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HomeMy WebLinkAboutAugust 9 2017 Closed Session and Regular Meeting Minutesj A Closed Session and Regular Meeting of the Frederick County Board of Supervisors were held on Wednesday, August 9, 2017, beginning at 6:00 P.M., in the Board of Supervisors' Meeting Room, 107 North Kent Street, Winchester, Virginia. PRESENT Chairman Charles S. DeHaven, Jr.; Vice -Chairman Gene E. Fisher; Blaine P. Dunn; Bill M. Ewing; 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 Dunn, the Board of Supervisors 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. The above motion was approved by the following recorded vote: Charles S. DeHaven, Jr. Aye Blaine P. Dunn Aye Bill M. Ewing Aye Gene E. Fisher Aye Gary A. Lofton Aye Judith McCann -Slaughter Aye Robert W. Wells Aye Upon a motion by Vice -Chairman Fisher, seconded by Supervisor Ewing, the Board of Supervisors 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 Bill M. Ewing Aye Gene E. Fisher Aye Gary A. Lofton Aye Judith McCann -Slaughter Aye Robert W. Wells Aye Upon a motion by Vice -Chairman Fisher, seconded by Supervisor Wells, the Board certified that to the best of each Board Member's knowledge that only 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 Minute Book Number 43 Board of Supervisors Closed Session and Regular Meeting of 0S/09/l7 County of Frederick, Virginia 035 strategy of the Board, pursuant to Section 2.2-3711 A (3) of the Code of Virginia, 1950, as amended, were discussed. The above motion was approved by the following recorded vote: Charles S. DeHaven, Jr. Aye Blaine P. Dunn Aye Bill M. Ewing Aye Gene E. Fisher Aye Gary A. Lofton Aye Judith McCann -Slaughter Aye Robert W. Wells Aye Chairman DeHaven announced the Board would recess until its 7:00 P.M. regular meeting. REGULAR MEETING - CALL TO ORDER Chairman DeHaven called the meeting to order. INVOCATION Vice Chairman Fisher delivered the invocation. PLEDGE OF ALLEGIANCE Supervisor Lofton led the Pledge of Allegiance. ADOPTION OF AGENDA — APPROVED Interim County Administrator Kris Tierney requested to move Tab L, the Pump and Haul request, ahead of Tab K, the School Board request. Upon a motion made by Supervisor Slaughter, seconded by Supervisor Dunn, the Board approved the agenda as amended by the following recorded vote: Charles S, DeHaven, Jr. Aye Blaine P. Dunn Aye Bill M. Ewing Aye Gene E. Fisher Aye Gary A. Lofton Aye Judith McCann -Slaughter Aye Robert W. Wells Aye CONSENT AGENDA - APPROVED Upon a motion made by Supervisor Slaughter, seconded by Supervisor Lofton, the Board approved the following items under the consent agenda: - Minutes — Closed Session and Regular Meeting of May 24, 2017, Closed Session and Regular Meeting of June 14, 2017 and Special Meeting of June 21, 2017 - Tab A; - Northwestern Community Services' Fiscal Year 2018 Performance Contract -Tab D; - Parks and Recreation Commission Report - Tab E; Minute Book Number 43 Board of Supervisors Closed Session and Regular Meeting of 08/09/17 County of Frederick, Virginia 03E - Request to Schedule Public Hearing for the Abandonment of Gold Orchard Road (Route 708) - Tab M. The above motion was approved by the following recorded vote: Charles S. DeHaven, Jr. Aye Blaine P. Dunn Aye Bill M. Ewing Aye Gene E. Fisher Aye Gary A. Lofton Aye Judith McCann -Slaughter Aye Robert W. Wells Aye CITIZEN COMMENTS George Hughes, Gainesboro District, addressed the Board and stated he felt the budgetary process was shameful. He stated that with reference to the 121 elementary school, people did not know what the plans and thoughts were. He further stated he felt there should be term limits on officials at the local level. BOARD OF SUPERVISORS COMMENTS There were no Board of Supervisors' comments. MINUTES — APPROVED UNDER CONSENT AGENDA The minutes of the Closed Session and Regular Meeting of May 24, 2017, Closed Session and Regular Meeting of June 14, 2017 and Special Meeting of June 21, 2017 were approved under the consent agenda. COUNTY OFFICIALS COMMITTEE APPOINTMENTS There were no committee appointments. REQUEST FROM THE COMMISSIONER OF THE REVENUE FOR REFUNDS - APPROVED Interim County Administrator Tierney reviewed the following requests from the Commissioner of the Revenue to authorize the Treasurer to refund: 1. Caliber Collision Centers in the amount of $14,925.53 for business license fees for 2016 and 2017. This refund resulted from adjustment of estimated revenue to actual revenue for the taxpayer. Upon a motion made by Supervisor Ewing, seconded by Supervisor Slaughter, the above refund request and supplemental appropriation were approved by the following recorded vote: Charles S. DeHaven, Jr. Aye Blaine P. Dunn Aye Bill M. Ewing Aye Minute Book Number 43 Board of Supervisors Closed Session and Regular Meeting of 08/09/17 County of Frederick, Virginia 037 Gene E. Fisher Aye Gary A. Lofton Aye Judith McCann -Slaughter Aye Robert W. Wells Aye 2. Valley Proteins, Inc. in the amount of $16,961.09 for adjustment of personal property taxes for 2016 and 2017 and vehicle license fee for 2017. This refund resulted from adjustments