May 13 2020 Board_Agenda_PacketAGENDA
BOARD OF SUPERVISORS
WEDNESDAY, MAY 13, 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.
5.Citizen Comments –For agenda items that are not the subject of a Public Hearing
Consent Agenda
6.Roll Call Vote Required
6.A. Minutes of Regular Meeting of April 8, 2020
MinutesBOS200408.pdf
6.B. Extension of Declaration of Local Emergency for Covid-19 Pandemic
LocalDeclarationExtensionCOVID-19Resolution.pdf
6.C. Information Technology Committee Report of April 29, 2020
ITCOMM_REPORT_APRIL_29_2020.pdf
6.D.Request from the Commissioner of the Revenue for Refunds and
Supplemental Appropriations
1.Stonewall II LLC–$2,870.45
2.Undisclosed Taxpayer –Disabled Veteran’s Relief –$7,550.01
3. Vectren Energy Services Corp d/b/a Energy Systems Group LLC –$4,534.00
2020_05_01 Refunds.pdf
6.E.Set Public Hearing for Ordinance on Continuity Operations
MemoContinuityOrdinancePublicHearing.pdf
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Board of Supervisors
Regular Meeting AgendaPage 2
May 13, 2020
Board of Supervisors Comments
7.
County Officials
8.
8.A. Committee Appointments
People Inc.
See attached application of Linda Gibson
Lord Fairfax Community College Board
4-year term of Michael Lake expires 6/30/2020 (Eligible and willing for reappointment)
BoardCommitteeAppts(050620BdMtg).pdf
8.B.Discussion: Proposed Update to Rules of Procedure
Per the Board's discussion onFebruary 26, 2020, Supervisor Fisher has provided
the proposed update to the Board's Rules of Procedure.
RulesOfProcedureUpdateDraft2020REV2.pdf
Committee Business
9.
9.A. Information Technology Committee
1.The Committee recommended providing public wi-fi access in the
parking lots at four County fire stations (Star Tannery, North Mountain,
Reynolds Store, and Gore) and at Sunnyside Plaza to assist citizens and
their children with access to the internet during the COVID-19 pandemic.
TheCommittee requests approval to fund the monthly service fee for the
public wi-fi project at $2,000 per month total for all five sites. Further
Board of Supervisors discussion is requested to identify the length of
time for funding the service.
2.The Committee requests guidance from the Board of Supervisors on
whether to apply for a Virginia Telecommunications Initiative Grant in
2021 or wait for the 2022 grant cyclein light of the need for County
matching funds to improve the chances of being awarded a grant.
The grant would assist with the expansion of broadband access to
address all underserved and unserved areas of the County.
ITCOMM_REPORT_APRIL_29_2020.pdf
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Board of Supervisors
Regular Meeting AgendaPage 3
May 13, 2020
Public Hearings (Non Planning Issues)
10.
Outdoor Festival Permit Request of Canaan Springs LLC and Abigail
10.A.
Linaburg –Wedding
.
Pursuant to the Frederick County Code, Chapter 86, Festivals; Section 86-3, Permit
Required; Application; Issuance or Denial; Fee, for an Outdoor Festival Permit.
Festival to be Held Saturday, July 11, 2020, from 4:00 PM to 10:30 PM, on the
Grounds of 1147 North Pifer Road, Star Tannery, Virginia, Back Creek Magisterial
District. Property Owned by Marlboro Springs LLC.
CanaanSpringsLLC(AbigailLinaburg)OutddoorFestivalPermitApplication(2020).pdf
Proposed Amendment to the Lease Agreement between the County of
10.B.
Frederick, Virginia and H&R Block Eastern Enterprises, Inc.
The proposed amendment would extend the existing lease for an additional one
year period commencing on May 1, 2020 and expiring on April 30, 2021. The base
rent would be $1,050.00 per month. As the Board might recall, the rent income
received from the tenants at Sunnyside Plaza has been appropriated to cover the
costs to carry the property to include property management fees, utilities, repairs,
etc.
HRBlockLeaseAmendment.pdf
Proposed Ordinance -Salaries of the Board of Supervisors (FY 2020-2021) -
10.C.
Pursuant to Section 15.2-1414.3 of the Code of Virginia, 1950, as Amended, the
Board of Supervisors Will Hold a Public Hearing to Fix the Annual Salaries of the
Board of Supervisors as Follows: Chairman, $ 10,800; Vice Chairman, $10,200; and
Each Other Member of the Board of Supervisors at $9,000.
BoardSalaryFY2020-2021(051320BdMtg).pdf
Planning Commission Business -Public Hearings
11.
Planning Commission Business -Other Planning Business
12.
Board Liaison Reports
13.
Citizen Comments
14.
Board of Supervisors Comments
15.
Adjourn
16.
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5
MINUTES
CLOSED SESION AND REGULAR MEETING
FREDERICK COUNTY BOARD OF SUPERVISORS
WEDNESDAY, APRIL 8,2020
6:00 P.M. AND 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; Shawn L.
Graber;and Judith McCann-Slaughter; were present.Gene E. Fisher participated remotely from
his home and J. Douglas McCarthy participated remotely from his office, both doing so as a medical
precaution on account of the COVID-19 pandemic.Robert W. Wells, Vice Chairman, arrived after
the Closed Session.
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;Andrew Farrar,
IT Program Coordinator; Bill Orndoff, Treasurer; Seth Thatcher, Commissioner of the Revenue;
andAnn W. Phillips, Deputy Clerk to the Board of Supervisors.
CALL TO ORDER
Chairman DeHaven called the meeting to order at 6:00 p.m.
APPROVAL OF REMOTE PARTICIPATION
Remote meeting participation by Supervisors Fisher and McCarthy was approved on a
voice vote following the motion by Supervisor Dunn, seconded Supervisor Graber.
CLOSED SESSION
Supervisor Slaughtermoved that the Board of Supervisors of Frederick County enter a
closed session pursuant to Virginia Code Sec. 2.2-3711(A)(3)for discussion of the disposition of
publicly held real property, 441 Linden Drive, in the City of Winchester, where discussion in an
open meeting would adversely affect the bargainingposition or negotiating strategy of the public
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Frederick County Board of Supervisors
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body.Supervisor Dunn secondedthe motion which carried on a voice vote.
At 6:37p.m., theBoard members being assembled within the designated meeting place in
the presence of members of the public and the media desiring to attend, the meeting was
reconvened on motion of Supervisor Slaughter, seconded by Supervisor Dunn. Supervisor
Slaughtermoved that the Board of Supervisors of Frederick County certify that, to the best of each
member’s knowledge, (i) only public business matters lawfully exempted from open meeting
requirements by Virginia law were discussed in the closed meeting to which thiscertification
applies, and (ii) only such public business matters as were identified in the motion convening the
closed meeting were heard, discussed, or considered by the Board. Supervisor Graberseconded
the motion which carried as follows on a roll call vote:
Blaine P. DunnAyeGene E. Fisher Aye
Shawn L. GraberAyeRobert W. WellsAbsent
J. Douglas McCarthyAyeCharles S. DeHaven, Jr.Aye
Judith McCann-SlaughterAye
Supervisor Slaughter moved that the Board authorize staff to proceed as discussed in
closed session with respect to the contract for the sale of the property located at 441 Linden Drive.
Supervisor Fisher seconded the motion which carried on a recorded vote as follows:
Blaine P. DunnAyeGene E. Fisher Aye
Shawn L. GraberNoRobert W. WellsAbsent
J. Douglas McCarthyAyeCharles S. DeHaven, Jr.Aye
Judith McCann-SlaughterAye
Vice Chairman Wells entered the meeting.
RECESS
At 6:42p.m., Chairman DeHaven adjourned the meeting until the 7:00 p.m. regular
meeting.
CALL TO ORDER
Chairman DeHaven called the meeting to order at 7:00p.m.
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2
INVOCATION
Supervisor Dunndelivered the invocation.
PLEDGE OF ALLEGIANCE
Vice ChairmanWells led the Pledge of Allegiance.
ADOPTION OF AGENDA –APPROVED
Upon motion of SupervisorSlaughter,seconded by Supervisor Dunn,theagenda was
adoptedas amended on a voice vote.
CITIZENS COMMENTS-None
ADOPTION OF CONSENT AGENDA –APPROVED
Upon motion of Supervisor Slaughter,seconded bySupervisorGraber,the consent
agenda was adoptedon arecorded vote as follows:
Blaine P. DunnAyeGene E. Fisher Aye
Shawn L. GraberAyeRobert W. WellsAye
J. Douglas McCarthyAyeCharles S. DeHaven, Jr.Aye
Judith McCann-SlaughterAye
-Minutes of Regular Meeting of March 25, 2020-
CONSENT AGENDAAPPROVAL
-Minutes of Budget Work Session of April 1, 2020-
CONSENT AGENDAAPPROVAL
-Letter to the Governor of Virginia: Budgetary Impact of COVID-19Pandemic-
CONSENT
AGENDAAPPROVAL
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BOARD OF SUPERVISORS COMMENTS-None
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COUNTY OFFICIALS:
REQUEST FROM THE COMMISSIONER OF THE REVENUE FOR REFUND AND
SUPPLEMENTAL APPROPRIATION –APPROVED
On motion of Supervisor Slaughter,seconded by Supervisor Wells,the Board approved
the refund and supplemental appropriation for Branch Banking and Trust Company (BB&T) in the
amount of $63,583.00. The motion carried on a recorded vote as follows:
Blaine P. DunnAyeGene E. Fisher Aye
Shawn L. GraberAyeRobert W. WellsAye
J. Douglas McCarthyAyeCharles S. DeHaven, Jr.Aye
Judith McCann-SlaughterAye
Supervisor Dunn noted his concern that BB&T used the question ofcharging interest as a
bargaining chip in this matter and suggested that the Board request the General Assembly review
allowinglocal governments to have input into such discussions.
EMERGENCY ORDINANCE FOR CONTINUITY OF OPERATIONS TO PERMIT REMOTE
PARTICIPATION IN MEETINGS OF COUNTY BOARDS, COMMISSIONS, & COMMITTEES–
APPROVED
On motion of Supervisor Slaughter, seconded by Supervisor Dunn,the Board adopted the
Emergency Ordinance for Continuityof Operations to Permit Remote Participation in Meetings of
County Boards, Commissions, & Committees on a recorded vote as follows:
Blaine P. DunnAyeGene E. Fisher Aye
Shawn L. GraberAyeRobert W. WellsAye
J. Douglas McCarthyAyeCharles S. DeHaven, Jr.Aye
Judith McCann-SlaughterAye
ORDINANCE
WHEREAS:
1. The President of the United States, the Governor of the Commonwealth of Virginia, and the Board of
Supervisors of Frederick County, Virginia have each declared states of emergency relative to the COVID-
19 pandemic.
2. The Governor’s declaration of a state of emergency, Executive Order Fifty-One, dated March 12, 2020,
states that COVID-19 constitutes a communicable disease of public health threat and that the anticipated
effects of COVID-19 constitute a disaster as described in Virginia Code § 44-146.16.
3. The President of the United States and the Governor and Health Commissioner of the Commonwealth
of Virginia and have recommended and/or imposed limitations on different public gatherings of more
than ten attendees.
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Frederick County Board of Supervisors
Regular Meeting Minutes * April 8, 2020
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4. In response to COVID-19, the number of County government meetings and the number of persons in
attendance at those meetings should be reduced.
5. Virginia Code § 15.2-1413 provides that, notwithstanding any contrary provision of law, a locality
may, by ordinance, provide a method to assure continuity of government in the event of a disaster for a
period not to exceed six months, and Virginia Code § 15.2-1427(F) provides that a county may adopt
emergency ordinances without prior notice, but only to be effective for a period not to exceed 60 days.
NOW, THEREFORE, BE IT ORDAINED by the Board of Supervisors of Frederick County, Virginia
that:
1. Meetings of all Frederick County boards, commissions, and committees are suspended, except to the
extent that such meetings are necessary (i) in order to comply with statutory and/or other requirements
and/or deadlines under federal and/or state law, or (ii) to address needs urgent to the continued operations
of the County government.
2. To the extent that any meeting of any Frederick County board, commission, or committee must occur,
the Board of Supervisors authorizes such board, commission, or committee to permit remote participation
pursuant to the provisions of Virginia Code § 2.2-3708.2(A), provided that, with respect to a member of
any board, commission, or committee who wishes to participate remotely:
a. On or before the day of the meeting, the member must notify Chair or, if the member 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;
b. The member’s absence must be due to a personal matter or medical condition or disability that prevents
attendance in person and (i) in the case of absence due to a personal matter (not medical/disability), the
member may not participate remotely more than twice in one calendar year, and the member shall
identify the personal reason, for inclusion in the Board's minutes to note remote participation for that
reason, or (ii) in the case of absence due to medical/disability reason, the minutes must note the fact of
remote participation for that reason, but minutes shall not note the particular condition/disability (there
is no limit on the number of times a member may participate remotely for medical/disability reasons);
c. The member must identify the location of his participation (which itself need not be open to the
public), for inclusion in the body’s minutes;
d. The member’s voice must be audible to all persons attending the meeting in person;
e. The board, commission, or committee must approve such participation on the particular occasion and
note that fact in the minutes and, if the body denies participation, the body also must note that fact in the
minutes, with the reasons for disapproval (with respect to approval/denial, the body must uniformly
apply these provisions, such that denial can only be for noncompliance with these provisions); and
f. A quorum of the board, commission, or committee must be physically present at the meeting location.
