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October 25 2017 Regular Meeting Minutes112 A Regular Meeting of the Frederick County Board of Supervisors was held on Wednesday, October 25, 2017, 7:00 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. INVOCATION Vice Chairman Fisher delivered the Invocation. PLEDGE OF ALLEGIANCE Supervisor Lofton led the Pledge of Allegiance. ADOPTION OF AGENDA —APPROVED Vice Chairman Fisher stated he would like to amend the agenda to add as 45 under County Officials the FY 2018 Supplemental Appropriation request for the VPI and Preschool Expansion Grant. Upon a motion made by Vice Chairman Fisher, seconded by Supervisor Wells, the Board approved the agenda as amended by the following recorded vote: Charles S. DeHaven, Jr. Aye Blaine P. Dunn Nay Bill M. Ewing Nay Gene E. Fisher Aye Gary A. Lofton Nay Judith McCann -Slaughter Aye Robert W. Wells Aye CONSENT AGENDA - APPROVED Upon a motion made by Vice Chairman Fisher, seconded by Supervisor Ewing, the Board approved the following items under the consent agenda: Resolution to Cover Volunteer Fire/EMS Personnel for Workers' Compensation - Tab D; - Resolution to Authorize Participation in the Aqua Virginia, Inc. Rate Case, State Corporation Commission Case Number PUR-2017-0082 - Tab E; Parks and Recreation Commission Report - Tab F. The above motion was approved by the following recorded vote: Minute Book Number 43 Board of Supervisors Regular Meeting of 10/25/17 County of Frederick, Virginia 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 There were no citizen comments. BOARD OF SUPERVISORS COMMENTS There were no Board of Supervisors' comments. MINUTES — APPROVED Upon a motion made by Supervisor Ewing, seconded by Supervisor Lofton, the minutes of the Closed Session and Regular Meeting of September 13, 2017 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 COUNTY OFFICIALS PRESENTATION OF RESOLUTION OF APPRECIATION FOR RETIREE WITH 25 OR MORE YEARS OF SERVICE WITH FREDERICK COUNTY — HARVEY E. °QED" STRAWSNYDER. JR. Ed Strawsnyder was present to accept his resolution of appreciation. UPDATE OF ECONOMIC DEVELOPMENT AUTHORITY ACTIVITIES Economic Development Authority Executive Director Patrick Barker addressed the Board and presented an update of Economic Development Authority activities. He gave an overview of the core areas: Business Attraction, Business Retention and Talent Engagement. He further stated that the EDA was focused on keeping the County economy moving forward at a high level for the businesses and citizens of the community. Chairman DeHaven stated he appreciated the update and staff s hard work and recent successes and stated that it was a job well done. ECONOMIC DEVEOPMENT AUTHORITY BUSINESS INCENTIVE POLICY — ACCEPTED Economic Development Authority Executive Director Patrick Barker addressed the Minute Book Number 43 Board of Supervisors Regular Meeting of 10/25/17 County of Frederick, Virginia 114 Board and presented the recommended Economic Development Authority Business Incentive Policy. He stated the Business Incentive Guidelines provided a formalized structure and enhanced transparency into how Frederick County conducted its business incentive activities. He further stated the guidelines covered all aspects of the business incentive process and identified those businesses eligible for incentives and how they would qualify; a Project Review and Audit Committee to engage in all incentive request processes and a sample Performance Agreement. Supervisor Slaughter stated that last Spring/Summer she had served on various committees with Mr. Barker held at Lord Fairfax Community College and that one of the areas looked at were eligible bio-technology businesses and asked if there had been any thought on that. Mr, Barker stated that when they did the targeted business study they tried to look at the ten year job forecast as to where the most job growth would be and in that sector there were not a lot of jobs for that being forecasted for Virginia. He stated this was revisited annually so if predictions changed, it could come back up. Chairman DeHaven stated this policy was something the Board had asked for earlier in the year and he appreciated the quick turn around. COMMITTEE APPOINTMENTS KAY DAWSON APPOINTED TO SERVE AS A RED BUD DISTRICT REPRESENTATIVE ON THE FREDERICK COUNTY PLANNING COMMISSION - APPROVED Upon a motion made by Supervisor Dunn, seconded by Supervisor Slaughter, Kay Dawson was appointed to serve as a Red Bud District Representative on the Frederick County Planning Commission, filling a vacated seat, said term to expire January 27, 2018. 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 GARY A. WYGAL APPOINTED TO SERVE AS A FREDERICK COUNTY REPRESENTATIVE ON THE HANDLEY REGIONAL LIBRARY BOARD - APPROVED Minute Book Number 43 Board of Supervisors Regular Meeting of 10/25/17 County of Frederick, Virginia 115 Upon a motion made by Supervisor Dunn, seconded by Vice Chairman Fisher, Gary A. Wygal was appointed to serve as a Frederick County representative on the Handley Regional Library Board for a four year term, said term to expire November 30, 2021. 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 .TUNE M. WILMOT REPPOINTED TO SERVE AS A MEMBER -AT -LARGE ON THE FREDERICK COUNTY PLANNING COMMISSION - APPROVED Upon a motion made by Supervisor Wells, seconded by Vice Chairman Fisher, June M. Wilmot was reappointed to serve as a Member -At -Large representative on the Frederick County Planning Commission for a four year term, said term to expire November 14, 2021. 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 DEBORAH A. ROCKWELL REAPPOINTED TO SERVE AS A FREDERICK COUNTY REPRESENTATIVE ON THE NORTHWESTERN COMMUNITY SERVICES BOARD - APPROVED Upon a motion made by Supervisor Wells, seconded by Supervisor Lofton, Deborah K. Rockwell was reappointed to serve as a Frederick County representative on the Northwestern Community Services Board for a three year term, said term to expire December 31, 2020. 