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HomeMy WebLinkAboutApril 8 2020 Closed Session and Regular Meeting Minutes330 MINUTES CLOSED SESION AND REGULAR MEETING FREDERICK COUNTY BOARD OF SUPERVISORS WEDNESDAY, APRIL 6, 2020 6:O0 P.M. AND 7:00 P.M. BOARD ROOM, COUNTY ADMINISTRATION BUILDING 107 NORTH KENT STREET, WINCHESTER, VIRGINIA ATTENDEES Board of Supervisors: Charles S. DeHaven, Jr., Chairman; Blaine P. Dunn; 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 Parrar, IT Program Coordinator; Bill Orndoff, Treasurer; Seth Thatcher, Commissioner of the Revenue; and Ann W. Phillips, Deputy Clerk to the Board of Supervisors. CALL TO ORDER Chairman DeHaven called the meeting to order at 6:00 p.rn. 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, L§§P SSI N Supervisor Slaughter moved 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 bargaining position or negotiating strategy of the public ,Minu;e Book 45 Board Qf Supervisors Regular Matting o f Apaii g, 2020 GQyntg o f Frederick Vigr rlio 331 body. Supervisor Dunn seconded the motion which carried on a voice vote. At 6:37 p.m., the Board 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 Slaughter moved that the Board of Supervisors of Frederick County certify that, to the best of each member's knowledge, (1) only public business matters lawfully exempted from open meeting requirements by Virginia law were discussed in the closed meeting to which this certification 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 Graber seconded the motion which carried as follows on a roll call vote: Blaine P. Dunn Aye Gene E. Fisher Aye Shawn L. Graber Aye Robert W. Wells Absent J. Douglas McCarthy Aye Charles S. DeHaven, Jr. Aye Judith McCann -Slaughter Aye 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. Dunn Aye Gene E. Fisher Aye Shawn L. Graber No Robert W. Wells Absent J. Douglas McCarthy Aye Charles S. DeHaven, Jr. Aye Judith McCann -Slaughter Aye Vice Chairman Wells entered the meeting. At 6:42 p.m., Chairman DeHaven adjourned the meeting until the 7:00 p.m, regular meeting. CAU19 QRDER Chairman DeHaven called the meeting to order at 7:00 p,rn, Minute Book 45 Board of Supervisors Regular Meeting of April 8, 2020 County of Frederick, Virginia 332 INVOCATION Supervisor Dunn delivered the invocation. PLEDGE OF ALLEGIANCE Vice Chairman Wells led the Pledge of Allegiance. ADOPTION OF AGENDA — APPROVED Upon motion of Supervisor Slaughter, seconded by Supervisor Dunn, the agenda was adopted as amended on a voice vote. CITIZENS COMMENTS - None ADOPTION OF CONSENT AGENDA — APPROVED Upon motion of Supervisor Slaughter, seconded by Supervisor Graber, the consent agenda was adopted on a recorded vote as follows; Blaine P. Dunn Aye Gene E. Fisher Aye Shawn L. Graber Aye Robert W. Wells Aye J. Douglas McCarthy Aye Charles S. DeHaven, Jr. Aye Judith McCann -Slaughter Aye - Minutes of Regular Meeting of March 25, 2020 - CONSENT AGENDA APPROVAL - Minutes of Budget Work Session of April 1 2020 - CONSENT AGENDA APPROVAL - Letter to the Governor of Virginia: Budgetary Impact of COVID-19 Pandemic - CONSENT AGENDA APPROVAL BOARD OF SUPERVISORS COMMENTS - None Minute Rook 45 Board of Supervisors Regular Meeting of April 8, 2020 County of Frederick, Virginia 333 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 motlon carried on a recorded vote as follows: Blaine P. Dunn Aye Gene E. Fisher Aye Shawn L. Graber Aye Robert W. Wells Aye J. Douglas McCarthy Aye Charles S, DeHaven, Jr. Aye Judith McCann -Slaughter Aye Supervisor Dunn noted his concern that BB&T used the question of charging interest as a bargaining chip in this matter and suggested that the Board request the General Assembly review allowing local 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 Continuity of Operations to Permit Remote Parlicipation in Meetings of County Boards, Commissions, & Committees on a recorded vote as follows: Blaine P. Dunn Aye Gene E. Fisher Aye Shawn L. Graber Aye Robert W. Wells Aye J. Douglas McCarthy Aye Charles S. DeHaven, Jr. Aye Judith McCann -Slaughter Aye 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. Minute Book 45 Board of Supervisors !regular Meeting of April 8, 2020 County of Frederick, Virginia 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 § l 5.2-1413 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 conunittee 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. ++++ff++.+++++ Minute Book 45 Board o f Supervisors Regular Meeting o f April 8, 2020 County of Frederick, Virginia 335 ADOPTION OF FISCAL YEAR 2020-2021 BUDGET — APPROVED 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 include the 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. Dunn Aye Gene E. Fisher No Shawn L. Graber Aye Robert W. Wells No J. Douglas McCarthy Aye Charles S. DeHaven, Jr. No Judith McCann -Slaughter No 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 2008 and that he had confidence that the administrative staff would handle the budget appropriately. Supervisor McCarthy agreed with Supervisors Slaughter and Fisher regarding their confidence in the staff but said he had concerns about appropriating funds without knowing more about revenues. Minute Book 43 Board of Supervisors Regular Meeting of April 8, 2020 County of Frederick, Virginia 336 Supervisor Wells said he was comfortable with the proposed