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May 11 2016 Closed Session and Regular Meeting Minutes32� Closed Session of the Frederick County Board of Supervisors was held on Wednesday, May 11, 2016 at 6:00 P.M., in the Board of Supervisors' Meeting Room, 107 North Kent Street, Winchester, Virginia. PRESENT Chairman Charles S. DeHaven, Jr.; Gene E. Fisher; Blaine P. Dunn; Robert A. Hess; Gary A. Lofton; Judith McCann - Slaughter; and Robert W. We11s. CALL TO ORDER Chairman DeHaven called the meeting to order. CLOSED SESSTfl1V Upon a motion by Vice - Chairman Fisher, seconded by Supervisor Lofton, the Board convened in closed session pursuant to Section 2.2- 3711 {A }(3) of the Code of Virginaa, 1950, as amended, for discussion or consideration of the acquisitian of real property for a public purpose, and of the disposition of publicly held real property, where discussion in an open meeting would adversely affect the bargaining position or negotiating strategy of the Board; and, pursuant to Section 2.2- 3711(A } {1 } of eta Code of Vargtnfa, 1950, as amended, for discussion of a personnel matter, specifically concerning the terms and conditions of the employment of the County Administrator. The above motion was approved by the following recorded vote: Charles S. DeHaven, Jr. Aye Blaine P. Duren Aye Gene E. Fisher Aye Robert A. Hess Aye Gary A. Lofton Aye Judith McCann - Slaughter Aye Robert W. Wells Aye Upon a motion by Vice - Chairman Fisher, seconded by Supervisor Hess, the Board came out of closed session and reconvened in open session. 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 Upon a motion by Vice - Chairman Fisher, seconded by Supervisor Lofton, the Board certified that to the best of each board member's knowledge that only acquisitian of real property Minute Book ]Number 41 Board of Supervisors Closed Session and Regular Meeting of 05/11/16 ��a for a public purpose pursuant to Section 2.2 -3711 A (3} of the Code of Virginia, 1950, as amended, specifically discussion or consideration of the acquisition of real property for a public purpose, and of the disposition of publicly held real property, where discussion in an open meeting would adversely affect the bargaining position or negotiating strategy of the Board; and, a personnel matter pursuant to Section 2,2 -3711 A (1) of the Code of Virginia, 1950,. as amended, specif tally concerning the terms and conditions of the .employment contract of the County Administrator were discussed. 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 RECESS Chairman DeHaven recessed the meeting until 7:QO p.m. REGULAR MEETING —CALL TO ORDER Chairman DeHaven called the regular meeting to order. INVOCATION Pastor Mark Carey, Fellowship Bible Church, delivered the invocation. PLEDGE OF ALLEGIANCE Vice - Chairman Fisher led the Pledge of Allegiance. ADOPTION OF AGENDA -- APFROVED Upon a motion by Supervisor Hess, seconded by Supervisor Slaughter, 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 ,4ye Robert W. Wells Aye CONSENT AGENDA - APPROVED Upon a motion by Supervisor Lofton, seconded by Supervisor Fisher, the Board approved the following items under the consent agenda: - Minutes —Tab A; and Minute Boofc ]umber 41 Board of supervisors Closed Session ant# Regular Meeting of Q5/11116 i7 �7 I - Resolution — Designation of Freedom of Information Act (FOIA} Officer —Tab D. 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 RECOGNITION OF 4 -II .ALL STARS Supervisor Lofton recognized the following individuals who received the 4 -H All Star designation, which is the highest recognition in Virginia 4 -H: Brandon McDonald, 3osie Bauknecht, Alina Hackney, Morgan Strickler, and Shelby Frank.. The Board commended those individuals on their achievement. CITIZEN COMMENTS Larry Webb, Warren County, appeared before the Board regarding the Clowser House. He reviewed the history of the Clowser family and why this house should be saved. He concluded by saying he was seeking more time to make the structure safe so it could be used for other uses. Debbie Marlin, ©pequon District, stated her grandparents were Clowsers. She was concerned about the future of the council house due to the historic significance of the property. She questioned the X30,000 cast to repair the structure and felt it could be done for less. She asked for more time to save the building. Judy Clowser Yancey, Opequon District, stated the Clowser house was part of Frederick County's history and she requested the property be preserved. Ruth Perrine, Back Creek District, stated she was present on behalf of the residents who did not know a vale was taken to demolish this structure. She cited the lack of communication by the Shawneeland Sanitary District Advisory Committee to the community. She concluded by asking for more time to save this building. Bab Stieg, Claremont Foundation CEQ, asked for more time to save the Clowsex house. Patsy Gochenour, Red Bud District, reviewed