Loading...
HomeMy WebLinkAboutFebruary 14 2024 Regular Meeting Minutes 251 MINUTES REGULAR MEETING FREDERICK COUNTY BOARD OF SUPERVISORS WEDNESDAY, FEBRUARY 14, 2024 7:00 P.M. BOARD ROOM, COUNTY ADMINISTRATION BUILDING 107 NORTH KENT STREET, WINCHESTER, VIRGINIA ATTENDEES Board of Supervisors: Josh E. Ludwig, Chairman; Judith McCann-Slaughter, Vice Chairman; Robert W. Wells; Blaine P. Dunn; Heather H. Lockridge; John F. Jewell; and Robert T. Liero were present. 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 Ludwig called the meeting to order at 7:01 p.m. INVOCATION Supervisor Liero delivered the invocation. PLEDGE OF ALLEGIANCE Vice Chairman Slaughter led the Pledge of Allegiance. ADOPTION OF AGENDA-APPROVED Vice Chairman Slaughter moved for the adoption of the draft agenda as presented. The motion was seconded by Supervisor Wells and carried on a voice vote. CITIZEN COMMENTS Bryan Nuri, Opequon District, advocated for the Board's support of the Community Eligibility Provision (CEP) to provide funding for student meals in Frederick County Public Schools. Minute Book 49 Board of Supervisors Regular Meeting of February 14, 2024 County of Frederick, Virginia 252 ADOPTION OF CONSENT AGENDA—APPROVED Vice Chairman Slaughter moved for the adoption of the consent agenda. Supervisor Wells seconded the motion which carried on the following recorded vote: Blaine P. Dunn Aye Robert T. Liero Aye John F. Jewell Aye Robert W. Wells Aye Heather H. Lockridge Aye Josh E. Ludwig Aye Judith McCann-Slaughter Aye -Approval of Minutes of Work Session and Regular Meetings of January 24, 2024—CONSENT AGENDA APPROVAL -Approval of Minutes of Work Session and Closed Session of January 31, 2024—CONSENT AGENDA APPROVAL -Approval of Minutes of Budget Work Session of February 7, 2024 —CONSENT AGENDA APPROVAL -Approval of Minutes of Joint School Board-Board of Supervisors Work Session of February 7, 2024— CONSENT AGENDA APPROVAL -Acceptance of Transportation Committee Report of January 22, 2024 - CONSENT AGENDA APPROVAL, Appendix 1 - Request from the Commissioner of the Revenue for Refund and Supplemental Appropriation: Schenker Inc - $29,554.40—CONSENT AGENDA APPROVAL - Resolution Regarding the Legacy at North Augusta, Inc., Bond Amendment—CONSENT AGENDA APPROVAL A.The Economic Development Authority of the County of Frederick,Virginia(the"Authority")has considered the application of The Legacy at North Augusta,Inc.,a Virginia nonstock corporation(the"Borrower"),requesting the Authority enter into modifications of its Residential Care Facility Revenue Bond(The Legacy at North Augusta Project), Series 2011 (the`Bonds").The Authority originally issued the Bonds in 2011 and loaned the proceeds thereof to the Borrower. B.The Borrower used the proceeds of the Bonds for the following purposes(collectively the"Project"): (i) financing a portion of the costs of acquiring a 108-unit independent living rental housing facility for seniors currently known as The Legacy at North Augusta and located at 1410A North Augusta Street, Staunton,Virginia (the"Facility"),(ii)financing certain capital improvements at the Facility,including but not limited to the costs of renovating and equipping of the Facility to convert all or a portion of the existing independent living units to assisted living units,(iii)financing a debt service reserve fund for the Bonds and(iv)financing the costs of issuing the Bonds and other eligible expenditures. C.The Authority held a public hearing on the Borrower's application on February 1,2024,as required by Section 147(f)of the Internal Revenue Code of 1986,as amended(the"Code"),and Section 15.2-4906 of the Code of Virginia of 1950,as amended(the"Virginia Code"). Section 147(f)of the Code also provides that the governmental unit having jurisdiction over the issuer of private activity bonds must approve the issuance of the Bonds. Minute Book 49 Board of Supervisors Regular Meeting of February 14, 2024 County of Frederick, Virginia 253 D.The Authority issues its bonds on behalf of the County of Frederick,Virginia(the"County");and the Board of Supervisors of the County of Frederick,Virginia(the"Board")constitutes the highest elected governmental unit of the County. E. The Authority has recommended that the Board approve the modifications of the Bonds. F.A copy of the Authority's resolution approving the modifications of the Bonds and a certificate of the public hearing have been filed with the Board. NOW,THEREFORE,IT IS RESOLVED BY THE BOARD OF SUPERVISORS OF THE COUNTY OF FREDERICK,VIRGINIA: 1.The Board approves the modifications of the Bonds by the Authority for the benefit of the Borrower,as required by Section 147(f)of the Code and Section 15.2-4906 of the Virginia Code to permit the Authority to assist the Borrower in financing the Project. 