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June 27 2018 Called Meeting and Closed Session Minutes421 MINUTES CALLED MEETING AND CLOSED SESSION FREDERICK COUNTY BOARD OF SUPERVISORS WEDNESDAY, JUNE 27, 2018 5.30 P.M. BOARD ROOM, COUNTY ADMINISTRATION BUILDING 107 NORTH KENT STREET, WINCHESTER, VIRGINIA ATTENDEES Board of Supervisors: Charles S. DeHaven, Jr., Chairman; Gary A. Lofton, Vice Chairman; Blaine P. Dunn; J. Douglas McCarthy; Judith McCann -Slaughter; Shannon G. Trout and Robert W. Wells were present. Staff present: Kris C. Tierney, County Administrator; Jay E. Tibbs, Deputy County Administrator; Roderick B. Williams, County Attorney; Karen Vacchio, Public Information Officer; and Ann W. Phillips, Deputy Clerk to the Board of Supervisors. Other: Dr. John Lamanna, Frederick County School Board Chairman; Kevin Kenney, Frederick County Public Schools Clerk of the Works. CALL TO ORDER Chairman DeHaven called the meeting to order at 5:30 p.m. INVOCATION Supervisor Wells delivered the invocation. PLEDGE OF ALLEGIANCE Vice Chairman Lofton led the Pledge of Allegiance. ADOPTION OF AGENDA - APPROVED Upon motion of Supervisor Wells, seconded by Vice Chairman Lofton, the amended agenda was adopted on a voice vote. ADOPTION OF CONSENT AGENDA — APPROVED Upon motion of Supervisor Slaughter, seconded by Supervisor Dunn, the consent agenda was adopted on a voice vote. -Minutes: Regular Meeting of June 13, 2018 -CONSENT AGENDA APPROVAL -Accentance of Abstract of Votes: June 12, 2018 Primary Election - CONSENT AGENDA APPROVAL (Appendix 1) + + + + + + .... + + CITIZEN COMMENTS - None Minute Book Number 43 Board of Supervisors Called Meeting and Closed Session of I1G/27/18 County of Frederick, Virginia 422 BOARD OF SUPERVISORS COMMENTS — None COUNTY OFFICIALS: RESOLUTION DECLARING A LOCAL EMERGENCY IN FREDERICK COUNTY VIRGINIA - APPROVED Mr. Tierney explained his declaration of a local emergency which would enable the County to be reimbursed for expenses relating to the recent flooding events. He requested the Board ratify his declaration. Supervisor Slaughter moved for approval of the resolution declaring a local emergency. Supervisor McCarthy seconded the motion which carried on a roll call vote as follows: Blaine P. Dunn Aye Gary A. Lofton Aye J. Douglas McCarthy Aye Judith McCann -Slaughter Aye Shannon G.Trout Aye Robert W. Wells Aye Charles S. DeHaven, Jr. Aye RESOLUTION DECLARING A LOCAL EMERGENCY IN FREDERICK COUNTY, VIRGINIA WHEREAS, the Board of Supervisors of the County of Frederick does hereby find that: 1. Due to severe weather that was forecasted for Frederick County and directly related to heavy and prolonged rainfall that impacted Frederick County from May 14, 2018 through June 6, 2018; 2. Due to the flooding associated with the severe weather and the result of impaired travel and access; 3. Due to severe prolonged rainfall and flooding, systems failure occurred in the county creating hazardous and perhaps life -threatening conditions; 4. Associated flooding and near record rainfall has impacted local agriculture; NOW, THEREFORE, IT IS HEREBY PROCLAIMED by the Board of Supervisors of the county of Frederick, Virginia that an emergency exists throughout the county, and IT IS FURTHER PROCLAIMED AND ORDERED that due to the above stated circumstances, and after consultation with the Coordinator and Deputy Coordinator(s) of Emergency Management, the Director of Emergency Management declared a local emergency pursuant to Section 44.146.21 of the Code of Virginia on June 14, 2018, This local emergency declaration shall remain in effect until July 1, 2018 during which time the powers, functions, and duties of the Director of Emergency Management and the Emergency Services Organizations of the County of Frederick shall be those prescribed by state law and the ordinances, resolutions, and approved plan of the County of Frederick to mitigate the effects of said emergency. + + + + + + + + + + + . SET PUBLIC HEARING: APPROPRIATION OF FUNDS FOR NEW AYLOR MIDDLE SCHOOL -APPROVED Mr. Tibbs explained there had been a resolution adopted by the Frederick County School Board, at its June 