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HomeMy WebLinkAboutApril 22 2015 Regular Meeting Minutes•� A Regular Meeting of the Frederick County Board of Supervisors was held on Wednesday, April 22, 2015 at 5:30 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; Jason E. Ransom; and Robert W. Wells. CALL TO ORDER Chairman Shickle called the meeting to order. CLOSED SESSION Upon a motion by Vice - Chairman DeHaven, seconded by Supervisor Hess, the Board convened in closed session pursuant to Section 2.2 -3711 A (7) of the Code of Virginia, 1950, as amended, for consultation with legal counsel and briefing by staff, pertaining to a legal claim against the County, R150 SPE LLC V. COUNTY OF FREDERICK VIRGINIA ET AL., currently pending in the Frederick County Circuit Court, where such consultation or briefing in an open meeting would adversely affect the negotiating or litigating posture of the Board, and the matter required the provision of legal advice by such counsel; and pursuant to Section 2.2 -3711 A (1) for discussion of personnel matters. 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 Jason E. Ransom Aye Robert W. Wells Aye Upon a motion by Vice- Chairman DeHaven, seconded by Supervisor Lofton, 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 Jason E. Ransom Aye Robert W. -Wells Aye 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 legal matters, pursuant to Minute Book Number 44 Board of Supervisors Regular Meeting of 04I22r15 87 Section 2.2 -3711 A (7) of the Code of Virginia, 1950, as amended, specifically, for consultation with legal counsel and briefing by staff, pertaining to a legal claim against the County, R150 SPE LLC V. COUNTY OF FREDERICK VIRGINIA ET AL. currently pending in the Frederick County Circuit Court, where such consultation or briefing in an open meeting would adversely affect the negotiating or litigating posture of the Board, and the matter required the provision of legal advice by such counsel; and personnel matters pursuant to Section 2.2 -3711 A (1), 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 Jason E. Ransom Aye Robert W. Wells Aye INVOCATION Pastor Mark Carey, Fellowship Bible Church, delivered the invocation. PLEDGE OF ALLEGIANCE Vice- Chairman DeHaven led the Pledge of Allegiance. ADOPTION OF AGENDA - APPROVED Interim County Administrator Rod Williams advised that he had no changes to the agenda. Upon a motion by Viee- 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 Jason E. Ransom Aye Robert W. Wells Aye CONSENT AGENDA - APPROVED Interim Administrator Williams advised that he had one item for the Board's consideration under the consent agenda, the HR Committee Report — Tab D. Upon a motion by Supervisor Lofton, seconded by Supervisor Hess, 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 04/22/15 • r Gene E. Fisher Aye Robert A. Hess Aye Gary A. Lofton Aye Jason E. Ransom 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 Fisher, the Board approved the minutes from the March 25, 2015 regular meeting 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 Jason E. Ransom Aye Robert W. Wells Aye Upon a motion by Supervisor Hess, seconded by Supervisor Wells, the Board approved the minutes from the April 8, 2015 regular meeting 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 Jason E. Ransom Aye Robert W. Wells Aye COUNTY OFFICIALS COMMIT'T'EE APPOINTMENTS APPOINTMENT OF MEMBERS TO THE DEVELOPMENT IMPACT MODEL OVERSIGHT COMMITTEE - APPROVED Upon a motion by Supervisor Hess, seconded by Supervisor Fisher, the Board appointed the following members to the Development Impact Model Oversight Committee: Kris Tierney — County Administration Representative Gary A. Lofton — Board of Supervisors and EDA Representative Robert A. Hess — Board of Supervisors Representative H. Paige Manuel — Planning Commission Representative Roger L. Thomas — Planning Commission Representative Stuart Wolk — School Board Representative. This is a one year appointment. Term expires June 28, 2016. The above motion was approved by the following recorded vote: Minute Book Number 40 Board of Supervisors Regular Meeting of 04/2245 • Richard C. Shickle Aye Charles S. DeHaven, Jr. Aye Gene E. Fisher Aye Robert A. Hess Aye Gary A, Lofton Aye Jason E. Ransom Aye Robert W. Wells Aye MEMORANDUM RE: REQUEST TO SET SCHEDULE FOR BOARD MEETINGS DURING SUMMER