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July 27 2016 Closed Session and Regular Meeting Minutes11 A Closed Session and Regular Meeting of the Frederick County Board of Supervisors were held on Wednesday, July 27, 2fl16 at 5:00 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; Gary A. Lofton; and Judith McCann - Slaughter. ABSENT Robert A. Hess and Robert W. Wells (Arrived at 5:45 p,m,) CALL TO ORDER Chairman DeHaven called the meeting to order. CLOSED SESSION 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 Virginia, 1950, as amended, for 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, pursuant to Section 2.2 -3711 A (7) of the Code of Virginia, 1950, as amended, for consultation with legal counsel and briefing by staff members pertaining to a litigation matter, Stonewall Industrial Investors, LLC v. Frederick County, Virginia, currently pending in the Frederick County Circuit Court, where such consultation or briefing in an open meeting would adversely affect the negotiating or litigating posture of the public body, and for consultation with legal counsel employed or retained by a public body regarding specific legal matters requiring the provision of legal advice by such counsel. 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 Absent Gary A. Lofton Aye Judith McCann - Slaughter Aye Robert W. Wells Absent (Supervisor Wells arrived at 5:45 p.m. and entered the closed session.) Upon a motion by Vice - Chairman Fisher, seconded by Supervisor Lofton, the Board came out of closed. session and reconvened in open session,. Minute Book 1\umber 42 Board of Supervisors Closed Session and Regular Meeting of 07/27/16 County of Frederick, Virginia oo The above motion was approved by the following recorded vote: Charles S. DeHaven, Jr. Aye Blaine 1?. Dunn Aye Gene E. Fisher Aye Robert A. Hess Absent Gary A. Lofton Aye Judith McCann - Slaughter Aye Robert W. Wells Aye Upon a motion by Vice - Chairman Fisher, seconded by Supervisor Dunn, the Board certified that to the best of each board member's knowledge only acquisition of real property 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, consultation with legal counsel and briefing by staff member pertaining to a litigation matter pursuant to Section 2.2 -3711 A (7) of the Code of Virginia, 1950, as amended, specifically consultation with legal counsel and briefmg by staff members pertaining to a litigation matter, Stonewall Industrial Investors, LLC V. Frederick County Virginia, currently pending in the Frederick County Circuit Court, where such consultation or briefing in an open meeting. would adversely affect the negotiating or litigating posture of the public body, and consultation with legal counsel employed or retained by a public body regarding specific legal matters requiring the provision of legal advice by such counsel 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 Absent Gary A. Lofton Aye Judith McCann - Slaughter Aye Robert W. Wells Aye RECESS Chairman DeHaven recessed the meeting unti17:00 p.m. REGULAR MEETING —CALL TO ORDER Chairman DeHaven called the regular meeting to order. INVOCATION Pastor Ross Halbersma, New Hope Alliance Church, delivered the invocation. PLEDGE OF ALLEGIANCE Minute Book Number 42 Board of Supervisors Closed Session and Regular Meeting of 07/27/16 County of Frederick, Virginia oo Vice- Chairman Fisher led the Pledge of Allegiance. ADOPTION OF AGENDA — APPROVED Upon a motion by Supervisor Lofton, seconded by Supervisor Fisher, 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 Absent 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 foilowing items under the consent agenda: - Resolutions Authorizing Frederick County's Withdrawal from Membership in the Rappahannock Regional Criminal Justice Academy and to Establish Membership in the Skyline Regional Criminal Justice Academy. - Request to Schedule Work Session. - Parks and Recreation Commission Report — Meeting of June 14, 2016. - Parks and Recreation Commission Report — Meeting of July 12, 2016. - Transportation Committee Report. - Resolution Re: Revenue Sharing Programmatic Agreement. The above motion was approved by the foilowing recorded vote: Charles S. DeHaven, Jr. Aye Blaine P. Dunn Aye Gene E. Fisher Aye Robert A. Hess Absent 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 Upon a motion by Supervisor Lofton, seconded by Supervisor Slaughter, the Board approved the minutes from the June 22, 2016 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 Absent Gary A. Lofton Aye Minute Book Number 42 Board of Supervisors Closed Session and Regular Meeting of 07/27/16 County of Frederiek, Virginia 0 ©4 Judith McCann - Slaughter Aye Robert W. Wells Aye COUNTY OFFICIALS PRESENTATION OF RESOLUTION IN MEMORIAM OF RICHARD G. DICK The Board presented a framed copy of a Resolution in Memorial of Richard G. Dick to Mr. Dick's family. The board previously adopted This resolution at its Apri127, 2016 meeting. EMPLOYEE OF THE MONTH AWARD — SOLUTION #001 -16 — APPROVED Upon a motion by Supervisor Dunn, seconded by Supervisor Slaughter, the Board approved David Michael Ellinger as Employee of the Month for July 2016 WHEREAS, the Frederick County Board of Supervisors recognizes that the County's employees are a most 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 upon recommendation by the Human Resources Committee selects one employee from those nominated; and, WHEREAS, David Michael Ellinger who serves as a Sergeant for the Sheriff's Office was nominated for Employee of the Month; and, WHEREAS, David Michael Ellinger was selected as employee of the month based on the merits of his outstanding performance and productivity, positive job attitude and other noteworthy contributions to their office and to the County; and NOW, THEREFORE, BE IT RESOLVED, by the Frederick County Board of Supervisors this 27`h day of July, 2016, that David Michael Ellinger is hereby recognized as the Frederick County Employee of the Month for July 2016; and, BE IT FURTHER RESOLVED that the Board of Supervisors extends gratitude to David Michael Ellinger for his outstanding performance and dedicated service and wishes his continued success in future endeavors; and, BE IT FURTHER RESOLVED, that David Michael Ellinger is hereby entitled to all of the rights and privileges associated with his 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 Absent Gary A. Lofton Aye Judith McCann: Slaughter Aye Robert W. Wells Aye COMMITTEE APPOINTMENTS -NONE RE VEST FROM COMMISSIONER OF THE REVENUE FOR REFUNDS - APPROVED Administrator Garton advised this was a request from the Commissioner of the Revenue Minute Book Number 42 Board of Supervisors Closed Session and Regular Meeting of 07/27!16 County of Frederick, Virginia i! to authorize the Treasurer to refund General Motors LLC the amount of $6,308.37, for personal property taxes and vehicle license fees in 2013, 2014, 201 S, and 2016. This refund resulted from proration of vehicle taxes and fees where vehicles financed by this company were either sold or moved from this locality. Upon a motion by Supervisor Slaughter, seconded by Supervisor Fisher, the Board approved the above 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 Absent Gary A. Lofton Aye Judith McCann - Slaughter Aye Robert W. Wells Aye Administrator Garton advised this was a request from the Commissioner of the Revenue to authorize the Treasurer to refund Wal -Mart Stores East LP /Wal -Mart Supercenter #3344 the amount of $3,811.97, for business equipment taxes for the first half of 2016. This refund resulted from an adjustment of this company filing for 2016 on business equipment. Upon a motion by Supervisor Slaughter, seconded by Supervisor Dunn, the Board approved the above 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 Absent Gary A. Lofton Aye Judith McGann - Slaughter Aye Robert W. Wells Aye Administrator Garton advised this was a request from the Commissioner of the Revenue to authorize the Treasurer to refund Andres Godinez, Jr, the amount of $2,978.09, for proration of personal property taxes for the second half of 2015 and the first half of 2016. This refund resulted from the taxpayer moving out of this locality. Upon a motion by Supervisor Slaughter, second by Supervisor Lofton, the Board approved the above 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 Absent Minute Book Dumber 42 Board of Supervisors Closed Session and Regular Meeting of 07/27/16 County of Frederick, Virginia 1f, Gary A. Lofton Aye Judith McCann, Slaughter Aye Robert W. Wells Aye RESOLUTION ( #002 -16) TO AUTHORIZE THE EXECUTIVE DIRECTOR OF THE WINCHESTER - FREDERICK COUNTY TOURISM�OFFICE TO APPLY FOR APPROPRIATE VIRGINIA DEPARTMENT OF ALCOHOLIC BEVERAGE CONTROL LICENSING FOR THE PURPOSES OF SELLING FOCALLY PRODUCED BEER AND WINE IN THE WINCHESTER - FREDERICK COUNTY VISITOR CENTER GIFT SHOP. - APPROVED Administrator Garton advised this was a request from the Convention &Visitors Bureau to allow the tourism director to apply for a Virginia ABC license in order to sell locally produced beer and wine in the visitor center gift shop. She went on to say the City of Winchester approved this resolution at their meeting last night. Supervisor Dunn stated he was opposed to this proposal and would be offering a substitute motion. He went on to say