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February 26 2014 Regular Meeting Minutes24s A Regular Meeting of the Frederick Couniy Board of Supervisors was held on Wednesday, February 26, 2014, at 6:15 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. BOARD RETIRED INTO CLOSED SESSION Upon a motion by Vice - Chairman DeHaven, seconded by Supervisor Lofton, the Frederick County Board of Supervisors convened in closed session pursuant to Virginia Code Section 2.2- 3711 {A)(7), far consultation with legal counsel regarding specific legal matters concerning the Russell 150 Community Development Authority assessments, related charges, fees, and costs, and the Memorand�.un of Understanding, dated May 1, 2007, setting forth various understanding with respect to the Russell 150 Community Development Authority, said consultation requiring the provision of legal advice by such counsel. The above motion was approved by the following recorded vote: Richaz�d 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 BOARD RECONVENED INTO REGULAR SESSION Upon a motion by Vice - Chairman DeHaven, seconded by Supervisor Fisher, the Board came out of closed session and reconvened in Regular Session. 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 Upon a motion by Vice - Chairman DeHaven, seconded by Supervisor Lofton, the Board certified that to the best of each board member's knowledge the Board discussed only matters Minute Book Number 39 Board of Supervisors Regular Meeting of 02/26/14 z� involving consultation with legal counsel, specifically, legal matters concerning the Russell 150 Community Development Authority assessments, related charges, fees, and costs, and the Memorandum of Understanding, dated May 1, 2007, setting forth various understanding with xespect to the Russell 150 Community Development Authority, said consultation requiring the provision of legal advice by such counsel, pursuant to Virginia Code Section 2.2. -3711 A (7). 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 Gazy A. Lofton Aye Robert W. Wells Aye INVOCATION Supervisor Hess 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 Vice - Chairman DeHaven, seconded by Supervisor Hess, the Board approved the agenda by the following recorded vote: Richard C. Shickle � Aye Christopher E. Collins Aye 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 F; - Human Resources Committee Report —Tab G; and - Public Works Committee Report —Tab H. Upon a motion by Supervisor Wells, seconded by Supervisor Collins, the Board approved the consent agenda by the following retarded vote: Richard C. Shickle Aye Christopher E. Collins Aye Minute Book Number 39 Board of Supervisors Regular Meeting of 02/26/14 r 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 Hess, the minutes from the February 5, 2014 Budget Work Session were approved by the following retarded vote: Richard C. Shickle Aye Christopher E. Collins Aye Charles S. DeHaven, Jr. Aye Gene E. Fisher Aye Robert A. Hess Aye Gary A. Lofton Aye Robert W. Wells Aye COUNTY OFFICIALS EMPLOYEE OF THE MONTH AWARD FOR FEBRUARY, 201.4 — SHANNON M. FULTZ — (RESOLUTION #03� -14} - APPROVED Upon a motion by Supervisor Lofton, seconded by Supervisor Fisher, the Board approved Shannon M. Fultz as employee of the month for February 2014. WHEREAS, the Frederick County Board of Supervisors recognizes that the County's employees are a most important resource; and WHEREAS, on September 9, 1992, the Board of Supervisors approved a resolution which established the Employee of the Month award and candidates for the award may be nominated by any County employee; and WHEREAS, the Board of Supervisors selects one employee from thane nominated, based an the merits of outstanding performance and productivity, positive job attitude and other noteworthy contributions to their department and to the County; and WHEREAS, Shannon M. Fultz who serves the Frederick County Public Safety Communications Deparkment was nominated for Employee of the Month; and WHEREAS, Shannon M. Fultz is being awarded for her achievement in being 104% compliant in Emergency Medical Dispatch. Shannon is recognized for being the only communications officer to ever do so; her compliance and dedication truly make a difference when handling emergency calls. Shannon is commended for her professionalism and dedication to her career in Dispatch. NOW, THEREFORE, BE IT RESOLVED by the Frederick County Board of Supervisors this 26�' day of February, 2014 that Shannon M. Fultz is hereby recognized as the Frederick County Employee of the