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January 8 2014 Regular Meeting Minutes1�2 A Regular Meeting of the Frederick County Board of Supervisors was held on Wednesday, January S, 2014, at 7:00 P.M., in the Board of Supervisors' Meeting Room, 107 North Kent Sirect, Winchester, Virginia. PRESENT Chairman Richard C. Shickle; Charles S. DeHaven, Jr.; Gene E. Fisher; Robert A. Hess; Gary A. Lofton; and Robert W. Wells. ASSENT Christopher E. Collins. CALL TO ORDER Chairman Shickle called the nr�eeting to order. INVOCATION Pastor Ross Halbersma, New Hope Alliance Church, delivered the invocation. PLEDGE OF ALLEGIANCE Supervisor DeHaven led the Pledge of Allegiance. ORGANIZATION OF THE BOARD OF SUPERVISORS FOR 2014 SELECTION OF VICE - CHAIRMAN -- CHARLES S. DEHAVEN JR. ELECTED Supervisor Lofton nominated Supervisor DeHaven for the office of Vice - Chairman. The nomination was seconded by Supervisor Hess. Upon a motion by Supervisor Lofton, seconded by Supervisor Fisher, the Board closed the nominations. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Christopher E. Collins Absent Charles S. DeHaven, 7r. Aye Gene E. Fisher Aye Robert A. Hess Aye Gary A. Lofton Aye Robert W. Wells Aye The motion to approve Supervisor DeHaven asVice- Chairman was approved by the following recorded vote: Richard C. Shickle Aye Christopher E. Collins Absent Charles S. DeHaven, Jr. Aye Gene E. Fisher Aye Robert A. Hess Aye Gary A, Lofton Aye Robert W. Wells Aye Minute Book Number 39 Board of Supervisors Regular Meeting of 01/08/14 183 ADOPTION OF RULES OF PROCEDURE — APPROVED Upon a motion by Vice - Chairman DeHaven, seconded by Supervisor Hess, the Board adopted the Rules of Procedure Frederick County Board of Supervisors, adapted May 2$, 2003, amended September 14, 2011 and Robert's Rules of Order Simplified and Applied. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Christopher E. Collins Absent Charles S. DeHaven, Jr. Aye Gene E. Fisher Aye Robert A. Hess Aye Gary A. Lofton Aye Robert W. Wells Aye SELECTION OF A PARLIAMENTARIAN -JOHN R. RILEY, JR. ELECTED Upon a motion by Supervisor Fisher, seconded by Vice - Chairman DeHaven, the Board elected County Administrator John R. Riley, Jr. as Parliamentarian. Upon a motion by Supervisor Lofton, seconded by Supervisor Fisher, the Board closed the nominations. vote: The above motion was approved by the following recorded vote: Richard C. Shickle Aye Christopher E. Collins Absent Charles S. DeHaven, Jr. Aye Gene E. Fisher Aye Robert A. Hess Aye Gary A. Lofton Aye Robert W. Wells Aye The motion to approve John R. Riley, Jr. as Parliamentarian by the following recorded Richard C. Shickle Aye Christopher E. Collins Absent Charles S. DeHaven, Jr. Aye Gene E. Fisher Aye Robert A. Hess Aye Gary A. Lofton Aye Robert W. Wells � Aye SELECTION OF A TIME AND PLACE FOR REGULAR MEETINGS - APPROVED Supervisor Hess moved that the second and fourth Wednesdays of each month, at 7:00 P.M., in the Board of Supervisors' Meeting Roorn, County Administration Building, 107 North Kent Street, Winchester, Virginia be the time and meeting place for the Frederick County Board of Supervisars for 2014. Should the meeting be cancelled due to inclement weather, then it will take place on the following evening. Minute Soak Number 39 Board of supervisors Regular Meeting of 0110$114 X84 The motion was seconded by Supervisor Wells. The above motion was passed by the following recorded vote: Richard C. Shickle Aye Christopher E, Collins Absent Charles S, DeHaven, Jr. Aye Gene E. Fisher Aye Robert A. Hess Aye Gary A. Lofton Aye Robert W. Wells Aye CHAIRMAN'S BOARDICOMMITTEE ASSIGNMENTS Chairman Shickle noted the committee assignments remain the same as last year and noted the citizen members would be provided at a later date. Richard C. Shickle: Finance Committee; Joint Finance Committee; Metropolitan Planning Organization; Northwestern Regional Jail Board alternate. Robert W. Wells: Code and Ordinance Committee; Human Resources Committee; Public Works Committee; Technology Committee; Regional Jail Board; Handley Regional Library liaison. Robert A. Hess Human Resources Committee Chairman; Code & Ordinance Committee; Air Qualify Task Force; Northern Shenandoah Valley Regional Commission; and Planning Commission liaison Gary A. Lofton: Public Safety Committee Chairman; Technology Committee Chairman; Public Works Committee; Finance Committee; Economic Development Commission; Economic Development Authority; Social Service Board; Agricultural District Advisory Committee; Extension Leadership Council. Gene E. Fisher: Public Works Committee Chairman; Public Safety Committee; Transportation Committee; Airport Authority; Conservation Easement Authority; Frederick - Winchester Service Authority; Water Resources Advisory Committee; Sanitation Authority liaison. Charles S. DeHaven, Jr.^ Transportation Committee Chairman; Finance Committee Chairman.; Technology Committee; Joint Finance Committee; Metropolitan Planning Organization; Northern Shenandoah Valley Regional Commission; Juvenile Detention Center Board; Northwestern Regional Adult Detention Center Board. Christopher E. Collins: Code & Ordinance Committee Chairman; Human Resources Committee; . Public Safety Committee; Transportation Committee; Parks & Recreation Commission liaison; Fire &Rescue Association liaison; Winchester - Frederick County Convention and Visitors' Bureau Board. ADOPTION OF AGENDA - APPROVED Administrator Riley advised he had no changes to the agenda. Miuute Book Number 39 Board of Supervisors Regular Meeting of 01 /08!14 Upon a motion by Supervisor Lofton, seconded by Supervisor DeHaven, the Board approved the agenda by the following recorded vote: Richard C. Shickle Aye Christopher E. Collins Absent Charles S. DeHaven, Jr. Aye Gene E. Fisher Aye, Robert A. Hess Aye Gary A. Lofton Aye Robert W. Wells Aye CONSENT AGENDA - APPROVED Administrator Riley offered the fallowing items for the Board's consideration under the consent agenda: - Parks and Recreation Commission Report —Tab F; - Landfill Oversight Committee Report —Tab G; and - Public Safety Committee Report —Tab H. Upon a motion by Supervisor Fisher, seconded by Supervisor Lofton, the Board approved the consent agenda by the following