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HomeMy WebLinkAboutJuly 12 2023 Regular Meeting Minutes 5 MINUTES REGULAR MEETING FREDERICK COUNTY BOARD OF SUPERVISORS WEDNESDAY, JULY 12, 2023 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; Judith McCann-Slaughter; Shawn L. Graber; Robert W. Wells; and Heather H. Lockridge were present. Josh E. Ludwig was absent. 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; John Bishop, Assistant Director of Planning; Nick Sabo, Regional Airport Authority Executive Director; Mike Marciano, Director of Human Resources; Scott Varner, Director of Information Technologies; Patrick Barker, EDA Executive 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 The Reverend Ross Halbersma of New Hope Alliance Church 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 Vice Chairman Dunn, seconded by Supervisor Graber, with action postponed on the item titled Rezoning #10-22 Of Fruit Hill until August 9, 2023. The motion carried on the following recorded vote: Minute Book 49 Board of Supervisors Regular Meeting of July 12, 2023 County of Frederick, Virginia 6 Blaine P. Dunn Aye Josh E. Ludwig Absent Shawn L. Graber Aye Robert W. Wells No Heather H. Lockridge Aye Charles S. DeHaven, Jr. No Judith McCann-Slaughter Aye ANNOUNCEMENT CONCERNING THE DISPOSITION OF REAL PROPERTY AT 901 AYLOR ROAD Chairman DeHaven announced that the Board has instructed staff to proceed with the disposition of the former Aylor Middle School building as consistent with the discussion held in Closed Session including scheduling a public hearing on the sale of the building. CITIZEN COMMENTS - None ADOPTION OF CONSENT AGENDA—APPROVED Supervisor Graber moved for the adoption of the consent agenda as presented. Supervisor Wells seconded the motion which carried on voice vote. -Approval of Closed Session &Regular Meeting Minutes of June 14, 2023 - CONSENT AGENDA APPROVAL -Acceptance of Human Resources Committee Report of June 9, 2023 -CONSENT AGENDA APPROVAL, Appendix 1 -Acceptance of Parks & Recreation Commission Report of June 13, 2023 - CONSENT AGENDA APPROVAL, Appendix 2 -Acceptance of Transportation Committee Report of June 26, 2023 - CONSENT AGENDA APPROVAL, Appendix 3 -Acknowledgment of Receipt of Certified Copies of Abstract of Votes from the Republican Primary Election of June 20, 2023 - CONSENT AGENDA APPROVAL,Appendix 4 - Employee of the Month Resolution Honoring David Foley-CONSENT AGENDA APPROVAL -Authorization for Staff to proceed with the pre-application candidates for the following Transportation Alternatives and Revenue Sharing proiects:Valley Mill Road, $686,765; Warrior Drive, $532,781; Inverlee Way, $532,781; Shawnee Drive/Valley Pike, $4,500,000; Warrior Drive/Brandy Lane, $4,085,843 -CONSENT AGENDA APPROVAL Minute Book 49 Board of Supervisors Regular Meeting of July 12, 2023 County of Frederick, Virginia 7 + + + + + + + + + + + + + + BOARD OF SUPERVISORS COMMENTS Supervisor Graber expressed support for the Eukarya Christian Academy purchase of the former Aylor Middle School building and discussed inappropriate books found in school libraries. Supervisor Lockridge said it appears there is Board support for the purchase of the former Aylor Middle School by the Eukarya Christian Academy. Vice Chairman Dunn noted that a public hearing on the sale of the old Aylor Middle School building will be held at the next regular Board meeting. COUNTY OFFICIALS EMPLOYEE OF THE MONTH AWARD PRESENTED TO DAVID FOLEY Chairman DeHaven presented the Employee of the Month Award to David Foley. APPOINTMENTS TO BOARDS, COMMITTEES, AND COMMISSIONS BRANDON MONK REAPPOINTED TO LAUREL RIDGE COMMUNITY COLLEGE BOARD— APPROVED On motion of Supervisor Graber, seconded by Supervisor Wells, Brandon Monk was reappointed on a voice vote to the Laurel Ridge Community College Board for a 4-year term ending June 30, 2027. + + + + + + + + + + + + + + Minute Book 49 Board of Supervisors Regular Meeting of July 12, 2023 County of Frederick, Virginia 8 PUBLIC HEARINGS (NON PLANNING ISSUES) SHENANDOAH CABLE TELEVISION, LLC FRANCHISE.