Month for February 2014; and Minute Boole Number 39 Board of Supervisors Regular Meeting of 02/26lI9 249 BE IT FURTHER RESOLVED that the Board of Supervisors extends its gratitude to the Shannon M. Fultz for her outstanding performance and dedicated service and wishes her continued success in fixture endeavors; and BE IT FURTHER RESOLVED that Shannon M. Fultz is hereby entitled to all of the rights and privileges associated with this award. Adopted February 26, 2014: The above motion was approved by the following recorded vote: Richard C. Shickle Aye Christopher E. Collins Aye Charles S. DeHaven, Jr. Aye Gene E. Fisher Aye Robert A. Hess Aye Gary A. Lofton Aye Robert W. Wells Aye COMMITTEE APPOINTMENTS APPOINTMENT OF THOMAS P. REED AS FREDERICK COUNTY REPRESENTATIVE TO THE MPO CITIZENS ADVISORY COMMITTEE (CAC) _APPROVED Upon a motion by Supervisor Collins, seconded by Supervisor Hess, the Board appointed Thomas P. Reed as Frederick County representative to the MPO Citizens Advisory Committee. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Christopher E. Collins Aye Charles S. DeHaven, Jr. Aye Gene E. Fisher Aye Robert A. Hess Aye Gary A. Lofton Aye Robert W. Wells Aye RE VEST FROM FREDERICK COUNTY SCHOOLS TO SCHEDULE PUBLIC HEARING DATE TO PARTICIPATE IN THE SPRING 2014 VIRGINIA PUBLIC SCHOOL AUTHORITY (VPSA) BOND SALE -- APPROVED PUBLIC HEARING Administrator Riley advised this was a request from the school board for a public hearing to allow the school board to participate in the Virginia Public School Authority Spring 2014 bond sale. The proceeds from the sale will satisfy projected cash needs until the next bond sale in the fall. Funds are for the replacement middle school project ($3.1 million) and for architectural and engineering for the fourth high school ($.16 million). The total amount of the bond application is $4,700,000. Upon a motion by Supervisor Collins, seconded by Supervisor Fisher, the Board authorized the VPSA bond sale public hearing for the April 9, 2014 meeting. The above motion was approved by the following recorded vote: Miuute Book Number 39 Board of Supervisors Regular Meeting of 02/26/14 2501 Richard C. Shickle Aye Christopher E. Collins Aye Charles S. DeHaven, Jr. Aye Gene E, Fisher Aye Robert A. Hess Aye Gary A. Lofton Aye Robert W. Wells Aye _RESOLUTION ( #037 -14� RE: PERFORMANCE AGREEMENT FOR PACTIV, LLC - APPROVED ��� Administrator Riley advised this was a resolution and performance agreement for PACTIV, LLC. The company will be adding additional equipment to capitalize an the growth of the extruded polystyrene products market. The company plans a capital investment of $5 million over three years and the addition of 25 jobs. The resolution authorizes signature of the performance agreement and appropriates a local economic development incentive grant of $50,000 from the County's general fund. Upon a motion by Supervisor Hess, seconded by Supervisor Collins, the Board approved the resolution regarding the performance agreement for PACTIV, LLC. WHEREAS, PACTIV LLC has made known its intent to expand its operation by making new taxable 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 for the County of Frederick, Virginia, does hereby approve and appropriate the payment of $50,000.00 as stated in the executed Performance Agreement to the Economic Development Authority of Frederick County, Virginia from Frederick County's Fund Balance to assist in expanding the operation for PACTN LLC in Frederick County, Virginia. BE IT RESOLVED, chat 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 26�h day of February 2014. The above motion was approved by the following xecorded vote: Richard C. Shickle Aye Christopher E. Collins Aye Charles S. DeHaven, Jr. Aye Gene E. Fisher Aye Robert A. Hess Aye Gary A. Lofton Aye Robert W. Wells Aye COMMITTEE REPORTS Minute Book Number 39 Board of Supervisors Regular Meeting of 02/26/14 25.1 PARKS AND RECREATION COMMISSION REPORT — APPROVED UNDER CONSENT AGENDA The Parks and Recreation Commission met on February 11, 2014. Members present were: Greg Brondos, Jr., Christopher Collins, Gary Longerbeam, Ronald Madagan, and Charles Sandy, Jr. Members absent were: Kevin Anderson, Patrick Anderson, Randy Carter, and Marty Cybulski. Items Requiring Board of Supervisors Action: None. Submitted for Board Information OnIY: '1. Building and Grounds Committee — Frederick County American Little League Request —The Buildings and Grounds Committee recommended to deny Frederick County American Little League's request to hang 3' � 5' banners around the ballfield fences and the exterior of the cancessian building at Clearbrook Park, second by Mr. Longerbeam, motion carried unanimously (4 -0). 