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March 25 2020 Board_Agenda_PacketAGENDA BOARD OF SUPERVISORS WEDNESDAY, MARCH 25, 2020 7:00 PM BOARD MEETING ROOM 107 NORTH KENT STREET, WINCHESTER, VIRGINIA 22601 Call to Order 1. Invocation 2. Pledge of Allegiance 3. Adoption of Agenda 4. Citizen Comments –For agenda items that are not the subject of a Public Hearing 5. 6.Consent Agenda Roll Call Vote Required 6.A. Minutes of Budget Work Session of March 11, 2020 MinutesWorkSessionBOS200311.pdf 6.B. Minutes of Regular Meeting of March 11, 2020 MinutesRegularMeetingBOS200311.pdf 6.C. Parks and Recreation Commission Report of March 10, 2020 Parks&RecCommReport10March2020.pdf 6.D. Human Resources Committee Report of March 13, 2020 HRCommitteeReport13March2020.pdf 6.E.Changes to Frederick County Human Resources Policy regarding Workers’ Compensation Policy as recommended by the Human Resources Committee HRCommitteeReport13March2020.pdf 2 Board of Supervisors Regular Meeting AgendaPage 2 March 25, 2020 Consent Agenda , continued 6.F.Employee of the Month Resolution Honoring Margie Sargent EOMresolutionMarch2020.pdf 6.G.Declaration of Local Emergency LocalDeclarationCOVID-19_FINAL.pdf 6.H.Resolution to Schedule a Special Meeting April 1, 2020, for purpose of the Board acting on adoptionof the FY 20-21 budget ResolutionSchedulingSpecialMeetingApril1.pdf Board of Supervisors Comments 7. County Officials 8. 8.A. Committee Appointments Parks & Recreation Commission Vacant 4-year unexpired term ending 4/28/22 See attached application of Dennis Grubbs BoardCommitteeAppts(032520BdMtg).pdf 8.B.Adoption of Remote Meeting Participation Policy RemoteMeetingPolicy.pdf 8.C.Resolution Authorizing the Treasurer to Obtain a Line of Credit ResolutionLineOfCredit.pdf Committee Business 9.–None 3 Board of Supervisors Regular Meeting AgendaPage 3 March 25, 2020 Public Hearings (Non Planning Issues) 10. 10.A.Fiscal Year 2020-2021 Budget The Board of Supervisors of Frederick County invites comments on the Proposed Budget for the fiscal year ending June 30, 2021. ProposedFY20-21Budget.pdf Planning Commission Business -Public Hearings 11.–None Planning Commission Business -Other Planning Business 12.–None Board Liaison Reports 13. Citizen Comments 14. Board of Supervisors Comments 15. Adjourn 16. 4 5 MINUTES BUDGET WORK SESSION FREDERICK COUNTY BOARD OF SUPERVISORS WEDNESDAY, MARCH 11, 2020 6:00P.M. BOARD ROOM, COUNTY ADMINISTRATION BUILDING 107 NORTH KENT STREET, WINCHESTER, VIRGINIA ATTENDEES Board of Supervisors: Charles S. DeHaven, Jr., Chairman; Blaine P. Dunn; Judith McCann-Slaughter;J. Douglas McCarthy;Gene E. Fisher; Shawn L. Graber; andRobert W. Wells were present. Staff present: Kris C. Tierney, County Administrator; Jay E. Tibbs, Deputy County Administrator; Roderick B. Williams, County Attorney;Karen Vacchio, Public Information Officer; Scott Varner, Director of Information Technology; Cheryl Shiffler, Director of Finance; Sharon Kibler, Assistant Director of Finance; Jennifer Place, Risk Manager/Budget Analyst; Bill Orndoff, Treasurer; Seth Thatcher, Commissioner of the Revenue;Denny Linaburg, Fire & Rescue Chief; Mike Ruddy, Director of Planning;and Ann W. Phillips, Deputy Clerk to the Board of Supervisors. CALL TO ORDER Chairman DeHaven called the meeting to order at 6:00p.m. DISCUSSION The Board and County Administrator Kris Tierney discussed the budget scenariosand recently adopted General Assembly legislation regarding additional taxing authority for counties. Also discussed:earmarking proffer funds to be used for capital needs specified by the School Board, funding options for the radio system upgrade, COLA/Merit increases for employees, offering health insurance to Board members and the vehicle requests indicated by the replacement matrix. By consensus, the Board agreed to include at 3% COLA/Merit increase for employees in the budget. By consensus, the Board agreed to fund half the expected increase in health insurance premiums for employees. By consensus, the Board agreed to fund tuition assistance for employees 6 at a level of $131,000. By consensus, the Board agreed to advertise a five-cent real estate tax increase.By consensus, the Board agreed not to offer health insurance to Board members. ADJOURN At 6:48p.m., Chairman DeHaven adjourned the meeting until the 7:00p.m. regular meeting. 7 8 MINUTES REGULAR MEETING FREDERICK COUNTY BOARD OF SUPERVISORS WEDNESDAY, MARCH 11,2020 7:00P.M. BOARD ROOM, COUNTY ADMINISTRATION BUILDING 107 NORTH KENT STREET, WINCHESTER, VIRGINIA ATTENDEES Board of Supervisors: Charles S. DeHaven, Jr., Chairman; Blaine P. Dunn;Gene E. Fisher; Shawn L. Graber;Judith McCann-Slaughter;J.Douglas McCarthy andRobert W. Wells, Vice Chairmanwere present. Staff present: Kris C. Tierney, County Administrator;Jay E. Tibbs, Deputy County Administrator; Roderick B. Williams, County Attorney;Karen Vacchio, Public Information Officer; Mike Ruddy, Director of Planning and Development;John Bishop, Assistant Director of Planning and Development-Transportation; Mark Cheran, Zoning & Subdivision Administrator; Scott Varner, Director of Information Technology;and Ann W. Phillips, Deputy Clerk to the Board of Supervisors. CALL TO ORDER Chairman DeHaven called the meeting to order at 7:00p.m. INVOCATION Supervisor Dunndelivered the invocation. PLEDGE OF ALLEGIANCE Vice ChairmanWells led the Pledge of Allegiance. ADOPTION OF AGENDA –APPROVED Upon motion of SupervisorDunn,seconded by Supervisor Graber,theagendawas adopteda voice votewith the addition of remarks by Dr. Colin M. Greeneof the Lord Fairfax Health District concerning the Coronavirus pandemic. 