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February 24 2016 Regular Meeting Minutes252 A Regular Meeting of the Frederick County Board of Supervisors was held on Wednesday, February 24, 2016 at 7:00 P.M,, in the Board of Supervisors' Meeting Room, 107 Narth Kent Street, 'Winchester, Virginia.. PRESENT Chairman Charles S. DeHaven, Jr.; Vice - Chairman 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 Pastor Ross Halbersma, New Hope Church, delivered the invocation. PLEDGE OF ALLEGIANCE Supervisor Fisher led the Pledge of Allegiance. Chairman DeHaven recognized Tim Braghini, Scoutmasters anal the members of Bay Scout Troop 31. ADOPTION OF AGENDA — APPROVED County Administrator Brenda Garton suggested the Board move the request from Frederick County Schools to participate in the Spring 2016 VPSA Bond Sale until after the budget amendment public hearing. Upon a motion by Supervisor Slaughter, seconded by Supervisor Hess, the Board approved the agenda as amended 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 Fisher, seconded by Supervisor Lofton, the Board approved the following items under the consent agenda: - Minutes -- Regular Meeting of January 27, 2016; Budget Work Session of February 3, 2016; Budget Work Session of February 10, 2016; and Regular Meeting of February 10, 2016; -Tab A; - Proclamation re: April 1 -7, 2016 as Local Government Education Week —Tab B; - Technology Corr�mittee Report —Tab F; and mrnute book Number 91 Board of Supervisors Regular Meeting of U2f24/l6 �I - Joint Finance Committee Report —Tab G. 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 CITIZEN COMMENTS There were no citizen comments. BOARD OF SUPERVISORS COMMENTS There were no Board of Supervisors' comments. MINUTES — APPROVED UNDER CONSENT AGENDA The minutes from the Regular Meeting of January 27, 2016, Budget Work Session of February 3, 2016, Budget Work Session of February 10, 2016, and Regular Meeting of February 10, 2016 were approved under the consent agenda. COUNTY OFFICIALS P_R_O_CLAMATION ( #002 -161 RE: APRIL 1 -7, 2016 AS LOCAL GOVERNMENT EDUCATION WEEK — APPROVED UNDER CONSENT AGENDA WHEREAS, since the colonial period, the Commonwealth of Virginia has closely held the institutions of local government; and WHEREAS, local governments throughout the Commonwealth provide valuable services to the citizens of the communities they serve; and WHEREAS, citizen services such as, law enforcement, public health and safety, recreational opportunities, and educating local children, are most often delivered at the local level; and WHEREAS, in recognition of the work performed by local governments, the Virginia General Assembly, on February 2'9, 2012, designated the first week in April as Local Government Education Week in Virginia; and NOW, THEREFORE, BE IT PROCLAIMED, by the Board of Supervisors of the County of Frederick, Virginia, that April 1 -7, 2016 is hereby designated as Local Government. Education Week; and BE IT FURTHER PROCLAIMED that the Board of Supervisors of the County of Frederick, Virginia and the Frederick County School Board will partner to promote civic education and engagement in an effort to educate citizens about their local government, strengthen the sense of community, and engage the next generation of local government managers. ADOPTED this 24'h day of February, 2016. EMPLOYEE OF THE MONTH AWARD RESOLUTION #055 -16 - APPROVED Minute Book Number 41 Board of supervisors Regular Meeting of Q2124116 1 C��- Upon a motion by Supervisor Hess, seconded by Supervisor Dunn,. the Board approved Jeff Jerome as Employee of the Month for February 2016. WHEREAS, the Frederick County Board of Supervisors recognizes that the County's employees are a mast important resource; and, WHEREAS, on September 9, 1992, the Board of Supervisors approved a resolution which established the Employee of the Month award and candidates for the award may be nominated by any County employee; and, WHEREAS, the Board of Supervisors selects one employee from those nominated, based on the merits of outstanding performance and productivity, positive job attitude and other noteworthy contributions to their department and to the County; and, WHEREAS, Jeff Jerome who serves as a Recreation Technician at Redbud Run Elementary School where he leads the before and after school basicREC program fox the Parks and Recreation Department was nominated for Employee of the Month; and, WHEREAS, on December 17, 201 S, at the holiday party for the kids attending the program, Jeff was alerted to a participant choking on a piece of food. He responded immediately to