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February 25 2015 Regular Meeting Minutes207 A Regular Meeting of the Frederick County Board of Supervisors was held on Wednesday, February 25, 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 Bobby Alger, Crossroads Community Church, delivered the invocation. PLEDGE OF ALLEGIANCE Vice - Chairman DeHaven led the Pledge of Allegiance. ADOPTION OF AGENDA — APPROVED AS AMENDED Interim County Administrator Roderick B. Williams advised that he had one addition to the agenda. He added a resolution of appreciation for Brenda Lloyd Vance, Clerk of the Winchester - Frederick County General District Court, in honor of her retirement. Upon a motion by Vice - Chairman DeHaven, seconded by Supervisor Lofton, the Board approved the agenda as amended. 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: - Proclamation Re: April 1 -7, 2015 as Local Government Education Week — Tab C; - Approval to sign engagement letter for FY 2015 annual audit for Frederick County, Virginia, Regional Tail, and Economic Development Authority — Tab D; - Resolution of Appreciation for Brenda Lloyd Vance, Clerk of the Winchester - Frederick County General District Court; Minute Book Number 40 Board of Supervisors Regular Meeting of 02/25/15 `' • - Public Safety Committee Report — Tab G; - Joint Finance Committee Report — Tab H; - Human Resources Committee Report — Tab 1; and - Road Resolution - Rutherford Crossing — Milton Ray Drive Extension — Tab O. Upon a motion by Supervisor Wells, 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 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. ITS ►Ii��T7..�:'_1 - ' ' 'Ti�ij �1� Upon a motion by Vice - Chairman DeHaven, seconded by Supervisor Collins, the Board approved the minutes from the January 28, 2015 Regular 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 Fisher, the Board approved the minutes from the February 4, 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 February 11, 2015 special meeting by the following recorded vote: Richard C. Shickle Aye Minute Book Number 40 Board of supervisors Regular Meeting of 02/25/15 209 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 February 11, 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 COUNTY OFFICIALS EMPLOYEE OF THE MONTH AWARD — (RESOLUTION 4056 -15) - ALISA SCOTT - APPROVED Upon a motion by Supervisor Hess, seconded by Supervisor Lofton, the Board approved Alisa Scott as Employee of the Month for February 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, Alisa Scott who serves the Frederick County Information Technology Department was nominated for Employee of the Month; and WHEREAS, Alisa Scott has worked with the County's best interests in mind to develop necessary relationships which allow the purchasing process to operate as efficiently as possible. Alisa has worked long hours and put in much hard work for IT operations as they continue to increase in efficiency as a direct result of all her involvement. IT projects continue to be completed on schedule and within budget constraints. Alisa achieved the highly sought, Project Management Professional (PMP) certification from the Project Management Institute. Alisa therefore is being awarded for her hard work and dedication; NOW, THEREFORE, BE IT RESOLVED, by the Frederick County Board of Supervisors this 25 day of February, 2015 that Alisa Scott is hereby recognized as the Frederick County Employee of the Month for February 2015; and BE IT FURTHER RESOLVED that the Board of Supervisors extends gratitude to Alisa Scott for her outstanding performance and dedicated service and wishes continued success in her future endeavors; and BE IT FURTHER RESOLVED, that Alisa Scott is hereby entitled to all of the rights and privileges associated with her award. Minute Book Number 40 Board of Supervisors Regular Meeting of 02/25/15 210 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 PROCLAMATION ( #001 -15) RE: APRIL 1-7,2015 AS LOCAL GOVERNMENT EDUCATION WEEK — APPROVED UNDER CONSENT AGENDA WHEREAS, since the colonial period, the Commonwealth of Virginia has closely held the institutions of local government; and WHEREAS, local governments throughout the Commonwealth provide valuable services to the citizens of the communities they serve; and WHEREAS, citizen services such as, law enforcement, public health and safety, recreational opportunities, and educating local children, are most often delivered at the local level; and WHEREAS, in recognition of the work performed by local governments, the Virginia General Assembly, on February 29, 2012, designated the first week in April as Local Government Education Week in Virginia; and NOW, THEREFORE, BE IT PROCLAIMED, by Board of Supervisors of the County of Frederick, Virginia, that April 1 -7, 2015 is hereby designated as Local Government Education Week; and BE IT FURTHER PROCLAIMED, that the Board of Supervisors of the County of Frederick, Virginia and the Frederick County School Board will partner to promote civic education and engagement in an effort to educate citizens about their local government, strengthen the sense of community, and engage the next generation of local government managers. ADOPTED this 25th day of February, 2015, COMMITTEE APPOINTMENTS KENDRA SOURS APPOINTED TO LOCAL EMERGENCY PLANNING COMMITTEE (LEPQ - APPROVED Upon a motion by Supervisor Lofton, seconded by Supervisor Hess, the Board appointed Kendra Sours to the Local Emergency Planning Committee. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Christopher E, Collins Aye Charles S. DeHaven, Jr. Aye Gene E. Fisher Aye Robert A. Hess Aye Gary A. Lofton Aye Robert W. Wells Aye JEREMY MCDONALD NOMINATED TO FILL THE UNEXPIRED TERM OF NAMES W. GIVENS AS BACK CREEK DISTRICT REPRESENTATIVE TO THE BOARD OF ZONING APPEALS - APPROVED Minute Book Number 40 Board of Supervisors Regular Meeting of 02/25/15 Upon a motion by Supervisor Lofton, seconded by Supervisor Wells, the Board nominated Jeremy McDonald to fill the unexpired term of James W. Givens as Back Creek District representative to the Board of Zoning Appeals. Term expires December 31, 2016. 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 REAPPOINTMENT OF BRYAN I GREEN TO THE CONSERVATION EASEMENT AUTHORITY - APPROVED Upon a motion by Supervisor Fisher, seconded by Vice- Chairman DeHaven, the Board approved the reappointment of Bryan J. Green to the Conservation Easement Authority. This is a three year appointment. Term expires March 14, 2018. 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 APPROVAL TO SIGN ENGAGEMENT LETTER FOR FY 2015 ANNUAL AUDIT FOR FREDERICK COUNTY, VIRGINIA, REGIONAL JAIL AND ECONOMIC DEVELOPMENT AUTHORITY - APPROVED UNDER CONSENT AGENDA REIMBURSEMENT RESOLUTION 0057• -15 - RE: FREDERICK COUNTY MIDDLE SCHOOL REPLACEMENT - APPROVED Upon a motion by Vice - Chairman DeHaven, seconded by Supervisor Fisher, the Board approved the resolution 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 capital improvements for public school purposes. The County of Frederick, Virginia (the "County ") has determined that it may be necessary or desirable (i) to undertake certain capital improvements, including improvements for public school purposes such as the Frederick County Middle School (the "Project "), (ii) to advance money to pay the costs of the Project from various available funds of the County prior to the issuance or incurrence of bonds or other obligations or debt (collectively, the "Bonds ") to finance the Project and (iii) to reimburse itself for such original expenditures (the "Expenditures ") from the proceeds of the Bonds. The County's bond counsel has advised that Treasury Regulations Section 1.150 -2 requires the County to adopt a resolution in the form set forth below to preserve the County's Minute Book Number 40 Board of Supervisors Regular Meeting of 02/25/15 212 ability to use portions of the proceeds of the County's upcoming issues of Bonds to reimburse itself for the Expenditures. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF THE COUNTY OF FREDERICK, VIRGINIA: 1. The Board of Supervisors adopts this resolution as a declaration of official intent under Treasury Regulations Section 1.150 -2. 2. The Board of Supervisors reasonably expects to issue one or more series of Bonds to finance the Project and to reimburse from the proceeds of the Bonds the advances made or to be made before the issuance of the Bonds that pay the costs of the Project 3. The maximum principal amount of Bonds expected to be issued for the Project is $49,500,000. 4. On the date each Expenditure is paid, it will be a capital expenditure (or would be with a proper election) under general federal income tax principles or will otherwise comply with the requirements of Treasury Regulations Section 1,150- 2(d)(3). 5. The adoption of this resolution is consistent with the budgetary and financial circumstances of the County and shall take effect immediately upon its adoption. 6. Notwithstanding the foregoing this resolution does not authorize the actual issuance of any Bonds, such issuance being subject to subsequent approval by the Board of Supervisors. The foregoing resolution was adopted by the Board of Supervisors at its meeting on February 25, 2015, by the following roll call 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 #058 -15 OF APPRECIATION BRENDA LLOYD VANCE CLERK OF THE WINCHESTER - FREDERICK COUNTY GENERAL DISTRICT COURT — APPROVED UNDER CONSENT AGENDA WHEREAS, Brenda Lloyd Vance served the citizens of Winchester and Frederick County, Virginia, for 43 years, 14 as deputy clerk and 29 as Clerk of the Court for the Winchester- Frederick County General District Court; and WHEREAS; over the years Brenda Lloyd Vance has advanced her courts in numerous areas over the years to include automation of the clerk's office; and WHEREAS, during her tenure she has served on numerous committees to include two terms as a clerk representative to the Commonwealth of Virginia's Committee on District Courts, Supreme Court of Virginia Forms Committee, Joint Chairperson of the Joint Judicial Center Users' Committee, and the District Court Clerks' Association for the Commonwealth of Virginia; and WHEREAS, she was very involved locally as a longtime member of the Frederick County Public Safety Committee and City of Winchester Courts and Law Enforcement Committee; and WHEREAS, Brenda Lloyd Vance was a tireless worker for all of the residents of Winchester and Frederick County. Minute Book Number 40 Board of Supervisors Regular Meeting of 02/25115 213 NOW, THEREFORE BE IT RESOLVED, that the Frederick County Board of Supervisors extends its sincerest thanks to Brenda Lloyd Vance and wishes her all of the best in her 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 25 day of February, 2015. COMMITTEE REPORTS PUBLIC SAFETY COMMITTEE REPORT — APPROVED UNDER CONSENT AGENDA A meeting of the Public Safety Committee was held on Wednesday January 28, 2015 at 