19, 2018 meeting, seeking an appropriation in the amount of $45,500,000 for the replacement of the Robert E. Aylor Middle School. He said the Board of Supervisors at its May 23, 2018 meeting had adopted a resolution regarding funding for a replacement Robert E. Aylor Middle School, and in that resolution, the Board expressed its willingness to consider the request for an appropriation of up to $45,500,000 for the acquisition of land for and the construction of a new Robert E. Aylor Middle School, with a few provisions. Mr. Tibbs said the request is being presented to the Board of Supervisors for consideration and Minute Book Number 43 Board of Supervisors Called Meeting and Closed Session of 06/27/18 County of Frederick, Virginia 423 the action being sought from the Board would be to schedule a public hearing for the July 25, 2018 meeting to amend the Fiscal Year 2018 -2019 budget to reflect: School Construction Fund supplemental appropriation in the amount of $45,500,000 for the construction of the replacement Robert E. Aylor Middle School. He said the appropriation of funds is the first step toward the School Board going to the VPSA Bond Market to arrange borrowing. Mr. Tibbs noted that if a public hearing were set for the July 25 meeting, an informational borrowing schedule would be included in the agenda package. Vice Chairman Lofton moved for setting a public hearing on July 25, 2018, on the appropriation of funds for a new Aylor Middle School, Supervisor Wells seconded the motion. Supervisor McCarthy said he would welcome the opportunity for a work session before the public hearing. He noted comments of School Board members regarding the feasibility of building a school as described in the May 23 resolution passed by the Board of Supervisors. Supervisor Wells, Supervisor Dunn, and Supervisor Slaughter concurred with the preference for holding a work session. The motion to set a public hearing for July 25, 2018, on the School Board's request for a supplemental appropriation to the FY2019 School Construction Fund for funds to replace AyIor Middle School carried on a roll call vote as follows: Blaine P. Dunn Aye Shannon G. Trout Aye Gary A. Lofton Aye Robert W. Wells Aye J. Douglas McCarthy Aye Charles S. DeHaven, Jr. Aye Judith McCann -Slaughter Aye + + + + + + + + + + + + CLOSED SESSION At 5:38 p.m., Vice Chairman Lofton moved that the Board of Supervisors of Frederick County enter a closed session pursuant to Virginia Code § 2.2-3711(A)(3) for discussion 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 and pursuant to Virginia Code § 2.2-3711(A)(1) for personnel matters, specifically the continuation of the annual evaluation of the county attorney and the county administrator. Supervisor McCarthy seconded the motion which carried on a voice vote. At 6:05 p.m., the County Administrator, the County Attorney, and the Deputy County Administrator exited the closed session. At 6:12 p.m., the Board members being assembled within the designated meeting place in the presence of members of the public and the media desiring to attend, the meeting was reconvened on motion of Vice Chairman Lofton, seconded by Supervisor Wells. Vice Chairman Lofton moved that the Board of Supervisors of Frederick County certify that, to the best of each member's knowledge, (i) only public business matters lawfully exempted from open meeting requirements by Virginia law were discussed in the closed meeting to which this certification applies, and (ii) only such public business matters as were identified in the motion Minute Book Number 43 Board of Supervisors Called Meeting and Closed Session of 06/27/18 County of Frederick, Virginia 424 convening the closed meeting were heard, discussed, or considered by the Board. Supervisor Wells seconded the motion which carried as follows on a roll call vote; Blaine P. Dunn Aye Shannon G. Trout Aye Gary A. Lofton Aye Robert W. Wells Aye J. Douglas McCarthy Aye Charles S. DeHaven, Jr, Aye Judith McCann -Slaughter Aye BOARD LIAISON REPORTS - None CITIZEN COMMENT Alan Morrison, Gainesboro District, said that County officials are public servants and not public directors. He