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August 10 2016 Closed Session and Regular Meeting Minutes03� A Closed Session and Regular Meeting of the Frederick County Board of Supervisors were held on Wednesday, August 10, 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. Wells. CALL TO ORDER Chairman DeHaven called the meeting to order. CLOSED SESSION Upon a motion by Vice - Chairman Fisher, seconded by Supervisor Hess, the Board convened in closed session pursuant to Section 2.2 -371 I 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 probable litigation where such consultation or briefing in an open meeting would adversely affect the negotiating or litigating posture of the Board; and for consultation with legal counsel employed by the Board 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 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 Minute Book 3Vumber 42 Board of Supervisors Closed Session and Regular Meeting of 0$ /10 /lb County of Frederick, Virginia 03� Upon a motion by Vice - Chairman Fisher, seconded by Supervisor Slaughter, the Board certified that to the best of each board member's knowledge only acquisition of real property for a public purposed pursuant to Section 2.2 -3711 A (3) of the Code of Vir ig nia, 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 probable litigation matter pursuant to Section 2.2 -3711 A (7) of the Code of Virginia, 1950, as amended, specifically consultation with legal counsel and briefing by staff members pertaining to probable litigation where such consultation or briefing in an open meeting would adversely affect the negotiating or litigating posture of the Board; and consultation with legal counsel employed by the Board 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 Aye 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 Supervisor Hess delivered the invocation. PLEDGE OF ALLEGIANCE Vice - Chairman Fisher led the Pledge of Allegiance. ADOPTION OE AGENDA — APPROVED Upon a motion by Supervisor Wells, seconded by Supervisor Lofton, the $oard 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 Minute Book Number 42 Board of Supervisors Closed Session and Regnlar Meeting of OS /lQ /16 County of Frederick, Virginia 033 Gary A. Lofton Aye Judith McCann- Slaughter Aye Robert W. Wells Aye CONSENT AGENDA - APPROVED Upon a motion by Supervisor Fisher, seconded by Supervisor Hess, the Board approved the following item under the consent agenda: - Public Works Comuxzittee Report. The above motion was approved by the following recorded vote: Charles S. DeHaven, Jr. Aye Blaine P. Dunn Aye Gene E: Fisher Aye Robert A. Hess Aye Gary A. Lofton Aye Judith McCann- Slaughter Aye Robert W. Wells Aye CITIZEN COMMENTS There were no citizen comments. BOARD OF SUPERVISORS COMMENTS There were no Board of Supervisors' comments. COUNTY OFFICIALS COMMITTEE APPOINTMENTS APPOINTMENT OF LAURA LOVING TO FILL THE UNEXPIRED TERM OF WILLIAM H. CLINE AS STONEWALL DISTRICT REPRESENTATIVE TO THE EXTENSION LEADERSHIP COUNCIL - APPROVED Upon a motion by Supervisor Slaughter, seconded by Supervisor Lofton, the Board appointed Laura Loving to fill the unexpired term of William H. Cline as Stonewall District representative to the Extension Leadership Council. Term expires June 23, 2018. 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 APPOINTMENT OF MAXIMILLION PRESS AS RED BUD DISTRICT REPRESENTATIVE TO THE SOCIAL SERVICES BOARD - APPROVED Upon a motion by Supervisor Dunn, seconded by Supervisor Lofton, the Board appointed Maximillion Press as Red Bud District representative to the Social Services Board. Term expires June 30, 2020. Minute Book Number 42 Board of Supervisors Closed Session and Regular Meeting of 08 /10 /16 County of Frederick, Virginia 0�4 The above motion was approved by the following recorded vote: Charles S. DeHaven, Jr. Aye Blaine P. Dunn Aye Gene E, Fisher Aye Robert A. Hess Aye Gary A. Lofton Aye Judith McCann - Slaughter Aye Robert W. Wells Aye COMMITTEE REPORTS PUBLIC WORKS __COMMITTEE REPORT — APPROVED UNDER CONSENT AGENDA The Public Works Committee met on Tuesday, July 26, 2016 at 8:00 a.m. All members were present except Bob Hess and Jim Wilson. The following items were discussed; ** *Items Not Requiring Action * ** 1. Carry Forward Request: The committee reviewed and unanimously endorsed the following carry forward requests: a. Landfill - $25,000 b. Inspections - $12,560.00 These requests will be forwarded to the Finance Committee for their review and action. 