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March 28 2018 Regular Meeting Minutes320 MINUTES REGULAR MEETING FREDERICK COUNTY BOARD OF SUPERVISORS WEDNESDAY, MARCH 28, 2018 7:00 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; Michael T. Ruddy, Director of Planning and Development; and Ann W. Phillips, Deputy Clerk to the Board of Supervisors CALL TO ORDER Chairman DeHaven called the meeting to order at 7:00 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 Vice Chairman Lofton, seconded by Supervisor Slaughter, the agenda was adopted on a voice vote. ADOPTION OF CONSENT AGENDA — APPROVED Vice Chairman Lofton moved that the Consent Agenda be approved. Supervisor Wells seconded the motion. Chairman DeHaven and Supervisor Slaughter said they would abstain on the second item on the consent agenda, the Resolution Requesting VHDA Funding for Hiatt Run Apartments, because of prior or ongoing contractual relationships with the requester. The Consent Agenda was approved on a roll call vote as follows: Blaine P. Dunn No 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 -Minutes: Budget Work Session of March 14, 2018 -CONSENT AGENDA APPROVAL -Minutes: Closed Session & Regular Meeting of March 14, 2018 -CONSENT AGENDA APPROVAL Minute Book Number 43 Board of Supervisors Regular Meeting of 03/28/18 County of Frederick, Virginia 321 -Hiatt Run A artments — Resolution Reguesting VHDA Funding -CONSENT AGENDA APPROVAL RESOLUTION IN SUPPORT OF HIATT RUN APARTMENTS REQUEST FOR VHDA FINANCING. HIATT RUN APARTMENTS ARE LOCATED ON MARTINSBURG PIKE IN THE STONEWALL MAGISTERIAL, DISTRICT WHEREAS, the Board of Supervisors of the County of Frederick, Virginia, desire to make the determination required by Section 36-55.30:2.B of the Code of Virginia of 1950, as amended, in order for the Virginia Housing Development Authority to finance the economically mixed project (the "Project") described on Exhibit A attached hereto; NOW, THEREFORE, BE IT HEREBY DETERMINED as follows: (1) the ability to provide residential housing and supporting facilities that serve persons or families of lower or moderate income will be enhanced if a portion of the units in the Project are occupied or held available for occupancy by persons and families who are not of low and moderate income; and (2) private enterprise and investment are not reasonably expected, without assistance, to produce the constriction or rehabilitation of decent, safe and sanitary housing and supporting facilities that will meet the needs of low and moderate income persons and families in the surrounding area of the Project and will induce other persons and families to live within such area and thereby create a desirable economic mix of residents in such area. ....++++++++ -Resolution of Appreciation for Judy Lynn Hesse -CONSENT AGENDA APPROVAL FREDERICK COUNTY RESOLUTION OF APPRECIATION JUDY LYNN HESSE WHEREAS, Judy Lynn Hesse served Frederick County, Virginia, for approximately 29 years as a dedicated employee; and WHEREAS, Judy began her career as a Clerk Typist I in 1989 and received promotions to Secretary III in 1999, Administrative Assistant in 2000, and finally to Resource Management Specialist serving from 2013 until her retirement; and WHEREAS, during her tenure, Andy progressively took on additional responsibilities and extra assignments and was noted for the quality and quantity of her work as well as her superior communication skills; and WHEREAS, Judy was a successful multi-tasker who did exceptional work in keeping fire and rescue personnel outfitted with appropriate uniforms and personal protective equipment and excelled in building positive cooperative relationships with various County departments and volunteer Firefighter leadership members, NOW, THEREFORE BE IT RESOLVED, that the Frederick County Board of Supervisors extends its sincerest thanks to Judy Lynn Hesse for her dedication and dependability and wishes her all of the best in her future endeavors. BE IT FURTHER RESOLVED, that this resolution be spread across the minutes of the Frederick County Board of Supervisors for all citizens to reflect upon the accomplishments of this public servant. ADOPTED this 28th day of March 2018. + + + + + + + + + + + + CITIZEN COMMENTS William Meyer, Red Bud District, said the one cent tax increase is not enough and that next year the County will be slammed with a larger necessary increase. He said the community and schools are growing and money is needed to provide services. He said the Board members are cutting themselves short with the small tax increase. + + + + + + + + + + + + Minute Book Number 43 Board of Supervisors Regular Meeting of 