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December 14 2016 Closed Session and Regular Meeting Minutes15� A Regular Meeting of the Frederick County Board of Supervisors was held on Wednesday, December 14, 2016, 7 ;OOP.M,, in the Board of Supervisors' Meeting Room, 107 North Kent Street, Winchester, Virginia. PRESENT' Chairman Charles S. DeHaven, Jr., Blaine P. Dunn, Gene E. Fisher, Gary A. Lofton, Judith McCann - Slaughter, and Robert W. Wells. A BC L'1�T'T Gainesboro District — vacant. CALL TO ORAER Chairman DeHaven called the meeting to order. CLOSED SESS)(ON Upon motion by Vice Chairman Fisher, seconded by Supervisor Lofton, the Board convened into closed session pursuant to Section 2.2 -3711 A (1) of the Code of Vir inia, 1950, as amended, for discussion and consideration of prospective candidates for appointment as Gainesboro District representative to the Board of Supervisors. The above motion was approved by the following recorded vote: Charles S. DeHaven, Jr. Aye Blaine F. Dunn Aye Gene E. Fisher Aye Gary A. Lofton Aye Judith McCann - Slaughter Aye Robert W. Wells Aye Gainesboro District Vacant Upon motion by Vice Chairman Fisher, seconded by Supervisor Wells, 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 Gary A. Lofton Aye Judith McCann - Slaughter Aye Robert W. Wells Aye Gainesboro District Vacant Upon motion by Vice Chairman Fisher, seconded by Supervisor Dunn, the Board certified that to the best of each board member's knowledge, only discussion or consideration of prospective candidates for appointment as Gainesboro District. representative to the Board of Supervisors, pursuant to Section 2.2 -3711 A (1) of the Code of Virginia, 1950, as amended, Minute Book Number 42 Board of Supervisors Closed Session and Regular Meeting of I2 /]4 /16 County of Frederick, Virginia 1 15� was discussed. The above motion was approved by the following recorded vote: Charles S. DeHaven, Jr. Aye Blaine P. Duren. Gene E. Fisher Gary A. Lofton Judith McCann- Slaughter Robert W. Wells Gainesboro District Aye Aye Aye Aye Aye Vacant RECESS The Board recessed unti17:00 P.M. REGULAR MEETxNG -CALL TO ORDER Chairman DeHaven called the regular meeting to order. INVOCATION Vice Chairman Fisher delivered the invocation. PLEDGE OF ALLEGIANCE Vice Chairman Fisher led the Pledge of Allegiance. ADOPTION OF AGENDA - APPROVED County Administrator Brenda Garton advised there were no additions or changes to the agenda. Upon motion by Supervisor Lofton, seconded by Supervisor Dunn, the Board approved the agenda by the following recorded vote: Charles S. DeI�aven, Jr. Aye Blaine P. Dunn Aye Gene E. Fisher Aye Gary A. Lofton Aye Judith McCann - Slaughter Aye Robert W. Wells Aye Gainesboro District Vacant CONSENT AGENDA - APPROVED Upon motion by Supervisor Lofton, seconded by Supervisor Wells, the Board approved the following items tulder the consent agenda: - Round Hill Fire Hall Construction Settlement Agreement —Tab H; - Resolution of Appreciation for Robert A. Hess —Tab I; - Acknowledgement of Receipt of Certified Copies of the Abstracts of Votes from the November 8, 2016 General Election —Tab J; - Parks and Recreation Commission Report —Tab K; - Landfill Oversight Committee Report —Tab L; Minute Book Number 42 Board of Supervisors Closed Session and Regular Meeting of 12/14/16 County of Frederick, Virginia J� - Public Works Committee Report —Tab M; and - Transportation Commit#ee Report —Tab N. The above motion was approved. by the following recorded vote: Charles S. DeHaven, Jr. Aye Blaine P, Dunn Aye Gene E. Fisher Aye Gary A. Lofton Aye Judith McCann - Slaughter Aye Robert W. Wells Aye Gainesboro District Vacant C)(TTZEN COMMENTS Ned Farinholt, Stonewall District, appeared before the Board with reference to the construction of the 4`h High School and stated that alternatives such as expansion of current schools should be pursued. Evan Lindemuth, bus driver for Frederick County Schools, appeared before the Board to address bus driver salaries and the livelihood of drivers and aides. Stated salaries are $4,000 below here and there should be competitive salaries for quality talent. Erica Miller, school bus driver, addressed the Board and stated salaries for bus drivers are much below what the national average is and wants evaluation for quality drivers. George Hughes, Gainesboro District, addressed the Board with reference to the board vacancy for Gainesboro District and stated he felt the names should have been released. Jay Marts, Gainesboro District, appeared before the Board with reference to school construction and asked the Board to deny the School Board request that is on tonight's agenda. Felt the Board needed to look at the feasibility for alternatives, not new construction. Stated the K -12 numbers have reduced. )Dana Newcome (Mr.) addressed the Board with reference to school construction and asked where is the documentation to support this new 4a' high school. He could not get the plan or documentation and felt there is no accountability to the people. Shawn Graber, Back Creek District, appeared before the Board to address school construction. With the real estate tax that was implemented and the recent reassessment, that will be a 22% tax increase in twetve months. His neighbors earn the median income and he asked the Board to consider young people. Jennifer Myers, Stonewall District, addressed the Board to request they bring the school's CIP to public hearing to allow the citizens to vote. She also addressed the growth in her Minute Book Number 42 Board of Supervisors Closed Session and Regular Meeting of 12!14/16 County of Frederick, Virginia 15 neighborhood.. Stated with the continued growth, if this is not addressed, they will find themselves in this same boat in the future. BOARD OF SUPERVISORS COMMENTS There were no Board of Supervisors comments. MINUTES Upon motion made by Supervisor Wells, seconded by Vice Chairman Fisher, the minutes of the Board Retreat, ©ctobei• 20 -22, 2016, were approved by the following recorded vote: Charles S. DeHaven, Jr. Aye Blaine P. Dunn Aye Gene E. Fisher Aye Gary A. Lofton Aye Judith McCann - Slaughter Aye Robert W. Wells Aye Gainesboro Dis #riot Vacant Upon motion made by Supervisox Lofton, seconded by Supervisor Wells, the minutes of the work session with the Finance Committee of November 2, 2016 were approved by the following recorded vote: Charles S. DeHaven, Jr. Aye Blaine P. Dunn Aye Gene E. Fisher Aye Gary A. Lofton Aye Judith McCann - Slaughter Aye Robert W. Wells Aye Gainesboro District Vacant Upon motion made by Supervisor Lofton, seconded by Vice Chairman Fisher, the minutes of the Board Retreat follow up work session of November 2, 2016 were approved by the following recorded vote: Charles S. DeHaven, Jr. Aye Blaine P. Dunn Aye Gene E. Fisher Aye Gary A. Lofton Aye Judith McCann- Slaughter Aye Robert W. Wells Aye Gainesboro District Vacant Upon motion made by Vice Chairman Fisher, seconded by Supervisor Lofton, the minutes of the work session with the School Board of November 9, 2016 were approved by the following recorded vote: Charles S. DeHaven, Jr. Aye Blaine P. Dunn Aye Gene E. Fisher Aye Gary A. Lofton Aye Judith McCann- Slaughter Aye Robert W. Wells Aye Minute Sook Number 42 Board of Supervisors Closed Session and Regalar