the struggling child and performed the Heimlich Maneuver to free the piece of food from the child's airway to avoid a tragic outcome. Jeff responded appropriately and timely to this TRUE emergency and used his training and expertise to solve a traumatic event in a matter of seconds. Jeff showed that the training the Frederick County Parks and Recreation Department puts each staff person through is vitally important,. NOW, THEREFORE, BE IT RESOLVED, by the Frederick County Board of Supervisors this 24th day of February, 2016; that Jeff Jerome is hereby recognized as the Frederick County Employee of the Month for February 2016; and, BE IT FURTHER RESOLVED, that the Board of Supervisors extends gratitude to Jeff Jerome for his outstanding performance and dedicated service and wishes him continued success in future endeavors; and, BE IT FURTHER RESOLVED, that Jeff Jerome is hereby entitled to all of the rights and privileges associated with this award. 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 COMMITTEE APPOINTMENTS APPOINTMENT OF MICHAEL RUDDY TO THE MPO TECHNICAL ADVISORY COMMITTEE fTAC�= APPROVED Upon a motion by Supervisor Slaughter, seconded by Supervisor Hess, the Board appointed Michael Ruddy, Planning Director, to the MPO Technical Advisory Committee {TAC). The above motion was approved by the following recorded vote: Charles S. DeHaven, Jr. Aye Minute Book Number 41 Board of Supervisors Regular Meeting of 02/24/16 G�� Blaine P. Dunn Aye Gene E. Fisher Aye Robert A. Hess Aye Gary A. Lofton Aye Judith McCann - Slaughter Aye Robert W. Wells Aye APPOINTMENT OF DEBORAH $LACKWELL TO FILL THE UNEXPIRED TERM OF BLAINE J. "JACK" ALKIRE AS FREDERICK COUNTY REPRESENTATIVE TO THE NORTHWESTERN COMMUNITY SERVICES BOARD - APPROVED Upon a motion by Supervisor Lofton, seconded by Supervisor Wells, the Board appointed Deborah Blackwell to fill the unexpired term of Blaine J. "Jack" Alkire as Frederick County representative to the Northwestern Gornmunity Services Board. This is a three year appointment. Term expires December 31, 2017'. 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 REAPPOINTMENT OF J, STANLEY CROCKETT AS STONEWALL DISTRICT REPRESENTATIVE TO THE FLANKING COMMISSION - APPROVED Upon a motion by Supervisor Slaughter, seconded by Supervisor Wells, the Board reappointed J. Stanley Crockett as Stonewall District representative to the Planning Commission. This is a four year term. Term expires February 12, 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 REAPPOINTMENT OF JUDY WOLFREY AS MEMBER -AT -LARGE TO THE EXTENSION LEADERSHIP COUNCIL - APPROVED Upon a motion by Supervisor Lofton, seconded by Supervisor Hess, the Board reappointed Judy Wolfrey as Member -At -Large to the Extension Leadership Council. This is a four year appointment. Term expires Apri124, 2020.. The above motion was approved by the following recorded vote: Charles S. DeHaven, Jr. Aye Blaine P. Dunn Aye Minute Book Number 41 Board of Supervisors Regular Meeting of 02/24/16 C�CJ Gene E. Fisher Aye Robert A. Hess .Aye Gary A. Lofton Aye Judith McCann - Slaughter Aye Robert W. Wells Aye COMMITTEE REPORT TECHNOLOGY COMMITTEE REPORT — APPROVED UNDER CONSENT AGENDA The Board of Supervisors Information Technology Committee met in the First Floor Conference Roorn at 8;15 a.m. on Tuesday, February 9, 2016. All members were present with the exception of citizen representative Lorin Sutton. 1. None ** *Items Requiring Board Action *'"* * *rtltems NOT Requiring Board Action * ** 1. Mr. Fly, Interim IT Director, presented the Committee with information regarding the virtualization S year refresh update for purposes of replacing end of life enterprise equipment, disaster recovery ,expanded storage, development environment, and virtual desktop enterprise. 2. Ms. Nugent presented the Committee with information regarding the FY16 -17 PC Refresh. 3. Mr. Fly presented the Committee with the Information Technologies FY 16 -17 budget requests. 4. Mr. Fly presented the Committee with the Information Technologies responsibilities regarding the Round Hill Fire Station Phone System. 