that he would also be agreeable to a postponement if necessary. Supervisor Slaughter stated she was okay with postponing action, if necessary. She advised that she had spoken with Justin Kerns, Director, as she had a couple of questions. She noted that Bath County does something similar, but recognized this was a new concept for this area. She advised that the alcohol would be locked up when the center was closed. She went on to say that Shenandoah University was okay with this proposal. Supervisor Fisher advised that the e -mail provided by Mr. Kerns answered a lot of his questions. He went onto say the State does permit this. Supervisor Dunn moved to approve a resolution authorizing the executive director of the Winchester - Frederick County tourism office to list the names and addresses, with their consent, of each business that produces locally produces beer and wines in the Winchester - Frederick County visitor center gift shop. "The motion died for the lack of a second. Upon a motion by Supervisor Fisher, seconded by Supervisor Lofton, the Board approved the resolution to authorize the executive director of the Winchester - Frederick County tourism office to apply for appropriate Virginia Department of Alcoholic Beverage Control licensing for the purposes of selling locally produced beer and wine in the Winchester - Frederick County visitor center gift shop. WHEREAS, the Winchester- Frederick County Convention &Visitors Bureau currently sells locally produced products in their gift shop; and., Minute Book Number 42 Board of Supervisors Closed Session and Regular Meeting of 07!27/16 County of Frederick, Virginia I1 WHEREAS, selling these locally produced products in the Winchester- Frederick County Convention &Visitors Bureau has attracted visitors to Winchester and boosted tourism in the community; and, WHEREAS, the Winchester - Frederick County region has a growing craft beer, wine and spirits industry that has progressively expanded and continues to attract a rapidly increasing number of visitors to the region; and, WHEREAS, the Winchester- Frederick County Convention &Visitors Bureau would like to promote this growing industry by selling these locally produced beer and wine products inside the Winchester - Frederick County Convention &Visitors Center; and, WHEREAS, the Winchester- Frederick County Convention &Visitors Bureau has contacted officials at Shenandoah University, local beer and wine retailers, and local beer and wine producers and received positive response; and, WHEREAS, the Winchester- Frederick County Convention & Visitors Bureau lacks the necessary licensing from the Virginia Department of Alcoholic Beverage Control to sell these products onsite. NOW THEREFORE BE IT RESOLVED, that the Frederick County Board of Supervisors hereby authorizes the Executive Director of the Winchester - Frederick County Convention and Visitors Bureau to apply far the necessary licensing from the Virginia Department of Alcoholic Beverage Control to se111ocally produced beer and wine in their gift shop; and, BE IT FURTHER RESOLVED, that the beverages sold by the Winchester - Frederick County Convention &Visitors Bureau will be prohibited from onsite consumption. ADOPTED, this 27th day of July, 2016. The above motion was approved by the following recorded vote; Charles S. DeHaven, Jr, Aye Blaine P. Durm Nay Gene E. Fisher Aye Robert A. Hess Absent Gary A. Loflton Aye Judith McCann - Slaughter Aye Robert W. Wells Nay RESOLUTIONS ( #003 -16 AND #004 -161 AUTHORIZING FREDERICK COUNTY'S WITHDRAWAL FROM MEMBERSHIP IN THE RAPPAHANNOCK REGIONAL CRIMINAL JUSTICE ACADEMY AND TO ESTABLISH MEMBERSHIP IN THE SKYLINE REGIONAL CRIMINAL JUSTICE ACADEMY — APPROVED UNDER CONSENT AGENDA Resolution ( #004 -16) Authorizing the Director of Frederick County Public Safety Communications to take all Necessary Steps to Withdraw from Membership in the Rappahannock Regional Criminal Justice Academy and to Establish Membership in the Skyline Regional Criminal Justice Academy WHEREAS, the County of Frederick has been a training member of the Rappahannock Regional Criminal Justice Academy since i 998 or thereafter; and WHEREAS, the County of Frederick has enjoyed an excellent relationship with the other localities participating in the Academy, and has received thorough and effective training for its Communications Officers at the Academy; and WHEREAS, an analysis of the current training needs by the Frederick County Public Safety Communications has revealed that participation in the Skyline Regional Criminal Justice Academy would provide a Department of Criminal Justice Services curriculum and result in cost savings; and Minute Book Number 42 Board of supervisors Closed Session and Regular Meeting of 07!27116 County of Frederick, Virginia ! 1.► WHEREAS, the Director of the Frederick County Public Safety Communications has determined that it is in the best interest of the Frederick County Public Safety Communications and the County of Frederick to withdraw from membership in the Rappahannock Regional Criminal Justice Academy and establish membership in the Skyline Regional Criminal Justice Academy; and WHEREAS, Section 15.2- 1747 {D) of the Code of Virginia, 1950, as amended, provided that a governmental unit may withdraw from an academy created under this section or § 15.2 -1300 only by two - thirds vote of the board of directors of the academy. The governing body of the governmental unit seeking to withdraw from the academy shall signify its desire by resolution of ordinance. The board of directors shall consider requests to withdraw in October 2016, and in October of every fifth year thereafter. No requests to withdraw shall be considered at any other time, unless agreed to unanimously. Any withdrawal approved by the board of directors shall be effective on June 30 of the following year; and WHEREAS, at the regular May 12, 2016 meeting of the Criminal Justice Services Board unanimous agreement was given to allow the withdrawal of the Frederick County Public Safety Communications from Rappahannock Regional Criminal Justice Academy membership and allow membership in Skyline Regional Criminal Justice Academy, effective June 30, 2017. NOW, THEREFORE, BE IT RESOLVED by the County of Frederick that it hereby expresses its desire for the County to withdraw from the Rappahannock Regional Criminal Justice Academy and to establish membership in the Skyline Regional Criminal Justice Academy for criminal justice purposes; and BE IT FURTHER RESOLVED the Director of Public Safety Communications be, and is hereby, directed to take all actions necessary to effect the withdrawal from the membership of the Rappahannock Regional Criminal Justice Academy and to establish membership in the Skyline Regional Criminal Justice Academy for criminal justice purposes; and BE IT FURTHER RESOLVED that a copy of this resolution shall be sent to the Director of the Rappahannock Regional Criminal Justice Academy and to the Director of the Virginia Department of Criminal Justice Services. Adopted at a regular meeting of the Frederick County Board of Supervisors in Frederick County, Virginia held on July 27.2016. Resolution ( #003 -16) Authorizing the Sheriff of the Frederick County Sheriff s Office to take all Necessary Steps to Withdraw from Membership in the Rappahannock Regional Criminal Justice Academy and to Establish Membership in the Skyline Regional Criminal Justice Academy WHEREAS, the County of Frederick has been a training member of the Rappahannock Regional Criminal Justice Academy since 1998 or thereafter; and WHEREAS, the County of Frederick has enjoyed an excellent relationship with the other localities participating in the Academy, and has received thorough and effective training for its law enforcement officers at the Academy: and WHEREAS, an analysis of the current Training needs by the Frederick County Sheriff's Office has revealed that participation in the Skyline Regional Criminal Justice Academy would provide a Department of Criminal Justice Services curriculum and result in cost savings; and WHEREAS, the Sheriff of the Frederick. County Sheriff s Office has determined that it is in the best interest of the Frederick County Sheriff s Office and the County of Frederick to withdraw from membership in the Rappahannock Regional Criminal Justice Academy and establish membership in the Skyline Regional Criminal Justice Academy; and WHEREAS, Section 15.2- 1747(D) of the Code of Virginia, 1950, as amended, provides that a governmental unit may withdraw from an academy created under This section or § 15.2 -1300 only by two- thirds vote of the board of directors of the academy. The governing body of the Minute Book Number 42 Board of Supervisors Closed Session and Regular Meeting of 07/27/16 County of Frederick, Virginia i governmental unit seeking to withdraw from the academy shall signify its desire by resolution or ordinance. The board of directors shall consider requests to withdraw in October 2016, and in October of every fifth year thereafter. No requests to withdraw shall be considered at any other time, unless agreed to unanimously. Any withdrawal approved by the board of directors shall be effective on June 30 of the following year; and WHEREAS, at the regular May 12, 2016 meeting of the Criminal Justice Service Board unanimous agreement