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HomeMy WebLinkAboutMarch 9 2022 Regular Meeting Minutes 313 MINUTES REGULAR MEETING FREDERICK COUNTY BOARD OF SUPERVISORS WEDNESDAY, MARCH 9, 2022 7:00 P.M. BOARD ROOM, COUNTY ADMINISTRATION BUILDING 107 NORTH KENT STREET, WINCHESTER, VIRGINIA ATTENDEES Board of Supervisors: Charles S. DeHaven, Jr., Chairman; J. Douglas McCarthy, Vice Chairman; Robert W. Wells; Judith McCann-Slaughter; Blaine P. Dunn; Shawn L. Graber; and Josh E. Ludwig were present. Staff present: Michael Bollhoefer, County Administrator; Roderick B. Williams, County Attorney; Jay E. Tibbs, Deputy County Administrator; Karen Vacchio, Public Information Officer; Wyatt Pearson, Planning Director; Candice Perkins,Assistant Director of Planning; Scott Varner, Director of Information Technologies; Joe Wilder, Public Works Director; 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 Dunn delivered the invocation. PLEDGE OF ALLEGIANCE Vice Chairman McCarthy led the Pledge of Allegiance. ADOPTION OF AGENDA-APPROVED The proposed agenda was adopted as presented on a voice vote following a motion by Vice Chairman McCarthy, seconded by Supervisor Dunn. CITIZEN COMMENTS No citizens wished to address the Board. Minute Book 47 Board of Supervisors Regular Meeting of March 9, 2022 County of Frederick, Virginia 314 ADOPTION OF CONSENT AGENDA—APPROVED Supervisor Slaughter moved for adoption of the consent agenda as presented. Supervisor Dunn seconded the motion. Supervisor Ludwig moved to amend the motion by removing approval of the minutes of the regular meeting of February 23 for further editing. Vice Chairman McCarthy seconded the motion which carried on a voice vote. Supervisor Slaughter's main motion as amended carried on a recorded vote as follows: Blaine P. Dunn Aye Josh E. Ludwig Aye Shawn L. Graber Aye Robert W. Wells Aye J. Douglas McCarthy Aye Charles S. DeHaven, Jr. Aye Judith McCann-Slaughter Aye -Approval of Minutes of Closed Session of February 23, 2022 - CONSENT AGENDA APPROVAL -Approval of Minutes of Joint Work Session with Middletown Town Council of February 23, 2022- CONSENT AGENDA APPROVAL -Approval of Minutes of Budget Work Session of February 23, 2022 -CONSENT AGENDA APPROVAL -Approval of Minutes of Work Session and Closed Session of March 2, 2022- CONSENT AGENDA APPROVAL -Acceptance of Public Works Committee Report of February 22, 2022 -CONSENT AGENDA APPROVAL,Appendix 1 -Approval of Request for Refunds and Supplemental Appropriations - Ryan Homes (NVR, Inc.)— $8,505.62 -CONSENT AGENDA APPROVAL -Resolution for Addition to Secondary System of State Highways—Flint Ridge—Phases 2, 3, and 3A— CONSENT AGENDA APPROVAL RESOLUTION BY THE FREDERICK COUNTY BOARD OF SUPERVISORS The Board of Supervisors of Frederick County, in a regular meeting on the 9th day of March 2022, adopted the following: WHEREAS,the streets described on the attached Form AM-4.3,fully incorporated herein by reference,are shown on plats recorded in the Clerk's Office of the Circuit Court of Frederick County;and WHEREAS, the Resident Engineer of the Virginia Department of Transportation has advised this Board that the streets meet the requirements established by the Subdivision Street Requirements of the Virginia Department of Transportation;and WHEREAS,the County and the Virginia Department of Transportation have entered into an agreement on June 9, 1993,for comprehensive stormwater detention which applies to this request for addition;and NOW,THEREFORE,BE IT RESOLVED,this Board requests the Virginia Department of Transportation to add the streets described in the attached Form AM-4.3 to the secondary system of state highways,pursuant to 33.2-705,Code Minute Book 47 Board of Supervisors Regular Meeting of March 9, 2022 County of Frederick, Virginia 315 of Virginia,and the Department's Subdivision Street Requirements; and BE IT FURTHER RESOLVED, this Board guarantees a clear and unrestricted right-of-way, as described, and any necessary easements for cuts,fills and drainage; and BE IT FURTHER RESOLVED that a certified copy of this resolution be forwarded to the Resident Engineer for the Virginia Department of Transportation. + + + + + + + + + + + + + + BOARD OF SUPERVISORS COMMENTS Vice Chairman McCarthy discussed the upcoming joint meeting with the School Board and noted that the budget documents provided by the School Board have thus far been less detailed than in other localities. + + + + + + + + + + + + + + APPOINTMENTS TO BOARDS, COMMITTEES, AND COMMISSIONS Chairman DeHaven noted that he has appointed Supervisor Slaughter to the Finance Committee as Chair. + + + + + + + + + + + + + + COMMITTEE BUSINESS—None + + + + + + + + + + + + + + PUBLIC HEARINGS (NON-PLANNING ISSUES)— None + + + + + + + + + + + + + + PLANNING COMMISSION BUSINESS - PUBLIC HEARINGS 2022-2027 CAPITAL IMPROVEMENT PLAN—ACTION POSTPONED TO APRIL 27, 2022 Assistant Panning Director Candice Perkins said the Capital Improvements Plan (CIP) is a capital facilities planning document consisting of a schedule of major capital