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HomeMy WebLinkAboutMarch 12 2014 Regular Meeting Minutes2�1 A Regular Meeting of the Frederick County Board of Supervisors was held on Wednesday, March 12, 2014, at 7:00 P.M., in the Board of Supervisors' Meeting Room, 107 North Kent Street, Winchester, Virginia. PRESENT Chairman Richard G Shickle; Charles S. DeHaven, Jr.; Christopher E. Collins; Gene E. Fisher; Robert A. Hess; Gary A. Lofton; and Robert W. Wells. CALL TO ORDER Chairman Shickle called the meeting to order. INVOCATION Supervisor Fisher delivered the invocation. PLEDGE OF ALLEGIANCE Vice - Chairman DeHaven led the f ledge of Allegiance. ADOPTION OF AGENDA — APPROVED Administrator Riley advised he had one addition to the agenda. He added a resolution urging the Governor ofi Virginia and the Virginia General Assembly to timely pass a clean budget, as item number ftve under County Officials, Upon a motion by Vice - Chairman DeHaven, seconded by Supervisor Hess, the Board approved the amended agenda 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 CONSENT AGENDA — APPROVED Administrator Riley offered the followirig items for the Board's consideration under the consent agenda: - Proclamation Declaring April 13 -19, 20 i 4 as National Telecommunicator's .Week — Tab C; - Joint Finance Committee Report —Tab F; and - Transportation Committee Report —Tab G. Upon a motion by Supervisor Lofton, seconded by Supervisor Fisher, the Board approved the consent agenda by the following recorded vote: Richard C. Shickle Aye Minute Book Dumber 39 Board of Supervisors Regular Meeting of 03/12/14 r Christopher E. Collins Aye Charles S. DeHaven, 3r. Aye Gene E. Fisher Aye Robert A. Hess Aye Gary A. Lofton Aye Robert W. Wells Aye CITIZEN COMMENTS Don Butler, Chairman of Our Health and resident of the Stonewall District, read the following statement: "Mr. Chairman, Members of the Board of Supervisors, Mr. Riley, and Frederick County staff.• My name is Don Butler. I am Chairman of Our Health and a resident of Frederick County in the Stonewall District. Our Health received no written or verbal notice that we were taken off the list for non profit funding this year, but read it in the Winchester Star. In response, I asked our Board members to contact their representative requesting the funding be reinstated. I would like to thank the BOS for their courtesy in responding to the calls from the Our Health Board of Directors seeking both answers and asking for support. I hope the information we provided has been helpful in showing why Our Health exists. Our Health meets the needs of our community and is a great value to Frederick County taxpayers. The Dur Health campus offers a safe, attractive place for our residents to receive any number of services from our 1 b partner agencies. There has been a dramatic increase in the need for health and human services for those most in need in our community. The 2012 census shows that there were 32, 000 client visits to Our Health partner agencies in 2012 from Frederick County residents. This number will increase when the 2013 numbers are totaled. The need exists today and will exist tomorrow to provide services to our residents who are struggling in their everyday lives. The Frederick County funding four Our Health fn 2013 was ,$20, X00. The 2013 Our Health census is expected to exceed 32, 000 Frederick County residents visits. This represents a cost of about 65 cents per visit. If Our Health did not exist, and if Frederick County wanted to duplicate the services Our Health provides for its residents, could you do it for 65 cents per visit? Dur Health has shown that we are very goad stewards of Frederick County tax payer money. Our Health is asking to be reinstated in the Frederick County budget this year at the level funding of $20, b00. This would take a motion on your part. Without a motion, Our Health remains on the unfunded nonprofit list ... 