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January 22 2014 Regular Meeting Minutes�: A Regular Meeting of the Frederick County Board of Supervisors was held on Wednesday, January 22, 2014, 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.; Gene E. Fisher; Robert A. Hess; Gary A. Lofton; and Robert W. Wells. ABSENT Christopher E. Collins. CALL TO ORDER Chairman Shickle called the meeting to order. INVOCATION Supervisor Fisher delivered the invocation. PLEDGE OF ALLEGIANCE Vice - Chairman DeHaven led the Pledge of Allegiance. ADOPTION OF AGENDA - APPROVED Administrator Riley advised he had no changes to the agenda. Upon a motion by Supervisor Lofton, seconded by Vice�Chairman 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 following items for the Board's consideration under the consent agenda: - Parks and Recreation Commission Report —Tab D; - Technology Committee —Tab E; and - Human Resources Committee —Tab F. Upon a motion by Supervisor Hess, seconded by Supervisor Lofton, the Board approved the consent agenda by the following recorded vote: Richard C. Shickle Aye Christopher E. Collins Absent Minute Boak Number 39 Board of Supervisors Regular Meeting of 01/22114 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 Vice - Chairman DeHaven, seconded by Supervisor Wells, the Board approved the minutes from the January $, 2014 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 COMMITTEE APPOINTMENTS REAPPOINTMENT OF JOHN R. RILEY JR. AS COUNTY REPRESENTATIVE TO THE COMMUNITY CORRECTIONS JUSTICE BOARD (CCJB) AND ALCOHOL SAFETY AND ACTION PROGRAM (ASAP) - APPROVED Upon a motion by Supervisor Lofton, seconded by Supervisor Hess, the Board reappointed John R. Riley, Jr, as county representative to the Community Corrections Justice Board (CCJB} and Alcohol Safety and Action Program (ASAP }. This is a three year appointment. Terra expires February 22, 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 APPOINTMENT OF KEVIN SCOTT AS SHAWNEE DISTRICT REPRESENTATIVE TO THE EXTENSION LEADERSHIP COUNCIL - APPROVED Minute Book 1�lumber 39 Board of Supervisors Regular Meeting of 01/22/14 rt� z� o Upon a motion by Supervisor Fisher, seconded by Vice - Chairman DeHaven, the Board appointed Kevin Scott as Shawnee District representative to the Extension Leadership Council. This is a four year appointment. Term expires January 22, 2018. 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 REAPPOINTMENT OF CHRISTOPHER M. MOHN AND CHARLES F. DUNLAP AS RED BUD DISTRICT REPRESENTATIVES TO THE PLANNING COMMISSION - APPROVED Upon a motion by Supervisor Fisher, seconded by Supervisor Hess, the Board reappointed Christopher M. Mohn and Charles F. Dunlap as Red Bud District representatives to the Planning Commission. This is a four year appointment. Terre expires January 27, 2018. 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 R�UEST FROM COMMISSIONER OF THE REVENUE FOR REFUNDS - APPROVED Administrator Riley advised this was a request from the Commissioner of the Revenue for a supplemental appropriation and to authorize the Treasurer to refund Darien LLC the amount of $5,920.16, for adjustment to business equipment filing for 2013. This refund resulted from a state mandate requiring the equipment of car washes to be taxed as machinery and tools instead of personal property. Upon a motion by Supervisor Lofton, seconded by Supervisor Wells, the Board approved the supplemental appropriation and refund request. The above motiar� 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!22114 -211 Administrator Riley advised this was a request from the Commissioner of the Revenue for a supplemental appropriation and to authorize the Treasurer to refund Jacob Charon, Trustee, and Lois K. Charon, Trustee, Trustees of the Jacob Charon and Lois K. Charon Revocable Living Trust Under Agreement Dated February 23, 1999, the amount of $3,781.44, for adjustment to real estate taxes for 2013 on property in the Town of Middletown as appealed to the Board of Equalization. The building was proven to contain interior damage and changes that were not known to the assessor. Upon a motion by Supervisor Lofton, seconded by Supervisor Fisher, the Board approved the supplemental appropriation and refixnd request. 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 January 14, 2014. Members present were: Kevin Anderson, Patrick Anderson, Greg Brondos, Jr., Randy Carter, Marty Cybulski, Gary Longerbeam, Ronald Madagan, and Charles Sandy, Jr. Members absent were: Christopher Collins. Items Requiring Board of Supervisors Action: None Submitted for Board Information Only: 1. Election of Officers — Mr. Madagan moved to amend the by -laws (Article 4, Section 1) to allow the vice chairperson io serve more than two consecutive terms, motion died due to lack of a second. Mr. Madagan moved to amend the by -laws {Article 4, Section 1} to allow the vice chairperson to serve more than two consecutive terms for the 2014 election only, second by Mr. Sandy, motion carried unanimously {8 -0 }. 