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 RENEWED CONSIDERATION OF THE FY 2018 SUPPLEMENTAL APPROPRIATION REQUEST FOR THE VPI AND PRESCHOOL EXPANSION GRANT -APPROVED Minute Book Number 43 Board of Supervisors Regular Meeting of 10/25/17 County of Frederick, Virginia Chairman DeHaven opened the floor for citizen comments. Gerri Swagger, Gainesboro District, school employee and member of the Board of Directors of Apple Country Head Start, addressed the Board and stated she was shocked, dismayed and frustrated as she did not understand why the Board denied funding for a program that was already underway in three schools for children in need when three and half months ago the Board unanimously approved the first grant for the same thing without any questions. She stated not everyone could afford to send their children to private schools. She stated the children deserved better and asked the Board to reconsider. Laura Davis, Gainesboro District, pre-school teacher in Frederick County, addressed the Board and stated to be labeled a babysitter at the previous meeting was offensive professionally as a teacher and personally, She stated the previous no vote was perplexing at best. She stated early development is crucial and that 85-90% of a child's brain is developed by age 5. She stated children were worthy of a quality education and asked the Board to reconsider funding. Sharon Cooley, Opequon District, Principal of Indian Hollow Elementary School, addressed the Board and asked them to reconsider their decision and accept the pre-school grant money at no cost to the county. She stated that children who enter kindergarten today without any pre-school experience often struggle to keep up. She stated that students who start out academically behind remain behind throughout their years of schooling. She stated many dollars are spent in remediation and intervention to help those students catch up. She further stated that at Indian Hollow there are no licensed pre-schools or day care facilities and no county libraries or parks within their school zone. She stated this year 49% entered with no pre-school education. She stated those children did not know numbers, letters, how to hold a pencil or how to behave. She went on to say that may have been acceptable at one time, but state standards are different now and a higher level is expected. She asked the Board to not cut off a vital resource. Serena Omps, Stonewall District, Librarian at Apple Pie Ridge Elementary, addressed the Board and stated she was present to encourage the Board to change their decision on funding pre-school. She stated she saw 18 faces every week of students that benefit from this program. She stated there are families that are not able to afford to send their children to pre-school even though they want to. She further stated pre-school was not play, it was rigorous and intense. She stated the children in pre-school are already doing great things and the Board had the power Minute Book Number 43 Board of Supervisors Regular Meeting of 10/25/17 County of Frederick, Virginia 117 to make great things happen for them. Tanisha Francis Hutchinson, Red Bud District, addressed the Board and stated she was disturbed when she learned of the previous vote. She stated she came from a culture where children were allowed to start school at age 3 and if it could be managed, they could start at age 2. She stated her children started school at the age of 2. She stated that she is licensed to teach in another country and was taking classes, so she could be licensed here. She currently works as a teacher's assistant. She stated due to working and going to school she did not have the time necessary to teach her daughter. She stated because of the culture here and the age requirements here for kindergarten, her daughter will not be 5 until January so she felt her daughter was already too old to be starting kindergarten. She went on to say that her other children have had the early foundation. She stated her daughter is in the pre-school program and she has noticed a vast improvement. Her daughter was excited about what she was learning. She stated that pre- school teaches skills beyond the classroom and asked the Board to reconsider funding. Logan Shepherd, Gainesboro District, addressed the Board and said to say he was disappointed by the Board's previous action was an understatement. He stated the Board is not elected to make decisions about what is educationally appropriate; their job is to consider funds. He stated studies show that early childhood education creates long term success. He further stated there is no cost to the county and that school readiness is important. He asked the Board to reconsider their stance. James Coates, Gainesboro District, legal redress officer for the Winchester Chapter of the NAACP addressed the Board and stated the NAACP had asked him to read a statement on their behalf. He stated they strongly support the pre-school pilot program for four year olds in Frederick County and that it was requested that the Board obtain grant funds and do all they could to support this initiative. He stated, on a personal note, that providing funding for this program guaranteed the development of future residents for County leadership positions. He stated the Board could develop them now or deny the funding again and slow the development of not only these children but the County in general. Cathy Oldham, Stonewall District, teacher, addressed the Board and stated she was excited to learn there would be a pre-school program but was disappointed to learn the Board of Supervisors denied the funding. She stated this program is associated with lower costs for Minute Book Number 43 Board of Supervisors Regular Meeting of 10/25/17 County of Frederick, Virginia 118 special education, remediation, less juvenile crime, less dependence on assisted public programs and a higher employment rate. She further stated she had read that some Board members were concerned about where the funds would come from in the future for this program. She stated she was not concerned about that. She went on to say there are things in life you have to do that are required that you may not like but they are necessary, and she felt to invest in education was necessary for the community. She further stated there is a difference in children that are in pre- school and those that are not. She stated teachers have to spend more time with those that are not skilled and that takes away instructional time from others. She stated the Board should not worry about the money as none was needed at this time, and if they are concerned about the money, they should invest in education now, and asked the Board to reconsider funding. Anita Jenkins, Gainesboro District, addressed the Board and stated she felt the Board erred in their decision to not fund the pre-school program. She stated she was concerned about the communication between the Board of Supervisors and the School Board and felt the bodies should not blindside each other. She further stated a comment had been made that the School Board failed to answer questions about the grant. She stated this grant had