was given to allow the withdrawal of the Frederick County Sheriff's Office from Rappahannock Regional Criminal Justice Academy membership and allow membership in Skyline Regional Criminal Justice Academy; effective June 30, 2017. NOW, THEREFORE BE IT RESOLVED by the County of Frederick that it hereby expresses its desire for the County to withdraw from the Rappahannock Regional Criminal Justice Academy and to establish membership in the Skyline Regional Criminal Justice Academy for criminal justice purposes; and BE IT FURTHER RESOLVED the Sheriff of the Frederick County Sheriff's Office be, and is hereby, directed to take all actions necessary to effect the withdrawal from the membership of the Rappahannock Regional Criminal Justice Academy and to establish membership in the Skyline Regional Criminal Justice Academy for criminal justice purposes; and BE IT FURTHER RESOLVED that a copy of this resolution shall be sent to the Director of the Rappahannock Regional Criminal Justice Academy and to the Director of the Virginia Department of Criminal Justice Services. Adopted at a regular meeting of the Frederick County Board of Supervisors in Frederick County, Virginia held on July 27, 2016. REQUEST TO SCHEDULE WORK SESSION — APPROVED UNDER CONSENT AGENDA The Board scheduled a work session for Wednesday, September 14, 2016 at 4:00 p.m. to hear a presentation from the financial consultant. COMMITTEE REPORTS PARKS AND RECREATION COMMISSION REPORT — MEETING OF JUNE 14.2016 — APPROVED UNDER CONSENT AGENDA The Parks and Recreation Commission met on June 14, 2016. Members present were: Randy Carter, Christopher Fordney, Natalie Gerometta, Gary Longerbeam, Ronald Madagan, and Blaine Dunn (BOS Liaison). Members absent were: Patrick Anderson and Charles Sandy, 7r. Items Requiring Board of Supervisors Action: None Submitted for Board Information Only: 1. Sherando Park Master Plan Update — Mr. Madagan moved to have Land Planning and Design Associates create the final Sherando Park Master Plan witllout the lake, second by Mr. Fordney, carried unanimously (5 -0 }. 2. Policy/Procedure Revisions — Donations — Ms. Gerometta moved to allow any individual or organization donating a shelter be gzanted three free usages of the shelter on an annual basis, second by Mr. Madagan, carried unanimously (5 -0). 3. Foliey/Procedure Revisions — Donations Request from Outside Entities — Mr. Carter moved to accept the Donation Request from Outside Entities procedure as submitted, second by Mr. Madagan, carried unanimously (5 -0). 4. Public Relations Committee — Winter Wonderland —The Public Relations Minute Book. Number 42 Board of Supervisors Closed Session and Regular Meeting of 07/27/16 County of Frederick, Virginia 01 �I Committee recommended Winter Wonderland fees include value pricing. of Adults $5.00 and Children $3.00 on Monday - Thursday and premium pricing of Adults $10.00 and Children $5.00 on Friday - Sunday to redistribute attendance, the .motion was not passed due to lack of a second. Mr. Madagan moved to table the Winter Wonderland fee adjustment until the July meeting, second by Ms. Gerometta, carried unanimously (5 -0). PARKS AND RECREATION COMMISSION REPORT — MEETING OF JULY 12, 2016 — APPROVED UNDER CONSENT AGENDA The Parks and Recreation Commission met on July 12, 2016. Members present were: Patrick Anderson, Christopher Fordney, Natalie Gerometta, Gary Longerbeam, Ronald Madagan, Charles Sandy, Jr., and Blaine Dunn (BOS Liaison). Member absent was: Randy Carter. Items Requiring_Board of Supervisors Action: None Submitted for Board Information Only: 1. Winter Wonderland — Mr. Madagan moved to charge Winter Wonderland fees which include value pricing of Adults $5.00 and Children $3.00 on twenty six nights and premium pricing of Adults $10.00 and Children $5.00 on nine nights to redistribute attendance, second by Mr. Anderson, carried unanimously (6 -0). 2. Play Fund — Mr. Anderson moved to request a supplemental appropriation in the amount of $717.25 from the Finance Committee to be included in FY16 and be disbursed to revenue codes where financial assistance was used, second by Mr. Madagan, carried unanimously (6 -0). This recommendation will be forwarded to the Finance Committee prior to requiring Board of Supervisors action. 3. Youth Sports Partners /Appeals/Public Relations Committee —The Youth Sports Partners /Appeals /Public Relations Committee recommended adopting the Youth Sports Partner Agreements for Frederick County American Little League, Frederick County National Little League and Blue Ridge Youth Soccer Association as submitted, second by Ms. Gerometta, carried unanimously (6 -0). 4. Buildings and Grounds Committee — Closed Session: Mr. Madagan moved to convene into closed session under Virginia Code 2.2- 3711A(3) for discussion or consideration of the acquisition of real property for a public purpose, or 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 public body, second by Mr. Anderson, motion carried unanimously (6 -0). Mr. Madagan moved to exit closed session, second by Mr. Anderson, carried unanimously (6 -0). All commission members were polled re: any discussion besides the matter for closed session, all said no. TRANSPORTATION COMMITTEE REPORT — APPROVED UNDER CONSENT AGENDA The Transportation Committee met on June 20, 2016 at 9:00 a.m. Members Present Members Gary Lofton (voting) Judith McCann- Slaughter (voting} Gene Fisher (voting) James Racey (voting) Barry Schnoor (voting) Lewis Boyer (liaison Stephens Ciry) Absent Mark Davis (liaison Middletown) Gary Oates (liaison PC) ** *Items Requiring Action * ** Minute Baok iVumber 42 Board of Supervisors Closed Session and Regular Meeting of 07/27!15 County of Frederick, Virginia Q 1 's None ** *Items Not Requiring Action * ** 1. Interstate, Primary, and Secondary Road Plan Updates. Staff presented the drat# plans to the committee for their consideration and noted the updates from last year. On a Motion by Mrs. McCann - Slaughter that was seconded by Mr. Fisher the Committee unanimously recommended approval to the Board of Supervisors. This item will be before the Board under its own agenda item. 2. VDOT Project Updates VDOT staff was on hand to update the Committee on a couple of items as follows: Exit 313 Bridge —Noted that the study has proceeded and the deficient status of the bridge continues to be of concern. This project is expected to be an application for funding under SmartScale (formerly HB2) through the Metropolitan Planning Organization. Exit 310 — VDOT staff addressed the backups that have been occurring along Tasker Road since the realigned Tasker was opened up and noted that once work at the tap of the I -81 exit ramps was completed and the remaining 37 lanes were able to reopen that this condition should be resolved. 3. County Project Updates Snowden Bridge Blvd: Construction is underway and on schedule at this time. Tevis Street Extension/Airport Road/I -$1 Bridge: The Applicant has the draft revenue sharing agreement but has not yet executed it. The Applicant has been working through issues with VDOT regarding entrances on the masterplan. These masterplan discussions appear to be complete and staff is awaiting the new masterplan submission. In addition, Staff is actively engaged in negotiations on the agreement with frequent communication taking place. Renaissance Drive: Staff Coordinated with the EDA to complete an application for additional state funds.. In addition, since the Committee meeting, staff has been notified that CSX has approved the County's initial proposal for an at grade crossing should one be needed. 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. 4. Other HUMAN RESOURCES COMMITTEE REPORT - API'KOVED The HR Committee met in the First Floor Conference Room at 107 North Kent Street at 8:00 a.m. on Friday, May 13, 2016. All HR Committee members were present. Others present were: Brenda Garton, County Administrator; Kris Tierney, Deputy County Administrator; Lynsey Orndorff, HR Generalist; Delsie Jobe, Administrative Services Manager, DSS; Sharon Kibler, Asst. Finance Director; Steve Hawkins, Major for the Sheriffls Office; and Denny Linaburg, Fire Chief. Minute Book Number 42 Board of Supervisors Closed Session and Regular Meeting pf 07/27/16 County of Frederick, Virginia Oil ** *Items Requiring Board Action * ** L Employee of the Month, - APPROVED The Committee reviewed the attached employee of the month for July. Upon a motion by Beth Lewin, seconded by Blaine Dunn, the Committee recommended approval; the motion was approved unanimously. 2. HR Policy Revision, Section 8.3, Paid Time Off Policy. - APPROVED The Committee reviewed the attached policy revision regarding a paid time off change for the Fire &Rescue Department. The accruals will be based on the recent schedule change from 2600 hours to 2756 hours per year worked. Upon a motion by Beth Lewin, seconded by Don Butler, the Committee recommended approval of the policy revision; the motion was approved unanimously, Upon a motion by Supervisor Fisher, seconded by Supervisor Wells, the Board approved the proposed HR Policy Revision. 