Loading...
May 27 2020 Regular Meeting Minutes364 MINUTES REGULAR MEETING FREDERICK COUNTY BOARD OF SUPERVISORS WEDNESDAY, MAY 27, 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; Shawn L. Graber; J. Douglas McCarthy; and Judith McCann -Slaughter; were present, Gene E. Fisher participated remotely from his home, 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; Mike Ruddy, Director of Planning; Mark Cheran, Zoning & Subdivision Administrator; Tyler Klein, Senior Planner; Cheryl Shiffler, Director of Finance; Jason Robertson, Director of Parks and Recreation; Jon Turkel, Assistant Director of Parks and Recreation; Denny Linaburg, Fire Chief; Steve Majchzrak, Assistant Fire Chief; and Ann W. Phillips, Deputy Clerk to the Board of Supervisors. CALLIQ QRCIR Chairman DeHaven called the meeting to order at 7;00 p,m, INVOCATION Supervisor McCarthy delivered the invocation. PLEDGE OF ALLEGIANCE Vice Chairman Wells led the Pledge of Allegiance. APPROVAL OF REMOTE PARTICIPATION Remote meeting participation by Supervisor Fisher was approved on a voice vote following Minute Bonk 45 Board of Supervisors Regular Meeting of May 27, 2020 County of Frederick, Virginia 365 the motion by Supervisor McCarthy, seconded Supervisor Dunn. ADOPTION OF AGENDA —APPROVED Upon motion of Supervisor Slaughter, seconded by Supervisor McCarthy, the agenda was adopted as presented on a voice vote. CITIZENS COMMENTS - None ADOPTION OF CONSENT AGENDA — APPROVED Upon motion of Supervisor Slaughter, seconded by Vice Chairman Wells, 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 May 13, 2020 - CONSENT AGENDA APPROVAL - Finance Committee Report of May 20z„2„020 - CONSENT AGENDA APPROVAL, Appendix 1 - Request from the Commissioner of the Revenue for Refunds and Corresponding Supplemental Appropriations - CONSENT AGENDA APPROVAL Shenandoah Sheds— $3,625.86 US Bank NA — $4,939.38 - Acceptance of the County's Share of Coronavirus Relief Find Payments - CONSENT AGENDA APPROVAL - Adoption of U dated Rules of Procedure and Conduct - CONSENT AGENDA APPROVAL 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 Minute Book 43 Board of Supervisors Regular Meeting of May 27, 2020 County of Frederick, Virginia 366 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. 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 [Amended 05127/20] 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 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 Minute Book 45 Board of Supervisors Regular Meeting of May 27, 2020 County of Frederick, Virginia 367 -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. This situation of having not given notice shall be an exception to the notice requirements of Article V, Section 5-1 and, in the circumstances in the previous clause, if the requisite vote is obtained, advance notice to the Clerk is not required. 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 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 [Added 5127/20] Section 2-1. General Conduct A. Each Board member will treat fellow Board members, citizens, staff, employees, and committee members with respect. B. Members of The Board, as individuals, have no legal authority to bind the County outside the meetings of The Board. C. To ensure the highest standards of respect and integrity during public meetings, the Board will observe the following: I. Board members will refrain from engaging in dialogue with members of the public during hearings or citizen comments periods. Minute Book 45 Board of Supervisors Regular Meeting of May 27, 2020 County of Frederick, Virginia 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 unreasonably interfere with employee productivity. Board members should refrain from making requests that may unreasonably affect workload. Members of The Board will not give direction to any County staff member. Any request for action, which is not part of the routine or customary work of a committee or for routine or customary assistance, 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 and presented as necessary to the Board in executive session for discussion. 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 any person not a party to the privileged discussion 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, or unless such matter has become a part of the public record, and only then shall discussion be allowed to the extent that no undisclosed or privileged information is disclosed. 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. 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 Minute Book 45 Board of Supervisors Regular Meeting of May 27, 2020 County of Frederick, Virginia e #J 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. 