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HomeMy WebLinkAboutFebruary 8 2017 Regular Meeting Minutes124 A Regular Meeting of the Frederick County Board of Supervisors was held on Wednesday, February 8, 2017, 7:00 P.M., in the Board of Supervisors' Meeting Room, 107 North Kent Street, Winchester, Virginia. PRESENT Chairman Charles S. DeHaven, Jr., Blaine P. Dunn, Bill M. Ewing, Gene E. Fisher, Gary A. Lofton, Judith McCann - Slaughter, and Robert W. Wells. CALL TO ORDER Chairran DeHaven called the meeting to order. INVOCATION Reverend Bobby Alger, Crossroads Cornmunity Church, delivered the invocation. PLEDGE OF ALLEGIANCE Vice Chairman Fisher led the Pledge of Allegiance. ADOPTION OF AGENDA - APPROVED County Administrator- Brenda Garton stated there were no changes to the agenda. Upon motion by Supervisor Wells, seconded by Supervisor Lofton, the Board approved the agenda as presented by the following recorded vote: Charles S. DeHaven, Jr. Aye Blaine P. Dunn Aye Bill M. Ewing Aye Gene E. Fisher Aye Gary A. Lofton Aye Judith McCann- Slaughter Aye Robert W. Wells Aye CONSENT AGENDA - APPROVED Upon motion by Supervisor Fisher, seconded by Supervisor Dunn, the Board approved the following items under the consent agenda: - Minutes of Budget Work Session of January 1$, 2017 -Tab A; - Public Works Committee Report -Tab F; The above motion was approved by the following recorded vote: Charles S. DeHaven, Jr. Aye Blaine P. Dunn Aye Bill M. Ewing Aye Gene E. Fisher Aye Gary A. Lofton Aye Judith McCann- Slaughter Aye Robert W. Wells Aye CITIZEN COMMENTS Minute Book 1Vumber 42 Board of Supervisors Regular Meeting of 02/08/17 County of Frederick, Virginia 25�� Jay Marts, Gainesboro District, addressed the Board and stated he attended the Budget Work Session on January 18, 2017. He stated it was good to hear the discussion on how to tackle the current debt situation and the large amount of debt that will be incurred by future capital costs; however, there was almost no discussion on lowering. the tax burden on the citizens and businesses of the county. He further stated both the county and the School Board are proposing salary increases and adding additional staff and believed it is bad policy in the face of tax increases. He went on to say he read the Human Resources Committee meeting report and all increases in personnel across all county divisions were approved and felt they may have an objectivity problem. BOARD OF SUPERVISORS COMMENTS There were no Board of Supervisors comments. MINUTES - APPROVED UNDER CONSENT AGENDA The minutes of the Budget Work Session of January 18, 2017 were approved under the consent agenda. COUNTY OFFICIALS RESOLUTION OF APPRECIATION OF ROBERT A. HESS PRESENTED Chairman DeHaven and Vice Chairman Fisher presented the Resolution of Appreciation to former Gainesboro District Supervisor Robert A. Hess, Mr. Hess was present to accept the resolution. COMMITTEE APPOINTMENTS CHRISTOPHER OLDHAM REAPPOINTED TO THE HISTORIC RESOURCES ADVISORY BOARD - APPROVED Upon motion made by Supervisor Lofton, seconded by Supervisor Wells, Christopher Oldham was reappointed to the Historic Resources Advisory Board as a member -at- large representative, for a four year term, said new term to expire January 12, 2021. The above motion was approved by the following recorded vote: Charles S. DeHaven, Jr. Aye Blaine P. Dunn Aye Bi11 M. Ewing Aye Gene E. Fisher Aye Gary A. Lofton Aye Judith McCann - Slaughter Aye Robert W. Wells Aye PERFORMANCE AGREEMENT FOR AMERICAN WOODMARK CORPORATION - (RESOLUTION #055 -171 - APPROVED Minute Book Number 42 Board of Supervisors Regular Meeting of 02/08/17 County of Frederick, Virginia 2�� Director of the Economic Development Authority Patrick Barker addressed the Board on behalf of this request to answer any questions the Board might have. Upon motion by Supervisor Lofton; seconded by Supervisor Wells, the Board approved the performance agreement and resolution for American Woodmark Cozpoxation. RESOLUTION AMERICAN WOODMARK CORPORATION WHEREAS, AMERICAN WOODMARK CORPORATION has made known its intent to expand its operation by making new taxable real estate and personal property investment and retain and create jobs; and BE IT RESOLVED, that the Board of Supervisors. for the County of Frederick, Virginia, does hereby approve and appropriate the payment of $350,000 in installments as stated in the executed Performance Agreement to the Economic Development Authority of Frederick County, Virginia from the Frederick County's Fund Balance to assist in expanding the operation