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HomeMy WebLinkAboutApril 8 2015 Regular Meeting Minutes267 A Regular Meeting of the Frederick County Board of Supervisors was held on Wednesday, April 8, 2015 at 6:00 P.M., in the Board of Supervisors' Meeting Room, 107 North Kent Street, Winchester, Virginia. PRESENT Chairman Richard C. Shickle; Charles S. DeHaven, Jr.; Gene E. Fisher; Robert A. Hess; Gary A. Lofton; and Robert W. Wells. ABSENT Redbud District — Vacant. CALL TO ORDER Chairman Shickle called the meeting to order. CLOSED SESSION Upon a motion by Vice - Chairman DeHaven, seconded by Supervisor Hess, the Frederick County Board of Supervisors convened in closed session pursuant to Section 2.2 -3711 A (3) of the Code of Virginia, 1950, as amended, for discussion and consideration of the acquisition of real property for a public purpose, where discussion in an open meeting would adversely affect the bargaining position or negotiating strategy of the Board. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Charles S. DeHaven, Jr. Aye Gene E. Fisher Aye Robert A. Hess Aye Gary A. Lofton Aye Robert W. Wells Aye Redbud District Vacant Upon a motion by Vice - Chairman DeHaven, seconded by Supervisor Fisher, the Board came out of closed session and reconvened in open session. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Charles S. DeHaven, Jr. Aye Gene E. Fisher Aye Robert A. Hess Aye Gary A. Lofton Aye Robert W. Wells Aye Redbud District Vacant Upon a motion by Vice- Chairman DeHaven, seconded by Supervisor Fisher, the Board certified that to the best of each board member's knowledge only the acquisition of real property for a public purpose, pursuant to Section 2.2 -3711 A (3) of the Code of Virginia, 1950, as Minute Book Number 40 Board of Supervisors Regular Meeting of 0410$115 amended, specifically discussion and consideration of the acquisition of real property for a public purpose, where discussion in an open meeting would adversely affect the bargaining position or negotiating strategy of the Board were discussed. The above motion was approved by the following recorded vote: Richard C, Shickle Aye Charles S. DeHaven, Jr. Aye Gene E. Fisher Aye Robert A. Hess Aye Gary A. Lofton Aye Robert W. Wells Aye Redbud District Vacant INVOCATION Supervisor Fisher delivered the invocation. PLEDGE OF ALLEGIANCE Vice - Chairman DeHaven led the Pledge of Allegiance. ADOPTION OF AGENDA - APPROVED Interim County Administrator Rod Williams advised he had one addition to the agenda. He added the scheduling of a special meeting to appoint a representative from the Redbud District as item 4 under county officials. Upon a motion by Vice - Chairman DeHaven, seconded by Supervisor Hess, the Board approved the agenda by the following recorded vote: Richard C. Shickle Aye Charles S. DeHaven, Jr. Aye Gene E. Fisher Aye Robert A. Hess Aye Gary A. Lofton Aye Robert W. Wells Aye Redbud District Vacant CONSENT AGENDA - APPROVED Interim County Administrator offered the following items for the Board's consideration under the consent agenda: - Public Works Committee Report — Tab E; - Transportation Committee Report -- Tab F; and - Departmental Fiscal Year 2015 -2016 Annual Work Programs — Tab G. Upon a motion by Supervisor Lofton, seconded by Supervisor Fisher, the Board approved the consent agenda by the following recorded vote: Richard C. Shickle Aye Charles S. DeHaven, Jr. Aye Minute Book Number 40 Board of supervisors Regular Meeting of 04/08/15 269 Gene E. Fisher Aye Robert A. Hess Aye Gary A. Lofton Aye Robert W. Wells Aye Redbud District Vacant CITIZEN COMMENTS Shawn Graber, Back Creek District, addressed the Board regarding the budget, specifically school debt. He stated that by increasing the school debt on an annual basis, we are handing our children an ever increasing debt. He noted school debt service has increased 17% over the last two years. He stated school debt service is costing families $491. He went on to say we are building a middle school and proposing a fourth high school. He asked the Board to consider the children and the taxpayers. Jay Marts, Gainesboro District, read the following statement: "Chairman Shickle, Members of the Board & Mr. Williams I assume the proposed FY 2015 -16 Budget will be approved tonight. There is an increase in overall net expenditures of just above $IIM While this is smaller than last years near $17M increase, as a percentage it is higher than our population increase. I would ask you to continue to temper the `Wants vs. Needs' discussions within the various departments. 