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 Absent Gary A. Lofton Aye Judith McCann - Slaughter Aye Robert W. Wells Aye ** *Items Not Requiring Action * ** El�1t:5iTa There being no further business, the meeting was adjourned. The next HR Committee meeting is scheduled for Friday, July 15, 2016 at 8:00 a.m. CODE AND ORDINANCE COMMITTEE REFORT - APPROVED The Code &Ordinance Committee met on Friday, July 1, 2016 at 9:00 A.M., in the First Floor Conference Room, County Administration Building, 107 Nor €h Kent Street, Winchester, Virginia. Code and Ordinance Committee members present were Blaine P. Dunn, Chairman; Robert A. Hess, Robert W. Wells, and James Drown. Committee members Derek Aston and Stephen Butler were absent. Also present were County Administrator Brenda G. Garton, Deputy County Administrator Jay E. Tibbs, County Attorney Rod Williams, Becky Merriner, HR Director, Sheriff Lenny Millholland, Major Steve Hawkins, Ann B. Lloyd, Clerk of the Frederick - Winchester JDR Court, Debra Bull, General District Court Clerk, Dr. Al Orndorff, Assistant Superintendent for Instruction for Frederick County Public Schools, John Grubbs, Transportation Director for Frederick County Public Schools, Beth Brown, Supervisor of Driver Operations for Frederick County Public Schools, and Elizabeth Keplinger, Director of Driver Training for Frederick County Public Schools. The committee submits the following: ** *Items Requiring Board Action * ** 1. Proposed Amendment to the Frederick County Code, Chapter 158, Vehicles and Traffic, Article V, School Buses; Section 158 -19, Passing Stopped School Buses; Penalty; Prima Facie Evidence; to Add this Section to Authorize the Use of a Video - Monitoring System to Record and Enforce Violations of Code of Virginia §46.2 -859, Passing a Stopped School Bus. (See Attached.) —SENT FORWARD FOR PUBIJIC HEARING Minute Book Number 42 Board of Supervisors Closed Session and Regular Meeting of 07/27/76 Couuty of Frederick, Virginia 01 County Attorney Rod Williams provided a brief overview of this proposed amendment. He noted this enabling ordinance would allow Frederick County Public Schools to acquire and install video monitoring systems on the outside of their school buses to record and enforce violations of Code of Virginia §4b.2 -859, Passing a Stopped School Bus. Dr. Omdorff advised the school system's interest in this program is safety of the students getting on and off of the school buses. Following Dr. Omdorff, Mr. John Grubbs, Transporta_ tion Director, gave a short presentation to the committee showing; - National statistics regarding student injuries and deaths from vehicles passing stopped buses; - Overview of the camera system to include mounting and sight coverage; - How the summons process would work once a violation has been confirmed. Mr. Grubbs reviewed results of the pilot program involving cameras on two buses. The cameras captured a total of 279 violations with 214 occurring on one bus route. It was noted that any revenue generated from the fines assessed through this program would be split 75 % -25% between the vendor and the locality with the vendor receiving 75 %. Dr. Orndorff advised this system could not cost Frederick County schools anything because they did not have any available funds to implement this program. Ms. Ann Lloyd, Clerk of the Frederick County - Winchester JDR Court, was supportive of the concept, but raised concerns about the possible strain the amount of additional summonses would put on the courts and staff. Mr. Hess suggested possibly using the share of the funds received by the County to offset some of the impact on the clerks' offices, Upon a motion by Mr. Hess, seconded by Mr. Wells, the Committee forwarded this proposed ordinance to the Board of Supervisors for public hearing with a recommendation of approval and with the funds collected to be used to offset a portion of the costs to the district courts. The motion was unanimously approved. Upon a motion by Supervisor Dunn, seconded by Supervisor Slaughter, the Board sent the proposed amendment forward for public hearing. 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 Absent Gary A, Lofton Aye Judith McCann - Slaughter Aye Robert W. Wells Aye 2. Proposed Amendment to #be Frederick County Code, Clrapter 19, Personnel Policies, Section 19 -1 Employee Recognition Program; to Add this Section to Authorize the Payment of Monetary Bonuses to Officers and Employees. (See Attached.) — REFERRED BACK TO COMMITTEE County Attorney Rod Williams provided a brief overview of this proposed amendment. He noted this authorizing ordinance would allow for bonus payments to county employees and officers. Upon a motion by Mr. Hess, seconded by Mr. Wells, the Committee forwarded this proposed ordinance to the Board of Supervisors for public hearing with a recommendation of approval. The motion was unanimously approved. Minute Book Number 42 Board of Supervisors Closed Session and Regular Meeting of 07!27116 County of Frederick, Virginia 014 Supervisor Dunn moved to send this item forward for public hearing. The motion was seconded by Supervisor Fisher. Supervisor Lofton asked about the types of actions or level of performance that might make someone eligible for a bonus, Administrator Garton noted this action would move the ordinance forward so it could be adopted by the Board. She stated staff would then need to develop guidelines to govern the program to include monetary limits, circumstances, and money in the budget. Supervisor Lofton stated he would like to have the parameters of the program in place prior to enacting the ordinance. Supervisor Slaughter concurred with Mr. Lofton. She stated she would have trouble supporting a program without understanding all of the particulars. Supervisor Wells agreed. He went on to say that he had never been a proponent of bonuses. Supervisor Dunn stated the item could be sent back to the Code &Ordinance and HR Committees for a review of the program parameters. Supervisor Fisher agreed. The Board's consensus was to send the bonus ordinance back to the respective committees for a review of the proposed program parameters. ** *Items Not Requiring Board Action * ** 1, Review of the Committee Charter. (See Attached.) The committee charter was reviewed, No changes were made to the current charter. There being no further business, the meeting adjourned at 10:20 a.m. FINANCE COMMITTEE REPORT - APPROVED A Finance Committee meeting was held in the First Floor Conference Room at 107 North Kent Street on Wednesday, July 20, 2016 at 8:00 a.m. All members were present. Items 1, 2, and 4 were approved under consent agenda. Upon a motion by Supervisor Slaughter, seconded by Supervisor Lofton, the Board approved the consent agenda by the following recorded vote; Charles S. DeHaven, Jr. Aye Blaine P. Dunn Aye Gene E. Fisher Aye Robert A. Hess Absent Gary A. Lofton Aye Judith McCann - Slaughter Aye Robert W. Wells Aye Minute Book Number 42 Board of Supervisors Closed Session and 13egular Meeting of 07!27/16 County of Frederick, Virginia 01 1. The Sheriff requests an FY 2016 General Fund supplemental appropriation in the amount of $100. This amount represents a PARE donation. No additional local funds required. See attached memo, p. 5. — APPROVED UNDER CONSENT AGENDA 2. The Sheriff requests an_ FY 2016 General Fund supplemental appropriation in the amount of $887.70. This amount represents an investigation reimbursement, No local funds required. See attached memo, p. 6. — APPROVED UNDER CONSENT AGENDA 3. The EDA Executive Director requests an FY 2017 EDA Fund supplemental ��ropriation in the amount of $16,800. This amount represents compensation for the EDA Board of Directors. No local funds required. See attached memo, p. 7. The committee recommends approval. - APPROVED Upon a motion by Supervisor Slaughter, seconded by Supervisor Dunn, the Board approved the above request. Supervisor Lofton stated that he was a member of the EDA, but would not receive the compensation; therefore, he would be voting on this proposal, 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 Absent Gary A. Lofton Aye Judith McCann - Slaughter Aye Robert W. Wells Aye 4. The Public Safety Communications Director requests an FY 2017 General Fund sup�lemental�propriation in the amount of $2,000. This amount represents a PSAP Education Program Grant. No local funds required. See attached memo, p. 8 — 9. — APPROVED UNDER CONSENT AGENDA 5. The Public Works Director requests an FY 2017 General Fund supplemental appropriation in the amount of $82,000. This amount represents funds needed for the purchase of three mid -size pickup trucks (2 for Inspections, 1 for Engineering }. See attached information, p. l0 — 18. The_ committee recommends approval. — REFERRED BACK TO FINANCE COMMITTEE IN 90 DAYS Upon a motion by Supervisor Slaughter, seconded by Supervisor Dunn, the Board referred this item back to the Finance Committee in 90 days. 