for AMERICAN WOODMARK CORPORATION in Frederick County, Virginia. BE IT RESOLVED, that the Board of Supervisors for the County of Frederick, Virginia, does hereby approve and appropriate the payment of $550,000.60 to the Economic Development Authority of Frederick County, Virginia from the Commonwealth Development Opportunity Fund to assist in expanding the operation for AMERICAN WOODMARK CORPORATION in Frederick County, Virginia. BE IT RESOLVED, that said funds are subject to an executed Performance Agreement outlining the required performance criteria. BE IT FURTHER RESOLVED, that the Board of Supervisors for the County of Frederick, Virginia, does authorize the County Administrator to execute the Performance Agreement on its behalf. ADOPTED, this 8�' day of February 2017. The above motion was approved by the following recorded vote: Charles S. DeHaven, Jr. Aye Blaine P. Dunn Aye Bill M. Ewing Aye Gene E. Fisher Aye Gary A. Lofton Aye Judith McCann - Slaughter Aye Robert W. Wells Aye COMMITTEE REPORTS HUMAN RESOURCES COMMITTEE REPORT — APPROVED Supervisor Ewing presented the Human Services Committee Report. The HR Committee met in the First Floor Conference Room at 107 North Kent Street at 8:00 a.m. on Friday, January 20, 2017. HR Committee members present were: Supervisors Bill Ewing, Chairman; and Robert Wells; Citizen Members Don Butler, Beth Lewin, and Dorrie Greene. Others present were: Brenda Garton, County Administrator; Kris Tierney, Deputy County Administrator for Community Development; Ashley Hicks, HR Recruiting Specialist; DeLois Blevins, HR Manager; Roderick Williams, County Attorney; Delsie Jobe, Administrative Services Manager, DSS; Tamara Green, Director of Frederick County Department of Social Services; Cheryl Shiffler, Finance Director; Jason Robertson, Parks & Recreation Director; Joe Wilder, Assistant Director Public Works; Mark Fleet, Building Code Official; Sheriff Lenny Millholland; Major Steve Hawkins, Sheriffs Department; Minute Book Number 42 Board of Supervisors Regular Meeting of 02/0$/X7 County of Frederick, Virginia 252 Dennis Linaburg, Fire Chief; Larry Oliver, Deputy Chief of Training and Operations; Jay Bauserman, Deputy Chief, Fire Marshal Division; Melissa Neal, Fire & Rescue Administrative Assistant; C. William Orndoff, 7r., Treasurer; LeeAnna Pyles, Public Safety Communications Director; Charles DeHaven, Jr., Chairman of the Board of Supervisors; Tommie Bower, Director of Skyline Regional Criminal Justice Academy; and Skyline Regional Criminal Justice Academy board chairman, Warren County Sheriff Dan McEathron. Items Requiring Board Action 1. Request for New Positions Fiscal Year 20172018 - Approved Department Heads requested the creation of new positions with funding consideration for new positions be part of the overall budget process. The Committees approved the creation of 22 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 Committee's recommendations. The Committee is seeking Board approval of the position allocation chart with the new recommended positions. a. Jason Robertson, Parks &Recreation Director requested one .Recreation Technician. Robert Wells motioned to approve, Dorrie Green seconded the motion and the Committee unanimously approved the motion. b. C. William Orndoff, Jr., Treasurer requested two Cashiers /Account Analysis positions. Don Butler motioned to approve, Beth Lewin seconded the motion and the motion was approved unanimously by the Committee. c. Joe Wilder, Assistant Director Public Works reques #ed are Inspector. Upon a motion by Beth Lewin, seconded by Don Butler, the Committee recommended approval of this request. The motion was approved unanimously by the Committee. d. Tamara Green, Director of Frederick County Department of Social Services requested one Secretary II position. Beth Lewin motioned to approve, Dorrie Green seconded and the Committee unanimously approved the motion. e. Dennis Linaburg, Fire Chief requested a total of 17 new positions not currently allocated. With 13 Firefghters currently allocated {unfunded) for 2016 -2017; Chief Linaburg requested an additional 11- Firefighters, 2- Training Officers, 1- Assistant Fire Marshall, 1 -QA Manager, 1 -EMS Supervisor and 1 -EMS Billing Specialist. Robert Wells made a motion to approve and Beth Lewin seconded the motion and the Committee unanimously approved the request. Supervisor Ewing stated the committee recommended approval to place all positions on the allocation chart. Supervisor Ewing moved, the motion was seconded by Supervisor Wells, to approve all the positions, a