9 Frederick County Board of Supervisors Regular Meeting Minutes * March 11, 2020 1 CORONVIRUS INFORMATION PRESENTATION Colin M. Greene MD,of the Lord Fairfax Health District provided an update on the current Coronavirus pandemic. CITIZENS COMMENTS Ruth Perrine, Back Creek District, asked that the residents of Shawneeland have achance to provide input on the Shawneeland Sanitary District budget prior to the County’s budget being finalized. Micah Jacobs, Back Creek District, agreed with the previous speaker. Lynn Schmitt, Back Creek District, said the Shawneeland Sanitary District budget should be returned to the Public Works Committee in order for the residents to be able to provide input. Brian Schmitt, Back Creek District, said the Shawneeland budget has not been balanced for five years because of personnel and operating costs. He advocated for the community having a chance to provide input on the budget. Jeff Stevens, Back Creek District, said he is on the Shawneeland Sanitary District Advisory Committee and believes the personnel costs in the budget account for too large a proportion. Eds Coleman, Gainesboro District, spoke on behalf of adjacent property owners of the subject property in Rezoning #06-19 saying his clients do not want their access restricted by Winchester Medical Center. Jimmy Smith, Back Creek District, said he is Chairman of the Shawneeland Sanitary District Advisory Committee.He said the Advisory Committee was happy with the budget last fall, but the Public Works Committee recommend changes including a fee increase in December. He said it would be a positive thing for the residents to keepthe same service levels with no increase as is currently proposed by Public Works Committee and staff. ADOPTION OF CONSENT AGENDA –APPROVED Upon motion of Supervisor Graber,seconded bySupervisor McCarthy,the consent agenda was adoptedwith the removal of the Public Works Committee report onarecorded vote as follows: : Frederick County Board of Supervisors Regular Meeting Minutes * March 11, 2020 2 Blaine P. DunnAyeGene E. Fisher Aye Shawn L. GraberAyeRobert W. WellsAye J. Douglas McCarthyAyeCharles S. DeHaven, Jr.Aye Judith McCann-SlaughterAye -Minutes of Joint Budget Work Session of February 26, 2020- CONSENT AGENDAAPPROVAL -Minutes of Regular Meeting of February 26, 2020 - CONSENT AGENDAAPPROVAL -Minutes of Called Meeting of March 5, 2020- CONSENT AGENDA APPROVAL -Transportation Committee Report of February 20, 2020 - CONSENT AGENDA APPROVAL, Appendix 1 -Meeting Schedule Adjustment for June, July, August, November, and December 2020 – CONSENT AGENDA APPROVAL -Concurring Resolution Regarding a Financing by the Northwestern Community Services Board- CONSENT AGENDA APPROVAL, WHEREAS, the Northwestern Community Services Board (the “NWCSB”) was created pursuant to Chapter 5, Title 37.2 of the Code of Virginia (1950), as amended, by resolutions of the City Council of the City of Winchester, Virginia (the “City”) and the Boards of Supervisors of Frederick County, Clarke County, Shenandoah County, Page County, and Warren County, Virginia (collectively, the “Counties”); and WHEREAS, the NWCSB has represented to the County of Frederick that it desires to borrow up to Four Million Dollars ($4,000,000) with a bridge loan with BB&T (Trust) then a permanent loan with the United States Department of Agriculture (USDA) funding, in part, the acquisition, construction, renovation, improvement and equipping of certain property located in Frederick County, Virginia, to be used, for an Outpatient Behavioral Health program and the payment of the financing costs therefore; and WHEREAS, Virginia Code Section 37.2-504(11) requires the authorization of the City Council of the City and the Boards of Supervisors of the respective Counties before the NWCSB may borrow money. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF FREDERICK COUNTY VIRGINIA, AS FOLLOWS: 1. The County hereby endorses the financing plans of the NWCSB, including a bridge loan with BB&T (Trust) and then a permanent loan with the United States Department of Agriculture (USDA) 2. To the extent required by law, if at all, the County hereby endorses and further approves any necessary or appropriate actions of the NWCSB to affect such financing. 