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 Absent Gary A. Lofton Aye Judith McCann - Slaughter Aye Robert W. Wells Aye 6. The Director of Public Works requests an FY 2017 General Fund supplemental appropriation in the amount of $35,000. This amount represents unspent FY 2016 funds to be used for site testing to relocate the Clearbrook citizens' convenience site. See attached information, p. 19. The committee recommends approval. - APPROVED Upon a motion by Supervisor Slaughter, seconded by Supervisor Wells, the Board Minute Book Number 42 Board of Supervisors Closed Session and Regular Meeting of Q7/27/t6 County of Frederick, Virginia ��� 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 Absent Gary A. Lofton Aye Judith McCann - Slaughter Aye Robert W. Wells Aye 7. The Victim Witness Director requests an FY 2017 General Fund supplemental appropriation in the amount of $100.173. This amount represents an increase in grant funds far FY 2017. No local funds required. See attached information, p. 20 — 24. The committee recommends approval. - APPROVED Upon a motion by Supervisor Slaughter, seconded by Supervisor Dunn, 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 Absent Gary A. Lofton Aye Judith McCann - Slaughter Aye Robert W. Wells Aye 8. The Fire &Rescue Chief requests an FY 2016 EMS Recovery Fund (Fund 301 supplemental appropriation in the amount of $324 465 This amount represents funds needed for 4a' quarter mileage and 31d quarter revenue recovery payments. No local funds required. See attached memo, p. 25. The committee recommends approval. - APPROVED Upon a motion by Supervisor Slaughter, seconded by Supervisor Fisher, 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 Absent Gary A. Lofton Aye Judith McCann - Slaughter Aye Robert W. Wells Aye 9. The Transportation Director requests an FY 2017 Development Projects Fund (Fund 27 su lemental a ro riation in the amount of $12 75I $72. This amount represents an executed revenue sharing agreement for the I -81 Bridge /Tevis/Roundabout/Airport Road project. The project will be shared by VDOT and R 150 SPE LLC. No local funds required. This item will require a public hearing, See attached information, p. 26 — 37. The committee recommends advertising for a public hearing. - APPROVED Upon a motion by Supervisor Slaughter, seconded by Supervisor Lofton, the Board approved sending this item forward for public hearing. The above request was approved by the following recorded vote: Charles S. DeHaven, Jr. Aye Blaine P. Dunn Aye Gene E. Fisher Aye Robert A. Hess Absent Gary A. Lofton Aye Minute Book Number 42 Board of Supervisors Closed Session and Regular Meetiug of 07/27/16 County of Frederick, Virginia O1 Judith McCann - Slaughter Aye Robert W. Wells Aye 10. The Parks and Recreation Commission requests the donations received in FY16 for the PLAY Fund in the amount of $2877.76 be reserved, subject to future appropriations. This amount represents the collection of $3,595 reduced by the financial assistance provided during FY16 in the amount of $717.24. No local funds required. See attached memo, p. 38 — 41. The committee recommends approval. - APPROVED Upon a motion by Supervisor Slaughter, seconded by Supervisor Dunn, 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 Absent Gary A. Lofton Aye Judith McCann - Slaughter Aye Robert W. Wells Aye 11. Greenwood Volunteer Fire &Rescue Company requests an FY 2017 General Fund supplemental appropriation in the amount of $37.771, This amount represents proffer funds to assist with the purchase of a ladder truck. No local funds required. See attached Proffer Policy and letter, p. 42 — 43. The committee recommends approval. - APPROVED Upon a motion by Supervisor Slaughter, seconded by Supervisor Dunn, 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 Absent Gary A. Lofton Aye Judith McCann - Slaughter Aye Robert W. Wells Aye 12. The County Administrator requests an FY 2017 General Fund supplemental appropriation in the amount of $2,366,365. This amount represents unspent FY 20i6 capital contingency funds. See attached information, p. 44. 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. Blaine P. Dunn Gene E. Fisher Robert A. Hess Gary A. Lofton Judith McCann - Slaughter Robert W. Wells Aye Aye Aye Absent Aye Aye Aye Information Only 1. The .Finance Director provides a Fund 10 Transfer Report for June 2016. See attached, p. 45 — 46. 2. The Finance Director provides a preliminary FY 2016 Fund Balance Report ending June 30, 2016. See attached, p. 47. Minute Book R`umber 42 Board of Supervisors Closed Session and Regular Meeting of 07/27/16 County of Frederick, Virginia o � �; 3. The Voter Registrar provides information on the reimbursement received for the March 1, 2016 presidential primaries. See attached memo, p. 48. 4. The Government Finance Officers Association (GFOA) has awarded the County the Award for Outstanding Achievement in Popular Annual Financial Reporting for the Tune 30, 2015 Popular Annual Financial Report (PAFR). This is the 9th consecutive year that Frederick County has received this achievement. See attached, p. 49 — 50. 5. The Government Finance Officers Association (GFOA) has awarded the County the Award for Outstanding Achievement for Excellence in Financial Reporting for the June 30, 2015 Comprehensive Annual Financial Report {CAFR). This is the 30th consecutive year that Frederick County has received this achievement. See attached, p. 51 — 52. PLANNING COMMISSION BUSINESS PUBLIC HEARING PUBLIC HEARING - CONDITIONAL USE PERMIT #03 -16 FOR VERIZON WIRELESS COMMERCIAL TELECOMMUNICATIONS FACILITY SUBMITTED TO CONSTRUCT A WIRELESS TELECOMMUNICATIONS FACILITY CONSISTING OF A 1.50 FOOT MONOPOLE WITH CAPACITY FOR AT LEAST 3 CARRIERS APPLICANT INCLUDED AND 50 X 50 FOOT E UIPMENT COMPOUND BASE. THE PROPERTY IS LOCATED AT GRACE BRETHREN CHURCH AT 143 GREENWOOD ROAD AND IS IDENTIFIED WITH PROPERTY IDENTIFICATION NUMBER 55 -A -79 IN THE REDBUD MAGISTERIAL DISTRICT. — (RESOLUTION #005 -1b) - APPROVED Zoning and Subdivision Administrator Mark Cheran appeared before the Board regarding this item. He advised this was an application for a conditional use permit. The property is located at 143 Greenwood Road and is zoned RA (Rural Areas) District. The current land use is a church: The adjacent properties are zoned B2 (General Business) and RP {Residential Performance) Districts. Zoning Administrator Cheran advised that wireless telecommunications facilities were allowed in the RA District with an approved conditional use permit. The property is also located in the Urban Development Area and the Sewer and Water Service Area, The proposed site is in the vicinity of the 3`d Battle of Winchester. In addition to the conditional use permit, the application is seeking a setback waiver to reduce the setback requirement by b0 feet. He concluded by saying the Planning Commission recommended approval. Supervisor Slaughter asked if the FAA requirements concerning lighting were met. Zoning Administrator Cheran responded yes. Supervisor Lofton asked about the waiver request and if it was needed because the property line distance did not meet that requirement. Zoning Administrator Cheran responded yes. Supervisor Dunn advised that in the future he would like to see multiple hearing notice signs on properties subject to public hearing rather one sign so residents would have ample Minute Book Number42 Board of Supervisors Closed Session and Regular Meeting of 07/27/16 County of Frederick, Virginia 01 opportunity to see them. Traci Themak, representing Verizon, appeared before the Board to answer any questions. In response to comments concerning tower collapses, Ms. Themak responded that collapses were rare; however, the towers were designed to collapse on themselves. She noted that 37 adjacent property owners were notified of this application and hearing, She concluded by saying the applicant concurred with the conditions. Supervisor Lofton stated that he would like some assurance there was a need for more coverage, data, etc. Ms. Themak responded there was a need for more data in that area. Chairman DeHaven convened the public hearing. There were no public comments. Chairman DeHaven closed the public hearing. Upon a motion by Supervisor Dunn, seconded by Supervisor Fisher, the Board approved conditional use permit 03 -16. WHEREAS, Conditional Use Permit #03 -16 of Cellco Partnership d/b /a Verizon Wireless, submitted by Cellco Partnership d/b /a Verizon Wireless, to enable the construction of a 150 foot, Monopole Telecommunications Facility with a 50 x 50 foot equipment compound and a setback waiver fora 65 foot setback reduction was considered. The Property is located at 143 Greenwood Road and is further identified with Property Identification Number 55 -A -79 in the Redbud Magisterial District; and WHEREAS, the Frederick County Planning Commission held a public hearing on the Conditional Use Permit on June 15, 2016, and recommended approval of the Conditional Use Permit with conditions: and, WHEREAS, the Frederick County Board of Supervisors held a public hearing on this Conditional Use Permit during their regular meeting on July 27, 2016; and, WHEREAS, the Frederick County Board of Supervisors finds the approval of this Conditional Use Permit to be in the best interest of the public health, safety, welfare, and in conformance with the Comprehensive Policy Plan; ' NOW, THEREFORE, BE IT ORDAINED by the Frederick County Board of Supervisors that Chapter 165 of the Frederick County Code, Zoning, is amended to revise the zoning map to reflect that Conditional Use Permit Application #03 -16 to enable the construction of a 150 foot, Monopole Telecommunications Facility with a 50 x 50 foot equipment compound and a setback waiver of a 65 foot setback reduction with the following conditions: 1. All review agency comments and requirements shall be complied with at all times. 