Meeting of 12(]4!16 County of Frederick, Virginia 15 Gainesboro District Vacant COUNTY OFFICIALS BILL M. EWING APPOINTED TO BOARD OF SUPERVISORS GAINESBORO MAGISTERIAL DISTRICT SEAT — APPROVED Chairman DeHaven stated there were seven applicants that had applied and was pleased. with such a response of qualified individuals. Upon motion made by Supervisor Wells, seconded by Supervisor Lofton, Bill M. Ewing was appointed as the Gainesboro District supervisor by the following recorded vote: Charles S. DeHaven, Jr, Aye Blaine P. Dunn Nay Gene E. Fisher Aye Gary A. Lofton Aye Judith McCann- Slaughter Aye Robert W. Wells Aye RESOLUTION f #041 -16) AUTHORIZING COUNTY ATTORNEY TO FILE A PETITION FOR WRIT OF ELECTION TO FILL VACANCY IN THE OFFICE OF GAINESBORO DISTRICT REPRESENTATIVE TO THE BOARD OF SUEPRVISORS- APPROVED Supervisor Dunn made a motion to hold a special election April 18, 2017 with a f ling deadline of February 6, 2017. The motion died for lack of a second. BOARD OF SUPERVISORS AUTHORIZING THE COUNTY ATTORNEY TO FILE A PETITION FOR WRIT OF ELECTION TO FILL VACANCY IN THE OFFICE OF GAINESBORO DISTRICT REPRESENTATIVE TO THE BOARD OF SUPERVISORS WHEREAS, Robert A. Hess has submitted his resignation as Gainesboro District representative to Board of Supervisors, effective November 30, 2016; and WHEREAS, Virginia Code § 24.2 - 225 {A) requires the Board of Supervisors to file wish the Circuit Court a petition for a writ of election to fill the vacancy in the office of Gainesboro District representative to Board of Supervisors within I S days of the vacancy; and WHEREAS, state law provides for the Circuit Court to schedule such election concurrent with the next general election, scheduled for November 7, 2017, unless the Board requests a different date that complics with the provisious of Virginia Code § 24.2 -682; and WHEREAS, the Board finds it appropriate that the election to fill the vacancy in the office of Gainesboro Dislrict representative to Board of Supervisors take place concurrent with the next general election, scheduled for November 7, 2017. NOW, THEREFORE, BE IT RESOLVED, that the Board authorizes the County Attorney to file with the Circuit Court a petition seeking issuance of a writ of election, to fill the vacancy in the office of Gainesboro District representative to Board of Supervisors, such election to occur on November 7, 2017, concurrent with the general election that same day. ADOPTED this 14th day of December, 2016. Minute Book Number 42 Board of Supervisors Closed Session and Regular Meeting of 12/14!16 County of Frederick, Virginia 15 �-� Upon motion made by Supervisor Lofton, seconded by Supervisor Wells, the above resolution was approved by the following recorded vote: Charles S. DeHaven, Jr. Aye Blaine P. Dunn Nay Gerle E. Fisher Aye Gary A. Lofton Aye Judith McCann- Slaughter Aye Robert W. Wells Aye Gainesboro District Vacant EMPLOYEE OF THE MONTH AWARD PRESENTED TO DAIL D. RITENOUR JR. — (RESOLUTION #042 -16) - APPROVED Employee of the Month Resolution Awarded to: Dail D. 1itenour, Jr. 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, Dail D. Ritenour, Jr. who serves as a Communications Officer Ill with Public Safety Communications was nominated for Employee of the Month; and, WHEREAS, On August 23, 2016, Communications Officer Ritenour received a call in reference to a suicidal male. He obtained all the necessary information from the caller and then placed a .phone call directly to the suicidal individual. During the .call, Communications Officer Ritenour was able to calmly build a rapport with the individual and convince him to pull over into a parking lot to speak with deputies where the individual was then transported to the Winchester Medical Center for evaluation. The extra initiative taken by Communication Officer Ritenour had a positive outcome for this call for service: Communications Officer Ritenour is a valuable asset to Frederick County; and NOW, THEREFORE BE IT RESOLVED, by the Frederick County Board of Supervisors this 14'h day of December, 2016 , that Dail D. Ritenour, Jr, is hereby recognized as the Frederick County Employee of the Month for December 2016; and, BE IT FURTHER RESOLVED that the Board of Supervisors extends gratitude to Dail D. Ritenour, Jr. for his outstanding performance and dedicated service and wishes his continued success in future endeavors; and, BE IT FURTHER RESOLVED, that Dail D. Ritenour, Jr, is hereby entitled to all of the rights and privileges associated with his award. Upon motion made by Supervisor Dunn, seconded by Supervisor Wells, the above resolution was approved by the following recorded vote: Charles S. DeHaven, Jr. Aye Blaine P. Dunn Aye Gene E. Fisher Aye Gary A. Lofton Aye Judith McCann - Slaughter Aye Minute Book Number 42 Board of Supervisors Closed Session and Regular Meeting of 12/14/]6 County of Frederick, Virginia 16� Robert W. Wells Aye Gainesboro District Vacant EMPLOYEE OF THE YEAR (2016) AWARD PRESENTED TO JEFF JEROME — APPROVED Upon motion made by Supervisor Wells, seconded by Supervisor Dunn, the Employee of the Year (2016) award was presented to Jeff Jerome. The above motion was approved by the following recorded vote: Charles S. DeHaven, Jr. Aye Blaine P. Dunn Aye Gene E. Fisher Aye Gary A. Lofton Aye Judith McCann - Slaughter Aye Robert W. Wells Aye Gainesboro District Vacant COMMITTEE APPOINTMENTS GUSS MORRISON APPOINTED TO THE NORTHWESTERN COMMUNITY SERVICES BOARD AS A COUNTY REPRESENTATIVE — APPROVED Upon motion made by Supervisor Dunn, seconded by Supervisor Wells, Guss Morrison was appointed to the Northwestern Community Services Board as a county representative, filling a vacancy, said term to expire December 31, 2018. The above motion was approved by the following recorded vote; Charles S. DeHaven, Jr. Aye Blaine P. Dunn Aye Gene E. Fisher Aye Gary A. Lofton Aye Judith McCann- Slaughter Aye Robert W. Wells Aye Gainesboro District Vacant NICHOLAS POWERS APPOINTED TO THE HISTORIC RESOURCES ADVISORY BOARD AS A MEMBER -AT -LARGE — APPROVED Upon motion made by Supervisor Slaughter, seconded by Supervisor Lofton, Nicholas Powers was appointed to the Historic Resources Advisory Board as a member -at- large, said term to expire December 14, 2020. The above motion was approved by the following recorded vote: Charles S. DeHaven, Jr. Aye Blaine P. Dunn Aye Gene E. Fisher Aye Gary A. Lofton Aye Judith McCann - Slaughter Aye Robert W. We11s Aye Gainesboro District Vacant KIMBERLY S. DODD NOMINATED TO THE BOARD OF EQUALIZATION — APPROVED Minute Book Number 42 Board of Supervisors Closed Session and Regular Meeting of 12/14/16 County of Frederick, Virginia 16� Upon motion made by Supervisor Slaughter, seconded by Vice Chairman Fisher, Kimberly S. Dodd was nominated to serve on the Board of Equalization, said term to expire Decembex 31, 2019. The above motion was approved.by the following recorded vote: Charles S. DeHaven, Jr. Aye Blaine P. Dunn Aye Gene E. Fisher Aye Gary A. Lofton Aye Judith McCann - Slaughter Aye Robert W. Wells Aye Gainesboro District Vacant ERIC COWMAN NOMINATED FOR REAPPOINTMENT TO THE BOARD OF ZONING APPEALS AS RESPRESENTATIVE OF RED BUD DISTRICT — APPRO VED Upon motion made by Supervisor Dunn, seconded by Supervisor Lofton, Eric Lowman was nominated for