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 [Amended 06/27/20] 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. 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 02/14/181 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 02/14/181 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 08/08118]; [Amended 05/27/20) At meetings of the Board, the order of business should be as follows: Closed Session (When Required) Minute Book 45 Board of Supervisors Regular Meeting of May 27, 2020 County of Frederick, Virginia WU 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 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. Section 5-4. Citizen Comments Period [Amended 4/14/041 [Amended 01/10/181; [Amended 02/14/18]; [Amended 05/27120) 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 be signed up to speak by providing their own name and Magisterial District on a register list provided for this purpose by the Clerk to the Board. 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. Minute Book 43 Board of Supervisors Regular Meeting of May 27, 2020 County of Frederick, Virginia 371 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 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 [Amended 05/27/20) 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 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 [Amended 05/27/20] 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. Minute Book 45 Board of Supervisors Regular Meeting of May 27, 2020 County of Frederick, Virginia 372 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. 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 Ail 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 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 Minute Rook 45 Board of Supervisors Regular Meeting of May 27, 2020 County of Frederick, Virginia 373 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. Section 7-7. Time Limits [Amended 05/27120] 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 02114/18] 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 Minute Book 45 Board of Supervisors (Regular Meeting of May 27, 2020 County of Frederick, Virginia 374 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 ,point Finance Committee Section 8.2. Appointments by the Board of Supervisors [Amended 01/25106]; [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.feva.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 [Added 05/27/20] 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. 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: 06/11103) (Amended: 01/14/04) (Amended: 04/14/04) Minute Book 45 Board of Supervisors Regular Meeting of May 27, 2020 County of Frederick, Virginia 375 (Amended: 01/25/06) (Amended: 01114/09) (Amended: 09/14/11) (Amended: 01/10/18) (Amended: 02/14/18) (Amended, 08/08/18) (Amended: 01 /09/19) (Amended: 05/27/20) +t+++...... .. BOARD OF SUPERVISORS COMMENTS - None COUNTY OFFICIALS: MICHAEL LAKE REAPPOINTED TO THE LORD FAIRFAX COMMUNITY COLLEGE BOARD OF DIRECTORS -- APPROVED Supervisor Graber moved to appoint Brandon Monk to the Lord Fairfax Community College Board. The motion, seconded by Supervisor Dunn, failed on a roll call 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 moved to appoint Michael Lake to the Lord Fairfax Community College Board. The motion, seconded by Vice Chairman Wells, carried on a roll call vote as follows; Blaine P. Dunn No Shawn L. Graber No J. Douglas McCarthy No Judith McCann -Slaughter Aye Gene E. Fisher Aye Robert W. Wells Aye Charles S. DeHaven, Jr. Aye PROPOSED AMENDMENT TO FY 20-21 BUDGET — DISCUSSION POSTPONED UNTIL THE NEXT MEETING Supervisor Dunn moved to withhold $4.8 million in FY21 until it is known if the County will actually have the projected revenue that was outlined in the adopted budget. Supervisor McCarthy seconded the motion. Minute Book 45 Board of Supmisors Regular Meeting of May 27, 2020 County of Frederick, Virginia 376 Vice Chairman Wells suggested postponing the discussion until the next meeting when more will be known about revenues. Supervisor Dunn explained his reasoning for the motion and agreed to withdraw his motion. Supervisor McCarthy, having provided the second, concurred with the motion's withdrawal. DISCUSSION OF SPECIAL EVENT CENTER CONDITIONAL. USE PERMITS Supervisor Dunn, the Board, and staff discussed Special Event Centers and Conditional Use Permits for such uses and updating the comprehensive plan. By consensus, the Board agreed to seek a joint meeting with the Planning Commission to continue the discussion and consider additional items of interest to the Board Members. f+++++......