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June 10 2015 Regular Meeting Minutes331 A Regular Meeting of the Frederick County Board of Supervisors was held on Wednesday, June 10, 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; Gary A. Lofton; Jason E. Ransom; and Robert W. Wells. ABSENT Robert A. Hess (Arrived at 6:03 p.m.) CALL TO ORDER Chairman Shickle called the meeting to order. CLOSED SESSION Upon a motion by Vice - Chairman DeHaven, seconded by Supervisor Fisher, the Board convened in closed session pursuant to Section 2.2 -3711 A (3) of the Code of Virginia, 1950, as amended, for discussion or 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 Absent 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 that only acquisition of real property, pursuant to section 2.2 -3711 A (3) of the Code of Virginia, 1950, as amended, Minute Book Number 40 Board of Supervisors Regular Meeting of 06/10/15 332 specifically discussion or 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 was 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 RECESS The board recessed until 7:00 p.m. CALL TO ORDER Chairman Shickle called the regular meeting to order. INVOCATION Supervisor Hess delivered the invocation. PLEDGE OF ALLEGIANCE Vice - Chairman DeHaven led the Pledge of Allegiance. ADOPTION OF AGENDA — APPROVED AS AMENDED Assistant County Administrator Kris Tierney advised that he had one change to the agenda. He noted Rezoning #05 -14 of CB Ventures, LLC had been withdrawn at the request of the applicant. Upon a motion by Vice - Chairman DeHaven, seconded by Supervisor Lofton, 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 Assistant Administrator Tierney offered the following items for the Board's consideration under the consent agenda: - Shenandoah Valley Workforce Development Board /Chief Elected Officials Consortium Agreement — Tab D; - Request to Schedule Work Session Between Board of Supervisors and Frederick Minute Book dumber 40 Board of Supervisors Regular Meeting of 06/10/15 333 County School Board for July 8, 2015 — Tab F; and - Human Resources Committee Report — Tab H. Upon a motion by Supervisor Fisher, seconded by Supervisor Hess, the Board approved the consent 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 CITIZEN COMMENTS There were no citizen comments. BOARD OF SUPERVISORS COMMENTS There were no Board of Supervisors' comments. MINUTES - APPPROVED Upon a motion by Vice- Chairman DeHaven, seconded by Supervisor Hess, the Board approved the minutes from the May 13, 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 Lofton, seconded by Supervisor Fisher, the Board approved the minutes from the May 27, 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 COMMITTEE APPOINTMENTS APPOINTMENT OF DR. ROBERT MEADOWS AS STONEWALL DISTRICT REPRESENTATIVE TO THE HISTORIC RESOURCES ADVISORY BOARD - APPROVED ^� Upon a motion by Vice - Chairman DeHaven, seconded by Supervisor Hess, the Board appointed Dr. Robert Meadows as Stonewall District representative to the Historic Resources Minute Book Number 40 Board of Supervisors Regular Meeting of 06/10/15 334 Advisory Board. This is a four year appointment. Term, expires June 10, 2019. 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 REAPPOINTMENT OF WHITNEY "WHIT" L. WAGNER TO THE BOARD OF BUILDING APPEALS - APPROVED Upon a motion by Vice - Chairman DeHaven, seconded by Supervisor Lofton, the Board reappointed Whitney "Whit" L. Wagner to the Board of Building Appeals. This is a five year appointment. Term expires August 12, 2020. 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 REAPPOINTMENT OF ELAINE CAIN ROBERT SOLENBERGGER AND CHARLES TRIPLETT TO THE CONSERVATION EASEMENT AUTHORITY - APPROVED Upon a motion by Supervisor Hess, seconded by Supervisor Fisher, the Board reappointed Elaine Cain, Robert Solenberger, and Charles Triplett to the Conservation Easement Authority. This is a three year appointment. Term expires August 24, 201$. 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 APPOINTMENT OF JASON RANSOM TO THE SHENANDOAH VALLEY WORKFORCE DEVELOPMENT BOARD CHIEF LOCAL ELECTED OFFICIALS CONSORTIUM BOARD - APPROVED Upon a motion by Supervisor Lofton, seconded by Vice - Chairman DeHaven, the Board appointed Jason E. Ransom as the Board representative to the Shenandoah Valley Workforce Development Chief Local Elected Officials Consortium Board. The above motion was approved by the following recorded vote: Minute Book Number 40 Board of Supervisors Regular Meeting of 06110/15 335 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 MILLWOOD STATION VOLUNTEER FIRE AND RESCUE COMPANY 21 RESOLUTION ( #087 -15) AUTHORIZING EXECUTION OF MEMORANDUM OF UNDERSTANDING BETWEEN THE COUNTY OF FREDERICK, THE FREDERICK COUNTY_ ECONOMIC DEVELOPMENT AUTHORITY, AND THE MILLWOOD STATION VOLUNTEER FIRE AND RESCUE COMPANY 21. -APPROVED Upon a motion by Vice- Chairman DeHaven, seconded by Supervisor Hess, the Board approved the resolution authorizing execution of a memorandum of understanding between the County of Frederick, the Frederick County Economic Development Authority, and the Millwood Station 'Volunteer Fire and Rescue Company 21, subject to amendments to the memorandum of understanding as deemed appropriate by legal counsel. WHEREAS, the Economic Development Authority of the County of Frederick, Virginia (the "EDA ") is the owner of real property and improvements located on the south side of Costello Drive in Shawnee Magisterial District, containing approximately four (4) acres more or less and identified as Frederick County property identification number 54 -10 -5 (the "Property "); and WHEREAS, the EDA, the County of Frederick, and Millwood Station Volunteer Fire and Rescue Company 21 have reached an understanding regarding the continued ownership, use, operations, maintenance, and conveyance of the Property; and WHEREAS, the terms and conditions of the understanding are specified within the attached Memorandum of Understanding; Regarding the Ownership, Use, Operations Maintenance ,- and Conveyance of Millwood Fire and Rescue Station. NOW, THEREFORE, BE IT RESOLVED that the Frederick County Board of Supervisors hereby authorizes the County Administrator to execute said Memorandum of Understanding. ADOPTED this 10" day of June, 2015. 