recorded vote: Richard C. Shickle Aye Christopher E. Collins Absent Charles S. DeHaven, Jr. Aye Gene E: Fisher Aye Robert A. Hess Aye Gary A. Lofton Aye Robert W. Wells Aye CITIZEN COMMENTS There were no citizen comments. BOARD OF SUPERVISORS COMMENTS There were no Board of Supervisors' comments. MINUTES - APPROVED Upon a motion by Supervisor Hess, seconded by Vice - Chairman DeHaven, the Board approved the minutes from the December 6, 2013 work session by the following recorded vote: Richard C. Shickle Aye Christopher E. Collins Absent Charles S. DeHaven, Jr. Aye Gene E. Fisher Aye Robert A. Hess Aye Gary A. Lofton Aye Robert W. Wells Aye Upon a motion by Supervisor Lofton, seconded by Supervisor Fisher, the Board approved the minutes from the December 11, 2013 closed session by the following recorded vote: Minute Book Number 39 Board of Supervisors Regular Meeting of Ol/U8114 • �a Richard C. Shickle Aye Christopher E. Collins Absent Charles S. DeHaven, Jr. Aye Gene E. Fisher Aye Robert A. Hess Aye Gary A. Lofton Aye Robert W. Wells Aye Upon a motion by Supervisor Hess, seconded by Supervisor Lofton, the Board approved the minutes from the December 11, 2013 work session with the Frederick County School Board by the following recorded vote: Richard C. Shickle Aye Christopher E. Collins Absent Charles S. DeHaven, Jr. 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 Fisher, the Board approved the minutes from the December 11, 2013 regular meeting by the following recorded vote: Richard C. Shickle Aye Christopher E. Collins Absent Charles S. DeHaven, Jr. Aye Gene E. Fisher Aye Robert A. Hess Aye Gary A. Lofton Aye Robert W. Wells Aye COUNTY OFFICIALS PRESENTATION OF ENERGY AWARD BY VIRGINIA ASSOCIATION OF COUNTIES {VACo) Larry Land, Director of Policy Development for the Vixginia Association of Counties, presented Chairman Shickle with an award for the Go Green Challenge. This was the second time Frederick County has been recognized as a "Green Government" in the Virginia Association of Counties (VACo) and Virginia Municipal League (VML) Challenge. The Go Green Virginia Initiative recognizes communities that have taken innovative steps to reduce energy usage and promote sustainability. The Green Government Challenge recognizes communities that reach a minimum of 100 points out of a possible 200 points. Frederick County earned 108 points for 2013. COMMITTEE APPOINTMENTS REAPPOINTMENT OF RONALD CLEVENGER TO THE CONSERVATION EASEMENT AUTHORiTY� - APPROVED Minute Baok 1'�umber 39 Board of Supervisors Regular Meeting of OLIO &114 � 87 Upon a motion by Supervisor Fisher, seconded by Supervisor DeHaven, the Board reappointed Ronald Clevenger to the Conservation Easement Authority. This is a three year appointment. Term expires March 23, 2017. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Christopher E. Collins Absent Charles S. DeHaven, Jr. Aye Gene E. Fisher Aye Robert A. Hess Aye Gary A. Lofton Aye Robert W. Wells Aye REQUEST FROM COMMYSSrONER OF THE REVENUE FOR REFUNDS - Adminisirator Riley advised the Commissioner of the Revenue was seeking Board approval to authorize the Treasurer to refund ille following: 1. TW Wallace Construction Corp the amount of $2,536.80 relating to one vehicle housed in another locality for 2010, 2011, and 2012. Refund includes personal property taxes and vehicle license fees. Upon a motion by Supervisor Hess, seconded by Vice - Chairman DeHaven, the Board approved the above refund request and authorized a supplemental appropriation. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Christopher E. Collins Absent Charles S. DeHaven, Jr. Aye Gene E. Fisher Aye Robert A. Hess Aye Gary A. Lofton . Aye Robert W. Wells Aye 2. LaSalle Systems Leasing Inc the amount of $3,061.82, for adjustment to business equipment filings for 2013. The company filed in the county but the contract with the company is in the City of Winchester. Refund includes personal property taxes. Upon a motion by Supervisor Wells, seconded by Supervisor Lofton, the Board approved 'the above refund request and authorized a supplemental appropriation. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Christopher E. Collins Absent Charles S. DeHaven, Jr. Aye Gene E. Fisher Aye Robert A. Hess Aye Gary A. Lofton Aye Robert W. Wells Aye 3. BB &T Leasing Corp the amount of $2,593.00, far adjustment to business equipment filings for 2013. The leasing company found that assets were sold to the lessee and the lessee should be billed for 2013. Refund includes personal property taxes for 2013. Minute Book Number 39 Board of Supervisors Regular Meeting of 01/08/14 a . �• Upon a motion by Supervisor Fisher, seconded by Vice- Chairman DeHaven, the Board approved the above refund request and authorized a supplemental appropriation. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Christopher E. Collins Absent Charles S. DeHaven, Jr. Aye Gene E. Fisher Aye Robert A. Hess Aye Gary A. Lofton Aye Robert W. Wells Aye 4. Refund a taxpayer the amount of $3,316.89 far 2011, 2012, and 2013 real estate taxes, based on proper filing of proof of 100% permanent and total disability directly due to military service, as required under the Virginia Code change as a result of the Constitutional amendment that took effect for 2011. Taxpayer's name cannot be made public because of applicable legal requirements as to privacy, but is known to the Commissioner, Treasurer, and the County Attorney on a confidential basis. Upon a motion by Supervisor Hess, seconded by Supervisor Lofton, the Board approved the above refund request and authorized a supplemental appropriation. The above motion was approved by the fallowing recorded vote: Richard C. Shickle Aye Christopher E. Collins Absent Charles S. DeHaven, Jr. Aye Gene E. Fisher Aye Robert A. Hess Aye Gary A. Lofton Aye Robert W. Wells Aye RESOLUTION #033 -14 AND PERFORMANCE AGREEMENT FOR HP HOOD LLC - APPROVED Upon a motion by Vice - Chairman DeHaven, seconded by Supervisor Lofton, the Board approved the resolution and performance agreement for HP Hoad, LLC. WHEREAS, HP HOOD LLC has made known its intent to expand its operation by making new taxable real estate .and machinery investments and retain and create }obs; and WHEREAS, the company meets