3. Notwithstanding any other provision of this ordinance, nothing herein shall prevent any County board,
commission, or committee from meeting remotely, without a quorum physically assembled in one place,
if (i) the catastrophic nature of the declared emergency makes it impracticable or unsafe to assemble a
quorum in a single location and (ii) the purpose of the meeting is to address the emergency, provided that
such board, commission, or committee shall, pursuant to Virginia Code § 2.2-3708.2(A)(3):
a. Give public notice using the best available method given the nature of the emergency, which notice
shall be given contemporaneously with the notice provided to members of the body conducting the
meeting;
b. Make arrangements for public access to such meeting; and
c. Otherwise comply with the provisions of Virginia Code § 2.2-3708.2.
4. Nothing herein shall preempt any policy that any County board, commission, or committee may have
previously adopted, pursuant to Virginia Code § 2.2-3708.2, allowing for its members to participate
remotely in its meetings.
5. The provisions of this ordinance shall expire on June 7, 2020, unless on or before that date the Board of
Supervisors adopts the same pursuant to the regular requirements of Virginia Code § 15.2-1427, and,
further, shall expire on October 7, 2020, pursuant to Virginia Code § 15.2-1413, unless on or before that
date the Board of Supervisors readopts the same in accordance with applicable law.
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–APPROVED
ADOPTION OF FISCAL YEAR 2020-2021 BUDGET
County Administrator Tierney reviewed the proposed budget resolution noting that if
adopted, the resolution sets the funding for the listed categories and specifies the various County
tax rates. He noted that funding for Shawneeland has been excluded and will be appropriated at
a future date. Mr. Tierney said changes had been incorporated into the proposed resolution
following the Board’s public hearing, the work session held on April 1, and in light of the ongoing
pandemic. He said these changes includethe elimination of both a merit/cost of living increase,a
reduction in the County’s contribution toward employees’ health insurance premiums, elimination
of design fees for the building at Sunnyside.
Supervisor Slaughter moved for adoption of the proposed budget resolution and tax rates.
Supervisor Fisher seconded the motion.
Supervisor Dunn moved to amend the motion by keeping allocations for both the County
and the School Board at the same dollar amount as the current year. Supervisor Graber seconded
the motion to amend the main motion which failed on a recorded vote as follows:
Blaine P. DunnAyeGene E. Fisher No
Shawn L. GraberAyeRobert W. WellsNo
J. Douglas McCarthyAyeCharles S. DeHaven, Jr.No
Judith McCann-SlaughterNo
Supervisor Slaughter said approving a budget provides a guide adding that County
Administration has already restricted hiring and will not authorize new spending until more
information about revenues following the pandemic has been learned. She said staff needs a
benchmark to work with.
Supervisor Graber noted his concern about long term revenues saying he cannot support
the main motion for adoption of the proposed budget resolution.
Supervisor Fisher reiterated that a budget is a guideline. He said the current situation is
different from the economic downturn in 2008and that he had confidence that the administrative
staff would handle the budget appropriately.
Supervisor McCarthy agreed with Supervisors Slaughter andFisher regarding their
confidence in the staff but said he had concerns about appropriating funds without knowing more
about revenues.
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Supervisor Wells said he was comfortable with the proposed budget as a guideline and
that he looks forward to the County’s recoveryfrom the pandemic.
Supervisor Dunn noted the Schools need to know their allocation by May and with the
unknownrevenues he prefers using the same dollar figures as this year.
In responseto SupervisorGraber’s question, Mr. Tierneyreplied that it ispossiblefor the
Board to adopt only the tax rates at the present meeting with adoptionof the budgethappening at
a later meeting.
Supervisor Graber moved to amend the main motion to adopt only the tax rates.
Supervisor Dunn seconded the motion to amend the main motion which failed on a recorded vote
as follows:
Blaine P. DunnAyeGene E. Fisher No
Shawn L. GraberAyeRobert W. WellsNo
J. Douglas McCarthyNoCharles S. DeHaven, Jr.No
JudithMcCann-SlaughterNo
Supervisor Fisher commented on the proposed budget saying that the Board cannot
control how the schools spend their allocated funds, but the current proposal includes the
necessary funds to open the new elementary school.
SupervisorSlaughter’s motion to adopt the proposedbudgetresolution carried on a
recorded vote as follows:
Blaine P. DunnAyeGene E. Fisher Aye
Shawn L. GraberNoRobert W. WellsAye
J. Douglas McCarthyNoCharles S. DeHaven, Jr.Aye
Judith McCann-SlaughterAye
FY 2020-2021 BUDGET RESOLUTION
WHEREAS a notice of public hearing and budget synopsis has been published and a public
hearing held on March 25, 2020, in accordance with Title 15.2, Chapter 25, Section 15.2-2506, of the Code
of Virginia, 1950 as amended.
THEREFORE BE IT RESOLVED by the Board of Supervisors of the County of Frederick,
Virginia, that the budget for the 2020-2021 Fiscal Year as advertised in The Winchester Star on March 17,
2020, be hereby approved in the amount of $465,623,302.
BE IT FURTHER RESOLVED that the County of Frederick budget for the 2020-2021 fiscal year
be adopted and the funds appropriated as follows:
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Regular Meeting Minutes * April 8, 2020
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General Operating Fund $201,038,131
Regional Jail Fund 24,194,922
Landfill Fund 9,647,354
Division of Court Services Fund 591,882
Shawneeland Sanitary District Fund 0
Airport Operating Fund 1,904,997
Lake Holiday Sanitary District Fund 779,998
EMS Revenue Recovery Fund 1,867,217
Economic Development Authority Fund 640,351
School Operating Fund 181,760,421
School Debt Service Fund17,957,232
School Capital Projects Fund 4,415,900
School Nutrition Services Fund 7,581,744
School Textbook Fund 2,871,240
NREP Operating Fund6,251,913
NREP Textbook Fund 20,000
Consolidated Services/Maintenance Fund 3,600,000
School Private Purpose Funds 500,000
BE IT FURTHER RESOLVED that the Board of Supervisors of the County of Frederick, Virginia,
does herein adopt the tax rates for the 2020 assessment year as follows:
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Regular Meeting Minutes * April 8, 2020
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Property Taxes – Rates per $100 of assessed value
Applied to real estate, including mobile homes
$0.61
Applied to personal property including business
$4.86
equipment
$2.25 Applied to personal property on one vehicle to
volunteer firefighters that are approved and
registered with the Frederick County Fire and
Rescue Department
$0.01 Applied to aircraft
Zero tax Applied to antique vehicles and mopeds
$2.00 On declining values to be applied to machinery and
tools. The declining values are 60% for year one,
50% for year two, 40% for year three, and 30% for
year four and all subsequent years.
$2.00 On apportioned percentage of book values to be
applied to Contract Classified Vehicles and
equipment
Business and Professional Occupational License Rates
Contractors $0.16 per $100 of gross receipts
Retail $0.20 per $100 of gross receipts
Financial, Real Estate, and Professional $0.58 per $100 of gross receipts
Services
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Frederick County Board of Supervisors
Regular Meeting Minutes * April 8, 2020
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Repair, personal and business services and $0.36 per $100 of gross receipts
all other businesses and occupations not
specifically listed or exempted in the
County Code
Wholesale $0.05 per $100 of purchases
The tax rates for other businesses and occupations specifically listed in the County Code are also
unchanged.
Other General Taxes
Meals tax 4% of gross receipts
Transient Occupancy tax 3.5% of gross receipts
Vehicle License Taxes $25 per vehicle and $10 per motorcycle
Sanitary Landfill Fees
$50 Per ton for commercial/industrial
$45 Per ton for construction demolition debris
$20 Per ton for municipal waste
$38 Per ton for municipal sludge
$15 Per ton for Miscellaneous Rubble Debris
Shawneeland Sanitary District Taxes
$190 Unimproved Lots
$660 Improved Lots
Lake Holiday Sanitary District Taxes
$678 Buildable Lots
$264 Unbuildable Lots
Lots owned by Lake Holiday Country Club, Inc.
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Frederick County Board of Supervisors
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$0 Buildable Lots and Unbuildable Lots
Star Fort Subdivision Taxes/Fees
$60 Per Lot
Street Light Fees
Oakdale Crossing $40 annually
Fredericktowne $42.50 annually
Green Acres $25 annually
BE IT FURTHER RESOLVED that appropriations are hereby authorized for the central stores
fund, special welfare fund, comprehensive services fund, county health insurance fund, school health
insurance fund, length of service fund, special grant awards fund, employee benefits fund, maintenance
insurance fund, development project fund, sales tax fund, commonwealth sales tax fund, unemployment
compensation fund, Forfeited Assets Program, Four-For-Life Funds, Fire Programs, and Economic
Incentive funds equal to the total cash balance on hand at July 1, 2020, plus the total amount of receipts for
the fiscal year 2020-2021. The County Capital Fund and Fire Company Capital appropriation will include
the current year appropriation plus any unused funds at the end of the fiscal year 2020. The County Capital
appropriation shall include funds transferred to other capital funds for classification purposes.
BE IT FURTHER RESOLVED that funding for all outstanding encumbrances at June 30, 2020,
are re-appropriated to the 2020-2021 fiscal year to the same department and account for which they are
encumbered in the 2019-2020 fiscal year.
BE IT FURTHER RESOLVED that the construction fund projects are appropriated as a
carryforward in the amount that equals the approved original project cost, less expenditures and
encumbrances through June 30, 20120.
BE IT FURTHER RESOLVED that the budget for Shawneeland Sanitary District will be
appropriated at a later date and is not included in this budget resolution.
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CANCELATION OF APRIL 22, 2020,BOARD MEETING-APPROVED
In light of the ongoing pandemic, on motion of Supervisor Slaughter, seconded by
Supervisor Wells, the Board canceled the April 22, 2020, meeting on a recorded vote as follows:
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Blaine P. DunnAyeGene E. Fisher Aye
Shawn L. GraberAyeRobert W. WellsAye
J. Douglas McCarthyAyeCharles S. DeHaven, Jr.Aye
Judith McCann-SlaughterAye
PUBLIC HEARINGS (NON PLANNING ISSUES)
ORDINANCE TO AMEND THE FREDERICK COUNTY CODE, CHAPTER 89, FIRE AND RESCUE
SERVICES–APPROVED
County Administrator Tierney discussed the proposed ordinance.
Chairman DeHaven opened the public hearing.
No one had signed up to speak.
Chairmen DeHaven closed the public hearing.
SupervisorWells moved for adoption of theproposed ordinance to amend the Frederick
County Code, Chapter 89, Fire and Rescue Services. SupervisorDunn secondedthe motionwhich
carried on a recorded vote as follows:
Blaine P. DunnAyeGene E. Fisher Aye
Shawn L. GraberAyeRobert W. WellsAye
J. Douglas McCarthyAyeCharles S. DeHaven, Jr.Aye
Judith McCann-SlaughterAye
ORDINANCE
The Board of Supervisors of Frederick County, Virginia hereby ordains that Chapter 89 (Fire
and Rescue Services) of the Code of Frederick County, Virginia be, and the same hereby is, amended and
reenacted as follows:
CHAPTER 89 FIRE AND RESCUE SERVICES
ARTICLE I GENERAL; FIRE AND RESCUE SYSTEM
§ 89-1 Definitions.
For the purposes of this chapter, the following words and/or terms shall have the meanings ascribed to
them by this section:
ADVANCED LIFE SUPPORT, LEVEL 1 (ALS1) — Medical treatment or procedures provided to a
patient beyond the training of an Emergency Medical Technician as defined by the National Emergency
Medical Services (EMS) Education and Practice Blueprint for the Emergency Medical Technician (EMT)
and the Virginia Office of Emergency Medical Services EMS Regulations, but not ALS2.
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ADVANCED LIFE SUPPORT, LEVEL 2 (ALS2) — Advanced life support services provided to a
patient, including one or more of the following medical procedures:
A.Defibrillation / Cardioversion
B.Endotracheal intubation
C.Cardiac pacing
D.Chest decompression
E.Intraosseous line
F.The administration of three or more medications
ASSISTANT CHIEF — A person who is appointed to act as a substitute for the System Chief, and on
their behalf, in matters in which the System Chief may act.
ASSOCIATION — A body recognized pursuant to § 89-4 of this Chapter.
BASIC LIFE SUPPORT (BLS) — Medical treatment or procedures to a patient defined as basic life
support by the National Emergency Medicine Services (EMS) Education and Practice Blueprint for the
Emergency Medical Technician (EMT) and the Virginia Office of Emergency Medical Services EMS
Regulations.
BOARD — The Frederick County Board of Supervisors.
CHIEFS WORK GROUP — A body recognized pursuant to § 89-4 of this Chapter.
COMPANY or VOLUNTEER COMPANY — A County volunteer fire and rescue organization formed
pursuant to § 27-8 of the Code of Virginia and recognized by the Board pursuant to Article III of this
Chapter and/or the Town Council of an incorporated Town in Frederick County.
EXECUTIVE COMMITTEE — A body established pursuant to § 89-5 of this Chapter.
FIRE AND RESCUE DEPARTMENT or DEPARTMENT — The Frederick County Fire and Rescue
Department, which is established pursuant to Title 27 of the Code of Virginia for the purpose of the
provision of emergency medical services (EMS), firefighting, and other related emergency public safety
services.
FREDERICK COUNTY FIRE AND RESCUE SYSTEM (FCFRS) or SYSTEM — The Department and
every Company.
GROUND TRANSPORT MILEAGE (GTM) — Road miles from the location of the incident to a
hospital or other facility where a patient is transported.
SYSTEM CHIEF — The individual appointed pursuant to § 89-3 of this Chapter.
SYSTEM PERSONNEL — All members of the Frederick County Fire and Rescue System.
SYSTEMWIDE POLICY — Policies adopted by the Frederick County Fire and Rescue System.
VOLUNTEER CHIEF — The individual selected by a company to serve as the operational leader of the
Volunteer Company.
§ 89-2 Frederick County Fire and Rescue System; intent and purpose.