2. The tower shall be available for collocating personal wireless services providers. 3. A minor site plan shall be approved by Frederick County 4. The tower shall be removed by the Applicant or Property Owner within twelve (12) months of abandonment of operation. 5. In the event a telecommunications tower is not erected within twelve (12) months of the Minate Book Number 42 Board of Supervisors Closed Session and Regular Meeting of 07/27/16 County of Frederick, Virginia approval of this Conditional Use Permit, the CUP will be deemed invalid. 6. Any expansion or modification of this use will require a new Conditional Use Permit. Passed this 27�' day of July, 2016 by the following recorded vote: Charles S. DeHaven, Jr. Aye Blaine P. Dunn Aye Gene E. Fisher Aye Robert A. Hess Absent Gary A. Lofton Aye Judith McCann - Slaughter Aye Robert W. Wells Absent for vote PUBLIC HEARING - CONDITIONAL USE PERMIT #OS -16 FOR EDWIN ELVIRA, WHICH SUBMITTED FOR A RETAIL NURSERY/LANDSCAPING STORE. THE PROPERTY IS LOCATED AT .1590 FAIRFAX PIKE WHITE POST, VIRGINIA AND IS IDENTIFIED WITH PROPERTY IDENTIFICATION NUMBER 87 -1 -B IN THE OPEQUON MAGISTERIAL DISTRICT (RESOLUTION #006 -16) - APPROVED Planner Tyler Klein appeared before the Board regarding this item. He advised this was an application for a conditional use permit for a retail nursery /landscaping store. The property is located in White Post and is zoned RA (Rural Areas) District. The proposed use is allowed in the RA District with an approved conditional use permit. He noted in this particular instance a new conditional use permit was required in order to reestablish this use. He concluded by saying the Planning Commission recommended approval. Supervisor Lofton asked if four employees would be enough. Planner Klein responded that number was set by the Health Department due to water /sewer reasons. Edwin Elvira, applicant, responded that he was comfortable with four employees. Chairman DeHaven convened the public hearing. Rosella Fansler, Opequon District, asked how big the proposed store would be. Chairman DeHaven closed the public hearing. Planner Klein advised the applicant would use existing structures and there would be no new buildings constructed on site. Upon a motion by Supervisor Wells, seconded by Supervisor Lofton, the Board approved conditional use permit #OS -16. WHEREAS, Conditional Use Permit #05 -16 of Edwin Elvira, submitted by Edwin Elvira for a retail nursery /landscaping business in the RA (Rural Areas) Zoning District was considered. The Property is located at 1590 Fairfax Pike, White Post, Virginia and is further identified with Properly Identification Number 87 -1 -8 in the Opequon Magisterial District; and WHEREAS, the Frederick County Planning Commission held a public hearing on the Minute Book Number 42 Board of Supervisors Closed Session and Regular Meeting of07/27l16 County of Frederick, Virginia Conditional Use Permit on July 6, 2016, and recommended approval of the Conditional Use Permit with conditions: and, WHEREAS, the Frederick County Board of Supervisors held a public hearing on this Conditional Use Permit during their regular meeting on July 27, 2016; and, WHEREAS, the Frederick County Board of Supervisors finds the approval of this Conditional Use Permit to be in the best interest of the public health,. safety, welfare, and in conformance with the Comprehensive Policy Plan; NOW, THEREFORE, BE IT ORDAINED by the Frederick County Board of Supervisors that Chapter 165 of the Frederick County Code, Zoning, is amended to revise the zoning map to reflect that Conditional Use Permit Application #OS -16 for a retail nursery /landscaping business on the parcel identified by Property Identification Number (PIN) 87 -1 -B with the following conditions: 1. All review agency comments and requirements shall be complied with at all times. 2. An engineered site plan shall be submitted to and approved by Frederick County and all improvements completed prior to establishment of the use. 3. One, non - illuminated, freestanding monument business sign is allowed with this Conditional Use Permit that is no more than five (5) feet tall and no more than fifty (50) square feet in area. 4. Hours of operation shall be limited to 8 a.m. to 8 p.m, seven {7) days a week. S. The site should have no more than four (4) employees. 6. Any expansion or change of use shall require a new Conditional Use Permit. Passed this 27th day of July, 2016 by the following recorded vote: Charles S. DeHaven, Jr. Aye Blaine P. Dunn Aye Gene E. Fisher Aye Robert A. Hess Absent Gary A. Lofton Aye Judith McCann- Slaughter Aye Robert W. Wells Aye PUBLIC HEARING - REZONING #04 -16 FOR SNOWDEN BRIDGE STATION SUBMITTED BY GREYWOLFE, INC., TO REZONE 11.340 ACRES FROM THE Ml (LIGHT INDUSTRIAL) DISTRICT TO THE B2 (GENERAL BUSINESS) DISTRICT, AND 2.629 ACRES FROM THE Ml (LIGHT INDUSTRIAL) DISTRICT TO THE B3 (INDUSTRIAL TRANSITION) DISTRICT WITH PROFFERS. THE PROPERTIES ARE LOCATED ON THE SOUTHEASTERN SIDE OF MARTINSBURG PIKE (ROUTE 11) AND SOUTHERN SIDE of SNOWDEN BRIDGE BOULEVARD AND ARE- IDENTIFIED BY PROPERTY IDENTIFICATION NUMBERS 43C -3 -2, 43C -3 -3, 43C -3 -4, 43C -3 -4A, '43 -A -150, 43- A -151A, AND 43- A -151B IN THE STONEWALL MAGISTERIAL DISTRICT. — (RESOLUTION #007 -161 - APPROVED Assistant Director Candice Perkins. appeared before the Board regarding this item. She advised this was a proposal to rezone 13,9 acres from M1 (Light Industrial) District to the $2 (General Business) District and B3 (Industrial Transition) District with proffers. The property is located on the southeast side of Martinsburg Pike and is in the Sewer and Water Service Area and the Northeast Land Use Plan. She Hated the Comprehensive Plan identified this area with Minute Book Number 42 Board of Supervisors Closed Session and Regular Meeting of 07!27/16 CounTy of Frederick, Virginia i ©2.� industrial land uses. The proposed land uses are inconsistent with the current land use plan; however, this rezoning request may be acceptable. She went on to say the applicant has proffered to limit the number of restricted entrances on Martinsburg Pike to two and one on Snowden Bridge Boulevard. The maximum number of vehicle trips has been limited to 6,303 per day. The applicant has also proffered a 10 foot right -of- -way dedication for Martinsburg Fike. In addition, the applicant has proffered a monetary contribution of $0.10 per building square foot for Fire and Rescue. She concluded by saying the Planning Commission has recommended approval. Gary Oates, Gxeywolfe, Inc., appeared befoxe the Board to answer any questions. Supervisor Lofton asked about the 6,303 vehicle trips per day. Mr. Oates responded that. the maximum trips were based on restaurant uses, which are allowed in the Ml .and B2. He noted the owner was looking at other uses such as gas stations, pharmacy, etc,, which have less traffic. He noted this cap would still allow a restaurant. Chairman DeHaven convened the public hearing. There were no public comments. Chairman DeHaven closed the public hearing. Upon a motion by Supervisor Slaughter, seconded by Supervisor Dunn, the Board approved rezoning #04 -16. WHEREAS, Rezoning #04 -16 of Snowden Bridge Station, submitted by GreyWolfe, Inc., to rezone 11.340 acres from the M1 (Light Industrial) Zoning District to the B2 (General Business) `Coning District, and 2.629 acres from the M1 (Light Industrial) Zoning District to the B3 (Industrial Transition) Zoning District with Proffers final revision date of May 17, 2016 was considered. The Properties are located on the southeastern side of Martinsburg Pike (Route 11) and the southern side of Snowden Bridge Boulevard. The Properties are further identified by PIN(s) 43C -3 -2, 43C -3 -3, 43C -3 -4, 43C -3 -4A, 43 -A -150, 43- A -151A and 43- A -151B in the Stonewall Magisterial District; and WHEREAS, the Planning Commission held a public hearing on this rezoning on June 15, 2016 and recommended approval; and WHEREAS, the Board of Supervisors held a public hearing on this rezoning on July 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 in conformance with the Comprehensive Policy Plan; NOW, THEREFORE, BE IT ORDAINED by the Frederick County Board of Supervisors, that Chapter 165 of the Frederick County Code, Zoning, is amended to revise the Zoning District Map to rezone 11,340 acres from the M1 (Light Industrial) Zoning District to the B2 (General Business) Zoning District, and 2,629 acres from the M1 (Light Industrial.) Zoning District to the B3 (Industrial Transition) Zoning District with Proffers final revision date of May 17, 2016. The conditions voluntarily proffered in writing by the Applicant and the Property Owner are Minute Book Number 42 Board of Supervisors Closed Session and Regular Meeting of 07/27/16 County of Frederick, Virginia 02 attached. This ordinance shall be in effect on the date of adoption. Passed this 27th day of July, 2016 by the following recorded vote: Charles S. DeHaven, Jr. Aye Blaine P. Dunn Aye Gene E. Fisher Aye Robert A. Hess Absent Gary A. Lofton Aye Judith McCann - Slaughter Aye Robert W. Wells Aye PUBLIC HEARING - REZONING #OS -16 FOR CB VENTURES LLC SUBMITTED BY GREENWAY ENGINEERING, TO REZONE 3.75 +/- ACRES FROM THE B3 (INDUSTRIAL TRANSITION) DISTRICT TO THE B2 (GENERAL BUSINESS) DISTRICT, AND 