budget as a guideline and that he looks forward to the County's recovery from the pandemic, Supervisor Dunn noted the Schools need to know their allocation by May and with the unknown revenues he prefers using the same dollar figures as this year. In response to Supervisor Graber's question, Mr, Tierney replied that it is possible for the Board to adopt only the tax rates at the present meeting with adoption of the budget happening 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. Dunn Aye Gene E. Fisher No Shawn L. Graber Aye Robert W. Wells No J. Douglas McCarthy No Charles S. DeHaven, Jr. No Judith McCann -Slaughter No 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. Supervisor Slaughter's motion to adopt the proposed budget resolution carried on a recorded vote as follows: Blaine P. Dunn Aye Gene E. Fisher Aye Shawn L. Graber No Robert W. Wells Aye J. Douglas McCarthy No Charles S. DeHaven, Jr. Aye Judith McCann -Slaughter Aye 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: Minute Book 45 Board of Supervisors Regular Meeting of April 8, 2020 County of Frederick, Virginia 337 General Operating Fund $201,038,131 Regional Jail Fund 24,194,922 Landfill Fund 9,647,354 Division of Court Services Fund 591,8$2 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 IS 1,760,421 School Debt Service Fund 17,957,232 School Capital Projects Fund 4,415,900 School Nutrition Services Fund 7,581,744 School Textbook Fund 2,871,240 NREP Operating Fund 6,251,913 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: Minute Book 45 Board of Supervisors Regular Meeting of April 8, 2020 County of Frederick, Virginia Property Taxes -- Rates per $100_of assessed value $0 61 Applied to real estate, including mobile homes $4 86 Applied to personal property including business 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 Minute Book 45 Board of Supervisors Regular Meeting of April 8, 2020 County of Frederick, Virginia Repair, personal and business services and all other businesses and occupations not specifically listed or exempted in the County Code Wholesale $0.36 per $100 of gross receipts $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 Pees $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. Minute Book 45 Board of Supervisors Regular Meeting of April 8, 2020 County of Frederick, Virginia $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 ,Tune 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. ..... ..... + + + 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 Minute Book 45 Board of Supervisors Regular Meeting of April 8, 2020 County of Frederick,. Virginia 341 Blaine P. Dunn Aye Gene E. Fisher Aye Shawn L. Graber Aye Robert W. Wells Aye J. Douglas McCarthy Aye Charles S. DeHaven, Jr, Aye Judith McCann -Slaughter Aye PUBLIC HEARINGS (NON PLANNING ISSUES) ORDINANCE TO AMEND_ THE_FREDERI.CK COUNTY CODE, CHAPTER 89. F1RE 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. Supervisor Wells moved for adoption of the proposed ordinance to amend the Frederick County Code, Chapter 89, Fire and Rescue Services. Supervisor Dunn seconded the motion which carried on a recorded vote as follows: Blaine P. Dunn Aye Shawn L. Graber Aye J. Douglas McCarthy Aye Judith McCann -Slaughter Aye Gene E. Fisher Aye Robert W. Wells Aye Charles S. DeHaven, Jr. Aye 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 (ALS 1) — 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 (FMT) and the Virginia Office of Emergency Medical Services EMS Regulations, but not ALS2. Minute Book 45 Board of Supervisors Regular Meeting of April 8, 2020 County of Frederick, Virginia 342 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 I;. Tntraosseous 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 fanned 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 Minute Book 45 Board of Supervisors Regular Meeting of April 8, 2020 County of Frederick, Virginia 343 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: l . 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, Minute Book 45 Board of Supervisors Regular Meeting of April 8, 2020 County of Frederick, Virginia I. L 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. ARTICLE II FIRE AND RESCUE ASSOCIATION § 894 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: I . 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. Minute Book 45 Board of Supervisors Regular Meeting of April 8, 2020 County of Frederick, Virginia 345 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. i. 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 Commmittee 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 FIlME 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 Corrununity 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. § 89-10 Dissolution. 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. Minute Book 45 Board of Supervisors Regular Meeting of April 8, 2020 County of Frederick, Virginia § 89-11 Rules 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: 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 (h) 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 § 32.1-1 11.5. 