the policy guidelines of the Frederick County Economic Development Incentives Policy as established by the Winchester- Frederick County Economic Development Commission in 1995; BE IT RESOLVED, that the Board of Supervisors for the County of Frederick, Virginia, does hereby approve and appropriate the payment of $1,100,000 in installments as stated in the executed Performance Agreement to the Industrial Development Authority of Frederick County, Virginia from the Frederick County's Fund Balance to assist in expanding the operation for HP HOOD LLC 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 $500,000.00 to the Industrial Development Authority of Frederick County, Virginia from the Governor's Development Opportunity Fund to assist in expanding the operation for HP HOOD LLC in Frederick County, Virginia. Minu #e Baolc Number 39 Board of Supervisors Regular Meeting of 41/48/14 i � 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 8th day of January 2014. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Christopher E. Collins Absent Charles S. DeHaven, Jr. Aye Gene E. Fisher Aye Robert A. Hess Aye Gary A. Lofton Aye Robert W. Wells Aye COMMITTEE REPORTS PARKS AND RECREATION COMMISSION REPORT — APPROVED UNDER CONSENT AGENDA The Parks and Recreation Commission met on December 10, 2013. Members present were: Patrick Anderson, Randy Carter, Gary Longerbeam, Ronald Madagan, and Charles Sandy, Jr. Members absent were: Kevin Anderson, Greg Brondos, Jr., Christopher Collins, and Marry Cybulski. Items Requiring Board of Supervisors Action None Submitted for Board Information Only I. Cosponsor Committee — Recommend Organizations for FY15 —The Cosponsor Committee recommended to approve the following organizations: Frederick County American Little League Association, Frederick County National Little League Association, Blue Ridge Youth Soccer Association, American Legion, Mavericks, and Winchester Athletic Association for co- sponsorship provided all procedural steps as outlined in the policy are complied with and established the criteria for badge non - compliance as follows: any coach observed not wearing a badge on three separate occasions will not be allowed to participate with their organization for a period of one week, second by Mr. Madagan, motion carried unanimously (5 -0). 2. Public Relations Committee — JuIy 4�' Update —The Public Relations Committee felt that bringing music back to the event was positive for the community. The committee was in favor of the format, yet felt chat changing over three acts in the stadium in the tirneframe provided was unrealistic. -Staff and iDiddy have taken this into consideration and a revised stadium schedule with two sets on the 4�' and one on the 5�` is being pursued. No action from the Commission is required at this time. 3. Building and Grounds Committee a. Rose Hill Park —The Buildings and Grounds Committee recommended to forward the lease agreement for the creation of Rose Hill Park to the Frederick County Finance Committee with . a recommendation for the Board of Supervisors to enter the proposed agreement, second by Mr. Sandy, motion carried unanimously (5 -0). Please find attached a copy of the proposed lease agreement. The proposed lease agreement will be forwarded to the Frederick County Finance Committee. b. Frederick County National Little League Request —The Buildings and Grounds Committee recommended the approval of the Frederick County National Little League request Minute Book Number 39 Board of Supervisors Regular Meeting of U1108/14 140 except outfield signage which is not allowed according to department policy, second by Mr. Sandy, motion carried unanimously {5 -0 }. 4. Finance Committee _Fiscal 2015 Budget and Work Program -The Parks and Recreation Finance Committee recommended to approve the Fiscal 2015 Budget and Waxk - Program as submitted with a $0.25 per hour increase in extra help and park security personnel in the Clearbroak and Sherando budgets, second by Mr. Madagan, motion carried unanimously {5- 0). The Fisca12015 Budget and Work Program will be submitted to the Finance Department. LANDFILL OVERSIGHT COMMITTEE REPORT - APPROVED UNDER CONSENT AGENDA The Landfill Oversight Committee met on Thursday, December 5, 2013 at 8:00 a.m. All committee members were present except Winchester representative, City Manager, Dale Trnan and Clarke County Administrator, David Ash. The following items were discussed: ** *Items Not Requiring Action * ** 1. Fiscal Year 2012/2013 Accomplishments Staff presented the following accomplishments for Fiscal Year 2012/2013: • Purchased a new 3,300 gallon Hydro seeder and mounted it to a used 2000 International truck frame; • Generated 13,SSSMW/hr of power from Landfill Gas to Energy plant; • Performed 20,000 hour maintenance service on both Jenbacher Gensets; • Collected and discharged 19,535,000 gallons of pretreated leachate to the Opequon Water Reclamation Facility; • Performed improvements to the site stormwater collection system including adding silt sacs to areas of concern to obtain compliance with regulations; • Added five (5} new gas collection wells in Municipal Solid Waste (MSW) landfill (Permit 529) to assist with landfill gas collection efficiencies; • Relocatedlconstructed anew haul road for the active MSW landfill to allow access for future closure activities; • Processed 144,984 tons of refuse; • Recycled 4,130 tons of scrap metal. 2. Proposed projects far Fiscal Year 2014/2015 Staff discussed the following proposed projects for b'iscal Year 201412015: • Add horizontal landfill gas collection wells in new cell of MSW landfill. Extend the gas collection header to the east side of the new cell; • Perform partial closure of the Construction/Demolition Debris (CDD} landfill {Permit 591 }; • Construct a 40 foot by 80 foot machine shed; • Install compactors to assist with recycling of plastics and cardboard at the citizens' convenience center; • Overlay and widen existing asphalt haul roads, pave approximately a half mile of new road; • Begin a program to crush rock and concrete rubble; • Perform improvements to the permit 40 lagoon area, including relining pond and installing permanent electrical pumping system; • Install a heat exchange system on the landfill gas generators to provide heat for leachate treatment process. 