reappointment to the Board of Zoning Appeals as representative of Red Bud District, said term to expire December 31, 2021. Charles S. DeHaven, Jr. Aye Blaine P. Dunn Aye Gene E. Fisher Aye Gary A. Lofton Aye Judith McCann- Slaughter Aye Robert W. Wells Aye Gainesboro District Vacant GARY LONGERBEAM REAPPOINTED TO THE PARKS AND RECREATION COMMISSION AS REPRESENTATIVE OP BACK CREEK DISTRICT - APPROVED Upon motion made by Supervisor Lofton, seconded by Supervisor Wells, Gary Longerbeam was reappointed to the Parks and Recreation Commission as representative of Back Creek District, said term to expire January 17, 2021. The above motion was approved by the following recorded vote: Charles S. DeHaven, Jr. Aye Blaine P. Dunn Aye Gene E, Fisher Aye Gary A. Lofton Aye Judith McCann- Slaughter Aye Robert W, Wells Aye Gainesboro District Vacant CORRESPONDENCE FROM FREDERICK COUNTY SCHOOL BOARD RE: FY 2017 SCHOOL CONSTRUCTION FUND — BUDGET ADJUSTMENTS FOR CIP PROJECTS — NO ACTION TAKEN Supervisor Fisher stated he felt there were issues with the design of our schools. The overall design is excessive. The design with the atriums, etc. and the exterior need to be Minute Book Num4er 42 Board of Supervisors CNosed Sossion and Regular Meeting of 12/i4/16 County of prederick, Virginia -16� addressed. He stated anything above $$3 million he could not support. He felt this was not ready to go to public hearing and needs serious work. Supervisor Wells stated we need public schools and we need to look at taxes, reassessment and paying off debt service. Stated he was not in favor of mobile class rooms due to security. Felt need to look at cost effectiveness of additions and renovations compared to new construction, that that is only a band aid and wants time before public hearing. Supervisor Dunn stated he visited schools with Dr. Angelo. Stated he wants to look at alternatives, cost to the taxpayer. Felt needed to work together to save money for down payment in the future and that it is a balancirig act. Chairman DeHaven said there appears to be no support to move ttlis forward and therefore no action was taken. REQUEST FROM COMMISSIONER OF THE REVENUE FOR REFUND - APPROVED �- ����� Administrator Garton reviewed the following request from the Commissioner of the Revenue to authorize the Treasurer to refund: 1. Ryder Truck Rental LT in the amount of $3,185.28 for proration of personal property taxes for the first half of 2016. This refund resulted from adjustment to personal property filings in the normal course of business. Upon a motion by Supervisor Slaughter, seconded by Supervisor Lofton, the above refund request and supplemental appropriation was approved by the following recorded vote: The above motion was approved by the following recorded vote: Charles S. DeHaven, Jr. Aye Blaine P. Dunn Aye Gene E. Fisher Aye Gary A. Lofton Aye Judith McCann - Slaughter Aye Robert W. Wells Aye Gainesboro District Vacant ROUND HILL FIRE HALL CONSTRUCTION SETTLEMENT AGREEMENT APPROVED UNDER CONSENT AGENDA In 2014, following a formal bidding process,the County entered into a contract with Caldwell & Santmyer (C &S) for the construction of the new Round Hill Fire Station and adjacent Event Center. Work on the facilities was substantially complete earlier this year, although a number of remaining contract performance issues remained with. C &S, resulting in a protracted dispute between the County and C &S, including as to final payments from the County to C &S. Minute Book Number q2 board of Supervisors Closed Session and Regular Meeting of 12/14/16 County of Frederick, Virginia 16:� County staff and C &S representatives have now resolved the matter and the attached document represents a proposed. form of settlement agreement between the County and C &S. To this point, the County has withheld significant payment amounts from C &S, pending completion by C &S of final contract items. The proposed agreement provides for the County to make the following final payment amounts to C &S; • $35,000.00 within 15 business days of execution of the agreement; • $3 i 5,000.00 within 15 business days of completing punch list items; - $40,000,00 within- 15 business days of satisfying all other conditions, except tree and shrub items; and • $10,000.00 within 1 S business days ofcomp]etion of tree and shrub items. Sufficient appropriated funds are available to pay the proposed payments and, upon completion of the payments, the total cost of the project remains anticipated to come in under the amount ofplanned appropriations for the project. Staff requests Board approval for the County Administrator to execute a settlement agreement in substantially the same as the document presented. RESOLUTION ( #043 -16) OF APPRECIATION FOR ROBERT A. HESS — APPROVED UNDER CONSENT AGENDA RESOLUTION OF APPRECIATION SUPERVISOR ROBERT A. HESS, GAINESBORO DISTRICT FREDERICK COUNTY, VIRGINIA WHEREAS, Robert A. Hess served the citizens of Frederick County, Virginia, for over four (4) years as Crainesboro District representative to the Board of Supervisors; and WHEREAS, during his tenure he held seats on numerous committees, including that of member and chairman of the Human Resources Committee, Code &Ordinance Committee, Technology Committee, and Public Works Committee; Planning Commission Liaison {2013- 2015); Air Quality Task Force (2013_ 2014 }; Northern Shenandoah Valley Regional Commission; and Winchester - Frederick County Tourism Board; and WHEREAS, under Supervisor Hess's leadership as chairman of the Human Resources Committee, the Committee completed a revision to the County's Human Resource Policy Manual, completed and implemented a salary survey, and adopted a position allocation chart to assist in tracking existing and future positions; and WHEREAS, Supervisor Hess was a tireless worker for not only the constituents in his district, but for all of the citizens of Frederick County; and WHEREAS, this Board will always consider Supervisor Hess a colleague and friend. NOW, THEREFORE BE IT RESOLVED, that the Frederick County Board of Supervisors extends its sincerest thanks to Supervisor Robert A. Hess and wishes him all of the best in his future endeavors. BE IT FURTHER RESOLVED, that this resolution be spread across the minutes of the Frederick County Board of Supervisors for all citizens to reflect upon the accomplishments of this citizen legislator. ADOPTED this 14th day of December, 2016. Minute Book Number 42 Board of Supervisors Closed Session and Regular Meeting of 12/14/16 County of Frederick, Virginia 16� ACKNOWLEDGEMENT OF RECEIPT OF CERTIFIED COPIES OF THE ABSTRACTS OF VOTES FROM THE NOVEMBER 8. 