been known about for months and that it could have been researched and the questions presented. She stated she supports the reinstatement of early childhood education and that studies show the benefit of early childhood development. Karen (?), Mother of pre-school child, addressed the Board and stated she was concerned about the Board's decision to not fund the program. She stated her son had been learning a lot. She said he now spoke two languages and it had been difficult, but he was at a young age and was taking everything in like a sponge and he was excited to learn. She stated she was saddened to learn the program would not be funded. She asked what was more important than the children of our country. Nadine Pattinga, President and CEO of United Way of Northern Shenandoah Valley, addressed the Board and stated that she wanted to share the findings of a recent study called the ALICE Report. She stated it is a data report that studies financial hardship in Virginia. She stated ALICE stands for Asset Limited Income Constrained Employed. She stated that ALICE households earn more than the official U.S. poverty level but less than the basic cost of living; in other words, households that were working in needed jobs that do not pay enough to afford the Minute Book Number 43 Board of Supervisors Regular Meeting of 10/25/17 County of Frederick, Virginia 119 basic necessities including housing, food, transportation, childcare, healthcare. She went on to say that ALICE households often do not qualify for government assistance or social service programs, so they are virtually invisible to the system and their struggle is unseen and unknown. She further stated that much of the population the pre-school grant would serve is in the ALICE population. She went on to say that families in the ALICE population do not have resources for child care or other programs. She asked the Board to reconsider their vote for the economic stability and vitality of the community. Guss Morrison, Shawnee District, addressed the Board and requested the Board not deny the children the opportunity and support education. He stated that many cannot afford private pre-school. He stated that early learning had long term valuable results. He further stated that pre-school teaches children how to behave and how to get along. He stated comments had been made about the cost to the County and the taxpayers in the future and that could be dealt with later when the funds run out, but right now it was a benefit and asked the Board to not pass up the opportunity and asked them to reconsider their vote. Brandi Hammond, Shawnee District, addressed the Board and stated she was shocked by the previous vote to not fund the pre-school initiative. She stated she was confused by support of the original grant funding request and then their non-support of the next request so that this program that had already started could be continued. She thanked Vice Chairman Fisher for bringing this back before the Board and thanked the other Board members as well for their re -consideration. She asked the Board to please vote unanimously to accept the grant funding so the program could be continued. Alisha Richards, Stonewall District and a teacher in Frederick County Schools, addressed the Board and stated that in reviewing her old childhood report cards from thirty plus years ago, the skills she learned in second grade were skills now what was being taught in pre- school. She stated there are children in her class that are not prepared, that it was not easy for them to catch up. She stated teachers were the first people children encounter on their thirteen year journey. She further stated she wanted all children to be successful in kindergarten because they were sending them on a thirteen year trip. She asked why would they want to send them on a journey with an unpacked suitcase when a full trunk was available right now. Shontya Washington, Red Bud District, addressed the Board and stated she was Minute Book Number 43 Board of Supervisors Regular Meeting of 1012917 County of Frederick, Virginia 120 confused about the vote against the program that did not use local tax dollars but did provide an opportunity to enhance children's start to their education. She stated that by being a volunteer in a classroom she had seen the benefits of the program and encouraged the Board to volunteer in a classroom to see what happened and asked them to right a wrong especially since they now had more information to make a decision. David Dixon, Stonewall District, addressed the Board and stated he understood where the Board was coming from with the budget, that there were a lot of needs. He stated his granddaughter was going to this program and would be struggling to be ready for kindergarten. He stated children needed more than love and care, they needed an education. He stated the funding was there and not costing the County anything right now. He stated before the funding ended, to put it to vote and see if the people want it, to let them decide and he felt they would want it. Louise Dixon, Stonewall District, addressed the Board and stated her granddaughter had made tremendous improvement and that she learned so much. She stated she was learning all kinds of activities and techniques that will help her in the future. She stated she believed in early intervention and that this program would help all with later achievements and goals. Joy Kirk, Back Creek District and President of the Frederick County Education Association, addressed the Board and stated she was saddened by the decision to not accept the grant. She stated it was often obvious which students did not have a strong educational foundation. She stated it was not the fault of the students or parents, that no one asked to come into a socio-economically disadvantaged family; no one asked to lose their job. She stated things happen. She further stated this program was designed to give children a "leg up" who otherwise would not have it. She stated the program provided strong foundational learning skills. She stated that not everyone had equal opportunities. She stated this grant was not costing the County anything and that the grant was a win for the children. She asked the Board to reconsider their vote and support the youngest learners. Rochelle Newlin, Back Creek District, addressed the Board and stated she was not a teacher or a Frederick County employee but she did have a masters in early childhood development. She stated she had the luxury of being in pre-school and was somehow promoted to first grade and that now she had her