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February 11 2015 Regular Meeting Minutes192 A Regular Meeting of the Frederick County Board of Supervisors was held on Wednesday, February 11, 2015 at 7:05 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. INVOCATION Supervisor Fisher delivered the invocation. PLEDGE OF ALLEGIANCE Supervisor DeHaven Ied the Pledge of Allegiance. ADOPTION OF AGENDA - APPROVED Interim County Administrator Roderick B. Williams advised that he had no changes to the agenda. Upon a motion by Vice - Chairman DeHaven, seconded by Supervisor Hess, the Board approved the agenda as presented. 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 CONSENT AGENDA - APPROVED Interim Administrator Williams offered the following items for the Board's consideration under the consent agenda: - Resolution Supporting the Funding of Public Education. in Virginia — Tab D; and - Road Resolutions —. Snowden Bridge Boulevard; Snowden Bridge Subdivision, Section 1; and Snowden Bridge Subdivision, Section 4, — Tab G. Upon a motion by Supervisor Lofton, seconded by Supervisor Wells, the Board approved the consent agenda by the following recorded vote: Minute Book Number 40 Board of supervisors Regular Meeting of 02111/15 193 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 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 Lofton, seconded by Vice- Chairman DeHaven, the Board approved the minutes from the January 14, 2015 meeting with the addition of Technology Committee to the committee assignments for Supervisor Hess. 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 Upon a motion by Supervisor Hess, seconded by Supervisor Lofton, the Board approved the minutes from the January 21, 2015 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 Lofton, seconded by Supervisor Hess, the Board approved the minutes from the January 28, 2015 budget work session with the School Board 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 Minute Book Number 40 Board of Supervisors Regular Meeting of 02/11115 194 Upon a motion by 'Vice- Chairman DeHaven, seconded by Supervisor Fisher, the Board approved the minutes from the January 29, 2015 special meeting 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 COUNTY OFFICIALS COMMITTEE APPOINTMENTS APPOINTMENT OF BILL M. EWING AS A CITIZEN REPRESENTATIVE TO THE FINANCE COMMITTEE Chairman Shickle advised that he had appointed Bill M. Ewing to serve as a citizen member of the Finance Committee. APPPOINTMENT OF COUNTY ADMINI STRATOR AS FREDERICK COUNTY REPRESENTATIVE TO THE REGIONAL JAIL AUTHORITY JUVENILE DETENTION CENTER COMMISSION ALTERNATE, AND COMMUNITY CORRECTIONS BOARD (CCJB) A ND ALCOHOL SAFETY ACTION PROGRAM (_ASAP) - APPROVED Upon a motion by Supervisor Lofton, seconded by Vice - Chairman DeHaven, the Board appointed the county administrator or his/her designee to the following: - Regional Jail Authority — This is a four year appointment. Term expires October 13, 2019; - Juvenile Detention Center Commission alternate - Term expires September 27, 2016; and - Community Corrections Justice Board (CCJB) and Alcohol Safety Action Program (ASAP) — Term expires February 22, 2017. 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 COMMISSIONER OF THE REVENUE REFUND - APPROVED Interim Administrator Williams advised this was a request from the Commissioner of the Revenue to authorize the Treasurer to refund Sonoco Sustainability LLC the amount of $2,932.50 for business equipment taxed as machinery and tools for 2012, 2013, and 2014 on equipment used in the shipping department at Draft Foods, a manufacturer. The equipment is tax Minute Book Number 40 Board of supervisors Regular Meeting of 02/11/15 195 exempt because it is used by the manufacturer in the shipping and refuse section and not in the actual manufacturing. 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 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 (9052 -15) SUPPORTING THE FUNDING OF PUBLIC EDUCATION IN VIRGINIA — APPROVED UNDER CONSENT AGENDA WHEREAS, Virginia Constitution, Article VIII, Section 1 provides that the General Assembly shall provide for a system of free public elementary and secondary schools for all children of school age throughout the Commonwealth, and shall seep to ensure that an educational program of high quality is established and continually maintained; and WHEREAS, Virginia Constitution further expounds as to the responsibilities of the General Assembly as they pertain to the funding of a quality education system, to include cost apportionment and the adequate commitment of other resources; and WHEREAS, increased funding for public education is needed to ensure that the state meets its responsibility to provide public education as a core function of state government and to promote economic development in Virginia (VASS Blueprint for Public Education); and WHEREAS, Virginia's state aid to public education has been declining since the 2009 recession with state direct aid K -12 appropriations currently at $6.8 billion (all funds) /$5.2 billion (GF) compared to $7.1 billion (all funds)/$5.6 billion (GF) in FY 2009; and WHEREAS, state K -12 funding reductions have reduced K -12 funding from 35 percent of the General Fund in FY 2009 to below 30 percent in FY 2014 and beyond; and WHEREAS, the state's reduction in funding for K -12 education has occurred through policy changes since FY 2009, such as reduced state funds for school "support" personnel and administrative and employee benefits; and WHEREAS, localities have paid for the increased costs of education required by state mandates to improve public school performance with localities currently paying 56 percent of the state versus local share of public education rather than the 45 percent they should be paying