2016 GENERAL ELECTION — AI'I'ROVED UNDER CONSENT AGENDA In compliance with Virginia Code Section 2�}.2 -675, the Frederick County Electoral Board provided the certified copies of the Abstracts of Votes from the November 8, 2016 General Election to be recorded in the minutes (attached on the following pages). Minute Book Number 42 Board of Supervisors Closed Session and Regular Meeting of 12/14!16 County of Frederick, Virginia i.65 ABSTRACT of REFEREN ©UM VOTES � � ' °,�\ h � `i � �� C4stin FREP£RICKCOUNTY, VIRGWIA � 91tl+e 2gt9 NpY81nl)er GenereEEbctl ¢n herd on November 08.2616Rr, °! f '= �1 g, A�La...,. _a yc*y,�,$.mss _ ��j�f Rroposed Constitutional Amendment Question'1 ��'agesa�i'r Shoum Article 1 of th¢ Consfk W an a(Virglnla be ampndetl to prohibit nny oer8aindM OY WmblM1Vden between lih ampbyer e,MaEebor union Or laborargan ¢etion whereby (Ij mamders of the unign Or pigeniaatien era dwflad the rlgM W work br On¢ amp3oyer, pij membership to the unbn ar organixa3ion b made a contliti¢n d empoyment w raMlnuation OI employment by Hoch empbyer, er (ilij thf union 4r orgd+dzeiign acqulrsc Gn empbymeM rnOrwp4b In bny such arrterpliaa8 OG£STipN RESPGNSE TOTPi VOTES RECEIVED (M'FIGURES) TWai Y£S Wtae '18408 Ta181 NO weed '18582 Totei Nemhdr of GYer�otad fm OVasfwn q We, the undersgrxid Ekebm! apprd, upon esamine4on of the oft'icial rccorrW tlepcsil Y.iiih Ufs Clerk OI Na Cirwll Ccuh of the eleCiion held On Naw,mbm P8, 2(198. CO hembY ceR11Y Vt04 ma pppvz is a trva antl wnaev A4greet 4t votes casl % said elpslion for the prapaaed referendum. NGT PASS£G harMsmts fyrH e®yot�1%!, -rr�ra �Q/G `�,�,# � lf�f��� , Chairmen ��G.Ltt'.' . _ ? �`�-'f.112. , UoB ChRIfRIRn ��p� ��.�'rl , Secretary Minute Book Number 42 Board of Supervisors Closed Session and Regular Meeting of 12/14/16 Couuty of Frederick, Virginia 166 A�STRACfi of REFERE1ViiUM VOTES Coe{ in FREOERiLH COUNTY, VIROINtA al me 2at6 N9Vaanh0r GBnarai (lacfu,n help on NOWIIb0r W, ffi18 fro, Proposed Constitutional Amendment Question 2 Sha11 the corrstitudon a Virginia 4e amended to snow,ha Cansml Acsambly to prav[tls en aptisn to the Eacalitke tp exempt }rom iasalion the r@a3 properly of the surviving spouse of a +y IawmnfprcemaM otpser, Nrefghiw, Saerclr and rescue perswtnal, w ammg py madkal saMCes parsonn I wtw roes killed 3n tfis IEne oP duty, wham the surviving spouse occupies she real propany as his a[ per principal plow pf raitlenw and has trot ramanied] OUE571ON RESPONSE TOTRL VOTES REC�fVEO (lN FKiURES) Total YE9 roles 3186] ToFaINO Vatda ]y88 Total Number sl Orema[ss fa cauaebpn p: We, [he Vntlefapnatl Elepbtei BpeN, upon eaaminaaan b€ Ins gtfielal tegoMa tlepgsASd with gra Gkrk ql the prom Caud at the 9:acbmt held on Ngvemhero8, ZeIB, tla hereby paNfy ladf Vie dtWVg i8 a WB 0IW Gwr¢at AOalYdal of Votes msl al oaa atapgop rry lha propaepd ram,andnnt. P885€g hands lhia lY:FI i/d8Y��l�,v Gw'/'(i£.[„ a�U J!., .� �i`: �Ca� , CheJmtan ✓�f;�j:�- �i�',r�— ...u�,Vibe Chairman �%7�f� e.�es,c'� -. .secretary Minute Book Number 42 Board of Supervisors Closed Session and Regular Meeting of 12/14/16 County of Frederick, Virginia 167 ABSTRACT of VOTES Casl in FREDERICK GOUNTY, VIRGw4l at the 2019 November Gererai ElacGon tceld on Novamher98. 20t41w, President and Vice President NAMES QFOANOlt1ATES ON THE 84LLOT TOTAL YDTES REC£1VED (!N FIOVRESJ t)uhaW J. Trump - ReptAtipan 28089 Hldery CGMan Oeleooepc tt4]2 GaN JoMwn � Liberlarren 1286 Evan MtMUNFIa � Intlepanaenl 543 JtlI Slein - Gtami 315 ToW VJntaln votes �mm Wrnedns Cerdficeaonal 2TT 3VaGd Wnta- Ins * Inwfid WdBO _ins =Total Vhite In Votes] Tate! Number of Owrvofes for OIECe 4 We, tltx onaersigne6 Electaraf Boat, a{wn examinslbn of Ma atfidal re«,as aepas €pawiut the Clerk ortrre CueW1 Coup o! the election heltl on November 08, 2648, as hareby certify Yhal dee abova's x vue aM crnract AhatrecE of vote: eael at sale elaado� ror the aramd®nt arc! v« neamanL R.pIl2jp -J. T�Ip - Reg3f¢[k39 Gfven under our hands Phis�„^� %fi _ day o/ ����� �:�x�c � "�G �Cyp�ifi'� ) � / , Gha'uman �� /�iJi.P - /.. r3/-4��ro .Vice ChaiRnan . x, „' !C -� � -� � ,Secretary �� �i 4,,,Q �� 3 ,Secretary. Elegorel Board �_ _ Minute Book Number 42 Board of Supervisors Closed Session and Regular Meeting of 12114!16 County of Frederick, Virginia 16. 169 ABSTRAC'i of VOTES Call M FRECER3CK COUNTY. ViRGINW at Ste 2018 November riWlteral Elvadon. held on November 08. 2018 br, NtemtYer Board of Supervisors otaamE: sTaN�waLa_ o�sTrrzlcT NAA4E8 OF Opkp7pAFES ONTFI£ RAL{.OT TOTAL VOTES RECFeVED pN HGUFlESj JuNtl1 A6c0ava5au9hler 5081 TolslWb(e -0t vales (Frpm wrlfe�Ins Ce+ %( uvrnJ 93 ry�w wate�lnc * Mvalid wdle_lre � Towf wrc�e In vamsl Tpa3 Number of OvarmSea to OMirs 0 ova, 1Rm untlenlgned ENpOrp 8oertl. v(An axem€netEan a! Ine oMCtel rernrde tlaQOSltad udtl� the Clerk of Ste Gmd[ Caurl el [ne dectian heW on Nwambor60, 20iB, dv herby carGly Nat iha above is a We and cumeel Abslrapp Vpee at the said elecllon and db, PtiM6lpta, Catorntlne an6tbCiaR pai rite 101tovArtg poECnn(st Etas es(�ved Ifie grvelost number W Wlefi east fa Ne Member aaatd 4f SupaMSOrs. fP"Ii17'[3.g70'L<.1RRI.Rn Given urrcfar our hands this � `r�T tley af�,;�,�,,,,,,_, ? ia. s°G/�f��y� f "/� �/__ _ __.Chairman / / /e.r d ��� / N- P�...L'- .Vice Chairman D � � ,1 .�.c�.> .Secretary ��P -s..�a , Secretary. Eleotora3 Beard Minute Book Number 42 Board of Supervisors Closed Session and Regular Meeting of 12/14/16 County of Frederick, Virginia 170 171 ABSTRACT of V07ES Cast in Ma Tawn of MPOI]LETOWN in FRECERICK COUNTY, VIRGtNl4 al pta 2056 Nwamlmr Gam E1s�.wn told on Npyentbm og, 2058 for, Mayar olttrkr a%PDhETOYaN NAMES OF CANDIDATES ON iflE OAGLO7 70ZAE VOTES RECEIVED (IN FIGfIRES) Chadds K Had,eupn IV 50.6 To>83 wnte -n varaa Ersmn walo-hu canmcaaons7 to iVsflE Write -Ins i InrdlG write_Gn =Total Wd� In Votes3 T03a3 NpmtRr plpyervgles br o1f 0 Wa, tha undaralgireC Ekctp[el 9caH, upon aaeaYnatkn M pre afhual namrda d¢ppsite0 vAth the GIeM of ere CirwiF CauR of Uve eEacl'wn neltl on Nvvembei OB, 2058, do herby cmtily tt� the above h a true and corn,q pb9t+scr ofvMea e[ dre said Nectivn and dv. [hemfwe, detatmirm aM dadem that fie follwnrg persOn(s) hae nr�lved tle greatest numder of rotas cast far the Maya. .�AArs$£M..N.Ah' h IV Given under oue bends fh7s /Y� C tlayW .G�f ��it . _ a i� Ghalrman r: � i /ir�.6.- ��.. -. 1�� r.� , 41ce Chaim€an li (esJ!R-- �..�. -G-o ,Secretary �ea.�^�d.�.� .Secretary, Elecroral Board Minnte )Book Number 42 Board of Supervisors Closed Session and Regular Meeting of 12/14/16 County of Frederick, Virginia 172 ABSTRACT of VQT�S Cas11n lice Toren gFP.pp W,E,7pWN in FREDERICK LOUhRY, VIRGINIA atlhe 2x18 Novamha; Gerrerel Election help gn Ngyalnber 128, 2g989m. Mombor Town Gvuncil p�rlct: MtaDl.eTOwN NAMES OF CANDIAATES ON THE 8Ati0T TOTAL V07ES RECEIVED (N.' FIGURES) Carolyn S. ANft 11T Corals S- SnYtlerJOnct 281 George Jay Smith 251 Marghell J.'Mark °Gemm g� Galen o. earzinaglan �� TMaI WBSJa vetp8lFrpm Wtly, -!na Lutiheatlon8j 18 (Valid WMe�lna r InvsSd Write Ins = Yaml nrrce m VataFj Total NUmEnr aFOvarwNe for Offiw 0 We. 8ce urrtlarslgned Elerbeal Boatp, utron examination of Ne oHnaf rptplp8 Uapoa€Wd with the Clark d Iha Gin-ull ):Dort of Me eleeVOn treld an November 08. 2016. do herby caNiy that the adave 4 a vue anp wrmct Abekacf o1 VNas of th8 SBIp pecUOn antl do, pserebre. Oalemline anC declare IhM the €o €lavnng par„on(S) haS receiveA the gryo[asl camber of vdes call for Iha 0.1em6er Tawn CounrJ3. .i.. Gu91a 5_ s ^y3let:�Aa98 A�e�J y smish Given under our hands thh /,. /Yak day of .rf/a -� d�'.c , a®id ��1/ %s����� , Chauman �, /L/'frrL.�JDf'��- _,V1ce ChaEttnan �.F -C.rL� , Socletary ����_.�.�..e.