masters. She stated she was first generation from being at Minute Book Number 43 Board of Supervisors Regular Meeting of 10/25/17 County of Frederick, Virginia 121 the poverty level. She further stated that she had seen the benefit of early childhood education and asked the Board to admit they made a mistake and fix this. Dr. John Lamanna, Stonewall District and Frederick County School Board Chairman, addressed the Board and stated he was present on behalf of the School Board. He stated the School Board was aware that the Board of Supervisors was not inclined to support new initiatives or programs. He stated it was never their intent when the grant came through, that it would be an obligation of the Board of Supervisors. He stated the School Board did not apply the last eight years for previous Virginia pre-school grants that required matching funds from the County as they were aware of the situation the County was in, knew their priorities and realized their position. He stated that was why it was hard for the School Board to understand why the Board of Supervisors said no to this grant since there were no local funds required. He stated it was not the intent of the School Board to ask for funding when the grant was over in two years. He stated they told their administrators and staff that were hired for this program that this was a two year commitment and that they did not know what was going to happen in two years. He stated that he thought it needed to be said that, by the Constitution of Virginia, by Code, it was the School Board's responsibility to decide on the priority of education and the services offered. He stated that was the School Board's prerogative and not the Board of Supervisors. He stated it was the Board of Supervisors' prerogative whether or not to fund those services. He stated he knew the relationship between the School Board and Board of Supervisors was strong and he looked forward to that. Lauren Porter, VPI teacher with NREP, addressed the Board and stated she agreed on the points that had been made. She stated that if the Board of Supervisors had questions as to what went on, she invited them to come to a class to see. She felt they would see that it was worth it. There were no more public comments. Chairman DeHaven closed the public comment portion and thanked everyone for their concerns and comments and stated their participation was important to the process. Vice Chairman Fisher made a motion to approve a FY 18 supplemental appropriation in the amount of $502,498.66 for the VPI and Pre -School Expansion grant. Supervisor Wells seconded the motion. Minute Book Number 43 Board of Supervisors Regular Meeting of 10/25/17 County of Frederick, Virginia 12, Supervisor Lofton thanked everyone for coming out to share their views. He stated that in May he approved a request from the School to accept a grant for a pilot program for two classrooms for pre-school to be fully funded for the FY 17-18 School year. He stated the reason he voted for this grant was because it was fully funded, and it would give him time for research, thought and decision making before having to decide making the program a permanent part of the School budget, and "trust me", it would be a permanent part of the School budget. He stated the School Board and the School Administration deliberately and blatantly squandered the opportunity to have that opportunity for discovery, discussion and debate on such questions as where they were going to find the rooms for all the additional classes they intended to hold. He stated they have been hearing for months how over crowded the schools were. He stated Governor McAuliffe held a press conference yesterday about teacher shortage and he questioned if there were going to be enough teachers for these classes. He wondered what it would be for the County if this goes full time at all schools. He stated the cost of the initial program had far exceeded what they were initially told and felt it was a case of poor money management. He questioned as to whether there was an opportunity to partner with organizations that were already providing this service. He stated the School Board violated the trust placed in them to provide this program as originally stated and he would not support the motion. Vice Chairman Fisher stated that his question for funding of this program had been responded to by the School system. He stated that he and Dr. Lamanna had met and talked about it and they had been talking for thirteen years, sometimes they did not agree, but they continued to talk to each other in a respectful way. He stated his issue had always been about the County taxpayer that would be required to fund this program once there was no longer State or Federal funding. He stated that with any program there were pros and cons and it was not known until you get in it to try them. He further stated he depended on the School Board and School Administration to decide the educational programs that were best for the children and was glad that Dr. Lamanna pointed that out. He stated the County would have many challenges in its financial obligations in the coming years. He went on to say that it was his sole intent to provide, for the record, that subsequent Boards of Supervisors would not be required to provide local funding for this program if State and Federal funding ceased. He concluded by stating he would support the motion. Minute Book Number 43 Board of Supervisors Regular Meeting of 10/25/17 County of Frederick,' Virginia 123 Supervisor Slaughter stated she had been asked why the Board made the decision they did, and it was because they did not have answers to questions they had, that needed staff was not present at the last meeting. She read from the memo that was in their agenda packet for the original request and stated that it read that the amount was to fund two pre-school classrooms for the FY 17-18 School Year and that no local funds were required. She stated the Board approved the request for what they believed was full funding for FY 17-18. She stated that what she has since learned from reading publications in the newspaper, those funds have now been used to increase capacity and for initial start-up costs. She stated she contacted the Stonewall District School Board representative and it was confirmed that is what the funds were used for. She stated her question was the original request was for two classrooms and now they were funding a third classroom and how did that happen without an additional appropriation. She stated the appropriation was approved for one thing but now being