5. Mr, Fly presented the Committee with the Information from FEMA to update the 1 DD Year Flood Plain. There being no further business,_the meeting was adjourned. JOINT FINANCE COMMITTEE REPORT — APPROVED UNDER CONSENT AGENDA The Joint Finance Committee met on Monday, February $, 2D16 at 9:DD A.M., in the Board of Supervisors' Closed Sessian Room, County Adminlstratlon Building, 1D7 North Kent Street, Winchester, Virginia. Present were Charles S, DeHaven, Jr. and Judith McCann - Slaughter, Frederick County representatives; and John Willingham, and Bill Wiley, City of Winchester representatives. Others present: Brenda G. Garton, County Administrator; Jay E. Tibbs,. Deputy' County Administrator; Kris C. Tierney, Assistant County Administrator; Eden Freeman, City Manager; Roderick B. Williams, County Attorney; Mary Blowe, Finance Director City of Winchester; Cheryl Shiffler, Finance Director, Frederick County; Corey MacKnight, Facilities Director, City of Winchester; Celeste Broadstreet, Financial Services Director, City of Winchester; Tyler Schenck., Program Manager, City of Winchester Lieutenant Mark Webber, Frederick County Sheriff s Office; Les Taylor, Winchester City Sheriff; AI Sibert, Winchester City Sheriff's Office; Justin Kerns, Executive Director of the Winchester- Frederick County Tourism Office; and Josh Janney, The i�inchester Star. Ms. Freeman called the meeting to order. X* *Far Board Information Only * ** ELECTION OF CHAIRMAN Minute Book Number 41 Board of 3uperwisors Regular Meeting of 62,'4116 25� Upon a motion by Mr. DeHaven, seconded by Mr. Wiley, Jahn Willingham was elected chairman of the Joint Finance Committee. The motion passed unanimously. JOINT JUDICIAIr CENTER CONSTRUCTION PROJECT UPDATE Winchester Facilities Director Corey MacKnight reviewed the progress of the Joint Judicial Center renovation project. He noted that phase I should be completed by mid- March. The project estimate was originally $3.7 million, but has since been revised to $3.4 million. Approximately $563,000 has been spent to date. He provided a brief overview of the remaining work and advised the entire project should be completed by October 2016. WINCHESTER SHERIFF RENOVATION RE UEST Winchester Sheriff Les Taylor stated he would like to construct an "L" shaped wall at the end of the existing counter in his office in order to provide an additional buffer between patrons and employees. He had received one bid far this project. Ms. Freeman advised this project was outside of the current renovation project. The cost would be approximately $6,000. She noted maintenance had always been a jointly shared cost between the city and county. Mr. Wiley suggested considering this as part of the renovations, if there was any extra money left from the project. Mr. DeHaven stated he would like to leave it flexible but asked that the committee communicate back and forth, as it gets closer, regarding the cost. OUTSIDE AOENC`Y UPDATE UDGET RE UESTS Ms. Shiffler and Ms. Blowe reviewed the requests received by the county and city from the various outside agencies. Ms. Blowe noted these requests have not yet gone to city council for consideration. Ms. Freeman provided a brief overview of the process the city uses to handle outside agency requests. TOURISM RE UEST FOR FY 2017 Justin Kerns, Executive Director of the Winchester- Frederick County Tourism Office, appeared, before the committee to review his department's FY 2017 budget request. He thanked both localities for historically funding tourism and then reviewed the spending numbers associated to tourism and associated taxes paid. He then provided a brief overview of the current tourism budget situation. He stated he was seeking additional funding to increase marketing and the current proposal of an additional $50,000 per locality would allow him to increase advertising to 25% of the budget. Ms. Freeman stated the city would work to try to get an increase in the budget to assist with marketing. Ms. Garton updated the committee on Frederick County's request before the General Assembly to be added io list of counties who could increase the transient occupancy tax rate up to 5 %. If the legislation were to pass then those additional monies above the current 2% rate would be allocated to tourism. Chairman Willingham asked the county to keep the dialogue open if the legislation passes. AIRPORT AUTHORITY Ms. Freeman stated, over the last two f seal years, the city has seen requests frorri the Airport to subsidize their budget due to decreased fuel sales. She suggested the Authority review the staffing and structure of the airport to try to address this issue. Mr. DeHaven expressed his desire to have a continuing discussion on this issue because the way "we" are going is not. sustainable. Minute Book Number 41 Board of supervisors Regular Meeting of 02/24/1( �. There being no further business, the meeting was adjourned at 4;4$ a.m. JOINT I -IUMAN RESOURCES AND PUBLIC SAFETY COMMITTEES REPORT - APPROVED The HR and Public Safety Committees met in the First Floor Conference Room at 107 North Kent Street at 8:00 