3. Approval of this Resolution in no way constitutes any authorization for debt to be incurred on behalf of Frederick County and no debt incurred pursuant to this resolution shall in any way constitute any obligation of full faith and credit, or otherwise, of Frederick County. This Resolution shall be effective immediately. -Resolution in Support of the 2020 Census- CONSENT AGENDA APPROVAL WHEREAS the U.S. Census Bureau is required by the U.S. Constitution to conduct a count of the population and provides a historic opportunity to help shape the foundation of our society and play an active 21 Frederick County Board of Supervisors Regular Meeting Minutes * March 11, 2020 3 role in American democracy; WHEREAS Frederick County Virginia is committed to ensuring every resident is counted; WHEREAS federal and state funding is allocated to communities, and decisions are made on matters of national and local importance based, in part, on census data; WHEREAS census data helps determine how many seats each state will have in the U.S. House of Representatives and is necessary for the accurate and fair redistricting of state legislative seats, county and city councils and voting districts; WHEREAS information from the 2020 Census and American Community Survey are vital tools for economic development and increased employment; WHEREAS the individual information collected by the census is confidential and protected by law; WHEREAS a united voice from business, government, community-based and faith-based organizations, educators, media and others will enable the 2020 Census message to reach more of our citizens; NOW, THEREFORE, BE IT RESOLVED that Frederick County Virginia is committed to partnering with the U.S. Census Bureau and the State of Virginia and will: 1. Support the goals and ideals for the 2020 Census and help disseminate 2020 Census information. 2. Encourage all County residents to participate in events and initiatives that will raise the overall awareness of the 2020 Census and increase participation. 3. Support Census advocates speaking to County and Community Organizations. 4. Support census takers as they complete an accurate count in our County. 5. Support all efforts to achieve a complete and accurate count of all persons within our borders. -Resolution Proclaiming National Telecommunicators Week- CONSENT AGENDA APPROVAL 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 12-18, 2020 to be National Telecommunicator’s Week in Frederick County, in honor of the men and women whose diligence and professionalism keep our county and citizens safe. + + + + + + + + + + + + + + BOARD OF SUPERVISORS COMMENTS Supervisor McCarthy said as Chairman of the Public Works Committee that there was no intention to be devious on the part of the Committee. He said the Committee would not have done 22 Frederick County Board of Supervisors Regular Meeting Minutes * March 11, 2020 4 anything to betray the residents of Shawneeland. SupervisorWells saidhe chairedthePublic Works Committee in the absence of Supervisor McCarthy and there was no intention to undermine the residents. He said it is normal that no public comment be taken at Committeemeetings. Supervisor Dunn spoke about the joint meeting with the School Board held the previous week. He said he hoped theBoards could schedule a follow-up meeting for more discussion. Supervisor Graber said he was also interested in another meeting with the School Board. He discussed his understanding from Supervisor McCarthy that Shawneeland residents would have input at a Public Works Committee meeting prior to the budget being finalized. COUNTY OFFICIALS: INTRODUCTION AND PRESENTATION BY DR. KIM BLOSSER OF LORD FAIRFAX COMMUNITY COLLEGE Dr. Kim Blosser was introduced by Mike Lake of the Lord Fairfax Community College Board of Directors. She provided a brief overview of the current status and activities at the college. COMMITTEE APPOINTMENTS KIMBERLY DODD AND RONALD SHICKLE REAPPOINTEDTO BOARD OF EQUALIZATION -APPROVED On motion of Supervisor Slaughter,seconded by Supervisor Wells,Kimberly S. Dodd and Ronald V. Shickle were each reappointedto the Board of Equalization for a three-year term ending December 31, 2022. ARTHUR KEARNS APPOINTED TO TOURISM BUREAU BOARD OF DIRECTORS – APPROVED On motion of Supervisor Dunn, seconded by Supervisor Graber,Arthur Kearnswas appointedto the Tourism Bureau Board of Directors to fill an unexpired term ending June 30, 2022. This Board action concurred inthe joint appointment of the City of Winchester’s Council on March 10, 2020. 23 Frederick County Board of Supervisors Regular Meeting Minutes * March 11, 2020 5 + + + + + + + + + + + + + + COMMITTEE BUSINESS TRANSPORTATION COMMITTEE BRIDGE CLOSURE FOR RECONSTRUCTION-BACK CREEK ROAD (ROUTE 704)- ACCEPTED Assistant Planning Director-Transportation John Bishop reviewed the VDOT proposal for bridge reconstruction on Route 704. On motion of Supervisor Graber, seconded by Supervisor McCarthy, the bridge closure planwas accepted on a voice vote. PRE-APPLICATIONS FOR THE NEXT ROUND OF SMARTSCALE -APPROVED Assistant Planning Director-Transportation John Bishop reviewed the Transportation Committee’s recommendation for the next round of SmartScale applications. Supervisor Slaughter moved that the Board authorize Staff to proceed with the following SmartScale