65 cents per visit... A pretty good value for Frederick County taxpayers. " BOARD OF SUPERVISORS COMMENTS There were no Board of Supervisors' comments. MINUTES - APPROVED Upon a motion by Vice - Chairman DeHaven, seconded by Supervisor Lofton, the Board approved the minutes from the February 12, 2014 regular meeting by the following xecarded 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 Minute Book Number 39 Board of Supervisors Regular Meeting of 03/12/14 2e� Upon a motion by Supervisor Lofton, seconded by Supervisor Fisher, the Board approved the minutes from the February 19, 2014 budget work session 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 Upon a motion by Supervisor Hess, seconded by Supervisor Lofton, the Board approved the minutes from the February 26, 2014 budget work session 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 Upon a motion by Supervisor Fisher, seconded by Supervisor Hess, the Board approved the minutes from the February 25, 2014 regular meeting 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 COUNTY OFFICIALS PROCLAMATION (003 -14) DECLARING APRYL 13 -19, 2014 AS NATIONAL TELECOMMUNICATOR'S WEEK — APPROVED UNDER CONSENT AGENDA WHEREAS, emergencies can occur at anytime that require .police, fire or emergency medical services; and WHEREAS, when an emergency occurs, the prompt response of police off cers, firefighters and paramedics is critical to the protection of life and preservation of property; and WHEREAS, the safety of our police officers and firefighters is dependent upon the quality and accuracy of information obtained from citizens who telephone the Frederick County Department of Public Safety Communications Center; and WHEREAS, Public Safety Dispatchers are the first and most critical contact our citizens have with emergency services; and WHEREAS, Public Safety Dispatchers are the single vital link for our police officers and firefighters by monitoring their activities by radio, providing them information and ensuring their safety; and WHEREAS, Public Safety Dispatchers of Frederick County, Virginia have contributed substantially to the apprehension of criminals, suppression of fires and treatment of patients; and Minute Book Number 34 Board of Supervisors Regular Meeting of p3/12114 264 WHEREAS, each dispatcher has exhibited compassion, understanding and professionalism during the performance of their job in the past year. NOW THEREOFRE BE IT RESOLVED, that the Board of Supervisors of Frederick County, Virginia does hereby proclaim the week of April 13 -19, 2014 to be National Telecommunicator's Week in Frederick County, in honor of the men and women whose diligence and professionalism keep our county and citizens safe. ADOPTED this 12�` day of March, 2014. REQUEST FROM COMMISSIONER OF THE REVENUE -FOR REFUND - 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 DBI Services LLC the amount of $9,630.09, far adjustments to personal property taxes filing for half of 2012 and. all of 2013 and registration fees for 2013. The refund was the result of three trucks moving to another locality. The Commissioner has verified with the receiving locality that the vehicles are being taxed in the. other locality. The county attorney has reviewed the request and it appears to be justified. Upon a motion by Supervisor Hess, seconded by Vice - Chairman DeHaven, the Board approved the appropriation and refund request far DBI Services, LLC. 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 MEMORANDUM RE: SITE PLAN SUBMISSION FOR REPLACEMENT ROUND HILL FIRE STATION — APPROVED SUBMITTING THE SITE PLAN FOR APPROVAL Administrator Riley advised this was a site plan for the proposed replacement Round Hill Fire Station. Staff was seeking authorization to submit the site plan to the Planning Department for final approval. He reminded the Board an approved site plan was required before the Board could collect the proffers associated with this project. Upon a motion by Supervisor Fisher, seconded by Supervisor Hess, the Board authorized the submittal of the site plan to the Planning Departrent for approval. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Christopher E. Collins Aye Minute Book Dumber 39 Board of Supervisors Regular Meeting of 43/12/14 265 Charles S. DeHaven, Jr. Aye Gene E. Fisher Aye Robert A.� Hess Aye Gary A. Lofton Aye Robert W. Wells Aye .RESOLUTION #038 -14 URGING THE GOVERNOR OF VIRGINIA AND THE VIRGINIA GENERAL ASSEMBLY TO TIMELY PASS A CLEAN BUDGET - APPROVED Upon a motion by Supervisor Hess, seconded by Supervisor Lofton, the Board approved a resolution urging the Governor of Virginia and the Virginia General Assembly to timely pass a clean budget. WHEREAS, each year the foremost duty of the Virginia General Assembly is to pass a budget or budget amendments that serve as Virginia's financial blueprint for each fiscal year; and WHEREAS, Virginia is consistently recognized for its sound fiscal management and budgetary practices as illustrated by its AAA bond rating and the strong bond ratings of many. local government divisions throughout the Commonwealth; and WHEREAS, the County of Frederick is currently in the process of developing and adopting its budget for the upcoming fiscal year; and WHEREAS, the Frederick County Board of