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HomeMy WebLinkAboutDecember 10 2014 Regular Meeting Minutes131 A Regular Meeting of the Frederick County Board of Supervisors was held on Wednesday, December 10, 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.; Christopher E. Collins; Gene E. Fisher; Robert A. Hess; Gary A. Lofton; and Robert W. Wells. agenda. CALL TO ORDER Chairman Shickle called the meeting to order. INVOCATION Supervisor Collins delivered the invocation. PLEDGE OF ALLEGIANCE Vice- Chairman DeHaven led the Pledge of Allegiance. ADOPTION OF AGENDA — APPROVED AS AMENDED County Administrator John R. Riley, Jr. advised the chairman had some changes for the Chairman Shickle noted he had two additions. First was a presentation from the Clarke County Board of Supervisors, which would be added after approval of the minutes. The second item was the ratification of an amendment to the county administrator's employment agreement. Both items would be placed on the agenda prior to the Employee of the Month award. Upon a motion by Vice- Chairman DeHaven, seconded by Supervisor Hess, the Board approved the agenda by the following retarded vote: Richard C. Shickle Aye Charles S. DeHaven, Jr. Aye Christopher E. Collins Aye Gene E. Fisher Aye Robert A. Hess Aye Gary A. Lofton Aye Robert W. Wells Aye CONSENT AGENDA - APPROVED Administrator Riley offered the following items for the Board's consideration under the consent agenda: - Resolution of Appreciation, The Honorable Frank R. Wolf, 10�` District, United States House of Representatives —Tab B; - Parks and Recreation Commission Report —Tab F; - Landfill Oversight Committee --Tab G; and - Road Resolution — Renaissance Drive and Prosperity Drive —Tab M. Minute Book dumber 40 Board of Supervisors Regular Meeting of 121101]4 X32 Upon a motion by Supervisor Loftan, seconded by Supervisor Fisher, the Board approved the consent agenda by the following recorded vote: Richard C. Shickle Aye Charles S. DeHaven, Jr. Aye Christopher E. Callins 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 Supervisor Collins, the Board approved the minutes from November 3, 2014 work session wish the Planning Commission 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 Supervisor Lofton, seconded by Supervisor Fisher, the Board approved the minutes from the November 12, 2014 regular meeting by the following recorded vote: Richard C. Shickle Aye Charles S. DeHaven, Jr. Aye Christopher E. Collins Aye Gene E. Fisher Aye Robert A. Hess Aye Gary A. Lofton Aye Robert W. Wells Aye COUNTY OFFICIALS PRESENTATION BY MICHAEL ROBERT, CHAIRMAN OF THE CLARKE COUNTY BOARD OF SUPERVISORS Mr. Michael Hobert, Chairman of the Clarke County Board of Supervisors, appeared before the Board for a special presentation to honor Administrator Riley. Chairman Hobert advised that his board met and passed a resolution honoring Administrator Riley's years of service. He noted Administrator Riiey was a terrific county administrator and an ali around good guy. He spoke of the special qualities Administrator Riley Minute Book Number 40 Board of supervisors Regular Meeting of 1211 ©!14 X33 brought to his work and was grateful for his collaborative leadership. He presented Administrator Riley with a copy of the resolution and a special gift from his friends in Clarke County. RATIFICATION OF EXTENSION OF COUNTY ADMINISTRATOR'S RESIGNATION DATE -- RESIGNATION DATE CHANGED TO FEBRUARY X, 2015 Chairman Shickle advised that Administrator Riley had agreed to continue to serve as county administrator until February 1, 2015. He stated the Board needed to take action to ratify this extension. Upon a motion by Vice - Chairman DeHaven, seconded by Supervisor Hess, the Board ratified the extension of the county administrator's resignation date to February 1, 2015. 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 RESOLUTION #037 -14 OF APPRECIATION THE HONORABLE CONGRESSMAN FRANK R. WOLF l.0 DISTRICT UNITED STATES HOUSE OF REPRESENTATIVES � APPROVED UNDER CONSENT AGENDA WHEREAS, Frank R. Wolf served the citizens of the 10`h Congressional District for 34 years as a member of the House of Representatives; and WHEREAS, Congressman Wolf served as a member of the House Appropriations Committee, chairman of the Commerce- Justice - Science subcommittee, Transportation and Housing and Urban Development committees and State of Foreign Operations subcommittee; and WHEREAS, during his tenure, Congressman Wolf focused on job creation through his Bring Jobs Baek to America Act, raised awareness of the growing threat of cyberattacks, and worked to address the debt and deficit through bipartisan reforms including establishing the model for the National Comrx�.ission on Fiscal Responsibility and Reform, commonly referred to as the Simpson�Bawles Commission; and WHEREAS, Congressman Wolf fought against gang related crimes in our region through the establishment of the Northwest Virginia Regional Gang Task Force; and WHEREAS, Congressman Wolf worked to create one of the nation's newest national parks in our area, Cedar Creek and Belle Grove National Historic Park, and WHEREAS, Congressman Wolf was a tireless worker far all of the residents of the 10�' District; and WHEREAS, this Board will always consider Congressman Wolf a colleague and friend. NOW, THEREFORE BE TT RESOLVED, that the Frederick County Board of Supervisors extends its sincerest thanks to Frank R. Wolf and wishes him all of the best in his future endeavors. Minute Book 1Vumber 40 Board of Supervisors Regular Meeting of 12/10/14 131 BE IT FURTHER RESOLVED, that this resolution be spread across the minutes of the Frederick County Board of Supervisors for all citizens to reflect upon the accomplishments of this citizen legislator. ADOPTED this lOt�' day of