9:00 a.m. at the Frederick County Public Safety Building, 1080 Coverstone Drive, Winchester, VA. Committee members present were: Committee Chairman Gary Lofton, Ron Wilkins, Chuck Torpy, and Gene Fisher. Member Chris Collins was absent. Also in attendance were County Administrator John R. Riley, Fire & Rescue Association President Dan Cunningham, County Attorney Rod Williams, Fire & Rescue Chief Denny Linaburg, Major Lou VanMeter, Communications Director LeeAnna Pyles, Human Resources Director Paula Nofsinger, Sheriff Robert Williamson, Assistant County Administrator Iris Tierney, Gainesboro Supervisor Robert Hess, and Deputy Fire Chief Jay Bauserman. The following items were discussed: ** *Information Only * ** 1. Discussion of Discontinuing Private Alarm Monitoring by Communications Department: Public Safety Communications Director LceAnna Pyles addressed the Committee regarding the department's intent to discontinue providing private alarm monitoring services for businesses and schools. She noted the department has monitored 53 County owned buildings and schools for a number of years; however, the existing equipment and software is now obsolete and out of date. Replacement of these items would cost in excess of $30,000. Director Pyles reported that she had contacted a number of surrounding jurisdictions regarding their monitoring practices and found that most have stopped providing this service or only monitor 1 or 2 buildings. She noted the schools are installing panic alarms in all the classrooms, which will dramatically increase. Director Pyles advised that staff would recommend this monitoring service be outsourced to an outside company with the affected entities paying a third party vendor. It was noted that a vendor could provide more detailed alarm monitoring to include the nature or type of alarm and zone or location (i.e. broken window on eastside of building as opposed to our current general burglary alarm) of the incident. The alarm company would then contact Dispatch, if necessary, to send appropriate personnel. There would be no additional cost to the county. Mr. Fisher stated that this was reasonable request of the Communications Department. Chairman Lofton requested that Director Pyles check with the Finance Department on procurement policies, contact the affected departments to see if a budget increase would needed and bring her findings back to the next Public Safety Committee meeting. The Committee concurred. 2. Fire & Rescue Service Plan: Chief Linaburg distributed a draft of the Fire & Rescue Department's Service Plan for information only. This is an all- encompassing comprehensive document which outlines all levels of service, apparatus, staffing, volunteer system, etc. showing how it all works as a cohesive department. Chief Linaburg asked the committee to review the document and provide any feedback and comments. Minute Boost Number 40 Board of supervisors Regular Meeting of 02/25115 214 Chairman Lofton requested that the Committee review the draft document and bring any comments and questions to the next meeting. 3. Proposed FY 16 Budzets for Public Safety Departments: The Sheriff, Communications Director, and Fire Chief presented their proposed FY16 budgets. Each department highlighted needs for increased funding of key line items and staffing requests. Sheriff Williamson noted his he was seeking 17 additional cars (including 10 patrol, 2 4x4s, 4 unmarked, 1 ACO vehicle) as the existing fleet needs to be replaced due to high mileage and maintenance cost. He was also seeking 17 additional sworn deputies including 6 patrol deputies, 7 civil deputies (to staff the- different courts per the new State ordinance), 2 SRO's (fulltime at the 2 schools currently not manned fulltime), 1 ACO and 1 fingerprint examiner. Communications Director Pyles noted she was seeking $6,000 (fixed asset) to replace the current a/c unit at the North Mountain tower site, which is over 20 years old with no vendors able to replace parts that are out dated. She noted in the next few years, the department will need to upgrade the current radio system at a cost estimate of approximately $1.5 million. She concluded by saying she and Chief Linaburg would be requesting funding for a full -time radio technician position to manage the care and maintenance of the radio system. Chief Linaburg noted he was seeking a number of new positions to help alleviate overtime expenses and to have adequate staffing for the fire stations. He cited the need to replace current aging fleet and equipment. Among the department's other budget requests were a scanner to be used with the Laserfiche system the County has in place. This would allow the department to scan all of the building specs and information into a tablet which during an incident or inspection they would be able to pull up the specific plans and see building layouts and such. Fire & Rescue's FYI budget proposal is reflective of increases and items needed for the department to function safely and to continue to provide excellent service to the citizens with emphasis on the need for additional staffing. Next Meeting; Date to be set for February Adjourn; The meeting was adjourned at 11:45 a.m. JOINT FINANCE COMMITTEE REPORT — APPROVED UNDER CONSENT AGENDA The Joint Finance Committee met on Thursday, January 29, 2014 at 2 :00 P.M., in the First Floor Conference Room, County Administration Building, 107 North Kent Street, Winchester, Virginia. Present were Chairman Richard Shickle and