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HomeMy WebLinkAboutMarch 22 2023 Closed Session and Regular Meeting Minutes 258 MINUTES REGULAR MEETING FREDERICK COUNTY BOARD OF SUPERVISORS WEDNESDAY, MARCH 22, 2023 6:00 P.M. 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; Blaine P. Dunn, Vice Chairman; Robert W. Wells; Judith McCann-Slaughter; Shawn L. Graber; and Josh E. Ludwig were present. The Gainesboro District seat is currently vacant. Staff present: Michael Bollhoefer, County Administrator; Jay E. Tibbs, Deputy County Administrator; Roderick B. Williams, County Attorney; Karen Vacchio, Public Information Officer; Wyatt Pearson, Planning Director; Patrick Barker, EDA Executive Director; 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 6:00 p.m. CLOSED SESSION Vice Chairman Dunn moved that the Board of Supervisors of Frederick County enter a closed session pursuant to Virginia Code § 2.2-3711(A)(3) for discussion of the disposition of publicly held real property, where discussion in an open meeting would adversely affect the bargaining position or negotiating strategy of the public body, and pursuant to § 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 Wells seconded the motion which carried on a voice vote. At 6:48 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 Minute Book 48 Board of Supervisors Regular Meeting of March 22, 2023 County of Frederick, Virginia 259 of Vice Chairman Dunn, seconded by Supervisor Wells, and carrying on a voice vote. Vice Chairman Dunn 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 Graber seconded the motion which carried as follows on a recorded vote: Blaine P. Dunn Aye Josh E. Ludwig Aye Shawn L. Graber Aye Robert W. Wells Aye (Gainesboro Seat Vacant) - Charles S. DeHaven, Jr. Aye Judith McCann-Slaughter Aye RECESS At 6:49 p.m. the meeting was recessed until 7:00 p.m. REGULAR MEETING 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 Dunn led the Pledge of Allegiance. ADOPTION OF AGENDA-APPROVED The proposed agenda was adopted on a motion by Supervisor Slaughter, seconded by Supervisor Graber, which carried on a voice vote. CITIZEN COMMENTS - None Minute Book 48 Board of Supervisors Regular Meeting of March 22, 2023 County of Frederick, Virginia 260 ADOPTION OF CONSENT AGENDA—APPROVED Supervisor Slaughter moved for the 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 (Gainesboro Seat Vacant) - Charles S. DeHaven, Jr. Aye Judith McCann-Slaughter Aye -Approval of Closed Session Minutes of March 8, 2023 -CONSENT AGENDA APPROVAL -Approval of Work Session Minutes of March 8, 2023 -CONSENT AGENDA APPROVAL -Approval of Regular Meeting Minutes of March 8, 2023 -CONSENT AGENDA APPROVAL -Acceptance of Parks & Recreation Commission Report of March 14, 2023 -CONSENT AGENDA APPROVAL,Appendix 1 -Confirmation of Closure of County Offices for Annual Apple Blossom Festival, May 5, 2023 - CONSENT AGENDA APPROVAL -Resolution Proclaiming National Public Safety Telecommunicators Week -CONSENT AGENDA APPROVAL RESOLUTION PROCLAIMING NATIONAL PUBLIC SAFETY TELECOMMUNICATORS WEEK FREDERICK COUNTY,VIRGINIA APRIL 9-15,2023 WHEREAS, emergencies can occur at any time that require police,fire,or emergency medical services; and WHEREAS,when an emergency occurs,the prompt response of police officers,firefighters,and paramedics is critical to the protection of life and preservation of property; and WHEREAS, the safety of our police officers and firefighters is dependent upon the quality and accuracy of information obtained from citizens who telephone the Frederick County Department of Public Safety Communications Center; and WHEREAS, Public Safety Dispatchers are the first and most critical contact our citizens have with emergency services; and WHEREAS, Public Safety Dispatchers are the single vital link for our police officers and firefighters by monitoring their activities by radio,providing them information, and ensuring their safety;and WHEREAS, Public Safety Dispatchers of Frederick County, Virginia have contributed substantially to the apprehension of criminals, suppression of fires, and treatment of patients; and WHEREAS, each dispatcher has exhibited compassion, understanding, and professionalism during the performance of their job in the past year. NOW,THEREFORE BE IT RESOLVED that the Board of Supervisors of Frederick County,Virginia,does hereby proclaim the week of April 9-15, 2023, to be National Public Safety Telecommunicators Week in Frederick County, in honor of the men and women whose diligence and professionalism keep our county and citizens safe. + + + + + + + + + + + + + + Minute Book 48 Board of Supervisors Regular Meeting of March 22, 2023 County of Frederick, Virginia 261 BOARD OF SUPERVISORS COMMENTS Supervisor Graber discussed recent meetings saying that staff may or may not be following through on directions given by the Board. He said the residents of the Gainesboro District had been