for vehicles removed from Frederick County and taxed in other states. Normal procedure by this company is to register vehicles in Frederick County then determine those to be moved to other plant locations. Upon a motion made by Supervisor Lofton, seconded by Supervisor Ewing, the above refund request and supplemental appropriation were approved by the following recorded vote: Charles S. ➢eHaven, Jr. Aye Blaine P. Dunn Aye Bill M. Ewing Aye Gene E. Fisher Aye Gary A. Lofton Aye Judith McCann -Slaughter Aye Robert W. Wells Aye 3, Ally Financial/Vault in the amount of $3,267.30 for adjustment of personal property taxes from 2015 to 2017 and vehicle license fees for 2016 and 2017. This refund resulted from normal proration of vehicle taxes where vehicles owned by this company were sold or moved from this locality. Different divisions of this large automobile financing company are involved with registration and taxation of the vehicles. Upon a motion made by Supervisor Slaughter, seconded by Supervisor Ewing, the above refund request and supplemental appropriation were approved by the following recorded vote: Charles S. DeHaven, Jr. Aye Blaine P. Dunn Aye Bill M. Ewing Aye Gene E. Fisher Aye Gary A. Lofton Aye Judith McCann -Slaughter Aye Robert W. Wells Aye NORTHWESTERN COMMUNITY SERVICES' FISCAL YEAR 2018 PERFORMANCE CONTRACT — APPROVED UNDER CONSENT AGENDA COMMITTEE REPORTS PARKS AND RECREATION COMMISSION REPORT — APPROVED UNDER CONSENT AGENDA The Parks and Recreation Commission met on July 11, 2017. Members present were: Randy Carter, Christopher Fordney, Natalie Gerometta, Gary Longerbeam, Ronald Madagan, Guss Morrison, Charles Sandy, Jr., and Robert Wells (Board of Supervisors' Non -Voting Liaison). Members absent: Amy Strosnider. Items Requiring Board of Supervisors Action: None Minute Book Number 43 Board of Supervisors Closed Session and Regular Meeting of 08/09/17 County of Frederick, Virginia 03, Submitted for Board Information Only: 1. Closed Session - Mr. Sandy moved to convene into closed session. Under Virginia Code 2.2-3711A(3) for discussion or consideration of the acquisition and/or disposition of real property for a public purpose where discussion in an open meeting would adversely affect the bargaining position or negotiating strategy of the public body, second by Mr. Madagan, motion carried unanimously (7-0). Mr. Morrison moved to exit Closed Session, second by Ms. Gerometta, carried unanimously (7-0). All Commission members were polled re: any discussion besides matter for Closed Session, all said no. 2. Economic Disadvantage Policy - Mr. Sandy moved to adopt the Economic Disadvantage Policy (500.08), second by Mr. Madagan, motion carried unanimously (7-0). 3. Play Fund - Mr. Madagan moved to request a supplemental appropriation in the amount of $829.75 from the Finance Committee to be included in FY17 and be disbursed to revenue codes where financial assistance was used, second by Ms. Gerometta, carried unanimously (7-0). This recommendation will be forwarded to the Finance Committee prior to requiring Board of Supervisor action. 4. Buildings and Grounds Committee - Proffer Request for Abrams Creek Design - The Buildings and Grounds Committee recommended $65,000 in proffer funds be used for design and engineering work for Phase I of the Abrams Creek Greenway Trail contingent on having satisfactory easement from the Phase I property owners. This recommendation will be forwarded to the Finance Committee prior to requiring Board of Supervisor action. 5. Youth Sports Partner/Appeals/Public Relations Committee -Youth Sports Partner Fall 2017 Agreements - 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 Mr. Madagan, carried unanimously (7-0). FINANCE COMMITTEE REPORT - APPROVED Supervisor Slaughter presented the Finance Committee report. A Finance Committee meeting was held in the First Floor Conference Room at 107 North Kent Street on Wednesday, July 19, 2017, at 8:00 a.m. Member Jeffrey Boppe was absent. Items 1-12, 16-18, and 20 were approved under consent agenda. Upon motion made by Supervisor Slaughter, seconded by Supervisor Lofton, Items 1-12, 16-18 and 20 were approved under the consent agenda by the following recorded vote: Charles S. DeHaven, Jr. Aye Blaine P. Dunn Aye Bill M. Ewing Aye Gene E. Fisher Aye Gary A, Lofton Aye Judith McCann -Slaughter Aye Robert W. Wells Aye 1. The Sheriff requests an FY18 General Fund supplemental appropriation in the amount of $20,129.58. This amount represents a carry forward of unspent FY17 funds for vehicle equipment. - Approved Under Consent Agenda. 2. The Sheriff requests an FY18 General Fund supplemental appropriation in the amount of $128,440. This amount represents a carry forward of unspent FY17 funds for body cameras. - Approved Under Consent Agenda, Minute Book Number 43 Board of Supervisors Closed Session and Regular Meeting of 08/09/17 County of Frederick, Virginia 039 3. The Sheriff requests an FY18 General Fund supplemental appropriation in the amount of $29,620. This amount represents a carry forward of unspent FY17 funds for e- Surnmons equipment. - Approved Under Consent Agenda. 