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September 26 2018 Closed Session and Regular Meeting MinutesMINUTES REGULAR MEETING FREDERICK COUNTY BOARD OF SUPERVISORS WEDNESDAY, SEPTEMBER 26, 2018 6:00 AND 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; Mike Ruddy, Director of Planning; John Bishop, Assistant Director of Planning - Transportation; Scott Varner, Director of Information Technology; Patrick Barker, Executive Director of Frederick County Economic Development Authority; and Ann W. Phillips, Deputy Clerk to the Board of Supervisors. CALL TO ORDER Chainnan DeHaven called the meeting to order at 6:00 p.m. CLOSED SESSION Vice Chairman Lofton moved that the Board convene in closed session pursuant to section 2.2-3711 A (5) for discussion concerning a prospective business or industry where no previous announcement has been made of the business' or industry's interest in locating or expanding its facilities in the community, Supervisor Dunn seconded the motion which carried unanimously on a voice vote. At 6:20 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 convening the closed meeting were heard, discussed, or considered by the Board. Supervisor Dunn 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 At 6:22 p.m., Chairman DeHaven recessed the meeting until 7:00 p.m. CALL TO ORDER Chairman DeHaven called the meeting to order at 7:00 p.m. Minute Book 44 Board of Supervisors Meeting of 09/26/18 County of Frederick, Virginia 082 INVOCATION The Reverend Mark Carey of Fellowship Bible Church delivered the invocation. PLEDGE OF ALLEGIANCE Vice Chairman Lofton led the Pledge of Allegiance. ADOPTION OF AGENDA - APPROVED Upon motion of Supervisor Slaughter, seconded by Supervisor Dunn, the agenda was adopted on a voice vote. CITIZENS COMMENTS - NONE ADOPTION OF CONSENT AGENDA — APPROVED Mr. Tierney noted the updated draft resolution regarding the 1-81 Corridor Study which had been modified to reflect the comments of the Metropolitan Planning Organization. Upon motion of Supervisor Dunn, seconded by Supervisor Slaughter, the consent agenda was adopted on a voice vote. -Minutes: Work Session of September 11, 2018-CONSENT AGENDA APPROVAL -Minutes: Regular Meeting of September 12 2018-CONSENT AGENDA APPROVAL - Finance Committee Report Attachment 1 - CONSENT AGENDA APPROVAL - Parks and Recreation Commission Report Attachment 2 - CONSENT AGENDA APPROVAL - Resolution - Comment on 1-81 Corridor Study — Round 2 - CONSENT AGENDA APPROVAL A RESOLUTION FOR THE BOARD OF SUPERVISORS OF THE COUNTY OF FREDERICK, VIRGINIA TO COMMENT ON THE INTERSTATE 81 CORRIDOR STUDY —ROUND 2 WHEREAS, under Senate Bill 971 VDOT is conducting a corridor study for I-81; and, WHEREAS, VDOT and the Office of Intermodal Planning and Investment are seeking comment from individuals and localities on various items under study; and, WHEREAS, Frederick County representatives attended the second round of public meetings held August 22, 2018 at Lord Fairfax Community College, and WHEREAS, The Frederick County Board of Supervisors would like to encourage the reconsideration of improvements from Exits 315-317 for the list of recommended improvements due to significant safety, congestion, and access to alternative facilities concerns, and WHEREAS, The Frederick County Board of Supervisors would also like to encourage the reconsideration of widening from Exit 317 to the West Virginia State line due to significant expected growth in Frederick County and also the Proctor and Gamble Project in West Virginia, and WHEREAS, The Frederick County Board of Supervisors would continue to encourage ongoing analysis of existing truck parking shortages in our area, and WHEREAS, The Frederick County Board of Supervisors continues to support the analysis of multiple potential dedicated funding scenarios that are equitably applied, and WHEREAS, The Frederick County Board of Supervisors believes a package of dedicated funding sources as opposed to a singular source would be the best way to meet the current and long-term needs of the I-81 Corridor, and NOW, THEREFORE, BE IT RESOLVED, that the Board of Supervisors of the County of Frederick hereby submits this resolution for the second round of public comment for the I-81 corridor study and looks forward to further opportunities for continued involvement. BOARD OF SUPERVISORS COMMENTS - None Minute Book 44 Board of Supervisors Meeting of 09/25/18 County of Frederick, Virginia CITIZEN COMMENTS - None COUNTY OFFICIALS: UPDATE ON COMMUNICATION