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January 27 2016 Regular Meeting Minutes�� A Regular Meeting of the 1�"rederick County Board of Supervisors was held on Wednesday, January 27, 2016 at 7 ;00 P.M., in the Board of Supervisors' Meeting Raom, 107 �iorth Kent Street, Winchester, Virginia. PRESENT Chairman Charles S. DeHaven, Jr.; Vice- Chairran Gene E. Fisher; Blaine P. Dunn; Robert A. Hess; Gary A. Lofton; Judith McCann - Slaughter; and Robert W. Wells. CALL TO ORDER Chairman DeHaven called the meeting to order. INVOCATION Supervisor Hess delivered the invocation. PLEDGE OF ALLEGIANCE Supervisor ljisher led the Pledge of Allegiance. ADOPTION OF AGENDA - APPROVED Upon a oration by Supervisor Hess, seconded by Supervisor Lofton, the Board approved the agenda by the following recorded vote: Charles S. DeHaven, Jr. Aye Blaine P. Dunn Aye Gene E. Fisher Aye Robert A. Hess Aye Gary A. Lofton Aye Judith McCann - Slaughter Aye Robert W. Wells Aye CONSENT AGENDA — APPROVED Upon a motion by Supervisor Lofton, seconded by Supervisor Dunn, the Board approved the following items under the consent agenda: - Approval of Employment Contract for County Attorney —Tab D; - Resolution Declaring a Local Emergency —Tab E; and - Parks and Recreation Commission Report —Tab F. The above rrlotion was approved by the following recorded vote: Charles S. DeHaven, Jr. Aye Blaine P. Dunn Aye Gene E. Fisher Aye Robert A. Hess Aye Gary A. Lofton Aye Judith McCann - Slaughter Aye Robert W. Wells Aye CITIZEN COMMENTS Minute Book Number 41 Board of supervisors Regular Meeting of 01/27/16 rr.cc C��.7 There were no citizen comments. BOARD OF SUPERVISORS COMMENTS There were no Board of Supervisors' comments. MINUTES - AFPROVED Upon a motion by Supervisor Hess, seconded by Supervisor Slaughter, the Board approved the minutes from the January 13, 2016 closed session and regular meeting. The above motion was approved by the following recorded vote: Charles S. DeHaven, Jr. Aye Blaine P. Dunn Aye Gene E. Fisher Aye Robert A. Hess Aye Gary A. Lofton Aye Judith McCann - ,Slaughter Aye Robert W. 'Dells Aye COUNTY OFFICIALS COMMITTEE APPOINTMENTS REAPPOINTMENT OF NATALIE GEROMETTA AS GAINESBORO DISTRICT REPRESENTATIVE TO THE PARKS AND RECREATION COMMISSION - APPROVED Upon a motion by Supervisor Hess, seconded by Supervisor Fisher, the Board reappointed Natalie Gerometta as the Gainesboro District representative to the Parks and Recreation Commission. This is a four year appointment. Term expires February 13, 2020. The above motion was approved by the following recorded vote: Charles S. DeHaven, Jr. Aye Blaine P. Dunn Aye Gene E. Fisher Aye Robert A. Hess Aye Gary A. Lofton Aye Judith McCann - Slaughter Aye Robert. W. Wells Aye RE VEST FROM COMMISSIONER OF THE REVENUE FOR REFUND - APPROVED County Administrator Brenda Garton advised this was a request from the Commissioner of the Revenue to authorize the Treasurer to refund a taxpayer the amount of $7,065,10 for 2011, 2012, 2013, 2014, and the frst half of 2015 real estate taxes, based on proper filing of proof of 100 ° /a permanent and total disability directly due to military service, as required under the Virginia Code change as a result of the Constitutional amendment that took effect for 2011. Upon a motion by Supervisor Slaughter, seconded by Supervisor Hess, the Board approved the refund request and supplemental appropriation. Minute Book Number 41 Board of Supervisors Reguisr Meeting of Ol/27f16 22� The above motion was approved by the following recorded vote: Charles S. DeHaven, Jr. Aye Blaine P. Dunn Aye Gene E. Fisher Aye Robert A. Hess Aye Gary A. Lofton Aye Judith McCann - Slaughter Aye Robert W. Wells Aye APPROVAL OF EMPLOYMENT CONTRACT FOR COUNTY ATTORNEY — APPROVED UNDER CONSENT AGENDA RESOLUTION #053W16 DECLARING A LOCAL EMERGENCY — APPROVED UNDER CONSENT AGENDA WHEREAS, the Board of Supervisors ofthe County of Frederick does hereby find that: 1. Due to severe weather that is forecasted for Frederick County and directly related to pending winter storm with the expectation of wide spread and numerous and perhaps long term power outages due to high winds associated with the winter storm; 2. Due to the severe weather associated with the pending winter storm and the expectation of impaired travel and access; 3. Due to severe weather associated with the pending winter storm, a condition of extreme peril of life and property necessitates the proclamation of the existence of an emergency; NOW, THEREFORE, IT IS HEREBY PROCLAIMED by the Board of Supervisors of the county of Frederick, Virginia that an emergency exists throughout the county, and IT IS FURTIIER PROCLAIMED AND ORDERED that due to the above stated circumstances, and after consultation