To assure the safety, health, and welfare of the public, the Board of Supervisors maintains a combination
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career and volunteer system for the provision of emergency medical services, fire, and rescue programs
that is competent, highly trained, efficiently delivered and equitably administered, and that is operated by
the FCFRS in accordance with this Chapter.
The Frederick County Fire and Rescue Department is hereby established pursuant to Title 27 of the Code
of Virginia for the purpose of the provision of emergency medical services, firefighting, and other related
emergency public safety services. The Department shall consist of the System Chief and any such career
officers and employees appointed by the System Chief.
The Volunteer Companies are the volunteer fire and rescue organizations formed pursuant to § 27-8 of
the Code of Virginia and recognized by the Board pursuant to Article III of this Chapter and/or the Town
Council of an incorporated Town in Frederick County.
The delivery of emergency medical services, fire, rescue, technological hazards, and disaster responses
shall be accomplished through a coordinated policy and combination framework that addresses the
Countywide need for such services, while preserving the community-based perspectives and resources
provided by the Volunteer Companies and respecting their traditions.
§ 89-3 System Chief.
A.The position of System Chief is hereby established and shall possess operational and
administrative authority pursuant to Title 27 of the Code of Virginia. The System Chief shall be
appointed by and report directly to the County Administrator.
B.The System Chief shall have the following duties:
1.The System Chief shall serve as the head of the FCFRS and the chief executive of the
FCFRS governance structure as defined under this Article and may delegate authority to
other officials and system personnel at his discretion.
2.The System Chief shall supervise and manage the duties and responsibilities of the career
personnel of the FCFRS as defined in accordance with applicable Frederick County
Government policies.
3.The System Chief shall have the following authority, duties and responsibilities:
a.Oversight of the full scope of emergency medical services, fire prevention, fire
suppression, hazardous materials response, emergency management and other public
safety operational and management functions as provided to the county and its
incorporated towns unless authority is otherwise granted under state law to and
exercised by the incorporated town.
b.Formulation, administration, and enforcement of the operational rules, regulations, and
policies that will govern the FCFRS. In carrying out his duties under this subsection,
the Chief shall consult with the Chiefs Work Group.
c.Formulation, administration, and enforcement of the administrative rules, regulations,
and policies that will govern the FCFRS. In carrying out his duties under this
subsection, the System Chief shall consult with the Association.
d.Executive management and administration of the FCFRS governance structure
including working with the Fire and Rescue Association and Chiefs Work Group.
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e.Execution of agreements for mutual aid, disaster preparedness, and provision of
services deemed necessary for emergency response to events exceeding FCRS
capability. The System Chief shall oversee the performance FCFRS duties under these
agreements, and shall seek funding and assistance from other localities, and from state
and federal agencies, where available, to offset costs of performance.
f.Establishment of an integrated chain of command for system personnel of FCFRS, in
consultation with the Chiefs Working Group.
g.Establishment of qualifications for operational eligibility and certification at each rank
for system personnel, in consultation with the Chiefs Working Group.
h.Carrying out other duties and responsibilities as assigned by the County Administrator
with regard to the provision of fire and rescue services and emergency management.
ARTICLEIIFIREANDRESCUEASSOCIATION
§ 89-4 Purpose; bylaws.
A.The Association is hereby recognized by the County for the following purposes: for providing
advice, counsel, and recommendations to the System Chief on matters pertaining to FCFRS
which include but are not limited to administration guidelines, policies, procedures, fiscal
matters, recruitment and retention, and objectives of the Volunteer Companies. The Association
is empowered to promulgate bylaws to effectuate the purposes set out herein.
B.The Association shall serve as an administrative advisory group to the System Chief and shall be
notified and consulted prior to the issuance of any administrative policies related to FCFRS
operations.
C.The Chiefs Work Group, a standing committee of the Association, shall serve as an operational
advisory group to the System Chief. The Chiefs Work Group shall provide advice, counsel, and
recommendations to the Association and System Chief on matters pertaining to operational
policies, equipment standardization, EMS and fire related rescues and responses, fire prevention,
and fire suppression, as well as operational objectives of the Volunteer Companies. The Chiefs
Work Group is empowered to promulgate bylaws to effectuate the purposes set out herein.
D.The membership of the Association and the Chiefs Working Group will be set by the bylaws of
the respective groups.
§ 89-5 Executive Committee established.
A.The Executive Committee shall be comprised of the following six (6) members appointed and/or
elected on an annual basis:
1.President of the Association as annually elected by a quorum of members of the group or
their designee.
2.Chairperson of the Chiefs Working Group as annually elected by a quorum of members of
the group or their designee.
3.FCFRS Assistant Chief, or other career employee designee as annually appointed by the
System Chief.
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4.FCFRS Deputy Chief of Operations, or other designee as annually appointed by the System
Chief.
5.A representative of the career firefighters no higher than the rank of Specialist selected by
the System Chief.
6.A representative of the volunteer firefighters no higher than the rank of firefighter selected
by the Chairperson of the Chiefs Working Group.
B.In the event that either the Association and/or Chiefs Working Group object to a systemwide
policy, rule, or regulation enacted by the System Chief and cannot come to a resolution with the
System Chief, the Executive Committee will convene to attempt to resolve the issue. If
Executive Committee and System Chief are not able to resolve the issue, the chair of the
committee may raise the issue to the County Administrator for a final determination.
C.The Executive Committee will establish bylaws for the limited purpose of selecting a chair of
the committee.
ARTICLE III FIRE COMPANIES
§ 89-6 List of Companies.
Each individual fire and rescue organization located in Frederick County shall be defined as a
"company”. These are: Stephens City Volunteer Fire and Rescue Company, Inc.; Middletown Volunteer
Fire and Rescue Company, Inc.; Clear Brook Volunteer Fire and Rescue, Inc.; Gore Volunteer Fire
Company; Round Hill Community Fire and Rescue Company, Inc.; Gainesboro Fire Company, Inc.; Star
Tannery Volunteer Fire Department; Greenwood Volunteer Fire and Rescue Company, Inc.; North
Mountain Volunteer Fire Company, Inc.; Reynolds Store Volunteer Fire and Rescue Company, Inc.;
Millwood Station Volunteer Fire and Rescue Company 21, Inc.
§ 89-7 Approval of names and numbers.
Newly established fire and rescue company names and numbers shall be recommended by the
Association, in conjunction with the System Chief, and are subject to final approval by the Board.
§ 89-8 Establishment.
Pursuant to § 27-8 of the Code of Virginia, any number of persons, not less than 20, may form themselves
into a company for emergency response, subject to approval by the Board.
§ 89-9 Organization.
A writing stating such formation of a company, with names of its members, shall be presented to the
Board and recorded in the Circuit Court pursuant to § 27-9 of the Code of Virginia.
§ 89-10Dissolution.
Pursuant to § 27-10 of the Code of Virginia, whenever the Department shall ascertain that a company has
failed, for three consecutive months, to consist of 20 effective members, or ascertains that it has failed for
the same period of time to keep in good and serviceable condition its fire and rescue apparatus, hose,
emergency medical services vehicle, equipment and other proper implements, or whenever the Board for
any reason deems it advisable, the Board may act to dissolve a Company.
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§ 89-11Rules and regulations; audits.
A.The members of each Company may make their own rules and regulations consistent with
systemwide policies and procedures, the laws of the Commonwealth of Virginia, this Chapter,
and other ordinances of the County.
B.Annual financial audits of all Volunteer Companies using appropriate audit procedures as
prescribed by the County, shall be performed with full cooperation of the Companies, the
Association and FCFRS.
ARTICLE IV VOLUNTEER MEMBERSHIP
§ 89-12. Volunteer fire fighter and rescue members.
A.Any person, 18 years of age or older, is eligible for membership in a company as a regular
member. Persons must apply and be accepted by the company to which application is made
according to its rules and regulations and the Code of Virginia. Participation by members must
be in accordance with the company rules and regulations and the Code of Virginia.
B.Applicants for membership shall be subject to a background check. Applications for membership
shall require, for the background check, the submission of fingerprints and personal descriptive
information, to be processed in accordance with the following:
1.Any person who applies to be a volunteer with a company shall submit fingerprints and
provide personal descriptive information to be sent directly by the Department to (i) the
State Board of Health to be forwarded by Central Criminal Records Exchange to the
Federal Bureau of Investigation or (ii) the Central Criminal Records Exchange to then
be forwarded to the Federal Bureau of Investigation, in either case for the purpose of
obtaining criminal history records information for the applicant, in accordance with
Code of Virginia § 32.1-111.5.
2.Upon the receipt of the results of the state and national criminal history records search,
the System Chief, as designee of the County Administrator, shall notify the Company
and Office of Emergency Medical Services regarding the applicant’s eligibility to serve
as a volunteer.
3.Information provided to the Office of Emergency Medical Services shall be limited to
notification as to whether the applicant is eligible to serve as a volunteer in accordance
with requirements related to disqualifying offenses set forth in regulations of the State
Board of Health, and shall not include information regarding whether the applicant has
been found ineligible to serve as a volunteer due to any additional exclusionary criteria
established by the County.
This section is in accordance with the Code of Virginia, 1950, as amended, §§ 15.2-1503.1,
19.2-389, and 32.1-111.5.
§ 89-13Authorization for youth to serve; parental guardian approval.
Pursuant to the provision of § 40.1-79.1 of the Code of Virginia, any person 16 or 17 years of age, with
parental or guardian approval, is authorized to work with or participate in activities of the Volunteer
Companies, provided such person has attained certification under National Fire Protection Association
1001, Level One, Firefighter Standards, as administered by the Virginia Department of Fire Programs.
Nothing in this Section shall prohibit participation by such persons in nonhazardous activities of a
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Volunteer Company, including fire prevention efforts and training courses approved by the Virginia Fire
Services Board that are designed to provide situational awareness.
ARTICLE V HAZARDOUS MATERIALS RESPONSE REIMBURSEMENT
§ 89-14Payment of monies recovered; purpose.
Any monies recovered by the County of Frederick, as reimbursement for actual costs incurred by a
company for hazardous materials (HAZMAT) response, shall be reimbursed to the company.
ARTICLE VI COST REIMBURSEMENT FOR EMERGENCY MEDICAL TRANSPORT
§ 89-15Service fees for emergency medical transport.
A service fee will be imposed for basic life support transport (BLS), advanced life support, level 1
transport (ALS1), advanced life support, level 2 transport (ALS2), and for ground transportation mileage
on each person being transported by an emergency medical services vehicle that is operated or maintained
by the County and/or a Company and has an EMS vehicle permit issued by the Virginia Office of
Emergency Medical Services. The term "emergency medical services vehicle" has the definition
specified in § 32.1-111.1 of the Code of Virginia. The funds received from the payment of this fee shall
be paid into a fund for the Frederick County Fire and Rescue EMS Expense Recovery Program.
§ 89-16Authority of Board of Supervisors; amount of fees \[section previously numbered as § 89-17;
definitions that were in § 89-16moved to § 89-1\].
A.The Board of Supervisors shall, in its discretion, establish or revise rules and regulations for the
administration of the fees imposed by this section, including, but not limited to, payment
standards for those persons who demonstrate economic hardship.
B.The service fees imposed by this article shall be payable in such amounts as may from time to
time be set by the Board of Supervisors.
+ + + + + + + + + + + + + +
PLANNING COMMISSION BUSINESS–PUBLIC HEARINGS
CONDITIONAL USE PERMIT #08-19 FOR TOWER CO. -DENIED
Planning Director Mike Ruddydiscussed the request for CUP#08-19.
Ty Lawson, representing the applicant, provided an overview of the request and responded
to public comments submitted online regarding the CUP application.
The Board and Mr. Lawson discussed whether a postponement of action on the request
would be appropriate in light of the current pandemic. SupervisorWells noted that the applicant
had been offeredthe opportunity to delay the Board’s consideration of the request but had chosen
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to keep the matter on its original public hearing schedule. Supervisor Dunn noted many citizens
commented therewas no lack of cell signal coverage in the area of the proposed tower.
Chairman DeHaven opened the public hearing.
The Deputy Clerk notedmore than 60 comments had been received prior to the meeting
because online comments had been encouraged in light of the ongoing Coronavirus pandemicand
those comments had been forwarded to the Board.
Those speaking during the public hearing were:
Kevin Ciepley, Opequon District, said he is opposed to the CUP being granted because
the tower will be an eyesore and cause property values to go down. He said the cell coverage from
carriers other than the applicant is adequatefor the neighborhood.
Cort Maddox, Opequon District, said he is frustrated by the request fora new tower
becauseinfrastructureis already there. He said he is opposedto the tower and that it will not add
anythingto the current service availability.
Chairman DeHaven closed the public hearing.
SupervisorWells noted the only change since the applicationwas recommendedfor denial
by the PlanningCommissionis the tower height and that the tower will not help residents in the
neighborhood who have widely voiced oppositionto the CUP. Supervisor Wells moved for denial
of Conditional Use Permit #08-19 to construct a commercial telecommunicationfacility consisting
of a 195-foot monopole telecommunication facility and accessory structuresat 107 Emory Court,
Stephens City, Virginia.Supervisor Slaughter seconded the motion for denial.
Supervisor Graber concurred that the proposed location is not suited for a tower butnoted
the applicant has applied at two nearby locations that were also denied. He referenced a previously
conducted broadband study and suggested the study be reviewed to begin discussion on
addressing the need for additional broadband coverage in the County. He concluded saying that
while citizens want more towers for better broadband coverage, it appears theydo not want towers
in their own backyards.
Supervisor McCarthy said that while he is a proponent for providing telecommunications
services to the residents of the County, this situation differs from the one in which residents in his
district have been asking for more towers to be allowed. Regarding the current request, he said
citizens have not requested more towers, nor have they reported a need for additional
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Frederick County Board of Supervisors
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19
telecommunications services. He said he is supportive of the motion for denial and agreed that the
broadband study should be reviewed.