expenditures for the County for the ensuing five-year period, as well as a category for long term projects (6 + years out). She reviewed the components of the plan. She concluded by saying that if adopted, the CIP will become a component of the Minute Book 47 Board of Supervisors Regular Meeting of March 9, 2022 County of Frederick, Virginia 316 Comprehensive Plan, which would satisfy the review requirement of Section 15.2-2232 of the Code of Virginia,which states that no public facility shall be constructed unless said facility is a"feature shown"within a jurisdiction's comprehensive plan. Chairman DeHaven opened the public comment period. Ben Savory, Shawnee District, spoke in favor of the fourth high school being returned to being listed the CIP. Sonia Marfatia-Goode, Back Creek District, spoke in favor of the fourth high school being returned to being listed on the CIP and asked about the plan for addressing the schools being over capacity. Amy Williams, Opequon District, spoke in favor of the fourth high school being returned to being listed on the CIP. Dana Newcomb, Gainesboro District, commended the Board for removing the fourth high school from the CIP and said the Board should demand that Sherando and Millbrook be expanded before considering adding a fourth high school. Jodi Yeggy, Red Bud District, discussed overcrowding in the schools,the capacity numbers changing with recommended guidelines changing, and the offer made by the Board for $9.2 million for expansion at Millbrook which she said would not have funded additional capacity for 400 students. Bryan Nuri, Opequon District, urged the Board to fund a fourth high school. Mollie Brannon, Back Creek District, discussed the old Aylor Middle School being listed as unsafe and questioned its return to the CIP for renovation and re-use. Steven Cuthrell, Red Bud District, made general remarks on school funding and said the Board does have the right to grant vouchers for use to fund private education. Martha Sparkman, Red Bud District, said it is logical not to fund requests from the schools if no information on the request is provided. David Sparkman, Red Bud District, said the School Board and the Board of Supervisors appear to be working together now that a joint meeting has been agreed upon. Christie Jett, Gainesboro District, discussed projected incomes in Frederick County and asked the Board to share its long-term plan to address growth and the schools that will be necessary. William Shaffer, Shawnee District, discussed the drop in SOL scores. He said the Superintendent's pay increase should not be tied to when teachers get a pay increase. Chairman DeHaven closed the public comment period. Supervisor Dunn moved to postpone action on the resolution approving the 2022-2027 Capital Minute Book 47 Board of Supervisors Regular Meeting of March 9, 2022 County of Frederick, Virginia 317 Improvements Plan until the April 27, 2022, regular meeting. He said the delay will allow time to review information received from the Schools and for the two Boards to meet and discuss budgeting issues. Vice Chairman McCarthy seconded the motion saying the delay is a gesture of goodwill towards the School Board since the joint meeting has been scheduled. The motion to delay action carried on a recorded vote as follows: Blaine P. Dunn Aye Josh E. Ludwig Aye Shawn L. Graber Aye Robert W. Wells Aye J. Douglas McCarthy Aye Charles S. DeHaven, Jr. Aye Judith McCann-Slaughter Aye + + + + + + + + + + + + + + BOARD LIAISON REPORTS - None CITIZEN COMMENTS Ben Savory, Shawnee District, spoke in favor of a salary increase for teachers. Sonia Marfatia-Goode, Back Creek District, reviewed portions of budgets of the School Board and the Board of Supervisors comparing the detail in each. Amy Williams, Opequon District, offered that the Board has received misinformation about the Schools' budget saying a proposed $60 million budget cut would devastate the children in the school system. Jody Yeggy, Red Bud District, discussed the recent Board action to direct the County Attorney to research funding school choice options. She said the matter was not an agenda item and did not receive public comment. She suggested the action was inappropriate because Vice Chairman McCarthy is on the Board of the private Chelsea Academy which could benefit from the decision and questioned the legality of a closed session entered by the Board to discuss the issue. Della Payne, Opequon District, noted her alarm at the position of the Board on school funding and said she supported the Board putting politics aside to fund the schools. Bob Clark, Opequon District, said he appreciated the Board's approach to a request for annexation by the Town of Middletown and spoke in support of agritourism in the County. Bryan Nuri, Opequon District, spoke about the importance of public schools. Lynda Tyler, Stonewall District, provided an update on the 2 for 2 Foundation which is seeking to fund an aquatics center and ice rink in the County. Minute Book 47 Board of Supervisors Regular Meeting of March 