1.23 +/- ACRES FROM THE B2 GENERAL BUSINESS DISTRICT TO THE B2 GENERAL BUSINESS DISTRICT WITH PROFFERS. THE PROPERTY IS LOCATED ON THE SOUTH SIDE _OF MARTINSBURG PIKE (US ROUTS 11) AND THE NORTHEAST SIDE OF AMOCO LANE (ROUTE 839) AT THE SOUTHWEST QUADRANT OF INTERSTATE 81 EXIT 317 AND IS IDENTIFIED BY PROPERTY IDENTIFICATION NUMBER 43 -A -48A IN THE STONEWALL MAGISTERIAL DISTRICT. — (RESOLUTION #008 -16) - APPROVED Assistant Director Candice Perkins appeared before the Board regarding this item. She advised this was a proposal to rezone 4,98 acres from B2 (General Business) and B3 (Industrial Transition) to B2 (General Business) District with proffers. The property is located on the south side of Martinsburg Pike and is within the Sewer and Water Service Area and the limits of the Northeast Land Use -Plan. The property is identified for commercial land uses and this proposal is consistent with the Comprehensive Plan. The applicant has proffered to construct upgrades to Amoco Lane, provide inter- parcel connection into the adjacent Sheetz property, and to construct a sewer pump station with a SCADA system. In addition, the applicant has proffered a monetary contribution of $0.05 per building square foot for Fire &Rescue. She concluded by saying the Planning Commission recommended approval of this rezoning. Supervisor Dunn asked Assistant Director Perkins if she was satisfied with the response received to the County's May letter. Assistant Director Perkins responded that the issue was specific to landscaping and it was still a concern. With regard to the concerns raised about sewer, those have been satisfied per the Frederick County Sanitation Authority. Evan Wyatt, Greenway Engineering, appeared before the Board on behalf of the applicant. He advised the proffered amount for building square footage was $0.10 per square foot instead of $O.OS. He noted this was a change from the original proffer. He concluded by Minute Book Number 42 Board of Supervisors Closed Session and Regular Meeting of 07/27lt6 County of Frederick, Virginia 02� saying that economic development projects have been viewed as a fiscal positive by the Board. Supervisor Lofton asked if the screening issue had been resolved. Mr. Wyatt responded yes. He stated the applicant offered to hold a neighborhood meeting and it was attended by a number of residents along Amoco Lane. He went on to say the applicant was willing to do a planting along their properties in an easement provided by the residents. Chairman DeHaven convened the public hearing. There were no public comments. Chairman DeHaven closed the public hearing. Upon a motion by Supervisor Slaughter, seconded by Supervisor Wells, the $oard approved Rezoning #OS -16. WHEREAS, Rezoning #OS -16 of CB Ventures, LLC, submitted by Greenway Engineering, Inc., to rezone 3.75E acres from the B3 (Industrial Transition) Zoning District to the B2 (General Business} Zoning District, and 1.23E acres from the B2 (General Business) Zoning District to the B2 (General Business) Zoning District with Proffers, final revision date of July 1, 2016 was considered. The Property is located on the south side of Martinsburg Pike (US Route 11) and the northeast side of Amoco Lane (Route 839) at the southwest quadrant of Interstate 81, Exit 317. The Property is further identified with PIN 43 -A -48A in the Stonewall Magisterial District; and WHEREAS, the Planning Commission held a public hearing on this rezoning on June 15, 2016 and recommended approval; and WHEREAS, the Board of Supervisors held a public hearing on this rezoning on July 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 in conformance with the Comprehensive Policy Plan; NOW, THEREFORE, BE IT ORDAINED by the Frederick County Board of Supervisors, that Chapter 165 of the Frederick County Code, Zoning, is amended to revise the Zoning District Map to rezone 3.75E acres from the B3 (Industrial Transition) Zoning District to the B2 (Genera] Business) Zoning District, and 1.23E acres from the B2 (General Business) Zoning District to the B2 (General Business) Zoning District with Proffers, final revision date of July 1, 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 July, 2016 by the following recorded vote: Charles S. DeHaven, Jr. Aye Blaine P, Dunn Aye Gene E. Fisher Aye Robert A. Hess Absent Gary A. Lofton Aye Judith McCann - Slaughter Aye Robert W, Wells Aye PUBLIC HEARING - DRAFT UPDATE TO THE 2016 -2017 FREDERICK COUNTY PRIMARY AND INTERSTATE ROAD IMPROVEMENT PLANS — THE PRIMARY AND INTERSTATE ROAD IMPROVEMENT PLANS Minute Book Number 42 Board of Supervisors Closed Session and Regular Meeting of 07/27/16 County or Frederick, Virginia ©2 ESTABLISH PRIORITIES FOR IMPROVEMENTS TO THE PRIMARY AND INTERSTATE ROAD NETWORKS WITHIN FREDERICK COUNTY. COMMENTS FROM THE TRANSPORTATION COMMITTEE WILL BE FORWARDED TO THE PLANNING COMMISSION AND BOARD OF SUPERVISORS ULTIMATELY, THE PRIORITIES ADOPTED BY THE BOARD OF SUPERVISORS WILL BE FORWARDED TO THE COMMONWEALTH TRANSPORTATION BOARD FOR CONSIDERATION. THE VIRGINIA DEPARTMENT OF TRANSPORTATION AND THE BOARD OF SUPERVISORS FOR THE COUNTY OF FREDERICK VIRGINIA IN ACCORDANCE WITH SECTION 33.2 -331 OF THE CODE OF VIRGINIA, WILL CONDUCT A JOINT PUBLIC HEARING. THE PURPOSE OF THIS PUBLIC HEARING IS TO RECEIVE PUBLIC COMMENT ON THE PROPOSED SIX YEAR PLAN FOR SECONDARY ROADS FOR FISCAL YEARS 2017 THROUGH 2022 IN FREDERICK COUNTY AND ON THE SECONDARY SYSTEM CONSTRUCTION BUDGET FOR FISCAL YEAR 2017. COPIES OF THE PROPOSED PLAN AND BUDGET MAY BE REVIEWED AT THE EDINBURG OFFICE OF THE VIRGINIA DEPARTMENT OF TRANSPORTATION, LOCATED AT 14031 OLD VALLEY PIKES EDINBURG, VIRGINIA OR AT THE FREDERICK COUNTY OFFICES LOCATED AT 107 NORTH KENT STREET, WINCHESTER, VIRGINIA. ALL PROJECTS IN THE SECONDARY ROAD IMPROVEMENT PLAN THAT ARE ELIGIBLE FOR FEDERAL FUNDS WILL BE INCLUDED IN THE STATEWIDE TRANSPORTATION IMPROVEMENT FLAN STIP WHICH DOCUMENTS HOW VIRGINIA WILL OBLIGATE FEDERAL TRANSPORTATION FUNDS. PERSONS REQUIRING SPECIAL ASSISTANCE TO ATTEND AND PARTICIPATE IN THIS HEARING SHOULD CONTACT THE VIRGINIA DEPARTMENT OF TRANSPORTATION AT 1- 800 - 367 -7623. — (RESOLUTION #'S 009 -16, 010 -16 AND 011 -16} - APPROVED Assistant Planning Director — Transportation John Bishop appeared. before the Board regarding this item. He began by reviewing the Interstate Road Improvement Plan. He noted that Exit 310 remains on this list. He advised that work on phase one of the three phase project had begun. With regard to the Primary Road Improvement Plan, Assistant Director Bishop noted the projects had been updated per 1VIP0 modeling with Routes 50 and 7 on the east and west portions of the county being mprovedto six lanes. On the Secondary Road Improvement Plan Sulphur Springs Road remains a number one priority. Assistant Director Bishop reviewed the hard surface projects. He advised that the projects had been re- ranked because a project, Hollow Road, had been promoted to the top of the list. He went on to say a note had been added to point out that scheduling is based on VDOT's revenue projections. He stated there were 21 projects on the unscheduled list. He concluded by saying the Planning Commission and Transportation Committee recommended approval of the plans. Chairman DeHaven convened the public hearing. Minute Book Number 42 Board of Supervisors Closed Session and Regular Meeting of 07/27/16 County of Frederick, Virginia 02 There were no public comments. Chairman DeHaven closed the public hearing. Upon a motion by Supervisor Lofton, seconded by Supervisor Fisher, the Board approved the 2016 -2017 Frederick County Interstate Road, Primary Road, and Secondary Road Improvement Plans. RESOLUTION { #009 -16) 2016 -2017 INTERSTATE ROAD IMPROVEMENT PLAN WHEREAS, the Frederick County Transportation Committee recommended approval of this plan on June 20, 2016; and, WHEREAS, the Frederick County Planning Commission held a public hearing and recommended approval of this plan at their meeting on July 6, 2016; and, WHEREAS, the Frederick County Board of Supervisors had previously agreed to assist in the preparation of this plan in accordance with the Virginia Department of Transportation's policies and procedures and participated in a public hearing on the proposed Plan, after being duly advertised so that all citizens of the County had the opportunity to participate in said hearing and to make comments and recommendations concerning the proposed Plan and Priority List; and, WHEREAS, a representative of the Virginia Department of Transportation appeared before the Board during the public hearing and recommended approval of the 2016 — 2017 Interstate Road Improvement Plan and the Construction Priority List; and, WHEREAS, the Frederick County Board of Supervisors support the priorities of the interstate road improvement projects for programming by the Commonwealth Transportation Board and the Virginia Department of Transportation; NOW, THEREFORE, BE IT ORDAINED by the Frederick County Board of Supervisors as follows: The 2016 -2017 Interstate Road Improvement Plan appears to be in the best interest of the citizens of Frederick County and the Interstate Road System in Frederick County; and therefore, the Frederick County Board of Supervisors hereby approves the 2016 -2017 Interstate Road Improvement Plan and Construction Priority