 STAR TANNER ROAD STAR TANNERY, VIRGINIA - APPROVED Senior Planner Candice Perkins appeared before the Board regarding this item. She advised this was a request to approve a pump and haul permit for an existing accessory residence located at 18G Star Tannery Road. She noted the property owners are currently trying to seil this property: The Health Department conducted a walk over for the sewage disposal systems and discovered the system far the accessory structure was installed incorrectly and is unable to be repaired. She went on to say the property owners appear to have addressed the requirements of the County Code to utilize a pump and haul system. She noted the maintenance casts associated with a pump and haul system can be expensive, but this system is the only available option to bring the septic system into compliance for this property. She concluded by saying Board action on this request would be appropriate. Upon a motion by Supervisor Lofton, seconded by Supervisor Hess, the Board appraved the pump and haul permit for 186 Star Tannery Road. Chairman Shickle stated he was voting yes because it appeared the property owner had been defrauded. Their being no further discussion, the above motion was approved by the following recorded vote: Richard C. Shickle Aye Charles S. DeHaven, 7r. Aye Christopher E. Collins Aye Gene E. Fisher Aye Robert A. Hess Aye Gary A. Lofton Aye Robert W. Wells Aye ROAD RESOLUTIONS Minute Book Number 39 Board of Supervisors Regular Meeting of 12/11/13 �- WAKELAND MANOR SUBDIVISION, PHASES 7,f., 12, 13, AND I4 — (RESOLUTION #030 -13) - 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 stormwater 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 Farm 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 for the Virginia Department of Transportation. FIELDSTONE SUBDIVISION• CHANNING DRIVE — RESOLUTION #031 -13 - APPROVED UNDER CONSENT AGENDA WHEREAS, the Virginia Department of Transportation has provided this Board with a sketch and a VDOT -AM 4.3 form dated 11/27/13 depicting the additions and discontinuance required in the Secondary System of State Highways as a result of Project Fieldstone Subdivision- Channing Drive which sketch is hereby incorporated herein by reference; and WHEREAS, the portions of old road identifies to be discontinued are deemed to no longer serve public convenience warranting maintenance at public expense; and -NOW, THEREFORE, BE IT RESOLVED, this Board requests the Commissioner to discontinue from the Secondary System of State Highways the portion of old road identified by the sketch to be discontinued, pursuant to Section 33.1 -1 SS Code of Virginia; and BE IT FURTHER RESOLVED, this Board concurs with the discontinuance as part of the Secondary System of State Highways, those portions of road identified by the sketch to be discontinued, pursuant to Section 33.1 -150, Code of Virginia; and BE IT FURTHER RESOLVED, this Board guarantees a clear and unrestricted right -af- 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 for the Virginia Department of Transportation. BOARD LIAISON REPORTS There were no Board liaison reports. CITIZEN COMMENTS Jay Marts, Gainesboro District, stated he had caught the tail end of the discussion on the replacement Frederick County Middle School and there had been a lot of detail about the Frederick- Winchester Service Authority's project, but he did not see the same transparency on Minute Book Number 39 Board of Supervisors Regular Meeting of 12/11/13 18� the county building. He stated citizens need to hear this type of detail. He questioned whether the county should be building more office space. He went on to say he was not sure this was the time to build a new county building. He concluded by urging the Board to do it correctly and there was no need to worry. BOARD OF SUPERVISORS COMMENTS Supervisor Fisher stated he attended the meeting of the Public Works Committee and he thought they discussed the space needs study and determined 150,000 square feet would be sufficient. He went on to say this is still a work in progress. He stated there was no rush and neither the committee nor the Board has been pushed Through this process. Chairman Shickle stated that he never thought the space needs study was done to serve any other purpose than to confirm that what was proposed would work space wise or not. ADJ. 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. (9:25 P.M.) r Richard C. Shickle Chairman, Board of Supervisors �� J . R1 ey, Jr. Clerk, Board of Supervisors Minutes Prepared By: Jay E Tito s Deputy Clerk, Board of Sup.ervisars Minute Sook Number 39 Board of Supervisors Regular Meeting of 121ll113