3. Fiscal Year 2014/2015 Budget Staff presented the proposed Fiscal Year 2014/201.5 budget to the committee for their review. Significant items related to projected revenue included maintaining the municipal tipping fee at $12 per ton and 'increasing the sludge tipping fee from $28 to $32 per tan. Minute Sook Number 39 i3oard of Supervisors Regular Meeting of 01/08/14 19� Significant changes in expenditure line items included reducing the recycling rebate from $2 io $1 per ton. Capital expenditures were dramatically reduced in the proposed budget compared to the current budget. Staff is proposing a Fiscal Year 2014/2015 budget of $7,107,805 and a revenue projection of $5,267,187. The difference will be funded from the landfill's retained earnings. The landfill's fund balance is currently estimated at approximately $2b,000,000. Of that amount, approximately $12,000,000 is dedicated to a closurelpost- project trust fund. Staff anticipates that the landfill fund balance will be reduced to an amount of approximately $24,000,000 at the end of the current fiscal year. At the conclusion of the discussions, the committee unanimously recommended that the proposed budget be received as general information and forwarded to the appropriate committees in the respective jurisdictions. PUBLIC SAFETY COMMITTEE REPORT — APPROVED UNDER CONSENT AGENDA A meeting of the Public Safety Committee was held on Tuesday December 17, 2013 at 8:30 a.in. at the Frederick County Public Safety Building, 1080 Coverstone Drive, Winchester, VA. Committee members present were: Committee Chairman Gary Lofton, Ron Wilkins, Chuck Torpy, and Gene Fisher. Members Chris Collins and Michael Lindsay were absent. Also in attendance were County Administrator John R. Riley, Jr., Fire &Rescue Chief Denny Limburg, Deputy Fire Chief Larry Oliver, County Attorney Rod Williams, Human Resources Director Paula Nofsinger, Sheriff Robert Williamson, Deputy Fire Chief Bill Bowmaster, Co.17 Chief Brian Shifflett and EMS Billing Manager Chrissy Bauserman. The following items were discussed: ** *Items Not Requiring Action * ** 1. Star Tannery Request for Staff ng (Attachment A} Chief Limburg and Chief Brian Shifflett addressed the need for career staffing at Star Tannery. Company 17 is the only company in the County that does not have career staffing. They are a dual dispatch company with Shenandoah County due to an overlap in coverage area between the two jurisdictions. With Star Tannery's geographical layout and lack of career staff and volunteers, the need to call other due companies (e,g. Strasburg, North Mountain, Tom's Brook, and Middletown) puts critical response times at 15 -20 minutes in some cases which are unacceptable. It should also be noted that a11911 calls go to Shenandoah County for dispatch and are then transferred to Frederick County Emergency Communications for dispatch. In addition, responding to these calls by other companies diminishes those companies' availability. As an example a general illness call will last at least 4 hours due to the layout of the area, transport times, time spent at WMC completing reports, and time back to the station. Currently there are three volunteers who are certified fire fighters and nine EMS personnel at Company 17. ,A full compliment "out the door" is needed to run every call. Within the past few months, at least two of the volunteers have moved out of the area resulting in diminished staffing. Chief Shifflett talked about various scenarios used to help recruit mare personnel to his station. He noted biggest problem was the volunteer base, even though They promote and advertise within a wide area. Mr. Fisher asked about a meeting with Shenandoah County regarding contributions (mutual aid} to Frederick County when running calls. Deputy Chief Bowmaster advised that he has placed a call the Shenandoah County asking for figures and information on mutual aid. Mr. Riley agreed that a meeting is warranted, but we need to act now an the current staffing situation. Chief Limburg stated he would be comfortable with two people on 24 hour shifts (six people fatal) for the moment with the cost totaling about $300,000 for salaries/benefits. The Minute Boak 1�'umber 39 Board of Supervisors Regular Meeting of 01/08/14 X92 additional six career staff personnel at the station would help encourage volunteer recruitment. The volunteers would be at the station more frequently for hands --on training taught by the career staff. It was noted the additional six staff could be cleared fairly quickly with proper credentials. In the interim, ocher current career staff could sill the station temporarily. The Public Safety Committee unanimously recommended the hiring of six additional career staff at Star Tannery (Company 17). This recommendation will go before the HR committee fn early January 20.14 then to the Finance Committee before being going to the Board of Supervisors at the end of January 2014 for action. 2. Revenge Recovery Program Update (Attachment B) EMS Billing Manager Chrissy Bauserman updated the committee on the current status of the Revenue Recovery program. The transactions and monies coming in between the vendor and insured are moving well. She reviewed the October totals, but Hated those numbers do not reflect a large amount of Anthem payments. This was due to Anthenn experiencing a computer glitch in their system. The glitch has since been resolved. Mrs. Bauserman stated by FebruarylMarch staff should have a better idea of the money received. The projected returns should increase to 43 -45% resulting in net revenue of around $970,400 for the full year (October 2013 - October 2014). Next Meeting: Tuesday January 14, 2014 830 a.m. At the next Public Safety Committee meeting, FY14 -15 budgets for Fire &Rescue, Sheriff's Department and Public Safety Communications will be presented. The department heads will highlight those areas where they are experiencing the greatest difficulties and those areas where they are asking far increased funding. Adjourn: The meeting was adjourned at 9;30 a.m. BUSINESS FRIENDLY COMMITTEE REPORT - APPROVED At the Board of Supervisors' December 6, 2013 work session, the