Charles S. DeHaven, Jr., Frederick County representatives; and John Willingham, and Milt Mclnturff, City of Winchester representatives. Others present: John R. Riley, Jr„ County Administrator; Jay E. Tibbs, Deputy County Administrator; Kris C. Tierney, Assistant County Administrator; Eden Freeman, City Manager; Roderick B. Williams, County Attorney; Anthony Williams, City Attorney; Mary Blowe, Finance Director City of Winchester; Cheryl Shiffler, Finance Director, Frederick County; Perry Eisenach, Public Services Director, City of Winchester, Corey MacKnight, Facilities Director, City of Winchester; Tom Hoy, Assistant Public Services Director; Judge Elizabeth Kellas; Kevin Sanzenbacher, Police Chief, City of Winchester; Alex lden, Winchester Commonwealth's Attorney; Frederick Commonwealth's Attorney Ross P. Spicer; Major Clyde VanMeter, Frederick County Sheriff's Office; James Whitley, Superintendent of the Northwestern Regional Adult Detention Center; Frederick County Treasurer C. William Orndoff, Jr.; Frederick County Finance Committee member Judith McCann - Slaughter; Attorney Tim Coyne; Chris Rucker, Valley Health System; and Raya Zimmerman, The Winchester Star. Mr. Shickle called the meeting to order. Minute Book Number 40 Board of Supervisors Regular Meeting of 02125115 215 ** *For Board Information Only * ** DISCUSSION OF JOINT JUDICIAL CENTER RENOVATIONS Winchester Public Services Director Perry Eisenach provided an update on the renovations to the Joint Judicial Center. He noted that Moseley Architects has completed approximately 35% of the design development. It was anticipated 100% design would be completed by the end of February. The proposed timeline is: - Advertise project for construction bids — May 2015; - Open bids — June 2015; and - Start construction — July 2015. Construction would be completed in phases with the majority of the work being done at night and on weekends. The project will take about one year to complete. The cost estimate remains at $4,000,000.00. DISCUSSION OF PROPOSED DRUG COURT Mr. Tim Coyne appeared before the committee to discuss the possible creation of a drug treatment court. He noted that he did not have a formal job description, but he would like the city and county to come together and fund a position to assist with planning this proposed drug court. He stated that between 70 % -80% of all NRADC inmates suffer from some form of addiction. He advised there were currently 37 drug courts in Virginia. He stated that he fully supported the funding and creation of this position. Winchester Police Chief Kevin Sanzenbacher believed the position could be employed for $60,000 per year with a second position coming on board in January 2016. He stated if Valley Health would absorb the positions then the costs to the localities would be somewhere between $60,000 and $70,000. Mr. Coyne stated the first position would help plan the court. Chairman Shickle asked who would serve as fiscal agent for these positions. Judge Kellas stated the position would be under Valley Health, Administrator Riley asked if this position would be through Valley Health and, once the costs were known, would the localities pay Valley Health? Mr. Coyne responded it could work that way. Chris Rucker, Valley Health, stated there would be a committee to supervise the position, but Valley Health would be responsible for personnel oversight, etc. Mr. Coyne stated the committee would redefine the position and refine the cost structure, etc. and then come back to the Joint Finance Committee for a recommendation. He believed they could have something for the committee within 30 days. JUVENILE PROBATION A. DISCUSSION OF RENT City Manager Eden Freeman informed the committee that the city was negotiating rent for new office space to accommodate Juvenile Probation. It was estimated the costs would be around $115,000 per year for with the split being $57,500 per locality. It was anticipated the lease would be for a 10 year term and then be re- evaluated. She concluded by saying this was for information only today and there would be no current fiscal year impact. B. DISCUSSION OF NEW POSITION REQUEST Peter Roussos, 26 District Court Services Unit Director, and Rachelann Mitchell, Secretary for the 26 " District Court Service Unit, appeared before the committee regarding a request for a new part-time position. It was anticipated this position would work 25 hours per week with the cost being shared equally by the county and city. Minute Book Number 40 Board of supervisors Regular Meeting of 42/25/15 216 City Manager Freeman noted funding this position would mean the localities would be doing something different because this would become a city /county position/employee. Mr. Willingham advised city council had directed a hiring freeze within the city; therefore, he could not support the position right now. There being no further business, the meeting was adjourned at 1 :50 p.m. HUMAN RESOURCES COMMITTEE REPORT — APPROVED UNDER CONSENT AGENDA The HR Committee met in the First Floor Conference Room at 107 North Kent Street on Friday, February 13, 2015 at 8:00 a.m. All members were present with the exception of Dorrie Greene and Beth Lewin. ** *Items Requiring Action * ** 1. The Committee recommends approval of the Employee of the Month award for February. ** *Items Not Requiring Action * ** 1. Presentation by the Sheriff, Robert Williamson. At the request of the Committee, Sheriff 'Williamson presented an overview of the objectives and responsibilities of the Sheriff's Office. The presentation also provided the Committee an understanding of his department's role, authority, projects, and topics of importance within his department presentation attached. 