MONTHS AND FOR 2015 HOLIDAY SEASON AND POSSIBLE RE- SCHEDULE OF NOVEMBER MEETING - APPROVED Upon a motion by Vice - Chairman DeHaven, seconded by Supervisor Hess, the Board approved the 2015 summer schedule, holiday schedule, and rescheduling of the November meeting, as follows: - Cancellation of the June 24 July 22" September 23 and October 28 meetings; - Cancellation of the November 25 and December 23 meetings; and - Reschedule November 11 meeting to Thursday, November 12 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 Jason E. Ransom Aye Robert W. Wells Aye COMMITTEE REPORTS HUMAN RESOURCES COMMITTEE REPORT — APPROVED UNDER CONSENT AGENDA The HR Committee met in the First Floor Conference Room at 107 North bent Street on Friday, April 10, 2015 at 8 :00 a.m. All members were present with the exception of Mr. Don Butler. ** *Items Requiring Action * ** 1. None. ** *Items Not Requiring Action * ** 1. At the request of the Committee, Mr. Ross Spicer and Mr. Andrew Robbins presented an overview of the objectives and responsibilities of the Commonwealth's Attorney's Office. The presentation also provided the Committee an understanding of his department's role, authority, projects, and topics of importance within his department. 2. The Committee discussed the right- sizing report provided by prm Consulting Group. It was the consensus of the Committee that this report was only one minor element, should it be decided to have an overall staffing plan. At their discretion, Department Directors will be able to provide feedback. 3. The Committee discussed the recent Winchester Star article regarding overtime in the Fire & Rescue Department. Chief Dennis Linaburg was present and offered to provide an overview of the components of overtime at a Committee meeting. 4. A copy of a Total Compensation Benefit Statement that was provided to employees in Minute Book Number 40 Board of Supervisors Regular Meeting of 04/22115 290 March is included for information only. There being no further business, the meeting was adjourned. The next HR Committee meeting is scheduled for Friday, May 8, 2015. FINANCE COMMITTEE REPORT - APPROVED A Finance Committee meeting was held in the First Floor Conference Room at 107 North Dent Street on Wednesday, April 15, 2015 at 8:00 a.m. There was a Budget Work Session immediately following. Member Angela Rudolph was absent. Items 2, 4, and 5 were approved under consent agenda. Upon a motion by Vice - Chairman DeHaven, seconded by Supervisor Lofton, the Board approved items 2, 4, and 5 under the consent agenda. 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 Jason E. Ransom Aye Robert W. Wells Aye FINANCE COMMITTEE I. The Fire and Rescue Chief requests a General Fund supplemental appropriation in the amount of $170 to cover overtime expenses through the end of fiscal year 2015. $160,000 of this request represents local funds and the remainder represents a grant for hazmat training. This item was postponed at the February Finance Committee meeting. See attached information, p. 4. The committee recommends approval. - Approved Upon a motion by Vice- Chairman DeHaven, seconded by Supervisor Fisher, the Board approved the above request 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 Jason E. Ransom Aye Robert W. Wells Aye 2. The Fire and Rescue Chief requests a General Fund supplemental appropriation in the amount of $16,060 This amount represents a Local Emergency Management Performance Grant to purchase replacement radios and equipment for use in the Mobile Command Post and the EOC. No local funds required. See attached info., p. 5 -8. — Approved Under Consent Agenda 3. The Fire and Rescue Chief requests a General Fund supplemental appropriation in the amount of $2,642 This amount represents funds collected for SCBA Parts /Repairs and will be used for uniforms. No local funds required. See attached memo, p. 9. 