represented by Supervisor McCarthy at the January 11 budget work session when tax rates were discussed, and a consensus was reached to advertise a real estate tax rate of$0.51 per$100 of assessed value rather than the current rate of$0.61. At his request, the audio recording of a portion of the January 11 work session was replayed. He said that all the current budget requests can be met without a tax increase. He noted reports of inconsistencies in the Voter Registrar's office saying that he has asked the County Attorney to look into the matter. Supervisor Ludwig agreed with Supervisor Graber's assertion that the Board had reached a consensus to advertise a tax rate of$0.51 at the January 11 work session. He discussed reserve and capital funds saying that there are funds that are not earmarked which can be used to avoid a tax increase. Supervisor Slaughter referenced the recently received opioid settlement funds and asked that they be designated for preventive education programs in the schools and for rehabilitation efforts. COUNTY OFFICIALS - None APPOINTMENTS TO BOARDS, COMMITTEES, AND COMMISSIONS APPOINTMENT TO SHAWNEELAND SANITARY DISTRICT ADVISORY COMMITTEE—MOTION FAILED Supervisor Graber moved for the appointment of Robert Gallaleee to the Shawneeland Sanitary District Advisory Committee and the motion was seconded by Supervisor Ludwig. Supervisor Wells noted that the applicant was currently in litigation with the County and that he would not support the motion. Supervisor Graber said he had mentioned his concern about the actions of some employees and alleged that the applicant had applied for this position twice before and his applications had been lost by staff. He said the applicant was qualified and he would like to see him appointed. The motion failed on a recorded vote as follows: Blaine P. Dunn Aye Josh E. Ludwig Aye Shawn L. Graber Aye Robert W. Wells No (Gainesboro Seat Vacant) - Charles S. DeHaven, Jr. No Judith McCann-Slaughter No Minute Book 48 Board of Supervisors Regular Meeting of March 22, 2023 County of Frederick, Virginia + + + + + + + + + + + + + + 262 PUBLIC HEARINGS (NON PLANNING ISSUES) FISCAL YEAR 2023-2024 BUDGET County Administrator Michael Bollhoefer presented information on the proposed budget for FY 2023- 2024. Chairman DeHaven opened the public comment period. The speakers were as follows: Allyson Ponn of the Lord Fairfax Soil & Water Conservation District reviewed the programs offered by her organization and thanked the Board for its fiscal support. Faith Power of The Laurel Center reviewed the services provided and said the request from her organization is higher than the current level of funding to mitigate funding cuts by the Department of Criminal Justice. Jennifer Locke of Blue Ridge Legal Services, Inc., explained the services offered to low-income citizens and requested the Board fund the organization's request for the coming fiscal year. Leigh Ann Sweeney of the Lord Fairfax Health District (Health Dept.) discussed the current budget needs and workload and requested the Board fund her request for the coming fiscal year. Jimmy Roberts of Seniors First, Shenandoah Area Agency on Aging, reviewed the services provided and said the request from his organization is 10%higher than last year. Kitty Hockman-Nicholas of the Lord Fairfax Soil & Water Conservation District spoke in support of the Board funding the Conservation District as it has requested. Marvin Davis, Opequon District, spoke in support of a new fire station in the southeast portion of the County. Tim Kissler, representing the Lake Frederick & Shenandoah Homeowners Associations, spoke in support of funding for a new fire station in the southeast portion of the County. Greg Gutmeir, Northwestern Community Services Board, reviewed the services provided and said the request from his organization is 5% higher than last year. John Wright, Red Bud District resident, and president of the Frederick County Professional Firefighters Association, spoke in support of funding the fire and rescue priorities listed in the budget request. Minute Book 48 Board of Supervisors Regular Meeting of March 22, 2023 County of Frederick, Virginia 263 Brandon Thomas, Back Creek District, and representing the Winchester Rescue Mission, discussed the issue of homelessness and asked the Board to consider funding for organizations that help those in need. Holly Sanders, Back Creek District,spoke in favor of the Board funding the School Board's requested budget as presented. Ellen White, Red Bud District, and member of the School Board, spoke in favor of the Board funding the School Board's requested budget as presented. Bian Hester, Stonewall District, and member of the School Board, spoke in favor of the Board funding the School Board's requested budget as presented. Tom Hughlet, Opequon District, discussed his real estate taxes and his displeasure with the reassessment process saying his