December, 2014. EMPLOYEE OF THE MONTH AWARD — ANDREW KEEFAUVER -- {RESOLUTION #038 -14) - APPROVED Upon a motion by Supervisor Wells, seconded by Supervisor Hess, the Board approved Andrew Keefauver as Employee of the Month for November 2014. WHEREAS, the Frederick County Board of Supervisors recognizes that the County's employees are a mast 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 those nominated, based on the merits of outstanding performance and productivity, positive job attitude and other noteworthy contributions to their department and to the County; and WHEREAS, Andrew Keefauver who serves in Parks and Recreation was nominated for Employee of the Month; and, WHEREAS, Andrew Keefauver successfully managed to create and staff a hugely successful event, the Battlefield Half Marathon, for the Parks and Recreation Department. This event attracted over one thousand runners and brought together several community agencies, in addition, Andrew also organized a Health and Wellness Expo on the Haight prior to the race. Andrew has shown that he is very team oriented and he deeply cares for the wellness and satisfaction of his community. This event even brought the complete staff of the Parks and Recreation Department together in order to effectively make this event a huge success for the future; and NOW, THEREFORE, BE IT RESOLVED, by the Frederick County Board of Supervisors this 10`h day of December, 2014, chat Andrew Keefauver is hereby recognized as the Frederick County Employee of the Month for November 2014; and, BE IT FURTHER RESOLVED, that the Board of Supervisors extends its gratitude to Andrew Keefauver for his outstanding performance and dedicated service and wishes him continued success in future endeavors; and, BE IT FURTHER RESOLVED, that Andrew Keefauver is hereby entitled to al] of the rights and privileges associated with his award. 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 COMMITTEE APPOINTMENTS APPOINTMENT OF GARY CRAWFORD AS BACK CREEK DISTRICT REPRESENTATIVE TO THE HISTORIC RESOURCES ADVISORY BOARD - Minute Book Number 40 Board of supervisors Regular Meeting of 12/10/74 135 APPROVED Upon a motion by Supervisor Lofton, seconded b3T Vice - Chairman DeHaven, the Board appointed Gary Crawford as Back Creek District representative to the Historic Resources Advisory Board. This is a four year appointment. Term expires December 10, 2D18. 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 RE UEST FROM COMMYSSTONER OF THE REVENUE FOR REFUNDS - APPROVED Administrator Riley advised this was a request from the Commissioner of the Revenue to authorize the Treasurer to refund the following: 1. VFS Leasing Co. in the amount of $17,574.56 for the proration of personal property taxes in the normal course of business for 2013 and 2014. This refund was a result of proration of personal praperry for this leasing company in the regular course of business. Upon a motion by Vice - Chairman DeHaven, seconded by Supervisor Lofton, the Board approved the above refund request and supplemental appropriation. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Charles S. Del- laven, Jr. Aye Christopher E. Collins Aye Gene E. Fisher Aye Robert A. Hess Aye Gary A. Lofton Aye Robert W. Wells Aye 2. Ryder Truck Rental, Tne. 0029 in the amount of $4,007.39 for the proration of personal property taxes in the normal course of business for 2013 and 2014. This refiind was a result of the company's vehicles being reported from one office in the company and the verification of titling and situs being made later, elsewhere in the company. Upon a motion by Supervisor Hess, seconded by Supervisor Fisher, the Board approved the above refund request and supplemental appropriation. 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 Minute Book Number 40 Board of Supervisors Regular Meeting of ]z /10114 �3s 3. Ari Fleet Lt in the amount of $6,589.05 for the proration of personal property taxes and vehicle license fees in the normal course of business for 2012 and 2013. This refund was a result of the company's vehicles being reported from one office in the company and the verification of titling and situs being made later, elsewhere in the company. Upon a motion by Supervisor Lofton, seconded by Supervisor Hess, the Board approved the above refund request and supplemental appropriation. 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 COMMITTEE REPORTS PARKS AND RECREATION COMMISSION REPORT — APPROVED UNDER CONSENT AGENDA The Parks and Recreation Commission met on November 18, 2014. Members present were: Kevin Anderson, Randy Carter, Christopher Collins, Marty Cybulski, Gary Longerbeam, Ronald Madagan, and Charles Sandy, Jr. Members present were: Patrick Anderson and Greg Brandon, Jr. Items Requiring Board of Supervisors Action: None Submitted for Board Information Onlv: ].. Recommendation far Ninth Recreation Technician — Mr. Kevin Anderson moved to fund a Recreation Technician position to effectively manage the additional basicREC location and maintain safety this fiscal year, second by Mr. Cybulski, motion carried unanimously {7 -0 }. Request will be forwarded to the Human Resources Committee and Finance Committee for review at their next meeting. 2. Incentive Pay Policy — Mr. Madagan moved to accept the Incentive Pay Policy as submitted, second by Mr. Longerbeam, motion carried unanimously {7 -0 }. Please f nd attached a cogy of the approved policy. Policy will be forwarded to the Human Resources Committee for review at their next meeting. 