- POSTPONED County Attorney Williams noted the proposed cable television franchise agreement from Shenandoah Cable Television, LLC ("Shentel"). He said he had prepared a draft motion that included a revision in response to concerns raised by Frederick Water. Chairman DeHaven opened the public comment period. Laurie Logue, Shawnee District, spoke in favor of the franchise agreement. Chairman DeHaven closed the public comment period. Vice Chairman Dunn moved that Board grant a cable television franchise to Shenandoah Cable Television, LLC, by an agreement in the form included in the Board's agenda materials for this meeting, but with the inclusion of the following language, or substantially similar language acceptable to Shenandoah Cable Television, LLC at the end of section 1.1 of the agreement: However, Public Rights of Ways shall not be construed or applied to mean or include, nor shall any provision of this Agreement be construed to convey, burden, limit or otherwise affect or authorize the Franchisee to convey, burden, limit or otherwise affect, any interest in property held or used by of any public authority or political subdivision of the Commonwealth of Virginia other than Frederick County, Virginia, including those of, held or used by Frederick County Sanitation Authority or any such other public authority or political subdivision created by or operating within the County. Supervisor Graber seconded the motion adding that the agreement will increase competition and improve service in the County. Supervisor Wells said as the liaison to Frederick Water he was aware of unpaid bills totaling $70,000 for damages to the Frederick Water system caused by Shentel crews installing fiber lines. Brian Byrd, representing Shentel, said that all but one or two of the outstanding bills had been paid and that those remaining were being adjudicated by insurance companies to determine the responsible party before payment is made. Supervisor Graber moved to postpone action on the matter until August 9 to allow time for the issue of outstanding bills to be resolved. Vice Chairman Dunn seconded the motion to postpone which carried on the following recorded vote: Blaine P. Dunn Aye Josh E. Ludwig Absent Shawn L. Graber Aye Robert W. Wells Aye Heather H. Lockridge Aye Charles S. DeHaven, Jr. Aye Judith McCann-Slaughter Aye Minute Book 49 Board of Supervisors Regular Meeting of July 12, 2023 County of Frederick, Virginia 9 + + + + + + + + + + + + + + PLANNING COMMISSION BUSINESS—PUBLIC HEARINGS REZONING #10-22 OF FRUIT HILL (EQUUS CAPITAL PARTNERS, LTD.; DTS, L.C.; AND WILLIAM 0. MINOR)—POSTPONED Chairman DeHaven opened the public hearing. The speakers were as follows: Robert Gallalee, Back Creek District, said he was sympathetic to property rights issues but has concerns about how farmland is being used. Taryn Bromser-Kloeden, Stonewall District, spoke in opposition to the rezoning. John Shallenburger, Stonewall District, spoke in support of the rezoning. Scott Lynch, Stonewall District, spoke in opposition to the rezoning. Tom Stevenson, Gainesboro District, spoke in opposition to the rezoning. Linda Reed, District unknown, spoke in opposition to data centers in the County. Chairman DeHaven closed the public hearing. The Board and Erin Swisshelm, representing the Applicant, discussed the Applicant's desire to postpone a presentation on behalf of the Applicant until the next Board meeting on August 9, 2023. Supervisor Slaughter moved to postpone action on Rezoning #10-22 until August 9, 2023. Supervisor Lockridge seconded the motion. Supervisor Graber said he would not support the motion. Vice Chairman Dunn said he agreed with the postponement but noted that much time had been spent on the matter by Board members and staff. The motion to postpone carried on a recorded vote as follows: Blaine P. Dunn Aye Josh E. Ludwig Absent Shawn L. Graber No Robert W. Wells Aye Heather H. Lockridge Aye Charles S. DeHaven, Jr. Aye Judith McCann-Slaughter Aye + + + + + + + + + + + + + + PLANNING COMMISSION BUSINESS -OTHER PLANNING BUSINESS - None Minute Book 49 Board of Supervisors Regular Meeting of July 12, 2023 County of Frederick, Virginia 10 BOARD LIAISON REPORTS - None CITIZEN COMMENTS The following spoke in favor of the Board allowing the Eukarya Christian Academy to purchase the former Aylor Middle School building in accordance with the bid submitted on behalf of Eukarya Christian Academy: Bobby Alger, Stonewall District John Van Drunen, Back Creek District Tammy Yoder, Opequon District Isaac Yoder, Opequon District Stacie Haaga, Red Bud District Ginny Proffitt, Shawnee District Kate Proffitt, Shawnee District Katie Rusk, Gainesboro District Grace Van Der Linden, Clarke County resident Lorri