as defined by the Standards of Quality; and WHEREAS, Iocalities budgeted $3.55 billion in FY 2013 above their state required local effort to maintain the actual costs of public education (Annual Superintendents Report to the Department of Education); and WHEREAS, we believe our state's future prosperity relies on a high - quality education system that prepares students for college and careers, and that without it, Virginia's economic competitiveness and ability to attract new business will falter. NOW, THEREFORE, BE IT RESOLVED, that the Board of Supervisors of the County of Frederick, Virginia, hereby call upon the Virginia General Assembly to immediately increase the state's share of funding for public education to the level of quality that is prescribed to them in the Standards of Quality and expected by all of the Commonwealth's citizens. Minute Book ]Number 40 Board of supervisors Regular Meeting of 02/11/15 we, ADOPTED this 11 day of February, 2015. COMMITTEE REPORTS PUBLIC WORKS COMMITTEE REPORT - THE ACTION ITEMS ON THIS REPORT WERE REFERRED BACK TO THE COMMITTEE DUE TO THE LACK OF A QUORUM AT THE COMMITTEE'S MEETING. The Public Works Committee met on Tuesday, January 27, 2015, at 8:00 a.m. All members were present except David Ganse, Bob Wells, and Jim Wilson. The following items were discussed: ** *Items Requiring Action * ** 1. Proposed Fire Prevention Code Permit Requirements and Fee Schedule The Fire Marshal, Mr. Jay Bauserman, presented a proposal to implement fire prevention code permit requirements and associated fees, The attached memorandum dated January 20, 2015 highlights those requirements and includes a proposed fee schedule. Mr. Bauserman indicated that his department is currently conducting approximately 400 annual fire inspections for local businesses to maintain compliance with state or federal agencies. He further indicated that they are in the process of expanding the current inspections to include a comprehensive list of all relevant businesses that fall within the purview of state fire code. The fees are being proposed to cover the costs of the inspections. The phasing and/or implementation of the proposed permitting and associated fees will be dependent on the availability of personnel and resources. At the conclusion of the discussion, the committee members in attendance unanimously endorsed the proposal and recommended that the request be forwarded to the board of supervisors for their review and action. They further recommended that the fee schedule be implemented on July 1, 2015. They also suggested that the fire marshal prepare an implementation schedule and prioritize the businesses that are currently being inspected. 2. Request from the Landfill for Approval of Waste Acceptance and Supplemental Appropriation The Landfill Manager, Mr. Steve Frye, presented a request to accept discarded (old) line poles from Rappahannock Electric Cooperative (REC). Even though REC is based in Warren County, a majority of their poles are derived from Frederick and Clarke counties. The committee members in attendance unanimously endorsed the request. Mr. Frye requested a supplemental appropriation in the amount of $1,575,000 to cover the cost of the closure of nine (9) acres within the construction/demolition debris landfill. The justification for this request is attached in a memorandum dated January 20, 2015 from Mr. Frye. The committee members in attendance unanimously endorsed this request and recommended that it be forwarded directly to the board of supervisors. The funds will be derived from the landfill reserve fund. ** *Items Not Requiring Action * ** 1. Discussion of Citizens' Convenience Sites The public works director led a discussion related to the future disposition of three (3) existing citizen refuse collection sites: Clearbrook, Albin, and Greenwood. The attached memorandum from Ms. Gloria Puffinburger, solid waste manager, dated January 15, 2015 highlights the staff concerns related to these sites with several suggested courses of action. The Clearbrook site is located on land currently leased from Carmcuse within a future mining area. The lease expires in December 2015. Ongoing discussions with Carmeuse indicate that they are willing to extend the lease to December 2016. Staff will pursue an agreement Minute Book Number 40 Board of supervisors Regular Meeting of 02/11/15 1.9 7, r__ which documents this extension. In addition, Carmeuse has indicated a willingness to provide a potential site on their property which will not be impacted by future mining. Staff will pursue this opportunity with the assistance from the county attorney. Relocation costs have been included in the 201 5/2016 CIP. The Albin site is the most heavily utilized site outside of the landfill. Existing site constraints limit the expansion of this facility to accommodate the existing traffic volume. Staff is proposing to contact the Frederick County School System to determine the possibility of relocating this facility to the site of the old school transportation facility which is located off of Bryarly Road in very close proximity to the Albin site. The cost of the new site development has been included in the 2015/2016 CIP. Staff has previously recommended closure of the Greenwood citizens' convenience site because of long standing safety issues. The committee suggested that staff explore the possibility of expanding the existing site to alleviate traffic congestion. Consequently, staff will pursue the availability of adjacent property that would provide sufficient area to accommodate expansion. This option will be presented at the next scheduled committee meeting. 