3. Cosponsor Committee —Youth Sports Partner Policy —The Cosponsor Committee recommended to endorse the Youth Sports Partners policy as submitted, second by Mr. Longerbeam, motion carried unanimously (7 -0). Please find attached a copy of the approved policy. taken. �l. BuiIding and Grounds Committee — Northwest Sherando Park Update — No action LANDFILL OVERSIGHT COMMITTEE REPORT — APPROVED UNDER CONSENT AGENDA . The Landfill Oversight Committee met on Thursday, November 20, 2014 at 8:00 a.m. All committee members were present except Winchester representatives, City Manager Eden Freeman and Tom Hoy and Frederick County representative Stan Crockett. The following items were discussed: Minute Book Number 40 Board of SuperWisors Regular Meeting aF 1Z/10114 ** *Items Not Requiring Action * ** 1. Fiscal Year 2013/2014 Accomplishments Staff presented the following accomplishments for Fiscal Year 201312014: • Widened and paved approximately 1.4 miles of internal haul roads; • Generated 11,765 MW/hr of power from Landfill Gas to Energy plant; • Collected and discharged 23,312,000 gallons of pretreated leachate to the Opequon Water Reclaanation Facility; • Processed 149,659 tons of refuse; • Constructed a 40' by 80' machine shed for equipment storage; • Recycled 789 tons of 'scrap metal with a value of approximately $200 per tan; • Crushed appraximately 20,000 tons of rubble concrete for onsite use. 2. Proposed Projects for Fiscal Year 2015/2016 Staff discussed the following proposed projects for Fiscal Year 201512016: • Upgrade the leachate treatment facility including replacing the air infusion system and the biological support media; • Use generator coolant loops to heat existing maintenance shops; • Extend gas collection header and add additional horizontal collectors in active 1�ISW cell. 3. Future Five (5} Year Projects As part of the budget process, staff presented a list of future projects that could potentially be constructed within the next five (S) years. This list with associated cost estimates is attached. 4. Fiscal Year 20I5/2016 Budget Staff presented the proposed Fiscal Year 2015!2016 budget to the committee for their review. Significant items related to projected revenue included increasing the municipal tipping fee from $12 to $14 per ton and increasing the commerciaUindustrial tipping free from $45 to $47 per ton. Capital expenditures were dramatically reduced in the proposed budget compared to the current budget. .Staff is proposing a Fiscal Year 2015/2016 budget of $6,011,823 and a revenue projection of $6,011,382. The minor difference will be funded from the landf`ill's retained earnings. The landfill's fund balance is currently estimated at approximately $30,000,000. Of that amount, appraximately $12,000,000 is dedicated to a clasurelpost- closure trust fund. It should also be noted that future projects planned for the next five (5) years will require approximately $12,000,000 in capital expenditures. Staff anticipates chat the landfill fund balance will be reduced to an amount of approximately $26,000,000 at the end of the current fiscal year. At the conclusion of the discussions, the committee unanimously endorsed the proposed budget. This endorsement and the proposed budget will be forwarded to the appropriate committees in the respective jurisdictions. HUMAN RESOURCES COMMITTEE REPORT - APPROVED The HR Committee met in the First Floor Conference Room at 107 North Kent Street an Friday, November 14, 2014 at 8:00 a.m. All members were present. x* *Items Requiring Action * ** 1. The Committee Recommends Adoption of the Attached Resolution ( #039 -14) to Designate Frederick County a HIPPA Hybrid Entity. - APPROVED Minute Book Number 40 Board of Supervisors Regular Meeting of 1Z/1o114 138 Upon a motion by Supervisor Hess, seconded by Supervisor Wells, the Board approved the resolution to designate the County of Frederick, Virginia, a hybrid entity for the purposes of the Health Insurance Portability and Accountability Act of 1996 and the HIPAA Privacy Rule. WHEREAS, the County i5 committed to compliance with all applicable laws and regulations relating to privacy and security, including the Health Insurance Portability and Accountability Act of 1996 ( "HIPAA "} and regulations promulgated thereunder by the U.S. Department of Health and Human Services ( "HIPAA Regulations " }; and WHEREAS, the County is a "covered entity" as that term is defined under HIPAA, because the County offers a group health plan to its employees and due to its emergency medical services functions, social services functions, and jail functions; and WHEREAS, the Board of Supervisors has determined that the County may more effectively and efficiently administer its policies and procedures for HIPAA compliance by designating the County as a "hybrid entity" as that term is defined under HIPAA, 45 C.F.R. g 164.103; and WHEREAS, the County's Fire and Rescue Department, Public Safety Communications Department, Social Services Department, and Northwestern Regional Adult Detention Center have in place adequate training, policies, and procedures for HIPAA compliance; and WHEREAS, the County has contracted with a third party to administer its group health plan, such that no County employee responsible for administration of the plan normally has contact with "protected health information" as that term is defined under HIPAA 45 C.F.R. 8160.103; and WHEREAS, all third parties contracting with the County and receiving, processing, or transmitting protected health information of the County will be required to execute a "Business Associate Agreement" as required under HIPAA 45 C.F.R, g 164.308 {b }, thereby agreeing to treat "protected health information" in compliance with HTPAA; NOW, THEREFORE, BE YT RESOLVED, that the Board of Supervisors of the County of Frederick, Virginia, hereby designates the County as a "hybrid entity ", pursuant to the HIPAA Privacy Rule, 45 C.F.R. g164.I05. FURTHER RESOLVED, the following hereby designated as the health care component of the County's hybrid entity: (i) the