used for something else, so she was confused and concerned by that. She stated there were procedures and protocol to how things were accomplished. She stated more questions have been raised as to how things transpired with this grant. She understood there had been great success with the program. She went on to say she felt the Board had been misled and now were being questioned as to why they originally approved to fund something and now they would not consider it. School Superintendent Dr. David Sovine addressed the Board and thanked them for bringing this back before the Board and hoped to provide further clarity. He stated the original request was for start-up costs. He stated with many grants there was a start-up cost and then there is a second installment, and this was for the complete funds for the entire school year. He stated the School Board had a joint meeting with the Instruction and Personnel Committee and at that point they had received information from the State about funds that would allow them to offer three classes at the three sites that currently exist. He stated the information from the joint committee meeting went to their full Board. He stated they received information late that there would possibly be funds available for three classes. He stated it was presented at a meeting in an open setting and they had been transparent. He further stated that if there was not funding for three classes, they agreed to keep it at two. He went on to say they were notified three days later there was funding for three classes and that was included in the second installment request. He stated normally this was done much earlier but they received the information late in the year. He Minute Book Number 43 Board of Supervisors Regular Meeting of 10/25/17 County of Frederick, Virginia 124 went on to say he appreciated the opportunity for clarification and again, they had been transparent at their June 20' meeting and had provided the information to the Board of Supervisors as a courtesy, so they would have good information. Supervisor Dunn thanked Dr. Sovine and Dr. Lamanna for their timeliness in their response to his questions. He stated that Dr. Sovine had made comments on his perception on what the School Board had relayed. He stated the information that was originally provided to the Board of Supervisors was for a budget adjustment for grant award received to fund two pre- school classrooms for the FY 2017-2018 school year and that no local funds were required and that was all he had to base his decision on. He stated the second piece of information was the September 7, 2017 memorandum to Finance Director Cheryl Shiffler from School Finance Director Patty Camery for a budget adjustment request in the amount of $502,498.66 for the pre- school expansion grant and that was all he had. He stated he had read the grants funds covered other areas and asked Dr. Sovine to elaborate on exactly what the funds were for, how many schools and for what school year. Dr. Sovine replied the second installment covered funding for the remaining school year for the existing three pre-school classrooms. He stated they had been notified that grant funds remain available to sustain the program through next year. He stated that with reference to procedure and protocol, he attended the Finance Committee meeting for this request and that was the School's normal procedure, and on any budget related item, the School Finance Director attends the Board of Supervisors' meetings. He stated the funds were used for personnel, nutrition, parent outreach and support, interpreter services and the program was comprehensive in nature. He clarified they were not using grant dollars to teach English to adults. Supervisor Dunn asked about the approximate funding for next year. Dr. Sovine replied that a full year is approximately $783,000 and again, they had been notified there were remaining grants funds available for the next school year. Dr. Angelo stated that the funds for the second year will be less as they will not need re- training of personnel, start-up costs, equipment, curriculum materials, certain things that were required by the grant to start this program. Supervisor Lofton asked Dr. Sovine if the County wanted to start a pilot program for one school year and that less money was accepted when the School Board knew it was going to cost Minute Book Number 43 Board of Supervisors Regular Meeting of 10/25/17 County of Frederick, Virginia 12J more for that school year. He stated that was what was represented in the September 7, 2017 memorandum from School Finance Director Patty Camery asking for the budget adjustment and if Dr. Sovine knew that the funding would not carry through the first school year. Dr. Sovine replied it was clear from the State that they would have an initial installment and that would not cover everything for the entire year but it would be enough to get started to hire teachers, to invest in some of the grant requirements pertaining to equipment, things of that nature and that it had been communicated to them there would be additional funds. He stated what was communicated to them was a commitment for two years and beyond that they were not certain if future funds would be available to continue the program. He stated if funds go away, the School Board would address it at that time and there were aware the governing body did not want to use local dollars. He stated for now, the funds were available and they took that opportunity to provide a valuable program to serve the children. Supervisor Ewing asked Dr. Sovine if it was not the intention of the School Board to ask the Board of Supervisors for additional funds, what happens to the children if the program ended, what would have been created at that point. Dr. Lamanna stated it would be a difficult decision. He stated if funds ended and the School Board decided to continue the program, they would fund it in the School Board Budget and would need to cut other areas, but they would not submit a larger budget to include this program. Supervisor Ewing stated if they funded the program in the School Board budget, that would affect his decision, because no local tax dollars means no local tax dollars. Dr. Sovine stated he could not predict the future, but if the grant money ceased to exist and the School Board felt it was a valuable program to continue, then they would make other cuts within their operating budget in order to provide this program and that was a decision to be made by the School Board. Supervisor Ewing stated he was concerned about the magnitude of this