Board discussed the first part of the phase I recommendations derived from the Business Friendly Committee. Those recommendations were: 1. Public Information Officer 2. Establishment of an Economic Development Authority 3. Reduction in Proffer Requirements Staff is seeking formal Board action on the following items, based on the consensus reached at the December 6, 2013 work session. Public Information Officer The Human Resources Committee recommended approval of the creation of the position of Public Information Off cer. The creation of this position would make it eligible for funding consideration during the upcoming budget cycle. The Board's majority consensus was to create the position with funding to be determined as part of the 2014 -2015 budget cycle. Staff is seeking board action to affirm the creation of this position. Upon a motion by Supervisor Hess, seconded by Supervisor Wells, the Board approved the creation of the public information officer position. Minute hook i�umher 39 Board of Supervisors Regular Meeting of 01/08/14 193 Supervisor Lofton stated he appreciated the work of the committee, but this seems to be adding to bureaucracy.. He went on to say it seems that, it appears to make this position palatable, the job description includes "everything -but the kitchen sink ". He asked if a study was done regarding the time it currently takes existing employees to do these tasks? Could one person do these tasks within a 40 hour work week? He went on to ask if a study had been done to show if those employees' positions would still be full -time or part -time? He concluded by saying he would like to know a study has been done and he did not want to put a person in a position that the job expectations could not be accomplished. Chairman Shickle stated he would like the county to look for a trained professional for this position who understands how it should work. He would not want someone re- assigned, but rather someone professionally trained. Supervisor Fisher requested that discussions be held with the school board regarding a possible combined position to see if that would be feasible. vote: There being no further discussion, the motion was approved by the following recorded Richard C. Shickle Aye Christopher E. Collins Absent Charles S. DeHaven, Jr. Aye Gene E. Fisher Aye Robert A. Hess Aye Gary A. Lofton. Aye Robert W. Wells Aye Establishment of an Economic Development Authority At the Board's November 13, 2013 meeting, the Board authorized staff to proceed with the creation of an EDA with an effective date of July 1, 2014. In order to make that happen, the following needs to occur: 1 } The Board must conduct a public hearing to approve the ordinance changing the name of the INDUSTRIAL DEVELOPMENT AUTHORITY OF THE COUNTY OF FREDERICK, VIRGINIA to the ECONOMIC DEVELOPMENT AUTHORITY OF THE COUNTY OF FREDERICK, VIRGINIA. This hearing and ordinance adoption will take place at the Board's January 8, 2014 meeting. 2) Special legislation to allow a Board of Supervisors' member to be appointed as a voting member of the EDA. Staff has met with members of our state delegation regarding this need for special legislation. It is anticipated this legislation will be presented during the upcoming General Assembly Session. 3) A plan must be developed to transition the existing EDC staff to EDA staff. Staff has checked with IDA legal counsel and it has been determined that the name change from Industrial Development Authority to Economic Development Authority would not affect the outstanding bond financings. Minute Book Number 39 Board of Supervisors Regular Meeting of 01/08/14 �9� At the Board's December 6, 2013 meeting, the Board discussed the proposed make up of the new EDA. It was the consensus of the board members that the new EDA would consist of three members each from the existing EDC and. IDA and one member of the Board of Supervisors. Staff is seeking board action to affirm the membership of the new EDA. Administrator Riley advised the Board would address this later in the meeting as a public hearing to amend the ordinance creating the IDA would be held. Reduction in Proffer Requirements — (Resolution #034 -14) The Development Impact Model Oversight Committee conducted a re- evaluation of the current Development Impact Model, taking into account current economic conditions. The Committee discussed the passibility of offering credits for proffered transportation improvements above those typically expected to address transportation impacts. The Development Impact Model Oversight Committee recommended approval of a policy modification to enable credit for transportation. After some discussion, the Board's consensus was to allow transportation credits For rezonings. Staff is seeking board action to affirm the change to the Impact Model to allow transportation credits. The Development Impact Model Oversight Committee will continue to re- evaluate the model to see if further modifications would be appropriate. Those additional areas of study include: - Tax contributions that may result from new residential development. - Tax contributions that may result from new commercial development associated with a residential development proposal. In addition, the Committee is to review the model to see if there are any components that prohibit growth. Upon a motion by Supervisor Lofton, seconded by Supervisor Hess, the Board approved the resolution to enable proffered transportation improvement credits against the Development Impact Model. Chairman Shickle asked if there would be a way for the Board to re- evaluate this change to see if it did what we thought it would. He asked is a sunset clause would be appropriate. Administrator Riley responded that a sunset clause would be appropriate. Supervisor Fisher said this is credit is getting into a gray area and we need to be careful. Upon a motion by Supervisor Lofton, seconded by Supervisor Hess, the Board amended the original motion to include a two yeax sunset clause to allow staff and the Board to review the impact. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Christopher E. Collins Absent Charles S. DeHaven, Jr. Aye Gene E..Fisher Nay Robert A. Hess Aye Minute Book Number 39 Board of Su�rervisors Regular Meeting of 01/08/14 195 Gary A. Lofton Aye Robert W. Wells Aye WHEREAS, Sec. 15.2 -2298 of the Code of Virginia enables Frederick County to accept cash proffers as part of the conditional rezoning process; and WHEREAS, Frederick County has exercised such authority since 1990 as a method for rezoning applicants to mitigate the projected fiscal impacts of development projects an county capital facilities, and the County utilized economic modeling created by Hammer- Siler- George Associates to project fiscal impacts; and WHEREAS, the Frederick County Board of Supervisors, in November 2005, adopted the current Development Impact Model (DIM), created by Tischler &Associates, to project the impact development places on the county's capital facilities, authorized staff to utilize the DIM to project impacts development places on the county's capital facilities, and annually updates the DIM in order to maintain the DIM's accuracy in projecting development impacts; and WHEREAS, an applicant for a rezoning may seek, by proffer, to mitigate the rezoning's projected impacts on the counry's capital facilities; and WHEREAS, an applicant for a rezoning may seek, by proffer, to mitigate the proposal's impacts on the transportation network by constructing transportation improvements identified in a Transportation Impact Analysis (TIA), and commit to implement aspects of the Comprehensive Plan's road plans and other long range transportation plans; and WHEREAS, proffered transportation commitments that implement aspects of the Comprehensive Plan's road plans and other long range transportation plans are recognized as contributions to greater community; and WHEREAS, County staff, with assistance from each rezoning applicant and the Virginia Department of Transportation (VDOT), may determine the value by which the applicant's proffered transportation improvements exceeds the value of the transportation improvements identified in the TTA; NOW, THEREFORE, SE IT RESOLVED that the Frederick County Board of Supervisors permits the value of a project's proffered transportation improvements which exceed those improvements identified in a project's TIA to be utilized as credit values to reduce the amounts identified by the DIM far the project. This transportation credit opportunity will remain in effect for 2 years beginning on January 8, 2014. Passed this 8th day of January, 2014. The amended motion was- approved by the following recorded vote: Richard C. Shickle Aye Christopher E. Collins Absent Charles S. DeHaven, Jr. Aye Gene E. Fisher Nay Robert A. Hess Aye Gary A. Lofton Aye Robert W. Wells Aye Phase I Recommendations Continued. There remain three outstanding items from the Committee's phase I recommendations. Those items are: 1} Signage Along Major Routes Entering Frederick County This recommendation was. forwarded to the Transportation Committee and the Economic Development Commission for review of signage placement and messaging, respectively. The Minute Book 1Sumber 39 Board of Supervisors Regular Meeting of 01 /OSllh • 'ti EDC staff is finalizing a proposed design, which will be shared with the current Industrial Development Authority. Once approved, it will go to the Transportation Committee. 2) Review and Evaluation of the Master Developrent Plan Process The re- evaluation of the current Master Development Plan process has been referred to the Planning Commission and the Development Review and Regulations Committee. 3) Simplificatior> of the Landscape Ordinance The re- evaluation of the current Buffers and Landscaping Ordinance has been referred to the Planning Commission and the Development Review and Regulations Committee. Once staff receives the final recommendations from the respective committees, it is envisioned these items will part of a future work session agenda. Should you have any questions, please do not hesitate to contact me. HUMAN RESOURCES COMMITTEE REPORT - APPROVED The HR Committee met in the First Floor Conference Room at 107 North Kent Street on Friday, December 6, 2013, at 8:00 a.m. Committee members present were: Supervisor Robert Hess, Supervisor Robert Wells, Supervisor Chris Collins, Citizen Member Dorrie Greene, and Citizen Member Beth Lewin. Committee member absent was Citizen Member Barbara Vance. Also present were: Assistant County Administrator Kris Tierney, County Attorney Rod Williams, NRADC Superintendent Jim Whitley, DSS representative Delsie Butts, Assistant Finance Director Sharon Kibler, and Budget Manager Jennifer Place. ** *Items Requiring Action * ** 1. Approval of Updated Human Resources Policy. The Committee recommends adoption of the updated HR policy, XVI; Employment Classifacation, included in the Board of Supervisors' packet. (Attachment A) Supervisor Hess noted the following correction to section 16.2 of the proposed policy update: "Part time employment is defined as employment of any person -who is not in a position authorized as a full time position by the Board of Supervisors and works less than 37.5 hours per week hours er week. Part time positions do not provide health and welfare benef is ". Upon a motion by Supervisor Hess, seconded by Supervisor Lofton, the Board approved the revision to the Human Resources policy, XVI, Employment CIassification. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Christopher E. Collins Absent Charles S. DeHaven, Jr. Aye Gene E. Fisher Aye Robert A. Hess Aye Gary A. Lofton Aye Robert W. Wells Aye ** *Items Not Requiring Aetion*** L As Part of the Committee's Monthly Department Presentations, Superintendent Whitley Offered an Overview of the Northwestern Regional Adult Detention Center. Minute Book Number 39 Board of Supervisors Regular Meeting of 01/08/14 197 2. The HR Director Presented an Overview of the Department's Proposed Budget to be Submitted for Fiscal Year 2015. (Attachment B) There being no further business, the meeting was adjourned. The next HR Committee meeting is scheduled for Friday, January 10, 2014. CODE &ORDINANCE COMMITTEE REPORT - APPROVED The Code &Ordinance Committee met on Monday, December 16, 2013 at 3:00 P.M., in the Board of Supervisors' Closed Session Room, County Administration Building, 107 North Kent Street, Winchester, Virginia. Present were Christopher