2.The approval of the modifications of the Bonds does not constitute an endorsement to a prospective purchaser of the Bonds of the creditworthiness of the Project or the Borrower. 3.As required by the Virginia Code,the Bonds shall not be deemed to constitute a debt or a pledge of the faith and credit or taxing power of the Commonwealth of Virginia or anypolitical subdivision thereof,including the Authority,the County and the City of Staunton,Virginia. 4.The modifications of the Bonds may not be entered into pursuant to this resolution until such time as all governmental approvals as required by the Virginia Code and the Code have been obtained. 5. This resolution shall take effect immediately upon its adoption. + + + + + + + + + + + + + + - Resolution for Changes in the Secondary System of State Highways: Grace Church Meadows— CONSENT AGENDA APPROVAL 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 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 Minute Book 49 Board of Supervisors Regular Meeting of February 14, 2024 County of Frederick, Virginia 254 Virginia Department of Transportation. + + + + + + + + + + + + + + - Resolution Supporting the Reduction of the Speed Limit on Back Mountain Road to 45 Miles Per Hour- CONSENT AGENDA APPROVAL A RESOLUTION SUPPORTING THE REDUCTION OF THE SPEED LIMIT ON BACK MOUNTAIN ROAD TO 45 MILES PER HOUR WHEREAS,regular concerns have been brought forth regarding speeds on Back Mountain Road by citizens and the Sheriff s Office;and WHEREAS,the Virginia Department of Transportation has studied these concerns and indicated a lowering of the speed limit can proceed with a resolution of support from the Board of Supervisors;and WHEREAS,the Sheriffs Office has issued communication to the Virginia Department of Transportation noting their willingness to enforce the speed limit; NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors of the County of Frederick supports the reduction of the Back Mountain Road speed limit to 45 miles per hour,endorses enforcement of the new speed limit by the Frederick County Sheriff,and hereby submits this resolution to the Virginia Department of Transportation for their consideration. + + + + + + + + + + + + + + - Resolution Supporting the Designation of Wardensville Pike/John Marshall Highway (Route 55)as a Virginia Byway- CONSENT AGENDA APPROVAL A RESOLUTION SUPPORTING THE DESIGNATION OF WARDENSVILLE PIKE/JOHN MARSHALL HIGHWAY(ROUTE 55) AS A VIRGINIA BYWAY WHEREAS, the John Marshall Highway/Wardensville Pike contains aesthetic and cultural value in an area of historical,natural and recreational significance;and WHEREAS,the properties lining John Marshall Highway/Wardensville Pike(Route 55)are in an area of the County designated as Rural Areas District(RA)and contain a portion of George Washington National Forest,thus reasonably protecting the aesthetic and cultural value of the highway;and WHEREAS,John Marshall Highway/Wardensville Pike meets the criteria established by the Virginia Department of Transportation (VDOT) and the Virginia Department of Conservation and Recreation (DCR) for designation as a Virginia Byway;and WHEREAS, the designation of John Marshall Highway/Wardensville Pike as a Virginia Byway would encourage travel to this road and stimulate the local economy; NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors of the County of Frederick supports the designation of John Marshall Highway/Wardensville Pike(Route 55) as a Virginia Byway and hereby submits this resolution to the Virginia Department of Transportation and the Virginia Department of Conservation and Recreation for evaluation. + + + + + + + + + + + + + + Minute Book 49 Board of Supervisors Regular Meeting of February 14, 2024 County of Frederick, Virginia 255 BOARD OF SUPERVISORS COMMENTS Supervisor Dunn referenced the latter months of 2023 when he served as Acting Chair of the Board and thanked the senior administrative staff for their help during that period. Supervisor Dunn paid tribute to Walter Cunningham on his recent passing, citing the many contributions made by Mr. Cunningham particularly in the Fire and Rescue community and at Greenwood Fire and Rescue Company. COUNTY OFFICIALS - None + + + + + + + + + + + + + + APPOINTMENTS TO BOARDS, COMMITTEES, AND COMMISSIONS MARGARITA FRANCISCO-HERNANDEZ APPOINTED TO SOCIAL SERVICES BOARD - APPROVED Supervisor Slaughter moved for the appointment of Margarita Francisco-Hernandez to the Social Services Board to fill an unexpired term ending June 30, 2025. Supervisor Wells seconded the motion which carried on a voice vote. PATRICK SOWERS APPOINTED AS AT-LARGE MEMBER ON THE FREDERICK-WINCHESTER SERVICE AUTHORITY—APPROVED Supervisor Slaughter moved for the appointment of Patrick Sowers as at-large member (jointly appointed with the City of Winchester) on the Frederick-Winchester Service Authority for a 4-year term. Supervisor Wells seconded