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 RESOLUTION ( 4088 -15) OF THE BO ARD OF SUPERVISORS OF THE COUNTY OF FREDERICK 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 OTHER RELATED ACTIONS. - APPROVED Minute Book Number 40 Board of supervisors Regular Meeting of 06/10 /15 336 Upon a motion by Vice - Chairman DeHaven, seconded by Supervisor Lofton, the Board approved a resolution of 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. WHEREAS, on February 23, 2007, the Economic Development Authority of the County of Frederick, Virginia (formerly known as the Industrial Development Authority of the County of Frederick, Virginia) (the "EDA ") issued its $3,000,000 Taxable Lease Revenue Bond (Millwood Station Project) Series 2007 (the "2007 EDA B ") in order to provide funds for the construction and equipping of the Millwood Volunteer Fire Station (the "2007 Project "); WHEREAS, the Board of Supervisors (the "Board ") of the County of Frederick, Virginia (the "County ") intends to refinance the costs of the 2007 Project by refunding all or a portion of the 2007 EDA Bond (the "Millwood Project "); WHEREAS, the Board has determined that it is in the best interest of the County to enter into a lease arrangement in order to obtain funds to finance the Millwood Project; WHEREAS, the Board is authorized, pursuant to Section 15.2 -1800 of the Code of Virginia of 1950, as ' amended, to lease any improved or unimproved real estate held by the County; WHEREAS, Virginia Resources Authority ( "VRA ") intends to issue its Infrastructure and State Moral Obligation Revenue Bonds (Virginia Pooled Financing Program), Series 2015A or such other series of bonds'as VRA and the County may determined (the WRA Bonds ") and, subject to VRA credit approval, to provide a portion of the proceeds to the County to finance the Millwood Project pursuant to the terms of a Local Lease Acquisition Agreement and Financing Lease (the "Financing Lease "), between the County and VRA; WHEREAS, the County will enter into a Prime Lease (the "Prime Lease") with VRA whereby the County will lease all or a portion of the 2007 Project and the real estate on which such leased portion is located (the "Real Estate ") to VRA; WHEREAS, the County will enter into the Financing Lease with VRA pursuant to which VRA will lease back to the County the portions of the 2007 Project and the Real Estate leased by the County pursuant to the Prime Lease (collectively, the "Leased Premises "), and the County will make rental payments corresponding in amount and timing to the debt service on the portion of the VRA Bonds issued to finance the Millwood Project (the "Rental Payments "); WHEREAS, the County intends to pay the Rental Payments out of appropriations from the County's General Fund; WHEREAS, the Financing Lease shall indicate that the County requests an amount sufficient to refund the portion of the 2007 EDA Bond selected for refunding plus an amount sufficient to pay local costs of issuance (or such other amount as requested by the County and approved by VRA prior to the pricing of the VRA Bonds) is the amount of proceeds requested (the "Proceeds Requested ") from VRA; WHEREAS, VRA has advised the County that VRA's objective is to pay the County an amount which, in VRA's judgment, reflects the market value of the Rental Payments under the Financing Lease (the "VRA Purchase Price Objective "), taking into consideration the Proceeds Requested and such factors as the purchase price to be received by VRA for the VRA Bonds, the issuance costs of the VRA Bonds (consisting of the underwriters' discount and other costs incurred by VRA (collectively, the "VRA Costs ")) and other market conditions relating to the sale of the VRA Bonds; Minute Book Number 40 Board of Supervisors Regular Meeting of 06114/15 337 WHEREAS, such factors may result in the County receiving an amount other than the par amount of the aggregate principal components of the Rental Payments under the Financing Lease and consequently (i) the aggregate principal components of the Rental Payments under the Financing Lease may be greater than the Proceeds Requested in order to receive an amount of proceeds that is substantially equal to the Proceeds Requested, or (ii) if the maximum authorized aggregate amount of the principal components of the Rental Payments under the Financing Lease does not equal or exceed the sum of the Proceeds Requested plus the amount of the VRA Costs and any original issue discount, the amount to be paid to the County, given the VRA .Purchase Price Objective and market conditions, will be less than the Proceeds Requested; and WHEREAS, the Prime Lease and the Financing Lease are referred to herein as the "Documents." Copies of the Documents are on file with the County Administrator. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF THE COUNTY OF FREDERICK., VIRGINIA: 1. Approval of Lease - Leaseback Arran ement. The lease- leaseback arrangement with VRA to accomplish the financing of the Millwood Project is hereby approved. The leasing of Leased Premises by the County, as lessor, to VRA, as lessee, pursuant to the terms of the Prime Lease is hereby approved. The leasing of the Leased Premises by VRA, as lessor, to the County, as lessee, pursuant to the terms of the Financing Lease is hereby approved. If the County elects to finance other projects with VRA at the same time as the Millwood Project, the County is hereby authorized to combine the financing of such projects into one lease - leaseback financing. 