County Attorney referenced the draft resolution Denying Conditional Use Permit
Application Number 08-19and clarified that Supervisor Wells’motion for denial incorporated a
motion to adopt the resolution of denial. Supervisors Wells and Slaughter concurred.
The motion for denial and adoption of the resolutionof denialcarried on arecordedvote
as follows:
Blaine P. DunnAyeGene E. Fisher Aye
Shawn L. GraberAyeRobert W. WellsAye
J. Douglas McCarthyAyeCharles S. DeHaven, Jr.Aye
Judith McCann-SlaughterAye
RESOLUTION
Denying Conditional Use Permit Application Number 08-19
of Landgrant Lane LLC and TowerCo 2013 LLC
for a Commercial Telecommunications Facility,
on Property Located at 107 Emory Court,
Tax Parcel Number 75-A-118, in the Opequon Magisterial District
WHEREAS, on December 2, 2019, Landgrant Lane LLC and TowerCo 2013 LLC (the
“Applicants”) submitted Conditional Use Permit Application Number 08-19 (the “Application”),
requesting approval of a Conditional Use Permit, pursuant to Frederick County Code § 165-204.19, for a
commercial telecommunications facility, on property located at 107 Emory Court, Tax Parcel Number 75-
A-118 (the “Property”), in the Opequon Magisterial District; and
WHEREAS, the Frederick County Planning Commission conducted a public hearing on the
Application on January 15, 2020; and
WHEREAS, the Frederick County Planning Commission recommended denial of the Application
on January 15, 2020, by a vote of 11-1; and
WHEREAS, the Board of Supervisors conducted a public hearing on the Application on April 8,
2020; and
WHEREAS, the Property is located in the Rural Areas (RA) Zoning District; and
WHEREAS, surrounding the Property on all sides is property located in the Rural Areas (RA)
Zoning District, owned by Frederick County and operated by Frederick County as Sherando Park, which
serves as a major recreation facility for the community; and
WHEREAS, approximately 110 feet to the northeast of the Property is property located in the
Residential Performance (RP) Zoning District, specifically, the Old Dominion Greens residential
subdivision, which subdivision is in fact in use for exclusively residential purposes or is currently under
development for use for exclusively residential purposes; and
WHEREAS, the Board of Supervisors finds the requested use of the Property for a commercial
telecommunications facility is not in conformance with the Comprehensive Plan and that placement of a
commercial telecommunications facility on the Property is inconsistent with the Comprehensive Plan, for
reasons including but not limited to the following:
The Property and the surrounding area are located within the area encompassed by the
Southern Frederick Area Plan (the “Area Plan”) component of the Comprehensive Plan and
the Area Plan shows the Property and the surrounding area as being planned for recreation
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uses, the surrounding area specifically being Sherando Park, a major recreation facility for
the community; and
The Old Dominion Greens residential subdivision, located approximately 110 feet to the
northeast of the Property, is within the area encompassed by the Area Plan, which shows the
Old Dominion Greens residential subdivision as being planned for residential uses, at a
density of four units per acre; and
The Property is located approximately 900 feet to the northeast of Wrights Run and the banks
of Wrights Run, which is within the area encompassed by the Area Plan, which shows Wrights
Run and the banks of Wrights Run designated as a natural resources and recreation area; and
Although commercial telecommunications facilities are permitted by conditional use permit
in the RA Zoning District, such permission is expressly conditioned by § 165-204.19(C)(1)
of the Frederick County Zoning Ordinance on the proviso that, pursuant to § 15.2-2232(A) of
the Virginia Code, the general location or approximate location, character, and extent of such
facilities must be substantially in accord with the adopted Comprehensive Plan or part thereof,
and, as such, the Board finds that the Applicants have failed to establish compliance with the
foregoing provisions and the Board further finds that the general location or approximate
location, character, and extent of the commercial telecommunications facility proposed in the
Application is not substantially in accord with the adopted Comprehensive Plan or part
thereof; and
The Frederick County Planning Commission has also not approved the proposed commercial
telecommunications facility as so being substantially in accord with the adopted
Comprehensive Plan or part thereof, under the provisions of Va. Code § 15.2-2232(A); and
WHEREAS, although commercial telecommunications facilities are permitted by conditional use
permit in the RA Zoning District, such permission is also expressly conditioned by § 165-204.19 of the
Frederick County Zoning Ordinance, which provides that, adjoining properties, surrounding residential
properties, land use patterns, and scenic areas cannot be negatively impacted by the proposed facility, and
the Board finds that adjoining properties, surrounding residential properties, land use patterns, and scenic
by the proposed commercial telecommunications facility, based on the
areas would be negatively impacted
height of the proposed tower and the lack of adequate screening, for reasons including but not limited to
the following:
The simulations presented by the Applicant of the proposed commercial telecommunications
facility reveal that the proposed site provides little, if any, screening for the proposed
commercial telecommunications facility, specifically the tower itself, thereby leaving
unobstructed and unsightly views of that facility from several different vantage points (one
such example, at a site located 0.11 miles, is attached hereto as Exhibit 1 and numerous other
homes and park land are similarly located within 0.25 miles or less from the location of the
proposed commercial telecommunications facility, as shown in Exhibit 2 attached hereto);
and
The height of the proposed commercial telecommunications facility, 150 feet, at a location
729 feet above sea level (see Exhibit 3 attached hereto), for a total height of 879 feet above
sea level, is significantly greater than every structure in the immediate vicinity, within at least
one mile in any direction, (see Exhibit 4 attached hereto) and, therefore, the proposed
commercial telecommunications facility is incompatible with and out of scale with the height
all of the existing structures in the immediate vicinity of the proposed tower; and
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21
Sherando Park serves as a major recreation facility for the community and the requested use
would be inconsistent with and would negatively impact the public enjoyment of the park as
scenic open space for recreational use; and
The Property is located in an environmentally significant area, containing scenic landscape,
scenic features, and habitat for various wildlife, and the requested use would be incompatible
with and would negatively impact the area by detracting from the general viewshed of the
area, especially in view of the height of the proposed facility and the lack of adequate
screening of that facility; and
The Property is located nearby to a significant residential area and that the nature of such a
facility would be inconsistent with such an area and would negatively impact that area in
terms of, among other things, viewshed and property values; and
WHEREAS, the search area that the Applicants identified for the proposed commercial
telecommunications facility contains one or more other locations more suitable for such a facility; and
WHEREAS, at the Planning Commission public hearing on the Application, at least 16 citizens
spoke against approval of the Application (and one citizen spoke in favor), citing the following as among
the reasons that approval of the Application would be inappropriate: inconsistency of the facility with the
nature of the area, negative impact on viewshed, and negative impact on property values; and
WHEREAS, in advance of the Board of Supervisors public hearing on the Application, the Board
of Supervisors received comments (by electronic submission) from at least 61 citizens who are against
approval of the Application (and two in favor), a copy of which comments is attached hereto as Exhibit 5
(Exhibit 5 is a compilation reflecting the names of each and every person submitting a comment, and his
or her respective verbatim comment, with the compilation omitting, for privacy reasons, the physical
addresses, telephone numbers, email addresses of each such person, but the Board of Supervisors retains
the original versions of the comments, with such information, and incorporates the same as if fully set forth
herein); and
WHEREAS, at the Board of Supervisors public hearing on the Application, two citizens spoke
against the proposed commercial telecommunications facility and none spoke in favor of the proposed
commercial telecommunications facility;
NOW, THEREFORE, BE IT RESOLVED that, based on the foregoing grounds, the Frederick
County Board of Supervisors does hereby deny the Application, pursuant to Frederick County Code § 165-
204.19, for a commercial telecommunications facility, on property located at 107 Emory Court, Tax Parcel
Number 75-A-118, in the Opequon Magisterial District; and
BE IT FURTHER RESOLVEDthat the Frederick County Board of Supervisors does hereby
incorporate such other and further written submissions (whether received electronically or in paper form)
as it has received concerning the Application, and the reports of County staff, as part of this written
resolution in support of the denial of the Application, as if fully set forth herein; and
BE IT FURTHER RESOLVED that, pursuant to the requirements of Virginia Code § 15.2-
2316.4:1(E)(2), the Board of Supervisors states that the only modifications, if any, of which it is aware that
would permit it to approve the Application are, possibly, that the height of the proposed commercial
telecommunications facility were reduced and/or that the proposed commercial telecommunications facility
be placed at another location that would serve the area.
+ + + + ++ + + + + + + + +
PLANNING COMMISSION BUSINESS–OTHER PLANNING BUSINESS
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Frederick County Board of Supervisors
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22
RESCISSION OF DENIAL OFREZONING #06-19 WINCHESTER MEDICAL CENTER–
APPROVED
Supervisor McCarthy refenced the Board’s March 11, 2020, denial of Rezoning #06-19-
Winchester Medical Center. He said discussion with members of the Winchester Medical Center
Board have resulted in the applicant’s agreement to revise the proffers and further to restore
language granting access to neighboring properties. He moved to rescind the denial passed on
March 11and Supervisor Graber seconded the motion to rescind.
The Board and County Attorney Williams discussed the motion causing only
reversal ofthe denial,the timing for rescinding,and the path for the matter to be placed on a future
Board agenda for reconsideration. The motion to rescind carried on a recorded vote as follows:
Blaine P. DunnAyeGene E. Fisher Aye
Shawn L. GraberAyeRobert W. WellsAye
J. Douglas McCarthyAyeCharles S. DeHaven, Jr.Aye
Judith McCann-SlaughterAye
BOARD LIAISON REPORTS-None
CITIZEN COMMENTS-None
BOARD OF SUPERVISORS COMMENTS
Chairman DeHaven recognized National Telecommunicators Week.
Chairman DeHaven noted that County staff members have been performing above and
beyond duty during the pandemic crisis.
Supervisor Dunn noted the difficulty of fundraising for volunteer fire and rescue companies
during the pandemic crisis. He referenced the earlier denial of the conditional use permit for a cell
tower and suggested that co-location of commercial equipment be considered for any new towers
added through the current radio system upgrade.
Supervisor McCarthy recognized that the Apple Blossom Festival has been cancelled
because of the pandemic and reminded citizens to celebrate while social distancing.
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23
Supervisor Graber agreed with Supervisor Dunn regarding co-location of equipment and
leasing of spaceon emergency services communications towers. He encouraged donations to food
banks and volunteer fire departments during the pandemiccrisis.
ADJOURN
On motion of Vice Chairman Wells, seconded by Supervisor Dunn,the meeting was
adjourned at 8:37p.m.
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24
41
DECLARATION OF EXTENSION OF A LOCAL EMERGENCY
RESOLUTION # _____ DECLARING AN EXTENSION OF ALOCAL EMERGENCY IN
FREDERICK COUNTY, VIRGINIA
WHEREAS:
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 Coronavirus (COVID-19)Pandemic;
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 systemandpublic
safetyand social service agencies;
3.Due to the imminent danger and prolonged duration of thepandemic, an Emergency Declaration
providesthe County theability to expedite theperformance of public work, enterinto contracts
for urgent resources, provide formaterials and supplies,and take other actions necessary to
protect the health and welfare of the public.
4.The Governor’sExecutive Order number 55 included a“stay at home order”effective until June
10,2020 unless amendedor rescindedby further executiveorder.
5.TheBoard of Supervisors, at its meetingon March 25, 2020, previously ratifiedsuch an
Emergency Declaration(the “Emergency Declaration”), effective March 17, 2020, to remain in
effect untilApril 30, 2020.
6.Conditions continue to exist as of this date, dictating that the Emergency Declaration be extended
until June 10, 2020.
NOW, THEREFORE, IT IS HEREBY DECLARED
that the Emergency Declaration be extended until
June 10, 2020
ADOPTED th
this 13day of May2020.
Upon motion made by Supervisor ________________________, seconded by Supervisor
_______________________, the above Resolution was approved by the following recorded vote:
CharlesS. 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.: ________
CC:Cheryl B. Shiffler, Finance Director
43
C. William Orndoff, Jr., Treasurer
44
INFORMATION TECHNOLOGY COMMITTEE REPORT to the BOARD OF SUPERVISORS
Wednesday, April 29, 2020
8:30 a.m.
107 NORTH KENT STREET, WINCHESTER, VIRGINIA
ATTENDEES:
Committee Members Present: Blaine Dunn, Committee Chairman, Charles S. DeHaven, Jr.,
Chairman Board of Supervisors, J. Douglas McCarthy, Board Member, Quaiser Absar, Citizen
Member, and Todd Robertson, Citizen Member. Also, in attendance were Kris Tierney, County
Administrator, Jay Tibbs, Deputy County Administrator, Scott Varner, IT and MIS Director,
Patrick Fly, GIS Manager
Committee Members Absent: All were present
Staff present: Also, in attendance were Kris Tierney, County Administrator, Jay Tibbs, Deputy
County Administrator, Scott Varner, IT and MIS Director, Patrick Fly, GIS Manager
ITEMS REQUIRING ACTION BY BOARD OF SUPERVISORS:
1.The Director of Information Technology and MIS discussed providing public wi-
fi access in the parking lots at County fire stations and the newly acquired property
at Sunnyside Plaza to assist citizens and their children with access to the internet
during the COVID-19 pandemic. The Committee determined that the fire stations
located in Star Tannery, North Mountain, Reynolds Store, and Gore would be the
stations most strategically located in areas of greatest need. The Frederick County
Public School System is currently providing public wi-fi access in the parking lots
of the schools which covers most of the County east of I-81. The committee also
recommended the site at Sunnyside Plaza due to the large parking lot. The
committee recommended that staff move forward with service at thefour fire
stations identified and Sunnyside plaza. Further Board of Supervisors discussion
is requested to identify the length of time for funding the service. The Information
Technology department requests approval to fund the monthly service fee for the
public wi-fi project at $2,000 per month total for all five sites.