2. The HR Director presented an update to the Committee on the Certification Bonus Policy. 3. The HR Director presented an overview of the HR Department FY2015 -2016 Budget Request. 4. The HR Director was asked by the Committee Chairman, Robert Hess to provide an update on the status of the compensation study project. The Chairman requested the HR Director provide the compensation study report to the committee members and further discuss the project at the next committee meeting. There being no further business, the meeting was adjourned. The next HR Committee meeting is scheduled for Friday, March 13, 2015, PARKS AND RECREATION COMMISSION REPORT - APPROVED The Parks and Recreation Commission met on February 10, 2015. Members present were: Kevin Anderson, Patrick Anderson, Randy Carter, Gary Longerbeam, Ronald Madagan, and Charles Sandy, Jr. Members absent were: Marty Cybulski, Greg Brondos, Jr., and Christopher Collins. Items Reguirin Board of Supervisors Action 1. Proposed Bylaw Revision — Mr. Madagan moved to change Article 5, Section 5 of the bylaws to read: "The majority of the members present in person at any duly constituted meeting shall have the full authority of the Commission, except the amendment of these bylaws, and provided that over fifty percent (50%) of the members may constitute a quorum ", second by Mr. Patrick Anderson, motion carried unanimously (5 -0). Upon a motion by Supervisor Collins, seconded by Supervisor Hess, the Board approved the quorum by -law amendment by the following recorded vote: Minute Book Number 40 Board of Supervisors Regular Meeting of 02/25/15 217 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 Proposed Bylaw Revision — Mr. Madagari moved to change Article 3, Section 5 of the bylaws to read: "Commission members are required to attend seventy -five percent (75 %) of held commission meetings per year. Members not meeting this requirement will be notified by written correspondence from the Chairman regarding their lack to attendance ", second by Mr. Longerbeam, motion carried (4 -2). Kevin Anderson and Patrick Anderson opposed. Upon a motion by Supervisor Collins, seconded by Supervisor Wells, the Board approved the bylaw amendment 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 Submitted for Board Information Only 1. Election of Chairperson — Mr. Madagan moved to nominate Mr. Charles Sandy, Jr. as Chairperson, second by Mr. Patrick Anderson, motion carried unanimously (5 -0). 2. Election of Vice- Chairperson — Mr. Carter moved to nominate Mr. Ronald Madagan as Vice - Chairperson, second by Mr. Patrick Anderson, motion carried unanimously (5- 0). 3. Meeting Date, Time and Place — Tabled until next month's meeting. 4. Youth Sports Partner Memorandum of Understanding — Mr. Patrick Anderson moved to accept the attached Youth Sports Partner's Memorandum of Understanding as submitted, second by Mr. Longerbeam, motion carried (6 -0). 5. Finance Committee — Bulk Rental Discount Policy — Mr. Longerbeam moved to accept the Bulk Rental Discount as submitted, second by Mr. Madagan, motion carried unanimously (6 -0). 6. Building and Grounds — Closed Session: Mr. Madagan moved to convene into closed session pursuant to Virginia Code 2.2- 3711A(3) Discussion of the acquisition and/or disposal of real property for a public purpose, where discussion in an open meeting would adversely affect the bargaining position or negotiating strategy of the public body, second by Mr. Kevin Anderson, motion carried unanimously (6 -0). 7. Building and Grounds — Closed Session : Mr. Madagan moved to come out of closed session and reconvene in open session and certified that to the best of each member's knowledge they discussed only matters involving acquisition of real property for a public purpose, second by Mr. Carter, motion carried unanimously (6 -0). FINANCE COMMITTEE REPORT - APPROVED A budget work session was held in the First Floor Conference Room at 107 North Kent Street on Wednesday, February 18, 2015 at 8 :00 a,m. There was a Finance Committee meeting immediately following. All members were present. Directly after, an Audit Committee meeting was held. All members were present. Minute Book Number 40 Board of supervisors Regular Meeting of 02/25/15 218 BUDGET WORK SESSION See attached information, p. 4 -12. The committee and the Board of Supervisors chose scenario A using $7.3 million funding from General Fund Unassigned fund balance. Further discussions will be held at the budget work session scheduled for February 25, 2015 at 5:00 p.m. FINANCE COMMITTEE 1. The Department of Social Services requests a General Fund supplemental appropriation in the amount of $5,200 This amount represents an insurance claim for the loss of a vehicle. No local funds required. See attached information, p. 13 -14. The committee recommends approval. - Approved Upon a motion by Vice - Chairman DeHaven, seconded by Supervisor Lofton, the Board approved the above request by the following recorded vote: Richard C. Shickle Aye Christopher E. Collins Aye Charles S. DeHaven, Jr. Aye Gene E. Fisher Aye Robert A. Hess Aye Gary A. Lofton Aye Robert W. Wells Aye 2. The EDA Executive Director requests EDA and General Fund sLipplemental appropriation in the amount of $150,000 This amount represents an