�+] , 9euetary, Ekectornl Boan7 Minute Book Number 42 Board of Supervisors Closed Session and Regular Meeting of 12/14/16 County of Frederick, Wirginia 173 ABSTFZACT of VOTES Case N the Trnm of S4EPNENS CITY'in FREDERICK COVNtt. ViRGiNIA at h9e 2090 Navemcer General Elepion he7tl on Npvembar Se, 2016 hr, Member Town Counci9 OiaMCt: STEPHENS G3TC k4MES OF CANIXOATES ON THE BALLOT TOTAL VOTES RECEfVEO (IN FIGURES) kany Ann Thetcner 358 Ron91C t. Elbvlers a3a .lasaplt w.taotca gee Stevan M. Happek ]19 otm wme -w Dares �aa wnre -ma cwr aoa.l ze (Valid WrilerEna + Erva €d WMe...�ns =TOtel wt3tb Irt Vom51 Tatal Nutnper ci Ova�wzgea iw Oniea 0 wa, Yh¢ untlai &gnatl Elaatoral BaaM, upan bxaminaYgrt of fha MfirAa3 racotdY Eepbsiled WIIN Na CIaN. oFthB Circuit Cow a(iha eleegon belA an Novembe[ea, N118, da ruby rsnify IIrai the above €6 a true antl cvrred P.bsaad of Votes et the sad eteclian �tl xlo. IhereFore. darermine aM Aadarc that tyre fbaowxg persart(s) has racaivetl the greatest numhe *af vottrs mat for lhb MemberT Cout�. - E NGly Aao ihatchet 2. Rbnaltl L. Bovren .7...J.¢�Ail.}A'.11Rlge Given urMer ouT hands This /Y�.4 day d .[/� � d y. ��. s ' , . y/ � r � ,Chairman a��� �1 �7 ,, .Vise Chafrtnen f�/ �fo.4�+ . SecreFary /� �Q,a�.e, ,Secretary. Electoral Board COMMITTEE REPORTS PARKS AND RECREATION COMMISSION REPORT — APPROVED UNDER CONSENT AGENDA The Parks and Recreation Commission met an November 29, 2016, Membexs present were: Randy Carter, Christopher Fordney, Natalie Gerometta, Gary Longerbeam, Ronald Madagan, Guss Morrison, Charles Sandy, Jr., Amy Strosnider and Blaine Dunn (Boaxd of Supervisors' Non - Voting Liaison). Items Requiring Board of Supervisors Action: None Submitted for Board Information Only: Minute Book Number 42 Board of Supervisors Closed Session and Regular Meeting of 12/14/16 County of Frederick, Virginia ��� 1. Rose Hill Playground — Mr. Madagan moved to not use proffer funds to purchase playground egtupment for Rose Hill Park at this time, second by Mr. Sandy, carried unanimously (8 -0). 2. Buildings and Grounds Committee - Blue Ridge Sand Volleyball Court Construction -The Buildings and Grounds Committee recommended locating the proposed sand volleyball court at Sherando Park on the south side of Lakeview Circle, second by Mr. Fordney. After discussion, Mr. Sandy moved to table this request until the January 2017 meeting after more information is received, second by Mr. Madagan, carried unanimously (8- 0). 3. Buildings and Grounds Committee - Frederick Heights Park- The Buildings and Grounds Committee recommended to hold a public information meeting prior to the Commission meeting in January 2017 to give residents a chance to voice their opinions on the development of Frederick Heights Park and then the Commission will make a recommendation at its meeting, second by Mr. Sandy, motion carried unanimously (8 -0). 4. Buildings and Grounds Committee - 2018 Capital Improvements Plan- The Buildings and Grounds Committee recommended to accept the 2018 Capital Improvements Plan as submitted, second by Mr. Sandy, motion carried unanimously (8 -0). The 2018 Parks and Recreation Capital Improvements Plan will be forwarded to the Planning Department for review by the Planning Commission. 5. Frnanee Committee — Fiscal 2018 Recommended Budget -The Finance Committee recommended to accept the attached 2018 Fees and Charges as submitted, second by Mr. Madagan, motion carried unanimously (8 -0). The Finance Committee recommended to accept the Fiscal 2018 Recommended Operating Budget as submitted, second by Mr. Madagan, motion carried unanimously (8 -0). Th.e Finance Committee recommended to accept the Fiscal 201.8 Recommended Capital Budget as submitted, second by Ms. Gerometta, motion carried unanimously (8 -0). The recommended operating and capital budget has been forwarded to County Administration as part of the budget process. 6. Buildings and Grounds Committee — Snowden Bridge Park Easement Request - 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 ofthe public body, second by Mr. Sandy, motion carried unanimously (8 -0). 7. 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. Sandy, motion carried unanimously (8 -0). Mr, Madagan moved to exit closed session, second by Mr. Sandy, carried unanimously (8 -0). All Commission members were polled re: any discussion besides matter for closed session, all said no. LANDFILL OVERSIGHT COMMITTEE REPORT — APPROVED UNDER CONSENT AGENDA The Landfill Oversight Committee met on Wednesday, November 16, 2016, at 9:00 a.m. The following committee members were present: Robert Wells, Brenda Garton, Tom Hoy, Mike Neese and David Ash. All members were forwarded a copy of the draft budget prior to the Minute Book Number 42 Board of Supervisors Closed Session and Regular Meeting of ]2/14/16 County of Frederick, Virginia 176 meeting. * * *I #ems Not Requiring Action * *''� 1. Project Update Staff presented a brief update on the status of major projects currently being accomplished during Fiscal Year 2017 -2018. We have completed the closure of approximately 10 acres of the Phase I Area in the Construction Demolition Debris (CDD) Landfill, Fermit 591. Several other smaller projects were discussed as well. 2. Proposed Fiscal Year 2017 -2018 Budget Staff presented the proposed Fiscal Year 2017/2018 budget. In general, the proposed budget is based on an estimated waste flow of 160,000 tons for Fiscal Year 2017- 2018. We are proposing a Fiscal Year 2017/2018 budget amount of $9,713,939.00. We are estimating revenue of $6,734,695.00. The difference between the proposed expenditures and revenue will be obtained from the Landfill Unreserved Account in the amount of $2,979,244.00, In summary, we are not proposing any tipping fee changes in the proposed budget, We are proposing the following major projects: a. 131asting/Rock removal in the MSW Landfill, Permit 529, Phase 3 Area (Estimated cost $1,500,000.00) b. Possible construction of a large holding pond for the leachate treatment facility (Estimated cost $1,500,000.00) After some discussions, the committee unanimously endorsed the proposed Fiscal Year 2017/2018 budget. It will be forwarded to the respective governing bodies for their review and approval. PUBLIC WORKS COMMITTEE REPORT — APPROVED UNDER CONSENT AGENDA The Public Works Committee met on Tuesday, November 29, 2016, at 8:00 a.m, All members were present, The following items were discussed: ** *Items Not Requiring Action * ** 1. Disposition of Glass Recycling The committee met to discuss the recent elimination of the glass recycling program. This decision, based on declining conditions in the commodities market and significant cost increases to the county, was made by staff after canvassing the Public Works Committee and four board members. During contract negotiations, the county's recycler proposed a cost hike from zero to $72 a ton for managing the county's 500 tons of glass each year. In addition, the recycler requested that the county reclaim any unmarketable glass at our expense. While the county generates 40 tons of glass each month, the recycler is currently only able to market 20 tons of glass each month. Ultimately, an arrangement that would require the county to take back its glass could result in the county paying approximately $100 a ton to accept glass at the convenience sites only to landfill the material in the end. This overall cost would be attributed to tipping fees at the recycler, landfill, and additional transportation and handling. The committee considered that landfilling glass while accepting the material at the convenience sites might tend to undermine the integrity of the recycling program as a whole. Markets outside of the county were explored. Staff presented its findings that three recyclers in Hagerstown and Manassas will not accept the county's glass. One., in fact, stated that it is landfilling all glass it receives because it is less expensive than processing the material. The committee also discussed a voluntary recycling fee which would help offset costs, however, that was dismissed as unmanageable and nearly impossible to collect. Minute Book Number 42 Board of Supervisors Closed Session and Regular Meeting of 12/14/16 County of Frederick, Virginia 17� After much discussion, the committee asked that staff continue to look for potential viable uses for the county's glass, while endorsing staffs discontinuation of glass recycling as instituted on November 16, 2016. 