2. Approval of the Terms of the Rental Payments The Rental Payments set forth in the Financing Lease shall be composed of principal and interest components reflecting an original aggregate principal amount not to exceed $3,000,000 and a true interest cost not to exceed 6.0% per annum (exclusive of "Supplemental Interest" as provided in the Financing Lease and taking into account any original issue discount or premium); and the final maturity shall be not later than 25 years from the date of the first Rental Payment under the Financing Lease. It is determined to be in the best interest of the County to enter into the Financing Lease with VRA, subject to the terms and conditions set forth in this Resolution. Given the VRA Purchase Price Objective and market conditions, it may become necessary to enter into the Financing Lease with aggregate principal components of the Rental Payments greater than the Proceeds Requested. If the limitation on the maximum aggregate principal components of Rental Payments on the Financing Lease set forth in this paragraph 2 restricts VRA's ability to generate the Proceeds Requested, taking into account the VRA Costs, the VRA Purchase Price Objective and market conditions, the County Administrator is authorized to accept a purchase price at an amount less than the Proceeds Requested. The County Administrator is authorized to accept the interest component of Rental Payments based on the interest rate or rates established by VRA. The actions of the County Administrator in accepting the final terms of the Financing Lease, including its purchase price and the Rental Payments shall be conclusive, and no further action shall be necessary on the part of the Board. 3. Other Payments under Financing Lease Subject to paragraphs 7 and 8 below, the County agrees to pay all amounts required by the Financing Lease in addition to Rental Payments, including the "Supplemental Interest," as provided in the Financing Lease. 4. Execution and Recordation of Documents The Chairman and the County Administrator, either of whom may act, are authorized and directed to execute the Documents and deliver them to' the other parties thereto. The Clerk of the Board of Supervisors and any Deputy Clerk, any of whom may act, are authorized to affix the seal of the County to the Documents, if required, and to attest such seal. The Chairman and the County Administrator, either of whom may act, are further authorized to cause the Prime Lease and the Financing Lease, to be recorded in the Clerk's Office of the Circuit Court of Frederick County. 5. Form of Documents The Documents shall be in substantially the forms on file with the County Administrator, which Documents are hereby approved with such completions, omissions, insertions and changes as may be approved by the Chairman and the County Administrator, either of whom may act. The execution and delivery of the Documents by the Chairman and the County Administrator, or either of them., will constitute conclusive evidence of Minute Book Number 40 Board of supervisors Regular Meeting of 06/10/15 338 the approval of any such completions, omissions, insertions, and changes, including acceptance of the final terms of the Financing Lease. 6. Essentiality of the Project and Real Estate The 2007 Project and the Real Estate are hereby declared to be essential to the efficient operation of the County, and the County anticipates that each will continue to be essential to the operation of the County during the term of the Financing Lease. 7. Annual Budget While recognizing that it is not empowered to make any binding commitment to make Rental Payments and any other payments required under the Financing Lease beyond the current fiscal year, the Board hereby states its intent to make annual appropriations for future fiscal years in amounts sufficient to make all such payments and hereby recommends that future Boards do likewise during the term of the Financing Lease. The Board directs the County Administrator, or such other officer who may be charged with the responsibility for preparing the County's annual budget, to include in the budget request for each fiscal year during the term of the Financing Lease an amount sufficient to pay the Rental Payments and all other payments coming due under the Financing Lease during such fiscal year. If at any time during any fiscal year of the County throughout the term of the Financing Lease, the amount appropriated in the County's annual budget in any such fiscal year is insufficient to pay when due the Rental Payments and any other payments required under the Financing Lease, the Board directs the County Administrator, or such other officer who may be charged with the responsibility for preparing the County's annual budget, to submit to the Board at the next scheduled meeting, or as promptly as practicable but in any event within 45 days, a request for a supplemental appropriation sufficient to cover the deficit. 8. Rental Payments Subject to Appropriation The County's obligation to make the Rental Payments and all other payments pursuant to the Financing Lease is hereby specifically stated to be subject to annual appropriation therefor by the Board, and nothing in this Resolution or the Documents shall constitute a pledge of the full faith and credit or taxing power of the County or compel the Board to make any such appropriation. - 9. Disclosure Documents The County authorizes and consents to the inclusion of information with respect to the County in VRA's Preliminary Official Statement and VRA's Official Statement in final form, both to be prepared in connection with the sale of the VRA Bonds. If appropriate, such disclosure documents shall be distributed in such manner and at such times as VRA shall determine. The County Administrator is authorized and directed to take whatever actions are necessary or appropriate to aid VRA in ensuring compliance with Securities and Exchange Commission Rule 15c2 -12. 