program and the possibility of the taxpayer taking on the burden of paying for it. He stated he felt education was important but that the taxpayer should have more input as to their interests. He stated if it is funded in the School operating budget, whether it was Federal, State or local money, it was still taxpayer money. Minute Book Number 43 Board of Supervisors Regular Meeting of 10/25/17 County of Frederick, Virginia Dr. Lamanna stated that they have two years of Federal money and they will see what worked; that there was active citizen involvement at both the School Board and Board of Supervisors' level. He stated again, that the programs and services offered were decisions made by the School Board. Supervisor Wells stated that he felt the County had a quality education system and thanked the School Board and the teachers for their hard work and efforts. He stated that on any issue, they all paid taxes. He stated the School Board made the decisions on what they felt was best. He felt it was important to get past talking about the taxpayer and the money for the program, that the money was available now and that no local dollars were required, and he felt they needed to take advantage of the opportunity and he was in favor of the program. Supervisor Dunn stated that the cost per student in the program was significant and that alternatives exist such as Head Start United Way, churches and various private organizations. He stated that a gentleman earlier had mentioned putting this to referendum and he would support that on all services across the board. Supervisor Lofton stated there had been a lot of discussion, debate, and comments and for him there were still too many unanswered questions. He felt that if the budget adjustment was approved, taxpayers would be burdened with much higher costs and taxes. He stated it was his belief that the School Board did not have the desire, the will, or the courage to end this program when the grant ends. Upon original motion made by Vice Chairman Fisher, seconded by Supervisor Wells, the Board approved a FY 18 supplemental appropriation in the amount of $502,498.66 for the VPI and Pre -School Expansion grant by the following recorded vote: Charles S. DeHaven, Jr. Aye Blaine P. Dunn Nay Bill A Ewing Nay Gene E. Fisher Aye Gary A. Lofton Nay Judith McCann -Slaughter Aye Robert W. Wells Aye RESOLUTION (#032-17) TO COVER VOLUNTEER FIREIEMS PERSONNEL FOR WORKERS' COMPENSATION — APPROVED UNDER CONSENT AGENDA Board of Supervisors Resolution to Cover Volunteer Fire/EMS Personnel for Workers' Compensation WHEREAS, Frederick County has a combined career and volunteer fire and rescue Minute Book Number 43 Board of Supervisors Regular Meeting of 10/25/17 County of Frederick, Virginia 127 system; and WHEREAS, Frederick County's career fire and rescue personnel are automatically covered by the Workers' Compensation Act, pursuant to Virginia Code §65.2-101; and WHEREAS, the Workers' Compensation Act does not automatically provide coverage to volunteer members of fire and rescue departments serving public entities; and WHEREAS, on September 13, 2017, the Frederick County Board of Supervisors approved VACoRP's recommendation for workers' compensation coverage for volunteer fire and EMS personnel. NOW, THEREFORE, BE IT RESOLVED, that the volunteer members of the fire departments and rescue squads of Frederick County, Virginia, are hereby authorized to be included as employees for the purposes of the Workers' Compensation Act of the Commonwealth of Virginia and are entitled to coverage provided under said Act. RESOLUTION (#033-17) TO AUTHORIZE PARTICIPATION IN THE AQUA VIRGINIA, INC. RATE CASE, STATE CORPORATION COMMISSION CASE NUMBER PUR-2017-0082 — APPROVED UNDER CONSENT AGENDA BOARD OF SUPERVISORS RESOLUTION, October 25, 2017 WHEREAS, Aqua Virginia, Inc. provides water and sewer service to County residents in the Lake Holiday community and water service to County residents in the Shawneeland community; and WHEREAS, Aqua Virginia, Inc. has filed with the State Corporation Commission an application, docketed as Case Number PUR-2017-00082, for increases in its water and sewer rates, and for implementation of a separate water and wastewater infrastructure service charge; and WHEREAS, water and sewer costs represent a significant burden to County residents who are customers of Aqua Virginia, Inc. in the Lake Holiday and Shawneeland communities; and WHEREAS, participation by the Board of Supervisors as a respondent in State Corporation Commission Case Number PUR-2017-00082 would be beneficial toward seeking the accomplishment of fair and reasonable water and sewer rates and charges for County residents who are customers of Aqua Virginia, Inc. in the Lake Holiday and Shawneeland communities; NOW, THEREFORE, BE IT RESOLVED THAT the Board of Supervisors authorizes the County Attorney to file a Notice of Participation as a Respondent on its behalf in State Corporation Commission Case Number PUR-2017-00082 and to take such action as is appropriate in such proceeding to seek the accomplishment of fair and reasonable water and sewer rates and charges for County residents who are customers of Aqua Virginia, Inc. in the Lake Holiday and Shawneeland communities. COMMITTEE REPORTS PARKS AND RECREATION COMMISSION REPORT — APPROVED UNDER CONSENT AGENDA The Parks and Recreation Commission met on October 10, 2017, Members present were: Christopher Fordney, Natalie Gerometta, Gary Longerbeam, Ronald Madagan, Guss Morrison, Charles Sandy, Jr., and Amy Strosnider. Members absent: Randy Carter, Robert Wells (Board of Supervisors' Non -Voting Liaison). Minute Book Number 43 Board of Supervisors Regular Meeting of 10/25/17 County of Frederick, Virginia Items Repuirine Board of Supervisors Action: None Submitted for Board Information Only: 1. Abrams Creek Greenway - The Buildings and Grounds Committee recommended requesting Board of Supervisors' endorsement of the VDOT Transportation Alternatives Resolution of Support required for grant applications, second by Mr. Morrison, motion carried unanimously (7-0). This recommendation will be forwarded to the Finance Committee prior to requiring Board of Supervisors' action. 2. Abrams Creek Greenway - The Buildings and Grounds Committee recommended to forward to the Finance Committee a supplemental appropriation request of $1,048,900 to be used to develop the Abrams Creek Trail and parking area with $988,900 of this amount for trail construction and $60,000 for the development of a trailhead parking area. The local contribution to the project is $247,780. The remaining $791,120 would be reimbursed through the VDOT Transportation Alternatives grant. If the grant is not received, funds would be returned, second by Mr. Sandy, motion carried unanimously (7-0). This recommendation will be forwarded to the Finance Committee prior to requiring Board of Supervisors' action. 