03/28/18 County of Frederick, Virginia 322 BOARD OF SUPERVISORS COMMENTS Supervisor Dunn noted the speakers at recent meetings who addressed the Aylor Middle School building condition. He said the Board of Supervisors is the funding body. He noted that the School Board handles maintenance and has unspent funds each year that could have been used for building maintenance. ..... + + + + + + + COUNTY OFFICIALS: COMMITTEE APPOINTMENTS APPOINTMENT OF AMY GRAY TO THE HANDLEY REGIONAL LIBRARY BOARD — APPROVED Upon motion of Supervisor Dunn, seconded by Supervisor Slaughter, Amy Gray was appointed on a voice vote to the Handley Regional Library Board to fill an unexpired four-year term ending November 30, 2021. APPOINTMENT OF HEATHER MCKAY TO THE FREDERICK COUNTY ECONOMIC DEVELOPMENT AUTHORITY - APPROVED Upon motion of Vice Chairman Lofton, seconded by Supervisor Wells, Heather McKay was appointed on a voice vote to the Frederick County Economic Development Authority to fill an unexpired four-year term ending September 10, 2018. Vice Chairman Lofton noted there had been three applicants, and Ms, McKay's background in agribusiness and agritourism will be an asset to the Authority. RE -APPOINTMENT OF CHRISTOPHER FORDNEY TO THE FREDERICK COUNTY PARKS AND RECREATION COMMISSION - APPROVED Upon motion of Supervisor Dunn, seconded by Supervisor McCarthy, Christopher Fordney was re -appointed on a voice vote to the Frederick County Parks & Recreation Commission for a four-year term ending April 28, 2022, + + + + t + ..... . REQUESTS FROM THE COMMISSIONER OF THE REVENUE FOR REFUNDS Mr. Tierney explained there were four requests for refunds that have been reviewed by the County Attorney. Supervisor Slaughter moved for approval of and a corresponding supplemental appropriation for the refund request by Federal Express Corp. for $2,832.03. Supervisor Trout seconded the motion which carried as 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. DeFlaven, Jr. Aye Minute Book Number 43 Board of Supervisors Regular Meeting of 03/28/18 County of Frederick, Virginia 323 Supervisor Slaughter moved for approval of and a corresponding supplemental appropriation for the refund request by Merrimak Capital Company LLC for $3,934, Supervisor McCarthy seconded the motion which carried as 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 Supervisor Slaughter moved for approval of and a corresponding supplemental appropriation for the refund request by D L Peterson Trust for $7,517.92. Supervisor Dunn seconded the motion which carried as 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 Supervisor Dunn moved for approval of and a corresponding supplemental appropriation for the refund request by Judy Excavating & Landscaping for $7,693.04. Supervisor Slaughter seconded the motion which carried as 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 + + + + + + + + + + f + COMMITTEE BUSINESS — None PUBLIC HEARINGS (Non Planning Issues) OUTDOOR FESTIVAL PERMIT REQUEST OF WAVEL_AND FARM. LLC (Cyndie Layman) — Fergison Wedding. - APPROVED 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, April 21, 2018, from 10:00 A.M. to 10:00 P.M. on the Grounds of 1211 Marlboro Road, Stephens City, Virginia, Back Creek Magisterial District. Property Owned by Waveland Farm, LLC. Mr. Tierney said the request was for a wedding event. The applicant, Cyndie Layman, Back Creek District, said the use of her farm as a wedding venue promotes agribusiness and agritourism and will help preserve and maintain the farm. Chairman DeHaven opened the public hearing. There were no speakers. Chairman DeHaven closed the public hearing. Vice Chairman Lofton moved for approval and Supervisor Dunn seconded the motion. Vice Chairman Lofton said he met with the applicant several months ago and was concerned about the entrance to the farm. He said the applicant has now purchased land and added a much safer entrance. The motion 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 Minute Book Number U Board of Supervisors Regular Meeting of 03/28/18 County of Frederick, Virginia 324 FISCAL YEAR 2018-2019 BUDGET The Board of Supervisors of Frederick County invites comments on the Proposed Budget for the fiscal year ending June 30, 2019. Mr. Tierney presented the draft FY 2018-2019 budget using a PowerPoint presentation. He summarized the budget and noted that the increase in general fund requests is $15,482,806 with the proposed budget funding only $3,760,000 of the total requested amount. Chairman DeHaven opened the public hearing. Kitty Hockman-Nicholas, Back Creek District, said she represented the Lord Fairfax Soil and Water Conservation District. She said