Supervisors relies on the timely passage of a budget to allocate funding to local government services and make policy and hiring decisions for t11e upcoming fiscal year; and WHEREAS, 81,000 residents of Frederick County depend on county government to provide critical services such as education and public safety; and WHEREAS, failure to pass a timely budget will result in uncertainty for the County of Frederick, which receives over 33% of its funding as direct aid from the Commonwealth; and WHEREAS, the Frederick County School Board relies on the timely passage of the state budget in order to set its budget and make staffing decisions, which includes teacher contracts; and WHEREAS, interruption of the provision of educational services to Frederick County students will have a significant negative impact on students and families; and WHEREAS, the interruption of public 'safety services would likely result in the loss of property, serious injury, or loss of life for Frederick County citizens; and WHEREAS, critical mental health services to Frederick County residents are provided vi.a funds that flow from the state budget through county, and WHEREAS, the Virginia General Assembly adjourned sine die on Saturday, March 8, 2014 without adopting a budget for the two year biennium beginning July 1, 2014. NOW, THEREFORE, BE IT RESOLVED by the Frederick County Board of Supervisors, that the Governor of Virginia�and the Virginia General Assembly are urged to pass a budget as soon as practicable to ensure the continued functioning of state and local governments; arid, BE IT FURTHER RESOLVED, that the issue of Medicaid Expansion under the Affordable Care Act should be decaupled from budget negotiations and considered in a separate legislative session to facilitate prozx�pt passage of a state _budget; and, Minute Book Number 39 Board o£Supervisors Regular Meeting of 03/12/14 2s� BE IT FURTHER RESOLVED, that the Frederick County Board of Supervisors shall transmit copies of this resolution to the Honorable Terence R McAuliffe, Governor of the Commonwealth of Virginia and the members of the Virginia General Assembly so that they may be apprised of the sense of the Frederick County Board of Supervisors in this matter. ADOPTED this 1201 day of March, 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 REPORTS JOINT FINANCE COMMITTEE REPORT — APPROVED UNDER CONSENT AGENDA The Joint Finance Committee met nn Tuesday, February 18, 2014 at 9;30 A.M., in the First Floor Conference Room, County Administration Building, 107 North Kent Street, Winchester, Virginia. Present were Chairman Richard Shickle and Charles S. DeHaven, Jr., Frederick County representatives; and John Willingham, and Milt Mclnturff, City of Winchester representatives. Others present: John R. Riley, Jr„ County Administrator; Jay E. Tibbs, Deputy County Administrator; Roderick B. Williams, County Attorney; Cheryl Shiffler, Finance Director, Frederick County; Dale Iman, City Manager; Anthony Williams, City Attorney; Mary Blowe, Finance Director City of Winchester; Doug Hewett, Assistant City Manager; Jim Deskins, Executive Director of the Winchester Economic Development Authority; ferry Eisenach, Winchester Public Services Director; Brenda L. Vance, Clerk of the Winchester - Frederick County .General District Court; Ann Lloyd, Winchester - Frederick County Juvenile &Domestic Relations Court; and Matt Armstrong, The Winchester Star. Mr. Shickle called the meeting to order. ** *For Information Only * ** General District and Juvenile &Domestic Relations Courts Em to ee Subsid Request Mr. Riley advised the clerks had asked for this item to be placed on the agenda for consideration by both localities. He noted the request totaled approximately $44,000, which equated to $22,000 per locality. . Mrs. Vance reviewed the personnel responsibilities for the positions to be covered. She stated 92% of those employees are paid below the state average for the same positions. In addition, those employees must pay the 5% VRS contribution and are facing increased health insurance costs: She went on to say she was having trouble retaining personnel. She concluded by saying this, supplement would help with employee retention and they were requesting help from both localities with this issue. Mr. Riley noted the County had a funding request for consideration in next year's budget. Mr. Willingham advised he could bring this discussion to the council level, but he could not make a recommendation without all of the information regarding the funding request. Mr. Iman noted there were a number of employees at the city who