2. Election of Chairperson — Mr. Madagan moved to nominate Mr. Charles Sandy, Jr. as Chairperson, second by Mr. Patrick Anderson, motion carried unanimously (8 -0). 3. Election of Vice Chairperson — Mr. Madagan moved to nominate Mr. Gary Longerbeam as Vice Chairperson, second by Mr. Patrick Anderson. Mr. Cybulski moved to nominate Mr. Patrick Anderson, second by Mr. Longerbeam. Mr. Longerbeam was elected Vice Chairperson by a vote o.f (7 -1). Minute Book Dumber 39 Board of Supervisors Regular Meeting of 01/22/14 212 4. Meeting, Date, Time, and Place — Mr. Sandy moved to continue meeting on the 2nd Tuesday of each month at 7 :00 PM and alternate the meeting place so each magisterial district is used as a meeting place twice a year, second by Mr. Madagan, motion carried unanimously {8- 0). TECHNOLOGY COMMITTEE REPORT -- APPROVED UNDER CONSENT AGENDA The Board of Supervisors Information Technology Committee met on Wednesday, January 08, 2014 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. Committee members absent were: Quaiser Absar; Todd Robertson, Bob Wells and Brian Madagan. Others Present included: Sharon Kibler, Assistant Finance Director; Walter Banks, IT Director; Kris Tierney, Assistant County Administrator; Patrick Fly, GIS Manager; Alisa Scott, Administrative Assistant and Matt Armstrong, Winchester Star, The committee submits the following: ** *Items Requiring Board Action * ** NONE. ** *Items NOT Requiring Board Action * ** 1. Recommendation to Forward the CIT Broadband Study to the Board of Supervisors to Facilitate Improvements to Broadband in Frederick County. The committee discussed the study and the consensus of the members present was to forward the CIT Broadband Study to the Board. It was the Committee's desire for the Board to accept the report and refer the recommendation to the appropriate staff for further evaluation. 2. Recommendation to Forward to the Finance Committee a Request for $167,972.85 for the Purchase of Replacement PC Units that are Unable to be Upgraded to the Windows 7 Operating System. The committee discussed the news that the Windows XP operating system will be discontinued as of April 2014. The consensus of the members present was that the computers need to be replaced due to the potential high security risk to the network. 3. Reminder About Commonwealth's Attorney's Office Requesting Replacement Case Management Software and Hardware Moving Forward to the January Finance Committee Meeting. The committee discussed the desire for an updated quote reflecting an extension on the discount and taking a look at the back log on the current case management system. Since the meeting; thexe are two updates for the committee: a. Andy Robbins will be sending confirmation to the Finance Committee concerning the extended discount within our timeframe for the requested $140,000.00. b. The Case Management System implementation back log referenced during the meeting is due to limited resources required for the transfer of data from the old system to the new system. The new system; Software Unlimited will not have its experts available until late June /July. The requirements for hardware installation and contract negotiations will be 60 -90 days. The hardware would need to be implemented in the AprillMay timeframe. Software could then be installed for the new system ready for transfer to begin during the JunelJuly timeframe. Minute Book Number 39 Board oi' Supervisors Regular Meeting of 01/22/14 213 HUMAN RESOURCES COMMITTEE REPORT — APPROVED UNDER CONSENT AGENDA The HR Committee met in the First Floor Conference Room at 107 North Kent Street on Friday, January 10, 2014 at 12:00 p.m. Committee members present were: Supervisor Robert Hess, Supervisor Robert Wells, and citizen member Dorrie Green. Committee members absent were Supervisor Chris Collins and citizen members Beth Lewin and Barbara Vance. Also present were: County Administrator John R. Riley, Jr., County Attorney Rod Williams, Fire and Rescue Chief Dennis Limburg, and Deputy Chief Bill Bowmaster.. 1. None. ** *Items Requiring Action * ** ** *Items Not Requiring Action * ** 1. Presentation. by the Director of Fire and Rescue, Dennis Limburg. At the request of the Committee, Mx. Limburg presented an overview of the objectives and responsibilities of the Fire and Rescue Department. The presentation also provided the Committee an understanding of his employee population, the skills required, and topics of importance.within his department. Presentation attached. 2. Request From Fire &Rescue Director far New Positions to Staff Our Star Tannery Station. The Committee supports the request to add 6 new positions at the station. Committee recommends forwarding request to Finance Committee for funding consideration. 