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