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January 28 2015 Regular Meeting Minutes173 A Regular Meeting of the Frederick County Board of Supervisors was held on Wednesday, January 28, 2015 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. CALL TO ORDER Chairman Shickle called the meeting to order. INVOCATION Supervisor Hess delivered the invocation. PLEDGE OF ALLEGIANCE Supervisor DeHaven led the Pledge of Allegiance. ADOPTION OF AGENDA - APPROVED County Administrator John R. Riley, Jr. 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 Administrator Riley offered the following items for the Board's consideration under the consent agenda: - Parks and Recreation Commission — Tab E; and - Road Resolutions: , Meadows Edge Subdivision — Phase I and Lynnehaven Subdivision, Section III — Phase II — Tab J. 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 Christopher E. Collins Aye Charles S. DeHaven, Jr. Aye Minute Book Number 44 Board of Supervisors Regular Meeting of 01128/15 174 Gene E. Fisher Aye Robert A. Hess Aye Gary A. Lofton Aye Robert W. Wells Aye CITIZEN COMMENTS There were no citizen comments. BOARD OF SUPERVISORS COMMENTS There were no Board of Supervisors' comments. MINUTES - .APPROVED Upon a motion by Vice - Chairman DeHaven, seconded by Supervisor Hess, the Board approved the minutes from the January 12, 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 Upon a motion by Supervisor Hess, seconded by Supervisor Lofton, the Board approved the minutes from the January 13, 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 EMPLOYEE OF THE MONTH AWARD LORRAINE MOSSBURG — (RESOLUTION #045 -I5) — APPROVED Upon a motion by Supervisor Hess, seconded by Supervisor Fisher, the Board approved Lorraine Mossburg as Employee of the Month for January 2015. WHEREAS, the Frederick County Board of Supervisors recognizes that the County's employees are a most important resource; and WHEREAS, on September 9, 1992, the Board of Supervisors approved a resolution which established the Employee of the Month award and candidates for the award may be nominated by any County employee; and WHEREAS, the Board of Supervisors selects one employee from those nominated, based on their merits of outstanding performance and productivity, positive job attitude and other noteworthy contributions to their department and to the County; and WHEREAS, Lorraine Mossburg, an Administrative Assistant for the Commissioner of the Revenue was nominated for Employee of the Month; and Minute Boost Number 40 Board of supervisors Regular Meeting of 0112$115 175 WHEREAS, Lorraine is being awarded for acquainting herself with all COR division processes which has enabled her to know information she provides to the public first -hand. Lorraine takes on much responsibility, by concentrating on assisting taxpayers with specific questions and processing the information in a concise, uniform manner to accommodate the taxpayer in a timely manner. She works tirelessly to inspire offices to participate in programs that raise money for community efforts. Her creativity is enjoyed by all. Lorraine is approachable and enthusiastic about her role in the COR office which makes for a learning and productive atmosphere. She is thorough and an excellent resource for co- workers to discuss new ideas. She continues to search for creative ways to keep information fresh and informative; NOW, THEREFORE, BE IT RESOLVED, by the Frederick County Board of Supervisors this 28 ffi day of January, 2015 that Lorraine Mossburg is hereby recognized as the Frederick County Employee of the Month for January 2015; and BE IT FURTHER RESOLVED that the Board of Supervisors extends gratitude to Lorraine Mossburg for her outstanding performance and dedicated service and wishes continued success in her future endeavors; and BE IT FURTHER RESOLVED, that Lorraine Mossburg is hereby entitled to all of the rights and privileges associated with her award. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Christopher E. Collins Aye Charles S. DeHaven, Jr. Aye Gene E. Fisher Aye Robert A. Hess Aye Gary A. Lofton Aye Robert W. Wells Aye COMMITTEE APPOINTMENTS There were no committee appointments. REQUEST FROM COMMISSIONER OF THE REVENUE FOR REFUND — APPROVED Administrator Riley advised the Commissioner of the Revenue requested the Board to authorize the Treasurer to credit the following entities: 1. Quantum Fireworks, LLC the amount of $2,564.78 for business license taxes in 2014. The refund is a result of the taxpayer closing the business. Upon a motion by Supervisor Hess, seconded by Supervisor Lofton, the Board approved the 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 Minute Book Number 40 Board of Supervisors Regular Meeting of 01/28/15 176 2, Ryder Truck Rental LT the amount of $3,419.73 for proration of personal property taxes in 2013 and 2014. This refund was a result of prorated personal property taxes and one license fee in the normal course of business. Upon a motion by Supervisor Lofton, seconded by Supervisor Fisher, the Board approved the 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 COMMITTEE REPORTS PARKS AND RECREATION COMMISSION REPORT -- APPROVED UNDER CONSENT AGENDA The Parks and Recreation Commission met on January 13, 2015. Members present were: Randy Carter, Marty Cybulski, Ronald Madagan, and Charles Sandy, Jr. Members absent were: Kevin Anderson, Patrick Anderson, Greg Brondos, Jr., ' Gary Longerbeam, and Christopher Collins. Items Requiring Board of Supervisors Action None Submitted for Board Information Only 1. Election of Chairperson — The Parks and Recreation Commission will need to re- elect officers at its February 10, 2015 meeting due to the majority of members present not electing a candidate. 