would want the same treatment, if this request were approved. He suggested allowing those employees to ask for dual insurance coverage, which was permissible under the Affordable Care Act. He also noted the City does not pay the 5% VRS contribution for employees. Minute BooiC 1Vurober 39 Board of Supervisors Regular Meeting of 03/12/14 Mr. Shickle stated it would appear the request would be justified on a parity issue based on the way the County treats other offices, but he would like to hear from the City. No action was taken. Update on the Conceptual Design of Proposed Improvements at the J__o_int Judicial Center Perry Eisenach, Publie Services Director, provided an update on the conceptual design of the proposed improvements at the Joint Judicial Center. He advised that Moseley Architects are working on the project. They are developing a conceptual plan with specifics to be available in about one month. Mr. Tman stated it was important for the City to get some direction regarding this project for budget purposes. He went on to say the City obtained financing through a bond issuance and they need to determine when and how to move forward. Outside A�eneY Funding StatuslUpdate The committee reviewed each locality's funding of outside agency requests. Mr. Riley advised the Board of Supervisors discussed elimination of some or all fixnding for Blue Ridge Legal Services, Northern Virginia 4�H Center, Discovery Museum, and Our Health. Mr. Willingham advised the City had not yet discussed outside agency requests. Mr. Riley noted the joint projects remain a work in progress and once a revenue stxategy is established the Board would deal with them. He noted there would be no cuts below present level, but he was not sure about any funding increases. Mr. Iman advised the Lord Fairfax Small Business .Development Center submitted a request to the City for $20,000. U datelStatus Of Edc Memorandum Of Understandin Mr. Riley advised This was a housekeeping matter to dissolve the current Economic Development Commission, given the City has its. own EDA and Frederick County now has its own EDA as well. He concluded by saying he would defer to the two attorneys regarding the particulars. 1VIr. lman stated the City would like to get an accounting of the City's funding for the EDC. The city attorney and county attorney advised they would work together to craft a final document that would also address the disposition of any real or personal property owned by the EDC. Upon a motion by Mr. McInturff, seconded by Mr. DeHaven, the Joint Finance Committee endorsed the joint resolution to dissolve the Winchester- Frederick County Economic Development Commission with the attorneys to work out the disposition of joint assets. Mr. Willingham voted against the motion. There being no further business, the meeting was adjourned a# 9:55 a.m. TRANSPORTATION COMMITTEE REPORT — APPROVED UNDER CONSENT AGENDA The Transportation Committee rnet on February 24, 2014 at 8:30 a.rn. Members Present Chuck DeHaven (voting) James Racey (voting) ,Gene Fisher (voting) Christopher Collins (voting) Minute Book Number 39 Board of Supervisors Regular Meeting of 63/12/l4 Members Absent Mark Davis {liaison Middletown) �6� Lewis Boyer (liaison Stephens City} Gary Oates (liaison PC) None * * *I #ems Requiring Action" ** ** *Items Not Requiring Action�X* 1. Shenandoah Private Streets Staff provided an updated request from the Shenandoah Development regarding the use of private streets in the non age - restricted portion of the development. The committee has requested that the item return with feedback from the Development Review and Regulation Committee as well as a more complete description of how the development would provide f nancial security for the ongoing maintenance of the private streets. 2. Cougill Road Paving Staff reviewed a citizen's request to advance Cougill Road for paving ahead of roadways that have scored higher on the County's unpaved road ranking system. Key reasons given by the resident were significant tourism traffic, particularly with the upcoming anniversary of the Battle of Cedar Creek as well as the general conditions of the roadway. The committee determined that not enough information was forthcoming to justify over ruling the adopted ranking system. 3. Getting Private Roadways Adopted for State Maintenance VDOT staff gave a brief overview of the process involved in adopting a private roadway into the state system. Key points include providing an unencumbered right of way and bringing the roadway up to current state standards. Specific examples of expected costs were given for Arklow Road, for which recent inquiries have been received. 