2.The Director of Information Technology and MIS along with the GIS Manager
gave the committee a brief overview of the actions taken by the County in relation
to broadband expansion from the 2013 Broadband Study up through the current
fiscal year. County staff continues to apply for various grant funds to expand
broadband and requested approval to move forward with developing an RFP to
solicit partners to work with the County to address all underserved and unserved
areas of the County. The RFP would target partners that want to work with the
County on the Virginia Telecommunications Initiative Grant. The same RFP
framework would be used to pursue other grant opportunities as well. After
analyzing past grant awards and speaking to the State, the Director of IT and MIS
discussed the need for County matching funds to improve our chances of being
46
awarded a grant. The Director acknowledged the timing of this request in relation
to the economic implications of COVID-19 and requested further Board of
Supervisors discussion on whether we pursue County funding for the upcoming
fiscal year or wait until the 2022 grant cycle. The Information Technology
Committee requests guidance from the Board of Supervisors on whether to apply
for 2021 grants or wait for the 2022 grant cycle.
ITEMS FOR INFORMATION ONLY
1.The Committee discussed establishing a sub-committee of the Information
Technology Committee to focus on broadband expansion. The committee
requested that the Director of Information Technology and MIS develop criteria
for participation on the sub-committee and recommend individuals for
appointment. As this is a sub-committee for the Information Technology
Committee, no board action is required.
2.The Director of Information Technology and GIS presented the Committee with
updates to the County Acceptable Use Policy. All policies addressing the use of
County information systems were updated to reflect new standards and
cybersecurity requirements. The Committee unanimously approved the updated
policies.
Respectfully submitted,
INFORMATION TECHNOLOGIES COMMITTEE
Blain Dunn, Chairman
Charles S. DeHaven, Jr.
Douglas McCarthy
Quaiser Absar
Todd Robertson
47
48
COUNTY OF FREDERICK
Roderick B. Williams
County Attorney
540/722-8383
Fax 540/667-0370
E-mail rwillia@fcva.us
MEMORANDUM
TO: Frederick County Board of Supervisors
CC: Kris Tierney, County Administrator
FROM: Roderick B. Williams, County Attorney
DATE: May 1, 2020
RE: Commissioner of Revenue Refund Requests
Attached, for the Board’s review, are requests to authorize the Treasurer to credit the following
entities:
1.Stonewall II LLC– $2,870.45
2.Undisclosed Taxpayer – Disabled Veteran’s Relief – $7,550.01
3.Vectren Energy Services Corp d/b/a Energy Systems Group LLC –
$4,534.00
Attachments
4:
107 North Kent Street • Winchester, Virginia 22601
COUNTY OF FREDERICK
Roderick B. Williams
County Attorney
540/722-8383
Fax 540/667-0370
E-mail rwillia@fcva.us
MEMORANDUM
TO: Seth T. Thatcher, Commissioner of the Revenue
Frederick County Board of Supervisors
CC: Kris Tierney, County Administrator
FROM: Roderick B. Williams, County Attorney
DATE: May 1, 2020
RE: Refund – Stonewall II LLC
I am in receipt of the Commissioner’s request, dated April 10, 2020, to authorize the Treasurer to
refund Stonewall II LLC the amount of $2,870.45, for exoneration of personal property taxes for
2018 and 2019 and vehicle license fees for 2019. This refund resulted from vehicles that were
sold on January 31, 2018.
The Commissioner verified that documentation and details for this refund meet all requirements.
Pursuant to the provisions of Section 58.1-3981(A) of the Code of Virginia (1950, as amended), I
hereby note my consent to the proposed action. The Board of Supervisors will also need to act
on the request for approval of a supplemental appropriation, as indicated in the Commissioner’s
memorandum.
Attachment
51
107 North Kent Street • Winchester, Virginia 22601
Frederick County, Virginia
hCCL/9 hC
/haaL{{Lhb9w hC I9 w99b
9
107 North Kent Street P.O. Box 552
Winchester VA 22601 Winchester VA 22604-0552
seth.thatcher@fcva.us
www.fcva.us/cor
SETH T. THATCHER Phone: 540-665-5681
COMMISSIONER Fax: 540-667-6487
!¯±¨« ΐΏǾ ΑΏΑΏ
4/Ȁ 2®£ 7¨««¨ ¬²Ǿ #®´³¸ !³³®±¤¸
#§¤±¸« 3§¨¥¥«¤±Ǿ &¨ ¢¤ $¨±¤¢³®±
&±¤£¤±¨¢ª #®´³¸ "® ±£ ®¥ 3´¯¤±µ¨²®±²
+±¨² 4¨¤±¤¸Ǿ #®´³¸ !£¬¨¨²³± ³®±
&2/-Ȁ 3¤³§ 4ȁ 4§ ³¢§¤±Ǿ #®¬¬¨²²¨®¤± ®¥ ³§¤ 2¤µ¤´¤
2%Ȁ %·®¤± ³¨® 3³®¤¶ «« )) ,,#
͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑
Please approve a refund of $2,870.45 for personal property taxes for 2018 and 2019 as well as
vehicle license fees for 2019 in the name of Stonewall II LLC. This refund reflects an
exoneration for vehicles that were sold on January 31, 2018.
4® ¢®¬¯«¸ ¶¨³§ ³§¤ ±¤°´¨±¤¬¤³² ¥®± ³§¤ 4±¤ ²´±¤± ³® ¨²²´¤ ³§¨² ±¤¥´£Ǿ "® ±£ ¢³¨® ¨²
±¤°´¨±¤£ȁ
³§¤ #®¬¬¨²²¨®¤± ®¥ ³§¤ 2¤µ¤´¤ȁ
0«¤ ²¤ «²® ¯¯±®µ¤ ²´¯¯«¤¬¤³ « ¯¯±®¯±¨ ³¨® ¥®± ³§¤ &¨ ¢¤ $¨±¤¢³®± ® ³§¨² ±¤°´¤²³ȁ
%·®¤± ³¨® ¨² ȁ
$2,870.45
52
53
COUNTY OF FREDERICK
Roderick B. Williams
County Attorney
540/722-8383
Fax 540/667-0370
E-mail rwillia@fcva.us
MEMORANDUM
TO: Seth T. Thatcher, Commissioner of the Revenue
Frederick County Board of Supervisors
CC: Kris Tierney, County Administrator
FROM: Roderick B. Williams, County Attorney
DATE: May 1, 2020
RE: Refund – Undisclosed Taxpayer – Disabled Veteran’s Relief
I am in receipt of the Commissioner’s request, dated April 28, 2020, to authorize the Treasurer to
refund a taxpayer the amount of $7,550.01 from 2011 through 2019 for real estate taxes, based
on proper filing of proof of 100% permanent and total disability directly due to military service,
as required under the Virginia Code change as a result of the Constitutional amendment that took
effect for 2011. The Constitutional amendment and the enabling legislation automatically make
qualifying property exempt as of that date, for a veteran whose disability rating occurs prior to
that date. Taxpayer’s name cannot be made public because of applicable legal requirements as to
privacy, but is known to the Commissioner and the Treasurer on a confidential basis.
The Commissioner verified that documentation and details for this refund meet all requirements.
Pursuant to the provisions of Section 58.1-3981(A) of the Code of Virginia (1950, as amended), I
hereby note my consent to the proposed action. The Board of Supervisors will also need to act
on the request for approval of a supplemental appropriation, as indicated in the Commissioner’s
memorandum.
Attachment
54
107 North Kent Street • Winchester, Virginia 22601
Frederick County, Virginia
hCCL/9 hC
/haaL{{Lhb9w hC I9 w99b
9
107 North Kent Street P.O. Box 552
Winchester VA 22601 Winchester VA 22604-0552
seth.thatcher@fcva.us
www.fcva.us/cor
SETH T. THATCHER Phone: 540-665-5681
COMMISSIONER Fax: 540-667-6487
!¯±¨« ΑΗǾ ΑΏΑΏ
4/Ȁ 2®£ 7¨««¨ ¬²Ǿ #®´³¸ !³³®±¤¸
#§¤±¸« 3§¨¥¥«¤±Ǿ &¨ ¢¤ $¨±¤¢³®±
&±¤£¤±¨¢ª #®´³¸ "® ±£ ®¥ 3´¯¤±µ¨²®±²
+±¨² 4¨¤±¤¸Ǿ #®´³¸ !£¬¨¨²³± ³®±
&2/-Ȁ 3¤³§ 4ȁ 4§ ³¢§¤±Ǿ #®¬¬¨²²¨®¤± ®¥ ³§¤ 2¤µ¤´¤
2%Ȁ %·®¤± ³¨® Ȩ. ¬¤ ¶¨³§§¤«£ #/.&)$%.4)!,ȩ
͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑
0«¤ ²¤ ¯¯±®µ¤ ±¤¥´£ ®¥ ͡ΖǾΔΔΏȁΏΐ ¥®± ¤·®¤± ³¨® ®¥ ±¤ « ¤²³ ³¤ ³ ·¤² ¥±®¬ ΑΏΐΐ
³§±®´¦§ ΑΏΐΘ ¥®± ΐΏΏυ ¯¤±¬ ¤³«¸ £ ³®³ ««¸ ²¤±µ¨¢¤ȃ¢®¤¢³¤£ £¨² ¡«¤£ µ¤³¤± ȁ
4§¨² ±¤¥´£ ¯¯«¨¤² ³® ¯±¨¢¨¯«¤ ±¤²¨£¤¢¤ £ ¨² ²´¯¯®±³¤£ ¡¸ ³§¤ 6¤³¤± ²
!£¬¨¨²³± ³¨® ®¥¥¨¢¨ « £®¢´¬¤³ ³¨® ³§ ³ § ² ¡¤¤ ¯±®µ¨£¤£ ³® ´²ȁ
4® ¢®¬¯«¸ ¶¨³§ ³§¤ ±¤°´¨±¤¬¤³² ¥®± ³§¤ 4±¤ ²´±¤± ³® ¨²²´¤ ³§¨² ±¤¥´£Ǿ "® ±£ ¢³¨® ¨²
±¤°´¨±¤£ȁ
¥¥ § ² µ¤±¨¥¨¤£ «« ±¤°´¨±¤£ £ ³ Ǿ £ ³§¤ ¯ ¯¤±¶®±ª ¨² ¨ ³§¤ ¢ ±¤ ®¥
³§¤ #®¬¬¨²²¨®¤± ®¥ ³§¤ 2¤µ¤´¤ȁ
0«¤ ²¤ «²® ¯¯±®µ¤ ²´¯¯«¤¬¤³ « ¯¯±®¯±¨ ³¨® ¥®± ³§¤ &¨ ¢¤ $¨±¤¢³®± ® ³§¨² ±¤°´¤²³ȁ
%·®¤± ³¨® ¨² ͡ΖǾΔΔΏȁΏΐȁ
55
56
COUNTY OF FREDERICK
Roderick B. Williams
County Attorney
540/722-8383
Fax 540/667-0370
E-mail rwillia@fcva.us
MEMORANDUM
TO: Seth T. Thatcher, Commissioner of the Revenue
Frederick County Board of Supervisors
CC: Kris Tierney, County Administrator
FROM: Roderick B. Williams, County Attorney
DATE: May 1, 2020
RE: Exoneration – Vectren Energy Services Corp
d/b/a Energy Systems Group LLC
I am in receipt of the Commissioner’s request, dated April 9, 2020, to authorize the Treasurer to
refund Vectren Energy Services Corp d/b/a Energy Systems Group LLC the amount of
$4,534.00, for exoneration of business license taxes for 2020. This refund resulted from an
adjustment to the company’s estimated gross receipts as the actual gross receipts were less than
their estimate as a result of not being awarded a work contract.
The Commissioner verified that documentation and details for this refund meet all requirements.
Pursuant to the provisions of Section 58.1-3981(A) of the Code of Virginia (1950, as amended), I
hereby note my consent to the proposed action. The Board of Supervisors will also need to act
on the request for approval of a supplemental appropriation, as indicated in the Commissioner’s
memorandum.
Attachment
57
107 North Kent Street • Winchester, Virginia 22601
Frederick County, Virginia
hCCL/9 hC
/haaL{{Lhb9w hC I9 w99b
9
107 North Kent Street P.O. Box 552
Winchester VA 22601 Winchester VA 22604-0552
seth.thatcher@fcva.us
www.fcva.us/cor
SETH T. THATCHER Phone: 540-665-5681
COMMISSIONER Fax: 540-667-6487
!¯±¨« 9, 2020
TO: 2®£ 7¨««¨ ¬²Ǿ #®´³¸ !³³®±¤¸
#§¤±¸« 3§¨¥¥«¤±Ǿ &¨ ¢¤ $¨±¤¢³®±
&±¤£¤±¨¢ª #®´³¸ "® ±£ ®¥ 3´¯¤±µ¨²®±²
+±¨² 4¨¤±¤¸Ǿ #®´³¸ !£¬¨¨²³± ³®±
FROM: 3¤³§ 4ȁ 4§ ³¢§¤±Ǿ #®¬¬¨²²¨®¤± ®¥ ³§¤ 2¤µ¤´¤
RE: Exoneration 6¤¢³±¤ %¤±¦¸ 3¤±µ¨¢¤² #®±¯
£ȝ¡ȝ %¤±¦¸ 3¸²³¤¬² '±®´¯ ,,#
_____________________________________________͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑
Please approve a refund of $4,534.00 for a business license assessment refund for 2020 in the
6¤¢³±¤ %¤±¦¸ 3¤±µ¨¢¤² #®±¯ £ȝ¡ȝ %¤±¦¸ 3¸²³¤¬² '±®´¯ ,,#
name of . This refund
reflects an adjustment to their estimated gross receipts as the actual gross receipts were less than
their estimate as a result of not being awarded a work contract.