10. Tax Documents The County Administrator and the County's Director of Finance, either of whom may act, are hereby authorized to execute a Nonarbitrage Certificate and Tax Compliance Agreement or any related document (the "Tax Documents ") setting forth the expected use and investment of the proceeds of the VRA Bonds to be received pursuant to the Documents and containing such covenants as may be necessary in order for the County and VRA to comply with the provisions of the Internal Revenue Code of 1986, as amended (the "Tax Code "), with respect to the VRA Bonds and the Documents including the provisions of Section 148 of the Tax Code and applicable regulations relating to "arbitrage bonds." The County covenants that the proceeds of the VRA Bonds to be received pursuant to the Documents will be invested and expended as set forth in the Tax Documents, to be delivered simultaneously with the issuance and delivery of the Financing Lease and that the County shall comply with the other covenants and representations contained therein. 11. Other Actions All other actions of the officers of the County in conformity with the purpose and intent of this Resolution are hereby approved and confirmed. The officers of the County are hereby authorized and directed to execute and deliver all certificates and instruments and to take all such further action as may be considered necessary or desirable in connection with the actions contemplated by this Resolution or the execution and delivery of the Documents, including with limitation the execution and delivery of an escrow agreement or similar arrangement related to the refunding of all or a portion of the 2007 EDA Bond. 12. SNAP Investment Authorization The County has heretofore received and reviewed the Information Statement (the "Information Statement ") describing the State Non - Arbitrage Program of the Commonwealth of Virginia ( "SNAP ") and the Contract Creating the Minute Book Number 40 Board of Supervisors Regular Meeting of 061101'15 339 State Non - Arbitrage Program Pool I (the "Contract "), and the County has determined to authorize the County Administrator and the Treasurer, or either of them, to utilize SNAP in connection with the investment of any portion of the proceeds of the lease - leaseback transaction if the County Administrator and the Treasurer determine that the utilization of SNAP is in the best interest of the County. The Board acknowledges that the Treasury Board of the Commonwealth of Virginia is not, and shall not be, in any way liable to the County in connection with SNAP, except as otherwise provided in the contract creating the investment program pool. 13. Repeal of Conflicting Resolutions. All resolutions are repealed to the extent they are inconsistent with this Resolution. 14. Effective Date This resolution shall take effect immediately. 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 SHENANDOAH VALLY WORKFORCE DEVELOPMENT BOARD /CHIEF ELECTED OFFICIALS CONSORTIUM AGREMEENT — (RESOUTION #089 -15) — APPROVED UNDER CONSENT AGENDA . The Board of Supervisors of Frederick County, Virginia hereby ordains that, pursuant to Section 15.2 -1300 of the Code of Virginia (1950, as amended), that the Shenandoah Valley Chief Local Elected Officials Consortium Agreement, creation of the Shenandoah Valley Workforce Development Area, the Shenandoah Valley Chief Elected Officials Consortium, and the Shenandoah Valley Workforce Development Board, in accordance with Public Law 113 -128, the Workforce Innovations and Opportunity Act of 2014, Section 106, is approved. Enacted this 10th day of June, 2015. REQUEST FROM OF THE REVENUE FOR REFUND - APPROVED Assistant Administrator Tierney advised this was a request from the Commissioner of the Revenue to authorize the Treasurer to refund RDM Hospitality LLC the amount of $15,342.14, for business personal property (furnishing & equipment) taxes in 2012, 2013, and 2014. This refund resulted from the taxpayer initially giving one figure in 2010 for all personal property of their motel. Upon audit an adjustment was found to be due reducing the taxpayer's original figure. He went on to say the Commissioner verified that documentation and details for this refiu'd met all requirements. Upon a motion by Supervisor Hess, seconded by Supervisor Lofton, the Board approved the refund request and supplemental appropriation. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Charles S. DeHaven, Jr. Aye Gene E. Fisher Aye Minute Book Number 40 Board of supervisors Regular Meeting of 06/10/15 aaol Robert A. Hess Aye Gary A. Lofton Aye Jason E. Ransom Aye Robert W. Wells Aye REQUEST TO SCHEDULE WORK SESSION BETWEEN BOARD OF SUPERVISORS AND FREDERICK COUNTY SCHOOL BOARD FOR JULY _ 8 , 2015. — APPROVED UNDER CONSENT AGENDA RECOMMENDATION FROM COUNTY ADMINISTRATOR RE: MERIT PAY PERCENTAGE FOR FY 2015 -2016. — APPROVED 2.4% MERIT PAY PERCENTAGE FOR FY 2015 -2016 Assistant County Administrator Kris Tierney advised the Board had a memo in their agenda packet from County Administrator Brenda Garton recommending a 4% merit pay increase for county employees. He noted that since the drafting of the original memo, staff had received additional information from the school system regarding their proposed 5.5% increase, which was broken down into a 3.1% market adjustment and 2.4% step increase for employees. He noted this information was not available to Ms. Garton when the memo was sent out. He concluded by saying staff was seeking board action regarding the proposed merit increase. Supervisor Lofton stated that he believed the updated information was in line with what he was finding; therefore, he would