2. Project Update: a. Snowden Bridge Boulevard Extension: This revenue sharing project is approximately two (2) months ahead of schedule. The beams for the railroad crossing were placed last week. Asphalt will be placed on the road located west of the bridge this week. Subbase stone has been placed on the road on the east of the bridge. b. CDD Closure: The contractor for the CDD Closure has completed the fine grading in preparation for the placement of the 40 mil textured liner. They are also completing the installation of the storm drainage system and gas vents. This project is also ahead of schedule. c. Roundhill Fire Station: The fre company has occupied the new Roundhill Fire Station and Event Centex. Several minor deficiencies have been experienced including problems with operation of the overhead doors, balancing the hot/cold water in the showers, controls associated with one of the HVAC zones and other minor electrical issues. These deficiencies have been conveyed to the contractor for immediate resolution. 3. Miscellaneous Reports: a) Tonnage Report b) Recycling Report c) Animal Shelter Dog Report d} Animal Shelter Cat Report PUBLIC HEARING PUBLIC HEARING - OUTDOOR FESTIVAL PERMIT RE VEST OF CONCERN HOTLINE — FRIDAY FISH FRY CELEBRATION PURSUANT TO THE FREDERICK COUNTY CODE, CHAPTER 86 FESTIVALS• SECTION 86- 3 PERMIT RE UIRED• APPLICATION• ISSUANCE OR DENIAL• FEE FOR AN OUTDOOR FESTIVAL PERMIT. FESTIVAL TO BE HELD ON FRIDAY SEPTEMBER 2 2016 FROM 4:00 P.M. TO 9:00 P.M.• ON THE GROUNDS OF GROVE'S WINCHESTER HARLEY- DAVIDSON 140 INDEPENDENCE DRIVE Minute Book Number 42 Board of Supervisors Closed Session and Regnlar Meeting of 08/10/16 County of Frederick, Virginia O��j WINCHESTER, VIRGINIA PROPERTY OWNED BY JOBALIE, LLC. - APPROVED Mr. Rusty Holland, Executive Director of Concern Hotline, appeared before the Board regarding this application. He advised this was the 17th year for Friday Fish Fry Celebration and he was seeking Board approval of this request. Chairman DeHaven convened the public hearing. There were no public comments. Chairman DeHaven closed the public hearing. Upon a motion by Supervisor Fisher, seconded by Supervisor Hess, the Board approved the outdoor festival permit request of Concern Hotline — Friday Fish Fry Celebration. 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 PUBLIC HEARING - OUTDOOR FESTIVAL PERMIT REQUEST OF KAREN _ HELM AND RON HOTTLE FOR CELEBRATING PATSY CLINE, INC. — SATURDAY NIGHT SHINDIG (PART OF THE PATSY CLINE MUSIC FESTIVAL). PURSUANT TO THE FREDERICK COUNTY CODE, CHAPTER 86. FESTIVALS; SECTION 86 -3, PERMIT REQUIRED; APPLICATION; ISSUANCE OR DENTAL: FEE, FOR AN OUTDOOR FESTIVAL PERMIT. FESTIVAL TO BE HELD ON SATURDAY SEPTEMBER 3 2016 FROM 5:00 P.M. TO 9:00 P.M.: ON THE GROUNDS OF GROVE'S WINCHESTER RAREFY- DAVIDSON, 140 INDEPENDENCE DRIVE, WINCHESTER, VIRGINIA. PROPERTY OWNED BY JOBALIE, LLC. - APPROVED Mr. Ron Hottle, Celebrating Patsy Cline, Inc., appeared before the Board regarding this application. He advised the organization was seeking approval for the second part of the Patsy Cline Music Festival. He noted this was the first time this event would be held outside of the City of Winchester. He concluded by saying his organization was sharing the facility and equipment with Concern Hotline. Chairman DeHaven convened the public hearing. There were no public comments. Chairman DeHaven closed the public hearing. Upon a motion