4® ¢®¬¯«¸ ¶¨³§ ³§¤ ±¤°´¨±¤¬¤³² ¥®± ³§¤ 4±¤ ²´±¤± ³® ¨²²´¤ ³§¨² ±¤¥´£Ǿ "® ±£ ¢³¨® ¨²
required.
³§¤ #®¬¬¨²²¨®¤± ®¥ ³§¤ 2¤µ¤´¤ȁ
0«¤ ²¤ «²® ¯¯±®µ¤ ²´¯¯«¤¬¤³ « ¯¯±®¯±¨ ³¨® ¥®± ³§¤ &¨ ¢¤ $¨±¤¢³®± ® ³§¨² ±¤°´¤²³ȁ
Exoner ³¨® ¨² .
$4,534.00
58
59
COUNTY OF FREDERICK
Roderick B. Williams
County Attorney
540/722-8383
Fax 540/667-0370
E-mailrwillia@fcva.us
MEMORANDUM
TO:Board of Supervisors
FROM:Roderick B. Williams
County Attorney
DATE:May 7, 2020
RE:Emergency ordinance for continuity of operations to permit remote participation
in meetings of County boards, commissions, and committees–request for
advertising of public hearing on ordinance for June 10meeting
At its meeting on April 8, the Board passed an emergency ordinance permittingmembers
of County boards, commissions, and committees to participate remotely in meetings of those
bodies, consistent with the applicable provisions of the Freedom of InformationAct (FOIA),
specifically, Va. Code § 2.2-3708.2.Because the Board’s passage of the ordinance was an
emergency ordinance, without advertising pursuant to Va. Code § 15.2-1427(F), if the Board
wishes for the ordinance to remain in effect beyond 60 days from its passage (that is, after June
7) it is requested that the Board to authorize such advertising, for a traditional public hearing to
be held at the Board’s first meeting in June.
As well, forthe Board’s information, the ordinance is designed to be atemporary
ordinance only, to address the current emergency, under the continuity of government provisions
of Va. Code § 15.2-1413.Therefore, the ordinance is subject to expiration after six months
(October 7), unless the Board finds it appropriate, based on circumstances closer to that time, to
readopt the ordinance.
61
107 North Kent Street • Winchester, Virginia 22601
62
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:
May 6,2020
RE:
Committee Appointments
Listed below are the vacancies/appointments due through June2020.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.)
JUNE2020
Lord Fairfax Community College Board (LFCC)
Michael A. Lake –Frederick County Representative
64
Memorandum –Board of Supervisors
May6,2020
Page 2
861 Valley View Drive
Winchester, VA 22603
Phone: (540)533-2169
Term Expires: 06/30/20
Four-year term
(Mr. Lake is eligible for reappointment,is willing to continue servingand is
recommended for reappointment by Lord Fairfax Community College.)The County
has two seats on the Lord Fairfax College Board. Members serve a four-year term and
may only serve two consecutive terms.)
Social Services Board
Ryan C. Shaw –Red Bud District Representative
110 Foxglove Drive
Winchester, VA 22602
Phone: 877-4978
Term Expires: 06/30/20
Four-year term
(Mr. Shaw has moved from the Red Bud District.)The Social Services Board
is comprised of seven members, one member from each magisterial district and one
member at large.Members serve a four-year term and are limited to two consecutive
terms.)
Winchester Regional Airport
Paul G. Anderson, Jr. –Frederick County Representative
1009 Germany Road
Stephens City, VA 22655
Phone: (540)869-2182
Term expires: 06/30/20
Four-year term
VACANCIES/OTHER
People, Inc.
Per Chairman DeHaven, Robert G. Goldsmith, President and CEO of People, Inc.,
(See
has requested to appoint a representative to sit on their Board of Directors.
Attached Application of Linda Gibson.)
65
Memorandum –Board of Supervisors
May6,2020
Page 3
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
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(05132020BdMtg).docx
66
INFORMATIONAL DATA SHEET
FOR
FREDERICK COUNTY BOARD OF SUPERVISORS
COMMITTEE APPOINTMENTS
____________________________,_____________________________ District Supervisor, would like to
nominate you to serve on the ___________________________________________________.
QfpqmfJodCpbse
As a brief personal introduction to the other Board members, please fill out the information requested below for
(Please Print Clearly. Thank You.)
their review prior to filling the appointment.
Name:Home Phone:
_________________________________ ______________________
MjoebHjctpo
Address:Office Phone:
_________________________________ ______________________
218OLfouTusffu651.776.6799
Cell/Mobile:
_________________________________ ______________________
Xjodiftufs-WB33712
Fax:__________
_________________________________ ____________
Employer:Email:
________________________________ __________________________________
GsfefsjdlDpvouzEfqupgTpdjbmTfswjdftm
Occupation:
_________________________________________________________________________
BttjtubouEjsfdups
Civic/Community Activities:
___________________________________________________________
____________________________________________________________________________________
Will You Be Able To Attend This Committee's Regularly Scheduled Meeting On:
Yes:No:
____________________________________________________ _______ _______
y
Do You Foresee Any Possible Conflicts Of Interest Which Might Arise By Your Serving On
This Committee? Yes:No:Explain:
______________
y
____________________________________________________________________________________
Additional Information Or Comments You Would Like To Provide (If you need more space, please
usethe reverse side or include additional sheets):
____________________________________________________________________________________
JtfswfepouifCpbsepgQfpqmfJodgspnfbsmz3128uispvhiuiffoepg3129/JibeuptufqepxoxifoJmfguuifDpvouzupxpslgpsuifWjshjojb
____________________________________________________________________________________
EfqbsunfoupgTpdjbmTfswjdft/JsfuvsofeupnzqsfwjpvtqptjujpobuGsfefsjdlDpvouzEfqupgTpdjbmTfswjdftjoPdupcfs312:boexpvme
____________________________________________________________________________________
cfipopsfeupsfuvsoupnzspmfpouifcpbsepgQfpqmfJod/
____________________________________________________________________________________
Applicant’s Signature:Date:
_______________________________ ___________________
5033031
Nominating Supervisor's Comments:
___________________________________________________
____________________________________________________________________________________
____________________________________________________________________________________
Please submit form to:
Frederick County Administrator’s Office
107 North Kent Street
Winchester, VA 22601
or email to: tprice@fcva.usor jtibbs@fcva.us
67
(03/04/15)
68
DRAFT 4/17/20
RULES OF PROCEDURE AND CONDUCT
FREDERICK COUNTY BOARD OF SUPERVISORS
Adopted by the Frederick County Board of Supervisors
at a Regular Meeting Held on May 28, 2003
ARTICLE I – MEETINGS
Section 1-1. Annual Meeting; Schedule of Regular Meetings \[Amended 01/09/19\]
On the second Wednesday of January of each year, or on such other date in the month of
January as it may designate, the Board shall assemble in the Board of Supervisors’ Meeting
Room of the County Administration Building, 107 North Kent Street, Winchester, Virginia, or
such other public place as it may designate, in regular session and conduct its annual or
organizational meeting. During the course of such meeting, the Board shall fix the date, time,
and place of all of its regular meetings during the ensuing calendar year, and shall fix the day
on which a regular meeting shall be continued should the Chairman later declare that weather
or other conditions make it hazardous for members to attend. Thereafter, no changes shall be
made to the schedule of regular meetings and continued dates of same unless the requirements
of Section 15.2-1416 of the Code of Virginia, 1950, as amended, are first met, except that the
Chairman may cancel a regular meeting in extenuating circumstances.
Section 1-2. Special Meetings
The Board of Supervisors may hold such special meetings as it deems necessary and at
such times and places as it may find convenient. A special meeting can only be called pursuant
to the requirements imposed by Sections 15.2-1417 and 15.2-1418 of the Code of Virginia, 1950,
as amended.
Section 1-3. Continued Meetings
Upon majority vote of the members attending, the Board may continue its meetings,
regular or special, from time to time as it may find convenient or necessary with no requirement
to further advertise or announce.
6:
1
Section 1-4. Quorum and Method of Voting
At any meeting, a majority of the Supervisors shall constitute a quorum. All questions
submitted to the Board for decision shall be determined by a majority vote of the Supervisors
present and voting on any such question, unless otherwise provided by law or these Rules of
Procedure. The name of each member voting and how he or she voted will be recorded for each
action taken by the Board of Supervisors.
The Board of Supervisors has elected not to have a tiebreaker, as provided for by the
Code of Virginia, 1950, as amended.
Section 1-5. Motions
Subject to limitations imposed hereafter in these rules, discussion of items on the agenda
shall be permitted for purposes of clarifying the issues and/or the options available for
consideration. No call for a vote shall be allowed until a member of the Board moves a specific
action with reasonable clarity and each member of the Board has thereafter had an opportunity
to speak to the specific motion. Motions shall require a second. When possible, Board members
making complex, multi-part, or lengthy motions are requested to provide the clerk with a
written copy of the motion at the time the motion is made.
Section 1-6. Motion to Adjourn
At a meeting of the Board, a motion to adjourn shall always be in order and shall be
decided without debate, provided each member of the Board is given a reasonable opportunity
to be heard.
Section 1-7. Motions While a Question is Under Debate
When a motion is under debate at a meeting of the Board, no motion shall be received
unless it is one to amend, to refer to committee, for the previous question, for a substitute
motion to lay on the table, or to recess or adjourn.
Section 1-8. Reconsideration of Motions, Etc., Upon Which Vote Has Been Announced;
Rescission of Previous Actions
At any meeting of the Board, when any vote upon any motion, resolution, ordinance, or
question has been previously announced at that meeting, the Board may not reconsider the
matter unless and until a motion to that effect is presented at that meeting by a member of the
71
2
Board who voted with the Prevailing side when such motion, resolution, ordinance, or question
was considered. Any such motion to reconsider shall be decided by a majority vote of the
members present at the time such motion to reconsider is presented. If the Board approves the
motion to reconsider, the Board shall then proceed with debate on the matter as it was pending
prior to the original vote on the matter.
At a subsequent meeting of the Board, the Board may not rescind any motion, resolution,
ordinance, or question announced at a previous meeting, except and unless:
-The action at issue is practically capable of being rescinded (e.g., a completed
transaction or an approval upon which a party has detrimentally relied may not be the
subject of a motion to rescind);
-A Board member makes the motion to rescind not more than 30 days after the vote
upon the matter; and either
-If the Board member has given notice of intent to make the motion to rescind, either by
giving such notice at the immediately previous meeting of the Board or by requesting
inclusion of the motion to rescind on the agenda for the meeting at which the Board
member intends to make the motion, and such motion to rescind receives the affirmative
vote of a majority of the members present at the time such motion to rescind is
presented; or
-If the Board member has not given such notice of intent to make the motion to rescind,
the motion to rescind receives the lesser of (i) the affirmative vote of a majority of the
members (including those not present at the time such motion to rescind is presented) or
(ii) the affirmative vote of two-thirds of the members present at the time such motion to
rescind is presented.
If the Board approves a motion to rescind, the Board shall proceed with debate on the matter as
it was pending prior to the original vote on the matter, but such debate and further decision of
the matter shall take place not sooner than the next regularly scheduled meeting of the Board.
If the matter was the subject of a public hearing, approval of the motion to rescind shall require
the readvertising and reopening of the public hearing at a subsequent meeting of the Board,
before the Board may take further action on the matter.
Section 1-9. Robert’s Rules of Order; Suspending Rules \[Amended 09/14/11\] \[Amended
02/14/18\]
The proceedings of the Board of Supervisors, except as otherwise provided in these rules
and by applicable State law, shall be governed by the latest version of Robert’s Rules of Order,
Simplified and Applied, with the exception of motions to postpone. Motions to postpone shall
72
3
be for durations as decided by the Board of Supervisors and in conformity with the Code of
Virginia, 1950, as amended, as applicable.
These Rules of Procedure of the Board may only be suspended on presentation of a
motion to that effect, which is carried by majority vote of the members present and voting.
Section 1-10. Board to Sit with Open Doors
The Board of Supervisors shall sit with open doors, and all persons conducting
themselves in an orderly manner may attend the meetings. However, the Board may hold
closed meetings as permitted by law.
Closed meetings may be placed on the agenda or may be requested by any member of
the Board. However, no closed meeting shall be convened unless and until the Board has
favorably acted on a motion to so convene, and then, only if such motion accurately states a
lawful reason for such closed meeting as permitted by and outlined in Section 2.2-3711 of the
Code of Virginia, 1950, as amended.
Section 1-11. Limitations on Duration and Hour of Meetings; Adjournment
Meetings of the Board of Supervisors shall not continue for more than 4 consecutive
hours or later than 11:00 P.M. without the consent of a majority of the members present. Should
it appear to the Chair that the matter or matters before the Board cannot be heard within the
time remaining, the Chair shall poll the members of the Board to determine the desire of the
members. The Chair shall adjourn or recess the meeting upon final action on the current agenda
item unless a majority of the members agree to exceed the limits established by this section.
Any items not taken up by the Board of Supervisors prior to adjourning will be added to the
agenda of the next meeting without further action of the Board.
ARTICLE II – GENERAL CODE OF CONDUCT
Section 2-1. General Conduct
A.Each Board member will treat fellow Board members, citizens, staff, employees, and
committee members with respect, and will not make accusatory or disparaging remarks
at Board or committee meetings.
B.Members of The Board, as individuals, have no legal authority to bind the County
outside the meetings of The Board.