3. Annual Review of Committee Charter. There being no further business, the meeting was adjourned. The next HR Committee meeting is scheduled for Friday, February 7, 2014. FINANCE COMMITTEE REPORT — APPROVED The Finance Committee met in the First Floor Conference Roam at 107 North Kent Street on Wednesday, January 15, 2014 at 8;00 a.m. The Audit Committee met immediately following. AlI members were present. -Items 3 and 7 were approved under consent agenda. Upon a motion by Vice - Chairman DeHaven, seconded by Supervisor Wells, the Board approved items 3 and 7 under consent agenda. 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 1. The Parks &Recreation Director presents information on the proposed Rose Hill Park and requests approval of the proposed lease agreement. See attached information, p. 4 -25. The committee recommends approval of the lease agreement pending review by the County Attorney. — Approved. Minute Boak Number 39 Board of Supervisors Regular Meeting of U1 /22114 1 �# Upon a motion by Vice - Chairman DeHaven, seconded by Supervisor Hess, the Board approved the above request by the following recorded vote; Richard C. Shickle Aye 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. The Deputy Commonwealth's Attorney requests a General Fund su lemental a ro riation in the amount of $140 000. This amount represents case management softwaxe ($100,000) and equipment upgrades required by the IT department {$40,000). Local funds are required. The IT Committee has approved the project. See attached information, p. 26035. The committee recommends approval. — Approved. Upon a motion by Vice - Chairman DeHaven, seconded by Supervisor Lofton, the Board approved the above request by the following recorded vote: Richard C. Shickle Aye 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. The Sheriff requests a General Fund su lemental a ro riation in the amount of 5 195. This amount represents an insurance reimbursement for the loss of a vehicle. No local funds required. See attached memo, p. 36 -37. — Approved Under Consent Agenda. 4. The Fire &Rescue Chief xequests a General Fund su lemental a ro riation in the amount of $30,757. This amount represents a grant to purchase Lucas Auto Pulse devices. No local funds required. See attached information, p. 3 8 -46. 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 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 5. The Fire &Rescue Chief requests a General Fund su lemental a ro riation in the amount of $52 583. This amount represents a Virginia Homeland Security Grant for the HazMat Team. No -local funds required. See attached information, p. 47 -54. The committee recommends approval. -- Approved. Upon a motion by Vice - Chairman DeHaven, seconded by Supervisor Hess, the Board approved the above request by the following recorded vote; Richard C. Shickle Aye Christopher E. Collins Absent Minute Book Number 39 Board of supervisors Regular Meeting of 01/22/14 2�� Charles S. DeHaven, Jr. Aye Gene E. Fisher Aye Robert A. Hess Aye Gary A. Lofton Aye Robert W. Wells Aye 6. The IT Director requests a General Fund supplemental appropriation in the amount of 167 973. This amount represents funds required to upgrade Windows XP computers, The IT Committee has reviewed this request; however, no action was taken due to lack of quorum. Local funds are required. See attached information, p. 55 -58. The committee recommends approval. — Approved. Upon a motion by Vice - Chairman DeHaven, seconded by Supervisor Lofton, the Board approved the above request by the following recorded vote: Richard C. Shickle Aye 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 7. The Finance Director requests a General Fund su lemental a ro riation in the amount of $6 657.17. This amount represents. unspent VJCCCA funds to be returned to the State. See attached letter, p. 59. — Approved Under Consent Agenda. 8. The Fire &Rescue Chief requests a General Fund supplemental appropriation in the amount of $1 60,755. This amount represents funds required to hire six (6) additional 6refighter/EMTs for Star Tannery. This item was approved by the Public Safety Committee and the HR Committee. Local funds will be required. See attached information,. p. 60 -68. The committee recommends postponement of this item awaiting further information. 