2010 -11 2011 -12 2012 -13 2013 -14 2014 -15 20-15 -16 232, 085, 584 235, 228, 840 240, 827, 942 247, 657, 864 264, 547,161 275, 884, 464 3,143, 256 5,599,102 6,829,922 16, 889, 297 11, 337, 303 1.35% 2.38% 2.84% 6.82% 4.29% I noticed in the budget there are very few minus ( -) signs when comparing last years budget to the proposed budget for this upcoming fiscal year. I see that the landfill is receiving about $IM less. Last week I had the opportunity to spend a few hours with the Environmental Manager, Mr. Ron Kimble. He provided me a tour of the facility and an overview of the operation. He was courteous, professional and experienced. It is good to see an efficient government service provided to the taxpayer and the business community. With the General Operating Fund increase $12 M The cut into the landfall seems out of place. Additionally, I hope you have had an opportunity to review the School Board plans for the 4th High School I referred to at the last meeting. It deserves attention & scrutiny. I would remind you that this is not a new subject. I spoke about the "old" Gainesboro Elementary School, the "new" Transportation Center & why the "old" one is still open. The replacement Middle School & why we much purchase all new furnishings. I believe we have a trend. One aspect of the trend seems to be ever increasing debt at the County, Commonwealth & Federal level. If government education is truly "about the children", then why should we pile more & more debt upon them. This is not a sustainable path,. Thank you for allowing me to address the Board. " BOARD OF SUPERVISORS COMMENTS There were no Board of Supervisors comments. MINUTES - APPROVED Minute Book Number 40 Board of Supervisors Regular Meeting of 041081/5 270 Upon a motion by Supervisor Hess, seconded by Supervisor Well, the minutes from the March 11, 2015 regular meeting were approved by the following recorded vote: Richard C. Shickle Aye Charles S. DeHaven, Jr. Aye Gene E. Fisher Aye Robert A. Hess Aye Gary Lofton Aye Robert W. Wells Aye Redbud District Vacant COUNTY OFFICIALS ADOPTION OF FISCAL YEAR 2015 -2015 BUDGET — (RESOLUTION #069 -15) - APPROVED Upon a motion by Vice - Chairman DeHaven, seconded by Supervisor Lofton, the Board adopted the Fiscal Year 2015 -2016 budget. WHEREAS, a notice of public hearing and budget synopsis has been published and a public hearing held on March 25, 2015, in accordance with Title 15.2, Chapter 25, Section 15.2- 2506, of the Code of Virginia, 1950 as amended. THEREFORE BE IT RESOLVED by the Board of Supervisors of the County of Frederick, Virginia, that the budget for the 2015 -2016 Fiscal Year as advertised in The Winchester Star on March 16, 2015, be hereby approved in the amount of $368,820,813. BE IT FURTHER RESOLVED that the County of Frederick budget for the 2015 -2016 fiscal year be adopted as follows: General Operating Fund 154,813,644 Regional Jail Fund 20,063,860 Landfill Fund 6,086,520 Division of Court Services Fund 620,639 Shawneeland Sanitary District Fund 811,026 Airport Operating Fund 2,283,228 Lake Holiday Sanitary District Fund 800,570 EMS Revenue Recovery Fund 1,501,000 Economic Development Authority Fund 573,198 School Operating Fund 148,028,927 School Debt Service Fund 15,236,485 School Capital Projects Fund 500,000 Minute Book Number 40 Board of supervisors Regular Meeting of 04108/15 271 School Nutrition Services Fund School Textbook Fund NREP Operating Fund NREP Textbook Fund Consolidated Services/Maintenance Fund School Private Purpose Funds 6,626,934 1,900,544 5,259,238 40,000 3,600,000 75,000 BE IT FURTHER RESOLVED that the Board of Supervisors of the County of Frederick, Virginia, does herein adopt the tax rates for the 2015 assessment year as follows: Property Taxes Rates per $100 of assessed value 56 cents Applied to real estate, including mobile homes $4.86 Applied to personal property including business equipment $2.25 Applied to personal property on one vehicle to volunteer firefighters that are approved and registered