Van Der Linden, Clarke County resident Della DeHaven, Gainesboro, District Luke Smith, Frederick County resident Chris Sakai, Back Creek District Jeff Hildreth, Berkeley County resident Lee Reams, Gainesboro District Jodie Hewitt, Back Creek District Ross Hewitt, Back Creek District Josh Phelps, Gainesboro District Trey Hensley, Shawnee District Marlisa Eyre, Back Creek District Minute Book 49 Board of Supervisors Regular Meeting of July 12, 2023 County of Frederick, Virginia 11 BOARD OF SUPERVISORS COMMENTS Supervisor Graber thanked those who spoke on behalf of Eukarya Christian Academy and discussed the recent primary election noting that two County residents had entered the race. Vice Chairman Dunn thanked those who spoke on behalf of Eukarya Christian Academy adding that he has received many emails and calls on the issue. ADJOURN On motion of Vice Chairman Dunn, seconded by Supervisor Graber, and carrying on a voice vote, the meeting was adjourned at 8:39 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 49 Board of Supervisors Regular Meeting of July 12, 2023 County of Frederick, Virginia 12 Board of Supervisors Meeting Minutes of July 12, 2023 - Appendix 1 HUMAN RESOURCES COMMITTEE REPORT TO THE BOARD OF SUPERVISORS Friday,June 9, 2023 9:00 a.m. 107 NORTH KENT STREET,WINCHESTER,VIRGINIA A Human Resources Committee meeting was held on the First Floor Conference Room at 107 North Kent Street on Friday,June 9,2023,at 9:00 a.m. ATTENDEES: Committee Members Present: Blaine Dunn,Chairman; Don Butler;and Beth Lewin. Staff present: Mike Bollhoefer,County Administrator; Rod Williams,County Attorney; Michael Marciano, HR Director; DeLois Blevins, HR Manager;and Nick Sabo,Airport Executive Director. ITEMS REQUIRING ACTION BY BOARD OF SUPERVISORS Nick Sabo,Airport Executive Director, submitted a nomination for Employee of the Month for David Foley. (Exhibit A).The committee recommends approval of David Foley as the June 2023 Employee of the Month,3 in favor&0 against. ITEM FOR INFORMATION PURPOSES ONLY The HR Committee considered a modification of the Salary Administration Program (SAP).The SAP currently lists all funded and unfunded positions in the County.The Committee agreed that unfunded positions be deleted from the SAP. (Exhibit B). Mike Bollhoefer updated the Committee on the efforts that are being taken at the County to address and/or improve the following areas: 1. Training, 2. Career Ladders, 3. Employee Performance Evaluations,and 4. Employee Recognition. The HR Committee supports the efforts in these areas. Respectfully submitted, HUMAN RESOURCES COMMITTEE Blaine Dunn,Chairman Don Butler Beth Lewin Kim McDonald By Michael J. Marciano, Director of Human Resources Minute Book 49 Board of Supervisors Regular Meeting of July 12, 2023 County of Frederick, Virginia 13 Board of Supervisors Meeting Minutes of July 12, 2023 - Appendix 2 PARKS AND RECREATION COMMISSION REPORT to the BOARD OF SUPERVISORS Tuesday,June 13,2023 7:00 p.m. 107 NORTH KENT STREET,WINCHESTER,VIRGINIA The Parks and Recreation Commission met on June 12, 2023. Members present were Gary Longerbeam, Dennis Grubbs, Ronald Madagan, and Jennifer Myers. Non-voting Board Liaison, Mr. Charles Dehaven. Members absent: Guss Morrison, Natalie Gerometta, Randy Carter, Zac Franz ITEMS REQUIRING ACTION BY BOARD OF SUPERVISORS: 1. None ITEMS SUBMITTED FOR INFORMATION ONLY 1. Buildings and Grounds Committee Chairman Ronald Madagan provided a report of the June Buildings and Grounds Committee Meeting. 2. Mrs. Lynda Tyler representing the 2 For 2 Foundation provided an update on their organization's Strategic Plan, land acquisition, and Mission Statement. 3. Sarah Young, basicREC Manager provided an update on final enrollment numbers for the 2022-2023 school year(672 full-time students, 5,520 daily drop-in)for the basicREC program and provided an overview of the 2023 Camp basicREC program (406 full-time students, 396 pick-a-week students). 