pre-applications: 1.Modified Round three (3) Application at Exit 317: Interchange improvement realigning the northbound ramp and increasing the northbound & southbound turn lane capacities; 2.Improvement Project at Route 11/Shawnee Drive/Opequon Church Lane; and 3.Roundabout Improvement Project at Old Charlestown/Route 11. Supervisor McCarthy seconded the motion which carried on a voice vote. PUBLIC WORKS COMMITTEE REPORT OF FEBRUARY 25,2020 –ACCEPTED Appendix 1 Supervisor Graber moved for acceptance of the Public Works Committee report with the caveat that the Shawneeland budget recommendation be returned to the Public Works Committee to allow input from the Shawneeland Advisory Committee. Supervisor McCarthy seconded the motion. County AdministratorKris Tierney expressedconcern for changing the budget this late in the process. The Board discussed the ability to advertise the proposed tax increase and still having 24 Frederick County Board of Supervisors Regular Meeting Minutes * March 11, 2020 6 theopportunity to adjust the budget before it is adopted. It was agreed thePublic Works Committee will seek comment from the Advisory Committee. The motion carried on a roll call vote as follows: Blaine P. DunnAyeGene E. Fisher No Shawn L. GraberAyeRobert W. WellsAye J. Douglas McCarthyAyeCharles S. DeHaven, Jr.No Judith McCann-SlaughterNo + + + + + + + + + + + + + + PLANNING COMMISSION BUSINESS –OTHER PLANNING BUSINESS REZONING #06-19, WINCHESTER MEDICAL CENTER, INC. -DENIED Planning DirectorMike Ruddy explained the proposed minor proffer amendment for minor text revisions and revisions to the approved Generalized Development Plan (GDP) associated with Rezoning #02-03 which rezoned parcel 53-A-68 to the B2 (General Business) and MS (Medical Support) Districts with proffers. He said the approved GDP labeled individual land bays with specific usesand the Applicant proposes to remove the uses shown on the proffered GDP to allow for potential alternative development. He added the Applicant is also proposing to remove proffer 3 from the landscape design features which required a landscaped roundaboutbecause the internal road system hasalready been constructed. Mr. Ruddy concluded saying the impacts associated with the change of use are very limited. He said the Planning Commission did not identify any concerns with therequest and recommended approval of the application at their December 18, 2019 meeting, and noted that the Board of Supervisors discussed this item on January 8, 2020, and postponed the item until January 22, 2020 to allow the Applicant to provide clarification on whether the accesswill be granted at no charge or is intended to be sold. He continued saying that following the January 8th meeting, the Applicantremoved all references on the GDP to access for the adjacent property to Botanical Boulevard. He said the proposed rezoning application remains unchangedfrom the January 22nd meeting. 25 Frederick County Board of Supervisors Regular Meeting Minutes * March 11, 2020 7 Ty Lawson, representing Winchester Medical Center, spoke about the application saying there is no reference to access of the adjacent properties. Supervisor McCarthy and Mr. Lawson discussed the question of whether the Applicant intends to charge the adjoining property owners for access through the subject property. Mr. Lawson maintained that all such decisions would be made by the Medical Center Board based on the specificsof the request. Supervisor Dunn and Mr. Lawson also discussed whether access would be granted and if any fee might be charged with Mr. Lawson saying his answer is the same as what he told Supervisor McCarthy. Supervisor McCarthy moved to deny Rezoning #06-19 for Winchester Medical Center. Supervisor Slaughter seconded the motion. Supervisor Fisher and Mr. Lawson discussed whether more time would assist in determining the question of charging the adjoining property owners for access with Mr. Lawson saying without knowing the specific plans for the properties, additional time will not be of help. The motion for denial carried on a recorded vote as follows: Blaine P. DunnAyeGene E. Fisher Aye Shawn L. GraberNoRobert W. WellsNo J. Douglas McCarthyAyeCharles S. DeHaven, Jr.Aye Judith McCann-SlaughterAye BOARD LIAISON REPORTS Supervisor Fisher provided an update on the Winchester Regional Airport. 