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C.To ensure the highest standards of respect and integrity during public meetings, the
Board will observe the following:
1.Board members will refrain from engaging in dialogue with members of the public
during hearings or citizen comments periods.
2.Board members will honor the role of the presiding officer in maintaining order and
equity and respect the efforts to focus discussion on current agenda items.
Section 2-2. Roles and Responsibilities
A.The role of the Board of Supervisors is to develop County policy. The role of the County
Administrator is to direct the fulfillment of County policy in the day to day oversight of
County staff.
B.Board members will ensure that policy decisions and directions are communicated from
the entire Board; no single member will provide direction on policy implementation to
the County Administrator.
C.Board members’ interactions with staff should not negatively affect employee
productivity. Board members should refrain from making requests that may affect
workload. Members of The Board will not give direction to any County staff member.
Any request for action will be submitted to the County Administrator for consideration
by The Board if necessary.
D.Board members will forward any concerns about employees or staff to the County
Administrator. Concerns about the County Administrator will be forwarded to the
Chairman.
E.Board members will forward citizen complaints to the County Administrator for him to
pass on to the appropriate personnel.
F.Board members will not discuss or disclose to the public any matter involving
communication between the Board and legal counsel or any aspect of legal strategy or
work product without approval of the full Board to avoid waiver of legal privileges.
G.Board members will not discuss any matter that has been presented to the Board in
closed session with the public or otherwise make disclosure of such matters, unless the
full Board authorizes disclosure.
H.The Board recognizes that documents related to County Business, including all electronic
transmittals sent or received in the performance of their duties as a Board Member, are
subject to the requirements of the Freedom of Information Act.
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I.When responding to the media, Board members will make sure there is a clear distinction
between personal opinion or belief and a position of the Board. Whenever appropriate,
the Public Information Officer will assist in communications with citizens and the media.
J.If a Board Member repeatedly violates this Code of Conduct, the Board may, by an
affirmative vote of a majority of the Board, officially censure that member.
Article III - OFFICERS
Section 3-1. Chairman and Vice Chairman \[Amended 01/14/09\]
At the annual or organizational meeting of the Board of Supervisors, as described in
Section 1-1 hereof, the Board shall elect from its membership a Vice Chair, who shall serve for a
one year term expiring on December 31st of the same year in which he or she is elected;
provided, however, that unless the term of office has expired and the member has not been re-
elected, the Vice Chair shall serve until their respective successor(s) shall have been elected and
qualify. In the event that the Chair is absent from any meeting, the Vice Chair shall assume the
authority and duties of the Chair. In the event the Chair and Vice Chair are absent from any
meeting of the Board, then the members present at such meeting shall choose one of their
number as temporary Chair by majority vote of the members present and voting.
Section 3-2. Authority of the Chairman
The efficient and dignified conduct of public business is the ultimate concern of the
Board. Accordingly, it is the policy of the Board that its meetings be conducted with the highest
degree of order and decorum, and the Board will permit no behavior, which is not in keeping
with this policy.
The Chairman shall preserve order and decorum at all meetings. He shall recognize persons
desiring to speak and shall ensure that speaker’s comments are limited to the issue before the
Board for consideration and that any limitations on time are observed. The Chairman shall
ensure that all persons entitled and desiring to speak are permitted to do so without
interruption or comment during their presentation. The Chair shall determine if statements are
demeaning, inappropriate, or out of order, and shall have the authority to revoke the speaker’s
right to continue.
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The Chairman may order the expulsion of any person for violation of rules, disruptive behavior,
or any words or action that incite violence or disorder, subject to appeal to the Board. Any
person so expelled shall not be readmitted for the remainder of the meeting from which he was
expelled. Any person who has been so expelled and who at a later meeting again engages in
words or actions justifying expulsion may be barred from attendance at future meetings of the
Board for a specified and reasonable period of time not to exceed six months or upon a still
subsequent expulsion, a period not to exceed one year, either by the Chairman, subject to
appeal to the Board, or by motion passed by the Board.
The Chairman shall have the power to administer an oath of honesty to any person concerning
any matter submitted to the Board or connected with its powers and duties. The power to
administer an oath granted to the Chair in this section shall be no greater than the same power
authorized by Section 15.2-1410 of the Code of Virginia, 1950, as amended.
Section 3-3. Clerk
The Clerk of the Board shall be the County Administrator, and the duties and
responsibilities of that position shall be as specified in Section 15.2-1539 of the Code of Virginia,
1950, as amended. At the discretion of the Board, any county employee can be designated as
Deputy Clerk, or Temporary Clerk, as the circumstances may require, and said employee shall
have the same powers and duties outlined herein for the duration of said appointment.
ARTICLE IV – AGENDA
Section 4-1. Preparation
The Clerk shall prepare an agenda for each meeting of the Board of Supervisors,
conforming to the order of business specified in Section 5-1 under Order of Business.
Supporting information for every item to be placed on the regular meeting agenda shall be
received in the Office of the County Administrator before noon on the Thursday that falls in the
week immediately prior to the regularly scheduled Board meeting. Agendas for special
meetings shall be prepared as far in advance as the circumstances necessitating the special
meeting allow. The clerk shall include on the agenda all matters for which a written request
and supporting information have been received in advance of the deadline herein established.
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Section 4-2. Delivery
Each member of the Board shall receive the regular meeting agenda, along with the
supporting information available to staff, on the Friday of the week prior to the regular meeting
to be held on the second and fourth Wednesdays of each month. Special meeting agendas and
supporting information will be delivered as far in advance as the circumstances necessitating
the special meeting allow.
Section 4-3. Posting and Notice \[Amended 02/14/18\]
A copy of the meeting agendas shall be made available in the Office of the County
Administrator, as of the date and time the information is distributed to members of the Board.
Agendas will also be posted on the county web page and outside the main entrance to the
Board of Supervisors’ meeting room.
Section 4-4. Copies \[Amended 02/14/18\]
Individuals desiring complete copies of agenda packages shall arrange with the Clerk for the
delivery and cost of the information desired.
ARTICLE V - CONDUCT OF BUSINESS
Section 5-1. Order of Business \[Amended 06/11/03\]; \[Amended 01/14/04\]; \[Amended
02/14/18\]; \[Amended 08/08/18\]
At meetings of the Board, the order of business should be as follows:
Closed Session (When Required)
Call to Order
Invocation
Pledge of Allegiance
Adoption of Agenda
Citizen Comments (Agenda Items Only, That Are Not Subject to Public Hearing.)
Consent Agenda (Will contain Minutes and Committee Reports)
Board of Supervisors Comments
County Officials
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Committee Business
Public Hearings – Non Planning Issues (When Required)
Planning Commission Business
Public Hearings (When Required)
Other Planning Commission/Department Business
Liaison Reports (If Any)
Citizen Comments
Board of Supervisors Comments
Adjournment
Items as to which a Board Member requests that the Board take action shall be submitted
to the Clerk in accordance with Section 4-1 and shall not be heard under either of the
Board of Supervisors Comments portions of the agenda.
Section 5-2. Adoption of Agenda
The agenda presented for adoption shall be the agenda prepared and delivered as
required in Article IV. Additions, deletions, or modifications and/or adoption of the agenda
shall require the consent of a majority of the members of the Board present at the meeting.
Section 5-3. Consent Agenda
The Consent Agenda shall be introduced by a motion “to approve the Consent Agenda,”
and shall be considered by the Board as a single item. There shall be no debate or discussion by
any member of the Board regarding any item on the Consent Agenda, beyond asking questions
for simple clarification.
On objection by any member of the Board of Supervisors to inclusion of any item on the
Consent Agenda, that item shall be removed from the Consent Agenda forthwith. Such
objection may be recorded at any time prior to completing the taking of a vote on the motion to
approve the Consent Agenda. Items which have been objected to and removed from the
Consent Agenda shall be acted upon in the original order presented within the agenda.
Approval of the motion to approve the Consent Agenda shall constitute approval,
adoption, or enactment of each motion, resolution, or other item of business thereon, exactly as
if each had been acted upon individually.
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Section 5-4. Citizen Comments Period \[Amended 4/14/04\] \[Amended 01/10/18\]; \[Amended
02/14/18\]
Two Citizen Comments periods shall be furnished during every regular meeting of the
Board of Supervisors. The first Citizen Comments period shall occur after the adoption of the
agenda and shall be a time for citizens to address agenda items that are not scheduled for public
hearing. A register for persons desiring to address the Board of Supervisors during this Citizen
Comments period shall be furnished prior to the beginning of every regular meeting of the
Board of Supervisors. Citizens desiring to address the Board of Supervisors during this period
shall sign up in person to speak by providing their own name and Magisterial District on a
register list provided for this purpose by the Clerk to the Board. No one shall be allowed to sign
another individual's name on the list provided. The Chair shall determine from the register the
approximate number of persons desiring to comment and may establish the manner in which
speakers are recognized and the length of time each may speak.
The second Citizens Comments period shall occur prior to the Board of Supervisors
Comments at the end of the meeting and shall be a time for citizens to address the Board of
Supervisors on issues that are relevant to the County. Citizens desiring to address the Board of
Supervisors during this period are not required to register; however, each shall state their name
and their Magisterial District of residence prior to their comments.
Any person desiring to address the Board of Supervisors during the Citizen Comments
periods shall be required to abide by the rules governing such presentations as set forth in these
rules in Article VII-Citizen Responsibilities.
Members of the Board shall neither engage in debate with, nor shall they be expected to
answer questions posed by individuals speaking during the Citizen Comment period.
Section 5-5. Scheduled Presentations
Any person desiring to address the Board of Supervisors for a presentation under
County Officials shall be required to abide by the rules governing such presentations as set
forth in these rules in Article VII-Citizen Responsibilities.
Any citizen or staff member who desires to address the Board during the County
Officials portion of the agenda at a regular meeting shall submit a written request to the Clerk,
or his/her designee, identifying, with reasonable certainty, the subject matter of the
presentation. Such request must be in the Clerk’s hands not later than the agenda deadline
specified in Section 4-1 hereof. Only the person requesting to make the presentation may do so,
unless otherwise permitted by the Chair, and every such speaker shall be subject to a five
minute time limit for the presentation itself, which limit can be extended with agreement of the
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Chairman. Board member questions and discussion of the material presented shall not be
subject to any time limit. Persons making presentations should be prepared to answer
questions and provide detailed information in response to questions from members of the
Board.
ARTICLE VI - PUBLIC HEARING ITEMS
Section 6-1. Format for Public Hearing Items
It is the purpose and objective of the Board of Supervisors to give each citizen an
opportunity to express his/her views on the issue(s) at hand at public hearings and to give all
speakers equal treatment and courtesy. While it is often necessary to have a presentation by an
applicant and staff, it is the desire of the Board to hear from the public; and therefore, the
applicant and staff presentations will be as brief as possible. In order to accomplish this
objective, it is necessary that certain rules of order prevail at all public hearings of the Board of
Supervisors as follows:
Section 6-2. Order of Business
For public hearing items, the order of business will be as follows:
(a) Identification of Issue and Verification of Notice
(b) Staff and/or Applicant Presentation
(c) Public Comment
(d) Close of Public Comment
(e) Board Member Questions
(f) Staff, Applicant Response
(g) Board discussion and/or consideration
Section 6-3. Identification of Issue and Verification of Required Notice
The Chair shall call upon the appropriate county staff member to verify that any
required notice has been given and to read or summarize the notice for the benefit of those
attending the public hearing.
Section 6-4. Staff and/or Applicant Presentation
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The Chair will call upon the appropriate county staff and/or applicant to present such
information as is necessary to explain the action requested of the Board of Supervisors.
Presentations will be brief, concise summaries for the Supervisor’s and the public's information
and understanding, provided that sufficient time will be allowed to present, properly and fairly,
the subject matter. When written information has been provided prior to the hearing, that
information should be summarized, and only new information should be presented in detail at
the meeting.
Section 6-5. Public Comment
Any person desiring to address the Board of Supervisors at a Public Hearing conducted
by the Board of Supervisors shall be required to abide by the rules governing such presentations
as set forth in these rules in Article VII-Citizen Responsibilities.
A register for persons desiring to address the Board of Supervisors during the public
comment period shall be furnished prior to the beginning of every regular meeting of the Board
of Supervisors. Citizens desiring to address the Board of Supervisors during a public hearing
item comment period should provide their name and their Magisterial District of residence on
the register list provided.
Prior to commencing public comment, the Chair shall determine from the register list
the approximate number of persons desiring to comment and may establish the manner in
which speakers are recognized and the length of time each may speak.
Section 6-6. Order of Speaking
Members of the public shall be permitted to speak as the Chair recognizes each,
provided that no member of the public shall be recognized to speak a second time until all
persons desiring to speak have had an opportunity to do so. In the event the number of persons
desiring to speak necessitates a register, speakers shall be recognized in the order in which they
have registered.
In the event the number of speakers results in the continuation of a public hearing, any
persons registered but not heard at the initial Public Hearing will be the first given an
opportunity to speak at the continued hearing.
Section 6-7. Presentation of Comments
Each person may address the Board as many times as the Chair, in his or her discretion,
may allow, but no speaker shall exceed the total time limit set by the Chair.
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Section 6-8. Board Members’ Questions
Upon completion of a presentation by staff, applicant or member of the public, any
member of the Board may ask questions to enhance their understanding of the issue, verify
information presented or clarify the action or actions requested. Members of the Board shall not
engage in debate with the person or persons making the presentation.
Section 6-9. Staff and/or Applicant Response
The Chairman shall call on the staff or applicant for any response on closing comments
with reference to the public hearing presentations.
Section 6-10. Close of Hearing
When the Chair of the Board shall have closed a public hearing, no further public
comments shall be received.