help is needed to correct the problems of pesticides, erosion and pollution that affect the local area, adding that the County's waterways are part of the Chesapeake Bay watershed area. She asked the Board to restore $3,000 in funding that has been cut from the requested $10,000. Marietta Walls, elected member of the Lord Fairfax Soil and Water Conservation District Board, said that Frederick County has reduced funding to the Soil and Water Conservation District through the years. Ms. Walls said the District employees give back to the community and help bring money through grants to help the County's waterways. She asked that the Board restore the funding to the $10,000 level that was given in 2009 saying more help is needed. Steve Cluss, Stonewall District, said he represented the Northern Shenandoah Valley Substance Abuse Coalition. He thanked the Board for funding the Coalition noting that the Drug Court has been successful. He said that drug testing kits are being made available to families and peer to peer counseling is being accomplished with funds from a United Way Campaign grant. Jeri Swogger, Gainesboro District, urged the Board to fully fund the requests of the School Board. She said the Board has welcomed new businesses to the County, but not the children who have come along with the County's growth, adding that the schools need funds to do a good job and provide opportunities for students. John Wright, Red Bud District, representing the Frederick County Professional Firefighter Association thanked the Board and the County Administration for support in adding staffing. He said the additional staff members have greatly added to the ability to respond to calls at the busiest fire stations. Mr. Wright said the requests in this year's budget will help add staff at the stations with fewer staff members. He encouraged the Board to approve the requested funding for staffing. Shelly Andrews, Red Bud District, implored the Board to be forward thinking. She said the one cent tax increase pushes the decision down the road. She said a three cent tax increase would be manageable and would assist the deputies, schools and firefighters that need additional funding, adding that it would be doing the right thing in the long run. Dr. John Lamanna, Stonewall District, asked the Board to fully fund the schools' request as presented. He said the request represented only the highest priority needs, adding that the request had been cut before being presented to the Board of Supervisors. Dr. Lamanna said that the $2.7 million that the School Board assumes the Board of Supervisors is planning not to fund is for critical needs. He said that 12 of the 18 County schools are over capacity. He referenced the comments about unobligated surplus funds saying those funds cannot come close to addressing the maintenance needs in the schools. Dr. Lamanna concluded saying the buzz -in Minute Book Number 43 Board of Supervisors Regular Meeting of 03/28/18 County of Frederick, Virginia 325 systems being installed are costly and that other needs will not be met in order for the systems to be installed for safety. Joy Kirk, Back Creek District and president of the Frederick County Education Association, she said that the one cent tax increase will not be difficult for homeowners and encouraged the Board to vote in favor of the increase. Carrie Ann Kite, Shawnee District, spoke in favor of the tax increase but said she believes it is not enough adding that the budget does not address needs since the growth of the County is outpacing the infrastructure. Ms. Kite said that some County Departments are budgeted with larger percentage increases than the schools and asked why the schools are being vilified. She said the schools are a larger part of the budget because they are serving more community members and are the largest employer in the area. Ms. Kite asked that the schools' request be funded. Jason Tresedder, Shawnee District, said he supports the one cent tax increase which is a good place to start and the tax rate should be higher. He referenced the earlier budget presentation which depicted the County's tax rates as being lower than most surrounding localities and said that may be the reason the County is having trouble keeping up with the needs. Mr, Tresedder noted the earlier comment that maintenance is the school's responsibility saying that if the Board of Supervisors does not fund the requests, the Schools cannot do the maintenance. He suggested that raising the tax to the median rate in the area will slow growth because the low rate is actually increasing the growth of the County. William Meyer, Red Bud District, said he