2, la iseal Year 2017/2018 Budget Staff presented the proposed Fiscal Year 2017/2018 budget for informational purposes only. The department's nine (9) budgets were each presented and discussed. A copy of the budget package was made available to all members of the committee prior to the meeting. The proposed budgets have been delivered to the Finance Department for further review. No action was necessary by the committee 3. Miscellaneous Reports: Tonnage Report (Attachment 1) Recycling Report (Attachment 2) Animal Shelter Dog Report (Attachment 3} Animal Shelter Cat Report (Attachment 4} TRANSPORTATION COMMITTEE REPORT — APPROVED UNDER CONSENT AGENDA The Transportation Committee met on November 28, 2.016 at 8:30 a.m. Members Present Members Absent Gary Lofton — Chairman (voting) Mark Davis (liaison Middletown) Judith McCann - Slaughter (voting) Barry Schnoor (voting) Gene Fisher (voting) Gary Oates (liaison PC) Lewis Boyer (liaison Stephens City) James Racey(voting) ** *Items Requiring Action * ** NONE ** *Items Not Requiring Action * ** 1. Comprehensive Plan Update Staff has received VDOT's comments on the transportation component of the transportation section of the County Comprehensive Plan which are attached. All comments have been addressed and did not require any change to the County's stated desires or plans. However, the format is now more in keeping with the new legislative requirements. The Committee reviewed and endorsed the updates to the plan section. This item will be coming to the board separately as its own agenda item. 2. Welltown Road Speed Concerns The Sheriff's Office has been monitoring the roadways in question and provided reports from their activities (attached). The Committee has asked additional questions of VDOT regazding the original establishment of the 45 mph speed zone on Rest Church that Staff is following up on. 3. Warren County Truck Restriction Request Minute Book Number 42 Board of Supervisors Closed Session and Regular Meeting of 12!14116 County of Frederick, Virginia s Warren County has requested that Frederick County join them in requesting a truck restriction for Reliance Road beginning at Exit 302. Staff presented their request to the Committee. The Committee has asked some follow up questions regarding truck volumes and the origination of the concern which Staff is following upon with Warren County and VDOT. 4. County Projects Update Snowden Bridge Boulevard: Final items are being addressed as this project wraps up. Tevis Street Extension /Airport Road/I -81 Bridge: Bridge design in ongoing and environmental documents for VDOT are being completed. Renaissance Drive: Currently working with CSX on MOU for the future crossing. Engaged in communication with VDOT to answer questions that arise as we await a decision on Transportation Partnership Opportunity Fund application from the Governor's Office. Valley Mill Road Realignment: Thirty percent design has been completed and the County's on call consultant is providing an updated cost estimate to complete design through 100 %. Upon approval by the private party partner, the next phase of design will begin. Coverstone Drive: No activity at this time. Jubal Early Drive Extension and Interchange with Route 37: Initial meetings regarding a draft agreement and follow up application for additional revenue sharing funds has been held with the private partner team. 5. Other CODE AND ORDINANCE COMMITTEE REPORT - APPROVED The Code &Ordinance Committee met on Monday, November 7, 2016 at 3:00 P.M., in the First Floar Conference Room, County Administration Building, 107 North Kent Street, Winchester, Virginia. Code and Ordinance Committee members present were Blaine P. Dunn, Chairman; Robert Hess, Robert W. Wells (arrived at 3:30 p.m.), Derek. Aston, Stephen Butler, and James Drawn. Also present were Deputy County Administrator for Human Services Jay E. Tibbs, County Attorney Rod Williams, Assistant County Attorney Erin Swisshelm, Treasurer C. William Omdoff, Jr., Commissioner of the Revenue Ellen Murphy, and Judith McCann- Slaughter, Stonewall District Supervisor. The committee submits the following: ** *Items Requiring Board Action * ** 2. Proposed Amendment to the Frederick County Code, Chapter 155, Taxation, Article XVI, Business License Provisions, Section 155 -81, Appeals and Rulings. (See Attached.) —Sent Forward for Public Hearing County Attorney Rod Williams provided a brief overview. He advised this proposed amendment would bring the County Code into conformance with the State Code. Upon a motion by Mr. Hess, seconded by Mr. Butler, the Committee forwarded this Minute Book 1Vumber 42 Board of Supervisors Closed Session and Regular Meeting of 12/14/16 County of Frederick, Virginia � � tf proposed ordinance to the Board of Supervisors for public hearing with a recommendation of approval. The motion was approved 5 -0 with Mr. Wells absent. Upon motion made by Supervisor Dunn, seconded by Supervisor Slaughter, the above proposed amendment was forwarded to 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 Gary A. Lofton Aye Judith McCann - Slaughter Aye Robert W. Wells Aye Gainesboro District Vacant ** *Items Not Requiring Board Action * ** 1. Proposed Amendment to the Frederick County Code, Chapter 155, Taxation, Article I, General Provisions; Section 155 -3, Tax Returns; Failure to File, (See Attached.) County Attorney Rod Williams provided a brief overview. He advised this proposed amendment contained various technical amendments, including machinery and tools and business equipment filing requirements, which had been suggested by the Commissioner of the Revenue, In addition, the proposed amendment would eliminate the failure to report penalty for motor vehicles, trailers, airplanes, boats, and mobile homes. The penalty for business equipment would be maintained. The committee discussed the pros and cons of this proposal. In addition, they asked about the number of taxpayers impacted by the current County Code and the proposed loss of revenue generated by this penalty. Upon a motion by Mr. Hess, seconded by Mr. Butler, the committee voted not to send this proposal forward because it was not ready and asked staff to increase public awareness of the need to file, and investigate alternatives to the current penalty. The motion was approved unanimously 6 -0. There being no further business, the meeting