thru e, on the report. Supervisor Lofton stated he had concerns under "e ", allocating positions for Fire and Rescue when they do not have the Fire and Rescue Study complete. He stated he would not vote in favor of this. Vice Chairman Fisher stated he had the same concerns and there were details to work out. Supervisor Ewing stated the committee was looking at long range and not necessarily at the current budget year. iVlinnte Book Number 42 Board of Supervisors Regular Nfeeting of 02/08/17 County of Rrederick, Virginia 25 Supervisor Slaughter referenced the EMS Billing Specialist and had concerns and suggested they look at a contractual person rather than an in -house position. She stated she agreed with Supervisor Lofton and that it is premature. Chairman DeHaven stated there is a person already in- house. Supervisor Ewing stated the allocation chart is just a working document. Supervisor Lofton stated you can add or subtract from the chart, but he did not ever remember a time when it was subtracted from. He slated he was still not in favor. Supervisor Ewing amended his motion to approve items a thru d, and Supervisor Wells seconded the motion. The above motion was approved by the following recorded vote: Charles S. DeHaven, Jr. Aye Blaine P. Dunn Aye Bill M. Ewing Aye Gene E. Fisher Aye Gary A. Lofton Nay Judith McCann - Slaughter Aye Robert W. Wells Aye Upon motion made by Supervisor Ewing, seconded by Supervisor Wells, to approve item "e" on the Human Resources Committee Report. Vice Chairman Fisher stated he agreed with Supervisor Lofton that they should wait for the Fire and Rescue Study. Supervisor Lofton stated he felt it would prejudice the outcome of the report. Supervisor Slaughter stated she felt the budget process would decide additional funding on staff. The above motion was approved by the following recorded vote: Charles S. DeHaven, Jr. Aye Blaine P. Dunn Nay Bill M. Ewing Aye Gene E. Fisher Nay Gary A. Lofton Nay Judith McCann - Slaughter Aye Robert W. Wells Aye Items Not Reqnlring Action 1. Mr. Bill Ewing, Chairman (replacing Mr. Robert Hess) was welcomed and introduced. to the Committee. 2. The HR Committee reviewed the meeting dates for 2017 and agreed to continue to meet the 2nd Friday ofmonth at 8:00 a.m. 3. Informational presentation by Tommie Bower, Director of Skyline Regional Minute Book Number 42 Board of Supervisors Regular Meeting of 02/08/17 County of Frederick, Virginia i 25� Criminal Justice Academy regarding a request to Frederick County to be their fiscal agent. Their request will go to the Finance Committee. There being no further business, the meeting was adjourned. The next HR Committee meeting is scheduled for Friday, February 10, 2017. TRANSPORTATION COMMITTEE REPORT - APPROVED Supervisor Lofton presented the Transportation Committee Report. The Transportation Committee met on January 23, 2017 at 8:30 a.m. Members Present Members Absent Gary Lofton — Chairman (voting) Mazk Davis (liaison Middletown) Judith McCann - Slaughter (voting) Gary Oates (liaison PC) Gene Fisher (voting) Lewis Boyer (liaison Stephens City) Greg Unger (liaison PC) filling in for Gary Oates James Racey (voting) Barry Schnoor (voting) Items Requiring Action 2. Support for Reliance Road Truck Restriction - Approved to Forward to Public Hearing At the November meeting of the Transportation Committee, the Committee considered a request from Warren County to seek a joint truck restriction for Reliance Road, At that time, the Committee had a number of questions regarding the request which were posed to the Warren County Administrator and are in the attached documentation. Also attached fmd communications from VDOT regarding the potential truck restriction, as well as emails from a number of citizens. VDOT has clarified that if Frederick County does choose to proceed with support of the truck restriction, we will need to adopt a resolution of support and hold a public hearing. The most recent count we have for the roadway is 1800 vehicle trips with 2% being 3 axle or greater. This equates to approximately 36 trucks per day. Attending the meeting for Warren County were County Administrator Douglas Stanley, Deputy County Administrator Robert Childress, and Supervisor Daniel Murray. Mr. Stanley noted that trucks cannot navigate the roadway without regularly crossing the centerline which creates safety issues for residents and other local trips. He explained that, due to the termini of the roadway, a tractor trailer restriction is not possible without coordinating with Frederick County. Mr. Murray noted that he lives along Reliance Road and also represents a number of his neighbors and he made a number of points. 