appeal had been denied. Sonia Marfatia-Goode, Back Creek District, spoke in favor of the Board funding the School Board's requested budget as presented and keeping the tax rate at$0.61 per$100 of assessed value. Lora Jarrell, Opequon District, spoke in favor of the Board funding the School Board's requested budget as presented. Shaniqua Williams, Shawnee District, spoke in favor of the Board funding the School Board's requested budget as presented. John Lamanna, Gainesboro District, and former interim School Superintendent, discussed the budget process and noted the School Board had supplied the information requested by the Board of Supervisors in the format based on the Stafford County budget document as recommended. He advocated for the Board funding the School Board's requested budget as presented. Allen Shaffer, Shawnee District, spoke in favor of the Board funding the School Board's requested budget as presented as long as there was more supervision of the Schools by the Board of Supervisors. Donald Camara, Red Bud District, discussed the tax rate of airplanes compared to vehicles and noted no property taxes are paid by the residents of Westminster Canterbury. Karen Gretsky, Gainesboro District, discussed the tax rate and said she would prefer the Board fund the Schools by$5 million more than requested to allow more bus drivers and buses to serve the residents. Chairman DeHaven closed the public comment period. + + + + + + + + + + + + + + Minute Book 48 Board of Supervisors Regular Meeting of March 22, 2023 County of Frederick, Virginia 264 PLANNING COMMISSION BUSINESS—PUBLIC HEARINGS - None PLANNING COMMISSION BUSINESS -OTHER PLANNING BUSINESS - None + + + + + + + + + + + + + + BOARD LIAISON REPORTS - None CITIZEN COMMENTS Christie Scarborough, Stonewall District, addressed remarks made by the Chairman at the previous meeting. Rodney Wine, Shawnee District, said there had been an incorrect appointment of officers of election by the Voter Registrar. Robert Gallalee, Back Creek District, read from the minutes of a hearing of the Board of Zoning Appeals. He said if more members of the Board had spoken with him, he might have been appointed to the Shawneeland Sanitary District Advisory Committee earlier in the meeting. He suggested that the developers of new residential areas should pay for a new fire station rather than the residents currently living in the County. Tim Regan, Back Creek District, addressed remarks made by the Chairman at the previous meeting. Izzy Shaffer, Shawnee District, addressed remarks made by the Chairman at the previous meeting. Allen Shaffer, Shawnee District, addressed remarks made by the Chairman at the previous meeting. BOARD OF SUPERVISORS COMMENTS Supervisor Graber noted that the County is no longer allowed to require proffers by developers because of action at the state level. He discussed the budget request of the School Board saying he still has concerns about a $127 million renovation at Sherando High School, Deep Equity being used in the school system, and funds intended for special education staff positions being used for other purposes. Supervisor Dunn discussed the budget process being similar to the one five years ago and that there is still a need for additional revenue sources. Minute Book 48 Board of Supervisors Regular Meeting of March 22, 2023 County of Frederick, Virginia 265 Supervisor Ludwig discussed the School Board Budget request saying that funds allocated last year were used by the School Board for things other than what was intended. Supervisor Wells discussed the various County funds and cautioned against using the so-called savings account to fund ongoing operating expenses. ADJOURN On motion of Vice Chairman Dunn, seconded by Supervisor Graber, and carrying on a voice vote, the meeting was adjourned at 8:55 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 48 Board of Supervisors Regular Meeting of March 22, 2023 County of Frederick, Virginia 266 Board of Supervisors Meeting Minutes of March 22, 2023 - Appendix 1 PARKS AND RECREATION COMMISSION REPORT to the BOARD OF SUPERVISORS Tuesday, March 14, 2023 7:00 p.m. 107 NORTH KENT STREET,WINCHESTER,VIRGINIA The Parks and Recreation Commission met on March 14, 2023. Members present were Gary Longerbeam, Natalie Gerometta, Dennis Grubbs, Ronald Madagan, and Jennifer Myers. Non- voting Board Liaison, Mr. Charles Dehaven. Members absent: Guss Morrison, Amy Strosnider, Randy Carter ITEMS REQUIRING ACTION BY BOARD OF SUPERVISORS: None ITEMS SUBMITTED FOR INFORMATION ONLY 1. Mr. Madagan made a motion to have staff pursue an AARP Community Challenge Grant in the amount of$6600 for permanent StoryWalk boards for Rose Hill Park, seconded by Mr. Grubbs, carried unanimously(5-0). Cc: Gary Longerbeam, Chairman Charles Dehaven, Board of Supervisors' Non-Voting Liaison Minute Book 48 Board of Supervisors Regular Meeting of March 22, 2023 County of Frederick, Virginia