March 25 2020 Regular Meeting Minutes318
MINUTES
REGULAR MEETING
FREDERICK COUNTY BOARD OF SUPERVISORS
WEDNESDAY, MARCH 25, 2020
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; Gene E. Fisher;
Shawn L, Graber; Judith McCann -Slaughter; J. Douglas McCarthy and Robert W, Wells, Vice
Chairman 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, Finance Director; Jennifer Place,
Risk Manager/Budget Analyst; Bill Orndoff, Treasurer; and Ann W. Phillips, Deputy Clerk to the
Board of Supervisors.
CALL TO ORDER
Chairman DeHaven called the meeting to order at 7:00 p.m.
INVOCATION
Supervisor Dunn delivered the invocation.
PLEDGE OF ALLEGIANCE
Vice Chairman Wells led the Pledge of Allegiance.
ADOPTION OF AGENDA — APPROVED
Upon motion of Supervisor Slaughter, seconded by Supervisor McCarthy, the agenda was
adopted as amended on a voice vote.
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Board of Supervisors Regular Meeting, of March 2S, 2020
County of ✓~rederick, Virginia
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MALIM
CITIZENS COMMENTS - None
ADOPTION OF CONSENT AGENDA — APPROVED
Upon motion of Supervisor Dunn, seconded by Supervisor Slaughter, the consent agenda
was adopted on a recorded vote as follows;
Blaine P. Dunn Aye Gene E, Fisher Aye
Shawn L. Graber Aye Robert W. Wells Aye
J. Douglas McCarthy Aye Charles S. DeHaven, Jr. Aye
Judith McCann -Slaughter Aye
- Minutes of Budget Work Session of March 11, 2020 - CONSENT AGENDAAPPROVAL
- Minutes of Regular Meeting of March 11, 2020 - CONSENT AGENDAAPPROVAL
- Parks and Recreation Commission Report of March 10, 2020 CONSENT AGENDA APPROVAL
Appendix t
- Human Resources Committee Report of March 13, 2020 - CONSENT AGENDA APPROVAL,
Appendix 2
- Meeting Schedule Adjustment for June, July, August, November, and December 2020 —
CONSENT AGENDA APPROVAL
-Employee of the Month Resolution Honaring MaLgie Sargent - CONSENT AGENDA APPROVAL
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 respected and 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 comes to the expectations for job performance in the Customer Service Representative position;
NOW, THEREFORE BE IT RESOLVED, by the Frederick County Board of Supervisors this 25nd day of
March 2020, that Margie Sargent is hereby recognized as the Frederick County Employee of the Month for
March 2020; and
HE IT FURTHER RESOLVED, that the Board of Supervisors extends gratitude to Margie Sargent for her
outstanding performance and dedicated service and wishes her continued success in future endeavors; and
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Board o f Supervisors Regular Meeting o f March 25, 2020
County of Frederick, Virginia
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BE IT FINALLY RESOLVED, that Margie Sargent is hereby entitled to all of the rights and privileges
associated with this award.
• Changes to Frederick County Human Resources Policy regarding Workers'
_Compensation Policy as recommended by the Human Resources_ Committee —
CONSENT AGENDA APPROVAL,
The approved changes are highlighted in the attached Human Resources Committee
Report - Appendix 2 of these minutes.
BOARD OF SUPERVISORS COMMENTS
Chairman DeHaven made a statement recognizing the efforts of the County's citizens and
staff regarding the ongoing Coronavirus pandemic,
Supervisor Dunn presented information regarding the budget process and highlighted the
history of the schools' budget requests in recent years.
Supervisor Graber presented information regarding his recent request for additional data
from the School Superintendent and School Board.
COUNTY OFFICIALS:
COMMITTEE APPOINTMENTS
DENNIS GRUBBS APPOINTED TO PARKS AND RECERATION COMMISSION - APPROVED
On motion of Supervisor Dunn, seconded by Supervisor Wells, the Board appointed
Dennis Grubbs on a voice vote to the Parks and Recreation Commission to fill an unexpired term
ending April 28, 2022.
REMOTE MEETING POLICY ADOPTION — APPROVED
On motion of Supervisor McCarthy, seconded by Supervisor Graber, the Board adopted
the Remote Meeting Policy on a voice vote.