with the Frederick County Fire and Rescue Department 1 cent Applied to airplanes Zero tax Applied to antique vehicles and mopeds $2.00 On declining values to be applied to machinery and tools. The declining values are 60% for year one, 50% for year two, 40% for year three, and 30% for year four and all subsequent years. $2.00 On apportioned percentage of book values to be applied to Contract Classified Vehicles and equipment Business and Professional Occupational License Rates . Contractors Retail 16 cents per $100 of gross receipts 20 cents per $100 of gross receipts Financial, Real Estate, and Professional 58 cents per $100 of gross receipts Services Repair, personal and business services 36 cents per $100 of gross receipts and all other businesses and occupations not specifically listed or exempted in the County Code Wholesale 5 cents per $100 of purchases The tax rates for other businesses and occupations specifically listed in the County Code are also unchanged. Minute Book Number 40 Board of ,Supervisors Regular Meeting of 04/08/15 272 Other General Taxes Meals tax Transient Occupancy tax Vehicle License Taxes Sanitary Landfill Fees $47 $42 4% of gross receipts 2% of gross receipts $25 per vehicle and $10 per motorcycle Per ton for commercial /industrial Per ton for construction demolition debris $14 Per ton for municipal waste $32 Per ton for municipal sludge $12 Shawneeland Sanitary District Taxes $190 $560 Lake Holiday Sanitary District Taxes $678 $264 Per ton for Miscellaneous Rubble Debris Unimproved Lots Improved Lots Buildable Lots Unbuildable Lots Star Fort Subdivision Taxes/Fees $60 Per Lot Street Light Fees Oakdale Crossing and Fredericktowne $60 annually Green Acres $25 annually BE IT FURTHER RESOLVED that appropriations are hereby authorized for the central stores fund, special welfare fund, comprehensive services fund, county health insurance fund, school health insurance fund, length of service fund, special grant awards fund, employee benefits fund, maintenance insurance fund, development project fund, sales tax fund, commonwealth sales tax fund, unemployment compensation fund, Forfeited Assets Program, and Four -For -Life and Fire Programs equal to the total cash balance on hand at July 1, 2015, plus the total amount of receipts for the fiscal year 20152016, The Fire Company Capital appropriation ?Minute Book Number 44 Board of Supervisors Regular Meeting of 04148/15 273 will include the current year appropriation plus any unused funds at the end of the fiscal year 2015. BE IT FURTHER RESOLVED that funding for all outstanding encumbrances at June 30, 2015, are re- appropriated to the 2015 -2010 fiscal year to the same department and account for which they are encumbered in the 2014-2015 fiscal year. BE IT FURTHER RESOLVED that the construction fund projects are appropriated as a carryforward in the amount that equals the approved original project cost, less expenditures and encumbrances through June 30, 2015. The above resolution was approved by the following recorded vote: Richard C. Shickle Aye Charles S. DeHaven, Jr. Aye Gene E. Fisher Aye Robert A. Hess Aye Gary A. Lofton Aye Robert W. Wells Aye Redbud District Vacant COMMITTEE APPOINTMENTS REAPPOINTMENT OF ERIC CAMPBELL AND PRIYA PATEL AND APPOINTMENT OF KRISTEN LEISE AND DAN MARTIN TO THE WINCHESTER- FREDERICK COUNTY CONVENTION AND VISITORS BUREAU — APPROVED Upon a motion by Supervisor Lofton, seconded by Supervisor Hess, the Board reappointed Eric Campbell and Priya Patel, as private sector representatives, and appointed Kristen Laise, to fill the seat of Nancy "Tootie" Rinker, and appointed Dan Martin, to fill the unexpired term of Theresa Gaines, to the Winchester- Frederick County Convention and Visitors Bureau. The above motion was approved by the followin.,g recorded vote: Richard C. Shickle Aye Charles S. DeHaven, Jr. Aye Gene E. Fisher Aye Robert A. Hess Aye Gary A. Lofton Aye Robert W. Wells Aye Redbud District Vacant A_ RESOLUTION 0070 -15) O F THE BOARD OF SUPERVISORS OF THE COUNTY OF FREDERICK VIRGINIA APPROVING THE LEASE FINANCING OF MILLWOOD STATION AND AUTHORIZING THE LEASING OF CERTAIN PROPERTY IN CONNECTION THEREWITH, THE EXECUTION AND DELIVERY OF A PRIME LEASE AND A LOCAL LEASE ACQUISITION AGREEMENT AND FINANCING LEASE, AND OTHER RELATED