noted problems regarding the new County elementary school and said some officials are not acting as servants and appear to be dictating rather than discussing issues. He called for reasoned, fact -based decision making. BOARD OF SUPERVISORS COMMENTS Supervisor Trout said she attended a supervisors' conference at the White House the previous day and obtained contact information for Federal Department of Transportation personnel who may be able to assist with Build Grant applications. She said she would share the contact information with the Board members. ICI IZIli�7�j On motion of Vice Chairman Lofton, seconded by Supervisor Trout, the meeting was adjourned at 6:20 p.m. Charles S. DeHaven, Jr. KrLsC. Chairman, Board of Supervisors Clerk, Boa upervisors Minutes Prepared By:L Ann W. Phillips I Deputy Clerk, Board of Supervisors Minute Book Number 43 Board of Supervisors Called Meeting and Closed Session of 06/27/18 County of Frederick, Virginia on A Minutes of Board of Supervisors Meeting of June 27, 2018 — Appendix 1 ABSTRACT of VOTES Cast in FREDERICK COUNTY, VIRGINIA at the 2018 June Democratic Primary Election held on June 12, 2018 for, Member House of Representatives District: 10 OF CANDIDATES ON THE BALLOT Lindsey Davis Stover - Democratic Jennifer T. Wexton - Democratic lison K. Friedman - Democratic an I. Helmer - Democratic aul E. Pelletier - Democratic Julia E. Biggins - Democratic Total Write -In votes [From Write-ins Certifications] Valid Write -Ins + Invalid Write—ins = Total Write In Votes] Total Number of Overvotes for Office TOTAL VOTES RECEIVED (IN FIGURES) - ---- 14441 504� 3545 97 941 0 f Ve, the undersigned Electoral Board, upon examination of the official records deposited with the Clerk of the Circuit :ourt of the election held on June 12, 2018, do hereby certify that the above is a true and correct Abstract of Votes cast t said election for the Member House of Representatives. Lindsey Davis Stover - Democratic under our hands this ! f -4 day of. Chairman Vice Chairman Secretary Secretary, Electoral Board Minute Book Number 43 Board of Supervisors Called Meeting and Closed Session of 06/27/18 County of Frederick, Virginia ABSTRACT of VOTES Cast in FREDERICK COUNTY, VIRGINIA at the 2018 June Republican Primary Election held on June 12, 2018 for, United States Senate NAMES OF CANDIDATES ON THE BALLOT Corey A. Stewart - Republican TOTAL VOTES 1 (IN Nick J. Freltas - Republican 14 E. W. Jackson Republican ' 98 Total Write-in votes [From Write -Ins Certifications] [Valid Write-ins + Invalid Write—ins = Total Write In Votes] Total Number of Ovenrotes for Office We, the undersigned Electoral Board, upon examination of the official records deposited with the Clerk of the Circuit Court of the election held on June 12, 2018, do hereby certify that the above is a true and correct Abstract of Votes cas at said election for the United States Senate. . __ a Given under our hands this day of VkA�� Chairman Vice Chairman Secretary l0l-n Ale(" , Secretary, Electoral Board Minute Book Number 43 Board of Supervisors Called Meeting and Closed Session of 06/27/18 County of Frederick, Virginia ABSTRACT of VOTES Cast in FREDERICK COUNTY, VIRGINIA at the 2018 June Republican Primary Election held on June 12, 2018 for, Member House of Representatives District:10 NAMES OF CANDIDATES ON THE BALLOT �Shak E. Mill - Republican (Barbara J. Comstock - Republican Total Write -In votes [From Write-ins Certifications] [Valid Write -Ins + Invalid Write ins = Total Write In Votes] 01 Number of Overvotes for Office TOTAL VOTES RECEIVED (IN FIGURES) We, the undersigned Electoral Board, upon examination of the official records deposited with the Clerk of the Circuit Court of the election held on June 12, 2018, do hereby certify that the above is a true and correct Abstract of Votes cast at said election for the Member House of Representafives. Shah E. Hill - Republican under our hands this Ik) day of Jl-):V & , .10 /f Chairman Vice Chairman Secretary Secretary, Electoral Board 0 Minute Book Number 43 Board of Supervisors Called Meeting and Closed Session of 06/27/18 County of Frederick, Virginia