County employee group health plan; and (ii) the County Fire and Rescue Department; {iii) the County Public Safety Communications Department; (iv) the County Social Services Department; and (v) the Northwestern Regional Adult Detention Center. The group health plan is defined for purposes of HIPAA as those County employees responsible for administration of the health plan, including the County Adrnirristrator and the Human Resources Department, only to the extent that their duties involve administration of the plan. FURTHER RESOLVED, the following departments are designated as part of the health care component of the County's hybrid entity only to the extent that they receive protected health information from the group health plan, the Fire and Rescue Department, the Public Safety Communications Department, the Social Services Department, and /or the Northwestern Regional Adult Detention Center, or in the course of providing support services to the group health plan, the Fire and Rescue Department, the Social Services Department, and/or the Northwestern Regional Adult Detention Center; (i) the Finance Department; (ii) the Information Technology Department; (iii) the Treasurer's Office; (iv) the County Attorney's Office; and (v} the County Administrator's Office. FURTHER RESOLVED, departments providing support services to the health care component of the County's hybrid entity shall receive a level of HTPAA training commensurate with their level of access to protected health information. Minute Book Number 46 Board of supervisors Regular Meeting of 12/10/14 X39 Approved this 10th day of December, 2014. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Charles S. DeHaven, Jr. Aye Christopher E. Collins Aye Gene E. Fisher Aye Robert A. Hess Aye Gary A. Lofton Aye Robert W. Wells Aye 2. The Committee Recommends Adoption of the Recommended Salary Ranges with an Effective Date of,lanuary 2015. - APPROVED Upon a motion by Supervisor Hess, seconded by Supervisor Fisher, the Board approved the recommended salary ranges with an effective date of January 2015. Supervisor Lofton stated he was torn because the report recommended this particular action, but there were two other recommended actions as well. He would like to see this done mare as a comprehensive package rather than taking a piecemeal approach so we do not end up in same boat regarding salaries. He concluded by saying he would vote against this proposal. There being no further discussion, the Board approved the above motion by the fallowing recorded vote: Richard C. Shickle Aye Charles S. DeHaven, Jr. Aye Christopher E. Collins Aye Gene E. Fisher Aye Robert A. Hess Aye Gary A. Lofton Nay Robert W. Wells Aye 3. The Committee Recommends Approval of the Employee of the Manth Award for November. *" *Items Not Requiring Action *'�* 1. Presentation by the Director of Finance, Cheryl Shiffler. At the request of the Committee, Ms. Shiffler presented an overview of the objectives and responsibilities of the Finance Department. The presentation also provided the Committee an understanding of her department's role, authority, projects, and topics of importance within her department. There being no further business, the meeting was adjourned. The next HR Cornrnittee meeting is scheduled for Friday, December 12, 2014. FINANCE COMMITTEE RE PORT - APPROVED The Finance Committee met in the First Floor Conference Room at 107 North Kent Street on Wednesday, November 19, 2014 at 8:00 a.m. Member Richard Shickle was absent. ltezns 3 through 10 were approved under consent agenda. Upon a motion by Vice- Chairman DeHaven, seconded by Supervisor Lofton, the Board Minute Book Number 40 Board of Supervisors Regular Meeting of 1211E1114 �4� approved the consent agenda by the following recorded vote: Richard C. Shickle Aye Charles S. DeHaven, Jr. Aye Christopher E. Collins _Aye Gene E. Fisher Aye Robert A. Hess Aye Gary A. Lofton Aye Robert W. Wells Aye 1. The Parks and Recreation Director requests a General Fund supplemental a ro nation in the amount of $48 000 to replace pool sand filters at bosh Sherando and Clearbrook Parks. Local funding is required. Request has been approved by the Parks and Recreation Commission. See attached memo, p. 5. The committee recommends approval. - APPROVED Upon a motion by Vice - Chairman DeHaven, seconded by Supervisor Collins, the Board approved the above request by the fallowing recorded vote: Richard C. Shickle Aye Charles S. DeHaven, Jr. Aye Christopher E. Collins Aye Gene E. Fisher Aye Robert A. Hess Aye Gary A. Lofton Aye Robert W. Wells Aye 2. The Frre and Rescue Chief requests a General Fund supplemental appropriation in the amount of $5,700. This amount represents proceeds from the surplus sale and is needed for equipment for new vehicles. See attached memo, p. 6 -7. The committee delays action awaiting further information. 3. The Sheriff requests a General Fund su lemental a ro nation in the amount of $20,2400. These fiznds represent additional Internet Crimes Against Children (CAC) funds that have become available. No local funds required. See attached letter, p. 8 -11. — APPROVED UNDER CONSENT AGENDA. 4. The Sheriff requests a General Fund su lemental a ro nation in the amount of $375. This amount represents proceeds from the surplus sale to reimburse for the cost of DMV record checks on abandoned vehicles. See attached memo, p. 12 -13. — APPROVED UNDER CONSENT AGENDA. 5. The Sheriff requests a General Fund su lemental a ro nation in the amount of 1 000. This amount represents a donation for the Dive Team. No local funds required. See attached memo, p. 14. — APPROVED UNDER CONSENT AGENDA. 6. The Sheriff requests a General Fund su lemental a ro nation in the amount of 100. This amount represents a donation of the Honor Guard. Na local funds required. See attached memo, p. 15. — APPROVED UNDER CONSENT AGENDA. 