a.m. on Friday, February 12, 2015. HR Committee members present were: Supervisors Robert Hess, Chairman, Robert Wells, Blaine Dunn and citizen members Dan Butler, Beth Lewin, and Dorrie Greene. Public Safety Committee members present were: Supervisors Gary Lofton and Blaine Dunn and citizen member Charles Torpy. Others present were: Jay Tibbs, Interim HR Director; Lynsey Orndorff, HR Generalist; Ashley Hicks, HR Specialist; Roderick Williams, County Attorney; Ross Spicer, Commonwealth's Attorney; Andrew Robbins, Deputy Commonwealth's Attorney; Patrick Barker, Executive Director of the Frederick County BDA; Delsie Jobe, Administrative Services Manager, DSS; Tamara Green, Director of Frederick County Department of Social Services; Sharon Kibler, Assistant Director Finance; Jason Robertson, Farks &Recreation Director; Michael Ruddy, Director of Planning & Development; Ed Strawsnyder, Public Works Director; Kevin Alderman, Shawneeland Manager; James Whitley, NRADC Superintendent; Sheriff Lenny Millholland; Majar Steve Hawkins, Sheriff's Department; Dennis Limburg, Fire Chief; Larry Oliver, Deputy Chief of Training and Operations; Jay Bauserman, Deputy Chief, Fire Marshal Division; Melissa Neal, Administrative Assistant with Fire and Rescue; C. William Orndoff, Jr., Treasurer; Angela Whitacre, Deputy Treasurer; Dan Cunningham, President of the Frederick County Fire and Rescue Association; and Judith McCann - Slaughter, Stonewall District Supervisor. ** *Items Requiring Board Action * ** 1. Employee of the Month Award, Upon a motion by Don Butler, seconded by Beth Lewin, the Committee unanimously selected Jeff Jerome, a Recreation Technician with the Frederick County Parks and Recreation Department, as Employee of the Month for February 2016. 2. Request from Old Dominion Alcohol anti Safety Action Program to Create Full -time Records Clerk Position. - Approved The Committee considered a request from the Director of the Old Dazninion Alcohol and Safety Action Program to create afull -time records clerk position. The creation of this position will help bring the department iota audit compliance and will help address non- payment of fees and will increase the department's ability io successfully collect fees not currently being collected. Upon a motion by Don Butler, seconded by Beth Lewin, the Committee recommended approval of this request. The motion was approved unanimously. Upon a motion by Supervisor Hess, seconded by Supervisor Wells, the Board approved the position 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 Vi1. Wells Aye 3. Fiscal Year 2016 -2017 Requests for New Positions — Presentations by Department Directors. - Approved In an effort to involve the HR Committee as part of the budget process, this year the County Administrator recommended that all new position requests submitted as part of the FY2016 -2017 budget be brought to the HR Committee for review and a recommendation as to Minute Book Number 41 Board of Supervisors Regular Meeting of 02124/16 X59 the need for the positions) and whether or not the positions) should be created. Because of the significant number of public safety positions being requested as part of the FY2016 -2017 budget, the Public Safety Committee was invited to attend this meeting and offer their input and recommendation concerning those public safety requests. The only action being sought from the committees was a recommendation regarding the creation of any new positions. Funding consideration for any new positions will be dealt with separately as part of the overall budget process. After listening to the presentations from the various department directors, the Committees approved the creation of 51 of the 52 requested positions. The attached position allocation chart shows the current number of funded positions for each department. The chart also contains columns reflecting the number of new positions being requested by the various departments and the Committees' recommendations. The Committee is seeking Board approval of the position allocation chart and with the newly recommended positions. Upon a motion by Supervisor Hess, seconded by Supervisor Lofton, the Board approved the position allocation chart and the creation of the new positions. Supervisor Dunn moved to reduce the number of new Fire and Rescue positions and Sheriff's Department positions to nine each. The motion died for lack of a second. There being na further discussion, the original 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 ** *Items Not Requiring Action * ** i\►[I� There being no further business, the meeting was adjourned. The