ACTIVITIES Public Information Officer Karen Vacchio provided an update on Communication Activities. COMMITTEE APPOINTMENTS LANI PENDLETON AND SHANNON MOECK APPOINTED TO WINCHESTER- FREDERICK TOURISM BUREAU - APPROVED Upon motion of Supervisor Wells, seconded by Supervisor Dunn, Lani Pendleton and Shannon Moeck were each appointed to the Winchester -Frederick Tourism Bureau for a 3-year term. The motion carried on a voice vote. COMMITTEE BUSINESS FINANCE COMMITTEE Supervisor Slaughter moved for approval of the following requests: The Public Safety Communications Director requests a General Fund supplemental appropriation in the amount of $14,166,88, This amount represents an insurance reimbursement for a lightning strike. No local funds required. The Parks & Recreation Director requests a General Fund supplemental appropriation in the amount of $2,550. This amount represents donated funds for the purchase of park benches, No local funds required. Vice Chairman Lofton seconded the motion which 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 Supervisor Slaughter moved for approval of the following request: The FCPS Finance Director requests a School Operating Fund and General Fund supplemental appropriations in the amount of $316,537.71. This amount represents a carry forward of unspent, restricted grant funds. The committee recommends approval. Supervisor Trout seconded the motion which 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 Supervisor Slaughter moved for approval of the following request: The FCPS Finance Director requests a School Operating Fund and General Fund supplemental appropriations in the amount of $186,878,76. This amount represents a carry forward of unspent FYI school operating funds for the purchase of a school bus and security equipment. Local Minute Book 44 Board of Supervisors Meeting of 09/26/18 County of Frederick, Virginia funds are required. The committee recommends approval. Supervisor Trout seconded the motion which 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 Supervisor Slaughter moved for approval of the following request: The Transportation Director requests a public hearing for a Development Projects Fund supplemental appropriation in the amount of $9,370 435.09. This amount represents additional funds for the 181 Bridge/Tevis/Roundabout/ Airport Road/Northem Y project. No local funds are required as the project costs are part of revenue sharing agreements and split between VDOT and private partners. The committee recommends holding a public hearing, Vice Chairman Lofton seconded the motion which carried on a voice vote. Supervisor Slaughter moved for approval of the following request: The Parks & Recreation Director requests a General Fund supplemental appropriation in the amount of $41 600 from proffer funds. This amount represents utility infrastructure at Northwest Sherando Park. The committee recommends approval. Supervisor Wells 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 PUBLIC HEARINGS (Non -Planning Items) — AMENDMENT TO THE 2018-2019 FISCAL YEAR BUDGET - FAILED Pursuant to Section 15.2-2507 of the Code of Virginia, 1950, as Amended, the Board of Supervisors will Hold a Public Hearing to Amend the Fiscal Year 2018-2019 Budget to Reflect: School Construction Fund Supplemental Appropriation in the Amount of $7,500,000 for the Acquisition of Land, Design and Construction of a Replacement Robert E. Aylor Middle School. Supervisor Trout stated she wanted to disclose for the record, relative to this item and pursuant to the State and Local Government Conflict of Interests Act, that she is employed by Frederick County Public Schools as a teacher and therefore is a member of a group who is or may be affected by the item, and that she is able to participate in the transaction fairly, objectively, and in the public interest. Chairman DeHaven opened the public hearing. The speakers were as follows: Shawn Graber, Back Creek District, discussed trust, respect, and integrity as they apply to the Board's budgeting procedures. He said he does not approve of the way the School Board spends money, that the old Aylor building should be designated as surplus, and the Board should not vote to amend the budget with an additional allocation for the Aylor replacement school. McKenna Southern, Opequon District, said the population is growing and that extra space in the schools is needed. She said it would be a mistake not to build a larger Aylor replacement Minute Book 44 Board of Supervisors