ACTIONS, — CONDITIONALLY APPROVED Interim Administrator Williams advised an application has been submitted to the Virginia Minute Book Number 40 Board of Supervisors Regular Meeting of 04/08/15 274 Resources Authority for participation in their spring bond sale, in order to pay off the current EDA, debt obligation on Millwood Station. The sale will close May 13, 2015. The final step in the application process is for the Board to formally approve the financing. Upon a motion by Vice- Chairman DeHaven, seconded by Supervisor Wells, the Board approved the resolution limited to authorizing financing in the Spring 2015 VRA bond sale, subject to the fire company's agreement to the lease terms presented to the company by staff, as modified, to provide that the company will not receive title to any portion of the subject property upon payment of all amounts due under the agreement and as further revised as deemed appropriate by the county attorney. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Charles S. DeHaven, Jr. Aye Gene E. Fisher Aye Robert A. Hess Aye Gary A. Lofton Aye Robert W. Wells Aye Redbud District Vacant SPECIAL MEETING TO APPOINT REDBUD DISTRICT REPRESENTATIVE - APPROVED Upon a motion by Vice - Chairman DeHaven, seconded by Supervisor Fisher, the Board scheduled a special meeting for Wednesday, April 15, 2015 at 8 :00 a.m, to appoint a representative from the Redbud Magisterial District. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Charles S. DeHaven, Jr. Aye Gene E. Fisher Aye Robert A. Hess Aye Gary A. Lofton Aye Robert W. Wells Aye Redbud District Vacant COMMITTEE REPORTS PUBLIC WORDS COMMITTEE REPORT — APPROVED UNDER CONSENT AGENDA The Public Works Committee met on Tuesday, March 31, 2015 at 8:00 a.m. All members were present. The following items were discussed: ** *Items Not Requiring Action * ** 1. Impacts of Fiscal Year 2015/2016 Budget Cuts The attached summary of budget cuts and related impacts were discussed with the committee. In particular, the cuts to the proposed refuse collection budget could possibly yield the greatest impacts on services. The committee recommended that these impacts be discussed Minute Book Number 40 Board of Supervisors Regular Meeting of 04/08115 275 with the new county administrator. They further acknowledged that supplemental appropriation may be required to maintain the waste hauling services, 2. Project Updates The Deputy Director, Mr. Joe Wilder, presented a brief progress summary of the following projects: a. Round Hill Fire Station and Event Center: The 2015 winter conditions have caused some delays in finishing by mid - August. It is anticipated that a realistic completion date will be the end of September 2015. To date, the structural frames have been completed for both buildings. The slab and related utility groundwork have been completed for the event center. Rough in for the utility groundwork is in progress for the fire station. Rough grades have been achieved for Corporate Place and Spinning Wheel Drive. The main water and sewer lines have been completed. The exterior masonry walls are being erected in the fire station. b. Landfill Projects: 1) Construction/Demolition Debris (CDD) Closure: Closure plans have been completed for an approximate ten (10) acre cell in the CDD landfill. Staff anticipates advertising for bids in April with a subsequent contract award in May. 2) Heat Exchanger: Staff is currently working on the design of a heat exchanger to be installed on the gas -to- electric generators to provide heat for our shops as well as our leachate treatment ponds. c. Cost - Sharing Projects: 1) Snowden Boulevard: The design of Snowden Boulevard has been completed. Staff has submitted a request to pre - qualify bidders. Prior to requesting final bids, it will be necessary to execute numerous agreements with the various utilities and other partners in the.projects. Staff is hopeful that bids can be obtained prior to June 30, 2015. 2) Tevis Street: The 30 percent design of the Tevis Street project has been completed. This project will be shelved until further direction from the board of supervisors. 3) Valley Mill Road: The 30 percent design has been completed for this project. Meetings are planned with the property owner to discuss preliminary cost estimates and establish a schedule for continuing design efforts. 