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: Minute Book Number 40 Board of supervisors Regular Meeting of 04/22/15 291 Richard C. Shickle Aye Charles S. DeHaven, Jr. Aye Gene E. Fisher Aye Robert A. Hess Aye Gary A. Lofton Aye Jason E. Ransom Aye Robert W. Wells Aye 4. The Sheriff requests a General Fund supplemental appropriation in the amount of $5,286. This amount represents an insurance reimbursement for an auto claim. No local funds required. See attached memo, p. 10. — Approved Under Consent Agenda 5. The Sheriff requests a General Fund supplemental appropriation in the amount of $10,627 This amount represents prisoner extradition reimbursements. No local funds required, See attached memo, p. 11. — Approved Under Consent Agenda 6. The Registrar requests a General Fund supplemental appropriation in the amount of $24,495 This amount represents expenses for the June 9, 2015 Republican Primary. Local funds are required. See attached memo, 12 -13. 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 Charles S. DeHaven, Jr. Aye Gene E. Fisher Aye Robert A. Hess Aye Gary A. Lofton Aye Jason E. Ransom Aye Robert W. Wells Aye 7. The EDA Executive Director requests an EDA Fund supplemental appropriation in the amount of $3,500 This amount represents funds for The Widget Cup. No local funds required. See attached memo, p. 14 -16. 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 Charles S. DeHaven, Jr, ° Aye Gene E. Fisher Aye Robert A. Hess Aye Gary A. Lofton Aye Jason E. Ransom Aye Robert W. Wells Aye 8. At the request of the committee, the EDA Executive Director provides an overview of audit process conducted by the Economic Development Authority (EDA) on Local Economic Development Incentive Grants (LEDIG). No action is required. See attached information, p. 17- 19. The committee requests further information on a final reporting mechanism. 9. At the request of the committee, the Commissioner of the Revenue provides follow up information on tables presented in the CAFR. No action is required. See attached information, p. 20 -22. 10. At the request of the committee, the Assistant Finance Director provides a draft Grant Application & Acceptance Policy for review and recommendation. See attached, p. 23 -25. The committee postpones the item awaiting review by the new County Administrator. Minute Book Number 40 Boars! of Supervisors Regular Meeting of 04/22/15 BUDGET WORK SESSION 1. At the request of the BOS and the Finance Committee, the Finance Director provides information on comparable salary increases for all county employees. INFORMATION ONLY 1. The Finance Director provides a Fund 10 Transfer Report for March 2015. See attached, p. 26. 2. The Finance Director provides financial statements for the month ending March 31, 2015. See attached, p. 27 -37. 3. The Finance Director provides an FY 2015 Fund Balance Report ending April 9, 2015. See attached, p. 38. PUBLIC HEARING PUBLIC HEARING - TWELVE MONTH OUTDOOR FESTIVAL PERMIT REQUEST OF TRUMPET VINE FARM ( DEMARCHI SPEARS). PURSUANT TO THE FREDERICK COUNTY CODE, CHAPTER 86, FESTIVALS; SECTION 86 -3, PERMIT REQUIRED; APPLICATION; ISSUANCE OR DENIAL; FEE; PARAGRAPH D, TWELVE MONTH PERMITS. ALL EVENTS TO BE HELD ON THE GROUNDS OF TRUMPET - VINE FARM 266 VAUCLUSE ROAD STEPHENS CITY, VIRGINIA. PROPERTY OWNED BY DEMARCHI SPEARS. -APPROVED Interim Administrator Williams advised this was an application for a 12 -month outdoor festival permit by Trumpet Vine Farm. All events are to be held on the grounds of Trumpet Vine Farm, 266 Vaucluse Road, Stephens City, VA. Chairman Shickle convened the public hearing. William Pfahl, Back Creek District and owner of an adjacent property, spoke against this proposed application. He noted there had been no appreciable change in the documents submitted last year and this year. He went on to say this was a money making operation and by approving this application it would be a defacto rezoning. He asked the Board to deny this application. There being no further public comments, Chairman Shickle closed the public hearing. Supervisor Lofton asked the applicant if he had complied with the outstanding items from the last application regarding the building. DeMarchi Spears advised that was correct. He brought in an engineer, who prepared drawings and signed off on the building. It has been inspected and met the issues identified by the Inspections Department. - Upon a motion by Supervisor Lofton, seconded by Supervisor Ransom, the Board approved the twelve month outdoor festival permit request of Trumpet Vine Farm. The above motion was approved by the following recorded vote: Minute Book Number 40 Board of Supervisors Regular Meeting of 04/22/15 293 Richard C. Shickle Aye Charles S. DeHaven, Jr. Aye Gene E. Fisher Aye Robert A. Hess Nay Gary A. Lofton Aye Jason E. Ransom Aye