7. The Sheriff requests a General Fund su lemental a ro nation in the amount of $500. This amount represents a donation from Walmart. No local funds required. See attached memo, p. 16. — APPROVED UNDER CONSENT AGENDA. 8, The Sheriff requests a General Fund su lemental a ro nation in the amount of $67.62. This amount represents proceeds from the sale of unclaimed property. No local funds required. See attached memo, p. 17. — APPROVED UNDER CONSENT AGENDA. 9. The Sheriff requests a General Fund supplemental appropriation in the amount of $3,884.14. This amount represents reimbursements received far prisoner extraditions. No local funds required. See attached memo, p. 18. — APPROVED UNDER CONSENT AGENDA. Minute Book Number 40 Board of Supervisors Regular Meeting oi' 12/10/14 141: 10. The Sheriff requests a General Fund supplemenial appropriation in the amount of 6 588.56. This amount represents an auto insurance claim reimbursement. No local funds required. See attached memo, p. 19. — APPROVED UNDER CONSENT AGENDA. 11. The NRADC Superintendent requests a NRADC Fund su lemental a ro riation in t_he amount of $56,139.20 for the design and bidding administration for a security system upgrade. See attached memo, p. 20. The committee recommends approval. - APPROVED Upon a motion by Vice - Chairman DeHaven, seconded by Supervisor Collins, the Board approved the above request by the following recorded vote: Richard C. Shickle Aye Charles S.,DeHaven, Jr. Aye Christopher E. Collins Aye Gene E. Fisher Aye Robert A. Hess Aye Gary A. Lofton Aye Robert W. Wells Aye 12. The County Attorney provides information for review of property tax exemptions previously granted by the County. This item was postponed at the October 2014 Finance Committee meeting. See attached information, p. 21 -84. The committee recommends requesting from the General Assembly the revocation of Westminster - Canterbury of Winchester's tax exempt status as it pertains to Frederick County, The committee also requests the continued review of ether entities and fixrther information from the County Attorney and the Commissioner of the Revenue. - APPROVED Upon a motion by Vice - Chairman DeHaven, seconded by Supervisor Lofton, the Board approved a resolution to request that the General Assembly remove Westminster - Canterbury of Winchester, Inc. from the list of organizations whose property is designated as tax - exempt. RESOLUTION #040 -14 WHEREAS, based on circumstances then existing, the Board of Supervisors previously, on April 10, 1985, requested that the General Assembly designate the property of Westminster - Canterbury of Winchester, Inc., located in Frederick County, as tax - exempt; and WHEREAS, the General Assembly, by Chapter 619 of its 1986 Session, enacted Virginia Code 858.1- 3650.220, said legislation designating Westminster- Canterbury of Winchester, Inc. as a charitable and benevolent organization within the context of Section 6(a }(6) of Article X of the Constitution of Virginia and designating property of Westminster- Canterbury of Winchester, Inc, and used by it exclusively for charitable and benevolent purpose, on a nonprofit basis, as exempt from local taxation; and ' WHEREAS, the Board of Supervisors has, pursuant to the provisions of Virginia Cade §58.1 -3605, enacted an ordinance requiring any entity, except the Commonwealth, any political subdivision of the Commonwealth, ar the United States, which owns real and personal property exempt pursuant to Chapter 36 of Title 58.1 of the Code of Virginia to file triennially an application with the Commissioner of the Revenue as a requirement for retention of the exempt status of the property, with such application with the Commissioner of the Revenue as a requirement far retention of the exempt status of the property, with such application to show the ownership and usage of such property and to be filed within the next sixty days preceding the tax year for which such exemption, or the retention thereof, is sought; and WHEREAS, Westminster- Canterbury of Winchester, Inc. filed the application required by County ordinance; and WHEREAS, upon review of such application and in consideration of circumstances Minute Book Number 40 Board of supervisors Regular Meeting of 12 /14/14 � 42 generally in the County and with respect to Westminster - Canterbury of Winchester, Inc., the Board of Supervisors finds that, in the intervening time since the Board of Supervisors made its request in 1985 and the General Assembly enacted Virginia Code §58.1- 3650.220 in 1986, various circumstances have changed, including that Frederick County is now home to other facilities offering substantially similar services as Westminster - Canterbury of Winchester, Inc., but as to which facilities the Board of Supervisors has elected not to designate their property as tax- exempt, and that the designation of the property of Westminster - Canterbury of Winchester, Inc. as tax- exempt is no longer appropriate; and NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors hereby requests that the General Assembly amend Virginia Cade 858.1- 3650.220 to remove from its exempt property list such property of Westminster - Canterbury of Winchester, Inc. as is located in the Frederick County, along the lines of the attached draft legislation; and BE IT FURTHER RESOLVED that the County Administrator is directed to forward a certified copy of this Resolution and attached draft legislation to those members of the General Assembly representing Frederick County. Approved this l0`" day of December, 2014. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Charles S. DeHaven, Jr. Aye Christopher E. Collins Nay Gene E. Fisher Aye Robert A. Hess Aye Gary A. Lofton Aye Robert W. Wells Aye I3. Lord Fairfax Community College provides a response to the Committee following discussions at the August 2014 Finance Committee meeting. This item was postponed at the October 2014 Finance Committee meeting. See attached letter, p. 85 -86. The committee requests additional information on the relationship between LFCC and the Frederick County Public Schools. The committee takes no action and will revisit during the FY 2016 budget cycle. *" *Informahon Only * ** I. The Finance Director provides a Fund 10 Transfer Report for October 2014. See attached, p, 87. 2. The Finance Director provides financial statements for the month ending October 31, 2014. See attached, p. 88 -89. 3. The Finance Director provides an FY 2015 Fund Balance Report ending November 13, 2014. See attached, p. 99. 4. The HR Director provides information on the recommended salary xanges that were approved. See attached information, p. 100 -104. PUBLIC HEARING PUBLIC HEARING - TWELVE MONTH OUTDOOR FESTIVAL PERMIT R�UEST OF BELLE GROVE PLANTATION_. PURSUANT TO THE FREDERICK COUNTY CODE, CHAPTER 86, FESTIVALS; SECTION 86 -3, PERMIT __ REQUIRED; APPLICATION; ISSUANCE OR DENTAL; FE_E, PARAGRAPH D, TWELVE MONTH PERMITS. ALL EVENTS TO BE HELD ON THE GROUNDS OF BELLE GROVE PLANTATION,�336 BELLE GROVE ROAD MIDDLETOWN VIRGINIA. PROPERTY OWNED BY THE NATIONAL TRUST FOR HISTORIC PRESERVATION. - APPROVED Administrator Riley advised this was a request fora 12 month outdoor festival permit fox Minute Book Number 44 Board of Supervisors Regular Meeting of 1Z/f4/14 X43 Belle Grove Plantation. All events will be held on the plantation grounds. Kristen Laise, Executive Director of Belle Grove Plantation, thanked the Board for considering this request. Chairman Shickle convened the public hearing. There were no citizen comments. Chairman Shickle closed the public hearing. Upon a motion by Supervisar Lofton, seconded by Supervisor Wells, the Board approved the 12 month outdoor festival permit for the request of Belle Grove Plantation. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Charles S. DeHaven, rr. Aye Christopher E. Collins Aye Gene E. Fisher Aye Robert A. Hess Aye Gary A. Lofton Aye Robert W. We11s Aye PLANNING COMMISSION BUSINESS PUBLIC HEARING PUBLIC HEARING - CONDITIONAL USE PERMIT #03 -14 FOR CAROLINE E. WATSON, FOR IN HOME CHILD CARE. THIS PROPERTY IS LOCATED AT 215 WESTMORELAND DRIVE IN STEPHENS CITY TRAVEL INTERSTATE 81 SOUTH TO EXIT 307 STEPHENS CITY TAKE A LEFT ONTO FAIRFAX PIKE LEFT ON AYLOR ROAD AND TURN RIGHT ONTO WESTMORELAND DRIVE . THE PROPERTY IS IDENTIFIED WITH PROPERTY IDENTIFICATION •NUMBER 75E -1 -3 -165 IN THE OPEOUON MAGISTERIAL DISTRICT. — RESOLUTION #041. -14 - APPROVED Zoning Administrator Mark Cheran appeared before the Board regarding this item. He advised this was a request for a conditional use permit far a licensed home child care. The property is located at 250 Westmoreland Drive in the Opequon Magisterial District. He noted the proposed use was permitted in the Residential Performance (RP} zoning district with an approved conditional use permit. Zoning Administrator Cheran went on to say a child care facility has operated at this location for the Iast 14 years; however, the owner was not aware she needed a conditional use permit. This was an opportunity to bring the facility into compliance with the zoning ordinance. He noted staff had not received any complaints at this facility. He concluded by saying the Planning Commission recommended approval of the perrxlit with the following conditions: 1. All review agency comments and requirements shall be complied with at all times. Z. Hours of operation shall be permitted from 7:00 a,m. to 5:00 p.m., Monday through Minute Book Number 40 Board of Supervisors Regular Meeting of 12/10/14 144 Friday. 3. The applicant shall satisfy the licensing requirements of the Virginia Department of Social Services and the County of Frederick. 4. No business sign associated with this Conditional Use Permit (CUP) shall be erected an the property. 5. Other than those children residing on the property, there shall be no more than twelve (12) children being cared for at any given time. 6. Other than those persons residing on the property, there shall be no more than one (1) employee working at the daycare at any time. 7. Any expansion or change of use will require a new Conditional Use Permit. Chairman Shickle asked if the 5:00 p.m, closing time was sufficient or if a later time would be better for the applicant. Caroline E. Watson, applicant, requested the hours be changed to 7:00 a.rn. to 6:00 p.m. Chairman Shickle convened the public hearing. There were no public comments. Chairman Shickle closed the public hearing. Upon a motion by Supervisor Wells, seconded by Supervisor Hess, the Board approved Conditional Use Permit #03 -14 with the hours of operation changed to 7:00 a.m. to 6:00 p.m. WHEREAS, Conditional Use Permit #03 -i4 of Caroline E. Watson, submitted by Caroline E. Watson, for Licensed Home Child Care was considered. The property is located at 215 Westmoreland Drive. The property is further identified with Property Identification Number 75E -1 -3 -165 in the Opequan Magisterial District. The conditional use is a permitted use as a cottage occupation in the RP (Residential Performance} District; and WHEREAS, the Frederick County Planning Commission held a public hearing on the conditional use permit on November 5, 2014, and recommended approval :of the Conditional Use Permit with conditions; and, WHEREAS, the Frederick County Board of Supervisors held a public hearing on this Conditional Use Permit during their regular meeting on December 10, 2014; and, WHEREAS, the Frederick County Board of Supervisors finds the approval of this conditional use permit to be in the best interest of the public health, safety, welfare, and in conformance with the Comprehensive Policy Plan; NOW, THEREFORE, BE IT ORDAINED by the Frederick County Board of Supervisors that Chapter 165 of the Frederick County Code, Zoning, is amended to revise the zoning map to reflect that Conditional Use Permit Application #03 -14 -- Caroline E. Watson for a licensed in -home daycare facility is permitted on the parcel identified by Property Identification Number {PIN) 75E -1 -3 -165 with the following conditions: " 1. All review agency comments and requirements shall be complied with at all times. 