4. The Sheriff requests an FY18 General Fund supplemental appropriation in the amount of $12,699.25. This amount represents a carry forward of unspent FY17 funds for the 21 Century Policing Grant. - Approved Under Consent Agenda. 5. The Sheriff requests an FY18 General Fund supplemental appropriation in the amount of $100, which represents a donation to the Honor Guard. No local funds required. - Approved Under Consent Agenda. 6. The Sheriff requests an FY18 General Fund supplemental appropriation in the amount of $15,741.93 for an auto claim reimbursements. No local funds required. - Approved Under Consent Agenda. 7. The Public Works Director requests an FY18 Landfill Fund supplemental appropriation in the amount of $120,000, This amount represents a carry forward of unspent FY17 funds for trash compactor GPS system. - Approved Under Consent Agenda. S. The Public Works Director requests an FY18 Landfill Fund supplemental appropriation in the amount of $10,000. This amount represents a carry forward of unspent FY17 funds for generator monitoring equipment. - Approved Under Consent Agenda, 9. The Public Works Director requests an FY18 Landfill Fund supplemental appropriation in the amount of $100,000, This amount represents a carry forward of unspent FY17 funds for surveillance equipment, - Approved Under Consent Agenda. 10. The Public Works Director requests an FY18 General Fund supplemental appropriation in the amount of $9,000. This amount represents a carry forward of unspent FY17 funds for design of the Stephenson Convenience Center. - Approved Under Consent Agenda. II.The Public Works Director requests an FY18 General Fund supplemental appropriation in the amount of $61,600. This amount represents a carry forward of unspent FY17 funds for site improvements at the Middletown and Greenwood Convenience Sites. - Approved Under Consent Agenda. 12. The Public Works Director requests an FY18 Capital Projects fund supplemental appropriation in the amount of $110,374. This amount represents unspent FY17 funds for Round Hill Fire Station. - Approved Under Consent Agenda. 13. The Interim County Administrator requests an FY18 General Fund supplemental appropriation in the amount of $1,144,787.50. This amount represents unspent FY17 capital contingency funds. The committee recommends approval. - Approved Upon a motion made by Supervisor Slaughter, seconded by Vice Chairman Fisher, the above request was approved by the following recorded vote: Charles S. DeHaven, Jr. Aye Blaine P. Dunn Aye Bill M. Ewing Aye Gene E. Fisher Aye Gary A. Lofton Aye Judith McCann -Slaughter Aye Robert W. Wells Aye 14. The Planning Director requests an FY18 General Fund supplemental appropriation in the amount of $8,175.94. This amount represents duplicated proffer payments to be refunded to the developer. The committee recommends approval. - Approved Minute Book Number 43 Board of Supervisors Closed Session and Regular Meeting of 08/09/17 County of Frederick, Virginia W41 Upon a motion made by Supervisor Slaughter, seconded by Supervisor Ewing, the above request was approved by the following recorded vote: Charles S. DeHaven, Jr. Aye Blaine P. Dunn Aye Bill M. Ewing Aye Gene E. Fisher Aye Gary A. Lofton Aye Judith McCann -Slaughter Aye Robert W. Wells Aye 15. The Parks and Recreation Director requests an FYI General Fund supplemental appropriation in the amount of $65,000, This amount represents proffer funds for the design and engineering of the Abrams Creek Trail Phase I. The request has been approved by the Parks and Recreation Commission. The committee recommends approval contingent upon satisfactory easement assurances from all property owners. - Approved Upon a motion made by Supervisor Slaughter, seconded by Supervisor Dunn, the above request was approved by the following recorded vote: Charles S. DeHaven, Jr. Aye Blaine P. Dunn Aye Bill M. Ewing Aye Gene E. Fisher Aye Gary A. Lofton Aye Judith McCann -Slaughter Aye Robert W. Wells Aye 16, The Parks and Recreation Director requests an FYI General Fund supplemental appropriation in the amount of $88,700, This amount represents a carry forward of unspent FY17 funds for the Northwest Sherando Park Design and the completion of Abrams Creek survey work and easement acquisition. - Approved Under Consent Agenda. 17. The Parks and Recreation Director requests an FY18 General Fund supplemental appropriation in the amount of $612,300, This amount represents a carry forward of unspent FY17 funds for the construction of Northwest Sherando Park. - Approved Under Consent Agenda. 18. The Parks and Recreation Director requests an FYI General Fund supplemental appropriation in the amount of $7,278. This amount represents a carry forward of unspent FY17 funds for the completion of the Rose Hill Park playground. - Approved Under Consent Agenda. 