is employed at Spring Arbor assisted living community which has frequent need of emergency medical services. He said the Round Hill Fire Station crews are responsive but need additional staffing. He asked the Board to fund the requested staffing for the Round Hill station. Shawn Graber, Back Creek District, said the County is in the top tenth percentile for funding per the State Board of Education web site. He said the one cent tax increase may seem like it is not much, but his taxes have gone up 40%. He asked the Board not to raise taxes. Dr. David Sovine, Superintendent of Frederick County Schools, noted that with the County growing and changing, demands on the schools are increasing. He said the funding requested by the Schools represented only the highest priority needs. Dr. Sovine said a perfect storm is brewing with the older school buildings and other needs such as emergency services, adding that the Board should commit to serving the residents of the County. Carrie Carmichael, Shawnee District, said she looked at the proposed budget. She said the County is severely underfunding the schools. She asked how the Board justified not funding capital needs like HVAC systems, roof replacements, safety project on Rt. 522, and fire alarm replacement. She said the one cent increase may not be enough but encouraged the Board to support it as a start. Joy Kirk, Back Creek District, and representing the Frederick County Education Association. She read Frederick County student proficiency statistics from the State Board of Education web site adding that she was proud to be a Frederick County school teacher. Chairman DeHaven closed the public hearing. Minute Book Number 43 Board of Supervisors Regular Meeting of 03/28/18 County of Frederick, Virginia 32E .........++} PLANNING COMMISSION BUSINESS — None BOARD LIAISON REPORTS Supervisor Trout provided an update on the last Frederick Water meeting. BOARD OF SUPERVISORS COMMENTS Supervisor Dunn noted there is an increase in the school budget from last year. He noted that the County is growing, and he projects that taxes will have to increase significantly to meet the capital requests. He outlined proposals for revenue generation other than the currently collected taxes. Supervisor Trout thanked the speakers. She said of 13 speakers, all but one was in favor of the tax increase. She said this mirrors the comments she is receiving in her district. She said she will support the increase but does not think it is adequate to cover the needs of the growing County. Supervisor Wells said it is clear that many of the schools are in need of the types of repairs that if ignored will result in the buildings being uninhabitable. He said the repairs cannot be ignored by the Board of Supervisors or the School Board. He said the Board needs to begin to appropriate the funding for the critical school needs and he wants the School Board to make sure the funds are spent on those needs. Supervisor Wells said Aylor needs to be addressed and not ignored any longer. Supervisor Wells said the public safety issue also should be addressed. He said he is against raising taxes when there is no need and when the funds are being mishandled, but he is not against raising taxes if the needs are real and the funds are well handled. He also asked that the parking issues at Clear Brook be reviewed by the Board. Vice Chairman Lofton said he has heard calls for the need to spend money, but he is in favor of more in-depth discussion and discovery about the wants and needs in the County, He said there are those calling for tax increases but there is another contingent of tax payers who are on fixed incomes and not in favor of the any tax increase. + + + + + + + + . + + + CITIZEN COMMENTS Dr. David Sovine, Superintendent of Frederick Schools, thanked the Board for the joint meeting on Aylor Middle School held earlier in the evening. He noted that the per pupil spending on Frederick County is below the state average and Frederick County has built seven schools since 2000, He noted that Frederick County's real estate tax rate of 60 cents is 10% below the state median. Amber Wallin, Opequon District, referred to the Schools Building and Grounds Committee minutes which discuss population growth. She said if the growth is not accounted for the County will be in the same overcrowding situation in the future. Ms. Wallin said the Aylor building is failing and the property has other downsides such as the location and drainage issues. Minute Book Number 43 Board of Supervisors Regular Meeting of 03/28/18 County of Frederick, Virginia 327 Carrie Takarsh said she is employed at Aylor Middle School. She said