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May 13 2020 Regular Meeting Minutes354 MINUTES CLOSED SESION AND REGULAR MEETING FREDERICK COUNTY BOARD OF SUPERVISORS WEDNESDAY, MAY 13, 2020 7:00 P.M. BOARD ROOM, COUNTY ADMINISTRATION BUILDING 107 NORTH KENT STREET, WINCHESTER, VIRGINIA ATTENDEES Board of Supervisors: Charles S. DeHaven, Jr., Chairman; Robert W. Wells, Vice Chairman; Blaine P. Dunn; Gene E. Fisher Shawn L. Graber; and Judith McCann -Slaughter; were present. J. Douglas McCarthy participated remotely from his office, doing so as a medical precaution on account of the COVID-19 pandemic. 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; Andrew Farrar, IT Program Coordinator; Seth Thatcher, Commissioner of the Revenue; Mark Cheran, Zoning & Subdivision Administrator; and Ann W, Phillips, Deputy Clerk to the Board of Supervisors, CALL TQ QRRER Chairman DeHaven called the meeting to order at 7:00 p.m. AjIQN I Vice Chairman Wells delivered the invocation, PLECtag OF ALLEGIANCE Vice Chairman Wells led the Pledge of Allegiance. APPROVAL OF REMOTE PARTICIPATION Remote meeting participation by Supervisor McCarthy was approved on a voice vote following the motlon by Supervisor Graber, seconded Supervisor Slaughter, Minute Book 4S Board of Supervisors Regular Meeting of May 13, 2020 County of Frederick, Virginia 355 ADOPTION OF AGENDA —APPROVED Upon motion of Supervisor Slaughter, seconded by Vice Chairman Wells, the agenda was adopted as presented on a voice vote, CITIZENS COMMENTS - None ADOPTION OF CONSENT AGENDA — APPROVED Supervisors Graber and Dunn discussed the Extension of the Declaration of Local Emergency citing their support for allowing small businesses to return to normal operations. Upon motion of Supervisor Slaughter, seconded by Supervisor Fisher, the consent agenda was adopted as presented 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 April 8 2020 - CONSENTAGENDAAPPROVAL -Information TachnoloqyCommiffee Report of A ril 29 2020 -CONSENT AGENDA APPROVAL Appendix 1 - Request from the Commissioner of the Revenue for Refunds and Corresponding Supplemental Appropriations - CONSENT AGENDA APPROVAL Stonewall II LLC— $2,870.45 Undisclosed Taxpayer — Disabled Veteran's Relief — $7,550.01 Vectren Energy Services Corp dlbla Energy Systems Group LLC -- $4,534.00 - Set Public Hearing for Ordinance on Continuity of Operations - CONSENT AGENDAAPPROVAL - Extension of Declaration of Local Emergency for Covid-19 Pandemic - CONSENT AGENDA APPROVAL DECLARATION OF EXTENSION OF A LOCAL EMERGENCY RESOLUTION DECLARING AN EXTENSION OF A LOCAL EMERGENCY IN FREDERICK COUNTY, VIRGINIA WHEREAS: Minute Book 45 Board of Supervisors Regular Meeting of May 13, 2020 County of Frederick, Virginia 356 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 system and public safety and social service agencies; 3. Due to the imminent danger and prolonged duration of the pandemic, an Emergency Declaration provides the County the ability to expedite the performance ol'public work, enter into Conti -acts for urgent resources, provide for materials and supplies, and take other actions necessary to protect the health and welfare of the public. 4. The Governor's Executive Order number 55 included a "stay at home order" effective until June 10, 2020 unless amended or rescinded by further executive order. 5. The Board of Supervisors, at its meeting on March 25, 2020, previously ratified such an Emergency Declaration (the "Emergency Declaration"), effective March 17, 2020, to remain in effect until April 30, 2020. G. 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 f ++. *...... .. BOARD OF SUPERVISORS COMMENTS Vice Chairman Wells voiced his concurrence with the comments of Supervisors Graber and Dunn regarding support for businesses being allowed to return to normal operations. COUNTY OFFICIALS: LINDA GIBSON APPOINTED AS FREDERICK COUNTY REPRESENTATIVE TO PEOPLE INC.—APPROVED On motion of Supervisor Slaughter, seconded by Vice Chairman Wells, Linda Gibson was appointed on a voice vote to People, Inc., representing Frederick County. APPOINTMENT TO THE LORD FAIRFAX COMMUNITY COLLEGE BOARD OF DIRECTORS — POSTPONED On motion of Supervisor Graber, seconded by Supervisor Dunn, the Board postponed action on reappointing Michael Lake to the LFCC Board to allow other applicants to apply for the position. Minute Book 45 Board of Supervisors Regular Meeting of May 13, 2020 County of Frederick, Virginia 357 UPDATE TO RULES OF PROCEDURE By consensus the Board agreed to consider updates to the Board's Rules of Procedure document, as offered by Supervisors Fisher and McCarthy, at the next Board meeting. .++*++*.