BOARD OF SUPERVISORS REMOTE PARTICIPATION POLICY
The Board of Supervisors adopts the following policy to permit individual Supervisors to participate via
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Board of Supervisors Regular Meeting of March 25, 2020
County of Frederick, Virginia
321
electronic communication means in Board meetings, as permitted by Virginia Code § 2.2-3708.2.
Section 2.2-3708.2 states, with respect to such a policy: "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,"
A Supervisor may participate from a remote location when he or she experiences a personal matter or
medical condition or disability that prevents attendance in person.
Whenever a Supervisor wishes to participate from a remote location, the following requirements apply:
• 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 roust notify the Vice Chair, and indicate the
nature of the matter necessitating remote participation, as set forth below,
• The Supervisor's absence must be due to a personal matter or medical condition or disability that
prevents attendance in person.
o In the case of absence due to a personal matter (not medical/disability), 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.
o In the case of absence due to medical/disability reason, the minutes must note the fact
of remote participation for that reason, but minutes need not note the particular
condition/disability. There is no limit on the number of times a Supervisor may
participate remotely for 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's voice 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 be physically present at the meeting location.
..... ++++++...
RESOLUTION AUTHORIZING THE TREASURER TO OBTAIN A LINE OF CREDIT —
APPROVED
In response to the ongoing Coronavirus pandemic crisis, Supervisor McCarthy moved for
approval of the Resolution authorizing the Treasurer to obtain a line of credit. The motion was
seconded by Supervisor Slaughter.
The Board and staff discussed the desire of the Board to have input on spending decisions
and ending the line of credit as soon as possible if the pandemic situation improves. The motion
carried on a recorded vote as follows;
Blaine P. Dunn
Aye
Shawn L. Graber
Aye
J. Douglas McCarthy
Aye
Judith McCann -Slaughter
Aye
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Board of Supervisors Regular Meeting o f March 25, 2020
County of Frederick, Virginia
Gene E. Fisher Aye
Robert W. Wells Aye
Charles S. DeHaven, Jr. Aye
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.
+++++.++++.+++
DECLARATION OF LOCAL EMERGENCY - APPROVED
In response to the ongoing Coronavirus pandemic, Supervisor McCarthy moved
for approval of the declaration of a local emergency. Supervisor Graber seconded the motion. The
Board and staff discussed the practicality of the County Administrator informing the Board of
emergency expenditures. The motion carried on a recorded vote as follows:
Blaine P. Dunn Aye
Shawn L. Graber Aye
J. Douglas McCarthy Aye
Judith McCann -Slaughter Aye
Gene E. Flsher Aye
Robert W. Wells Aye
Charles S. DeHaven, Jr. Aye
WHEREAS, the Board of Supervisors of the County of Frederick does hereby find that:
1. The President of the United States has declared a national state of emergency to exist 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 the pandemic, an
Emergency Declaration would provide the County the ability to expedite the performance of
public work, to enter into contracts for urgent resources, to provide materials and supplies and to
take other actions necessary to protect the health and welfare of the public.
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County of Frederick, Virginia
323
NOW, THEREFORE, rr IS BEREBY PROCLAD ED by the Board of Supervisors of the County of
Frederick, Virginia that an emergency exists throughout the county, and
IT IS FURTIER PROCLAIMED AND ORDERED that due to the above stated circumstances, and alter
consultation with the Coordinator and Deputy Coordinator(s) of Emergency 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, 2020
during which time the powers, 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 to mitigate the effects of said
emergency,
..*...........
R
RESOLUTION TO SCHEDULE ASPECIAL MEETING APIL 1, 2020, FOR PURPOSE
OF THE BOARD ACTING ON ADOPTION OF THE FY 20-21 BUDGET -- No Action
By consensus, the Board agreed to maintain the original meeting schedule
rather than set an earlier meeting to consider action on the FY20-21 Budget,
PUBLIC HEARINGS (NON PLANNING ISSUES)
FISCAL YEAR 2020-2021 BUDGET
The County Administrator presented the proposed F'Y 20-21 budget.
Chairman DeHaven opened the public hearing.
No one had signed up to speak. The Deputy Clerk noted that more than 80 comments
had been received prior to the meeting because online comments had been encouraged in light of
the ongoing Coronavirus pandemic.
Chairman DeHaven closed the public hearing.
... ...........