2. Election of Vice Chairperson — The Parks and Recreation Commission will need to re -elect officers at its February 10, 2015 meeting due to the majority of members present not electing a candidate. 3. Finance Committee — Concession Stand at Ballfields — Mr. Madagan moved to offer the concession stands at the Clearbrook Park Athletics Complex and the Sherando Park Athletic Complex South to the Little League Associations at $3,500 and require them to open for the little league season and scheduled tournaments, all other concession stands will be sent out for competitive quotations, second by Mr. Cybulski, motion carried unanimously (4 -0). FINANCE COMMITTEE REPORT - APPROVED The Finance Committee met in the First Floor Conference Room at 107 North Kent Street on Wednesday, January 21, 2015 at 8:00 a.m. There was a budget work session immediately following. Member Gary Lofton was absent. Items 3a -e were approved under consent agenda. Upon a motion by Vice- Chairman DeHaven, seconded by Supervisor Wells, the Board approved the consent agenda by the following recorded vote: Richard C. Shickle Aye Minute Book /dumber 40 Board of Supervisors Regular Meeting of 01/28/15 177 Christopher E. Collins Aye Charles S. DeHaven, Jr. Aye Gene E. Fisher Aye Robert A. Hess Aye Gary A. Lofton Aye Robert W. Wells Aye 1. The Parks and Recreation Director requests a General Fund supplemental appropriation in the amount of $18,770 to fill a full time Recreation Technician position. Request has been approved by the Parks and Recreation Commission and the Human Resources Committee. Local funds are required. See attached memo, p. 4 -5. The committee recommends approval. - APPROVED Upon a motion by Vice - Chairman DeHaven, seconded by Supervisor Collins, the Board approved the above item by the following recorded vote: Richard C. Shickle Aye Christopher E. Collins Aye Charles S. DeHaven, Jr. Aye Gene E. Fisher Aye Robert A. Hess Aye Gary A. Lofton Aye Robert W. Wells Aye 2. The Fire and Rescue Chief requests a General Fund supplemental gppropriation 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 -8. The committee recommends approval. -APPROVED Upon a motion by Vice- Chairman DeHaven, seconded by Supervisor Wells, the Board approved the above item 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 I The Sheriff requests the following General Fund supplemental appropriations: -- APPROVED UNDER CONSENT AGENDA. a. $269.89 represents reimbursement for a training course attended by staff, see p. 9. b. $23,630 represents an insurance reimbursement, see p. 10. c. $154.68 represents the sale of unclaimed livestock, see p, 11. d. $134.63 represents prisoner extradition reimbursements, see p. 12. e. $3,371.98 represents a DARE donation, see p. 13. 4. The Sheriff requests a General Fund supplemental appropriation in the amount of $9,000 This amount represents overtime funding approved by the U.S. Department of Justice — Organized Crime Drug Enforcement Task Forces. No local funds required. See attached information, p. 14 -24. The committee recommends approval. - APPROVED Upon a motion by Vice - Chairman DeHaven, seconded by Supervisor Hess, the Board approved the above item by the following recorded vote: Richard C, Shickle Aye Christopher E. Collins Aye Minute Book Number 40 Board of Supervisors Regular Meeting of 01/28/15 NNWF EURM Charles S. DeHaven, Jr. Aye Gene E. Fisher Aye Robert A. Hess Aye Gary A. Lofton Aye Robert W. Wells Aye 5. The County Attorney provides information for review of property tax exemptions previously granted by the County. This item is continued from the November 2014 Finance Committee meeting. See attached information, p. 25 -50. The committee delays action awaiting further information from the County Attorney and the Commissioner of the Revenue. 