19. The Parks and Recreation Director requests the donations received in FY17 for the PLAY Fund in the amount of $3,433.44 be reserved, subject to future appropriations. The balance will be reduced by the financial assistance provided during FY17 in the amount of $829.75. No local funds required. The committee recommends approval. - Approved Upon a motion made by Supervisor Slaughter, seconded by Supervisor Wells, the above request was approved by the following recorded vote: Charles S. DeHaven, Jr. Aye Blaine P. Dunn Aye Bill M. Ewing Aye Gene E. Fisher Aye Gary A. Lofton Aye Judith McCann -Slaughter Aye Robert W. Wells Aye Minute Book Number 43 Board of Supervisors Closed Session and Regular Meeting of 08/09/17 County of Frederick, Virginia M 20. The Fire and Rescue Chief requests an FY18 General Fund supplemental appropriation in the amount of $29,234. This amount represents a carry forward of unspent FY17 funds related to the Fire and Rescue Study being conducted by Fitch & Associates. - Approved Under Consent Agenda. Supervisor Slaughter stated that items 21 and 22 would be further discussed at the next Finance Committee meeting. 21. VACoRP and VFIS will present information on the workman's compensation and accident/injury coverage for volunteer fire and rescue personnel. This item has been forwarded by the Public Safety Committee. The committee recommends continued discussion at the next Finance Committee meeting. 22. The County Attorney and the Commissioner of the Revenue provide a proposed ordinance amendment regarding real property tax relief for senior citizens and disabled persons. The committee recommends continued discussion at the next Finance Committee meeting. Information Only 1. The Finance Director provides a Fund 10 Transfer Report for June 2017. 2. Fund Balance information will be provided after the County closes FYI 7, PUBLIC HEARING PUBLIC HEARING - OUTDOOR FESTIVAL PERMIT REQUEST OF GROVE'S WINCHESTER HARLEY-DAVIDSON — GROVE'S SUMMER PARTY. PURSUANT TO THE FREDERICK COUNTY CODE, CHAPTER 86, FESTIVALS; SECTION 86-3, PERMIT REQUIRED; APPLICATION; ISSUANCE OR DENIAL; FEE, FOR AN OUTDOOR FESTIVAL PERMIT. FESTIVAL TO BE HELD ON SATURDAY, AUGUST 12, 2017, FROM 11:00 A.M. TO 3:00 P.M.; ON THE GROUNDS OF GROVE'S WINCHESTER HARLEY-DAVIDSON, 140 INDEPENDENCE DRIVE, WINCHESTER, VIRGINIA. PROPERTY OWNED BY JOBALIE, LLC. - APPROVED Interim County Administrator Kris Tierney presented this request and stated the applicant had held the festival in the past. The applicant was present on behalf of their request. There were no questions of the applicant. Chairman DeHaven convened the public hearing. There were no public comments. Chairman DeHaven closed the public hearing. Upon a motion made by Vice Chairman Fisher, seconded by Supervisor Slaughter, the Board approved the outdoor festival permit request of Grove's Winchester Harley-Davidson — Grove's Summer Party. The above motion was approved by the following recorded vote: Charles S. DeHaven, Jr. Aye Blaine P. Dunn Aye Minute Book Number 43 Board of Supervisors Closed Session and Regular Meeting of OSIO9117 County of Frederick, Virginia 0 Bill M. Ewing Aye Gene E. Fisher Aye Gary A. Lofton Aye Judith McCann -Slaughter Aye Robert W. Wells Aye PUBLIC HEARING - OUTDOOR FESTIVAL PERMIT REQUEST OF ZACHARY THAYER — VALLEY FUSION FESTIVAL 2. PURSUANT TO THE FREDERICK COUNTY CODE, CHAPTER 86, FESTIVALS: SECTION 86-3, PERMIT REQUIRED; APPLICATION• ISSUANCE OR DENIAL• FEE FOR AN OUTDOOR FESTIVAL PERMIT. FESTIVAL TO BE HELD ON SATURDAY- SUNDAY, SEPTEMBER 16 AND 17, 2017, FROM 10:00 A.M. - 12:00 MH)NIGHT ON SEPTEMBER _16. 2017 AND 10:00 A.M. — 12:00 NOON ON SEPTEMBER 17 2017, ON THE GROUNDS OF 740. 750 AND 760 MERRIMANS LANE WINCHESTER, VIRGINIA. PROPERTY OWNED BY 740 LLC 750 LLC AND WILLOW GROVE V LLC. - APPROVED Interim County Administrator Kris Tierney presented this request and stated this was the second year for this festival. Mr. Zachary Thayer and Mr. Artyom Wunder were present on behalf of this request. Mr, Thayer stated it was a one day and one night event and that there would be overnight camping. Supervisor Dunn asked if he had received any complaints in the past. Mr. Thayer replied no. Chairman DeHaven convened the public hearing. There were no public comments. Chairman DeHaven closed the public hearing. Upon a motion made by Supervisor Dunn, seconded by Supervisor Slaughter, the Board approved the outdoor festival permit request of Zachary Thayer — Valley Fusion Festival 2. The above motion was approved by the following recorded vote: Charles S. DeHaven, Jr. Aye Blaine P. Dunn Aye Bill M. Ewing Aye Gene E. Fisher Aye Gary A. Lofton Aye Judith McCann -Slaughter Aye Robert W. Wells Aye PUBLIC HEARING - OUTDOOR FESTIVAL PERMIT REQUEST OF ROTARY CLUB OF WINCHESTER - SHENANDOAH VALLEY APPLE HARVEST FESTIVAL. PURSUANT TO THE FREDERICK COUNTY CODE CHAPTER QL T.' 0C TT71T t-___ _. FESTIVAL TO BE HELD ON SATURDAY AND SUNDAY SEPTEMBER 16 AND 17 2017 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 Interim County Administrator Kris Tierney presented this request and stated it was the Minute Book Number 43 Board of Supervisors Closed Session and Regular Meeting of 08/09/17 County of Frederick, Virginia 043 42❑d annual event and had been held at the Frederick County Fairgrounds in the past several years. The applicant was present on behalf of their request. There were no questions of the applicant. Chairman