Section 6-11. Board Discussions and/or Consideration
At the close of the public hearing, the Board of Supervisors shall, at its discretion, act or
defer action upon the matter set for public hearing. In the event the Board defers action to a
later date, the record shall be left open to receive written comments up until the time that a vote
is taken.
ARTICLE VII - CITIZEN RESPONSIBILITIES
Section 7-1. Application of Rules
Any person desiring to address the Board of Supervisors during any portion of a
meeting designated for public comment shall be required to abide by the rules governing such
presentations as hereafter set forth in these rules.
Section 7-2. Addressing the Board
All persons speaking at a meeting of the Board during any portion of a meeting
designated for public comment shall address their comments to the Board of Supervisors and
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shall limit their comments to matters before the Board of Supervisors. Speakers shall not
engage in debate with other speakers or members of the public. Questions shall not be asked of
other speakers but may be directed to the Chairman of the Board for consideration by the Board
in later deliberating the matter.
Section 7-3. Conduct while Speaking/Conduct While Not Speaking
Persons speaking at a meeting of the Board of Supervisors shall do so in a courteous
manner. Cursing or other obscene language or gestures, threats, insults, or other actions
intended to harass, provoke or incite a fight, brawl, or other such disorderly response will not
be permitted. Any person whose conduct is contrary to this section will be removed as
provided for in section 3-2 of these rules. Board members are expected to observe the same
decorum at all meetings.
Section 7-4. Name and Magisterial District of Residence \[Amended 02/14/18\]
Individuals addressing the Board during any portion of a meeting designated for public
comment shall clearly state their name and Magisterial District of residence prior to making any
further comments. Should a person be recognized to speak more than once, they shall identify
themselves each time before speaking.
Section 7-5. Organizational Representation
Any person speaking at any portion of a meeting designated for public comment, who
represents himself as being an officer or representative of an organization, group, association,
corporation, or other entity, shall, upon request of a member of the Board, disclose for the
organization, group, association, corporation, or other entity, the history, size, dues, structure,
date of creation, requirements for membership, tax status; and shall reveal the organizations
method of determining its official position and the speaker’s authority to represent the
organization. Unreasonable failure to provide this information to the satisfaction of the Board of
Supervisors shall bar the speaker from speaking on behalf of the organization.
Section 7-6. Order of Speaking
Persons speaking during any portion of a meeting designated for public comment shall
do so in the order in which they are recognized and called upon by the Chair.
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Section 7-7. Time Limits
Each person speaking during any portion of a meeting designated for public comment
shall observe a time limit of three minutes for his or her comments and shall yield the floor
when informed their time has expired.
Section 7-8. Registration \[Amended 02/14/18\]
Should registration of speakers be required, all persons desiring to speak shall sign the
register, providing their name and Magisterial District of residence.
Section 7-9. Written Copy of Comments
Speakers are requested, but not required, to leave written statements and/or comments
with the Clerk or Deputy Clerk of the Board to be incorporated into the written record of the
meeting.
Section 7-10. Information Sources
No person who speaks or otherwise presents information during any portion of a
meeting designated for public comment shall knowingly present false or untrue information to
the Board of Supervisors, and shall, upon request of any Board Member, provide the source of
any information presented.
ARTICLE VIII – APPOINTMENTS
Section 8-1. Appointments by the Chairman of the Board
The Chairman shall appoint members of the Board to such authorities, boards,
commissions, committees or other organizations or positions as the Board shall so authorize and
to appoint various citizen members to Board’s standing committees.
The following positions are appointed by the Chairman each January.
STANDING COMMITTEES OF THE BOARD APPOINTED BY THE CHAIRMAN:
Finance Committee Code and Ordinance Committee
Human Resources Committee Public Safety Committee
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Public Works Committee Technology (IT) Committee
Transportation Committee
OTHER APPOINTMENTS MADE BY THE CHAIRMAN:
Board Liaison to Fire & Rescue Association
Board Liaison to Frederick Water Board
Board Liaison to Planning Commission
County Representatives to the Frederick County-Winchester Joint Finance
Committee
Section 8.2. Appointments by the Board of Supervisors \[Amended 01/25/06\]; \[Amended
02/14/18\]; \[Amended 08/08/18\]
Each board member may nominate citizen members to be appointed to the various
authorities, boards, commissions, and committees where a representative is needed from a
member’s respective magisterial district or for the county at large. (Note: A current list of
boards and committees is available on the County website.) A majority vote of those board
members present shall be required to appoint a nominee to said authority, board, commission,
or committee. Prior to Board action on a prospective nominee, the following process shall be
followed:
1. Applications are required for positions on bodies created by the Board of
Supervisors. For non-Frederick County boards such as regional or community-based
bodies, the Board of Supervisors will accept and consider nominations from those
boards while reserving the right to appoint its preferred candidate. The application
form, or Committee Appointments Informational Data Sheet, is available on the County
website, www.fcva.us, or through the County Administrator’s Office. A completed
application (Informational Data Sheet) shall be required for all initial nominations;
however, a completed application (Informational Data Sheet) for candidates being
reappointed shall not be required.
2. Applications must be received in the County Administrator’s Office by 5:00 p.m.
on the Wednesday preceding a Board meeting in order to be included in the agenda for
review by the members of the Board.
3. Any applications received after the deadline specified above will be held for
review until the next regularly scheduled meeting of the Board.
ARTICLE IX – Electronic Devices
Section 9-1. Devices
Use of County-issued computers, tablets, and other devices and use of County email
accounts shall be for County business purposes only.
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Section 9-2. Email Accounts
Due the requirements of the Freedom of Information Act (FOIA) and record archiving
purposes, Board members are strongly encouraged to use only the email account provided by
the County to conduct business for the County. When responding to emails that are sent to all
Board members, respond by replying only to the sender. Email, like all written correspondence,
is subject to the FOIA.
Article X -- AMENDMENTS
Section 10-1. Amendments
These Rules of Procedure may from time to time be revised, repealed, or otherwise
amended upon an affirmative vote by a majority of the members of the Board of Supervisors
present and voting.
(Adopted: 05/28/03)
(Amended: 06/11/03)
(Amended: 01/14/04)
(Amended: 04/14/04)
(Amended: 01/25/06)
(Amended: 01/14/09)
(Amended: 09/14/11)
(Amended: 01/10/18)
(Amended: 02/14/18)
(Amended: 08/08/18)
(Amended: 01/09/19)
(Amended: xx/xx/xx)
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INFORMATION TECHNOLOGY COMMITTEE REPORT to the BOARD OF SUPERVISORS
Wednesday, April 29, 2020
8:30 a.m.
107 NORTH KENT STREET, WINCHESTER, VIRGINIA
ATTENDEES:
Committee Members Present: Blaine Dunn, Committee Chairman, Charles S. DeHaven, Jr.,
Chairman Board of Supervisors, J. Douglas McCarthy, Board Member, Quaiser Absar, Citizen
Member, and Todd Robertson, Citizen Member. Also, in attendance were Kris Tierney, County
Administrator, Jay Tibbs, Deputy County Administrator, Scott Varner, IT and MIS Director,
Patrick Fly, GIS Manager
Committee Members Absent: All were present
Staff present: Also, in attendance were Kris Tierney, County Administrator, Jay Tibbs, Deputy
County Administrator, Scott Varner, IT and MIS Director, Patrick Fly, GIS Manager
ITEMS REQUIRING ACTION BY BOARD OF SUPERVISORS:
1.The Director of Information Technology and MIS discussed providing public wi-
fi access in the parking lots at County fire stations and the newly acquired property
at Sunnyside Plaza to assist citizens and their children with access to the internet
during the COVID-19 pandemic. The Committee determined that the fire stations
located in Star Tannery, North Mountain, Reynolds Store, and Gore would be the
stations most strategically located in areas of greatest need. The Frederick County
Public School System is currently providing public wi-fi access in the parking lots
of the schools which covers most of the County east of I-81. The committee also
recommended the site at Sunnyside Plaza due to the large parking lot. The
committee recommended that staff move forward with service at thefour fire
stations identified and Sunnyside plaza. Further Board of Supervisors discussion
is requested to identify the length of time for funding the service. The Information
Technology department requests approval to fund the monthly service fee for the
public wi-fi project at $2,000 per month total for all five sites.
2.The Director of Information Technology and MIS along with the GIS Manager
gave the committee a brief overview of the actions taken by the County in relation
to broadband expansion from the 2013 Broadband Study up through the current
fiscal year. County staff continues to apply for various grant funds to expand
broadband and requested approval to move forward with developing an RFP to
solicit partners to work with the County to address all underserved and unserved
areas of the County. The RFP would target partners that want to work with the
County on the Virginia Telecommunications Initiative Grant. The same RFP
framework would be used to pursue other grant opportunities as well. After
analyzing past grant awards and speaking to the State, the Director of IT and MIS
discussed the need for County matching funds to improve our chances of being
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awarded a grant. The Director acknowledged the timing of this request in relation
to the economic implications of COVID-19 and requested further Board of
Supervisors discussion on whether we pursue County funding for the upcoming
fiscal year or wait until the 2022 grant cycle. The Information Technology
Department requests guidance from the Board of Supervisors on whether to apply
for 2021 grants or wait for the 2022 grant cycle.
ITEMS FOR INFORMATION ONLY
1.The Committee discussed establishing a sub-committee of the Information
Technology Committee to focus on broadband expansion. The committee
requested that the Director of Information Technology and MIS develop criteria
for participation on the sub-committee and recommend individuals for
appointment. As this is a sub-committee for the Information Technology
Committee, no board action is required.
2.The Director of Information Technology and GIS presented the Committee with
updates to the County Acceptable Use Policy. All policies addressing the use of
County information systems were updated to reflect new standards and
cybersecurity requirements. The Committee unanimously approved the updated
policies.
Respectfully submitted,
INFORMATION TECHNOLOGIES COMMITTEE
Blain Dunn, Chairman
Charles S. DeHaven, Jr.
Douglas McCarthy
Quaiser Absar
Todd Robertson
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COUNTY of FREDERICK
Department of Planning and Development
540/ 665-5651
Fax: 540/ 665-6395
MEMORANDUM
MEMORANDUM
TO:
Jay Tibbs, Deputy County Administrator
FROM:
Mark R. Cheran, Zoning Administrator
RE:
Canaan Springs Festival Permit
DATE:
May 6, 2020
Staff received a complaint on September 10, 2019 regarding events occurring on the
property located at 1147 N. Pifer Road, Star Tannery, VA (aka Canaan Springs). The
property was cited via Notice of Violation on September 12, 2019.
On October 18, 2019 staff and the Building Official met with the property owner on site.
The property owner showed staff the barn where the events were being held and it was
found to be in violation of the Building Code and Frederick County Zoning Ordinance.
The property owner began taking steps to bring this property into compliance. The steps
taken to date include:
1.Starting the Conditional Use Permit (CUP) process in October 2019.
2.Submitting for building permits to address violations of the Building Code on
October 24, 2019 and March 4, 2020.
With regard to the status of the CUP application, the property owner is awaiting agency
review comments from VDOT. Please note the applicant has been in contact with staff to
provide updates on the various agency reviews of the pending application.
Staff will be available should you have any questions or concerns regarding this memo.
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107 North Kent Street, Suite 202Winchester, Virginia 22601-5000
9:
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: Jay E. Tibbs, Deputy County Administrator
Date:May 4, 2020
Re:Proposed Amendment to the Lease Agreement between the County of
Frederick, Virginia and H&R Block Eastern Enterprises, Inc.
__________________________________________________________________
Attached please find a proposed amendment (Lease Amendment 7) to the lease
agreement between the County of Frederick, Virginia and H&R Block Eastern
Enterprises, Inc. for H&R Block’s office space located at 223 Sunnyside Plaza Drive and
more particularly described as certain real property containing approximately 1,440
square feet said property being part of that parcel identified as Parcel Number 53-A-
52E in the Stonewall Magisterial District.The proposed amendment would extend the
existing lease for an additional one year period commencing on May 1, 2020 and expiring
on April 30, 2021. The base rent would be $1,050.00 per month.As the Board might
recall, the rent income received from the tenants at Sunnyside Plaza has been
appropriated to cover the costs to carry the property to include property management
fees,utilities, repairs, etc.
The County’s property manager Virginia Property Group has worked with
representatives from H&R Block to negotiate this lease renewal and the lease document
has been reviewed by the county attorney.
The Board will conduct a public hearing on the proposed lease and at the conclusion of
the hearing, staff would be seeking Board approval of the proposed lease amendment
and authorize the county administrator to execute the lease on behalf of the county.
Should you have any questions,please do not hesitate to contact me.
Attachment
107 North Kent Street Winchester, Virginia 22601
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ORDINANCE
SALARIES OF BOARD OF SUPERVISORS
FISCAL YEAR 2020-2021
BE IT ORDAINED,
the annual salary for each member of the Frederick County
Board of Supervisors, for fiscal year beginning July 1, 2020, shall be as follows:
Chairman, $10,800; Vice Chairman, $10,200; and each other member of the Board of
Supervisors at $9,000.
Upon motion made by ________________________ and seconded by
_________________________, the above was __________ by the Board of Supervisors
of the County of Frederick, Virginia, at a regular meeting and public hearing held on May
13, 2020, by the following recorded vote:
Charles S. DeHaven, Jr. ____ Robert W. Wells ____
J. Douglas McCarthy ____ Blaine P. Dunn ____
Gene. E. Fisher ____ Shawn L. Graber ____
Judith McCann-Slaughter ____
A COPY ATTEST:
____________________________
Kris C. Tierney
Clerk, Board of Supervisors
County of Frederick, Virginia
cc: Cheryl B. Shiffler, Finance Director
C. William Orndoff, Jr., Treasurer
Michael Marciano, Human Resources Director
U:\\TJP\\ordnces\\BoardSalaryFY2020-2021(051320BdMtg).docx
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