26 Frederick County Board of Supervisors Regular Meeting Minutes * March 11, 2020 8 CITIZEN COMMENTS Jason Croasdale, Back Creek District, said he is on the Shawneeland Advisory Committee and reiterated the concerns about the budget and specifically the lack of a balanced budget. Alan Morrison, Gainesboro District, referenced a three-year old article in the Winchester Star about the County budget process. He said the budget lacks efficiency and is filled with requests that are beyond reason. Ruth Perrine, Back Creek District, complimented the County’s efforts in sending the electronic newsletter and reminders of meetings by email. Cathy Longerbeam discussed the possibility of a citizen liaison committee handling the lawsuit against the big pharmaceutical companies. BOARD OF SUPERVISORS COMMENTS Supervisor Graber proposed developing a policy on how sanitary districts are managed. Supervisor Graber expressed concern with the County’s debt. He said the debt could be reduced by cutting the proposedbudget and putting revenue from the five-cent tax increase toward reducing principalamounts. He discussed the School Board’s budget and the desire to have another joint meeting with the School Board. ADJOURN On motion of Vice Chairman Wells, seconded by Supervisor McCarthy,the meeting was adjourned at 9:18 p.m. 27 Frederick County Board of Supervisors Regular Meeting Minutes * March 11, 2020 9 28 PARKS AND RECREATION COMMISSION REPORT to the BOARD OF SUPERVISORS Wednesday March 25, 2020 7:00 p.m. 107 NORTH KENT STREET, WINCHESTER, VIRGINIA To: Jay Tibbs, Deputy County Administrator for Human Services From: Jason L. Robertson, Director, Parks & Recreation Dept. Date: March 11, 2020 Subject: Parks and Recreation Commission Action The Parks and Recreation Commission met on March 10, 2020. Members present were: Natalie Gerometta, Gary Longerbeam, Charles Sandy, Jr., Ronald Madagan, Randy Carter, and Mr. Robert Wells (Non-Voting Board Liaison). Members absent: Guss Morrison, Amy Strosnider ITEMS REQUIRING ACTION BY BOARD OF SUPERVISORS: None ITEMS SUBMITTED FOR INFORMATION ONLY 1.The Committee made a motion to seek proffer funds in the amount of $118,883 to construct the trail around Bowman Lake, seconded by Mr. Longerbeam carried unanimously (5-0). This recommendation will be forwarded to the Finance Committee prior to requiring Board of Supervisor action. 2.The Committee made a motion to allow staff to apply for a grant through the AARP Community Grants program to provide outdoor fitness equipment at Clearbrook Park, seconded by Mr. Carter carried unanimously (5-0). 3.Commission member Chris Fordney resigned effective March 9, 2020. Guss Morrison will be placed on the Finance Committee to fill the vacancy there. A new Commission member will be appointed by Redbud District Board of Supervisor representative; Mr. Blaine Dunn. 4.The Committee is recommending changes to the draft plan of the Old Charlestown Road Park after receiving public input to include adding a Pickleball Court and th replacing the 4 rectangular field with basketball courts and a futsal court, seconded by Mr. Longerbeam. Mr. Carter made a motion to add a gate to the entrance of the park, seconded by Mr. Longerbeam carried unanimously (5-0). The recommended changes will be provided to the engineer and the plan will return to the Commission in April. The draft plan and public input comments are attached for reference. Cc: Charles R. Sandy, Chairman Robert Wells, Board of Supervisors’ Non-Voting Liaison 29 2: HUMAN RESOURCES COMMITTEE REPORT to the BOARD OF SUPERVISORS Friday, March 13, 2020 9:00 a.m. 107 NORTH KENT STREET, WINCHESTER, VIRGINIA A Human Resources Committee meeting was held in the First Floor Conference Room at 107 North Kent Street on Friday, March 13, 2020 at 9:00 a.m. ATTENDEES: Committee Members Present: Blaine Dunn, Chairman; Don Butler; Beth Lewin; and Bob Wells. Staff present: Kris Tierney, County Administrator; Rod Williams, County Attorney; Michael Marciano, Director of Human Resources; DeLois Blevins, HR Manager; and Nick Sabo, Executive Director of Winchester Regional Airport. Others present: None ITEMS REQUIRING ACTION BY BOARD OF SUPERVISORS: 1.The Human Resources Department presented recommended changes to Frederick County Human Resources policy regarding Workers’ Compensation Policy (Exhibit A). Mr. Wells moved to approve the policy and Ms. Lewin seconded the motion. The committee recommends approval, 4 in favor & 0 against. 2.The Human Resources Department presented a nomination for Employee of the Month for Margie Sargent (Exhibit B). Bob Wells moved to approve the nomination and Don Butler seconded the motion. The committee recommends approval of Margie Sargent the March 2020 Employee of the Month, 4 in favor & 0 against. ITEMS FOR INFORMATION PURPOSES ONLY N/A Respectfully submitted, HUMAN RESOURCES COMMITTEE Blaine Dunn, Chairman Don Butler Beth Lewin Doug McCarthy Kim McDonald Robert (Bob) Wells By Michael J. Marciano, Director of Human Resources 31 32 33 34 35 36 37 38 39 3: HUMAN RESOURCES COMMITTEE REPORT to the BOARD OF SUPERVISORS Friday, March 13, 2020 9:00 a.m. 107 NORTH KENT STREET, WINCHESTER, VIRGINIA A Human Resources Committee meeting was held in the First Floor Conference Room at 107 North Kent Street on Friday, March 13, 2020 at 9:00 a.m. ATTENDEES: Committee Members Present: Blaine Dunn, Chairman; Don Butler; Beth Lewin; and Bob Wells. Staff present: Kris Tierney, County Administrator; Rod Williams, County Attorney; Michael Marciano, Director of Human Resources; DeLois Blevins, HR Manager; and Nick Sabo, Executive Director of Winchester Regional Airport. Others present: None ITEMS REQUIRING ACTION BY BOARD OF SUPERVISORS: 1.The Human Resources Department presented recommended changes to Frederick County Human Resources policy regarding Workers’ Compensation Policy (Exhibit A). Mr. Wells moved to approve the policy and Ms. Lewin seconded the motion. The committee recommends approval, 4 in favor & 0 against. 