4. Devolution VDOT staff was on hand to give an overview of their devolution program. This is the program by which localities take over ownership and maintenance responsibility of their roadways with funding from the State. Since the advent of the devolution program several communities have investigated it extensively, most notably Fairfax, and found that the financial benefit is not present. They actually found that it would cost them more to do the job than it does VDOT and that state funding would not cover the obligation. Also worth noting is that since the advent of the devolution program, no localities have entered the program. To date, the only Counties that maintain their own roadways are Arlington and Henrico, both of whom did not surrender their roadways when the Byrd Aet was passed. 5. Other PUBLIC HEARING PUBLIC HEARING - OUTDOOR FESTIVAL PERMIT REQUEST OF CINDY FAHNESTOCK SCHAFER AND WAYNE SCHAFER — "HOGGING UP BB FESTIVAL ". PURSUANT TO THE FREDERICK COUNTY CODE CHAPTER 86, FESTIVALS; SECTION 86 -3, PERMIT REQUIRED; APPLICATION; ISSUANCE � OR DENIAL; FEES. FOR AN OUTDOOR FESTIVAL PERMIT. FESTIVAL TO BE HELD FRIDAY THRU SUNDAY, JUNE 27 -29, 2014; FROM 4:00 P.M. TO 9:30 P.M. ON FRIDAY, JUNE 27; 10:00 A.M. TO 10:00 P.M. ON SATURDAY, JUNE 28; AND ].0:00 A.M. TO 5:00 P.M. ON SUNDAY, JUNE 29, 2014 ON THE_ GROUNDS OF THE FREDERICK COUNTY FAIRGROUNDS I67 FAIRGROUNDS ROAD OUTE 11 NORT CLEARBROOK, VIRGINIA. PROPERTY OWNED BY FREDERICK COUNTY FAIR. - APPROVED Minute Book Dumber 39 Board of Supervisors Regular Meeting of 03/12/14 2s9 Administrator Riley advised this was a request for an outdoor festival permit by Cindy Fahnestock Schafer and Wayne Schafer far the "Hoggin' Up BBQ Festival" pursuant to Frederick County Code, Chapter 86, Festivals. The event will be held Friday through Sunday, June 27th through 29th on the grounds of the Frederick County Fairgrounds, 167 Fairgrounds Road, Clearbrook, VA. Property owned by Frederick County Fair. He noted additional information submitted since the applicant's permit application was received: a) Winchester Exchange is conf rmed for the beer /wine sales this year. They will keep 100% of profits and must obtain all permits and insurance. A copy of the ABC license will be provided to the County once it is obtained. b) On site Security will be provided by retired police ofFcers -John "Pappa Bear" DeRito, WV- Mountaineer, President Defenders LE -MC. He concluded by saying this was the second year for this event and staff was not aware of any problems or issues arising during last year's event. Cindy Fahnestock Schafer, applicant, thanked the Board far Their support last year. She cited the amount of money they raised for various charities last year and hoped the Board would approve their permit request. Chairman Shickle convened the public hearing. There were no public comments. Chairman Shickle closed the public hearing. Upon a motion by Vice - Chairman DeHaven, seconded by Supervisor Collins, the Board approved the outdoor festival permit for Cindy Fahnestock Schafer and Wayne Schafer for the "Hoggin' Up BBQ Festival ". The above motion was approved by the following recorded vote: Richard C. Shickle Aye Christopher E. Collins Aye Charles S. DeHaven, Tr. Aye Gene E. Fisher Aye Robert A. Hess Aye Gary A. Lofton Aye Robert W. Wells Aye PLANNING COMMISSION BUSINESS PUBLIC HEARING PUBLIC HEARING - 2014 -2015 CAPITAL IMPROVEMENT PLAN (CIPI. THE CIP IS A PRIORITIZED LIST OF CAPITAL PROJECTS RE UESTED BY VARIOUS COUNTY DEPARTMENTS AND AGENCIES. THE PLAN IS CREATED AS AN INFORMATIONAL COMPONENT OF THE 2030 COMPREHENSIVE PLAN. -- SOLUTION #039 -14 - APPROVED Minute Book Number 39 Board of Supervisors 12egular Meeting of 03/12/14 2�0 Deputy Planning Director Michael Ruddy appeared before the Board regarding this item. He advised the proposed 2014 -2015 Capital Improvements Plan (CIP) conforms to the 2030 Comprehensive Plan and the Planning Commission has recommended the Board adopt the plan. He noted there were a total of 92 projects in this year's plan. New projects included the joint county administration school board administrative office building, various Parks and Recreation projects based an their community survey, and transportation projects, which have been classified as funded or unfunded. Chairman Shickle convened the public hearing. There were na citizen comments. Chairman Shickle closed the public hearing, Upon a motion by Supervisor Collins, seconded by Supervisor Lofton, the Board approved the 2014 -2015 Capital Improvements