2. Hours of operation shall be permitted from 7:00 a.m. to 6:00 p.m., Monday through Friday. 3. The applicant shall satisfy the licensing requirements of the Virginia Department of Social Services and the County of Frederick. Minute Book Number QO Board of Supervisors Regular Meeting of 12/10/14 i �� 4. No business sign associated with this Conditional Use Permit {CUP) shall be erected on the property. 5. Other than those children residing on the property, there shall be no more than twelve (12) children being cared for at any given time. 6. Other than those persons residing on the property, there shall be no more than one (1 } employee working at the daycare at any time. 7. Any expansion or change of use will require a new Conditional Use Permit. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Charles S. DeHaven, J'r. Aye Christopher E. Collins .Aye Gene E. Fisher Aye Robert A. Hess Aye Gary A. Lofton Aye Robert W. Wells Aye PUBLIC HEARING - REZONING #02 -14 HERITAGE COMMONS L.L.C. SUBMTTTED BY LAWSON AND SILEK P.L.C. TO REZONE 96.28 +/- ACRES FROM B2 BUSINESS GENERAL DISTRICT TO R4 RESIDENTIAL PLANNED COMMUNLT DISTRICT AND 54 +/_ ACRES FROM RP SIDENTIAL PERFORMANCE DISTRTCT TO R4 SIDENTIAL PLANNED COMMUNIT DISTRICT AND .31 +1- ACRES FROM RA RURAL AREAS DTSTRICT TO R4 RESIDENTIAL PLANNED COMMUNTT DISTRICT WITH PROFFERS. THE PROPERTTES ARE LOCATED WEST OF THE INTERSECTION OF FRONT ROYAL PTKE ROUTE 522 AND AIRPORT ROAD ROUTE 645 AND ARE IDENTIFIED BY THE PROPERTY IDENTIFICATION NUMBERS 63 -A -150 64 -A -10 AND 64 -A -12 IN THE SHAWNEE MAGTSTERIAL DISTRICT. — POSTPONED UNTIL FIRST MEETING IN JANUARY 2015 Senior Planner Candice Perkins appeared before the Board regarding this item. She advised this was a proposal to rezone 96.28 acres from B2 (Business General) District to R4 (Residential Planned Community) District and 54 acres from RP (Residential Performance) District to R4 (Residential Planned Community} District and .31 acres from RA (Rural Areas) District to R4 (Residential Planned Community) District with proffers. The property is located in the Shawnee Magisterial District. The applicant proposed to construct 1,200 residential units and commercial uses. The project would result in approximately 23,000 vehicle trips per day. She noted the applicant had proffered Iand to the Economic Development Authority. She advised the applicant requested a waiver of the master development plan and requested permission to provide a generalized development plan in lieu of the master development plan. The applicant requested an increase in the density so they could utilize 100% of the residential area for townhouses' and multifamily units. The applicant requested permission to exceed the commercial area beyond 50% of the project. The applicant also requested a decrease in the #Minute Book Number 40 Board of Supervisors Regular MeeCing or 12/10/14 � 4.s minimum open space requirement from 30% to 15 %. The applicant would like to modify the height limitation to allow the buildings to be constructed up to 80 feet in height, which exceeds than the current maximum allowed height of 60 feet. The applicant also sought to reduce the required setbacks for the garden apartments. Senior Planner Perkins advised the applicant did not address the fiscal impacts of this development. The development impact model projected fiscal impacts totaling $15,347,000.00. The proposed project could have a positive f seal impact at full build out, which could take up to IS years to materialize. The project as proposed would allow for 1,200 residential units to be constructed with only 100,000 square feet of commercial use. She also noted the proposed land uses in land bays 3 and 7 did not conform to the Comprehensive Plan. Deputy Planning Director — Transportation john Bishop appeared before the Board to address the transportation components of This proposed project. He noted there was still work to be done with regard to transportation. He noted the original $1 million cash proffer had been removed. There was na assurance development would not occur ahead of the transportation system being installed. He went on to say there was no development trigger for Warrior Drive. He advised that all construction commitments relied on a revenue sharing agreement that does not exist. Deputy Director Bishop advised that he had concerns about exposure to _the county. He concluded by saying the Planning Commission recommended denial of this application based on the impacts. Ty Lawson appeared before the Board on behalf of the applicants. He noted there were a lot of paints to this large development. He asked that the application be tabled until .lanuary in order to allow the applicants time to address comments. He noted a very important piece of this project was the road agreement. He then showed an aerial picture, of the site showing the roughed in roads. He went on to say the road project was being managed by the County and there were three awards that make up the total revenue sharing package. He noted the applicants were proffering to pay the County's share of this project. He explained the applicants were proposing to put the residential development