9, 2022 County of Frederick, Virginia 318 Tim Regan, Back Creek District, spoke about school maintenance and questioned how the Schools handle contracts for repairs. Priscilla Riddell-Bellido, Stonewall District, said while there are fine educators, she has had an issue with her son being included in a sensitive subject class that she should have been notified of and would have opted out for her son if she had known it would occur. Mark Stepongzi, Gainesboro District, said there are passions on both sides of the school funding debate, and noted the comparison of school budgets that illustrates what is not being seen regarding the Schools' budget request. Max Ransom, Shawnee District, discussed spending in other localities saying that Frederick County spends more. Steven Cuthrell, Red Bud District, said that cutting the Schools' budget does not mean cutting 5% from every department but that accountability is needed to see where cuts should be made. BOARD OF SUPERVISORS COMMENTS Vice Chairman McCarthy commended the 2 for 2 Foundation's efforts toward funding an aquatics center and ice rink. He discussed school funding saying that Frederick County has never spent less than twice the state-required minimum. He referenced the comment about the closed session and a potential conflict saying the County Attorney has never requested nor advised that the Board enter a closed session unless it was legal and justified and that he does not have a conflict of interest in his role as a Board member of a private school in another county. Supervisor Dunn noted his support for the 2 for 2 Foundation. He discussed the upcoming joint meeting with the School Board. He noted his attendance at events at the Winchester Rescue Mission and the Greenwood Volunteer Fire and Rescue Company. Supervisor Graber thanked Vice Chairman McCarthy for his efforts to show school budget requests in other localities. He concurred with the remarks that the County Attorney has never condoned a closed session that was inappropriate. He discussed the change in capacity between when the new Aylor Middle School was funded and when it was opened. Minute Book 47 Board of Supervisors Regular Meeting of March 9, 2022 County of Frederick, Virginia 319 ADJOURN On motion of Vice Chairman McCarthy, seconded by Supervisor Dunn, the meeting was adjourned at 8:33 p.m. Charles S. DeHaven, Jr. Michael Bollhoefer Chairman, Board of Supervisors County Administrator Minutes Prepared By: Ann W. Phillips Deputy Clerk, Board of Supervisors Minute Book 47 Board of Supervisors Regular Meeting of March 9, 2022 County of Frederick, Virginia 320 Board of Supervisors Meeting Minutes of March 9, 2022 - Appendix 1 PUBLIC WORKS COMMITTEE REPORT to the BOARD OF SUPERVISORS Tuesday, February 22, 2022 8:00 a.m. 107 NORTH KENT STREET, SUITE 200, WINCHESTER, VIRGINIA PUBLIC WORKS COMMITTEE ATTENDEES: Committee Members Present: Gene Fisher; Harvey E. "Ed" Strawsnyder,Jr.; Kevin Kenney Committee Members Absent:J. Douglas McCarthy; Bob Wells; and Gary Longerbeam Staff and others present:Joe C.Wilder, Director of Public Works;Jay Tibbs, Deputy County Administrator; Mike Stewart, Senior Project Manager; Gloria Puffinburger, Solid Waste Manager. (Attachment 1)Agenda Packet ITEMS FOR INFORMATION ONLY 1-Discuss expansion of the Gore Citizen Convenience Center: We discussed the need for this project. Currently, the site has open top cans which fill up quickly. On weekends,we have to close the site early because the cans fill up. By putting in a compactor,we could save at least$40,000 yearly in hauling costs due to the increased efficiencies with a larger unit that can compact the waste. It would also help us avoid early closures of the site. The capital project was proposed in the current year budget but was cut. The estimate provided in the CIP budget was$750,000. The cost estimate includes doubling the site size, site work and new improvements to include a hopper, concrete walls, new concrete pads, an overlay of asphalt over the entire site and expanded fencing. If the site work is funded, we could have the project completed by the end of the summer. We did not have a quorum for the meeting. However,the consensus of the committee members present was to move forward with obtaining funding for the project. Our request is a supplemental appropriation in the amount of$750,000. We will be taking this request to the next Finance Committee meeting for their consideration and approval. Respectfully submitted, Public Works Committee J. Douglas McCarthy, Chairman Robert W.Wells Gene E. Fisher Gary E. Longerbeam Harvey E. "Ed" Strawsnyder,Jr. Kevin Kenney Minute Book 47 Board of Supervisors Regular Meeting of March 9,2022 County of Frederick, Virginia 321 By r Joe-C.Wilder Public Works Director JCW/kco Attachments: as stated cc: Michael Bollhoefer, County Administrator Jay Tibbs, Deputy County Administrator Gloria Puffinburger, Solid Waste Manager Rod Williams, County Attorney file Minute Book 47 Board of Supervisors Regular Meeting of March 9,2022 County of Frederick, Virginia