next HR Committee meeting is scheduled for Friday, March 11, 201f>. PUBLIC HEARING PUBLIC HEARING - OUTDOOR FESTIVAL PERMIT REQUEST OF OPE UON PRESBYTERIAN CHURCH —�OPE UON ON THE LAWN. PURSUANT TO THE FREDERICK COUNTY CODE, CHAPTER 86, FESTIVALS; SECTION 86 -3, PERMIT REQUIRED; APPLICATION; YSSUANCE OR DENIAL; FEE; FOR AN OUTDOOR FESTIVAL PERMIT. FESTIVAL TO BE HELD ON SATURDAY, APRIL 9, 201,6, FROM 12:00 NOON — 5:00 P.M., ON THE GROUNDS OF OPEQUON PRESBYTERIAN CHURCH, 217 CHURCH LANE, WINCHESTER, _VIRGINIA 22602, PROPERTY OWNED BY OPEQUON PRESBYTERIAN CHURCH. - APPROVED Chairman DeHaven convened the public hearing on the request by Opequon Presbyterian Church far an outdoor festival permit. Minute Sook Number 41 Board of SuperWisors Regular Meeting of 02124116 26Q Mike Batler appeared before the Board on behalf of the application and advised he would be happy to answer any questions the Board might have. Chairman DeHaven convened the public hearing. Rebecca Morrison, Gainesboro District, spoke against this application. She stated the ad was not published correctly because the ad reflected the owner of the property as Opequon Presbyterian Church. She went on to say that Presbyterian churches cannot own their property without having paid the Shenandoah Presbytery. She stated that unless the county attorney was prepared to rule that all Frederick County Presbyterian USA churches own their own property and do not have to make payment to the Shenandoah Presbytery then the public hearing should not be held. ,She concluded by saying if the Board approves the application it is in violation. of the proper advertising. There being no further public comments, Chairman DeHaven closed the public hearing.. Chairman DeHaven asked the county attorney about the ownership question. County Attorney Rod Williams advised that he had searched the Commissioner of the Revenue property records and the property owner is shown as Opequon Presbyterian Church of Winchester, lnc., so it was appropriate for the Board to move forward with this item. Upon a motion by Supervisor Lofton, secanded by Supervisor Wells, the Board approved the outdoor festival permit request of Opequon Presbyterian Church, Opequon on the Lawn. The above oration 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 PUBLIC HEARING - AMENDMENT TO THE 2015 -2016 FISCAL YEAR BUDGET — PURSUANT TO SECTTON 15.2 -2507 OF THE CODE OF VIRGINIA 1950 AS AMENDED THE BOARD OF SUPERVISORS WILL HOLD A PUBLTC HEARING TO AMEND THE FISCAL YEAR 2015 -2016 BUDGET TO REFLECT: GENERAL FUND SUPPLEMENTAL APPROPRIATION IN THE AMOUNT OF $7 000 000 AND A SCHOOL CAPITAL FUND SUPPLEMENTAL APPROPRIATION IN THE AMOUNT OF $4 000 000. THESE FUNDS WILL BE APPROPRIATED FOR CAPITAL. — RESOLUTION #OSG -16 - APPROVED Administrator Garton advised, as a result of the budget work session with the school board and. the Board of Supervisors, there was a consensus to amend this years' budget to fixnd capital projects. Chairman DeHaven convened the public hearing. Minute Book Number 41 Board oiSupervisars Regular Meeting ofU2 /24 /1G . ## ��f Shawn Graber, Back Creek District, stated he had a little heartburn with this. He had heard there would be $3 to $4 million left over from the Frederick County Middle School Project, which could be re- appropriated for these items. He asked chat those additional funds be used for these projects. He concluded by asking the School Board to cut its budget 1 /100% to cover these expenses. Dr, David Sovine, Superintendent of Schools, highlighted the action of the School Board and stated they took action on the $5.2 million of capital requests. He then highlighted some of the highest capital needs. He concluded by saying that the School Board acted on the VPSA application to fund the remainder of the projects if the Board of Supervisors appropriates the $� million from Fund Balance. There being no further public comments, Chairman DeHaven closed the public hearing. Upon a motion by Supervisor Lofton, seconded by Supervisor Hess, the Board. approved the amendment to the Fiscal Year 2015 -2016 budget. WHEREAS, Pursuant to Section 15.2 -2507 of the Code of Virginia, 1950, as Amended, the Frederick County Board of Supervisors, meeting in regular session and public hearing held on February 2�}, 2016, took the following action: NOW, THEREFORE, BE IT RESOLVED, by the Board of Supervisors that the FY 2015 -2016 Budget be Amended to Reflect: General Fund Supplemental Appropriation in the Amount of $7,000,040 and a School Capital Fund Supplemental Appropriation in the Amount of 4,000,000, These Funds will