E. Collins, Chairman; Robert A. Hess; James Drown; and Stephen Butler. Committee members Derek Aston and Robert Wells were absent. Also present were County Administrator John R. Riley, Jr.; Jay E. Tibbs, Deputy County Administrator; County Attorney Rod Williams; Ellen Murphy, Commissioner of the Revenue; and C. William Orndoff, Jr., Treasurer. The committee submits the following: ** *Items Requiring Board Action * ** 1. Proposed Amendments to the Frederick County Code, Chapter 155, Taxation, Various Articles /Sections; and Chapter 112 Massage Parlors and Health Clubs. The Code and Ordinance Committee reviewed a request to amend the Frederick County Code, Chapter 155 Taxation. A number of the proposed amendments would bring the County Code into conformance with the State Code. In addition, amendments were proposed to allow the establishment of a business license tax for wine wholesalers and to allow businesses in the Town of Stephens City and Middletown that hold a valid business license to be exempt from the festival business license requirement, similar to the treatment of County businesses, Finally, the repeal of Chapter 112, Massage Parlors and Health Clubs is being proposed because the Code of Virginia contains no express authority for local regulation. Upon a motion by Mr. Hess, seconded by Mr. Butler, the Code and Ordinance Committee forwarded this item to the Board for public hearing with a recommendation of approval. The motion was unanimously approved. Upon a motion by Supervisor Lofton, seconded by Supervisor Fisher, the Board approved sending the proposed amendments forward for public hearing by the following recorded vote: Richard C. Shickle Aye Christopher E. Collins Absent Charles S. DeHaven, Jr. Aye Gene E. Fisher Aye Robert A. Hess Aye Gary A. Lofton Aye Robert W. Wells Aye Chairman Shickle asked staff to contact the City to see what actions they took regarding massage parlors, why those actions were taken, and were there any subsequent code amendments regarding enforcement or regulation of these facilities. 2. Proposed Amendments to Chapter 155, Taxation, Article XXV Exemption for Nonprofit Organizations. Mr. Butler abstained from consideration of this item. The Code and Ordinance Committee reviewed a request to amend the Frederick County Code, Chapter 155 Taxation, Article XXV Exemption for Nonprofit Organizations. The proposed amendments would principally accomplish two goals. First, the amendments would have the ordinance fully conform with the corresponding state law provisions, as the state law Miuute Book Number 39 Board of supervisors Regular Meeting of Ul /OS11q i has evolved since 2003, when the General Assembly gave authority to localities to grant new tax exemptions. Specifically; this- includes the insertion of the new 155- 153(B), setting out the triennial application procedure which is a prerequisite to any request the County might make to the General Assembly for the repeal of a pre -2003 General Assembly exemption. Second, 155- 154 is proposed for repeal because the list of organizations granted exemptions appears to have been added by the Code publisher for unknown reasons and does not currently reflect all exemptions the Board has granted (the Board's exemption actions in fact never stated a requirement to include Them in the County Code), the section is not necessary. It should be Hated the exemptions would remain in force. Upon a motion by Mr. Hess, seconded by Mr. Drown, the Code and Ordinance Committee forwarded this item to the Board for public hearing with a recommendation of approval. The motion was approved. Upon a motion by Supervisor Loion, seconded by Supervisor Hess, the Board approved sending the proposed amendments forward for public hearing by the following recorded vote; Richard C. Shickle Aye Christopher E. Collins Absent Charles S. DeHaven, Jr. Aye Gene E. Fisher Aye Robert A. Hess Aye Gary A. Lofton Aye Robert W. Wells Aye Chairman Shickle asked if there could be an annual distribution to the Board regarding those properties having tax exempt status. Commissioner of the Revenue Ellen Murphy responded that she could provide the Board with an annual list. STORMWATER SUBCOMMITTEE REPORT — UPDATE OF NEW _STORMWATER PERMIT PROGRAM AND ORDINAN_ CE (FOR INFORMATION ONLI') Deputy Director of Public Works Joe Wilder appeared before the Board to provide an update on the new �stormwater permit program and ordinance. He noted this had been a two year process. State regulations require local government oversight of stormwater management by July 2014. He stated there had been numerous changes in deadlines, enforcement agencies, etc. throughout this process. He went on to say the draft ordinance is to be delivered to the State by January 15, 2014 and a draft had been provided to the Board previously for their review. He went on to say these changes are being driving by the Clean Water Act and the Environmental Protection Agency. He explained that the County would be able to enforce this new ordinance in house. He noted the state would receive 28% of the fees collected by the County. Deputy Director Wilder explained there would be a slight increase in local revenue, but the fees would not be significant enough that they would deter development. These fees have to be used to fund Minute Book Dumber 39 Board of supervisors Regular Meeting of 01108 /L9 � 9� the department. He concluded by saying the draft being submitted to the State had been reviewed by the county attorney, subcommittee, etc. Chairman Shickle asked if anyone who does not currently pay a fee will have to pay a fee once this is implemented. Deputy Director Wilder responded no. Chairman Shickle stated this was a prime example of where we need a public information officer to help get the word out. . Supervisor Wells Thanked staff for a job well done. Supervisor Fisher expressed his appreciation to Deputy Director Wilder far his work. He went on to say the state had a number of changes during this process, but it is not over yet. PUBLIC HEARING PUBLIC HEARING - AMENDMENT TO THE 2013 -2014 FISCAL YEAR BUDGET._— PURSUANT TO SECTION 15.2 -2507 _OF THE CODE OF VIRGINIA, 1950, AS AMENDED, THE BOARD OF SUPERVISORS WTLL HOLD A PUBLIC HEARING TO AMEND THE FISCAL YEAR 