3. FY 2019 Capital Improvements Plan - The Buildings and Grounds Committee recommended approval of the 2018-2019 Capital Improvements Plan as submitted, second by Mr. Sandy, motion carried unanimously (7-0). Please find attached a copy 2018-2019 Capital Improvement Plan Project Summary to be forwarded to the Planning Commission prior to the Board of Supervisors. 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, October 18, 2017 at 8:00 a.m. All members were present. Non- voting liaison Ellen Murphy was absent. Items 6 and 8 were approved under consent agenda. Items 9 and 10 require no action. Upon a motion made by Supervisor Slaughter, seconded by Vice Chairman Fisher, Items 6 and 8 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 FCPS Finance Director requests School Operating Fund and General Fund supplemental appropriations in the amount of $997,264.55. This amount represents unspent FY 2017 funds to be spent on buses. Local funds are required. The committee recommends approval. — Approved. Upon a motion made by Supervisor Slaughter, seconded by Supervisor Dunn, the above was approved by the following recorded vote: Charles S. DeHaven, Jr. Aye Blaine P. Dunn Aye Minute Book Number 43 Board of Supervisors Regular Meeting of 10/25/17 County of Frederick, Virginia 129 Bill M. Ewing Aye Gene E. Fisher Aye Gary A. Lofton Aye Judith McCann -Slaughter Aye Robert W. Wells Aye 2. The Parks and Recreation Director requests approval to apply for a VDOT Transportation Alternatives (TA) grant for FY19 and FY20 funding for the development of Phase I of the Abrams Creek Trail and the adoption of the Transportation Set -Aside Resolution of Support. The Parks and Recreation Commission has approved. The committee recommends approval (DeHaven — no). — Approved. Upon a motion made by Supervisor Slaughter, seconded by Supervisor Dunn, the above was approved by the following recorded vote: Charles S. DeHaven, Jr. Nay 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. The Commissioner of the Revenue requests a General Fund supplemental appropriation in the amount of $11,466. This amount represents FYI funds (salary and fringes) needed for a full time Data Collector (currently part time). The request has been forwarded by the HR Committee. Local funds are required. The committee recommends approval. — Approved. Upon a motion made by Supervisor Slaughter, seconded by Vice Chairman Fisher, the above was approved by the following recorded vote: Charles S. DeHaven, Jr. Aye Blaine P, Dunn Nay Bill M. Ewing Aye Gene E. Fisher Aye Gary A. Lofton Aye Judith McCann -Slaughter Aye Robert W. Wells Aye 4. The Sheriff requests a General Fund supplemental appropriation in the amount of $266,508. This amount represents FY18 funds needed to hire ($113,652 salaries and fringes) and equip ($152,856) three (3) full time Deputy I positions. The request has been forwarded by the Public Safety Committee. Local funds are required. The committee recommends approval (Lofton — no). — Approved. Upon a motion made by Supervisor Slaughter, seconded by Supervisor Wells, the above 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 Aye Minute Book Number 43 Board of Supervisors Regular Meeting of 10/25/17 County of Frederick, Virginia 130 5. The Sheriff requests a General Fund supplemental appropriation in the amount of $11,173,40. This amount represents Sheriff s Sale proceeds in excess of revenue budgeted. No local funds required. The committee recommends approval. — Approved. Upon a motion made by Supervisor Slaughter, seconded by Supervisor Ewing, the above 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 6. The Sheriff requests a General Fund supplemental appropriation in the amount of $4,499.82. This amount represents reimbursements from the Treasury Department. No local funds required. — Approved Under Consent Agenda. 7. The Public Works Director requests a General Fund supplemental appropriation in the amount of $1,000,000. This amount represents funds needed to complete the Stephenson convenience site. Local funds are required. The committee recommends approval. — Approved. Supervisor Slaughter stated that after the committee had met, the bid amount came in at $1,221,294 million, with a contingency of $200,000, which resulted in an adjusted cost of $1,421,294. She stated they currently had an appropriation in the Public Works operating budget that was transferred out of the Capital Contingency Fund in the amount of $485,970 and the County Administrator had additional funds in the amount of $604,787 in the Capital Contingency Fund that could be used to offset that expenditure, and that would leave a needed balance of $330,537.00, and the County Administrator was comfortable with doing that. Upon a motion made by Supervisor Slaughter, seconded by Vice Chairman Fisher, a General Fund supplemental appropriation in the amount of $330,537.00 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 8. The Finance Director requests a General Fund supplemental appropriation in the amount of $18,896.10. This amount represents unspent FY17 VJCCCA funds to be returned to the state. — Approved Under Consent Agenda 9. The committee continued discussion on the airplane tax rate. The committee requested continued discussion at the next committee meeting. — No Action Taken. 10. The Finance Committee Chairman has provided FY 2019 budget priorities and the Minute Book Number 43 Board of Supervisors Regular Meeting of 10/25/17 County of Frederick, Virginia 131 FY 2019 budget calendar. -- No Action Taken. 2017. Information Only 1. The Finance Director provides a Fund 10 Transfer Report for September 2017. 2. The Finance Director provides financial statements ending September 30, 2017. 