incentive to ON MINERALS (CHEMSTONE) COMPANY. Local funds are required. See attached memo, p. 15. The committee recommends approval. - Approved Upon a motion by Vice- Chairman DeHaven, seconded by Supervisor Lofton, the Board approved the above request by the following recorded vote: Richard C. Shickle Aye Christopher E. Collins Aye Charles S. DeHaven, Jr. Aye Gene E. Fisher Aye Robert A. Hess Aye Gary A. Lofton Aye Robert W. Wells Aye 3. The Fire and Rescue Chief requests a General Fund supplemental appropriation in the amount of $32,811 This amount represents a 50/50 match grant for the purchase of bariatric equipment. Half ($16,405.50) requires local funds. See attached information, p. 16 -19. The committee recommends approval. - Approved Upon a motion by Vice - Chairman DeHaven, seconded by Supervisor Wells, the Board approved the above request by the following recorded vote. Richard C. Shickle Aye Christopher E. Collins Aye Charles S. DeHaven, Jr. Aye Gene E. Fisher Aye Robert A. Hess Aye Gary A. Lofton Aye Robert W. Wells Aye 4. The Fire and Rescue Chief requests a General Fund supplemental appropriation in the amount of $6,105.64 This amount represents an insurance claim ' for damage to a vehicle. No Minute Book Number 40 Board of Supervisors Regular Meeting of 02/25/15 W 1 2 19 local funds required. See attached information, p. 20 -26. The committee recommends approval. - Approved Upon a motion by Vice- Chairman DeHaven, seconded by Supervisor Hess, the Board approved the above request by the following recorded vote: Richard C. Shickle Aye Christopher E. Collins Aye Charles S. DeHaven, Jr. Aye Gene E. Fisher Aye Robert A. Hess Aye Gary A. Lofton Aye Robert W. Wells Aye 5. The Fire and Rescue Chief requests a General Fund supplemental appropriation in the amount of $310,530 to cover overtime expenses through the end of fiscal year 2015. $300,000 of this request represents local funds and the remainder represents a grant for hazmat training. See attached information, p. 27 -29. The committee delays action awaiting further information on current year savings in salaries for vacant positions. 6. The NRADC Superintendent requests an NRADC Fund supplemental appropriation in the amount of $358,000 This amount represents overtime and inmate medical costs. This item has been approved by the Jail Authority. See attached memo, p. 30. The committee recommends approval. - Approved Upon a motion by Vice- Chairman DeHaven, seconded by Supervisor Lofton, the Board approved the above request by the following recorded vote: Richard C. Shickle Aye Christopher E. Collins Aye Charles S. DeHaven, Jr. Aye Gene E. Fisher Aye Robert A. Hess Aye Gary A. Lofton Aye Robert W. Wells Aye 7. The Finance Director discusses the FY20.14 Comprehensive Annual Financial Report (CAFR). See attached excerpts from the 2014 CAFR, p. 31 -49. No action is required. AUDIT COMMITTEE David Foley from Robinson, Farmer, Cox Associates will present the FY 2014 final audit and be available for discussion of the upcoming FY 2015 audit. The FY 2014 audit was presented and accepted by the committee. The committee recommends the Board of Supervisors grant the Finance Committee Chairman the authority to sign the engagement letter for the upcoming FY 2015 audit. This item has been placed on the February 25, 2015 Board of Supervisors meeting agenda. INFORMATION ONLY 1. The Finance Director provides a Fund 10 Transfer Report for January 2015. See attached, p. 50. 2. The Finance Director provides financial statements for the month ending January 31, 2015. See attached, p. 51 -61. 3. The Finance Director provides an FY 2015 Fund Balance Report ending February 12, 2015. See attached, p. 62. PUBLIC HEARING Minute Book Number 40 Board of Supervisors Regular Meeting of 02/25/15 220 PUBLIC HEARING - PROPOSED DECLARATION AS SURPLUS AND DISPOSAL OF THE REAL PROPERTY KNOWN AS THE ROBINSON SCHOOL LOCATED AT 2400 ROOSEVELT BOULEVARD AND 2479 PAPERMILL ROAD WINCHESTER, VIRGINIA AND IDENTIFIED BY CITY OF WINCHESTER PROPERTY IDENTIFICATION NUMBERS 291 -1 -21A AND 291 -1 -3A. THE HEARING IS PURSUANT TO VIRGINIA CODE SECTION 15.2- 1800 AND THE PURPOSE OF THE HEARING IS TO RECEIVE - PUBLIC COMMENT ON THE DECLARATION OF THE PROPERTY AS SURPLUS AND APPROVAL OF THE TRANSFER OF THE PROPERTY TO THE ECONOMIC DEVELOPMENT AUTHORITY OF THE COUNTY OF FREDERICK, VIRGINIA. - APPROVED Interim Administrator Williams advised the Frederick County School Board previously declared the property known as the Robinson School located at 2400 Roosevelt Boulevard and 2479 Papermill Road within the city limits of the City of Winchester as surplus. The School Board requested the Board of Supervisors authorize them to sell the property and allow the proceeds to be applied to existing construction debt. The Board of Supervisors, at is November 12, 2014 meeting, considered the School Board's request, but ultimately voted to transfer the property to the Board of Supervisors for disposition by the Frederick County Economic Development Authority (EDA). Before the Board can transfer the property to the EDA a public hearing on the disposition is required. At the conclusion of this hearing, staff would be seeking Board action to approve the transfer of the Robinson School to the EDA. Chairman Shickle convened the public hearing. There were no public comments. Chairman Shickle closed the public hearing. Upon a motion by Vice- Chairman DeHaven, seconded by Supervisor Lofton, the Board declared the Robinson School property surplus and approved transfer to the EDA for disposal. 