by Supervisor Fisher, seconded by Supervisor Hess, the Board approved the outdoor festival permit request of Celebrating Patsy Cline, Inc. — Saturday Night Shindig. The above motion was approved by the following recorded vote: Minute Book Number 42 Board of Supervisors Closed Session and Regular Meeting of 08 /10 /16 County of Frederick, Virginia 03� Charles S. DeHaven, Jr. Aye Blaine P. Dunn Aye Gene E. Fisher Aye Robert A. Hess Aye Gary A. Lofton Aye Judith McCann- Slaughter Aye Robert W. Wells Aye PUBLIC HEARING - OUTDOOR FESTIVAL PERMIT RE UEST OF ROTARY CLUB OF WINCHESTER — SHENANDOAH VALLEY APPLE HARVEST FESTIVAL. PURSUANT TO THE FREDERICK COUNTY CODE CHAPTER 86 FESTIVALS• SECTION 86 -3 PERMIT RE UIRED• APPLICATION• ISSUANCE OR DENTAL• -FEE FOR AN OUTDOOR FESTIVAL PERMIT. FESTIVAL TO BE HELD ON SATURDAY" AND SUNDAY SEPTEMBER 17 AND 18 2016 FROM 10:00 A.M. TO 5:00 P.M. EACH DAY• ON THE GROUNDS OF THE FREDERICK COUNTY FAIRGROUNDS 250 FAIRGROUND ROAD (ROUTE 11 NORTH), CLEARBROOK. VIRGINIA. PROPERTY OWNED BY FREDERICK COUNTY FAIR. - APPROVED Mr. Scott Arthur, representing the Rotary Club of Winchester, appeared before the Board regarding this application. He advised this was the second year for this event at the Frederick County Fairgrounds and this year marked their 50�' anniversary. He concluded by saying he was seeking Board approval of this request. 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 Board approved the outdoor festival permit request of Rotary Club of Winchester — Shenandoah Valley Apple Harvest Festival. The above motion was approved by the following recorded vote: Charles S. DeI- Iaven, Jr. Aye Blaine P. Dunn Aye Gene E. Fisher Aye Robert A. Hess Aye Gary A. Lofton Aye Judith McCann- Slaughter Aye Robert W. Wells Aye PUBLIC HEARING - OUTDOOR FESTIVAL PERMIT RE UEST OF ARTYOM WUNDER — VALLEY FUSION FESTIVAL. PURSUANT TO THE FREDERICK COUNTY CODE CHAPTER 86 FESTIVALS• SECTION 86 -3 PERMIT RE UIRED• APPLICATION• ISSUANCE OR DENIAL• FEE FOR AN OUTDOOR FESTIVAL PERMIT. FESTIVAL TO BE HELD ON SATURDAY SEPTEMBER 17 2016 FROM 12:00 P.M. TO 10:00 P.M.• ON THE GROUNDS OF' 740 750 AND 760 MERRIMANS LANE WINCHESTER VIRGINIA. PROPERTY OWNED BY 740 LLC 750 LLC AND WILLOW GROVE VLLC. - APPRO VED Mr. Zach Bard and Mr. Artyom Wunder, representing the Valley Fusion Festival, appeared before the Board regarding this application. They advised the event would be held at Minute Book Number 42 Board of Supervisors Closed Session and Regular Meeting of 08/10/16 County of Frederick, Virginia o�� Willow Grove Farm. Chairman DeHaven convened the public hearing, There were no public comments. Chairman DeHaven closed the public hearing. Upon a motion by Supervisor Hess, seconded by Supervisor Dunn, the Board approved the outdoor festival permit request for the Valley Fusion Festival. The above motiori was approved by the following recorded vote: Charles S. DeHaven, Jr. Aye Blaine P. Dunn Aye Gene E. Fisher Aye Robert A. Hess Aye Gary A. Lofton Aye Judith McCann - Slaughter Aye Robert W. Wells Aye PUBLIC HEARING - AMENDMENT TO THE 2016 -2017 FISCAL YEAR BUDGET — PURSUANT TO SECTION 15.2 -2507 OF THE CODE OF VIRGIN 1950 AS AMENDED, THE BOARD OF SUPERVISORS WILL HOLD A PUBLIC HEARING TO AMEND THE FISCAL YEAR 2016 -2017 BUDGET TO REFLECT: DEVELOPMENT PROJECTS FUND (FUND 271 SUPPLEMENTAL APPROPRIATION IN THE AMOUNT OF $12,751,872. THIS AMOUNT REPRESENTS AN EXECUTED REVENUE SHARING AGREEMENT FOR THE I -81 BRIDGE /TEVIS/ROUNDABOUT /AIRPORT ROAD PROJECT. THE PROJECT COST WILL BE SHARED BY VDOT AND R 150 SPE LLC. NO LOCAL FUNDS REQUIRED. — (RESOLUTION #013 -16) - APPROVED Chairman DeHaven convened the public hearing. There were no public comments. Chairman DeHaven closed the public hearing. Upon a motion by Supervisor Lofton, seconded by Supervisor Hess, the Board approved the budget amendment and supplement appropriation. WHEREAS, Pursuant to Section 15.2 -2507 of the Code of Vir inia, 1950, as Amended, the Frederick