recommend a 2.4% merit increase. Supervisor Lofton moved to approve a 2.4% merit increase. The motion was seconded by Vice- Chairman DeHaven. Supervisor Lofton stated he appreciated Administrator Garton's efforts and she laid out a good plan in her memo. He went on to say he would like to see the Board send a recommendation to the HR Committee regarding the salary survey particularly how we flake care of employees along with the pay scale. He felt the Board needed to establish a philosophy on how they would handle pay raises in the future. He suggested tasking the HR Committee with developing that philosophy and including more objectivity. He went on to say raises should be assigned based on objective data. Supervisor Hess advised the salary survey was a step toward that policy; therefore, he felt like the process of developing a philosophy had been started. He concluded by asking if there was a need to act tonight or should it be deferred to go to the HR and Finance Committees. Chairman Shickle stated the push for an action was due to the joint agencies, particularly those for which Frederick County was fiscal agent. He noted other localities needed to know what we were doing 'so they could budget accordingly. There being no further discussion, the motion to approve a 2.4% merit increase was Minute Book Number 40 Board of Supervisors Regular Meeting of 06/10/15 341 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 OF MAY 8, 2415. (VOTE POSTPONED FROM MAY 27, 2015 BOARD MEETING.) -- APPROVED UNDER CONSENT AGENDA .. ** *Items Not Requiring Action * ** 1. Update of HR Committee Report from May 27, 2015 Board of Supervisors' Meeting. Supervisor Hess requested to the Board that the HR Committee Report from May be tabled until the June Board meeting in order to further discuss actions that were being recommended by the HR Committee. The items on the report for action are still under discussion and, as a result, it is anticipated that the report will be presented at the July Board of Supervisors' meeting. FINANCE COMMITTEE REPORT - APPROVED A Finance Committee meeting was held in the First Floor Conference Room at 107 North Kent Street on Wednesday, June 3, 2015 at 8:00 a.m. All members were present. Items 3, 4, 5, and 6 were approved under consent agenda. Upon a motion by Vice- Chairman DeHaven, seconded by Supervisor Lofton, the Board approved items 3, 4, 5, and 6 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 1. The Finance Director requests a funding discussion regarding the Northern Shenandoah Valley Substance Abuse Coalition requests for funding which will advance a number of initiative addressing substance abuse, most prominently, the creation of a Drug Court. See attached application, p. 4 -26. A consensus was met by the committee on moving forward with the FY2016 funding request. No action required. 2. The Department of Social Services requests a net General Fund supplemental appropriation in the amount of $325,600 of which, $335,600 is an increase in State/Federal dollars and $10,000 is a reduction of local funds. See attached information, p. 27 -29. The committee recommends approval. - Approved Upon a motion by Vice - Chairman DeHaven, seconded by Supervisor Wells, the Board approved the above item by the following recorded vote: Minute Book Number 40 Board of Supervisors Regular Meeting of 06/10/15 342 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 3. The Parks and Recreation Director requests a General Fund supplemental appropriation in the amount of $8,560 in order to reimburse CLEAN, Inc. for The Third Annual Glow Run 5K registrations collected on their behalf. No local funds required. See attached memo, p. 30. — Approved Under Consent Agenda 4. The Sheriff requests a General Fund supplemental appropriation in the _amount of 600. This amount represents a donation to the K -9 program. No local funds required. See attached memo, p. 31. -- Approved Under Consent Agenda 5. The Sheriff requests a General Fund supplemental appropriation in the amount of $32. This amount represents a reimbursement for a prisoner extradition. No local funds required. See attached information, p. 32. — Approved Under Consent Agenda 6. The Sheriff requests a General Fund supplemental appropriation in the amount of $3,183 This amount represents reimbursement from the Secret Service. No local funds required. See attached information, p. 33. — Approved Under Consent Agenda 7. The Public Works Director requests an FY 2016 General Fund supplemental appropriation in the amount of $27,000 in order to purchase a vehicle. See attached memo, p. 34. The committee recommends approval. - Approved Upon a motion by Vice- Chairman DeHaven, seconded by Supervisor Fisher, the Board approved the above item by the following recorded vote: Richard C. Shickle Aye 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. The Winchester Regional Airport requests an Airport Operating Fund supplemental apropriation in the „amount of $5.0,000 to cover anticipated cash deficit. A General Fund supplemental appropriation in the amount of $37,550 is also required for the County portion (local funds). See attached information, p. 35 -41. The committee recommends approval. - Approved Upon a .motion by Vice - Chairman DeHaven, seconded by Supervisor Fisher, the Board approved the above item by the following recorded vote: Richard C. Shickle Aye 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 9. The County Attorney requests a Lake Holiday Sanitary District Fund supplemental appropriation in the amount of $860,000 for the outstanding sanitary district taxes on 557 undeveloped lots to be acquired by Lake Holiday Country Club, Inc. See attached memo, p. 42- Minute Book Number 40 Board of Supervisors Regular Meeting of 06/10115 343 43. The committee recommends approval subject to the following: a. Bond counsel accepting