2.The Human Resources Department presented a nomination for Employee of the Month for Margie Sargent (Exhibit B). Bob Wells moved to approve the nomination and Don Butler seconded the motion. The committee recommends approval of Margie Sargent the March 2020 Employee of the Month, 4 in favor & 0 against. ITEMS FOR INFORMATION PURPOSES ONLY N/A Respectfully submitted, HUMAN RESOURCES COMMITTEE Blaine Dunn, Chairman Don Butler Beth Lewin Doug McCarthy Kim McDonald Robert (Bob) Wells By Michael J. Marciano, Director of Human Resources 41 42 43 44 45 46 47 48 49 4: Employee of the Month Resolution to: Awarded Margie Sargent WHEREAS, the Frederick County Board of Supervisors recognizes that the County's employees are a most important resource; andon September 9, 1992, the Board of Supervisors approved a resolution which established the Employee of the Month award and candidates for theaward may be nominated by any County employee; and WHEREAS, the Board of Supervisorsupon recommendation by the Human Resources Committeeselects one employee from those nominated; and WHEREAS,Margie Sargent has been employed by the Winchester Regional Airport Authority for about one year and during this time she has quickly learned an entirely new industry (aviation), while exemplifying outstanding customer service qualities;and WHEREAS, Margie makes the flying customers' priorities her own: namely safety above all, client satisfaction, and expedient, professional service; and WHEREAS, Margie is courteous and respectful in every customer interaction, and can be trusted to multi-task and prioritize her duties accordingly to ensure the customer's time is respectedand frequently has been recognized by customers for the quality of her service; and WHEREAS, Margie has taken it upon herself to learn aspects of airport functions beyond her role,has provided insightful feedback to management about airport operations, and regularly exceeds the standard when it comesto the expectations for job performance in the Customer Service Representative position; NOW, THEREFORE BE IT RESOLVED, by the Frederick County Board ofSupervisors this 25day of March 2020, that Margie Sargentishereby recognized as the Frederick nd County Employee of the Month for March2020; and BE IT FURTHER RESOLVED,that the Board of Supervisors extends gratitude to Margie Sargent forher outstanding performance and dedicated service and wishes her continued success in future endeavors; and BE IT FINALLY RESOLVED, that Margie Sargent ishereby entitled to all of the rights and privileges associated with this award. Board of Supervisors County of Frederick, Virginia _____________________________________ Charles S. DeHaven, Jr., Chairman 51 52 DECLARATION OF A LOCAL EMERGENCY RESOLUTION # _____ DECLARING A LOCAL EMERGENCY IN FREDERICK COUNTY, VIRGINIA WHEREAS , the Board of Supervisors of the County of Frederick does hereby find that: The President of the United States has declared a national state of emergency to exist 1. throughout the country, and the Governor of Virginia has declared a state of emergency to exist throughout the Commonwealth of Virginia as a result of the Corona Virus Pandemic (COVID-19); 2.The spread of the COVID-19 virus is a clear and present danger to the citizens and visitors of Frederick County and threatens to strain the national and local health care system, public safety and social service agencies; 3.Due to the imminent danger and possibility of prolonged duration of thepandemic, an Emergency Declaration would provide the County the ability to expedite theperformance of public work, to enterinto contracts for urgent resources, to providematerials and supplies and to take other actions necessary to protect the health and welfare of the public. NOW, THEREFORE, IT IS HEREBY PROCLAIMED by the Board ofSupervisors of the County of Frederick, Virginia that an emergency exists throughout the county, and IT IS FURTHER PROCLAIMED AND ORDERED that due to the above statedcircumstances, and after consultation with the Coordinator and Deputy Coordinator(s) ofEmergency Management, the Director of Emergency Management declared a local emergency pursuant to Section 44.146.21 of the Code of Virginia on March 17, 2020. This local emergency declaration shall remain in effect until April 30,2020during which time thepowers, functions, and duties of the Director of Emergency Management and the Emergency Services Organizations of the County of Frederick shall be those prescribed by state law and the ordinances, resolutions, and approved plan of the County of Frederick tomitigate the effects of said emergency. ADOPTED this ______ day of March 2020. Upon motion made by Supervisor ________________________, seconded by Supervisor _______________________, the above Resolution was approved by the following recorded vote: Charles S. DeHaven, Jr._____J. Douglas McCarthy_____ Blaine P. Dunn_____Judith