3. Miscellaneous Reports a) Tonnage Report b) Recycling Report c) Animal Shelter Dog Report d) Animal Shelter Cat Report TRANSPORTATION COMMITTEE REPORT — APPROVED UNDER CONSENT AGENDA The Transportation Committee met on March 23, 2015 at 8:30 a.m. Members Present Chuck DeHaven (voting) James Racey (voting) Gene Fisher (voting) Barry Selmoor (voting) Gary {Dates (liaison PC) Members Absent Mark Davis (liaison Middletown) Minute Book Number 40 Board of Supervisors Regular Meeting of 04/08/15 276 Lewis Boyer (liaison Stephens City) ** *Items Requiring Action * ** WCOW ** *Items Not Requiring Action * ** 1. VDOT Road Project Updates VDOT staff was on hand to update the committee on a number of projects as follows: Route 37 Mr. Chris Colson from VDOT was on hand and noted that while the study was delayed due to the model update that had to be done, it is expected to be completed by this fall. He also noted that in the coming months staff would be contacted for involvement as VDOT considers key areas. Exit 310 Construction Mr. Scott Alexander noted that the project has been awarded and is in preconstruction with an official start date of April 15, 2015. The project has a fixed end date of May 2018 but includes early completion incentives for a completion as early as November 2017. Exit 313 Study Mr. Scott Alexander noted that the Interchange Modification Report effort is underway. Regional transportation model outputs are being converted to "design volumes" which aids in design level decision making on items such as length of turn lanes required. He also indicated that the County can expect to start seeing concepts this summer. Redbud Road Study While early in the process, it was noted that letters have gone out to surrounding property owners regarding upcoming aerial photography for this project. 2. HB2 Implementation Update Staff updated the committee on the meeting they attended on March 3 in Harrisonburg. Staff noted that input rendered at the January session in Edinburg did not appear to make it through to what was presented at this session. Staff also noted that VDOT has yet to run any test cases, which is making it difficult .for localities to determine which Tier of consideration they should be in for scoring projects. It was noted that the first projects to be scored under the new system will be those who lost funds at the beginning of this process. Staff noted that while VDOT has continued to state that the process will not be perfect at first and will likely require improvement over time, Frederick County has a lot to lose if the product isn't good the first time. Staff would note that the impression continues that VDOT is very concerned with getting this done quickly. 3. Eastern Road Plan Update Discussion Staff noted a desire to complete a comprehensive update to the Eastern Road Plan. The opportunity to align the discussion with the Comprehensive Plan update was discussed and staff was asked to develop a timeline. 4. Safety Evaluation Discussion Staff discussed the possibility of creating a document that quantifies key areas of safety concern in Frederick County. This will provide a tool to decision makers during planning exercises such as plan updates as well as rezonings. Staff noted that this will require significant coordination with VDOT. Minute Book Number 40 Board of Supervisors Regular Meeting of 04108/15 277 5. County Road Project Updates Tevis Extension and Bridge Has reached 30% design and is on hold at this time. Valley Mill Road Realignment Has reached 30 % design and staff is preparing to meet with private partners to proceed , to the next phase. Staff also noted there is a pending revenue sharing application for the construction phase of this project. Snowden Bridge Boulevard Design has been approved. Right -of -way plats are being reviewed and bid package prepared. This should go to bid in approximately 1 month. Renaissance Drive No activity Coverstone Drive Application for Revenue Sharing is pending. 