9. The Treasurer requests a Community Developnnent Authority Fund supplemental appropriation in the amount of $43,008.93. This amount represents funds collected far CDA taxes in prior .years. No local funds are required. See attached memo, p. 69. The committee recommends approval. — Approved. Upon a motion by Vice - Chairman DeHaven, seconded by Supervisor Lofton, the Board approved the above request by the following recorded vote: Richard C. Shickle Aye 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 I0. The Finance Director discusses the FY2013 Comprehensive Annual Financial Report (CAFR). No action is required. AUDIT COMMITTEE 1. Dave Foley from Robinson, Farmer, Cox Associates will present the FY2013 final audit and be available for discussion of the upcoming FY2014 audit. The committee authorized the Finance Committee Chairman to sign the engagement letter for the FY2015 audit. — Approved. Minute Book dumber 39 Board of Supervisors Regular Meeting of 01/22/14 �� s Upon a motion by Vice - Chairman DeHaven, seconded by Supervisor Hess, the Board approved the above request by the following recorded vote: Richard C. Shickle Christopher E. Collins Charles S. DeHaven, Jr, Gene E. Fisher Robert A. Hess Gary A. Lofton Robert W. Wells Aye Absent Aye Aye Aye Aye Aye INFORMATION ONLY 1. The Finance Director provides a Fund 10 Transfer Report for FY 2014. See attached, p. 70. 2. The Finance Director provides FY 2014 Financial statements for the period ending December 31, 2013: See attached, p. 71 -81. 3. The Finance Director provides the FY 2014 Fund Balance Report for the period ending December 31, 2013. See attached, p. 82. 4. The Voter Registrar provides the ofFice summary of work for December 2013 and for the year 2013. See attached information, p. 83 -85. PLANNING COMMISSION BUSINESS PUBLIC HEARING PUBLIC HEARING - CONDITIONAL USE PERMIT #06 -13 OF KAREN GARNER, FOR A COTTAGE OCCUPATION — NAIL SALON. THE PROPERTY IS LOCATED AT 114 LAKESIDE DRIVE, �_�� AND IS IDENTIFIED WITH PROPERTY IDENTIFICATION NUMBER 75B- 6 -A -20A IN THE SHAWNEE MAGISTERIAL DISTRICT. - APPROVED Zoning Administrator Mark Cheran appeared before the Board regarding this item. He advised this was a request for a cottage occupation from Karen Garver for a nail salon. The property is located at 114 Lakeside Drive in Stephens City, in the Shawnee Magisterial District. Zoning Administrator Cheran noted the proposed use would take place in a dwelling and would be restricted to no more than four customers. The Planning Commission recommended approval of this conditional use permit with the following conditions: 1. All review agency comments and requirements shall be complied with at all times. 2. No signage allowed with this Conditional Use Permit. 3. Hours of operation shall be 4:30 p.m. tb 7:30 p.m. Monday through Thursday. 4. No more than four (4) customers per day. 5. No employees permitted, beyond those residing on the premises. b. Any expansion or change of use shall require a new Conditional Use Permit. Chairman Shickle convened the public hearing. Minute Book Number 39 Board of Supervisors Regular Meeting of 01/22/14 ��� There were no public comments. Chairman Shickle closed the public hearing. Upon a motion by Supervisor Fisher, seconded by Supervisor Lofton, the Board approved Conditional Use Permit #06 -13 with the conditions listed. 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 - CONDITIONAL USE PERMIT #07 -1.3 OF SCOTT SWEENEY, FOR A COTTAGE_ OCCUPATION — PUBLIC GARAGE. THE PROPERTY IS LOCATED AT 441 RED OAK ROAD AND IS IDENTIFIED WITH PROPERTY IDENTIFICATION NUMBER 18 -A -22D IN THE GAINESBORO MAGISTERIAL DISTRICT. - APPROVED Zoning Administrator Mark Cheran appeared before the Board regarding this item. He advised this was a request for a conditional use permit for a public garage. The property is zoned RA and is located on Red Oak Road in Cross Junction, in the Gainesboro Magisterial District. The Planning Commission recommended approval with the following conditions: 1. All review agency comments and requirements shall be complied with at all times. 2. Any proposed business sign shall conform to Cottage Occupation sign requirements and shall not exceed four {4} square feet in size and five (5) feet in height. 3. Operation limited to the applicant and one {1 }additional employee. 4. No more than five (5) customers per day. 5. The applicant will be limited to repairing only five (5) vehicles on site at anytime. 6. All repair activities shall occur entixely within the enclosed structure. 7. Hours of operation shall be Monday- Saturday 8:00 a.m. to 6:00 p.m., no repair activities will take place on Sunday. 8. Any expansion or change of use shall require a new Conditional Use Permit. Chairman Shickle convened the public hearing. There were no public comments. Chairman Shickle closed the public hearing. Upon a motion by Supervisor Hess, seconded by Supervisor Wells, the Board approved Conditional Use Permit #07 -13 with the conditions listed. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Minute Book Number 39 Board of Supervisors Regular Meeting of 01/22/14 2� � 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 There were no Board of Supervisors' comments. 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. (7:23 P.M.) ti ��Q �Q.- -2--.� Richard C. Shickle Jo ey, Jr. Chairman, Board of Supervisors � lerk, Board of Supervisors Minutes Prepared By: `�' Jay E Ti bs Deputy Clerk, Board of Supervisors Minute Book Number 39 Board of Supervisors Regular Meeting of 01/22/14