with the Coordinator and Deputy Coordinator {s} of Emergency Management, the Director of Emergency Management declared a local emergency pursuant to Section 44.146.21 of the Code of Virginia on January 21, 2016. This local emergency declaration remained in effecfi until January 25, 2016 during which time the powers, functions, and duties of the Director of Emergency Management and the Emergency Services Organizations of the County of Frederick shall be those prescribed by state law and the ordinances, resolutions, and approved plan of the County of Frederick in order to mitigate the effects of said emergency. ADOPTED this 27th day of January 2016. COMMITTEE REPORTS PARKS AND RECREATION COMMISSION REPORT — APPROVED UNDER CONSENT AGENDA The Parks and Recreation Commission met on January 12, 2016. Members present were: Kevin Anderson, Patrick Anderson, Randy Carter, Natalie Gerometta, Gary Longerbeam, Ronald Madagan, Charles Sandy, Jr., and Blaine Dunn Items Requiring Board of Supervisors Action: None Submitted for Board Information Only: 1. Election of Chairperson --- Mr. Madagan moved io nominate Mr. Gary Longerbeam as Chairperson, second by Mr. Patrick Anderson, motion carried unanimously {7 -0 }. Minute Bank Number 41 Board of Supervisors Regular Meeting of Q1/27/16 GG� 2. Election of VYCe- Chairperson -� Mr. Madigan moved to nominate Mr. Randy Carter as Vice - Chairperson, second by Mr. Kevin Anderson, motion carried unanimously (7 -0 }. 3. Meeting Date, Time, and Place — Tabled until next month's meeting. 4. Youth Sports Partner Agreements —The Youth Sports Partners /Appeals/Public Relations Committee recommended accepting the attached Youth Sports Partners Agreements as submitted, second by Mr. Madigan, motion carried unanimously (7 -0). FINANCE C[MMITTEE REPQRT - APPROVED A Finance Committee meeting was held in the First Floor Conference Room at 107 North Kent Street on Wednesday, January 20, 2016 °at 8:00 a.m. There was an Audit Committee meeting immediately following. Directly after, a Budget Work Session was held. All members were present. FINANCE COMMITTEE 1. The Finance Director requests a General Fund supplemental appropriation in the amount of $1,,141.72. This amount represents unspent FY15 VJCGCA funds to be returned to the State. See attached letter, p. 3. The committee recommends approval. — Approved. Upon a motion by Supervisor Slaughter, seconded by Supervisor Lofton, the Board approved the above request by the following recorded vote: Charles S. DeHaven, Jr. Aye Blaine P. Dunn Aye Gene E. Fisher Aye Robert A. Hess Aye Gary A. Lofton Aye Judith McCann - Slaughter Aye Robert W. Wells Aye 2. The Registrar requests a General Fund supplemental appropriation,.in the amount of $1,194.91. This amount represents a reimbursement for expenses related to relocating the Russells precinct polling place for the November 3, 2015 election due to the incomplete construction of the Round Hill Fire Department. No local lands required. See attached information, p. 4 — 5. The committee recommends approval. — Approved. Upon a motion by Supervisor Slaughter, seconded by Supervisor Wells, the Board. approved the above request by the following recorded vote: Charles S. DeHaven, Jr. Aye Blaine P. Dunn .4ye Gene E. Fisher Aye Robert A. Hess Aye Gary A. Lofton Aye Judith McCann- Slaughter Aye Robert W. Wells Aye 3. The Sheriff requests a General Fund supplemental apprapriation in „the amount. of $1.5,375.18. This amount represents reimbursement for two auto claims. See attached memo, p. 6 — 7. The committee recommends approval. — Approved. Upon a motion by Supervisor Slaughter, seconded by Supervisor Hess, the Board approved the above request by the following recorded vote: Charles S. DeHaven, Jr. Aye Minute Book Number 41 Board of Supervisors Regular Meeting of 01 /27/16 229'E Blaine P. Dunn Aye Gene E. Fisher Aye Robert A. Hess Aye Gary A. Lofton Aye Judith McCann - Slaughter Aye Robert W. Wells Aye AUDIT COMMITTEE — no action required 1. Per the request of the committee during the last review of the Finance Committee Chartex, Chris Banta from Brown, Edwards &Company, LLP will be present to discuss the internal audit process. The last internal audit is included for information, p. 8 — 21. The committee heard an overview of the audit process from Mr. Banta. BUDGET WORK SESSION — na action required 1. Information is provided for discussion on the FY 2017 budget. See attached information, p. 22 — 168. The committee heard an overview from the County Administrator of the information provided. INFORMATION ONLY 1. The Finance Director provides a Fund 10 Transfer Report for December 2015. See attached, p. 169. 2. The Finance Director provides an FY 2016 Fund Balance Report ending January 14, 2016. See attached, p. 170. 