the motion which carried on a voice vote. + + + + + + + + + + + + + + Minute Book 49 Board of Supervisors Regular Meeting of February 14, 2024 County of Frederick, Virginia 256 COMMITTEE BUSINESS—None PUBLIC HEARINGS (Non Planning Issues)- None PLANNING COMMISSION BUSINESS—PUBLIC HEARINGS - None PLANNING COMMISSION BUSINESS -OTHER PLANNING BUSINESS—None BOARD LIAISON REPORTS - None CITIZEN COMMENTS - None BOARD OF SUPERVISORS COMMENTS Supervisor Wells echoed the earlier remarks of Supervisor Dunn honoring Walter Cunningham. Chairman Ludwig commented on the recent Super Bowl and noted that Frederick County graduate of Millbrook High School, Nazeeh Johnson, earned his second Super Bowl ring. ADJOURN On motion of Vice Chairman Slaughter, seconded by Supervisor Lockridge, the meeting was adjourned at 7:17 p.m. Josh E. Ludwig 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 February 14, 2024 County of Frederick, Virginia 257 Board of Supervisors Meeting Minutes of February 14, 2024 - Appendix 1 TRANSPORTATION COMMITTEE REPORT to the BOARD OF SUPERVISORS Monday,January 22, 2024 8:30 a.m. 107 NORTH KENT STREET, WINCHESTER, VIRGINIA ATTENDEES: Committee Members Present: Judith McCann-Slaughter Chair (Voting), Will Weber (Voting), Donald Capps (Voting),Josh Ludwig (Voting) and Robert Liero (Voting). Committee Members Absent: Brandon Monk(Voting)and Lewis Boyer(Liaison Stephens City). Staff Present:John Bishop,Assistant Director and Kathy Smith, Secretary. ITEMS REQUIRING ACTION BY BOARD OF SUPERVISORS: Virginia Byway Designation Request for Wardensville Pike (Route 55): Upon a motion made by Josh Ludwig,and seconded by Donald Capps,the Committee recommends forwarding a resolution to the Board in support to designate Wardensville Pike/John Marshall Highway as a Virginia Byway. Support to reduce the speed limit on Back Mountain Road: Upon a motion by Robert Liero, seconded by Donald Capps, the Committee recommends supporting the Sheriff's Department request to the Board for lowering the speed limit on Back Mountain Road to 45 mph. ITEMS FOR INFORMATION ONLY: Review of Meeting Time: By consensus the Committee chose to leave the meeting time as scheduled. Route 37 (Eastern Frederick Transportation) Update: McCormick Taylor, representatives of the firm conducting the study on behalf of the County, updated the Committee on the study progress. The 2050 no-build on the traffic analysis has been completed, a web map has been updated to include the most recent demographic and 2050 no build data.The preliminary findings to benefit the SmartScale pre-application are targeted for Spring 2024. Future activities include gathering more public comments on the presented transportation needs and reviewing those projects to address those needs. Winchester Frederick Metropolitan Planning Organization (WinFred MPO) Transit Study: Lib Rood, of the KFH Group discussed the public surveys and scope of work for the Winchester- Frederick County MPO Transit Feasibility Study with an update. Ms. Rood discussed how the scope of work will be conducted on all routes to help identify the transportation needs in the area. Minute Book 49 Board of Supervisors Regular Meeting of February 14,2024 County of Frederick, Virginia 258 Capital Improvement Plan Update: The annual update of the Capital Improvement Plan is ongoing. Staff reviewed the most recent Transportation section update that was adopted by the Board on September 27, 2023. Given that the most recent update and several studies under development that have the potential to significantly impact the project list,Staff is recommending that at this time only to update the cost of inflation at 5%.The Committee approved unanimously the recommendations. County Project Updates: Renaissance Drive: The updated agreements with CSX have been finalized and construction continues at the site. Gainesboro Road/Route 522 Intersection Project: Staff are waiting for a determination from VDOT's Innovative Intersection Committee on the signal justification report that was previously submitted. Other: Mark Merrill, CTB spoke on the 181 Corridor Improvement Program (CIP) projects along with the Smartscale application changes that had been discussed at the Virginia Governor's Transportation Conference at the beginning of January. The Board recommended modifying the Transportation Land Use factor in the next SmartScale process in the Spring. The Staff is currently in discussions with VDOT on administering an agreement on locally funded maintenance projects. The maintenance projects would be small and quick projects in which VDOT would be paid directly instead of going through the bid process. A draft agreement will be presented to the Committee once all the feedback has been received. Minute Book 49 Board of Supervisors Regular Meeting of February 14,2024 County of Frederick, Virginia