1. Safety concerns due to trucks crossing the centerline routinely. 2. Removal of truck trips could result in maintenance savings. 3. At times it is difficult for people to get out of their driveways due to truck traffic. 4. While quarry trucks can't be stopped, we could at least remove tractor trailers. Mr. Childress noted that his is a problem that goes back decades and that over the years VDOT has added paving to the shoulders to get the road to a minimum width to allow for centerline striping but that the width remains inadequate for this type of traffic. He also reiterated the maintenance issues. Mr. Unger noted that the restriction does no harm to Frederick County and that he Minute Book 1Vumber 42 Board of Supervisors Regular Meeting or02 /08!17 County of Frederick, Virginia 2��k ., totally agrees with restricting the roadway. Mr. Lofton asked for clarif cation of the Ed Carter email in the attachments regarding trips that would not be restricted. Staff noted that agricultural trips and vehicles could not be restricted and that trips originating or having a destination within the restricted area could not be restricted. Mr. Lofton asked for clarification of what the signage would be since quarry dump trucks were not the target. The answer was not readily available at the meeting but Staff will follow up with VDOT. VDOT indicated that the restriction would be for vehicles in excess of 30 feet to properly target tractor trailers. MOTION: Supervisor McCann - Slaughter made a motion to recommend the Board of Supervisors schedule a public hearing and adopt a resolution of support, The motion was seconded by Mr. Schnoor and passed unanimously, Supervisor Lofton stated this no�thru truck restriction request came about due to the number of citizens from Warren County that called to complain about the number of tractor trailers that traversed this section of Reliance Road and how this section of road narrows as you enter Warren County. He further stated that questions from the Warren County administrator and VDOT had been answered. He stated Warren County could not have a restriction on just their portion of the road since it is a thru road into Frederick County and that Frederick County would have to be in agreement on the request for no thru truck restriction. Upon motion made by Supervisor Lofton, seconded by Supervisor Ewing, the above recommendation to forward to public hearing was approved by the following recorded vote: Charles S. DeHaven, Jr. Aye Blaine P. Dunn Aye Bill M. Ewing Aye Gene E, Fisher Aye Gary A. Lofton Aye Judith McCann - Slaughter Aye Robert W. Wells Aye Items Not Requiring Actlon 1. Mount Olive Road .Saving Staff received communication from Mr. Kevin Trice, representing himself and his neighbors with concerns over the timeline to pave.Mount Olive Road. Staff updated him on the status of funding and policies involved and invited him and any interested neighbors to meet with the Committee. Attached, please find the current secondary plan. as well as the Board policy on ranking of projects. Mr. Trice of Hammock Lane spoke to the Committee and noted that he has lived in his subdivision for 11 years and during that time Mount Olive Road has gotten much busier. He noted that he puts in work orders monthly with VDOT and that with all of the maintenance on the roadway that it could have been paved by now. He also noted that the distance from Route 50 to Hammock Lane is only about 1000 feet and that this is the most heavily traveled portion of the roadway. Mr. Meister noted that due to the hill on the roadway, any rain very quickly washes away gravel that VDOT has put dawn and creates a washboard effect as well as following dust issues, Minute Book Number 42 Board of Supervisors Regular Meeting of 02/08/17 County of Frederick, Virginia 25�' Staff and VDOT explained the ranking system and where Mount Olive Road currently ranks. It was also noted that the primary restriction is in the amount of paving funds that are currently allocated by the State. While improved, the funds still only allow one or two small projects a year. The Committee discussed that they are satisfied with the ranking system as it stands but noted that it may be worth testing to see if a smaller segment of Mount Olive Road would score more highly if broken out at the next plan update. 