adjourned at 4:1 Op.m. HUMAN REOURCES COMMITTEE REPORT The HR Committee met in the First Floor Conference Room at 107 North Kent Street. at 8:00 a.m, on Friday, November 18, 2016. The HR Committee members present were: Supervisors Robert A, Hess, Chairman; Blaine P. Dunn and citizen member, Dorrie Greene. Supervisor Robert W. Wells and citizen members Don Butler and Beth Lewin were absent. Others present were: Brenda Garton, County Administrator; Kris Tierney, Deputy County Administrator; James Whitley, NRADG Superintendent; Barbara Allegra, Benefits Administrator; and Erin Swisshelm, Assistant County Attarney. The HR Committee did not have a quorum; however, informal discussions took place for the agenda items. ** *Items Requiring Iloard Action * ** 1. HR Policy Revisions; see attachments - Approved Section X, § 10.1 Service Awards Policy. Section XIV, §14.7 Termination of Employment. The HR Committee members present unanimously agreed with the policy changes and Minute Book Number 42 Board of Supervisors Closed Session and Regular Meeting of 12/14/16 County of Frederick, Virginia recommend the policy revisions go to Board of Supervisors for final review and approval. Upon motion made by Supervisor Dunn, seconded by Vice Chairman Fisher, the above revisions were approved by the following recorded vote: Charles S. DeHaven, Jr. Aye Blaine P. Dunn Aye Gene E. Fisher Aye Gary A. Lofton Aye Judith McCann - Slaughter Aye Robert W. Wells Aye Gainesboro District Vacant 2. Bonus Ordinance: Discretionary Bonus Guidelines for Frederick County — Denied. The HR Committee members present discussed the request from the County Attorney for the Employee Recognition program pursuant to Virginia Code §15.2 -1508 that was previously approved unanimously by the HR Committee on May 13, 2016. The HR Committee members present reached a consensus to again move the request forward to the Board of Supervisors for review and approval with referral to Code &Ordinance. Chairman DeHaven stated he felt employees were its best asset but felt this was not the way to go about it and could not support this. above. Supervisor Lofton stated he too could not support this proposal. Upon motion made by Supervisor Dunn, seconded by Supervisor Wells, to approve the The above was denied by the following recorded vote: Charles S. DeHaven, Jr. Nay Blaine P. Dunn Aye Gene B. Fisher Nay Gary A, Lofton Nay Judith McCann - Slaughter Nay Robert W. Wells Aye Gainesboro District Vacant 3. Employee of the Month (December 2016) — Approved Earlier in the Meeting The HR Committee present reviewed the nomination for employee of the month for December and recommend to the Board of Supervisors that Dail D. Ritenour, Jr. be recognized as December 2016 1mployee of the P✓lonth. 4. Employee of the Year Selection (July 2015 -June 2016) — Approved Earlier in theMeeting The HR Committee will review and make their selection via electronically for employee of the year. The employee of the year will be recognized at the Frederick County Holiday Party on December 2, 2016 and at the Board of Supervisors meeting on December 14, 2016. ** *Items Not Requiring Action * ** 1. None. Minute Book Number 42 Board of Supervisors Closed Session and Regular Meeting of 12/14/16 County of Frederick, Virginia The next HR Committee meeting is scheduled for December 9, 2015 at 8:00 a.m. PUBLIC HEARING - TWELVE MONTH OUTDOOR FESTIVAL PERMIT REQUEST OF BELLE GROVE PLANTATION. PURSUANT TO THE FREDERICK COUNTY CODE, CHAPTER 86, FESTIVALS; SECTION 86 -3, PERMIT REQUIRED; APPLICATION; ISSUANCE OR DENIAL; FEE; PARAGRAPH D, TWELVE MONTH PERMITS. ALL EVENTS TO BE HELD ON THE GROUNDS OF BELLE GROVE PLANTATION, 336 BELLE GROVE ROAD, MIDDLETOWN, VIRGINIA. PROPERTY OWNED BY THE NATIONAL TRUST FOR HISTORIC PRESERVATION. - APPROVED Chairman DeHaven convened the public hearing. There were no public comments. Chairman DeHaven closed the public hearing. Upon motion by Supervisor Lofton, seconded by Supervisor Dunn, the $oard approved the twelve month outdoor festival permit for Belle Grove Plantation. The above motion was approved by the following recorded vote: Charles S. DeHaven, Jr. Aye Blaine P. Dunn Aye Gene E. Fisher Aye Gary A. Lofton Aye Judith McCann- Slaughter Aye Robert W. Wells Aye Gainesboro District Vacant PLANNING COMMISSION BUSINESS DISCUSSION OF 2035 COMPREHENSIVE PLAN UPDATE INCLUDING THE KERNSTOWN AREA PLAN AND THE LEONARD PROPERTY CPPA AMENDMENT (CPPA #01 -16) (RESOLUTION #0_4_4 -161 —SENT FORWARD TO PUBLIC HEARING WITH UPDATED FREDERICK COUNTY SANITATION AUTHORITY COMMENTS REGARDING SEWER AND WATER SERVICE AREA (SWSA) Assistant Planning Director Candice Perkins appeared before the Board regarding this item. She stated the five -year review and update of the 2030 Comprehensive Plan was initiated in the summer of 2015 with a three phase approach. The first phase was completed in September of 2015 and the second phase was concluded in March, 2016. Staff has recently completed phase three of this process -this phase wrapped up the public outreach aspect of the Plan update and the joint work session. Following the August 17, 2016 joint work session of the Frederick County Planning Commission and the Board of Supervisors and subsequent meetings, staff has made additional changes to the draft 2035 Comprehensive Plan and the Kernstown Area Plan, based upon the input received. She stated staff would like to express its sincere thanks for all of the valuable input provided to date. Updates to the plan include: - Removal of redundant and repeated text to further simplify the document; Minute Book Number 42 Board of Supervisors Closed Session and Regular Meeting of 12/14/16 County of Frederick, Virginia 18� - Change of Policies /Implementation to Goals /Strategies to allow for future flexibility in the interpretation and implementation of Plan policies; - Formatting to ensure consistent terminology, formatting and organization; - Updated facts, figures, and maps; - Updates to the Kernstown Area Plan text; - Inclusion of the Leonard property Sewer and Water Area (SWSA) Comprehensive Plan Amendment (CPPA #01 -2016) to the Southern Frederick Area Plan. She further stated the updated plans were presented to the Comprehensive Plans and Programs Committee (CPPC) at their October 2016 meeting. The CPPC endorsed the changes and the 2035 Comprehensive Plan Update, including the Kernstown Area Plan. The CPPC also endorsed the Leonard Property Sewer and Water Service Area (SWSA) Expansion request at their November 2016 meeting. The Planning Commission discussed the 2035 Comprehensive Plan update at their November 2, 2016 meeting, as well as, updates to the Transportation Chapter and the Leonard Property SWSA Expansion (CPPA #01 -16) at their December 7, 2016 meeting. She stated staff is seeking authorization from the Board of Supervisors to send the Draft 2035 Comprehensive Plan (including Appendix I, Appendix II, the Kernstown Area Plan and the Leonard Property SWSA Expansion CPPA #01 -16) forward for public hearing. Supervisor Lofton stated with reference to the Kernstown Area Plan, the SWSA as it Curren #ly exists, could that be moved to the west to align with the railroad tracks and tie in back with Stephens City. Supervisor Wells agreed. Supervisor Lofton commended Ms. Perkins