the arrangement, b. Use of the appropriation is limited to the transaction involving the transfer of lots from Lake Holiday Land, Inc. to Lake Holiday Country Club, Inc., c. Payment of real estate tames in full, and d. Completion of all transactions by December 31, 2015. - Approved Upon a motion by Vice- Chairman DeHaven, seconded by Supervisor Hess, the Board approved the above item by the following recorded vote: Richard C. Shickle Charles S. DeHaven, Jr Gene E. Fisher Robert A. Hess Gary A. Lofton Jason E. Ransom Robert W. Wells Aye Aye Aye Aye Aye Aye Aye ** *INFORMATION ONLY * ** 1. The Government Finance Officers Association (GFOA) has awarded the County the Award for Outstanding Achievement for Excellence in Financial Reporting for the June 30, 2017 Comprehensive Annual Financial Report (CAFR). This is the 29 consecutive year that Frederick County has received this achievement. See attached, p. 44 -46. 2. At the request of the committee, the EDA Executive Director will provide an overview of final reporting mechanism by the Economic Development Authority (EDA) on Local Economic Development Incentive Grants (LEDIG) at the next Finance Committee meeting. DEVELOPMENT IMPACT MODEL OVERSIGHT COMMITTEE REPORT — APPROVED CRITICAL INPUTS The Development Impact Model- Oversight Committee (DIM -OC) met on Thursday, May 21, 2015 at 10:00 AM. Members Present Robert Hess Dr. John Lamanna Phil Lemieux Gary Lofton H. Paige Manuel Stephen Pettler Kris Tierney Member Absent Roger Thomas Eric Lawrence, Wayne Lee, Ellen Murphy, and Al Orndorff were present. ** *Item Requiring Action * ** The DIM -OC reviewed the critical inputs for the Annual Update of the Development Impact Model (DIM). The inputs are essential in order to maintain an updated DIM. It is important to note that the DIM is a planning tool which projects anticipated operational and capital facility costs associated with land use planning, although the DIM is also commonly referenced as the model utilized to project the capital facility costs associated with development and rezoning proposals. Upon approval of the DIM -OC's recommendation, staff will use the updated model in the consideration of land use planning analysis and for future rezoning petitions. The critical input Minute Book Number 40 Board of Supervisors Regular Meeting of 06/10/15 344 spreadsheet and resulting projected capital facilities costs are attached for your information. Upon utilizing the critical input updated figures, the DIM projects the following impacts on the County's capital facilities: NEW FY16 FYI Single Family Dwelling Unit = $19,681 $19,583 Town Home Dwelling Unit = $13,681 $13,347 Apartment Dwelling Unit — $13,880 $12,697 By unanimous vote, the DIM -OC recommends the use of the updated critical inputs, and for their incorporation into the Development Impact Model. Upon a motion by Supervisor Hess, seconded by Supervisor Lofton, the Board approved the inputs and their incorporation into the Development Impact Model. Chairman Shickle asked staff to look at how long it had been since we looked at what other localities were doing and was this model doing the job for us 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 ** *Informational Purposes Only * ** The DIM -OC briefly reviewed how the annual updated project costs were developed, and identified a few items that were deemed noteworthy of mentioning: • It was noted that the cost values utilized for the school facilities were all inclusive — turn -key costs — which included land, architectural and engineering (A &E) services, construction, and furniture and fixtures. The non - school project costs were inclusive of A &E (as applicable) and construction. • The updated figures include a $37,500,000 projected cost for a new Joint Administration Building (combined General Government and Schools) complex. When introducing this new joint project and value to the DIM, the School Board's proposed office project ($14,510,000) was removed from the DIM. • The Judicial Center Building cost of $24,065,500 is associated with estimates to renovate and /or construct an Annex to the courthouse. Please contact staff should you have questions. PLANNING COMMISSION BUSINESS PUBLIC HEARING PUBLIC HEARING - REZONING #03 -15 — MBC, LC, SUBMITTED BY GREYWOLFE INC, TO REZONE 2.96 +/- ACRES OF PROPERTY FROM B1 NEIGHBORHOOD BUSINESS DISTRICT TO B2 GENERAL BUSINESS DISTRICT WITH PROFFERS_ AND 2.36 +/- ACRES FROM B3 (INDUSTRIAL TRANSITION) DISTRICT TO B2 (GENERAL BUSINESS) DISTRICT WITH PROFFERS. THE PROPERTIES ARE LOCATED ON THE SOUTH SIDE OF ROUTE 7 APPROXIMATELY % MILES EAST OF WINCHESTER AT ECKARD CIRCLE AND ARE IDENTIFIED BY PROPERTY IDENTIFICATION Minute Book Number 40 Board of supervisors Regular Meeting of 06/10/15 345 NUMBERS 55 -A -34 AND 55 -A -34A IN THE RED BUD MAGISTERIAL DISTRICT. — {RESOLUTION #090 -15) - APPROVED Deputy Planning Director Michael Ruddy appeared before the Board regarding this item. He advised this was an application to rezone 2.96 acres +I- to B2 (General Business) District with proffers. The property is located on the southern side of the Route 7 corridor in the Red Bud Magisterial District. He noted the proposed uses are generally consistent with the Comprehensive Plan. He noted the applicant has proffered a contribution to off -site pedestrian improvements based upon an increased intensity of the use of this site. Deputy Director Ruddy advised that all B2 uses would be allowed. The applicant did not provide a generalized development plan. The Planning Commission recommended approval of this rezoning application. He concluded by saying the applicant has provided a revised proffer statement dated June 1, 2015, which addresses VDOT's comments. Supervisor Ransom expressed concern about people pulling into the parking lot and backing up traffic on eastbound Route 7. He asked about a turn