3. County Projects Update Snowden Bridge Boulevard: Final items are being addressed as this project wraps up. Staff is working with VDOT and the Graystone Development regarding final items needed to get the road into the state system. Tevis Street Extension /Airport Raad/I -81 Bridge: Bridge design in ongoing and environmental documents for VDOT are being completed. Bridge design has reached 75 %, but comments are pending from VDOT on earlier submissions. Staff is also working with VDOT to clarify the status of the stubs to the north and south of the roundabout. Renaissance Drive: Currently working with CSX on MOU for the future crossing. CSX has just returned the draft agreement with suggested edits which the County Attorney is reviewing. The County's Transportation Partnership Opportunity Fund application has been recommended for approval by the Governor's Advisory Committee and agreements are expected shortly. Valley Mill Road Realignment: Thirty percent design has been completed and the County's on call consultant is providing an updated cost estimate to complete design through 100 %. Upon approval by the private party partner, the next phase of design will begin. Coverstone Drive: No activity at this time. Jubal Early Drive Extension and Interchange with Route 37: Initial meetings regarding a draft agreement and follow up application for additional revenue sharing funds has been held with the private partner team. 4. Other There was a discussion regarding new subdivisions accessing dirt roads and whether they should be paving to the next paved connection. Mr. Fisher noted that VDOT should not have to maintain the roads in these new subdivisions and noted that while private roads should be built to state standards, the County should investigate greater use of private streets. PUBLIC WORKS COMMITTEE REPORT - APPROVED UNDER CONSENT AGENDA The Public Works Committee met on Tuesday, January 31, 2017, at 8:00 a.m, All members were present except James T. Wilson. 'The following items were discussed: Items Not Requiring Action Minute Book Number 42 Board of Supervisors Regular Meeting of 02/08/17 County of Frederick, Virginia �� 1. Disposition o� Shawneeland Council House (Clowser House) The committee continued discussion related to the disposition of the Shawneeland Council House (Clowser House). At the September 27, 2016 Public Works Committee meeting, the Public Works Committee gave recommendations to the Citizens Committee for the Preservation of the Clowser House (Clowser Committee) related to providing additional information. As such, the Clowser Committee provided a Final Report and Proposal dated January 23, 2017 (see attachment 1). The conclusions and additional requests summarized in the report were presented by Mr. Robert Stieg, Jr., who is listed as the Co- Chairman of the Clowser Committee. Mr. Stieg presented a summary of the report and provided responses to the main requests stipulated from prior meetings. First, a response from DCR Dam Safety is included which indicates that the intended use will not adversely affect the classification of the dam. Secondly, they have identified funding sources and are developing anon -profit organization, "The Clowser Foundation" to promote fundraising and the long term viability to perform the necessary structural work and provide maintenance. Mr. Stieg also indicated they have some larger goals in mind with The Clowser Foundation. They are seeking a larger tract of land (approximately 5.60 acres), versus the original request of 2.0 acres. They are also planning to build another building on this new lot (outside the dam inundation zone) for a meeting room to include a drainfield. The Clowser Committee also met with the Shawneeland Sanitary District Advisory Committee (SSDAC) on January 9, 2017 to discuss the proposal. The SSDAC prepared a summary memorandum (see attachment 7) for the Public Works Committee and Ms. Lynn Schmitt, Chairperson of the SSDAC discussed their response to the Clowser Committee proposal. Ms. Schmitt indicated that the SSDAC cannot endorse or support the Clowser Committee and offered to support a proposal for a long term lease for the subject amenities /properties. They also indicated they did not want to lose the use of the ball field and parking lot which would be part of the 5.60 acre tract desired by the Clowser Committee. There was much discussion with the Public Works Committee, Clowser Committee and SSDAC. It was recommended that another meeting be held with the Clowser Committee and SSDAC to discuss the issue related to a long term lease or a gifting of the land. The County Attorney will do some research on long term leases (i.e 99 year lease), and provide some recommendations in trying to resolve the land transfer issues. The committee approved a motion to table this matter for another 30 days to allow the two groups and County staff to try and work out a compromise for the final disposition of the Council House and adjacent land. A final resolution will be brought back to the Public Works Committee at its February 2$, 2017 meeting. 