Meeting of 09/26/18 County of Frederick, Virginia IM school. Joy Kirk, Back Creek District, said Admiral Byrd and James Wood Middle Schools exceed capacity and that attendance rezoning will be needed. She said the area is growing because of new homes that have been approved by the Board of Supervisors. She said it is appropriate to build a school that will serve the students longer. Brandi Hammond, Shawnee District, said she supports additional funding for the Aylor replacement school. She noted several new housing developments, and cited growth and the need for more space. She said she is a parent who is concerned about overcrowding, adding that denying additional funding will cost more in the long run. Carrie Ann Kite, Shawnee District, noted a recent quote from VDOT regarding 2,500 new homes within a 2.3-mile radius of exit 317 and the recently approved fire and rescue study conducted by Fitch & Associates that cited younger demographics in the urban development area. She said the Board has relied on expert studies for infrastructure and safety needs but has not done so for school planning. She asked why a smaller school would be built in the area of the county with the most growth and discussed the School Board's choice of using Best Practices for teaching philosophy models. Dr. David Sovine, Superintendent of Frederick County Public Schools, said he respectfully requested the Board approve the additional funding matching what the School Board had requested in February of this year. He said the School Board had agreed to surplus the old Aylor building once the new building is occupied. Sophia Guntang, Back Creek District, said that 60% of the County's schools are overcrowded. She said that a 160,000 square foot building rather than a 140,000 square foot building is needed. Kate Guntang, Back Creek District, said the larger sized school building is needed, and asked the Board members to think about the speeches made by those attending the meetings. Carrie Takarsh said she is a teacher at Aylor. She said underfunding Aylor when other County middle schools are already overcrowded is fiscally irresponsible. She noted growth and asked that the Board not repeat the mistake of building smaller schools. Mara Guntang, Back Creek District, noted that at the joint meeting of the School Board and Board of Supervisors the reductions required to build a 140,000 square foot building rather than a 160,000 square foot building were listed. She said she is confused about why a 160,000 square foot building is thought to be too large when considering the growth in the area. She urged the Board to approve the additional spending. Chairman DeHaven closed the public hearing. Supervisor Trout moved for approval of the resolution to amend the Fiscal Year 2018-2019 Budget to Reflect: School Construction Fund Supplemental Appropriation in the Amount of $7,500,000 for the Acquisition of Land, Design and Construction of a Replacement Robert E. Aylor Middle School. Supervisor Wells seconded the motion. Supervisor Trout stated that the additional funding was needed because of the community's exponential growth. She said it would be unwise and fiscally irresponsible to build the replacement too small. She cited past building projects that were at capacity soon after opening and said that delays cost money. Supervisor Trout referred to a letter from School Board Minute Book 44 Board of Supervisors Meeting of 09/261l8 County of Frederick, Virginia Chairman Lamanna stating that the old Aylor building would be available for surplus. She said the constituents have asked for more funding. Vice Chairman Lofton referenced the School Board changing building capacities and a January statement by school personnel that a school replacement could be built for $39 million. He said numbers keep changing, and that extra costs are a burden on the County tax payer. Supervisor McCarthy said the dilemma involves capacity, growth, and costs of that growth. He said he hoped a compromise could be reached involving the School Board's committing by a vote to declare the old Aylor building as surplus. He said he was unable to support additional funding without a commitment from the School Board to surplus the old Aylor building. Supervisor Dunn discussed building square footage. He said the Board is trying to work with the School Board to find a compromise. He noted that additional residents cost the County rather than bringing in revenue. He noted that each year a project is postponed, the