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 PLANNING COMMISSION BUSINESS PUBLIC HEARING PUBLIC HEARING - 2015 -2016 CAPITAL IMPROVEMENT PLAN (CIP). THE CIP IS A PRIORITIZED LIST OF CAPITAL PROJECTS REQUESTED BY VARIOUS COUNTY DEPARTMENTS AND AGENCIES. THE PLAN IS CREATED AS COMPONENT OF THE 2030 COMPREHENSIVE PLAN. - RESOLUTION #059 -15) - APPROVED Minute Book Number 40 Board of Supervisors Regular Meeting of 02/25/15 221 Deputy Planning Director Michael Ruddy appeared before the Board regarding this item. He advised this was the proposed 2015 -2016 Capital Improvements Plan, which is a prioritized list of capital projects. There are 88 projects in the proposed plan. He concluded by saying staff was looking for the Board to endorse the 2015 -2016 Capital Improvements Plan following the public hearing. Chairman Shickle convened the public hearing. "Tag Grove, Winchester resident and head coach of the Winchester swim team, spoke in favor of the indoor aquatics center. He cited the health, physical, and social benefits of swimming. He cited potential revenue generation from this facility and concluded by saying this project represented a fantastic opportunity for the community. Conor Baibington, student at James Wood High School and a member of the Winchester swim team, spoke of the need for an aquatics facility. He cited practice scheduling conflicts encountered by the high school teams. Alex Morrow, Millbrook High School student and member of the Winchester swim team, spoke in favor of the indoor aquatics center. He cited practice conflicts and how the non- uniform practice times take time away from other activities. He noted a better facility was needed and that a facility in the county could help reduce travel costs. Grace Lee and Kimberly Garris, Stonewall District and Gainesboro District respectively, stated they were members of the Winchester swim team and spoke in favor of an indoor aquatics center. They spoke about the benefits of swimming. The cited a need for this facility due to crowded practice lanes and times. They concluded by saying a new aquatics facility would benefit all swimmers. Melanie Marrow, Red Bud District, spoke in favor of an indoor aquatics facility. She cited scheduling conflicts and having to pay the City of Winchester in order to swim. She stated she would prefer to keep her money in Frederick County. She noted a 600 swimmer event could bring approximately $300,000 into the county over the course of a weekend. Kathleen Lauer, member of the Sherando High School swim team, stated a new aquatics facility would be great and would provide another venue to teach swim lessons, year round, which would be good for children. She concluded by saying swimming was an activity that could be done at any age. Minute Book Number 40 Board of Supervisors Regular Meeting of 02/25/15 222 Will Sigler, Shawnee District, spoke about the benefits of an aquatics facility for the public and for the high school swim teams. He cited the limited practice times available to the current swimmers, which totaled about 5 hours per week. He noted this reduced practice time was about half of what any other high school sports teams get. He concluded by saying an aquatics facility could enable Frederick County to host a state swim meet. Kaitlyn Knott, swim coach for James Wood High School, spoke how aquatics could be integrated into school physical education programs. She went on to say an aquatics facility in the county would be a great benefit because trying to schedule practice times is currently bad. Greg Jones, Opequon District, spoke in favor of an aquatics facility. He noted his kids currently travel to Strasburg to swim. He cited Warrenton as an example of a community which has an aquatics facility. Tia Shultz advised that she drives her daughter to Warrenton every day at 4:00 a.m. She noted that she spends about $400 on food and hotels attending swim meets and traveling. She cited the benefits of swimming and noted she attended college on a swimming scholarship. She urged the Board to build the facility. There being no further comments, Chairman Shickle closed the public hearing. Upon a motion by Vice - Chairman DeHaven, seconded by Supervisor Hess, the Board adopted the 2015 -2016 Capital Improvements Plan. WHEREAS, the Frederick County Planning Commission held a public hearing on the proposed 2015 -2016 Capital Improvements Plan (CIP) for Frederick County on February 18, 2015; and, WHEREAS, the Frederick County Planning Commission recommended approval of this plan at their regular meeting on February 18, 2015 and determined that the projects contained in the Capital Improvements Plan (CIP) conform to the Frederick County Comprehensive Policy Plan; and, WHEREAS, the Frederick County Board of Supervisors held a public hearing on this plan during their regular meeting on February 25, 2015; and, WHEREAS, the Frederick County Board of Supervisors supports the priorities for capital expenditures contained in the Capital Improvement Plan (CIP) and has affinned the determination of the Planning Commission that the projects contained in the Capital Improvements Plan (CIP) conform to the Frederick County Comprehensive Policy Plan; NOW, THEREFORE, BE IT ORDAINED by the Frederick County Board of Supervisors as follows: The Frederick County Board of Supervisors hereby approves the 2015 -2016 Capital Improvements Plan (CIP) for Frederick County, Virginia as an element