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May 11 2022 Regular Meeting Minutes 379 MINUTES REGULAR MEETING FREDERICK COUNTY BOARD OF SUPERVISORS WEDNESDAY, MAY 11, 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; Shawn L. Graber; and Josh E. Ludwig were present. Blaine P. Dunn participated remotely. Staff present: Michael Bollhoefer, County Administrator;Jay E. Tibbs, Deputy County Administrator; Roderick B. Williams, County Attorney; Karen Vacchio, Public Information Officer; Scott Varner, Director of Information Technologies; 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 McCarthy led the Pledge of Allegiance. REMOTE PARTICIPATION BY SUPERVISOR DUNN -APPROVED On a motion by Vice Chairman McCarthy, seconded by Supervisor Graber, remote participation was approved on a voice vote for Supervisor Dunn to participate from Atlanta, Georgia, where he had traveled for business purposes. ADOPTION OF AGENDA-APPROVED The proposed agenda was adopted on a voice vote following a motion by Supervisor Slaughter, Minute Book 47 Board of Supervisors Regular Meeting of May 11, 2022 County of Frederick, Virginia 380 seconded by Vice Chairman McCarthy. CITIZEN COMMENTS - None ADOPTION OF CONSENT AGENDA—APPROVED Supervisor Slaughter moved for adoption of the consent agenda as presented. Supervisor Graber seconded the motion which 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 Board of Supervisors-Economic Development Authority Joint Work Session of April 27, 2022 -CONSENT AGENDA APPROVAL -Approval of Minutes of Regular Meeting of April 27, 2022 - CONSENT AGENDA APPROVAL -Approval of Minutes of Special Meeting of May 4, 2022 - CONSENT AGENDA APPROVAL + + + + + + + + + + + + + + BOARD OF SUPERVISORS COMMENTS COUNTY ADMINISTRATOR DIRECTED TO CREATE A WORKING GROUP TO MEET WITH 2 FOR 2 FOUNDATION REGARDING SUPPORT FOR AN AQUATICS CENTER/ICE RINK— APPROVED Vice Chairman McCarthy moved that the Board direct the County Administrator to create a working group to meet with 2 for 2 Foundation regarding support for an aquatics center/ice rink. Supervisor Wells seconded the motion which 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 Minute Book 47 Board of Supervisors Regular Meeting of May 11, 2022 County of Frederick, Virginia 381 + + + + + + + + + + + + + + APPOINTMENTS TO BOARDS, COMMITTEES, AND COMMISSIONS LEVI SNAPP APPOINTED TO TOURISM BOARD—APPROVED On motion of Supervisor Slaughter, seconded by Vice Chairman McCarthy and carrying on a voice vote, Levi Snapp was appointed to a three-year term on the Tourism Board beginning on July 1, 2022. KERMIT GAITHER REAPPOINTED TO SOCIAL SERVICES BOARD—APPROVED On motion of Supervisor Graber, seconded by Vice Chairman McCarthy and carrying on a voice vote, Kermit Gaither was reappointed to a four-year term ending June 30,2026, on the Social Services Board. DEVELOPMENT IMPACT MODEL OVERSIGHT COMMITTEE APPOINTMENTS—APPROVED Supervisor McCarthy moved to appoint the following to one-year terms on the Development Impact Model Oversight Committee: Michael Bollhoefer-County Administration Representative Charles S. DeHaven, Jr. -Board of Supervisors Representative Judith McCann-Slaughter-Board of Supervisors and EDA Representative Elizabeth Kozel -Planning Commission Representative John Jewell -Planning Commission Representative Stephen Pettler-Top of Virginia Building Assoc. Rep. Rob Frogale -Top of Virginia Building Assoc. Rep. Bradley Comstock (appointed as the School Board Representative in Jan. 2022) Brandon Monk (appointed as the School Board Representative—Alternate in Jan. 2022) The motion, seconded by Supervisor Wells, carried on a voice vote. + + + + + + + + + + + + + + Minute Book 47 Board of Supervisors Regular Meeting of May 11, 2022 County of Frederick, Virginia 382 PUBLIC HEARINGS (NON PLANNING ISSUES) PROPOSED