debt service goes down allowing the County to borrow more easily. Supervisor Wells said he would vote in favor of the funding. He said he was disappointed that the two bodies have not come together in resolution. He noted information gained from sources in the construction industry saying a school built for $45.5 million will not be large enough considering the growth in the Opequon District. He noted that the current economy is good, but it may be different in four years. He said the tax payers would be better served by the bigger school being built now to meet the needs instead of adding on later. Supervisor Trout noted that more constituents have spoken in favor of building the larger school. She said students cannot handle postponing the building replacement. She said standards of quality are bare minimum standards, but Frederick County has historically offered more than the bare minimum. She said the tax payers want the County to spend this money. Supervisor Dunn said he was not advocating postponing the project. Vice Chairman Lofton noted that the tax revenue from a new home does not come close to covering the cost of educating one child. He noted that if extra programs are ongoing now, they could do so in the new building. He said his constituents are not in favor of giving the schools all the money they want. Chairman DeHaven said it is past time to trust the School Board to do what is in the students' best interest. He said the School board has continued to deliver excellent service and the they should be trusted to spend funds wisely and to surplus the old AyIor building as they have said they would. He said the School Board has continued to work with the County on the convenience site at Albin, He said it is time to do what is in the best interest of the community and noted that everything is expensive at the current time. The motion for approval of the resolution to amend the Fiscal Year 2018-2019 Budget to Reflect: School Construction Fund Supplemental Appropriation in the Amount of $7,500,000 for the Acquisition of Land, Design and Construction of a Replacement Robert E. Aylor Middle School failed on the following roll call vote: Blaine P. Dunn No Shannon G. Trout Aye Gary A. Lofton No Robert W. Wells Aye Minute Book 44 Board of Supervisors Meeting 009126118 County of Frederick, Virginia J. Douglas McCarthy No Judith McCann -Slaughter No PLANNING COMMISSION BUSINESS Public Hearings —None Other Planning Items - None BOARD LIAISON REPORTS CITIZEN COMMENTS Charles S. DeHaven, Jr. Aye Shawn Graber, Back Creek District, thanked the Board for voting no on the budget amendment. He said the County funds the schools at 136% of the state's recommended budget figure. He noted social media activity by school employees encouraging parents to become active on the funding issue and questioned whether this should happen on County owned equipment and during school operating hours. He said it is wrong for County resources to be used for such activities. Joy Kirk, Back Creek District, said that moving forward she hoped that the two Boards can work on trust and respect and learn to listen to each other. Dr. Sovine, Superintendent of Frederick County Public Schools, recognized the students who have participated in the meetings on the Aylor replacement project. He invited the Board members to visit the schools and talk with students and teachers. BOARD OF SUPERVISORS COMMENTS Supervisor Trout said in light of the County's growth and the cost to educate a child, it may be time for taxes to be reevaluated. ADJOURN On motion of Vice Chairman Lofton, seconded by Supervisor Wells, the meeting was adjourned at 820 p.m. Charles S. DeHaven, Jr. Chairman, Board of Supervisors Kri . Tierne Clerk, Board of 4up"Irlsors Minutes Prepared By: Ann W. Phillips Deputy Clerk, Board of Supervisors Minute Book 44 Board of Supervisors Meeting of 09/26/18 County of Frederick, Virginia 088 Board of Supervisors Minutes of September 26, 2018 - Appendix A FINANCE COMMITTEE REPORT to the BOARD OF SUPERVISORS Wednesday, September 19, 2018 8:00 a.m. 107 NORTH KENT STREET, WINCHESTER, VIRGINIA A Finance Committee meeting was held in the First Floor Conference Room at 107 North Kent Street on Wednesday, September 19, 2018 at 8:00 a.m. ATTENDEES: Committee Members Present: Judith McCann -Slaughter, Chairman; Charles DeHaven; Gary Lofton; Jeffrey Boppe; and Angela Rudolph. Non -voting liaison: Ellen Murphy, Commissioner of the Revenue. Committee Members Absent: William Orndoff, Treasurer (non -voting liaison). Staff present: Cheryl Shiffler, Finance Director; Sharon Kibler, Assistant Finance Director; Jennifer Place, Budget Analyst; Kris Tierney, County Administrator; Rod Williams, County Attorney; John Bishop, Transportation Director; LeeAnna Pyles, Public Safety Communications Director; and Jon Turkel, Assistant Parks & Recreation Director. Others Present: David Sovine, FCPS Superintendent; and Patty Camery, FCPS Executive Director of Finance. NO ACTION REQUIRED 1, The Finance Director presents FY 2018 Year End financial information. See attached, p. 3 — 10. 