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, February 7, 2014 at 8:00 a.m. Committee members present were: Supervisor Robert Hess, Supervisor Robert Wells, and Supervisor Chris Collins. Citizen member Dorrie Green and citizen member Beth Lewin. Also present were: County Attorney Rod Williams, NRADC Superintendent Jim Whitley, and DSS Representative Delsie Butts. ** *Items Requiring Action * ** 1. Approval of the Employee of the Month Award. The Committee recommends approval of Shannon Fultz as the Employee of the Month for February 2014. ** *Items Not Requiring Action * ** 1. Presentation by the County Attorney, Rod Williams. At the request of the Committee, Mr. Williams presented an overview of the objectives and responsibilities of the County Attorney's Office. The presentation also provided the Committee an understanding of his department history, comparisons to other jurisdictions, and topics of importance within his department. There being no further business, the meeting was adjourned. The next HR Committee meeting is scheduled for Friday, March 7, 2014. PUBLIC WORKS COMMITTEE REPORT — APPROVED UNDER CONSENT AGENDA The Public Works Committee met on Tuesday, February 18, 2014, at 8:00 a.m. All members were present. The following items were discussed. * * *Iternis Not Requiring Action* * * 1. Proposed Fiscal Year 2014/2015 Budget The director of public works presented a brief overview of the department's proposed budgets for Fiscal Year 2014/2015. A Tabulated summary of the proposed budgets is attached. (Attachment 1) Minute Book Number 34 Board of supervisors Regular Meeting of 02/26/14 252 2. Site Plan for the New Round Hill Fire and Rescue Station and Associated Event Center The director of public works presented the completed site plan for the new Round Hill Fire and Rescue Station and associated Event Center. In addition, County Administrator, Mr. Jahn R. Riley, Jr., presented a proposed financing scheme for the project. The proposed financing will be obtained from bonds processed through the VRA. The financing proposal will be presented to the finance committee for their comments prior to the next scheduled board of supervisors meeting on February 26, 2014. (Attachment 2} 3. Miscellaneous Reports a} Tonnage Report (Attachment 3) b) Recycling Report (Attachment 4) c} Animal Shelter Dag Report (Attachment 5) d) Animal Shelter Cat Report (Attachment 6) FINANCE COMMITTEE REPORT - APPROVED The Finance Committee met in the' First Floor Conference Room at 107 North Kent Street on Wednesday, February 19, 2014 at 8:00 a.m. All members were present. Items 2, 4, and 6 were approved under consent a eg nda- Immediately following, a Budget Work Session was held in the Board of Supervisors' meeting room. Upon a motion by Vice - Chairman DeHaven, seconded by Supervisor Lofton, the Board approved the consent agenda by the following recorded vote: Richard C.' Shickle Aye Christopher E. Collins Aye Charles S. DeHaven, Jr. Aye Gene E. Fisher Aye Robert A. Hess Aye Gary A. Lofton Aye Robert W. Wells Aye 1. The Fire &Rescue Chief requests a General Fund su lemental a ro nation in the amount of $85,352. This amount represents Fire Program funds received and will be disbursed to the eleven volunteer fire and rescue stations. No local funds required. See attached memo, p. 4 -6. 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 Christopher E. Collins Aye Charles S. DeHaven, Jr. Aye Gene E. Fisher Aye Robert A. Hess Aye Gary A. Lofton Aye Robert W. Wells Aye 2. The Fire &Rescue Chief requests a General Fund supplemental appropriation in the amount of $10,000. This amount represents Fire School Programs revenue collected in excess of budgeted. No local funds required. See attached memo, p. 7 -8. — Approved Under Consent Agenda. Minute Book Number 39 Board of Supervisors Regular Meeting of o212b114 253 3. The NRADC Superintendent requests a NRADC Fund su elemental appropriation in the amount of $221.4_00 to cover overtixxle costs. See attached memo, p. 9. The committee recommends approval. — Approved. Upon a motion by Vice - Chairman DeHaven, seconded by Supervisor Lofton, the Board approved the above request by the fallowing recorded vote: Richard C. Shickle Aye Christopher E. Collins Aye Charles S. DeHaven, Jr. Aye Gene E. Fisher Aye Robert A. Hess Aye Gary A. Lofton Aye Robert W. Wells Aye 4. The NRADC Superintendent requests a NRADC Fund supplemental appropriation in the amount of $11,680. This amount represents an insurance reimbursement for weather damages to cooling and heating units. No local funds required. See attached memo, p. 10. — Approved Under Consent Agenda. 