and staff on the great work for this plan. Chairman DeHaven agreed, it was a huge job, Upon motion made by Supervisor Slaughter, seconded by Supervisor Lofton, the above was forwarded to public hearing with the updated Frederick County Sanitation Authority comments on the Sewer and Water Service Area (SWSA }. RESOLUTION DIRECTING THE PLANNING COMMISSION TO HOLD A PUBLIC HEARING REGARDING THE 2035 COMPREHENSIVE PLAN, INCLUDING APPENDIX I AND APPENDIX II WHEREAS, The Comprehensive Plans and Programs Committee and the Planning Commission, with the assistance of citizen volunteers and working groups, worked diligently throughout 2015 and 2016 on the 2035 Comprehensive Plan; and WHEREAS, The 2035 Comprehensive Plan was presented to the public through a series of four public input meetings during the month of June, 2016; and Minute Book Number 42 Board of Supervisors Closed Session and Regular Meeting of 12/14/16 County of Frederick, 'Virginia 18.E WHEREAS, The 2035 Comprehensive Plan was presented to the Planning Commission and Board of Supervisors at joint work session on August 17, 2016; and WHEREAS, The Comprehensive Plans and Programs Committee (CPPC) discussed the draft 2035 Comprehensive Plan on October 12, 2016 and recommended it be sent to the Planning Commission; and WHEREAS, the Planning Commission discussed the draft 2035 Comprehensive Plan on November 2, 2016; and recommended that a public hearing be held; and WHEREAS, the Frederick County Board of Supervisors discussed and endorsed the 2035 Comprehensive Plan, including Appendix I and Appendix II, on December 14, 2016 and finds that it is in the public necessity, convenience, general welfare, and good planning practice, to direct the Frederick County Planning Commission hold a public hearing regarding the 2035 Comprehensive Plan, the Plan; and NOW, THEREFORE, BE IT REQUESTED by the Frederick County Board of Supervisors that the Frederick County Planning Commission shall hold a public hearing to consider adopting the 2035 Comprehensive Plan, including Appendix I and Appendix II and forward a recommendation to the Board of Supervisors. The above motion was approved by the following recorded vote: Charles S. DeHaven, Jr. Aye Blaine P. Dunn Aye Gene E. Fisher Aye Gary A. Lofton Aye Judith McCann - Slaughter Aye Robert W. Wells Aye Gainesboro District Vacant BOARD LIAISON REPORTS Supervisor Lofton reported that at the recent Social Services meeting, the regional director of Social Services was present to speak about deviation and if anyone had a question as to what that is, they can ask the county administrator to explain. He stated he felt this would be a positive thing for the county and looked forward to that discussion continuing. Vice Chairman Fisher stated he wanted to advise that the Public Safety Committee had met back in August had report on fee for service status, He stated the staff augmented a number of administrative and procedural changes, and other details. There is currently a subcommittee working on the current MOU to review the reimbursement values in dollars and cents that gets reimbursed to each company, that is in progress and there will be further information coming forth in the first part of the year. Chairman DeHaven stated the original agreement stated there was to be a re- evaluation every two years, it is past that, but they are working on it and ho felt really good about it. Minute Book Number 42 Board of Supervisors Closed Session and Regular Meeting of 12/14/16 County of Frederick, Virginia 1�4 Shawn Graber, Back Creek District, appeazed before the Board, wanted to thank Supervisor Dunn for trying hard to allow the people to speak. Too often they see appointed and selected, not elected, and would love to see citizens of Gainesboro District get to elect their representative in a more timely fashion. Stated he would like to see a referendum on the schools and felt there needed to be a price tag tied to it. Felt if the citizens had an opportunity to vote up or down, we would see a different approach than some of the discussion we heard from the school representatives. Felt we needed to be more concerned with the citizens' money before we spend it. Jay Marts, Gainesboro District, appeared before the Board and thanked Supervisor Fisher and felt he was right on on the design issues for the schools. Had opportunity to attend recent public information meetings at Snowden Bridge Elementary School and Armel Elementary School where the architects were in attendance with the design plans. Stated there was a good exchange of questions and answers at the meeting at Snowden Bridge and felt the School Board did not like some of the questions and did not have some of the answers, and when he attended the meeting at Armel Elementary, the School Board did not allow any questions and answers. Said he was not a complete naysayer on new construction, felt additions and renovations were a good thing, but they needed to look at what was happening at Armel Elementary and there is a lot of over design. Stated with reference to the modular units at the schools, felt safety issues mentioned were invalid issues as students are outside at recess and on the track and field, Felt modular units were a good temporary solution while they work on looking at school boundaries and expansion, and there has been no attempt to do that. George Hughes, Gainesboro District, appeared before the Board and stated with reference to the schools, they build more bad than good, Stated when new school is built, soon it needs to be remodeled because it isn't working. He stated. that with reference to newly approved subdivisions, there is a net deficit in income versus what is spent, It is hard to justify. BOARD OF SUPERVISORS COMMENTS Supervisor Dunn stated we are going to go through a budget process and the recent comments about new development and the cost to the county. The state legislators last year changed the definition of proffers to be specifically attributable and that will have a significant impact. Legislators getting ready to go into a new session and felt they need to consider an impact fee to capture the cost of development such as items for schools. Felt the Minute Book Number 42 Board of Supervisors Closed Session and Regular Meeting of t2 /14lt6 County of Frederick, Virginia �8 county and legislators need to work together on this so that if the county continues to grow, the impact will be borne by the industry and the people that caused that growth. Supervisor Lofton wished everyone a Merry Christmas and a prosperous New Year. Chairman DeHaven stated to the citizens of Gainesboro District, there will be an opportunity to elect a supervisor for Gainesboro District in November when we already pay for an election rather than in April. ADJOURN UPON A MOTION BY VICE CHAIRMAN FISHER, SECONDED BY SUPERVISOR DUNN, THERE BEING NO FURTHER BUSINESS TO COME BEFORE THIS BOARD, THIS MEETING IS HEREBY ADJOURNED. (8:23 P.M.) Charles S. DeHaven, Jr. renda G. Garton Chairman, Board of Supervisors Clerk, Board of Supervisors Minutes Prepared By: � vr.<5cn � �r i � _ Teresa J. Pr Administrative Assistant County Administrator's Office Minute Book Number 42 Board of Supervisors Closed Session and Regular Meeting of 12(14/16 County of A'rederick, `Virginia