2, The FCPS Finance Director provides FY 2018 Year End financial information and is available for discussion. See attached, p. 11 — 36. ITEMS REQUIRING ACTION BY BOARD OF SUPERVISORS: (N) Items 5 and 8 were approved under consent agenda. 3. The FCPS Finance Director requests a School Operating Fund and General Fund supplemental appropriations in the amount of $316,537.71. This amount represents a carry forward of unspent, restricted grant funds. See attached memo, p. 37. The committee recommends approval. 4. The FCPS Finance Director requests a School Operating Fund and General Fund supplemental appropriations in the amount of $186,878,76. This amount represents a carry forward of unspent FY18 school operating funds for the purchase of a school bus and security equipment. Local funds are required. See attached memo, p. 37. The committee recommends approval. 5. O The Public Safety Communications Director requests a General Fund supplemental appropriation in the amount of $14,166.88. This amount represents an insurance reimbursement for a lightning strike. No local funds required. See attached memo, p. 38-40. 6. The Transportation Director requests a public hearing for a Development Projects Fund supplemental appropriation in the amount of $9,370,435.09. This amount represents additional funds for the 181 Bridge/Tevis/Roundabout/Airport Road/Northern Y project. No local funds are required as the project costs are part of revenue sharing agreements and split between VDOT and private partners. See attached information, p. 41-63. The committee recommends holding a public hearing, Minute Book 44 Board of Supervisors Meeting of 09f26118 County of Frederick, Virginia IM 7. The Parks & Recreation Director requests a General Fund supplemental appropriation in the amount of $41,600 from proffer funds. This amount represents utility infrastructure at Northwest Sherando Park. See attached proffer policy and request, p. 64— 65, The committee recommends approval. 8. () The Parks & Recreation Director requests a General Fund supplemental appropriation in the amount of $2.550. This amount represents donated funds for the purchase of park benches. No local funds required. See attached memo, p. 66. ITEMS FOR INFORMATION ONLY 1. The Finance Director provides a Fund 10 Transfer Report for August 2018. See attached, p. 67. 2. The Finance Director provides financial statements ending August 31, 2018. See attached, p. 68 — 78. 3. The Finance Director provides an FY 2019 Fund Balance Report ending September 14, 2018. See attached, p. 79. Respectfully submitted, FINANCE COMMITTEE Judith McCann -Slaughter, Chairman Charles DeHaven Gary Lofton Jeffrey Boppe Angela Rudolph Cheryl B. Shiffler, Finance Director Minute Book 44 Board of Supervisors Meeting of D9126118 County of Frederick, Virginia N Board of Supervisors Minutes of September 26, 2018 - Appendix B PARKS AND RECREATION COMMISSION REPORT to the BOARD OF SUPERVISORS Tuesday, September 26, 2018 7.00 p.m. 107 NORTH KENT STREET, WINCHESTER, VIRGINIA To: Jay Tibbs, Deputy County Administrator for Human S ry s From: Jason L. Robertson, Director, Parks & Recreation Dept Date: September 13, 2018 Subject: Parks and Recreation Commission Action The Parks and Recreation Commission met on September 11, 2018. Members present were: Randy Carter, Christopher Fordney, Natalie Gerometta, Gary Longerbeam, Amy Strosnider, Charles Sandy, Jr., and Robert Wells (Board of Supervisors' Non -Voting Liason). Members absent: Guss Morrison, Ronald Madagan. ITEMS REQUIRING ACTION BY BOARD OF SUPERVISORS:, None ITEMS SUBMITTED FOR INFORMATION ONLY 1. The Commission recommends using $41,600 in proffer funds to add utility installation to the Northwest Sherando project for future Park restrooms. Cc: Randy Carter, Chairman Robert Wells, Board of Supervisors' Non -Voting Liaison Minute Book 44 Board of Supervisors Meeting of 09/26/18 County of Frederick, Virginia