3. The Finance Director provides financial statements for the month ending December 31, 2015. See attached, p. 171 — 181. PLANNING COMMISSION BUSINESS PUBLIC HEARING PUBLIC HEARING - REZONING #12 -I S CROSSPOINTE CENTER SUBMITTED BY PENNONI ASSOCIATES, TO REZONE 58.30 +/- ACRES FROM RP (RESIDENTIAL PERFORMANCE) DISTRICT TO B2 (GENERAL BUSINESS) DISTRICT AND 72.47 +/- ACRES FROM B2 (GENERAL BUSINESS} DISTRICT TO RP RESIDENTIAL PERFORMANCE DSITRICT WITHIN THE CROSSPOINTE CENTER DEVELOPMENT, REZONING #13 -03, AND TO AMEND THE PROFFERS ASSOCIATED WITH REZONING #13 -03. THE PROPERTIES ARE LOCATED EAST AND ADJACENT TO I -8l EXIT 310 LANE. THE__ _ _PROPERTIES ARE IDENTIFIED WITH PROPERTY IDENTIFICATION NUMBERS 75 -A -89, 75- A -89A, 75 -A -91, 75 -A -92, 75 -A =95, 75 -A -96, AND A PORTION OF 75 -A -90 AND 75 -A -94 IN THE SHAWNEE MAGISTERIAL DISTRICT. — SOLUTION # 054 -16 - AFPROVED Director of Planning and Development Michael Ruddy appeared before the Board regarding this item. He advised this was a proposal to rezone 58.30 acres +/- from RP (Residential Performance) to B2 (General Business) and 72.47 acres +1- from B2 (General Business) to RP (Residential Performance) and to amend the proffers associated with rezoning #13 -03. Director Ruddy noted the Board received a revised proffer statement with a revision date of January 27, 2016. The new proffer statement reflected changes to the lire and rescue proffers and provided for start -up money for the homeowners' associations. The new rezoning Minute Book Number 41 Board of Supervisors Regular Meeting of 01127J16 230 proposes an increase in commercial development from 960,00 square feet to 1,088,000 square feet. The proposal calls for the construction of 1,578 resident units. Director Ruddy noted this proposal was consistent with the current land use plan in the Comprehensive Plan. Deputy Planning Director — Transportation .lohn Bishop reviewed the Transportation proffers and plan. He stated most of the commercial development would be built first. He noted that VDOT approved the�revised proffers. Director Ruddy stated the- applicant had taken steps to address additional impacts. He noted the proposed commercial revenue would offset the residential units and that 200 units with an age - restricted condition had been removed. He went on to say the new proffer provides far the reservation of an area for local government services versus a dedication of land. He advised that staff was seeking direction from the Board as to whether or not that change was acceptable. He concluded by saying the Planning Commission discussed this proposal and ultimately recommended approval. Supervisor Lofton asked if the removal of the 200 units dedicated to senior housing would preclude age restricted. Director Ruddy responded no. Supervisor Lofton noted the Sewer and Water Service Area boundary did not follow the property and asked if that would pose a problem. Director Ruddy responded no. Supervisor Dunn asked about the contribution to fire and rescue and whether the amounts increased or decreased. Director Ruddy responded that the amounts were not modified only where the contribution would be designated. The money would now come to the countylboard of supervisors. John Foote, Walsh Collucci, appeared before the Board on behalf of the applicant. He advised the new proposal moves the commercial development forward on the property and shifts the residential development to the rear. He noted the traffic movement remains the same. The applicant will perform a T1A at 370,000 square feet. The proposed proffer changes give the county mare flexibility with regard to the fire and rescue proffers. The proffers contain an escalation clause far the cash proffers. He noted the project would take years to develop. He concluded by saying age - restricted housing is an option. Minute Book Number 41 Board of supervisors Regular Meeting of U1127l16 �� Supervisor Slaughter asked if the commercial square footage and a certain number of houses have to be completed before the developer moves from one phase into another. Mr. Foote responded no. Supervisor Slaughter asked if the County would have the tax base of the commercial square footage before the developer moves to.another phase, Mr. p'oote responded yes. Chairman DeHaven convened the public hearing. There were no public comments. Chairman DeHaven closed the public hearing, Upon a motion by Supervisor Fisher, seconded by Supervisor Hess, the Board approved rezoning 12 -15 with the revised proffers dated January 27, 2016. WHEREAS, Rezoning #12 -15, of Glaize Developments, Incorporated, submitted by Pennani Associates to rezone 58.30 + /- acres from RP {Residential