Plan. WHEREAS, the Frederick County Planning Commission held a public hearing on the pxoposed 2014 -2015 Capital Improvements Plan {CIP) for Frederick County on March 5, 2014; and WHEREAS, the Frederick County Planning Commission recommended approval of this plan at their regular meeting on March 5, 2014 and determined that the projects contained in the Capital Improvements Plan (CIP) conform to the Frederick County Comprehensive Policy Plan; and WHEREAS, the Frederick County Board of Supervisors held a public hearing on this plan during Their regular meeting on March 12, 2014; and WHEREAS, the Frederick County Board of Supervisors supports the priorities for capital expenditures contained iri the Capital Improvements Plan {CIP} and has affirmed the determination of the Planning � Commission that the projects contained in the Capital Improvements Plan (CIP} conform to the Frederick County Comprehensive Plan. NOW, THEREFORE, BE IT ORDAINED by the Frederick County Board of Supervisors as follows: The Frederick County Board of Supervisors hereby approves the 2014 -2015 Capital Impravements Plan (CIP) for Frederick County, Virginia as an element of the Comprehensive Policy Plan. Passed This 12th day of March, 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, Loftan Aye Robert W. Wells Aye OTHER PLANNING ITEMS Minute Baok Number 39 B ©ard of Superr+rsors Regular Meeting of 03/12/14 ��� RESOLUTION #040 -14 RE: RAIL ACCESS GRANT FOR CARMEUSE LIME AND STONE, INC. � APPROVE__D Deputy Planning Director-- `Iransportation Jahn Bishop appeared before the Board regarding this item. He advised this was a request from Carmeuse Lirne and Stone, Inc. seeking the County's support for their Rail Access Grant application. This application is for their Clear Brook facility. The applicant is seeking $1,050,000.00. Upon completion, it is projected the use of railcars by this facility could remove approximately 42,000 truck trips from local roads in and around the plant. Chairman Shickle questioned the language in the last paragraph of the resolution, specifically the language pertaining to providing financial assistance to Carmeuse Lime and Stone. He wanted to ensure that language did not mean the County would be providing any money for this project. Deputy Director Bishop responded the County would not be making any financial commitment to this project. Thomas Moore "Ty" Lawson, applicant's attorney, agreed with Deputy Director Bishop's statements regarding that paragraph. He stated no County money would be provided. Upon a motion by Vice - Chairman DeHaven, seconded by Supervisor Fisher, the Board approved the resolution in support of the utilization of Industrial Access Railroad Track Funds for Carmeuse Lime and Stone, Inc. WHEREAS, Carmeuse Lime and Stone, Inc. has expressed its intent and desire to the Board of Supervisors to improve its industrial operation in Clear Brook, Frederick County, Virginia; and, WHEREAS, Carmeuse Lime and Stone, Inc. and its operation will require rail access; and, WHEREAS, construction of rail access to Carmeuse Lime and Stone, Inc.'s Clear Brook, Frederick County, Virginia facility is projected to remove the equivalent of 42,000 truckloads per year from Virginia highways by converting to the use of railcars; and, WHEREAS, the Officials of Carmeuse Lime and Stone, Inc. have reported to Frederick County the intent to apply for Industrial Access Railroad Track Funds from the Commonwealth of Virginia's Department of Rail and Public Transportation in the amount of $1,050,000.00 which is the maximum grant allowed pursuant to Code of Virginia g33 , i - 221.1:1(E }; and, WHEREAS, Carmeuse Lime and Stone, Inc. has requested that the Board of Supervisors provide a Resolution supporting its application for said funds which are administered by the Virginia Department of Rail and Public Transportation. NOW, THEREFORE, BE IT RESOLVED, that the Board of Supervisors of Frederick County, Virginia, hereby endorses and supports the application of Carmeuse Lime and Stone, Inc. for $1,OS0,000.00 in Industrial Access Railroad Track Funds pursuant to Code of Virginia 833.1- 221.1:1(E); and, Minute Boole Number 39 Board of Supervisors Regular Meeting of 03/12/14 272 BE IT FURTHER RESOLVED, that the Board of Supervisors hereby makes known its desire and intent to assist the Commonwealth Transportation Board in providing the maximum financial assistance to Carmeuse Lime and Stone, Tne., for the purpose of installing rail access to its Clear Brook, Virginia facility. ADOPTED this 12th day of March, 201}. 