DeHaven convened the public hearing. There were no public comments. Chairman DeHaven closed the public hearing. Upon a motion made by Supervisor Slaughter, seconded by Supervisor Ewing, the Board approved the outdoor festival permit request of the Rotary Club — Shenandoah Valley Apple Harvest Festival. The above motion was approved by the following recorded vote: Charles S. DeHaven, Jr. Aye Blaine P. Dunn Aye Bill M, Ewing Aye Gene E. Fisher Aye Gary A. Lofton Aye Judith McCann -Slaughter Aye Robert W. Wells Aye PUBLIC HEARING - OUTDOOR FESTIVAL PERMIT REQUEST OF CONCERN HOTLINE — FRIDAY FISH FRY CELEBRATION. PURSUANT TO THE FREDERICK COUNTY CODE, CHAPTER 86, FESTIVALS; SECTION 86- 3 PERMIT REQUIRED; APPLICATION• ISSUANCE OR DENIAL• FEE FOR AN OUTDOOR FESTIVAL PERMIT. FESTIVAL TO BE HELD ON FRIDAY, SEPTEMBER 1, 2017, FROM 4:00 P.M. TO 9:00 P.M.; ON THE GROUNDS OF GROVE'S WINCHESTER HARLEY-DAVIDSON 140 INDEPENDENCE DRIVE WINCHESTER, VIRGINIA. PROPERTY OWNED BY JOBALIE, LLC. - APPROVED Interim County Administrator Kris Tierney presented this request and stated this was an annual event that had been held a number of years. The applicant was present on behalf of their request. There were no questions of the applicant. Chairman DeHaven convened the public hearing. There were no public comments. Chairman DeHaven closed the public hearing. Upon a motion made by Vice Chairman Fisher, seconded by Supervisor Slaughter, 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: Minute Book Number 43 Board of Supervisors Closed Session and Regular Meeting of 08/09/17 County of Frederick, Virginia 044 Charles S. DeHaven, Jr. Aye Blaine P. Dunn Aye Bill M. Ewing Aye Gene E. Fisher Aye Gary A. Lofton Aye Judith McCann -Slaughter Aye Robert W. Wells Aye Vice Chairman Fisher stated that events held at Grove's Winchester Harley-Davidson were always conducted well. PLANNING COMMISSION BUISINESS REQUEST FOR A COMMERCIAL PUMP AND HAUL PERMIT — 3149 FRONT . ROYAL PIKE, WINCHESTER, VIRGINIA. - DENIED Zoning Administrator Mark Cheran addressed the Board and presented this request. He stated this request was for the approval of a commercial Pump and Haul permit for an existing nonconforming commercial structure located at 3149 Front Royal Pike in the Shawnee Magisterial District. He stated this structure was previously utilized for a convenience store which has been closed since 2011 and the applicant wanted to reopen the store. He stated there was a structure behind the store on a drainfield but the drainfield was not for the store. He stated the property owner was not able to obtain an easement from the neighboring properties. He further stated this request was the first step to reopen the convenience store and if the pump and haul permit was approved the applicant would next be able to apply for a conditional use permit seeking to reestablish the nonconforming use. He went on to say that the subject property was outside the limits of the Sewer and Water Service Area (SWSA). He stated the Frederick County Code, § 161-201.05A, stated that the Frederick County Board of Supervisors, after receiving a written statement from the Health Department, may approve a permanent pump and haul system permit if specific criteria are satisfied. He concluded by stating this request appeared to comply with the code requirements and therefore Board consideration of the request was appropriate. He stated the applicant was present should there be any questions. Supervisor Slaughter asked about the Health Department information, that the existing well and e-coli test had been performed and satisfied. Mr. Cheran replied yes. Vice Chairman Fisher asked if the location of the pump and haul had been determined. He asked if it ran over where it would go. He stated it would go down Route 522. Mr. Cheran stated that would have to be addressed. Minute Book Number 43 Board of Supervisors Closed Session and Regular Meeting of 08/09/17 County of Frederick, Virginia Planning Director Mike Ruddy stated the Health Department regulates the design and the applicant would need to go through the conditional use permit process to reopen the store. Vice Chairman Fisher stated he had issues with pump and hauls and he would not make a motion to approve. Supervisor Dunn asked what the issues were. Chairman DeHaven stated that a pump and haul was the only option. Vice Chairman Fisher made a motion to deny this request. Supervisor Dunn seconded the motion to deny. He asked if in the future, if the decision could be reversed. Chairman DeHaven stated the applicant would have to go through the process again. Supervisor Lofton stated if the Board was going to deny the request, he felt they should tell the applicant what the issues were. Vice Chairman Fisher stated he felt a pump and haul was not the correct method and that pump and hauls were not foolproof. Supervisor Lofton stated that the establishment and the community had been there for at least fifty years and he would like to see the applicant revive that and he felt the Board needed to tell the applicant what the issues were. The above motion to deny the request for a