her connection to the Clowsers and the Clowser house. She asked the Board to give folks more time to preserve the house. Jim Mayer, Winchester, stated that he had created a website showing a map of the Clowser family's journey and story, He cited the core values adopted by the Board in 2009 and Minute Book Number 41 Board of Supervisors Closed Session and Regular Meeting of Q5 /11(16 �7J� asked that they delay a decision in order to give people time to preselve this house. Michelle Landon, Shawneeland Sanitary District Advisory Committee member, stated the decision to tear dawn this house had not been a rash decision. She noted that two subcommittees worked three years to solve this problem. She went on to say residents did not want to use Sanitary District fees to preserve this structure. She advised that if the damaged wall were to collapse that brederick County would be liable. Betsy Arnett, Preservation of the Northern Shenandoah Valley, stated her organization had offered more than three years ago to work with the subcommittee on the Clowser House.. She advised that her organization cauld serve as a holding entity to allow tax deductible donations to save this building. She concluded by saying she remained committed to serving that function to find a solution to preserve the building and find a permanent solution. Clare Mullett, former member of the Shawneeland Sanitary District Advisory Committee, stated he had pledged some of his own personal money to preservation of this pause. He noted the structure was fairly stable. He concluded by saying he had a lot of history about the structure and would be glad to share it. BOARD OF SUPERVISORS COMMENTS There were no Baard of Supervisors' comments. MINUTES — APPROVED UNDER CONSENT AGENDA The minutes from the April 27, 2016 closed session anal regular meeting were approved under the consent agenda. COUNTY OFFICIALS INTRODUCTION OF NEW DEPARTMENT DIRECTORS County Administrator Brenda Garton introduced Becky Merriner, Frederick County's new HR Director, and Scott Varner, Frederick County's new IT Director. COMMITTEE APPOINTMENTS REAFPOINTMENT OF PAUL G. ANDERSON JR. AS FREDERICK COUNTY REPRESENTATIVE TO THE WINCHESTER AIRPORT AUTHORITY - APPROVED Upon a motion by Supervisor Fisher, seconded by Supervisor Hess, the Board reappointed Paul G. Anderson, Jr. as Frederick County representative to the Winchester Regional Airport Authority. This is a four year appointment. Tenn expires June 3�, 2p20. The above motion was approved by the following recorded vote: Minute Baok iYumber 41 Board of Supervisors Closed Session and Regular Meeting of US /l l /lb Charles S. DeHaven, Jr. Aye Blaine P. Dunrl Aye Gene E. Fisher Aye Robert A, Hess Aye Gary A. Lofton Aye Judith McCann - Slaughter Aye Robert W, Wells Aye REAPPOINTMENT OF DANA BOWMAN AND LESLIE STEWART AND APPOINTMENT OF JAY TIBBS 'TO THE COMMUNITY POLICY AND MANAGEMENT TEAM - APPROVED Upon a motion by Supervisor Hess, seconded by Supervisor Lofton, the Board reappointed Dana Bowman as a private provider representative anal Leslie Stewart as a parent representative to the Community Policy and Management Team. These are two year appointments. Terms expire June 30, 2018. The Board also appointed Jay Tibbs as County Administration representative to the Community Policy and Management Team. The above motion was approved by the following. recorded vote: Charles S. DeHaven, Jr. Aye Blaine P. Dunn Aye Gene E. Fishex Aye Robert A, Hess Aye Gary A. Lofton Aye Judith McCann - Slaughter Aye Robert W. Wells Aye APPOINTMENT OF ANDY GYURISIN AND MARY BRAUN AND REAPPOINTMENT OF SHARON FARINHOLT TO THE WINCHESTER - FREDERICK COUNTY TOURISM BOARD - APPROVED Upon a motion by Supervisor Hess, seconded by Supervisor Lofton, the Board appointed Andy Gyurisin and Mary Braun and reappointed Sharon Farinhvlt to the Winchester Frederick County Tourism Board. These are three year appointments, Terms expire June 30, 201q. 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 REQUEST FROM COMMISSIONER OF THE REVENUE FOR__REFUND - APPROVED Administrator Garton advised this was a request from the Commissioner of the Revenue to authorize the Treasurer to refund Shen- Valley Lime Corp the amount of X6,281.64 for real estate taxes from 2013 through 2015. This refund is a result of inadvertently duplicating billing to real estate taxes on the same property. Minute Book Dumber 41 Board of Supervisors Closed Session and Regular Meeting of 05/11/16 334 Upon a motion by Supervisor Slaughter, seconded by Supervisor Lofton, the Board approved the refund request and supplemental appropriation. 