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 DISCUSSION — FLOODPLAIN DISTRICTS —SENT FORWARD FOR PUBLIC HEARING — (RESOLUTION #041 -14) Senior Planner Candice Perkins appeared before the Board regarding this item. She noted these were proposed revisions to Part 702 of the Frederick County Zoning Ordinance, Floodplain Districts. She noted the current ordinances were revised in 2009 as directed by the Department of Conservation and Recreation. The Department has since modified the floodplain ordinance; therefore, revisions are necessary to Frederick County's floodplain overlay district to meet the minimum regulatory standards xequired in a fully compliant floodplain ordinance. The primary revisions are: • New text regarding designation and duties of the Floodplain Administrator, • New section for jurisdictional boundary changes and submitting technical data: • Relocation and revisions to the "Description of Special Flood Hazard Districts" sections. • Revised "Factors to be considered in granting variances ". • Revised "Elevation and Construction Standards ". • New and revised def nitions. She noted the County was responsible to see our ordinance meets the minimum standards. She concluded by saying staff was seeking Board direction regarding whether or not the proposed revisions should be sent forward far public hearing. Upon a motion by Vice - Chairman DeHaven, seconded by Supervisor Hess, the Board approved sending the proposed revisions to the floodplain ordinance forward for public hearing. WHEREAS, the Frederick County- Department of Planning and Development was directed by the Virginia Department of Conservation and Recreation (DCR) to prepare changes to Chapter 165 Zoning pertaining to the Floodplain Districts, to meet the minimum regulatory standards required in a fully compliant floodplain ordinance. Minute Book Number 39 Board of supervisors Regular Meeting of 03/12f14 273 WHEREAS, the Development Review and Regulations Committee (DRRC) recommended this item be forwarded to the Planning Commission and Board of Supervisors; and WHEREAS, the Planning Commission discussed the proposed changes at their regularly scheduled meeting on March 5, 2014; and WHEREAS, the Board of Supervisors discussed the proposed changes at their regularly scheduled meeting on March 12, 2014; and WHEREAS, the Frederick County Board of Supervisors finds that in the public necessity, convenience, general welfare, and good zoning practice, directs the Frederick County Planning Commission hold a public hearing regarding an amendment to Chapter 165 to meet the minimum regulatory. standards required in a fully compliant floodplain ordinance. Passed 12�' day of March, 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 BOARD LIAISON REPORTS There were no Board Liaison reports. CITIZEN COMMENTS Michael Steere, Shawneeland resident and Back Creek District, noted the meetings of the Shawneeland Sanitary District Advisoxy Committee have been snowed out for the last three months. He stated the biggest issue is the roads in the community. He expressed concern about the proposed installation of three inches of asphalt in Shawneeland. He asked how and why this was being done to the roads and was told the tar and chip was no longer working. He noted the. current layer of tar and chip had been applied in 2012, but most had worn off. He advised that residents had asked to obtain a copy of the contract with Carroll Construction for this work, but were provided with only a bid sheet and proposal and were told those documents served as the contract. He went on to say he would like to see the asphalt proposal studied and built to VDQT standards. He did not want the asphalt installed until the proper analysis was performed. He concluded by asking that the asphalt proposal be properly reviewed before, undertaking the project. Ken Hanter, Shawneeland resident and Back Creek District, noted he was formerly in command of an Army paving unit and might have some expertise that would be beneficial to this Minute Book Number 39 Board of Supervisors Reguiar Meeting of 03/12/14 274 project. He then presented the fallowing letter to the Board noting he had nine items that he would like to get on the record and get responses: "Shawnee land Frederick County owned and double taxed area? County position is Shawnee land is a sanitary district and has a right to tax under this law established by the circuit court? I plan to get more involved in this with the board of supervisors? I have some little items that I have run across over the last few months and I thought I would bring these to your attention? I wish to thank the County Manager for not returning my many e -mails to him plus I thank a few of you in this roam for not answering e -mails I have out to you, you know who are and thank you. I don't understand why you have a blackberry or smart phone plus Internet on the tax payer and you don't respond to tax payers request for information? 