pump and haul permit at 3149 Front Royal Pike, Winchester was approved by the following recorded vote: Charles S. DeHaven, Jr. Aye Blaine P. Dunn Aye Bill M. Ewing Aye Gene E. Fisher Aye Gary A. Lofton Nay Judith McCann -Slaughter Aye Robert W. Wells Nay PUBLIC HEARING PUBLIC HEARING - AMENDMENT TO THE 2017-2018 FISCAL YEAR BUDGET — PURSUANT TO SECTION 15.2-2507 OF THE CODE OF VIRGINIA 1950, AS AMENDED, THE BOARD OF SUPERVISORS WILL HOLD A PUBLIC HEARING TO AMEND THE FISCAL YEAR 2017-2018 BUDGET TO REFLECT: SCHOOL CONSTRUCTION FUND SUPPLEMENTAL APPROPRIATION IN THE AMOUNT OF $28,500,000 FOR THE CONSTRUCTION OF THE 12TH ELEMENTARY SCHOOL AT SNOWDEN BRIDGE. — RESOLUTION #010-1 )- APPROVED AS AMENDED Interim County Administrator Kris Tierney presented this request and stated it was for the construction of the 121h elementary school and the amount would be in addition to the $1.5 Minute Book Number 43 Board of Supervisors Closed Session and Regular Meeting of 08/09/17 County of Frederick, Virginia 046 million that had already been approved for the design and that a public hearing was required. Members of the School Board and administration were present on behalf of their request. Chairman DeHaven convened the public hearing. Mary Anne Johnson, Stonewall District, addressed the Board and stated residents of the Snowden Bridge development wanted and needed this school. She stated it was unacceptable to have mobile buildings. She further stated the economic growth in the area will impact the community. She stated she had a petition with 125 signatures of residents that wanted what the School Board requested. Eric Peterson, Stonewall District, addressed the Board and stated this was about the children. He stated Stonewall Elementary School had 619 students and that modular units were not acceptable. He stated to delay the project would cost more and would prolong the inevitable. He stated with the economic growth, the Board needed to be proactive and not reactive. He stated the extra $1.5 million is not too much more for the children. John Mark Jones, Opequon District, addressed the Board with reference to the overcrowding at Aylor School. He stated renovations have been needed for two decades and they were still waiting. He felt renovations to Aylor needed to be made before any other project. Dr. John Lamanna, Frederick County School Board Chairman and resident of Stonewall District, addressed the Board and stated the School Board submitted a request in December, 2016 for $30.9 million for the elementary school at Snowden Bridge. He stated the Board of Supervisors stated they would consider an amount up to $27 million. He further stated the School Board had worked hard to reduce the cost. He stated that with the student growth occurring the cost to delay would be significant; it would be 5% or greater and greater on the debt. He went on to say that the $1.5 million increase was minimal. He stated that if the difference was the issue, the School Board would have to reconsider this project. Joy Kirk, President of the Frederick County Education Association and resident of Back Creek District, addressed the Board and stated that teaching in overcrowded schools was not conducive to learning. She stated classes were being held in many areas other than classrooms. She stated there was economic growth which was positive growth but would mean new students. She stated the Board needed to be proactive and requested that they invest in the 12'h elementary school. Rebecca Morrison, Gainesboro District, addressed the Board on behalf of her husband Minute Book Number 43 Board of Supervisors Closed Session and Regular Meeting of 08/09/17 County or Frederick, Virginia 047 Alan Morrison, who could not attend, and read from a statement. She stated the Board of Supervisors previously agreed to $27 million but that was still too much. She stated the plan for Snowden Bridge was exorbitant and they needed to cut gadgets and open spaces and focus on education and discipline. She asked the Board to deny this request. Ned Fairinholt, Stonewall District, addressed the Board and stated he had been following the school budget for the last year and he was appalled by the School Board's request. He stated they are out of control. He asked the Board to say no to this request. Corrine Nagib, Stonewall District, addressed the Board and stated she was in support of the School Board's request. She stated to delay the project would increase the cost. She stated her child would be going to private school due to the modular units. She further stated that overcrowding creates aggression and problems and that open spaces were conducive to learning. She stated the school design is new and different and research indicated that design has a profound effect on teachers and students learning. Dr. David Sovine, Frederick County School Superintendent and resident of Shawnee District, addressed the Board and thanked them for their support and continued dialogue. He stated the School Board worked to make reductions in size to get to this request. He noted Frederick County Schools rank 251 out of 130 divisions. Dana