5. The Deputy Planning Director requests a Development Proiects Fund supplemental appropriation in the amount of $45,300. This amount represents proffer funds needed for Valley Mill Road. See attached information, p. 11 -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 Aye Charles S. DeHaven, Jr. Aye Gene E. Fisher Aye Robert A. Hess Aye Gary A. Lofton Aye Robert W. Wells Aye 6. The Sheriff requests a General Fund supplemental appropriation in the amount of $5,535. This amount represents reimbursement for an automobile insurance claim. No local funds required. See attached memo, p: 47. — Approved Under Consent Agenda. 7. The County Administrator requests discussion on the New Round Hill Fire Station. The committee recommends to proceed with the site plan with further consideration on the subdivision of the property in to two parcels. See attached information, p. 48 -6b. — Approved. Upon a motion by Vice - Chairman DeHaven, seconded by Supervisor Fisher, the Board approved the above recommendation 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 Aye Aye Aye Aye Aye Aye * * *In %rmation Only * ** Minute Book Number 39 Board of Supervisors Regular Meeting of 02/26/14 25�. L The Finance Director provides a Fund 10 Transfer Report for FY 2014. See attached, p 67. 2. The Finance Director provides FY 2014 financial statements for the period ending January 31, 2014. See attached, p. 68 -78. 3. The- Finance Director provides the FY 2014 Fund Balance Report for the period ending January 31, 2014. See attached, p. 74. 4. The Assistant County Administrator provides a report on the Lake Holiday Sanitary District assessment rates for 2014. See attached, p. SO -83. PLANNING COMMISSION BUSINESS PUBLIC HEARING PUBLIC HEARING - CONDITIONAL USE PERMIT #01 -14 OF WESLEY W. RUDOLPH FOR A PUBLIC GARAGE WITHOUT BODY REPAIR. THE PROPERTY IS LOCATED AT 23b0 S. PIFER ROAD AND IS IDENTIFIED WITH PROPERTY IDENTIFICATION NUMBER 81 -A -50 IN THE BACK CREEK MAGISTERIAL DISTRICT. — APPROVED WITH AMENDED CONDITIONS Planning Director Eric Lawrence appeared before the Board regarding this item. He advised this was a request for a conditional. use permit by Wesley W. Rudolph for a public garage without body repair. The property is located at 2360 S. Fifer Road in Star Tannery, in the Back Creek 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. One (1) employee allowed other than the applicant. 4. All repair activities shall occur entirely within the enclosed structure. 5. Hours of operation shall be from 8:00 a.m. to 6:00 p.m., no repair activities will take place on Sunday. 6. Any expansion or change of use shall require a new Conditional Use Permit. Chairman Shickle asked where the Sunday limitation came from. Director Lawrence responded he did not know, it was a condition that was standard in most conditional use permits, but he did not know the catalyst. . Chairman Shickle convened the public hearing. There were na public comments. Chairman Shickle closed the public hearing. Upon a motion by Supervisor Lofton, seconded by Supervisor Hess, the Board approved Conditional Use Permit #01 -14 with changes to condition number 5 to remove the Sunday Minute Book Number 39 Board of Supervisors Regular Meeting of 02/26/]4 25� restriction and to extend the hours of operation from &:00 a.m. to 9:00 p.m. and to add condition number 7 "the applicant will be limited to storing no more than five (5) vehicles awaiting repair may be stored outside of an enclosed structure ". Chairman Shickle stated he did not know why the Board would have a limitation on a business unless the business activity affected the neighbors. Supervisor Fisher moved to amend the original motion to remove condition number 5 in its entirety. The motion was seconded by Vice - Chairman DeHaven. The above motion was approved by the following retarded vote: Richard C. Shickle Aye Christopher E. Collins Aye Charles S. DeHaven, Jr. Aye Gene E. Fisher Aye Robert A. Hess Aye Gary A. Lofton Aye Robert W. Wells Aye The amended motion was approved by the following recorded vote: Richard C. Shickle Aye Clu�istopher E. Collins Aye Charles S. DeHaven, Jr. Aye Gene E. Fisher Aye Robert A. Hess Aye Gary A. Lofton Aye Robert W. We1is Aye OTHER PLANNING ITEMS DISCUSSION — PUBLIC FACILITIES AND THE 2030 COMPREHENSIVE _PLAN AMENDMENT. (BROUGHT BACK TO BOARD FROM FEBRUARY 12, 2014 BOARD MEETING.