1. Frederick County vehicles, request number of vehicles to include license numbers and model and make. Not including law enforcement vehicles? 2. All county vehicles including equipment needs to be labeled either Shawnee Land equipment use only or Frederick County for off vial use only ar Frederick County for official use only plus must have VA official plates? Very few do? 3. All Frederick county, Shawnee land vehicles and equipment needs to have GPS's on them ASAP controlled by contracted company and a monthly report sent to the board of supervisors? 4. What county officials drive county cars daily to and from wor1� shopping, etc? This must stop? 5. Request a Shawnee Land audit for the last 10 years? To include mileage of all vehicles, hours on all equipment, to include everything? 6. Why does a Shawnee Land Loader returned to Shawnee land on 2 March 2014 with a Frederick county sheriff's deputy escorting it into the 50 Tomahawk Trail office gates? It's a Sunday at 10: 30am. 7. When does Frederick County start it's maintenance program at Shawnee land? We are in a destruction plan I feel? Every building an the property is in need of repair? This is because of no maintenance from Frederick County employees. I invite the board of supervisors out to see for them selves. 8. DOD DRMO which is the department of defense auctioneers county governments gets first dibs on free equipment? 5 to 6 months ago I offered Kevin Alderman the chance to get a Stn selectomatic dump truck from DRMO? He declined and said to me that he will purchase a used one for $30, 000 that only needs S to $6, 000 in repair? The ones I offered him we brand new Federal government surplus? He just bought a new loader. Same item is an the DRMD site for free to county governments? 9. There are 50 culverts that are failing? Most have been installed in the last three to five years? What are the qualifications of the Department of Public works folks? Do they have to be certified in things like safe operation of equipment or maybe installing stone and chip road ways ar other certifications? Ken Hunter Shawnee Land " 3essica VanMeter, Back Creek District, stated many people favor paved roads in Shawneeland. She noted the roads are well traveled and will receive more damage. She went an to say the initial cost of paving would be high, but in the long term they investment would be recouped. She concluded by thanking the Board for supportirig the Advisory Committee. Patty Yarborough, Shawneeland, stated her opposition to going through the expense of paving the roads in Shawneeland. She stated it was not fair to make assessments based on the last tar and chip job because the last jab was inadequate. She went onto say tar and chip looks better and compliments the community. Minute Book Number 39 Board of Supervisors Regular Meeting of 63/12/14 2�� Karen Steere, Back Creek District, noted Shawneeland still had many roads that were dirt roads and it did not make sense to put down asphalt. She went on to say she felt some of the citizens were being discriminated against because their roads are not even tar and chip. BOARD OF SUPERVISORS COMMENTS Supervisor Lofton advised that he and the staff had planned to have a budget meeting to go over the Shawneeland process and the work program, but those meetings have been snowed out. He hoped to be able to reschedule in the near future. He reminded those in attendance that the Shawneeland Sanitary District Advisory Committee holds monthly and quarterly meetings. He went on to say it was time for them to hear the concerns and decide what to do. He concluded by urging those in attendance to attend those meetings. Chairman Shickle stated the Board always relies heavily on the recommendations of the Sanitary District Advisory Committee. Supervisor Wells addressed the comments made earlier in the meeting regarding Our Health. He stated he would support revisiting the funding request for Our Health. A Tl illi Ti? 1V 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. (7:49 P.M.) �r,.:,, �� �` C) � �• i Richard C. Shickle Joh.>�i R. ' ey, r. Chairman, Board of Supervisars �Ierk, Board of Supervisors Minutes Prepared By: �' _ Jay E. Tubb Deputy Clerk, Board of Supervisors 1V�inute Book Number 39 Board of Supervisors Regular Meeting of 63/12/14