County Board of Supervisors, meeting in regular session and public hearing held on August 10, 2016, took the following action: NOW, THEREFORE, BE IT RESOLVED, by the Board of Supervisors that the FY 2016 -2017 Budget be Amended to Reflect: Development Projects Fund (Fund 27) Supplemental Appropriation in the Amount of $12,751,872. This Amount Represents an Executed Revenue Sharing Agreement for the I -81 Bridge /Tevis/Roundabout/Airport Road Project. The Project Cost will be Shared by VDOT and R 150 SPE LLC. No Local Funds Required. The above motion was approved by the following recorded vote: Charles S. DeHaven, Jr. Aye Blaine P. Duran Aye Gene E. Fisher Aye Robert A. Hess Aye Gary A. Lofton Aye Minute Book Number 42 Board otSupervisors Closed Session and Regular Meeting ot08 /10 /16 County of Frederick, Virginia 1 ; Judith McCann - Slaughter Aye Robert W. Wells Aye BOARD LIAISON REPORTS There were no board liaison reports. CITIZEN COMMENTS Ruth Perrine, Back Creek District, advised that at the May 11, 2016 Board of Supervisors meeting she spoke about the system of representation on the Shawneeland Sanitary District Advisory Committee. She hoped to address one aspect of the process this evening. She stated that on July 11, 2016 another committee member's term expired and no other community members were given an opportunity to serve. She noted there was no mention of the vacancy at the last advisory committee meeting. She stated an individual had applied for membership, but was not appointed. She was concerned because residents do not have a chance to serve unless the currant members do not wish to be reappointed or they die. She concluded by asking that the Board consider appointing Ariel Banagan to the Shawneeland Sanitary District Advisory Committee. BOARD OF SUPERVISORS COMMENTS Supervisor Dunn gave a brief update on the work of the Clowser House committee. He stated they were trying to determine whether or not the structure was located in the dam inundation zone. He noted if the structure was outside dam .inundation zone then the Clowser family might be interested in acquiring the property, He advised no specific uses had been identified at this time. Supervisor Dunn also reported on his walk through of the new Rose HiII Park. Supervisor Loon spoke in reference to Ms. Perrine's comments and stated several people had expressed an interest in the vacant advisory committee seat. He stated that the last time there was a vacancy he conducted interviews with the interested residents before recommending an appointment. He concluded by saying he hoped that would alleviate some of Ms. Perrine's concerns. Vice - Chairman Fisher questioned the budget amendment for the revenue sharing project because there remained one easement on the property that had not yet been executed. He stated he was curious about what was going on and that as long as the easement remained unsigned the applicant should not be allowed to do anything on this property. Supervisor Hess reported on his attendance at Frederick County Public Schools' Minute Book Number 42 Board of Supervisors Closed Session and Regular Meeting of OS /14/16 County of Frederick, Virginia 03 convocation for school staff. He also noted that Roy and Carolyn Thrasher's granddaughter was the first gold medal winner in the 2016 Olympics. Chairman DeHaven reminded the board members about the annual dinner with the Farm Bureau, which would be held on Thursday, August 11, 2016 beginning at 6:30 p.m. ADJOURN UPON A MOTION BY SUPERVISOR WELLS, SECONDED BY SUPERVISOR SLAUGHTER, THERE BEING NO FURTHER BUSINESS TO COME BEFORE THIS BOARD, THIS MEETING IS HEREBY ADJOURNED. (7:30 P.M.) Charles S. DeHaven, Jr. Chairman, Board of Supervisors /���, Brenda G. Garton Clerk, Board of Supervisors Minutes Prepared By: �(� � �. ``�� Ja�Tib s Deputy Clerk, Board of Supervisors Minute Book Number 42 Board of Supervisors Closed Sessiou and Regular Meeting of 0$(10 /16 County of Frederick, Virginia