6. The Finance Director requests a General Fund supplemental appropriation in the amount of ,$20,487.99 This amount represents unspent FY14 VJCCCA funds to be returned to the state. See attached letter, p. 51. The committee recommends approval. - APPROVED Upon a motion by Vice- Chairman DeHaven, seconded by Supervisor Hess, the Board approved the above item 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 7. The County Administrator requests a refinance of the bonds for the Public Safety Building/Animal Shelter through the Virginia Resources Authority (VRA) Pooled Financing Program. The deadline for the VRA applications is February 6, 2015. See attached for cost savings, p. 52. The committee recommends approval. - APPROVED Upon a motion by Vice - Chairman DeHaven, seconded by Supervisor Fisher, the Board approved the above item 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 8. The County Administrator requests approval of a reimbursement resolution declaring the county's intention to reimburse itself from the proceeds of one or more financings for certain costs of joint capital improvements for courts and related services. See attached resolution, p. 53. The committee rccommends approval. - APPROVED RESOLUTION ( #046 -15) OF THE BOARD OF SUPERVISORS OF THE COUNTY OF FREDERICK, VIRGINIA DECLARING ITS INTENTION TO REIMBURSE ITSELF FROM THE PROCEEDS OF ONE OR MORE FINANCINGS FOR CERTAIN COSTS OF JOINT CAPITAL IMPROVEMENTS FOR COURTS AND RELATED SERVICES The County of Frederick, Virginia (the "County ") has determined that it may be necessary or desirable to advance money to pay the costs of certain joint capital improvements for courts and related services, specifically for renovations to the Winchester- Frederick County Joint Judicial Center (the "Project "). Minute Book Number 40 Board of Supervisors Regular Meeting of 01128/15 179 NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF THE COUNTY OF FREDERICK, VIRGINIA: 1. The Board of Supervisors adopts this declaration of official intent under Treasury Regulations Section 1.150 -2. 2. The Board of Supervisors reasonably expects to reimburse advances made or to be made by the County to pay the costs of the Project from the proceeds of one or more financings. The maximum amount of financing expected to be issued for the Project is $4,065,500 with costs to be shared on a 50 -50 basis or $2,032,750 per locality. 3. This resolution shall take effect immediately upon its adoption. Upon a motion by Vice - Chairman DeHaven, seconded by Supervisor Lofton, the Board approved the above item 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 ** *Information Only * ** L The Finance Director provides a Fund 10 Transfer Report for December 2014. See attached, p. 82. 2. The Finance Director provides financial statements for the month ending December 31, 2014. See attached, p. 83 -93. 3. The Finance Director provides an FY 2015 Fund Balance Report ending January 14, 2015. See attached, p. 94. 4. The Government Finance Officers Association (GFOA) has awarded the County the Distinguished Budget Presentation Award for the FY 2015 Budget document. This is the 29 consecutive year that Frederick County has received this achievement. See attached, p. 95 -96. PLANNING COMMISSION BUSINESS DISCUSSION -- COMPREHENSIVE POLICY PLAN AMENDMENT CPPA #01 -14 BLAINE PROPERTIES SEWER AND WATER SERVICE AREA SWSA INCLUSION. — SENT FORWARD FOR PUBLIC HEARING. Planning Director Eric Lawrence appeared before the Board regarding this item. He advised staff was seeking direction from the Board regarding whether or not this proposed Comprehensive Policy Plan amendment was ready for public hearing. He noted the property was located in the Stonewall Magisterial District. It consists of two parcels totaling approximately 100 acres. The land is currently designated for commercial /industrial land use. The proposed change to the sewer and water service area boundary would encompass approximately 140 acres. The Comprehensive Plans and Programs Committee endorsed this proposal with the addition of the 140 acres. The Planning Commission endorsed sending this proposed amendment through the public hearing process. Minute Book Number 40 Board of Supervisors Regular Meeting of 01/28/15 Supervisor Lofton asked if the land was currently zoned RA and would expanding the sewer and water service area open that land for other uses. Director Lawrence responded no. Chairman Shickle stated he would like to receive an annual update from the Frederick County Sanitation Authority to see if the number of undeveloped properties in the sewer and water service area has changed. Upon a motion by Vice - Chairman DeHaven, seconded by Supervisor Hess, the Board forwarded CPPA 401 -14 to public hearing. 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 — CAPITAL IMPROVEMENTS PLAN (CIP). — SENT FORWARD FOR PUBLIC HEARING. Planning Director Eric Lawrence appeared before the Board regarding this item. He advised this was the draft Capital Improvements Plan, which prioritized the County's capital projects. This year there were 88 projects on the plan. He noted the proposed plan reinforces the connection between the Capital Improvements Plan, Comprehensive Plan, and rezoning applications. The Comprehensive Plans and Programs Committee endorsed the proposed plan and found it in conformance with the Comprehensive Plan. The Planning Commission reviewed this item at their January 7, 2015 meeting. Supervisor Hess asked if there was a way to identify or track the changes from year to year. Upon a motion by Supervisor Collins, seconded by Supervisor Lofton, the Board forwarded the Capital Improvements Plan to public hearing. 