Performance) District to B2 (General Business} District and 72.47 +I - acres from B2 {General Business) District to RP (Residential Performance) District within the Crosspointe Center Development {Rezoning #13- 03), and. to amend the proffers associated with Rezoning #13 -03, final revision date January 4, 2016 was considered. The properties are located east and adjacent to I -81 Exit 310 Interchange, and adjacent to Tasker Road and Hallandale Lane. The properties are further identif ed with PIN(s} 75 -A -89, 75- A -89A, 7S -A -91, 75 -A -92, 75 -A -95, 75 -A -96 and a portion of 75 -A -90 and 75 -A -94 in the Shawnee Magisterial District_ WHEREAS, the Planning Commission held a public hearing on This rezoning on January 6, 2016 and recommended approval; and WHEREAS, the Board of Supervisors held a public hearing on this rezoning on January 27, 2016; 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 an conformance with the Comprehensive Policy Plan; NOW, THEREFORE, BE IT QRDAINED by the Frederick County Board of Supervisors, that Chapter 165 of the Frederick County Cade, Zoning, is arrxended to revise the Zoning District Map to rezone 58.30 + /- acres from RP {Residential Performance) District to B2 (General Business} District and 72.47 + /- acres from B2 (General Business} District to RP (Residential Performance) District within the Crosspoante Center Development (Rezoning #13- 03), and to amend the proffers associated with Rezoning #13 -03, final revision date January 4, 2016. 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 27th day of January, 2016 by the following recorded vote: Charles S. DeHaven, Jr. Aye Blaine P. Dunn Aye Gene E. Fisher Aye Robert A. Hess Aye Gary A. Lofton Aye Judith McCann - Slaughter Aye Miuute Book Number 41 Board of Supervisors Regular Meeting of o1 /27116 232 Robert W. Wells Aye OTHER PLANNING ITEMS DISCUSSION — 2016 -2{}17 CAPITAL IMPROVEMENTS PLAN CIP — NO ACTION TAKEN Director of Planning Michael Ruddy appeared before the Board regarding this item. He advised this was a discussion of the 2016 -2017 Capital Improvements Plan (CIP }. He noted the Planning Commission reviewed this document and determined that it conforms to the Comprehensive Plan. He went on to say staff was seeking additional comments from the Board and approval to move it forward to public hearing. He noted the 20162017 Plan contains 89 projects and this year this was an effort to link the document to the County's budget process. He stated the number of school projects had been reduced from last year. He concluded by saying staff was seeking direction from the Board regarding public hearing, Chairman DeHaven stated that he thought the format clouded the picture and built unrealistic expectations. He went on to say that linking it with the budget seemed to make it something more than it was designed to be, which is a planning document. He stated he was opposed to linking it to the budget because it would work against us in a lot of areas. Vice - Chairman Fisher agreed with Chairman DeHaven's remarks. The Board took no action on the request. BOARD LIAISON REPORTS Supervisor Hess reported that the Northern Shenandoah Valley Regional Commission hired a new Executive Director. He reported that he attended the meeting of the tourism board and was impressed with the energy of the new director and the cooperation of the board members. CITIZEN COMMENTS Shawn Graber, Back Creek District, addressed the Board regarding the $18.5 million dollar requested increase in the school budget. He asked the Board to consider the tax payers as they work through the budget process.. COUNTY ADMINISTRATOR COMMENTS Administrator Garton congratulated Mike Ruddy 'on his hiring as the new director of planning and development. She also thanked the Frederick County public safety employees far all the work they do and the work they did before, during, and after the blizzard. BOARD OF' SUPERVISORS COMMENTS Minute Book Number 41 Board of Supervisors Regular Meeting of Q1 /27116 zss Supervisor Hess reported that he attended the Fire Academy graduation. He stated there were 11 graduates and it was an impressive ceremony. Supervisor Dunn advised that, as part of the budget discussions, he would be looking to see if there were ways to cut down the principal on our debt. ADJOURN UPON A MOTION BY VICE - CHAIRMAN FISHER, SECONDED BY SUPERVISOR LOFTON, THERE BEING NO FURTHER BUSINESS TO COME BEFORE THIS BOARD, THIS MEETING IS HERESY ADJOURNED. (8:15 P.M.) ��, , � �"_ Charles S. DeHaven, Jr. Chairman, Board of Supervisors Brenda G. Garton Clerk, Board of Supervisors Minutes Prepared By: � " Jay EJ Ti bs 1 Deputy Clerk, Board of Supervisors Minute Book Number 41 Board of supervisors Regular Meeting of 01/27/16