Robert W. Wells Aye PUBLIC HEARING - CONSIDERATION OF A PROPOSED AGREED ORDER TO RESOLVE CERTAIN LITIGATIONKNOWN AS LAKE HOLIDAY COUNTRY CLUB INC. V. FREDERICK COUNTY BOARD OF SUPERVISORS ET AL., CURRENTLY PENDING IN THE FREDERICK COUNTY CIRCUIT COURT. A COPY OF THE PROPOSED ORDER WILL BE AVAILABLE FOR INSPECTION AND REVIEW AT THE OFFICE OF THE COUNTY ADMINISTRATOR AND WILL BE INCLUDED IN THE BOARD'S AGENDA MATERIALS FOR ITS APRIL 22 MEETING. THE BOARD SEEKS PUBLIC COMMENTS ON SEEKING THE CIRCUIT COURT'S ENTRY OF AN ORDER IN SUBSTANTIALLY THE SAME FORM AS THE ORDER THAT WILL BE AVAILABLE FOR PUBLIC REVIEW, — NO ACTION TAKEN Interim Administrator Williams advised this item had been scheduled for public hearing per the Board's direction. He stated that no final action was to be taken tonight as there were some details to be finalized. He advised that in April 2012, Lake Holiday Country Club, Inc. ( "LHCC ") filed suit against the Board of Supervisors regarding the imposition of the Lake Holiday Sanitary District tax against lots owned by LHCC, as the automatic membership association for Lake Holiday. Working with counsel for LHCC and after consultation with relevant County staff and officials, there is now a proposed resolution of the litigation, reflected in the proposed final order. The proposed resolution would enable LHCC to acquire the 557 lots owned by Lake Holiday Land, Inc., which lots have been delinquent as to regular real estate taxes and LHSD taxes since the original imposition of the LHSD taxes in 2011. The proposal would allow the LHSD taxes to be treated like regular real estate taxes and therefore not imposed on lots owned by LHCC or acquired by LHCC from Lake Holiday Land, Inc, Interim Administrator Williams noted the proposal would require that all delinquent regular real estate taxes be paid and therefore would not affect any past, present, or future regular real estate taxes. He concluded by saying no formal action was being sought tonight. Chairman Shickle convened the public hearing. There were no public comments. Chairman Shickle closed the public hearing. PLANNING COMMISSION BUSINESS MASTER DEVELOPMENT PLAN #01 -1 FOR GRAYSTONE C OMMERCE CENTER. — INFORMATION ONLY Senior Planner Candice Perkins appeared before the Board regarding this item. She Minute Book Number 40 Board of Supervisors Regular Meeting of 04/22/15 294 advised this was master development plan for Graystone Commerce Center, which is a proposal to develop 271.40 acres zoned M1 (Light Industrial) District with industrial land uses. The property is located in the Stonewall Magisterial District. Senior Planner Perkins reviewed the I proposed master development plan. She noted the plan depicts appropriate land uses, is in conformance with the proffers for Rezoning #03 -12, and appears to be consistent with the requirements of Article VIII, Master Development Plan, of the Zoning Ordinance and was in a form that was administratively approvable. There were no Board comments or questions. BOARD LIAISON REPORTS Supervisor Fisher advised that he attended the Virginia Airport Operators' Convention. He stated that Winchester Airport Manager Renny Manuel is highly thought of and respected across the state. CITIZEN COMMENTS Shawn Graber, Back Creek District, thanked Supervisors Wells, DeHaven, Lofton, Fisher, and Hess for listening to his concerns. He referenced Chairman Shickle's comments from the last meeting and stated that he would like to tell him who he wants to be. He stated that he wants to be an individual who listens, humble, but confident, and one who puts God, family, and country before "myself'. He asked Chairman Shickle to adopt these tenets as he governed. BOARD OF SUPERVISORS COMMENTS Supervisor Hess advised that he attended the Fire Academy graduation. He stated it was a great event and "hats off to those citizens ". Chairman. Shickle welcomed the new Redbud District Supervisor, Jason Ransom to the Board. A 11 Tl)T f 0 TV 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. (7:30 P.M.) Minute Book number 40 Board of Supervisors Regular Meeting of 04/22/15 295 J Richard C. Shickle Chairman, Board of Supervisors Roderick B. Williams Interim Clerk, Board of Supervisors Minutes Prepared By: � Jay E. Ti bs Deputy Clerk, Board of Supervisors Minute Book Number 40 Board of Supervisors Regular Meeting of 04/22/15