List for Frederick County, Virginia as presented at the public hearing held on July 27, 2016. This resolution was approved by the following recorded vote: Charles S. DeHaven, Jr. Aye Blaine P. Dunn Aye Gene E. Fisher Aye Robert A. Hess Absent Gary A. Lofton Aye Judith McCann- Slaughter .Aye Robert W. Wells Aye RESOLUTION ( #010 -16) 2016 -2017 PRIMARY ROAD IMPROVEMENT PLAN WHEREAS, the Frederick County Transportation Committee recommended approval of this plan on June 20, 2016; and, WHEREAS, the Frederick County Planning Commission held a public hearing and Minute Book Number 42 Board of Supervisors Closed Session and Regular Meeting of 07 /27/16 County of Frederick, Virginia recommended approval ofthis plan at their meeting on July 6, 2016; and, WHEREAS, the Frederick County Board of Supervisors had previously agreed to assist in the preparation of this plan in accordance with the Virginia Department of Transportation's policies and procedures and participated in a public hearing on the proposed Plan, after being duly advertised so that all citizens of the County had the opportunity to participate in said hearing and to make comments and recommendations concerning the proposed Plan and Priority List; and, WHEREAS, a representative of the Virginia Department of Transportation appeared before the Board during the public hearing and recommended approval of the 2016 — 2017 Primary Road. Improvement Plan and the Construction Priority List; and, WHEREAS, the Frederick County Board of Supervisors support the priorities of the primary road improvement projects for programming by the Commonwealth Transportation Board and the Virginia Department of Transportation; NOW, THEREFORE, BE IT ORDAINED by the Frederick County Board of Supervisors as follows: The 2016 -2017 Primary Road Improvement Plan appears to be in the best interest of the citizens of Frederick County and the Primary Road System in Frederick County; and therefore, the Frederick County Board of Supervisors hereby approves the 2016 -2017 Primary Road Improvement Plan and Construction Priority List for Frederick County, Virginia as presented at the public hearing held on July 27, 2016. This resolution was approved by the following recorded vote: Charles S. DeHaven, Jr. Aye Blaine P. Dunn Aye Gene E. Fisher Aye Robert A. Hess Absent Gary A. Lofton Aye Judith McCann - Slaughter Aye Robert W. Wells Aye RESOLUTION ( #011 -16) 2016 -2017 SECONDARY ROAD IMPROVEMENT PLAN WHEREAS, Section 33.2 -364 of the 1950 Code of Virginia, as amended, provides the opportunity for each county to work with the Virginia Department of Transportation in developing aSix -Year Road Plan; and, WHEREAS, the Frederick County Transportation Committee recommended approval of this plan on June 20, 2016; and, WHEREAS, the Frederick County Planning Commission held a public hearing and recommended approval ofthis plan at their meeting on July 6, 2016; and, WHEREAS, the Frederick County Board of Supervisors had previously agreed to assist in the preparation of this plan in accordance with the Virginia Department of Transportation's. policies and procedures and participated in a public hearing on the proposed Plan, after being duly advertised so that all citizens of the County had the opportunity to participate in said hearing and to make comments and recommendations concerning the proposed Plan and Priority List; and, WHEREAS, a representative of the Virginia Department of Transportation appeared before the Board during the public hearing and recommended approval of the 2016 — 2017 Secondary Road lmprovement Plan and the Construction Priority List; and, WHEREAS, the Frederick County Board of Supervisors support the priorities of the secondary road improvement projects for programming by the Commonwealth Transportation Board and Minute Book Number 42 Board of Supervisors Closed Session and Regular Meeting of 07/27/16 Couhty of E`rederiek, Virginia oz� the Virginia Department of Transportation; NOW, THEREFORE, BE IT ORDAINED by the Frederick County Board of Supervisors as follows: The 2016 -2017 Secondary Road Improvement Plan appears to be in the best interest of the citizens of Frederick County and the Secondary Road System in Frederick County; and therefore, the Frederick County Board of Supervisors hereby approves the 2016 -2017 Secondary Road Improvement Plan and Construction Priority List for Frederick County, Virginia as presented at the public hearing held on July 27, 2016. This resolution was approved by the following recorded vote: Charles S. DeHaven, Jr. Aye Blaine P. Dunn Aye Gene E. Fisher Aye Robert A. Hess Absent Gary A. Lofton Aye Judith McCann - Slaughter Aye Robert W, Wells Aye Supervisor Wells stated he would like to see the Board send a letter to the General Assembly seeking an expansion of state funding for these roads. Supervisor Dunn agreed. He also noted chat the State needs to take care of cutting its own grass as well. OTHER PLANNING ITEMS RESOLUTION #012 -16 RE: REVENUE SHARING PROGRAMMATIC AGREEMENT — APPROVED UNDER CONSENT AGENDA RESOLUTION TO EXTEND PROGRAMMATIC PROJECT ADMINISTRATION AGREEMENT AND PROVIDE SIGNATURE AUTHORITY FOR REVENUE SHARING PROJECTS WHEREAS, the LOCALITY and the DEFARTMENT, entered into a Programmatic Project Administration Agreement for Revenue Sharing Projects on April 18, 2014; and WHEREAS, said agreement had an initial term of three frscal years (each year begimling July lsc —June 30u,), and expired on June 30, 2016 and may be extended for one additional term of three fiscal years; and WHEREAS, the parties to the agreement hereby declare their intent to extend said agreement as provided in Paragraph 1 of said agreement and further declare that such terms and provisions provided therein shall remain unchanged. NOW THEREFORE BE IT RESOLVED, in consideration of the mutual premises contained therein, the parties agree to extend said agreement for one additional term of three fiscal years with a new expiration date of June 30, 2019. BE IT FURTHER RESOLVED, that the Board of Supervisors of Frederick County hereby commit to fund their local share of preliminary engineering, right -of- -way and construction (as applicable) pf the projects) under agreement with the Virginia Department of Transportation in accordance with the project financial document(s). BE IT FURTHER RESOLVED, that the County Administrator /or other named position designee is authorized to execute all agreements and/or addendums for any approved projects with the Virginia Department of Transportation. Minute Book Number 42 Board of Supervisors Closed Session and Regular Meeting of ©7/27/16 County of Frederick, Virginia ��� Adopted this 27r� day of July, 2016 by the Board of Supervisors for Frederick County, Virginia. REQUEST TO SCHEDULE WORK SESSION_WITH PLANNING COMMISSION — APPROVED The Board scheduled the work session with the Planning Commission for Wednesday, August 17, 2016 beginning at noon. BOARD LIAISON REPORTS There were no Board liaison reports. CITIZEN COMMENTS Patsy Gochenour, Red Bud District, addressed the Board regarding the need for an adequate water supply. She stated Frederick County government needed to ensure an adequate supply of water. She noted that without water, everything discussed tonight would be to no avail. She advised that she attended the Comprehensive Plan meeting held in the Red Bud District at which several questions were raised about water. She concluded by asking if the community could trust the local governing body to ensure there would be "life giving water ". BOARD OF SUPERVISORS COMMENTS Supervisor Lofton advised that he attended the Extension Leadership Council meeting and it was reported that the AREC Center would hold an open house on Saturday, August 13, 2016 from 1;00 -5:00 p.m. He stated that he was pleased that the revenue sharing agreement was approved tonight because this step had been a long time corning. He thanked staff and VDOT for their work on this project. Supervisor Fisher stated he would like to have the Board and Planning Commission have a discussion about accessory uses in the M -1 District. Supervisor Wells stated if there was any way possible he would like to get the light at the entrance to Lake Frederick operational because the community was booming and it would be a great move. Supervisor Slaughter reported that the Sanitation Authority was having trouble with the Anderson Treatment Plant, but they hoped to have things back to normal tomorrow. Supervisor Fisher responded to Supervisor Wells' comments regarding the light. He stated that he had spoken with VDOT in that past and that the developer made a mistake way back. The lights were proffered and installed, but it has been flashing for years. ADJOURN Minute Book Number 42 Board of Supervisors Closed Session and Regular Meeting of 07!27/16 County of Frederick, Virginia o� UPON A MOTION BY SUPERVISOR WELLS, SECONDED BY SUPERVTSOR SLAUGHTER, THERE BEING NO FURTHER BUSINESS TO COME BEFORE, THIS BOARD, THIS MEETING IS HEREBY ADJOURNED. (8:53 P.M.) Charles S. DeHaven, Jr. Chairman, Board of Supervisors L�� �J��� `Brenda G. Garton Clerk, Board of Supervisors Minutes Prepared By: �,(,� �' `� Jay E, ib s Deputy Clerk, Board of Supervisors Minute Book Number 42 Board of Supervisors Closed Session and Regular Meeting of 07/27/16 County of Frederick, Virginia