McCann-Slaughter _____ Shawn L. Graber_____Gene E. Fisher _____ Robert W.Wells_____ A COPYTESTE: _____________________________ Kris C. Tierney Clerk, Board of Supervisors County of Frederick, Virginia RESOLUTION NO.: ________ 53 CC:Cheryl B. Shiffler, Finance Director C. William Orndoff, Jr., Treasurer 54 RESOLUTION TO SCHEDULE A SPECIAL MEETING APRIL 1, 2020 WHEREAS, in response to the current Coronavirus pandemic, the ability to hold public meetings may be curtailed; and WHEREAS, to protect the financial viability and fiscal welfare of the County it is the desire of the Board of Supervisors to maintain revenue by ensuring the timely preparation by the Treasurer of real estate and personal property tax bills; NOW THEREFORE BE IT RESOLVED, that the Board of Supervisors of Frederick County, Virginia does hereby schedule a special meeting for April 1, 2020, at 7:00 p.m.for the purpose of the Board acting on adoption of the FY 20-21 budget. th Adopted this 25day of March, 2020 Charles S. DeHaven, Jr., ChairmanRobert W. Wells Shawn L. Graber J. Douglas McCarthy Blaine P. DunnGene E. Fisher Judith McCann-Slaughter Kris C. Tierney Clerk, Board of Supervisors County of Frederick, Virginia 55 56 COUNTY of FREDERICK Office of the County Administrator Tel: 540.665.6382 Fax:540.667.0370 MEMORANDUM TO: Board of Supervisors FROM: Ann W. Phillips, Deputy Clerk DATE: March 18, 2020 RE: Committee Appointments Listed below are the vacancies/appointments due through April 2020. As a reminder, in order that everyone have ample time to review applications, and so they can be included in the agenda, please remember to submit applications prior to Friday agenda preparation. Your assistance is greatly appreciated. MARCH 2020 Conservation Easement Authority (CEA) Ron Clevenger –Frederick County Representative 1028 Welltown Road Winchester, VA 22603 Home: (540)323-0630 Term Expires: 03/23/20 Three-year term (Mr. Clevenger does not wish to serve another term.) (The Conservation Easement Authority was established in August 2005. The Authority consists of seven citizen members, one member from the Board of Supervisors and one member from the Planning Commission. Members should be knowledgeable in one or more of the following fields: conservation, biology, real estate and/or rural land appraisal, accounting, farming, or forestry. Members serve a three-year term and are eligible for reappointment.) 57 Memorandum –Board of Supervisors March 20,2020 Page 2 VACANCIES/OTHER Parks and Recreation Commission Christopher Fordney –Red Bud District Representative 104 Rebels Circle Winchester, VA 22602 Phone: (540)331-1995 Term Expires: 04/28/22 Four-year term See Attached Application of Dennis Grubbs.) ((Mr. Fordneyresigned effective March 9, 2020.) Board of Equalization Luther O. Stiles –Frederick County Representative 114 Lane Street Stephens City, VA 22655 Home: (540)869-2504 Term: 01/01/17 -12/31/19 Three-year term (Mr. Stiles does not wish to serve another term.) Vacancy –Frederick County Representative Term Expired 12/31/18 Three-year term (The Board of Equalization is composed of five members. Members must be free holders in the county. In October 2010, the Board of Supervisors appointed the Board of Equalization as a “permanent” board for subsequent reassessments. The original five members were appointed for the following terms: one member for a one-year term; one member for a two-year term; and three members for a three-year term. Going forward, all future appointments shall be for a three-year term. Recommendation for appointment/reappointment are made by the Board of Supervisors and submitted to the Judge of the Frederick County Circuit Court for final appointment.) Winchester-Frederick County Tourism Board Joint Appointment with the City of Winchester 58 Memorandum –Board of Supervisors March 20,2020 Page 3 Andy Gyurisin –Private Sector Rep. (Nerangis Management Corp. –Alamo Draft House) 177 Kernstown Commons Blvd. Winchester, VA 22602 Office: (540)667-1322, Ext. 111 Term Expires: 06/30/19 Three-year term (The Tourism Board was formed by Joint Resolution of the Board of Supervisors and the City Council in April 2001. Recommendation for appointment is contingent upon like approval by the City of Winchester.) AWP/tjp Attachment U:\\TJP\\committeeappointments\\MmosLettrs\\BoardCommitteeAppts(03252020BdMtg).docx 59 5: 61 62 COUNTY of FREDERICK Office of the County Administrator Tel: 540.665.6382 Fax:540.667.0370 M E M O R A N D U M To: Frederick County Board of Supervisors From:Ann W. Phillips, Deputy Clerk Date:March 20, 2020 Re:Remote Meeting Policy __________________________________________________________________ The Board and staff have expressed interest in the ability to conduct Board of Supervisorsmeetings with some membersparticipatingby phone when they are unable to attendthe meeting. The attached Remote Meeting Policy has been drafted incorporating the stipulations for remote meetingparticipationasdirected in the Code of Virginia.The Board must adopt a policy prior to havingany Board member remotely participateina meeting.Note that for any meeting where a member or members participates remotely, a minimum of four Board members is required to be physicallypresentto meet the requirement for a quorum. 