PLANNING COMMISSION BUSINESS — PUBLIC HEARINGS --None
PLANNING COMMISSION BUSINESS — OTHER PLANNING BUSINESS
ORDINANCE AMENDMENT REDUCING CUP APPLICATION FEE FOR COMMERCIAL
TELECOMMUNICATIONS FACILITIES FOR 60 DAYS — APPROVED
In light of the ongoing Coronavirus pandemic, Supervisor McCarthy moved for approval of
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Board of Supervisors Regular Meeting of March 25, 2020
County of Frederick, Virginia
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a temporary reduction in the application fee for conditional use permits for commercial
telecommunications facilities. Supervisor Graber, noting that many citizens have expressed
difficulty with internet access during the pandemic, seconded the motion.
Supervisor Fisher noted reducing the fee does not allow the process to be
completed any faster and therefore will not help with internet access for the current school year,
Supervisor Wells noted the County is one of many that have issues with broadband access, The
motion carried on a recorded vote as follows;
Blaine P. Dunn Aye
Shawn L. Graber Aye
J. Douglas McCarthy Aye
Judith McCann -Slaughter Aye
Gene F. Fisher Aye
Robert W. Wells Aye
Charles S. DeHaven, Jr. Aye
ORDINANCE
March 25, 2020
1. The President of the United States, the Governor of the Commonwealth of Virginia,
and the Board of Supervisors have each declared states of emergency relative to the COVID-19 pandemic
and, in the context of that emergency, the Board of Supervisors finds that better enabling mobile
telecommunications is an especially critical objective during the COVID-19 pandemic, and adopts the
following amendment to the County Code pursuant to the emergency provisions of the second paragraph
Section. 15,2-1427(F) of the Code of Virginia.
2. The Board of Supervisors hereby ordains that, for the period from March 25, 2020 to
May 24, 2020, the first sentence of Section 165-204.19(C)(2) of the County Code, regarding the fee for
applications for standard process projects for commercial telecommunications facilities, be and hereby is
amended to read; "Any person seeking to install a facility or structure pursuant to this subsection shall
make application to the Zoning Administrator, accompanied by payment of a fee of $750.00."
3. The provisions of this ordinance shall expire on May 24, 2020, unless on or before that
date the Board of Supervisors adopts the same pursuant to the regular requirements of Sections 15.2-107,
15.2-1427, and 15.2-2204 of the Code of Virginia.
. . + + + k + . . . . + * .
BOARD LIAISON REPORTS
Supervisor Dunn noted fundraising concerns of the volunteer fire departments during the
pandemic crisis.
CITIZEN COMMENTS
Tim Regan, Back Creek District, expressed concern about the pandemic crisis and asked
the Board to help the first responders,
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Board of Supervisors Regular Meeting of March 25, 2020
County of Frederick, Virginia
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BOARD OF SUPERVISORS COMMENTS
Supervisor McCarthy encouraged the community to help their neighbors during the
pandemic crisis.
Supervisor Wells congratulated the efforts of the community during the pandemic, adding;
however, that some are taking advantage of the current situation for their personal gain.
Supervisor Dunn expressed thanks to the Chairman and the County Administrator for their
efforts during the pandemic crisis.
County Administrator Tierney thanked his staff saying the County was as prepared as it
could have been for the pandemic.
Chairman DeHaven thanked the staff and the citizens saying he is appreciative of the help
provided by all to shorten the pandemic.
Supervisor Wells thanked the public school teachers and school staff members for assisting
the school children and families through the Bright Futures program during the pandemic crisis.
ADJOURN
On motion of Vice Chairman Wells, seconded by Supervisor McCarthy, the meeting was
adjourned at 8:18 p,m,
Charles S. DeHaven, Jr.
Chairman, Board of Supervisors
Minutes Prepared By;
Kris C. Tierney
Clerk, Board of Supervisors
Ann W. Phillips
Deputy Clerk, Board of Supervisors
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Board of Supervisors Regular Meeting of March 25, 2020
County of Frederick, Virginia
326
Board of Supervisors Minutes of March 25, 2020 - Appendix 1
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
replacing the 41h 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
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Board of Supervisors Regular Meeting of March 25, 2020
County of Frederick, 'Virginia
327
Board of Supervisors Minutes of March 25, 2020 - Appendix 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
Dan Butler
Meth Lewin
Doug McCarthy
Kim McDonald
Robert (Bob) Wells
By
Michael J. Marciano, Director of Human Resources
Minute Book 45
Board of Supervisors Regular Meeting of March 25, 2020
County of Frederick, Virginia