6. Other Mr. Fisher is seeking guidance from VDOT on what to tell frustrated drivers in his district regarding the continued lack of permissive left opportunities which is leading to people running red lights out of frustration. VDOT noted that five (5) local intersections have been selected as pilot locations for permissive lefts and this includes the intersection he brought up. Mr. Racey noted issues at the Double Tollgate intersection where both left turn arrows are activating when only one is needed. VDOT is looping into the issue. ANNUAL REPORTS DEPARTMENT FISCAL YEAR 2015 -2016 ANNUAL WORK PROGRAMS. FOR INFORMATION ONLY) — APPROVED UNDER CONSENT AGENDA PLANNING COMMISSION BUSINESS PUBLIC HEARING PUBLIC HEARING - DISCONTINUANCE AND ABANDONMENT — PORTION OF GOLD ORCHARD ROAD ROUTE 708 --- CONSIDER A PROPOSAL TO ABANDON GOLD ORCHARD ROAD (ROUTE 708 FROM .02 MILES NORTH OF CARPERS PIKE ROUTE 259 UNTIL THE END OF STATE MAINTENANCE PER 33.2 -909 CODE OF VIRGINIA 1950 AS AMENDED. — (RESOLUTION #071 -15) - APPROVED Deputy Planning Director — Transportation John Bishop appeared before the Board regarding this item. He advised this was a public hearing on the potential abandonment of Gold Orchard Road (Route 708) from approximately .02 miles north of Carpers Pike (Route 259) until the end of state maintenance. The right-of-way is encompassed by a single property owner. He concluded by saying the Transportation Committee recommended approval. Minute Book Number 40 Board of Supervisors Regular Meeting of 04/08/15 278 Chairman Shickle convened the public hearing. There were no public comments. Chairman Shickle closed the public hearing. Upon a motion by Supervisor Fisher, seconded by Supervisor Hess, the Board approved the discontinuance and abandonment of a portion of Gold Orchard Road (Route 708). WHEREAS, it appears to this Board that Secondary Route 708 (Gold Orchard Road) from approximately .02 miles north of Carpers Pike (Route 259) until the end of state maintenance, serves no public necessity and is no longer necessary as part of the Secondary System of State Highways. NOW, THEREFORE, BE IT RESOLVED, the Clerk of the Board of Supervisors is hereby directed to post and publish notice of the Board's intent to abandon the aforesaid section of Route 708, pursuant to §33.2 -909 of the Code of Virginia, 1950, as amended. BE IT FURTHER RESOLVED, that a certified copy of this resolution be forwarded to the Commissioner of the Virginia Department of Transportation. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Charles S. DeHaven, Jr. Aye Gene E. Fisher Aye Robert A. Hess. Aye Gary A. Lofton Aye Robert W. Wells Aye Redbud District Vacant BOARD LIAISON REPORTS Supervisor Lofton reported that the Extension Leadership Council met last Wednesday and staff reviewed the many programs the Extension Service offers. He highlighted the food and nutrition program. He also reported the horse judging team placed first in Virginia. CITIZEN COMMENTS Ken Hunter, Back Creek District, stated he must have missed something in the adoption of the budget. He noted there was a difference between the proposed and adopted budget of $12.4 million and he asked if that difference was a tax increase. BOARD OF SUPERVISORS COMMENTS Chairman Shickle stated it appeared the Board could expect a continued round of "supervisor wannabes" getting up and speaking about things in ways that distrust the system and lead the public to erroneous conclusions. He noted that he would attempt to correct them when that happens and he encouraged his other board members to do the same. Supervisor Hess reported on his participation in a local government week program put on by James Wood High School Service Learning students. He complimented the students on their Minute Book Number 40 Board of Supervisors Regular Meeting of 04/08/15 279 work and presentation and he commended the James Wood Middle School eighth graders for their attention and questions. Supervisor Wells stated he would like the Board to look at reinstating the Thursday hours for the library. Chairman Shickle asked Interim Administrator Williams to work with staff to put together recommendations on budget matters to include how the Board might do that. 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. (7:26 P.M.) Richard C. Shickle Chairman, Board of Supervisors e oderick B. Wil fns Interim Clerk, Board of Supervisors Minutes Prepared By: L E -- a l Jay E.Ti#6s Deputy Clerk, Board of Supervisors Minute Book Number 40 Board of Supervisors Regular Meeting of 04/08/15