Newcomb, Gainesboro District, addressed the Board and stated the Board had a duty to spend wisely. He requested the School Board and administration to provide documents with Capital Fund requests. He did not understand how the Board could amend the budget with no documentation because with no documentation, no one could be held accountable. George Hughes, Gainesboro District, addressed the Board and stated the School Board never justified anything. He stated with the economic growth, it would not be known where people would be living; they could be living in West Virginia. He stated he thought things were a done deal when the Board approved the budget. Lauren ?, Stonewall District, addressed the Board and stated that with the Snowden Bridge neighborhood growing the school was wanted and needed and asked the Board to approve the request. Jennifer Meyers, Stonewall District, addressed the Board and stated she was in support of the School Board's CIP request. She stated when this had been brought before the Board of Supervisors in the past the majority of the citizens that spoke were in favor and that a petition in Minute Book Number 43 Board of Supervisors Closed Session and Regular Meeting of08/09/17 County of Frederick, Virginia NM favor of it had been submitted. She stated with the overcrowding and growth the school was needed. She went on to say that it was 2017 and progress was needed. The schools needed to be brought into the 2 1 " century. Allison Behan, Stonewall District, addressed the Board and stated that, based on research, schools needed to be designed and built to address current standards and to provide access to a good learning environment for all students. She stated growth was inevitable and the school was needed. Brandi Hammond, Shawnee District, addressed the Board and stated she cared about all students and supported quality public education for all students. She stated the school is needed and requested approval of the School Board's request. She stated that with reference to design elements of the school, in addition to the design recommendations from the Virginia Department of Education, school buildings must also follow the International Building Code. She further stated that due to modern technology they were seeing a shift in school design. She went on to say that trailers were meant to be temporary structures and this was not how school planning should be done. She stated the county needed to grow schools with the development and they needed to look at long term cost savings even if it meant a higher cost up front. Cheryl Hanson, Stonewall District, stated she did not have children in the school system so she did not have a personal interest but had an interest as a citizen. She stated she felt the school was needed, the county needed to plan for the future and everyone knew that costs do not go down. She stated to build the school now made sense to the citizens, Brittany Cummings, Stonewall District, addressed the Board and'stated that it was a different time from when and how members of the Board learned. She stated times had changed and they needed to change schools as well, She stated she was a teacher teaching children for the 2 Pt century and asked the Board to please fully fund the 12tk elementary school. There were no further comments. Chairman DeHaven closed the public hearing. A motion was made by Supervisor Wells, seconded by Supervisor Slaughter, to amend the budget to reflect the $28.5 million for the 12a' elementary school with the restrictions attached to the motion from April, 2017. Supervisor Dunn stated that in the future should there be another project like this; he would like to see the Board of Supervisors and School Board all get together at the same time to Minute Book Number 43 Board of Supervisors Closed Session and Regular Meeting of OS(09117 County of Frederick, Virginia 049 discuss and go over any questions. He gave school construction cost comparisons from neighboring localities that were lower and stated the localities had been cost conscious while trying to meet the need. He further stated he had a problem with the $1.5 million extra as it would hurt the taxpayers. He encouraged the School Board to do what they could to reduce the cost of the school. Vice Chairman Fisher stated he could not support the $28.5 million. He stated they should not be in business of award winning architectural designs and it was not the responsibility of the Board of Supervisors to micro -manage projects. He stated he felt the $27 million was sufficient. Supervisor Lofton stated there had been many discussions and meetings. He stated they struggled with the commitment to build the school and the School Board could not meet this amount. He stated the Department of Education was playing a chess game and there would be no winner but them. He stated the School Board should meet the $27 million and not try to keep up with the Department of Education because they would never be able to meet the current standards. Supervisor Ewing stated he agreed with Vice Chairman Fisher and Supervisor Lofton. He stated he felt the proposed