be Appropriated for Capital. Supervisor Dunn amended the motion to appropriate only the $4 million for schools and that the County's amount to be addressed at a later date. The motion died for lack of a second. Supervisor Lofton stated the action on the $4 would address actual needs and the remaining $1.2 million of the school's request could be addressed at a later time. He concluded by saying this was -the right move to make at this time. Supervisor Slaughter noted the County's request included the refurbishing of a pool facility, which needed to be done prior to July 1. Supervisor Dunn stated the County's request came because Frederick County Schools had actual requests. He went on to say if the school's request was never made then we would not be having this discussion. The above motion was approved by the following recorded vote: Charles S. DeHaven, Jr. Aye Minute Soak Number 41 Board of Supervisors Regular Meeting of 02f24/16 IGDG Blaine P. Dunn Nay Gene E. Fisher Aye Robert A. Hess Aye Gary A. Lofton Aye Judith McCann - Slaughter Aye Robert W. Wells Aye REQUEST FROM FREDERICK COUNTY SCHOOLS TO PARTICIPATE IN SPRING 2016 VIRGINIA PUBLIC SCHOOL AUTHORITY (VPSA) BOND SALE AND SCHEDULE PUBLIC HEARING DATE FOR MARCH 23 2016. -- BOARD VOTED TO TAKE NO ACTION ON THE REOUEST Supervisor Lofton stated he did not think the Board should act on this request for the Spring bond sale. He felt the actual needs were being addressed by the prior action, but the remainder could be addressed at year end. Upon a motion by Supervisor Lofton, seconded by Supervisor Slaughter, the Board took no action on this request. The above motion was approved by the following recorded vote: Charles S. DeHaven, Jr. Aye Blaine P. Dunn Nay Gene E. Fisher Aye Robert A. Hess .Nay Gary A. Lofton Aye Judith McCann - Slaughter Aye Robert W. Wells Nay PLANNING COMMISSION BUSINESS PUBLIC HEARING PUBLIC HEARING - CONDITIONAL USE PERMIT #05 -15 FOR THE WINCHESTER CHAPTER OF THE IZAAK WALTON LEAGUE WHICH SUBMITTED FOR AN EXPANSION OF ANON- CONFORMING USE FOR THE EXPANSION OF AN OUTDOOR RECREATIONISHOOTING AREA. THE PROPERTY IS LOCATED AT 2$63 MILLWOOD PIKE AND IS IDENTIFIED WITH PROPERTY IDENTIFICATION NUMBER 77 -A -72 IN THE SHAWNEE MAGISTERIAL DISTRICT. - (RESOLUTION #057 -16) - APPROVED Zoning Adrninistratar Mark Cheran appeared before the Board regarding this item. He advised this was an application for a conditional use permit for an outdoor recreation, non- conforming use, to expand a shotgun shooting range. The property is located at 2863 Millwood Pike and is zoned RA (rural areas) District. He stated this property showed no existing conditional use permit for the 149 acres, however, the use was established prior to this requirement being in place. He stated no increase in the intensity of the non - conforming use was permitted. The Planning Commission held a public hearing and recommended approval with the following conditions: 1. A11 review agency comments and requirements shall be complied with at all times. 2. Shooting activities shall be supervised by qualified personnel at all times. Minute Book Number 41 Board of Supervisors Regular Meeting of 02/24/16 3. Any expansion or change of use shall require a new conditional use permit. He concluded by noting the airport did have an adverse comment relative to this proposal. Supervisor Dunn asked if there would be a supervisor at the rifle range, Zoning Administrator Cheran responded the range would have supervision. Joan Fine, attorney for the Izaak Walton League, appeared before the Board on behalf of her client. She noted the shotgun range in addition to fishing and conservation programs on this property have been in existence since the 1960s. Jim Sherry, President of the Winchester Izaak Walton League, stated the league had addressed all of the problems and he did not expect any problems with the shotgun range. He noted as part of the conditional use permit application process, the league requested an FAA evaluation and the agency found the shotgun range did not pose a hazard. He advised a designated range supervisor would be present when the range was in use. He went on to say the facility is only available to members as long as a range supervisor is present. He concluded by saying the league had reached out to the nearest neighbors so they understand how the club operates and to address their concerns. Warren Golightly, Shawnee District, stated the Izaak Walton League was morphing into a gun club with a lot of rapid fire weapons being fired from morning to evening, even on Sundays. This use disturbed the quiet enjoyment