in close proximity to the commercial development so residents could walk to those features. He believed the R4 zoning fit this type of development. He explained that the site should be viewed in the whole and not as individual land bays. He went onto say he believed the Land uses proffered were what was called far in the Comprehensive Plan. He noted the applicants were.proffering to participate in a revenue sharing Minute Book Number 40 Board of Supervisors Regular Meeting of 12/10/14 X47 agreement, with the financial terms yet to be reached. He noted if an agreement was not reached then the proposed rezoning would fail. He stated the applicants have proffered to dedicate right of way and participate in the revenue sharing agreement. He stated this type of development proposal was new to our area. The applicants were looking to construct luxury or market rate apartments. Mr. Lawson noted this development was a tax positive to the county for multiple reasons, but it was not fair to apply the impact model to this unit type because they are not here yet. He stated there was a transportation credit for this project. The property owner had a $4.3 million cost for roads, which was more than enough to serve the development. He concluded by saying the traffic impact analysis showed this proposal had the same number of vehicle trips per day as the original Russell 150 project. Matt Milstead, one of the applicants, showed a video of the proposed apartments. Mr. Milstead noted they wanted to do a project that was needed, which was a higher end project. He stated this proposal would result in a $250 million capital expenditure on this property. He concluded by saying this proposal was providing both a product and a lifestyle. Chairman Shickle convened the public hearing. There were no public comments. Chairman Shickle closed the public hearing, Supervisor Fisher stated there were a number of things here and we need to protect the county. He cited the buiiding height increase to 80 feet. He stated if the FAA did not approve of that height then it needed to go away. Upon a motion by Supervisor Fisher, seconded by Supervisor Collins, the Board postponed rezoning #02 -14 until the f rst meeting in .lanuary. Chairman Shickle asked how they could come to an agreement that a public hearing was or was not required. Administrator Riley stated it was the chairman's prerogative to allow public comments an this item at the 7anuary meeting. Supervisor Fisher stated he would like to see the public comment period extended to the next meeting. There being no further discussion, the above motion was approved by the following recorded vote: Richard C. Shickle Aye Charles S. DeHaven, Jr. Aye Minute Book Number 4p Board of Supervisors Regular Meeting of 12/10/14 X48 Christopher E. Collins Aye Gene E. Fisher Aye Robert A. Hess Aye Gaxy A. Lofton Aye Robert W. Wells Aye OTHER PLANNING ITEMS ROAD RESOLUTION , � #042 -14) — RENAISSANCE DRIVE AND PR_O_ SPERITY DRIVE. — APPROVED UNDER CONSENT AGENDA WHEREAS, the streets described on the attached Form AM -4.3, fully incorporated herein by reference, are shown an plats recorded in the Clerk's Office of the Circuit Court of Frederick County; and WHEREAS, the Resident Engineer of the Virginia Department of Transportation has advised this Board that the streets meet the requirements established by the Subdivision Street Requirements ofthe- Virginia Department of Transportation; and WHEREAS, the County and the Virginia Department of Transportation have entered into an agreement on June 9, 1993, for comprehensive stormwater detention which applies to this request for addition; and NOW, THEREFORE, BE IT RESOLVED, this Board requests the Virginia Department of Transportation to add the streets described in the attached Form AM -4.3 to the secondary system of state highways, pursuant to 33.2 -705, Code of Virginia, and the Department's Subdivision Street_Requirements; and BE IT FURTHER RESOLVED, this Board guarantees a clear and unrestricted right -of- way, as described and any necessary easements for cuts, fills and drainage; and BE IT FURTHER RESOLVED, that a certified copy of this resolution be forwarded to the Resident Engineer for the Virginia Department of Transportation. BOARD LIAISON REPORTS There were no Board liaison reports. CITIZEN COMMENTS Darla McCrary, Back Creek District, appeared before the Board regarding sewer problems. She advised that she purchased property at 119 Buckingham Drive, Stephens City and within nine months there was 16 inches of sewage backed up in the property. She noted the prior owner did not disclose this issue. The backup occurred following 1.5 inches of rainfall. She noted this property had experienced five sewage backups /flooding in the last four years. She went on to say that she spoke with the Frederick County Sanitation Authority in 3uly. She thought someone should care about this issue. She asked the Board to appoint a special committee to fix this problem and act on the latest study. Tamara Dalton, Opequon District, stated she had the same issue with her house in Greenbrier Village in Stephens City. She went on to say the Sanitation Authority said they were not liable because they were not grossly negligent. She asked the Board to help sa this does not Minute Book Number 40 Board of Supervisors lteguiar Meeting of 12/10/14 ._ i 149' recur. BOARD OF SUPERVISORS COMMENTS Supervisor Lofton wished everyone a Merry Christmas and a Happy New Year. �r.�- rai -��»�� 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:.22 P.M.} �4 �� Richard C. Shickle i ey, Jr. Chairman, Board of Supervisors erk, Board of Supervisors Minutes Prepared By: �, �%� Jay E. ib Deputy Clerk, Board of Supervisors Minute Book Number 40 Board of Supervisors Regular Meeting of 12/1U114