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 Minute Book Number 40 Board of Supervisors Regular Meeting of 01128115 • RESOLUTION ( #047 -15) — REVENUE SHARING APPLICATION MODIFICATION. - APPROVED Deputy Planning Director /Transportation John Bishop appeared before the Board regarding this item. He advised this item was previously acted on by the Board at their December 2014 meeting. He noted that VDOT had requested - the Board re -enact this resolution due to changes and disallowances by VDOT. He noted that Haggerty Blvd, and a portion of Coverstone Drive was removed from the application. Valley Mill Road remains unchanged. He noted the County was now applying for $4.6 million and would use private dollars to leverage the match. Upon a motion by Vice - Chairman DeHaven, seconded by Supervisor Hess, the Board endorsed the amended application. WHEREAS, the County of Frederick desires to submit a modification to the application for an allocation of funds of up to $4,600,000.00 through the Virginia Department of Transportation Fiscal Year 2015 -2016, Revenue Sharing Program; and WHEREAS, $4,600,000.00 of these funds are requested to fund to extend 2 lanes of Coverstone Drive east and north approximately .70 miles, Route 50 intersection improvements, and realign Valley Mill Road to a new intersection with Route 7 and improve Route 7 at intersection as needed; and NOW, THEREFORE, BE IT RESOLVED THAT, the Frederick County Board of Supervisors hereby supports this modify application for an allocation of up to $4,600,000.00 through the Virginia Department of Transportation "Revenue Sharing Program ". ADOPTED this 28 day of January, 2015. 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 ROAD RESOLUTIONS — APPROVED UNDER CONSENT AGENDA a. MEADOWS EDGE SUBDIVISION — PHASE I _ RESOLUTION 4048 -15 APPROVED UNDER CONSENT AGENDA . WHEREAS, the streets described on the attached Form AM -4.3, fully incorporated herein by reference, are shown on 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 01/28/15 182 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. b. LYNNEHAVEN SUBDIVISION, SECTION III — PHASE II — (RESOLUTION #049 -15) - APPROVED UNDER CONSENT AGENDA WHEREAS, the streets described on the attached Form AM -43, fully incorporated herein by reference, are shown on 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 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 REPOR There were no Board liaison reports. CITIZEN COMMENTS There were no citizen comments. BOARD OF SUPERVISORS COMMENTS The Board unanimously approved the following honoring County Administrator John R. Riley, Jr., who was retiring as of February 1, 2015 after 32 years of service to Frederick County. RESOLUTION ( #050 -15) OF APPRECIATION JOHN R. RILEY, JR. COUNTY ADMINISTRATOR Minute Book Number 40 Board of Supervisors Regular Meeting of 01/28/15 183 WHEREAS, John R. Riley, Jr. served the citizens of Frederick County in an exemplary manner for 32 years as County Administrator from January 1983 through February 1, 2415; and WHEREAS, John R. Riley, Jr. has the distinction of being the third longest tenured county administrator in the Commonwealth of Virginia; and WHEREAS, John R. Riley, Jr. has served in many other capacities within the community and his profession, to include: Former President of the James Wood Athletic Association, 4 -H Center. Board of Directors, Board of Directors, Special Love- Programs for Children with Cancer; Chairman of the Virginia Association of Counties Risk Pool, and Virginia Local Government Managers Association; and WHEREAS, during his tenure as County Administrator, John R. Riley, Jr, oversaw numerous regional projects to include construction of the first direct supervision regional adult detention center in the Commonwealth of Virginia, creation of a state of the art landfill facility, relocation and construction of a joint city /county wastewater treatment plant, and Winchester Regional Airport; and WHEREAS, John R. Riley, Jr. helped forge a strong relationship with the Frederick County School Board, which has been critical to address education needs during challenging economic times; and WHEREAS, John R. Riley, Jr. was a tireless worker for all of the citizens of Frederick County; and WHEREAS, this Board will always consider John R. Riley, Jr. a colleague and friend. NOW, THEREFORE BE IT RESOLVED, that the Frederick County Board of Supervisors extends its sincerest thanks to John R, Riley, Jr. and wishes him all of the best in his future endeavors. 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 public servant. ADOPTED this 28 "' day of January, 2015. 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 J R. , Jr. Chairman, Board of Supervisors Cferk, Board of Supervisors Minutes Prepared By: C ` h' J ' Jay 9. Tikbs Deputy Clerk, Board of Supervisors Minute Book Number 40 Board of Supervisors Regular Meeting of 01/28/15