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 RESOLUTION #068 -1.6 — DESIGNATION OF FREEDOM OF INFORMATION ACT FOIA OFFICER -- APPROVED UNDER THE CONSENT AGENDA WHEREAS, the Virginia Freedom of Information Act (FOIA), located § 2.2 -3700 et seq. of the Code of Virginia, guarantees citizens of the Commonwealth and representatives of the media access to public records held by public bodies, public offcials, and public employees; and, WHEREAS, the policy of FOIA states that the purpose of FOIA is to promote an increased awareness by all persons of governmental activities; and, WHEREAS, the Virginia General Assembly on April 20, 2016 approved amendments to the Freedom of Information Act {FOIA), § 2.2- 3704.1 and 2.2- 3704.2; and, WHEREAS, the revised statute requires all local public bodies that are subject to the provisions of � 2.2 -3700 et seq. of the Code of Virginia identify one or more Freedom of Information Act officers whose responsibility is to serve as a point of contact for members of the public in requesting public records and to coordinate the public body's compliance with the provisions of the Virginia Freedom of Information Act. NOW, THEREFORE, BE IT RESOLVED, that the Board of Supervisors of the County of Frederick, Virginia, hereby designates Karen Vacehio, Public Information Officer, as the Freedom of Information Act Officer. ADOPTED this 11th day of May, 2016 COMMITTEE REPORTS PUBLIC WORKS COMMITTEE REPORT The Public Works Committee met on Tuesday, Apri126, 2016 at 8:00 a.m.. All members were present except Bob Wells and Jim Wilson. The following items were discussed. ** *Items Not Requiring Action *�� 1. Demolition of the old Shawneeland Council House: - REFERRED BACK TO THE PUBLIC WORKS COMMITTEE WITH THE RECOMMENDATION TO COME BACK TO THE BOARD OF SUPERVISORS FOR FINAL DECISION. The Director presented a brief update of the status of the old Shawneeland Council House which continues to deteriorate. During the past three (3) years, efforts have been made to procure funding to stabilize the structural deterioration which was previously outlined in a report prepared by Buckman Engineering. Several ad hoc committees have been appointed by the Shawneeland Advisory Committee to seek funding for this purpose. One of the committees even attempted to have the building included on the National Historical Registry. Unfortunately, this approach did not yield any funding to stabilize the structural deterioration. Consequently, the Advisory Committee during their March 7, 2016 meeting unanimously voted to demolish the building to eliminate a potential liability. To date, the Shawneeland staff has not scheduled the Minute Book Number 41 Board of Supervisors Closed Session and Regular Meeting of 05 /11 /lb 335 demolition. Supervisor Fisher advised that the Public Works Committee accepted this item for information only. Supervisor Dunn stated he had a background in history and he believed there should be a delay of the demolition of this property. He noted the house does need same work. He asked the Board to consider a delay until the end of the year to allow folks to get together and work to save the house, He went on to say that he has been inundated with e -mails and phone calls. He stated he did not believe Shawneeland residents should bear the burden of this preservation. He concluded by saying the property was eligible for designation as a historic site. Supervisor Lofton stated he appreciated Supervisor Dunn's comments. He noted that for three- years two subcommittees were given an opportunity to work on this to come up with a solution to accomplish this goal. He advised that no one has come forward with a plan of how this would happen. Supervisor Lofton moved that this issue be sent back to the Public Works Committee for discussion and that Mr. Dunn's suggestions be taken to come up with a plan of action and bring it back to the Board. The motion was seconded by Supervisor Fisher. Supervisor Fisher noted there were bigger issues to be researched such as liability, safety, access, and legal issues, Supervisor Hess stated he was excited to see the level of citizen engagement on this issue. Supervisor Dunn stated he might be amenable to the motion, but he did not want a quick turn around and he would like to have until the end of the year to resolve this problem. Supervisor Wells stated he was a member of the Public Works Committee and he agreed this matter should come back to the committee for review. He assured Supervisor Dunn there would be no surprises from the committee. Supervisor Fishex asked County Attorney Rod Williams if the demolition of this structure needed to be approved by the Board. Attorney Williams responded the Board could choose to act on it. He went on to say it could become an issue of what the Board is comfortable delegating to staff. Supervisor Hess moved to amend the motion to include that the final decision on the demolition to be made by the Board. Minute Book Number 41 Board of supervisors Closed Session and Regular Meeting of 05/11/16 i � �7 ►,,] The motion was seconded by Supervisor Dunn. The amendment was approved by the following recorded vote: Charles S. DeHaven, Jr. Aye Blaine P. Dunn Aye Gene E. Fisher Nay Robert A. Hess Aye Gary A. Lofton Nay Judith McCann - Slaughter Aye Robert