lane. Deputy Director Ruddy responded that the proffer statement includes a turn lane analysis and allows for a turn lane to be installed, if needed. Supervisor Ransom asked if the applicant was proposing to keep the tree line. Deputy Director Ruddy advised the applicant had not committed to keeping the trees, but they would put in the required buffers and screening. Gary Oates, GreyWolfe, Inc., advised the owner was not proffering money for transportation improvements because the vehicle trips per day for a car Iot were the same as the existing use (i.e. model home lot). The applicant has proffered out the use of Eckard Lane. He noted the applicant was not keeping the existing trees because most of them were "junk trees ". He went on to say the proposed business would be screened from the existing mobile home park. He showed the proposed storm water management area on the side lot. He concluded by saying after installing the buffers and setbacks that only a 3 /4 acre site would be left. Chairman Shickle convened the public hearing. There were no public comments. Chairman Shickle closed the public hearing. Supervisor Ransom stated he would like to see the proffered monetary contribution go to something other than pedestrian improvements, Mr. Oates advised that the proffers, as currently written, designated the contribution for Minute Book Number 40 Board of Supervisors Regular Meeting of 06/10/15 346 pedestrian improvements; however, the applicant would be willing to change that designation, if the Board was agreeable. Deputy Director Ruddy stated the applicant could note on the proffer statement that the contribution would be for general transportation corridor improvements. Upon a motion by Supervisor Ransom, seconded by Supervisor Hess, the Board approved Rezoning 03 -15 with the proffer statement, as modified, with a contribution toward general transportation corridor improvements. WHEREAS, Rezoning #03 -15, MBC, LC, submitted by GreyWolfe, Inc., to rezone 2.96 acres from 133 (Industrial Transition) District with restrictive proffers and the MH1 (Mobile Home Community) District with proffers to the B2 (General Business) District to accommodate commercial uses, dated February 26, 2015, last revised on June 1, 2015, was considered. The property is located on the southern side of Route 7 and 3 /a miles east of Winchester at Eckard Circle. The property is further identified with PIN(s) 55 -A -34 and 55 -A -34A in the Red Bud Magisterial District; and WHEREAS, the Planning Commission held a public hearing on this rezoning on May 6, 2015 and recommended approval; and WHEREAS, the Board of Supervisors held a public hearing on this rezoning on June 10, 2015; and WHEREAS, the Frederick County Board of Supervisors finds the approval of this rezoning to be in the best interest of the public health, safety, welfare, and in conformance with the Comprehensive Policy Plan. NOW, THEREFORE, BE IT ORDAINED by the Frederick County Board of Supervisors, that Chapter 165 of the Frederick County Code, Zoning, is amended to revise the Zoning District Map to rezone 2.96 acres of land from B3 (Industrial Transition) District with restrictive proffers and the MH1 (Mobile Home Community) District with proffers to the B2 (General Business) District to accommodate commercial uses. The conditions voluntarily proffered in writing by the applicant and the property owner are attached. This ordinance shall be in effect on the date of adoption. Passed this 10 day of June, 2015. 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 OTHER PLANNING ITEMS REZONING #05 -14 — CB VENTURES, LLC, SUBMITTED BY CB VENTURES LLC, TO REZONE 2.42 ACRES_ OF PROPERTY FROM B1 (NEIGHBORHOOD BUSINESS) DISTRICT TO B2 (GENERAL BUSINESS) DISTRICT WITH PROFFERS. THE PROPERTY IS LOCATED AT 1033 AYLOR ROAD IN STEPHENS CITY AND IS IDENTIFIED BY PROPERTY IDENTIFICATION NUMBERS 74-((A))-104 AND 74 -((A)) -1.05 IN THE OPEQUON MAGISTERIAL DISTRICT _ (VOTE POSTPONED FROM BOARD MEETINGS OF MARCH 11, Minute Book Number 40 Board of Supervisors Regular Meeting of 06110/15 347 2015 AND MAY 13 2015. — APPLICATION WITHDRAWN AT THE APPLICANT'S REQUEST DISCUSSION OF FARM BREWERIES AND DISTILLERIES IN THE RA RURAL AREAS) ZONING DISTRICT -- RESOLUTION #091 -15 - SENT FORWARD FOR PUBLIC HEARING Senior Planner Candice Perkins appeared before the Board regarding this item. She advised this was a proposed ordinance revision to allow farm breweries and distilleries in the Rural Areas Zoning District. The proposed ordinance changes include the following: - Addition of Farm Breweries and Distilleries, with updated and new definitions; - Addition of on -site sales, tasting during regular business hours; - Kitchen and catering activities related to the business; - Removal of the site plan requirement and addition of an illustrative sketch plan requirement; and - Revision to the special events allowance to decrease the number of people permitted onsite without a festival permit from 150 to 100 (consistent with the County Code requirement for festival permits). She concluded by saying the Planning Commission agreed with the proposed changes and sent this item forward for the Board's review. Chairman Shickle asked staff to specifically cite or reference the Code of Virginia where applicable instead of including their specific requirements in the Zoning Ordinance. This would reduce the number of times the County Code would need to be amended if the State Code provisions were to change and, second, it helped clarify what was a State Code requirement and what was a Frederick County requirement. Vice - Chairman DeHaven stated it was tough to find a balance of letting these business owners do what they want to do. He noted facilities such as these would become destinations and the proposed ordinance seemed restrictive to him. He went on to say there may be ways to