teaching in the 21st century requires a different floor plan than in older school buildings. She noted her classroom does not have enough electrical outlets, the tables are bolted to the floors which contain asbestos tile, and the narrow spacing between the bolted furniture presents safety concerns. She said communities need to invest in human capital and urged the Board to appropriate the funds to build a new Aylor school. Jerry Putt, Stonewall District, said he is the principal of Frederick County Middle School. He asked the Board to make an informed decision by coming to visit Frederick County Middle School when the students and teachers are present, adding that this will make the Board's decision easier. Jason Tresedder, Shawnee District, noted the Board has a difficult decision with speakers on all sides of the issues. He asked the Board to listen to what the majority of speakers are saying. He added that the citizens are asking for help to keep the community safe and thanked the Board for the hard work in considering the requests for funding. Sophia Guntang and Jessica Shostek, Back Creek District, said they represent the Aylor Middle School Student Council Association. They said the school needs to be replaced not renovated because of the condition of the existing building. They noted the distraction of the CO2 monitors and played a recording to demonstrate the noise. Emma Hunter, Back Creek District, said she is a student at Aylor Middle School. She said that the teachers have been asking for renovations for 10 years, but nothing has been done while they are told the whole school will be renovated soon. She said the CO2 monitors that beep all day are very disruptive to classes and asked the Board to help the situation by replacing the building. Carrie Ann Kite, Shawnee District, spoke about community. She said after moving here is 2007, she began to be involved in the community. She said she has started a group for residents to encourage involvement in the community. Ms. Kite said the community is experiencing growing pains and needs to find other solutions while addressing the urgent needs now. Avery Lundy, Opequon District, praised the teachers at Aylor and said she is being educated in a substandard building. She asked the Board to do something about the Aylor building. Bill Pitt, Back Creek District, said he has lived in the County for four years and noted that public education is an important issue. He said he did not check the tax rate before moving to the County but rather chose the County because the commitment to the schools and services is good. Adeline Wall said she is a student at Aylor Middle School. She said the lockers are small, the hallways are narrow, the science lab is small, and she hopes the Board will rebuild Aylor school. Kate Guntang, Back Creek District said she is a rising sixth grader at Aylor Middle School. She noted the CO2levels, beeping monitors, narrow hallways, and the doors that do not have locks, She asked the Board to please rebuild Aylor Middle School. Minute Book Number 43 Board of Supervisors Regular Meeting of 03/28/18 County of Frederick, Virginia 328 Walter Ourts, Shawnee District, said he has heard the School Board's proposal to rebuild Aylor described as a sales job. He agreed that it is a sales job in that the Board of Supervisors holds the money adding that the question is whether the School Board is similar to used car salesmen or honest brokers. Mr. Ourts said the School Board is akin to an honest broker adding that spending less than the $52 million is not proactive or forward thinking on the part of the Board of Supervisors. He asked the Board to appropriate the necessary funds and said that higher taxes may be necessary. Mr. Ourts said there are other tax options and special school construction grants that may be an option. He noted that crowdfunding for capital needs has been effective in other areas and should be explored as an option. Mr. Ourts asked that the Board to approve the Aylor replacement funding. Don Hier, Back Creek District, said he is a tenth grader at Sherando who attended Aylor Middle School. He said that the Aylor building is in really bad shape and asked the Board to help by rebuilding Aylor Middle School. BOARD OF SUPERVISORS COMMENTS.- None ADJOURN On motion of Vice Chairman Lofton, seconded by Supervisor Trout the meeting was adjourned at 8.55 P.M. (22,j WA- =�L . Charles S. DeHaven, Jr. Chairman, Board of Supervi Kris ey Cler Board o upervisors Minutes Prepared By:ti Ann W. Phillips Deputy Clerk, Board of Supervisors Minute Book Number 43 Board of Supervisors Regular Meeting of 03/28/18 County of Frederick, Virginia