2. Citizen Convenience Sites Usage Summary Gloria Puffinburger, Solid Waste Manager, presented data concerning citizen use at the county Citizen Convenience Sites for waste disposal. Usage continues to increase and improvements will be necessary in the future at several of the sites (see attachment 2). 3. Miscellaneous Reports. a. Tonnage Report (Attachment 3) b. Recycling Report (Attachment 4) c. Animal Shel #er Dog Report (Attachment 5) d. Animal Shelter Cat Report (Attachment 6) 4. SSDAC Proposal Minute Book Number 42 Board of Supervisors Regular Meeting of 02/08/17 County of Frederick, Virginia 25� {Attachment 7) After no further items were brought before the committee, the meeting was adjourned. BOARD LIAISON REPORTS Vice Chairman Fisher stated that at the February 2, 2017 meeting of the Airport Authority, a draft strategic plan for the Airport was presented in Closed Session, He further stated the consulting engineer had made recommendations for better marketing of airport services. He stated the City is going through funding deliberations and had requested to meet with the consultant. Vice Chairman Fisher asked if the board would like to meet with the consultant for a presentation as well and that it would need to be in Closed Session. He further stated the Airport has another meeting on February 16 with Delta Engineering with reference to the capital plan and stated a new terminal building is needed and has to fit in with the master plan. He stated the terminal building has a life cycle of twenty years and it has been about twenty years since it was built. The runway and taxiway all have to meet FAA requirements and standards. Chairman DeHaven asked if the Boazd wanted to meet with the consultant. All members were in agreement to meet with the consultant in closed session and it was suggested it would be more efficient to have a joint meeting with the City if possible. CITIZEN COMMENTS Jay Marts, Gainesboro District, addressed the Board and referenced the General Assembly public debate on local education facilities. He stated the Board needed to arrest the appetite of the local School Board and to renovate and not build new schools and to consider adjusting school boundaries. He stated he visited the old Frederick County Middle School, looked in the windows and saw desks, tables, etc, and stated the modulazs were still there and just sitting empty. He stated the School Board needs to keep the taxpayer in mind. Brandi Hammond, Shawnee District, addressed the Board with reference to the new school project requests and stated renovating is more expensive than new construction. She stated she keeps hearing information on the new schools and all the "bells and whistles" and she would like to know what the Board feels they are as she did not see any. Chairman Dellaven closed the Citizen Comments portion of the meeting. BOARD OF SUPERVISORS COMMENTS Supervisor Wells stated he had received a letter from three students of the James Wood High School Chapter of the Family Career anal Community Leaders of America, that they were Minute Book Number 42 Board of Supervisors Regular Meeting of 02/08/17 County of Frederick, Virginia i��� collecting supplies for homeless families, especially those with newborns. He stated the event will be held at the Dollar Tree, Route S22 North, on February I 1 and asked the community to support the students' efforts and he commended them for reaching out to help. Supervisor Lofton stated that he attended the Middletown Volunteer Fire and Rescue Banquet and they recognized Chief Henry Shiley for his fifty three years of service and wished him all the best and to all volunteers in Fire and Rescue as well. ADJOURN UPON MOTION MADE SY VICE CHAIRMAN FISHER, SECONDED BY SUPERVISOR WELLS, THERE BEING NO FURTHER BUSINESS TO COME BEFORE TIIE BOARD, THE MEETING WAS ADJOURNED. (7:41 P.M.) Charles S. DeHaven, Jr. Chairman, Board of Supervisors renda G. Garton Clerk, Board of Supervisors Minutes Prepared By: ) �e°�� � �j r i (xJ Teresa J. Pri Administrative Assistant County Administrator's Office Minute Book Number 42 Board of Supervisors Regular Meeting of 02/08/17 County of Frederick, Virginia