of his property to include his residence and the tenants in his rental properties. He stated this use affected the amount of rent he was able to charge. He concluded by saying he did not think the FBI would appreciate all of this shooting near their proposed new facility. Ed Keenan, Shawnee District, .noted he was an adjoining property owner and on February 21, 2016 he was called by Supervisor Dunn and met with hire on Monday to look at the property. They also met with john Doyle, who was in charge of the high powered rifle range. He noted the league had installed a gate and he commended them for this addition, He stated that instead of seven days a week, he would like to see those hours reduced. Carl Golightly, Shawnee District, stated he was concerned about safety. He went on to say that he had met with Ms. Manuel at Winchester Regional Airport and she was adamantly opposed to this application. He concluded by saying it was important to get some rules regarding the times people shoot. Jeffrey Mitchell, IIl[, Opequon District, in response to some comments concerning water Minute Book Dumber 41 Board of supervisors 12egular Meeting of 02f24116 �s� on the site advised there was a pond on this property and the property was bordered by the 4pequon Creek. He stated no clay pigeons drop into the water. Ed Keenan, Shawnee District, reiterated his concerns about safety. He noted alcohol could be on the property, but not on the ranges. He stated he would like to see the hours on Sunday start at noon due to the proximity of a church to this property. There being no further comments, Chairman DeHaven closed the public hearing. Supervisor Lofton asked Mr. Keenan about week day hours. Mr. Keenan responded that he was not too concerned during the week because most people have jobs. Ms. Fine stated, with regard to the pistol and rifle range, the league is working on rules to make sure it is handled safely. She noted there were no illegal guns being used on the property. She reminded everyone that the league was here tonight about the shotgun range. She went onto say the trap launchers are locked in a building that can only be accessed when a range officer is present. Upon a motion by Supervisor Fisher, seconded by Supervisor Dunn, the Board approved Conditional Use Permit #SOS -1�. Supervisor Fisher stated the application was for the shotgun range. He noted some cooperative effort had been going on and he understood the situation. He advised that he had spoken with Ms. Manuel and he understood why she issued her opinion. He stated that towers were not as tall as the trees and there was no obstruction to existing flight paths. He concluded by saying the shotgun range had no effect on the runway approach. Supervisor Dunn stated he did not think there was a problem with the shotgun range. Supervisor Hess moved to amend the hours of operation so shooting could not occur before noon on Sunday. Supervisor Lofton seconded the motion. Supervisor Fisher stated he did not think the amendment was appropriate because the noise was coming fronn the grandfathered rifle range. Supervisor Lofton withdrew his second. The motion to amend died for lack of a second. There being no further discussion, the rnotion approving CUP OS -1S was approved by the following recorded vote: Minate Book Number Q1 Board of Supervisors Regular Meeting of ©2/24116 2� 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 BOARD LIAISON REPORTS There were no board liaison reports. CITIZEN COMMENTS Alan Morrison, Gainesboro District, spoke regarding the budget discussions. He noted the Board and staff are working on a budget at this difficult time. He stated the Board has tried to hold the line on taxes in hopes of the economy ilnproving; however, there has not been significant improvement. He stated many county residents were retired and on fixed incomes and would receive no increase this year. He believed many of the budget requests had no resemblance to reality. He stated the taxpayers can only be squeezed so far. He concluded by saying there needed to be a degree of realism in the budget request. BOARD OF SUPERVISORS COMMENTS Supervisor Dunn reiterated his concern that going forward the Board will have a $120 million bill that might come due soon. 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 HEREBY ADJOURNED. (8;23 P.M.) Charles S. DeHaven, Jr. Chairman, Board of Supervisors rends G. Garton Clerk, Board of Supervisors Minutes Prepared By: C��� �(;�,ti{ �', `-'�� Jay �. Tubs Deputy Clerk, Board of Supervisors Miuute Book Number 41 Board of Supervisors Regular Meeting of 02/24/]6