keep these uses from becoming so large as to be a concern. He concluded by saying he supported staff s efforts to minimize the process for folks, Chairman Shickle suggested staff take out the specific provisions that are required by the State Code so he "would not have to defend them ". Upon a motion by Supervisor Hess, seconded by Vice - Chairman DeHaven, the Board approved the resolution directing the Planning Commission to hold a public hearing regarding Chapter 165, Zoning, Part 401 -- RA Rural Areas District, §165-401.02 — Permitted Uses; Part 204 — Additional Regulations for Specific Uses, Article 11 — Supplementary Use Regulations, Minute Book Number 40 Board of Supervisors Regular Meeting o105110/15 Parking, Buffers, and Regulations for Specific Uses; §165- 204.22 — Farm Wineries, Farm Breweries, and Farm Distilleries; Part 101 — General Provisions, Article I — General Provisions, Amendments, and Conditional Use Permits, §165 - 101.02 — Definitions and Word Usage, with staff to remove the specific State Code provisions. WHEREAS, the Frederick County Planning Department has drafted revisions to the farm winery text to include allowances for farm breweries and farm distilleries, along with new and updated definitions and revised regulations; and WHEREAS, the Development Review and Regulations Committee (DRRC) reviewed the changes at their April 23, 2015 meeting and agreed with the revisions and sent the item forward for review by the Planning Commission and Board of Supervisors; and WHEREAS, the Planning Commission discussed the revised change at their regularly scheduled meeting on May 20, 2015 and agreed with the revised change; and WHEREAS, the Board of Supervisors discussed the revised change at their regularly scheduled meeting on June 10, 2015; and WHEREAS, the Frederick County Board of Supervisors finds that in the public necessity, convenience, general welfare, and good zoning practice directs the Frederick County Planning Commission hold a public hearing regarding an amendment to Chapter 165; and NOW, THEREFORE, BE IT REQUESTED by the Frederick County Board of Supervisors that the Frederick County Planning Commission shall hold a public hearing to include allowances for farm breweries and farm distilleries, new and updated definitions, and other minor changes. Passed this 10 day of June, 205 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 DISCUSSION OF SITE PLAN REVISIONS AND ADDITIONS TO THE ZONING ORDINANCE — RESOLUTION #092 -15 - SENT FORWARD FOR PUBLIC HEARING Senior Planner Candice Perkins appeared before the Board regarding this item. She advised this was a proposed zoning amendment to include provisions for minor site plans, as well as inclusion of a new illustrative sketch plan. The proposed illustrative plans would be applicable to farm wineries, breweries, and distilleries. She noted there were no fees associated with the sketch plan. She concluded by saying the Planning Commission agreed with the proposed changes and sent this item forward to the Board. Upon a motion by Vice- Chairman DeHaven, seconded by Supervisor Lofton, the Board approved the resolution directing the Planning Commission to hold a public hearing regarding Chapter 165, Zoning, Article VIII Development Plans and Approvals, Part 802- Site Plans, §165- Minute Book Number 40 Board of Supervisors Regular Meeting of 06110115 M 10 802.01 Activities Requiring Site Plans; Article 1 General Provisions; Amendments; and Conditional Use Permits, Part 101 — General Provisions, §165- 101.02 Definitions & Word Usage. WHEREAS, the Frederick County Planning Department has drafted revisions to Part 802 of the Zoning Ordinance to include provisions for minor site plans, illustrative sketch plans and updated and new definitions for minor site plans and illustrative sketch plans; and WHEREAS, the Development Review and Regulations Committee (DRRC) reviewed the changes at their April 23, 2015 meeting and agreed with the revisions and sent the item forward for review by the Planning Commission and Board of Supervisors; and WHEREAS, the Planning Commission discussed the revised change at their regularly scheduled meeting on May 20, 2015 and agreed with the revised change; and WHEREAS, the Board of Supervisors discussed the revised change at their regularly scheduled meeting on June 10, 2015; and WHEREAS, the Frederick County Board of Supervisors finds that in the public necessity, convenience, general welfare, and good zoning practice, directs the Frederick County Planning Commission hold a public hearing regarding an amendment to Chapter 165; and NOW, THEREFORE, BE IT REQUESTED by the Frederick County Board of Supervisors that the Frederick County Planning Commission shall hold a public hearing to include provisions for minor site plans, illustrative sketch plan, and updated and new definitions for minor site plans and illustrative sketch plans. Passed this 10'' day of June, 2015 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 BOARD LIAISON REPORTS There were no Board liaison reports. CITIZEN COMMENTS Shawn Graber, Back Creek District, asked "when is enough enough ?" He stated the Board was spending money that was not budgeted. He advised that he had a friend who showed the fire chief how to save overtime costs, but nothing has been done and this has cost the taxpayers a considerable amount of money. He cited the Winchester Regional Airport's finances and stated they needed to look at cutting employees and equipment in order to save money. With regard to the fourth high school, there has been no public hearing on this matter and the public should have input on whether or not to spend this amount of money. He concluded by saying if we "don't stick to a budget then all it is good for is the trash can." BOARD OF SUPERVISORS COMMENTS Minute Book Number 40 Board of Supervisors Regular Meeting of 06/10/15