2. Miscellaneous Reports a) Tonnage Report b) Recycling Report c) Animal Shelter Dog Report . d) Animal Shelter Cat Report TRANSPORTATION COMMITTEE REPORT - APPROVED The Transportation Committee met on January 26, 2015 at 8:30 a.m. Members Present Members Absent Chuck DeHaven (voting) Mark Davis (liaison Middletown) James Racey (voting) Lewis Boyer (liaison Stephens City) Gene Fisher (voting) Christopher Collins (voting) Gary Oates (liaison PC) ** *Items Requiring Action * ** 1. Gold's Orchard Road Abandonment - Approved In August of 2012, the committee authorized staff to move forward to the Board of Supervisors on the abandonment of portions of Gold's Orchard Road that impacts the property of Mr. Cordell Watt so that he can take over maintenance and better secure his property. Following that meeting, staff was asked by the property owner to hold off due to the possible acquisition of additional property which might have increased the amount of roadway to abandon. Staff has now been asked to proceed again. The limits of the abandonment have not changed since the August 2012 action but due to the time that has passed; the committee was asked to recertify their position. MOTION: Mr. Fisher moved to recommend that the Board direct staff to proceed with the abandonment, subject to checking with the one remaining property owner with frontage on the right -of -way. Motion seconded by Mr. Racey and passed unanimously. Upon a motion by Vice - Chairman DeHaven, seconded by Supervisor Collins, the Board approved the abandonment of Gold's Orchard Road. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Christopher E. Collins Aye Minute Book Number 40 Board of supervisors Regular Meeting of 02/11/15 a Charles S. DeHaven, Jr. Aye Gene E. Fisher Aye Robert A. Hess Aye Gary A. Lofton Aye Robert W. Wells Aye ** *Items Not Requiring Action * ** 2. Petticoat Gap Lane Proffer Modification The property owners associated with the WWW rezoning and its associated proffer to build Petticoat Gap Lane as a 5 lane section are contemplating a revision of that proffer to build a lesser roadway in recognition of a significant change in surrounding conditions. Please review the attached materials. Staff and the committee noted that while the amendment seems to make sense, it is difficult to say that the traffic from the hospital will forever be limited and so it would be a good idea to preserve the right -of -way for the future potential need for a larger facility and preserve an access point to the Solenberger property to the north via Retail Boulevard. The committee concluded with a consensus that the proposal has merit provided future right of ways are preserved and subject to the actual language of the formal proposal as well as agency comments. No formal action was taken. The Board took no formal action on this item. The consensus was for the Transportation Committee to forward their comments to the Planning Commission once a rezoning application is received. 3. 11112 Implementation Update Staff updated the committee on the meeting they attended on January 8 t ' in the Edinburg residency as well as the surveys they have been asked to fill out regarding the implementation of HB2. Staff noted that while much input has been provided, nothing has yet come out of Richmond which world give an idea of whether that input is being received and heeded. As information comes forth, the committee and the Board will be updated. 4. Revenue Sharing Application Update Staff updated the committee on the status of the current revenue sharing application which the Board acted on January 28, 2015. 5. Other No items. PLANNING COMMISSION BUSINESS ROAD RESOLUTIONS — APPROVED UNDER CONSENT AGENDA SNOWDEN BRIDGE BOULEVARD RESOLUTION #053 -15 — APPROVED UNDER CONSENT AGENDA WHEREAS, the streets described on the attached Form AM -4.3, fully incorporated herein by reference are shown on the 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 of the Virginia Department of Transportation; and Minute Book Number 40 Board of Supervisors Regular Meeting of 02/11/15 199 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 requirement 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. SNOWDEN BRIDGE BOULEVARD SUBDIVISION SECTION 1 RESOLUTION #054 -15 — APPROVED UNDER CONSENT AGENDA WHEREAS, the streets described on the attached Form AM -4.3, fully incorporated herein by reference are shown on the 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 of the 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 storrawater detention which applies to this requirement 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. SNOWDEN BRIDGE BOULEVEARD SUBDIVISION, SECTION 4 (RESOLUTION #055 -15) — APPROVED UNDER CONSENT AGENDA WHEREAS, the streets described on the attached Form AM -4.3, fully incorporated herein by reference are shown on the 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 of the 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 requirement far 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 Minute Book dumber 40 Board of Supervisors Regular Meeting of 02/11/15 200 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 Gary Oates, Stonewall District, stated his support for the tax rate staying the same. He did not want to see it go up or down. He also noted that it was important for the new county administrator to be from the community and he encouraged the Board to hire from within. BOARD OF SUPERVISORS COMMENTS There were no Board of Supervisors' comments. ADJOURN UPON A MOTION BY VICE - CHAIRMAN DEHAVEN, SECONDED BY SUPERVISOR FISHER, THERE BEING NO FURTHER BUSINESS TO COME BEFORE THIS BOARD, THIS MEETING IS HEREBY ADJOURNED. (7:38 P.M.) Richard C. Shickle Chairman, Board of Supervisors 0/ 4"�� oderick B. Williams Interim Clerk, Board of Supervisors Minutes Prepared By: Jay E. ! ib Deputy Clerk, Board of Supervisors Minute Book Number 40 Board of Supervisors Regular Meeting of 02/11/15