W. Wells Aye The amended 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 2. Project Update: a. Round Hill Fire Station: The Deputy Director indicated that a substantial completion date of April 22, 2016 has been established and forwarded to the contractor for their signature. Issuing the substantial completion will allow the Round Hill Fire Company to occupy the Fire Station and Event Center. b. Landfill CDD Closure: Staff received three (3) bids for the closure of ten (10) acres of CDD Landfill space. The low bid was submitted by C. William Hetzer, Inc, of Hagerstown, Maryland, in the amount of $2,125,770. This amount will be obtained from the landfill reserve fund. Staff had budgeted $2,000,000 for this project. A contract will be awarded following approval by the Board of Supervisors. c. Snowden Bridge $oulevard: The Deputy Director indicated that this project was on schedule. The final road subgrade should be achieved by the end of this week. The construction of the west retaining wall which will support the bridge beams should be completed by mid -May 2016. The actual placement ofthe bridge beams is scheduled for mid - September 2016. Project completion is scheduled for mid - December 2016. d. County Office Alleyway: The alleyway between the county office complex has received paving upgrades to eIirninate standing water and further pavement deterioration. The total cost of this project was below staff's estimated budget. 3. North Mountain Fire Hall Bunk Room. The committee briefly reviewed drawings prepared by Architect David Ganse to construct sleeping rooms within the existing North Mountain Fire Station. The committee unanimously endorsed the concept of the proposed alterations and recommended that the project be submitted to the Finance Committee for their review and approval of a supplemental appropriation. -4. 1Vlisceilaneaus Reports: a. Tonnage Report b. Recycling Report c. Animal Shelter Dog Report d. Animal Shelter Cat Report FUBLIC HEARING Minute Book Number 41 Board of Supervisors Closed Sessian and Regular Meeting of a5 /11116 PUBLIC HEARING - PROPOSED ORDINANCE — SALARIES OF THE BOARD OF SUPERVISORS — PURSUANT TO SECTION 15.2- 1414.3 OF THE CODE OF VIRGINIA 1950 AS AMENDED THE BOARD OF SUPERVISORS WILL HOLD A PUBLIC HEARING TO FIX THE ANNUAL SALARIES OF THE BOARD OF SUPERVISORS AS FOLLOWS: CHAIRMAN $10 800• VICE - CHAIRMAN $10 200• AND EACH OTHER MEMBER OF THE BOARD OF SUPERVISORS AT $9 000 - APPROVED Administrator Garton reviewed the process the Board uses to approve Their salaries. Chairman DeHaven convened the public hearing. Jim Mayer, Winchester, stated the Board. could give themselves a $1,000 raise if THEY save the Clowser House. There being no further comments, Chairman DeHaven closed the public hearing. Supervisor Dunn stated this year he would concur with the salaries as proposed, however, next year he would suggest the Board look at approving a signiftcant pay raise of $15,000 added to the current salaries. He asked the citizens to contact him and the Board to let them know whether they would support this proposal or not. Upon a motion by Supervisor Fisher, seconded by Supervisor Wells, the Board approved the ordinance to set the salaries of the Board. BE IT ORDAINED, the annual salary fir each member of the Frederick County Board of Supervisors, for the #'fiscal year beginning July 1, 2016, shall be as follows: Chairman, $10,800; Viee- Chairman, $10,200; and each other member of the Board of Supervisors at $9,000. . Supervisor Hess stated he did not think you could compensate anyone to make this equivalent to a full -time job. He went onto say that it takes a servant's heart to do this job. Supervisor Fisher stated he chose to run for office to give back to the community. He concluded by saying we do not need full -time supervisors. 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 BOARD LIAISON REPORTS Supervisor Lofton reported on his attendance at the Social Services Board meeting. He stated there was a need for more foster homes in Frederick County. CITIZEN COMMENTS Minute Book Number 41 Board of Supervisors Closed Session and Regular Meeting of OSII l /1G �J� There were no cifiizen comments. BOARD OF SUPERVISORS COMMENTS Supervisor Wells thanked the citizens who came out tonight and voiced their cancerns. Supervisor Slaughter stated the Board had the pleasure of viewing the Service Darning presentations on Monday night. She Hated the projects were truly amazing and Frederick County's future is in gaud hands with those students. Supervisor Dunn thanked the Board far the comments on the Clowser Hause and the salary issue. 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. {8:16 P.M.) k-, � � Charles S. DeHaven, Jr. Chairman, Board of Supervisors rends G. Garton Clerk, Board of Supervisors Minutes Prepared Sy: r Jay Ti s Deputy Clerk, Board of Supervisors Minute Book ]Number 41 Board of Supervisors dosed Session and Regular Meeting of OSll1l16