2013 -2014 BUDGET TO REFLECT: SCHOOL CONSTRUCTION FUND SUPPLEMENTAL APPROPRIATION IN THE AMOUNT OF $45.5 MILLION FOR REPLACEMENT FREDERICK COUNTY MIDDLE SCHOOL. THIS PROJECT NEARING THE POINT TO SEEK SOLICITATION FOR CONSTRUCTION .BIDS AND IS THE REMAINING APPROPRIATION AMOUNT NEEDED FOR THE REPLACMENT FREDERICK COUNTY MIDDLE SCHOOL PROJECT. — (RESOLUTION #032 -14) - APPROVED Administrator Riley advised this was a request to amend the fiscal year 2013 -2014 budget in the amount of $45.5 million for the replacement of the Frederick County Middle School. Chairman Shickle convened the public hearing. Susan Brinkmeier, Stonewall District and principal of Frederick County Middle School, stated there was a need to prepare students to work collaboratively and think critically. She went on to say we have worked hard to create a positive learning environment and the new middle school is designed to meet the physical and academic needs of the students. She noted the design of the new middle school has re- energized some teachers and staff is working to help the teachers' transition to a new learning environment. She concluded by asking the Board to please approve the money needed to construct the new school. Dr. David Bovine, Superintendent of Schools, advised The current Frederick County Middle School opened in 1965 and is need of updating. He noted this project has been on the Capital Improvement Plan far a number of years. He went on to say the new facility was Minute Book Number 39 Board of Supervisors Regular Meeting of 01/08/14 2oQ designed and developed after an extensive public input process and feedback on the project has been overwhelmingly. positive. He thanked the Board for working collaboratively with the ,School Board on this project and he requested the Board approve the $45.5 million construction ��� There being no more public comments, Chairman Shickle closed the public hearing. Upon a motion by Supervisor Fisher, seconded by Supervisor Wells, the Board approved the resolution amending the FY2013 -2014 budget. WHEREAS, Pursuant to Section 15.2 -2507 of the Code of Virginia, 1950, as Amended, the Frederick County Board of Supervisors, meeting in regular session and public hearing held on January 8, 2014, took the following action; NOW, THEREFORE, BE IT RESOLVED, by the Board of Supervisors that the FY 2013 -2014 Budget be Amended to Reflect: School Construction Fund Supplemental Appropriation in the „Amount of $45.5 Million for Replacement Frederick County Middle School. This Project is Nearing the Point to Seek Solicitation for Construction Bids and is the Remaining Appropriation Amount Needed for the Replacement Frederick County Middle School Project. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Christopher E. Collins Absent Charles S. DeHaven, Jr. Aye Gene E. Fisher Aye Robert A. Hess Aye Gary A. Lofton Aye Robert W. Wells Aye PUBLIC HEARING - AN ORDINANCE TO AMEND THE ORDINANCE CREATING THE INDUSTRIAL DEVELOPMENT AUTHORITY OF THE COUNTY OF FREDERICK, _ VIRIGNIA, ADOPTED BY THE BOARD,,,, OF SUPERVISORS OF FREDERICK COUNTY, VIRGINIA ON OCTOBER 24. 1967_ 3A,NGE THE 1\ DEVELOPMENT AUTHORITY OF , THE COUNTY ._„ OF FREDERICK, VIRGINIA TO THE ECONOMIC DEVELOPMENT AUTHORITY OF THE COUNTY OF FREDERICK, VIRGINIA, PURSUANT TO THE PROVISIONS OF SECTION 1.5.2 -4903 C OF THE CODE OF VIRGINIA 1950 AS AMENDED AND 2 TO STATE THAT THE AUTHORITY SHALL CONTINUE TO HAVE ALL OF THE POWERS SET FORTH IN CHAPTER 49 OF TITLE 1.5.2 OF THE CODE OF VIRGII�TIA, 1.950, AS AMENDED. - APPROVED Administrator Riley this was a public hearing to amend the ordinance creating the Industrial Development Authority of the County of Frederick, Virginia adopted by the Board on October 24, 1967. The ordinance will change the authority's name to the Economic Development Authority of the County of Frederick, Virginia. The Authority will continue to have all of the powers set forth in Chapter 49 of Title 15.2 of the Code of Virginia, 1950, as amended. Chairman Shickle convened the public hearing. Minute Book Number 39 Board of Supervisors Regular Meeting of Ol /08114 �o� There were no public comments. Chairman Shickle closed the public hearing. Upon a motion by Supervisor DeHaven, seconded by Supervisor Lofton, the Board appraved the ordinance to amend the ordinance creating the Industrial Development Authority of the County of Frederick, Virginia. The Board of Supervisors of Frederick County, Virginia hereby ordains that the Ordinance Creating the Industrial Development Authority of the County of Frederick, Virginia, adopted by the Board of Supervisors of Frederick County, Virginia on October 24, 1967, be, and the same hereby is, amended as follows, effective immediately. {1} The name of the Authority is changed from the Industrial Development Authority of the County of Frederick, Virginia to the Economic Development Authority of the County of Frederick, Virginia, pursuant to the provisions of §15.2- 4903 {C) of the Code of Virginia, 1950, as amended. (2} The Authority shall continue to have ail of the powers set forth in Chapter 49 of Title 15.2 of the Code of Virginia, 1950, as amended. Enacted this 8th day of .lanuary, 2014. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Christopher E. Collins Absent Charles S. DeHaven, Jr. Aye Gene E. Fisher Aye Robert A. Hess Aye Gary A. Lofton Aye Robert W. Wells Aye BOARD LIAISON REPORTS There were no Board liaison reports. CITIZEN COMMENTS There were no citizen comments. BOARD OF SUPERVISORS COMMENTS Supervisor Fisher stated there were a number of recommendations that would be coming forward that are interesting to him. He stated the issues would be challenging in this economic climate and we might be getting ahead of the curve on some of these things. ADJOURN UPON A MOTION BY VICE - CHAIRMAN DEHAVEN, SECONDED BY SUPERVISOR FISHER, THERE BEING NO FURTHER BUSINESS TO COME BEFORE THIS BOARD, THIS MEETING IS HEREBY ADJOURNED. (8:24 P.M.} Miuute Boak Number 39 Board of Supervisors Regular Meeting of 01/08/14 2Q2 -. Richard C. Shickle Chairman, Board of Supervisors J h . Ril , Jr. C erk, Board o� Supervisors Minutes Prepared By: Jay E. Tib Deputy Clerk, Board of Supervisors Minute Book Number 39 Board of Supervisors Regular Meeting of 41/U8/1�1