3. The Finance Director provides an FY 2018 Fund Balance Report ending October 13, PLANNING COMMISSION BUSINESS RESOLUTIONS RE: REVENUE SHARING APPLICATION OF SUPPORT — BRIDGE OVER I-81 AND ROUNDABOUT (RESOLUTION #035-17) AND AIRPORT ROAD EXTENSION AND INTERSECTION WITH ROUTE 522 - (RESOLUTION #036-17) - APPROVED Assistant Director -Transportation John Bishop presented this request. He stated that at the October 11, 2017 Board meeting, the Board authorized staff to seek the transfer of funds on the Valley Mill Road Revenue Sharing Project to the Russell 150/Heritage Commons roadways which consist of the Bridge over I-81, Airport Road Extension and Roundabout. He stated that following that meeting, VDOT advised staff it would be better to apply for revenue sharing as opposed to completing the transfer, and staff requested approval of the resolutions of support to apply, He stated that if there were any cost overruns, the owner would be responsible and that the agreement was already in place and executed. Upon a motion made by Supervisor Lofton, seconded by Supervisor Wells, the resolution of support for the revenue sharing application for the Bridge over I-81 and Roundabout was approved. A RESOLUTION (#035-17) FOR THE BOARD OF SUPERVISORS OF THE COUNTY OF FREDERICK, VIRGINIA TO ENDORSE THE BRIDGE OVER 1-81 AND ROUNDABOUT REVENUE SHARING PROJECT At a regularly scheduled meeting of the Frederick County Board of Supervisors held on October 25, 2017, the following resolution was adopted: WHEREAS, the Frederick County Board of Supervisors, desires to submit an application for an allocation of funds of up to $2,226,126.51 through the Virginia Department of Transportation Fiscal Year 2019-2020, Revenue Sharing Program; and, WHEREAS, $2,226,126.51 of these funds are requested to fund construction of the Bridge over I-81 and Roundabout; and, WHEREAS, The Frederick County Board of Supervisors hereby supports this application for an allocation of $2,226,126.51 through the Virginia Department of Transportation Fiscal year 2019- 2020 Revenue Sharing Program, NOW, THEREFORE, BE IT RESOLVED, that the Board of Supervisors of the County of Frederick hereby commits to fund its local share of preliminary engineering, right-of-way and Minute Book Number 43 Board of Supervisors Regular Meeting of 10/25/17 County of Frederick, Virginia 132 construction (as applicable) of the project under agreement with the Virginia Department of Transportation in accordance with the project financial document. BE IT FURTHER RESOLVED, that the County Administrator Kris Tierney is authorized to execute all agreements and/or addendums for any approved project with the Virginia Department of Transportation. 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 made by Supervisor Lofton, seconded by Vice Chairman Fisher, the resolution of support for the revenue sharing application for the Airport Road Extension and Intersection with Route 522 was approved. A RESOLUTION (#036-17) FOR THE BOARD OF SUPERVISORS OF THE COUNTY OF FREDERICK, VIRGINIA TO ENDORSE THE AIRPORT ROAD EXTENSION AND INTERSECTION WITH ROUTE 522 REVENUE SHARING PROJECT At a regularly scheduled meeting of the Frederick County Board of Supervisors held on October 25, 2017, the following resolution was adopted: WHEREAS, the Frederick County Board of Supervisors, desires to submit an application for an allocation of funds of up to $1,415,882.92 through the Virginia Department of Transportation Fiscal Year 2019-2020, Revenue Sharing Program; and, WHEREAS, $1,415,882.92 of these funds are requested to fund construction of the Airport Road Extension and Intersection with Route 522; and, WHEREAS, The Frederick County Board of Supervisors hereby supports this application for an allocation of $1,415,882.92 through the Virginia Department of Transportation Fiscal year 2019- 2020 Revenue Sharing Program, NOW, THEREFORE, BE IT RESOLVED, that the Board of Supervisors of the County of Frederick hereby commits to fund its local share of preliminary engineering, right-of-way and construction (as applicable) of the project under agreement with the Virginia Department of Transportation in accordance with the project financial document. BE IT FURTHER RESOLVED, that the County Administrator Kris Tierney is authorized to execute all agreements and/or addendums for any approved project with the Virginia Department of Transportation, 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 Minute Book Number 43 Board of Supervisors Regular Meeting of 10/25/17 County of Frederick, Virginia 133 BOARD LIAISON REPORTS There were no Board Liaison Reports. CITIZEN COMMENTS Shannon Trout, Shawnee District, addressed the Board and thanked the Board for their re -consideration and vote on the pre-school funding issue and for listening to all the comments. Alan Morrison, Gainesboro District, addressed the Board and stated there had been a lot of misinformation over the pre-school grant issue. He stated he felt each Board had their own world view of how things should work and both felt they were doing the appropriate things for the right reasons, but they were missing each other wildly by many miles in the information and in communication. He stated in the future they needed to be more open, and more truthful in everything that they were told and in the implication. Nancy Desaren, Gainesboro District, addressed the Board and thanked Supervisors Fisher, Wells and Slaughter for speaking with her and that she was disappointed her own representative did not return her calls or emails. She stated the bottom line was that as elected officials, the Board did work for the citizens. BOARD OF SUPERVISORS COMMENTS Supervisor Ewing stated this would be his last Board meeting and he appreciated the Board's confidence in appointing him to serve the Gainesboro District and appreciated their support and wished all of them well. Chairman DeHaven stated that it had been an honor serving with him and appreciated his hard work. Supervisor Dunn thanked Supervisor Ewing for his service and that he had enjoyed working with him this past year. Supervisor Slaughter stated that it had been an honor and a privilege to serve with Supervisor Ewing and that he had been a great mentor to her. Supervisor Lofton stated that he had known Supervisor Ewing for many years and he had found him to be an upstanding gentleman with great expectations for the County and had worked hard to make the County's quality of life better than when he started and felt he had succeeded in that with finesse and honor and thanked him for his service. ADJOURN Minute Book Number 43 Board of Supervisors Regular Meeting of 10/25/17 County of Frederick, Virginia 134 UPON MOTION MADE BY VICE CHAIRMAN FISHER, SECONDED BY SUPERVISOR WELLS, THERE BEING NO FURTHER BUSINESS TO COME BEFORE THIS BOARD, THE MEETING WAS ADJOURNED. (9:27 P.M.) GQ-U-jaN . Charles S. DeHaven, Jr. Chairman, Board of Supervisors — - I �-5 � Z-) K •is ney Cferk, Baartl-4&Supervisors Minutes Prepared By: y e �✓a ct r , Teresa J. P icy Administrative Assistant County Administrator's Office Minute Book Number 43 Board of Supervisors Regular Meeting of 10/25/17 County of Frederick, Virginia