107 North Kent StreetWinchester, Virginia 22601 63 BOARD OF SUPERVISORS REMOTE PARTICIPATION POLICY TheBoard of Supervisors adopts the following policy to permit individual Supervisors to participate via electronic communication means in Boardmeetings,as permitted by Virginia Code § 2.2-3708.2.Section 2.2-3708.2 states, with respect to such apolicy: “The policy shall be applied strictly and uniformly, without exception, to the entire membership and without regard to the identity of the member requesting remote participation or the matters that will be considered or voted on at the meeting.” ASupervisormayparticipate from a remote location when he or sheexperiencesa personal matter or medical condition or disability that prevents attendance in person. Whenever a Supervisor wishes to participate from a remote location, the following requirementsapply: On or before the day of the meeting, the Supervisor must notify Chair or, if the Supervisor who wishes to participate remote is the Chair, the Chair must notify the Vice Chair, and indicate the nature of the matter necessitating remote participation, as set forth below. The Supervisor’sabsence must be due to a personal matter or medical condition or disability that prevents attendance in person. In the case of absence due to apersonal matter (not medical/disability), o the Supervisor may not participate remotely more than twice in one calendar year, and the Supervisor shall identify the personal reason, for inclusion in the Board's minutes to note remote participation for that reason. In the case of absencedue to medical/disability reason, the minutes must o note the fact of remote participation for that reason, but minutes neednot note the particular condition/disability.There is no limit on the number of times a Supervisor may participateremotelyfor medical/disability reasons. The Supervisor must identify the location of his participation (which itself need not be open to the public), for inclusion in the Board's minutes. The Supervisor 'svoice must be audible to all persons attending the meeting in person. The Board must approve such participation on the particular occasion and note that fact in the minutes.If the Board denies participation, the Board also must note that fact in the minutes, with the reasons for disapproval.With respect to approval/denial, the Board must uniformly apply the policy (denial can only be for noncompliance with the policy). A quorum of the Board must bephysically present at the meeting location. 64 65 66 RESOLUTION AUTHORIZING THE TREASURER TO OBTAIN A LINE OF CREDIT WHEREAS, the President of the United States, the Governor of the Commonwealth of Virginia, and the Board of Supervisors of the County of Frederick have declared states of emergency to exist as a result of the coronavirus (COVID-19) pandemic; and WHEREAS, the pandemic may result in prolonged disruption to the national, state, and local economies, including the ability of local citizens and businesses to make payment of taxes and other revenues due to the County; and WHEREAS, the Board wants to ensure stable revenue flows to the County in order for the County to fulfill its financial obligations incurred as a result of its day-to-day operations and such additional functions that may result from responding to the pandemic; and WHEREAS, short-term financing, in the form of a line of credit, would assist the County by helping to provide stable revenue flows, in the event of a short-term disruption in the County’s usual tax and revenue flows; and WHEREAS, Virginia Code Section 15.2-2629 provides authority for the County to borrow funds in anticipation of the collection of the taxes and revenues for the then current fiscal year, subject to such funds being repaid within one year; THEREFORE, BE IT RESOLVED THAT, pursuant to Virginia Code Section 15.2-2629, the Board of Supervisors hereby authorizes the Treasurer to obtain a line of credit (the "Line of Credit") for the County of Frederick, in an amount not to exceed $50,000,000.00, for use, if necessary, during Fiscal Year 2020, with such instrument to terminate with respect to use during Fiscal Year 2020 by not later than March 25, 2021, and for use, if necessary, during Fiscal Year 2021, with such instrument to terminate with respect to use during Fiscal Year 2021 by not later than June 30, 2021; and BE IT FURTHER RESOLVED THAT the Board of Supervisors hereby authorizes the Treasurer to borrow funds under the Line of Credit, provided that, contemporaneous with such borrowing, the Treasurer gives notification of the same to the Board of Supervisors and the County Administrator. Adopted this 25 th day of March, 2020 Charles S. DeHaven, Jr., ChairmanRobert W. Wells Shawn L. Graber J. Douglas McCarthy Blaine P. DunnGene E. Fisher Judith McCann-Slaughter Kris C. Tierney 67 Clerk, Board of Supervisors County of Frederick, Virginia 68 69 6: 71 72 73 74