++++*. COMMITTEE BUSINESS l�i:C�]�if1���[�Ir•IiTX+I:frrl�I��Ir]T[�� uPT�tii7�� Supervisor Dunn moved for approval of the Committee's recommendation for 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 by funding the monthly service fee for the project at $2,000 per month total for all five sites. He further moved that the project be reconsidered in August after usage data has been gathered. Supervisor Graber seconded the motion which 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 Slaughter moved that the Board authorize staff to develop a Request for Proposals for broadband expansion in anticipation of the County applying for a Virginia Telecommunications Initiative Grant. She further moved that the Board delay discussion of designating County matching funds until the August 12 Board meeting. Supervisor Fisher seconded the motion and the Board and staff discussed the grant application. The motion 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 Minute Book 45 Board of Supervisors Regular Meeting of May 13, 2020 County of Frederick, Virginia PUBLIC HEARINGS (NON PLANNING _ISSUES) OUTDOOR FESTIVAL PERMIT REQUEST OF CANAAN SPRINGS LLC AND ABIGAIL LINABURG — WEDDING — APPROVED County Administrator Tierney discussed the festival permit request for the property at 1147 North Pifer Road, saying the applicant is working with staff on applying for a conditional use permit but is waiting for VDOT approval. He said with an event scheduled for July 11, the applicant decided to seek the Festival Permit for the single event, Abigail Linaburg, the applicant, spoke about her farm and the permit application. She said she was advised to seek a festival permit because of the time necessary to get a conditional use permit and the limited time before the July 11 event, citing delays because of the Coronavirus pandemic. Chairman DeHaven opened the public hearing, No one spoke. Chairman DeHaven closed the public hearing. Supervisor Graber moved for approval of the Outdoor Festival Permit for Canaan Springs LLC for July 11, 2020. Supervisor Wells seconded the motion which 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 +f++++........ PROPOSED AMENDMENT TO THE LEASE AGREEMENT BETWEEN THE COUNTY OF FRED_ERICK, VIRGINIA AND H&R BLOCK EASTERN ENTERPRISES INC. — APPROVED Deputy County Administrator Tibbs discussed the proposed amendment to the lease agreement saying it would extend the existing lease for an additional one-year period commencing on May 1, 2020 and expiring on April 30, 2021, He said the base rent would be $1,050.00 per month and noted the rent income received from the tenants at Sunnyside Plaza has been appropriated to cover the costs to carry the property including property management fees, utilities, Minute Book 45 Board of Supervisors Regular Meeting of May 13, 2020 County of Frederick, Virginia 359 repairs, etc. Chairman DeHaven opened the public hearing, No one spoke, Chairman DeHaven closed the public hearing. Supervisor Slaughter moved for approval of the Proposed Amendment to the Lease Agreement between the County of Frederick, Virginia and H&R Block Eastern Enterprises, Inc. Supervisor Graber seconded the motion which 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 PROPOSED ORDINANCE —SALARIES OF THE BOARD OF SUPERVISORS (FY 2020-2021) - ADOPTED Chairman DeHaven opened the public hearing. No one spoke. Chairman DeHaven closed the public hearing, Supervisor Slaughter moved for approval of the Proposed Ordinance — Salaries Of The Board Of Supervisors (FY 2020-2021) keeping the Board salaries at the present level. Vice Chairman Wells seconded the motion which 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 ORDrNANCF, 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. +t++++..... .. Minute Book 45 Board of Supervisors Regular Meeting of May 13, 2020 County of Frederick, Virginia 360 PLANNING COMMISSION BUSINESS — PUBLIC HEARINGS.- None PLANNING COMMISSION BUSINESS OTHER PLANNING BUSINESS - None BOARD LIAISON REPORTS Supervisor Fisher noted another jet turboprop aircraft is now based at the airport. He said the owner chose to locate here because of the low tax rate and the County's location outside the Washington D.C. restricted airspace. He noted the lower tax rate is paying off. CITIZEN COMMENTS - None BOARD OF SUPERVISORS COMMENTS Supervisor Graber noted the extension of the deadline for response to the Request For Proposals for the radio system saying vendors are appreciative of the extra time. Supervisor Dunn said he may offer a motion at the next meeting to amend the budget to reflect present funding levels until revenues are known. He cited concerns about maintaining planned funding for the next fiscal year based on the Coronavirus pandemic's effect on revenues. Supervisor Dunn said businesses need to be open and will operate with social distancing rules if that is what is requested. Supervisor Dunn said that the School Board needs to consider their budget and it is inappropriate to be paying coaches slated to work this spring who did not work coaching a sport because of the pandemic school closures. He said the private sector has experienced job losses and the public sector should not be immune to these losses. Supervisor Dunn thanked the County Administrator for his fortitude and foresight in trying to find budget adjustments necessary because of the pandemic. Minute Book 45 Board of Supervisors Regular Meeting of May 13, 2020 County of Frederick, Virginia 361 ADJOURN On motion of Vice Chairman Wells, seconded by Supervisor Dunn, the meeting was adjourned at 7:58 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 May 13, 1010 County of Frederick, Virginia 62 Board of Supervisors Minutes of May 13, 2020 - Appendix 1 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, QuaiserAbsar, 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 the four 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 Minute Boole 45 Board of Supervisors Regular Meeting of May 13, 2020 County of Frederick, Virginia 363 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 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 Minute Book 45 Board of Supervisors Regular Meeting of May 13, 2020 County of l=rederick, Virginia