ORDINANCE—SALARIES OF THE BOARD OF SUPERVISORS (FY 2022-2023)— APPROVED The Board and County Attorney Williams discussed the advertised salaries as being maximum amounts which are $2000 higher than the current Board salaries. Chairman DeHaven opened the public hearing. No one wished to address the Board. Chairman DeHaven closed the public hearing. Vice Chairman McCarthy moved that the Board set the FY 2022-2023 Board Salaries at the current rates as follows: Chairman, $10,800;Vice Chairman, $10,200; and Each Other Member of the Board of Supervisors at$9,000. Supervisor Graber seconded the motion. Supervisor Dunn spoke in favor of raising the salaries saying the rate has not been increased for 22 years. The motion to set the FY 2022-2023 Board Salaries at the current rates carried on a recorded vote as follows: Blaine P. Dunn No Josh E. Ludwig Aye Shawn L. Graber Aye Robert W. Wells No J. Douglas McCarthy Aye Charles S. DeHaven, Jr. Aye Judith McCann-Slaughter Aye ORDINANCE SALARIES OF BOARD OF SUPERVISORS FISCAL YEAR 2022-2023 BE IT ORDAINED, the annual salary for each member of the Frederick County Board of Supervisors, for fiscal year beginning July 1,2022, shall be as follows: Chairman, 510,800;Vice Chairman, 510,200; and Each Other Member of the Board of Supervisors at$9,000. + + + + + + + + + + + + + + Minute Book 47 Board of Supervisors Regular Meeting of May 11, 2022 County of Frederick, Virginia 383 BOARD LIAISON REPORTS Supervisor Ludwig noted the Social Services Department is considering becoming what is known as a deviating agency and using more services of County Administration and therefore deviating, as allowed by state law, from following all state-level policies and procedures for its operation. CITIZEN COMMENTS Lora Jarrell, Opequon District, spoke about the School Budget adoption at the previous Board meeting. She also read a statement from her daughter regarding the School Budget. Gregory Gallagher, Back Creek District, spoke in favor of an ordinance allowing chickens as pets in the R-5 zoning district. BOARD OF SUPERVISORS COMMENTS Supervisor Graber said he had received several calls about allowing chickens on residential properties and will be resubmitting an ordinance regarding this for a vote by the Board in June. Supervisor Wells noted that Chairman DeHaven had proclaimed May 14 as Apraxia Awareness Day. Supervisor Ludwig asked the Board to reach a consensus on finding options for relief from the tax increase caused by the rise in used vehicle values. He also commented that the School Board had adopted a budget with cuts that the Board of Supervisors had hoped would not occur, instead directing those funds to projects not included in the School Board Budget Request. COUNTY ATTORNEY DIRECTED TO DRAFT AN ORDINANCE ADDRESSING REFUNDS OF PERSONAL PROPERTY TAX FOR CONSIDERATION BY THE BOARD—APPROVED Supervisor McCarthy moved that the Board direct the County Attorney to draft an ordinance addressing refunds of personal property tax for consideration by the Board. Supervisor Graber seconded the motion saying he had been in favor of a lower tax rate when the budget was adopted. The motion carried on a recorded vote as follows: Blaine P. Dunn Aye Josh E. Ludwig Aye Shawn L. Graber Aye Robert W. Wells Aye Minute Book 47 Board of Supervisors Regular Meeting of May 11, 2022 County of Frederick, Virginia 384 J. Douglas McCarthy Aye Charles S. DeHaven, Jr. No Judith McCann-Slaughter Aye Supervisor Graber commented on the budget adopted by the School Board and the behavior of some attendees at the previous meeting of the Board of Supervisors. ADJOURN On motion of Vice Chairman McCarthy, seconded by Supervisor Graber,the meeting was adjourned at 7:30 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 May 11, 2022 County of Frederick, Virginia