} —SENT FORWARD FOR PUBLIC HEARING Deputy Planning Director Michael Ruddy appeared before the Board regarding this item. He advised this was a proposed amendment to the 2030 Comprehensive Plan, which was being returned to the Board for further discussion. He advised staff previously presented this item to the Board for discussion. Concern was expressed that the proposed language might be too restrictive in guiding placement of future administrative facilities. The potential solution was to add the Sewer and Water Service Axea (SWSA) tag to the draft language and to be able to accommodate all sites where the zoning ordinance would permit an administrative building that is connected to public water and sewer. Chairman Shickle advised he was more than satisfied with the proposed amendment. Upon a motion by Vice - Chairman DeHaven, seconded by Supervisor Collins, the Board sent the proposed amendment forward for public hearing. Minute Book Number 39 Board of Supervisors Regular Meeting of 02/26/14 25� The above motion was approved by the following recorded vote: Richard C. Shickle Aye Christopher E. Collins Aye Charles S. DeHaven, Jr. Aye - Gene E. Fisher Aye Robert A. Hess Aye Gary A. Lofton Aye Robert W. Wells Aye BOARD LIAISON REPORTS Supervisor Lofton advised the EDC created a signage subcommittee to review the recommendation sent forward from the Business Friendly Committee. The subcommittee forwarded its recommendation to the newly named Economic Development Authority for their review and input. The EDA established its own subcommittee to review this recommendation and possibly take it in a different direction. This subcommittee will report back to the EDA with its recommendation. Chairman Shickle stated he would like the Board to revisit discussions about the board make -up for the Economic Development Authority. CITIZEN COMMENTS Jay Kirk, Frederick County Education Association and resident of the Back Creek District, requested the Board consider the advantages of a tax increase. She went on to say it would be beneficial to the citizens to see the different options being considered. She concluded by asking the Board to consider, at least, the six cents tax increase. Keith Lichliter, Opequon District, asked "why not entertain a tax increase ?" He stated that advertising a higher rate does not mean the maximum rate would be approved. He went on to say this would allow all sides to present and enable the Board to make an informed decision. He concluded by saying he hoped the Board would advertise an increased tax rate. Alan Morrison, Gainesboro District, stated the county has managed its fnances better than the state and federal governments, but we have grown into a society where everyone has their hand out for free money. He noted that household income levels have not increased and we need to make sure the use of funds arc the most efficient passible. He did not favor a higher tax rate. Melinda Russell, Frederick County Education Association member and resident of Back Creek District, asked the Board to support a tax increase to better fund police, fire and rescue, and schools. Minute Book iVumber 39 Board of Supervisors Regular Meeting of 02/26/14 257 Dody Stottlemyer, Shawnee District, stated the website did not appear to be working to allow citizens to send their carnrr�ents in regarding the proposed tax increase. She went an to say the Board was talking about cutting the budget, but was planning to build a new building. She noted the current building would be paid for in December of this year. She concluded by saying the money needed to make the payments on the new building could be spent elsewhere to fund public safety and education. BOARD OF SUPERVISORS COMMENTS Supervisor Hess noted he had received all of the a -mails referenced. He went on to say there had been some website issues earlier, but they appeared to have been corrected. Chairman Shickle clarified there was not a request in the upcoming budget for a new building, nor was there any appropriation in the current budget regarding construction of a new building. He noted the debt service for the existing building was in the budget, but there was not outstanding budget request for a new building. 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. (7:40 P.M.) `^/ 'k y. "'�� Richard C. Shickle Jon e , Chairman, Board of Supervisors C ,Board of Supervisors Minutes Prepared By: Jay E T' bs Deputy Clerk, Board of Supervisors Minute Book Number 39 Board of Supervisors Regular Meeting of 02126114