of the Comprehensive Policy Plan. Passed this 25' day of February, 2015 by the following recorded vote: Minute Book Number 40 Board of Supervisors Regular Meeting of 02/25/15 223 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 PUBLIC HEARING - CPPA #01 -14. BLAIN PROPERTIES SEWER AND WATER SERVICE AREA (SWSA) INCLUSION. A CHANGE TO THE SWSA BOUNDARY TO AFFECT THE FOLLOWING PARCELS, TOTALING APPROXIMATELY 140 ACRES, 33- A -78A, 33 -A -113, 33- A -114C, 33- A -123A, 33- A-123B, 33 -A -124, 33- A -77B, AND 33 -A -72. THESE PROPERTIES ARE CURRENTLY DESIGNATED IN THE 2030 COMPREHENSIVE PLAN FOR FUTURE COMMERCIAL AND INDUSTRIAL LAND USES. THE PROPERTIES ARE GENERALLY LOCATED SOUTH OF CEDAR HILL ROAD, (ROUTE 671), NORTH OF HOPEWELL ROAD (ROUTE 672), AND WEST OF INTERSTATE 81, AND ARE LOCATED IN THE STONEWALL MAGISTERIAL DISTRICT. - RESOLUTION #060 -15) - APPROVED Deputy Planning Director Michael Ruddy appeared before the Board regarding this item. He advised this was a proposed expansion of the sewer and water service area. The properties are located in the Stonewall Magisterial District and have been designated as commercial/industrial land uses. Deputy Director Ruddy noted this application also provided an opportunity to look at additional properties in that area. He noted the proposal tried to follow distinct property lines. The Comprehensive Plans and Programs Committee recommended approval and suggested additional language recognizing land uses, the north/south collector road, etc. He concluded by saying the Planning Commission recommended approval. Chairman Shickle convened the public hearing. There were no public comments, Chairman Shickle closed the public hearing. Supervisor Lofton asked for clarification that the property could not be rezoned to residential. Deputy Director responded that was correct. Upon a motion by Vice- Chairman DeHaven, seconded by Supervisor Wells, the Board approved CPPA #01 -14. WHEREAS, the 2030 Comprehensive Plan, The Plan, was adopted by the Board of Supervisors on July 14, 2011; and WHEREAS, this amendment would result in a change to the SWSA boundary to include 140 additional acres in the vicinity of the Blain properties 33 -A -113 and 33 -A -124, along with additional properties which include parcels 33 -A -78A, 33-A-1 14B, 33 -A -1140, 33 -A -77B, 33- A-123A, and 33- A -123B; and WHEREAS, this amendment also include supporting text to be added to the 2030 Comprehensive Plan, Appendix I — Area Plans, The Northeast Frederick Land Use Plan; and Minute Book Number 40 Board of Supervisors Regular Meeting of 02 /25/15 224 WHEREAS, the Frederick County Planning Commission held a public hearing on this proposed amendment on February 18, 2015 and recommended approval; and WHEREAS, the Frederick County Board of Supervisors held a public hearing on this proposed amendment on February 25, 2015; and WHEREAS, the Frederick County Board of Supervisors finds that the adoption of this amendment to the 2030 Comprehensive Plan, to be in the best interest of the public health, safety, welfare, and future of Frederick County, and in good planning practice; NOW, THEREFORE, BE IT RESOLVED by the Frederick County Board of Supervisors that THE AMENDMENT TO THE 2030 COMPREHENSIVE PLAN, is adopted. This amendment expands the Sewer and Water Service Area (SWSA) boundary to include 140 additional acres in the vicinity Blain properties to the SWSA and includes supporting text to be added to the Northeast Land Use Plan. Passed this 25 day of February, 2015 by the following recorded vote: Richard C. Shickle May Christopher E. Collins Aye Charles S. Deflaven, Jr. Aye Gene E. Fisher Aye Robert A. Hess Aye Gary A. Lofton Aye Robert W. Wells Aye OTHER PLANNING ITEMS ROAD RESOLUTION 0061 -151 — RUTHERFORD CROSSING — MILTON RAY DRIVE EXTENSION — 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 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 Minute Book Number 40 Board of Supervisors Regular Meeting of 02/25115 X25 Supervisor Lofton advised the Ag. District Committee met and decided to revise the minimum lot size for inclusion in a district to five acres. He noted this would come to the Board in either April or May. CITIZEN COMMENTS There were no citizen comments. BOARD OF SUPERVISORS COMMENTS Supervisor Collins advised that this would be his last meeting as a member of the board of supervisors. He stated that his family had an opportunity to move into his son's school district. He went on to say this was a tough decision for both his wife and him. He thanked the Board for the opportunity to serve. He stated he had learned a lot and it had been his pleasure to serve. Chairman Shickle thanked Supervisor Collins for his service and dedication. He noted it had been a pleasure to serve with him and he would be missed. Supervisors Lofton, Fisher, and Wells thanked Supervisor Collins for his service to the county. Supervisor Hess thanked Supervisor Collins for speaking his mind on issues and he respected the positions he took and appreciated his service. Vice- Chairman DeHaven stated it had been an honor and privilege to serve with Supervisor Collins and that the citizens had been well served. 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. (8:05 P.M.) Q. Richard C. Shickle Chairman, Board of Supervisors Roderick B. Williams Interim Clerk, Board of Supervisors Minutes Prepared By: LL E - Jay E T' bs Deputy Clerk, Board of Supervisors Minute Book dumber 40 Board of Supervisors Regular Meeting of 02/25/15