school was overpriced and could not support the motion. The above motion was denied by the following recorded vote: Charles S. DeHaven, Jr. Aye Blaine P. Dunn Nay Bill M. Ewing Nay Gene E. Fisher Nay Gary A. Lofton Nay Judith McCann -Slaughter Aye Robert W. Wells Aye Upon a motion made by Vice Chairman Fisher, seconded by Supervisor Lofton, a budget amendment to reflect $27 million with the four restrictions attached to the original motion from 2016 was approved. Supervisor Dunn stated that if passed he would like to see the Board of Supervisors work with the Treasurer's office to consider a down payment so as to not increase debt. He stated he would like to see the School Board seek bonds that do not have pre -payment penalty RESOLUTION FISCAL YEAR 2017-2018 BUDGET AMENDMENT 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 Minute Book Number 43 Board of Supervisors Closed Session and Regular Meeting of 08/09/17 County of Frederick, Virginia m on August 9, 2017, took the following action: NOW, THEREFORE, BE IT RESOLVED, by the Board of Supervisors that the FY 2017-2018 Budget be amended to Reflect: School Construction Fund Supplemental Appropriation in the Amount of $27,000,000 for the Construction of the 12a' Elementary School at Snowden Bridge. The budget amendment is approved to include the four restrictions that were approved by the Board of Supervisors at their April 12, 20017 meeting as follows: 1. It will be a complete facility, including all state standard elementary school programs. 2. There will be no unresolved VDOT comments or issues. 3. The Board of Supervisors will not be asked to appropriate any additional capital funding for this facility for a minimum of fifteen years. 4. If capacity is reduced, all support areas will be designed and constructed to support the original capacity. The above motion was approved by the following recorded vote: Charles S. DeHaven, Jr. Nay Blaine P. Dunn Aye Bill M. Ewing Nay Gene E. Fisher Aye Gary A. Lofton Aye Judith McCann -Slaughter Aye Robert W. Wells Aye Chairman DeHaven stated the Board did not create the conditions they operate under. He stated the Board only approved the money and they could not tell the School Board how to spend it. REQUEST TO SCHEDULE PUBLIC HEARING FOR THE ABANDONMENT OF GOLD ORCHARD ROAD (ROUTE 708) — (RESOLUTION #000-17) — APPROVED UNDER CONSENT AGENDA. RESOLUTION BY THE FREDERICK COUNTY BOARD OF SUPERVISORS The Board of Supervisors of Frederick County, in regular meeting on the 9th day of August, 2017, adopted the following: WHEREAS, it appears to this Board that Secondary Route 708 (Gold Orchard Road) from approximately .02 miles north of Carpers Pike (Route 259) until the end of state maintenance (map attached), serves no public necessity and is no longer necessary as part of the Secondary System of State Highways. NOW, THEREFORE, BE IT RESOLVED, The Clerk of the Board is directed to post and publish notice of the Board's intent to abandon the aforesaid section of Route 708, pursuant to §33.2-909 of the Code of Virginia of 1950, as amended. BE IT FURTHER RESOLVED that a certified copy of this resolution be forwarded to the Commissioner of the Virginia Department of Transportation. BOARD LIAISON REPORTS Minute Book Number 43 Board of Supervisors Closed Session and Regular Meeting of 08/09/17 County of Frederick, Virginia 051 There were no Board Liaison Reports. CITIZEN COMMENTS There were no citizen comments. BOARD OF SUPERVISORS COMMENTS Supervisors Wells stated he had attended the Frederick County Public Schools' convocation and two ribbon cutting ceremonies for two businesses and that it was good to see everyone working together and that it had been a good day. Supervisor Slaughter echoed Supervisor Wells' comments. She stated the convocation and two businesses would be a good impact on the community. She stated she recently attended the National Night Out event at Snowden Bridge and that it was nice to see families and public groups out together and that she appreciated the invitation to attend. Supervisor Lofton stated he attended the recent Social Services Board meeting and that due to State Code changes; the department would be revising their approach to address the opioid epidemic and how they respond to drug exposed infants. Supervisor Dunn, with reference to the School Board request that was approved, he encouraged the School Board to get the contractor to be hard-nosed in order to keep costs down. He stated he appreciated the teachers and what they were trying to do and to please work together. Chairman DeHaven thanked everyone for coming out to share their comments and participate. ADJOURN UPON MOTION MADE BY VICE CHAIRMAN FISHER, SECONDED BY SUPERVISOR LOFTON, THERE BEING NO FURTHER BUSINESS TO COME BEFORE THIS BOARD, THE MEETING WAS ADJOURNED. (8:41 P.M.) Charles S. DeHaven, Jr. Kr C. T er y Chairman, Board of Supervisors Clerk, Boa upervisors Minutes Prepared By: Y w (,, , Teresa J. Pri Administrative Assistant County Administrator's Office Minute Book Number 43 Board of Supervisors Closed Session and Regular Meeting of 0&/04/17 County of Frederick, Virginia