4. Nathan Almarode, Operations Manager, provided an overview of the 2023 Summer Aquatic Season and summer field reservations Cc: Gary Longerbeam, Chairman Charles Dehaven, Board of Supervisors' Non-Voting Liaison Minute Book 49 Board of Supervisors Regular Meeting of July 12, 2023 County of Frederick, Virginia 14 Board of Supervisors Meeting Minutes of July 12, 2023 - Appendix 3 TRANSPORTATION COMMITTEE REPORT to the BOARD OF SUPERVISORS Monday,June 26, 2023 8:30 a.m. 107 NORTH KENT STREET, WINCHESTER, VIRGINIA ATTENDEES: Committee Members Present:Judith McCann-Slaughter, Chairman (Voting), Charles DeHaven,Jr. (Voting),Josh Ludwig (Voting), Kevin Kenney (Voting), Gary Oates (Voting), Lewis Boyer(Liaison Stephens City) and Shontya Washington (Voting) participated remotely. Committee Members Absent: None Staff Present: Assistant Director,John Bishop and Kathy Smith, Secretary. ITEMS REQUIRING ACTION BY BOARD OF SUPERVISORS: Revenue Sharing and Transportation Alternatives Program Applications: Upon a motion by Charles DeHaven, Jr., seconded by Kevin Kenney, the Committee recommends that the Board authorize Staff to proceed with the preapplication candidates for the Transportation Alternatives and Revenue Sharing projects. The Transportation Alternatives projects are Valley Mill Road, Warrior Drive and Inverlee Way. The Revenue Sharing projects are Shawnee Drive/Valley Pike and Warrior Drive/Brandy Lane with potential Matching Funds from SmartsScale. The Transportation Alternatives would include improvements to Inverlee Way at the cost of$532,781,Valley Mill Road at $686,765, and Warrior Drive at $532,781. The Revenue Sharing projects cost for Shawnee Drive is at $4,500,000, and Warrior Drive/Brandy Lane is at $4,085,843. The Transportation Alternatives are VDOT managed Federal Funds at 80% Federal and 20% Local, and the Revenue Sharing are State Funded with 50%State and 50% Local. ITEMS FOR INFORMATION ONLY: County Project Updates: Renaissance Drive: The contracts have been signed with the selected contractor with payments and agreements forwarded to CSX.The notice to proceed will be issued this month. Gainesboro Road/Route 522 Intersection Project: Staff is currently waiting on VDOT to review. Route 37 Study:The consultant will soon begin interviews with the stakeholders as well as issuing a survey to the Public. Other: VDOT will be limiting the number of requests for the message boards because of the manpower involved in delivering/pickup of the boards. They will be continuing with the message boards for special events that are permitted. Staff spoke on Back Mountain Road as regards to the speed limit which will be lowered by 5 MPH. Minute Book 49 Board of Supervisors Regular Meeting of July 12, 2023 County of Frederick, Virginia 15 Board of Supervisors Meeting Minutes of July 12, 2023 - Appendix 4 ABSTRACT of VOTES Cast in FREDERICK COUNTY, VIRGINIA at the 2023 Republican Primary held on June 20, 2023 for, Member, Senate of Virginia (1st District) TOTAL VOTES RECEIVED NAMES OF CANDIDATES ON THE BALLOT (IN FIGURES) 1583 Brandon H. Monk - Republican 2312 Dave A. La Rock- Republican Timmy F. French - Republican 1479 363 James E. Bergida - Republican 505 Lance R. Allen - Republican S. John Massoud - Republican 456 Bradley G. Pollack- Republican 133 Blaine P. Dunn - Republican 237 Total Number of Overvotes for Office 2 We, the undersigned Electoral Board, upon examination of the official records deposited with the Clerk of the Circuit Court of the election held on June 20, 2023, do hereby certify that the above is a true and correct Abstract of Votes cast at said election for the Member, Senate of Virginia (1 st District). Given under our hands this _ day of Co n3 Chairman Vice Chairman 0 L(�I f'lr�, g _ 7 ) Secretary U Minute Book 49 Board of Supervisors Reg a e tin o , County of Frederick, Virgin' 16 ABSTRACT of VOTES Cast in FREDERICK COUNTY, VIRGINIA at the 2023 Republican Primary held on June 20, 2023 for, Member Board of Supervisors (Back Creek District) District: BACK CREEK DISTRICT NAMES OF CANDIDATES ON THE BALLOT TOTAL VOTES RECEIVED (IN FIGURES) Mollie A. Brannon 691 John F. Jewell 955 Total Number of Overvotes for Office 0 We, the undersigned State Board of Elections, upon examination of the official abstracts of votes filed with the Department of Elections for the election held on June 20, 2023, do hereby certify that the above is a true and correct abstract of votes cast at said election for the Member Board of Supervisors (Back Creek District) and do, therefore, determine and declare the following person(s) has received the greatest number of votes cast for the Member Board of Supervisors (Back Creek District). john Ejewell Given under our hands this a�.4 day of Q Chairman Vice Chairman Secretary Minute Book 49 Board of Supervisors Reguic g o �I�r�2 County of Frederick, Virgini�}' ��