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. § 89-13 Authorization 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 Minute Book 4S Board of Supervisors Regular Meeting of April S, 2020 County of Frederick, Virginia 347 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 § 89-14 Payment 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 RERABURSEMENT FOR EMERGENCY MEDICAL TRANSPORT § 89- 1 S Service 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 inileage 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 terin "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, § 89-16 Authority of Board of Supervisors; amount of fees [sect[on previously numbered as § 89-17; definitions that were in § 89-16 moved 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. +++f.*++++++.. PLANNING COMMISSION BUSINESS -- PUBLIC HEARINGS CONDITIONAL USE PERMIT #08-19 FOR TOWER CO. - DENIED Planning Director Mike Ruddy discussed 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. Supervisor Wells noted that the applicant had been offered the opportunity to delay the Board's consideration of the request but had chosen Minute Book 45 Board of Supervisors Regular Meeting of April 8, 2020 County of Frederick, Virginia to keep the matter on its original public hearing schedule. Supervisor Dunn noted many citizens commented there was no lack of cell signal coverage in the area of the proposed tower. Chairman DeHaven opened the public hearing. The Deputy Clerk noted more than 60 comments had been received prior to the meeting because online comments had been encouraged in light of the ongoing Coronavirus pandemic and 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 bean eyesore and cause property values to go down. He said the cell coverage from carriers other than the applicant is adequate for the neighborhood. Cort Maddox, Opequon District, said he is frustrated by the request for a new tower because infrastructure is already there. He said he is opposed to the tower and that it will not add anything to the current service availability, Chairman DeHaven closed the public hearing. Supervisor Wells noted the only change since the application was recommended for denial by the Planning Commission is the tower height and that the tower will not help residents in the neighborhood who have widely voiced opposition to the CUP. Supervisor Wells moved for denial of Conditional Use Permit #08-19 to construct a commercial telecommunication facility consisting of a 195-foot monopole telecommunication facility and accessory structures at 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 but noted 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 they do 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 Minute Book 45 Board of Supervisors Regular Meeting of April 8, 2020 County of Frederick, Virginia 349 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 08-19 and 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 resolution of denial carried on a recorded vote as follows; Blaine P. Dunn Aye Gene E. Fisher Aye Shawn L. Graber Aye Robert W. Wells Aye J. Douglas McCarthy Aye Charles S. DeHaven, Jr. Aye Judith McCann -Slaughter Aye RESOLUTION Denying Conditional Use Permit Application Number 08-19 of Landgrant Lane LLC and ToweTCo 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-119 (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 Minute Book 45 Board of Supervisors Regular Meeting of April 8, 2020 County of Frederick, Virginia W 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 areas would be negatively impacted by the proposed commercial telecommunications facility, based on the 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 0.1 1 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 Minute Book 45 Board of Supervisors Regular Meeting of April 8, 2020 County of Frederick, Virginia 351 • 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 spore 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 WI EREAS, 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 TT 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 TT FURTHER RESOLVED that 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 Minute Book 45 Board of Supervisors Regular Meeting of April 8, 2020 County of Frederick, Virginia 352 RESCISSION OF DENIAL OF REZONING #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 11 and Supervisor Graber seconded the motion to rescind. The Board and County Attorney Williams discussed the motion causing only reversal of the 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. Dunn Aye Shawn L. Graber Aye J. Douglas McCarthy Aye Judith McCann -Slaughter Aye BOARD LIAISON REPORTS - None CITIZEN COMMENTS - None BOARD OF SUPERVISORS COMMENTS Gene E. Fisher Aye Robert W. Wells Aye Charles S. DeHaven, Jr. Aye 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. Minute Book 45 Board of Supervisors Regular Meeting of April 8, 2020 County of Frederick, Virginia 353 Supervisor Graber agreed with Supervisor Dunn regarding co -location of equipment and leasing of space on emergency services communications towers. He encouraged donations to food banks and volunteer fire departments during the pandemic crisis. ADJOURN On motion of Vice Chairman Wells, seconded by Supervisor Dunn, the meeting was adjourned at 8:37 p.m. Charles S. DeHaven, Jr. Chairman, Board of Supervisors Minutes Prepared By: Kris C. Tierney Clerk, Board of Supervisors Ann W. Phillips Deputy Clerk, Board of Supervisors Minute Book 45 Board of Supervisors Regular Meeting of April 8, 20.20 County of Frederick, Virginia