++ COMMITTEE BUSINESS FINANCE COMMITTEE Supervisor Slaughter moved for approval of the following: -The IT Director requests a General Fund supplemental appropriation in the amount of $23,897. This amount represents reserved PEG funds to be used for a wireless microphone system for the BOS meeting room ($22,190) and additional funds needed for remainder of the current year maintenance service contract of the Granicus system ($1,707), PEG funds are reserved and restricted only to purchases related to meeting broadcasts. -The Voter Registrar requests a General Fund supplemental appropriation in the amount of $42,640. This amount represents funds needed for the June Republican primary election. -The WRA Director requests an Airport Fund (fund 17) supplemental appropriation in the amount of $69,000. This amount represents funds received from the CARES Act, -The Public Work Director requests an FY21 General Fund supplemental appropriation in the amount of $250,000, or less if FY20 ending balance is not sufficient. This amount represents a Minute Book 43 Board of Supervisors Regular Meeting of May 27, 2020 County of Frederick, Virginia 377 carry forward of unspent FY20 funds for the completion of the replacement Albin Citizen Convenience Center, Any unspent funds in FY21, after project completion, will be returned to the General Fund, -The Victim Witness Director requests a General Fund budget transfer in the amount of $10,000 for the purchase of a copier and promotional materials (pending state approval). Transfer policy requires BOS approval when transferring out of fringe line items. -The F&R Chief requests a General Fund supplemental appropriation in the amount of $28,150 (pending grant award). This amount represents a VDEM grant for 2 portable decontamination systems. -The F&R Chief requests a General Fund revenue appropriation in the amount of $60,000 (pending grant award). This amount represents a VDEM grant for Rescue Task Force protective equipment, -The DSS Director requests a General Fund supplemental appropriation in the amount of $315,500, This amount represents yearend adjustments to bring the County budget in line with the State budget and reflects a $49,395 reduction in local dollars. -The Sheriff requests a General Fund supplemental appropriation in the amount of $3,955. This amount represents the sale scrap metal, which will be used for items at the firing range. -The Sheriff requests a General Fund supplemental appropriation in the amount of $5,000. This amount represents funds received from the ICAC grant in excess of budgeted. -The Sheriff requests a General Fund supplemental appropriation in the amount of $6,587.69. This amount represents insurance reimbursements for auto claims. Supervisor Dunn 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 for approval of the following: The Parks & Recreation Director requests a General fund supplemental appropriation in the amount of $118,883. This amount represents proffer funds to construct a trail around Lakeside Lake behind the Bowman library. This item has been approved by the Parks & Recreation Commission at their March 11, 2020 meeting. Supervisor McCarthy seconded the motion which carried on a recorded vote as follows: Minute Book 45 Board of Supervisors Regular Meeting of May 27, 2020 County of Frederick, Virginia Blaine P. Dunn Aye Gene S. 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 for approval of the following: The Transportation Director requests a Development Projects Fund (fund 27) supplemental appropriation in the amount of $2,253,614. This amount represents change orders and project management for Crossover Blvd. Supervisor McCarthy 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 Supervisor Slaughter moved for approval of the following: The WRA Director requests an Airport Capital Fund (fund 85) FY21 budget appropriation in the amount of $2,334,000 and a General Fund supplement appropriation in the amount of $414,376 representing the local portion, $362,000 of the local portion is a carry forward of unspent FY20 Airport Capital, Supervisor McCarthy 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 B. Fisher Aye Robert W. Wells Aye Charles S. DeHaven, Jr. Aye Supervisor Slaughter moved for approval of the following: The EMS Billing Manager requests an EMS Expense Recovery Fund (fund 30) supplemental appropriation in the amount of $225,000. This amount represents anticipated revenue in excess of budgeted revenue. Supervisor McCarthy 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 F. Fisher Aye Robert W. Wells Aye Charles S. DeHaven, Jr. Aye Supervisor Slaughter moved for approval of the following: The F&R Chief requests a General Fund supplemental appropriation in the amount of $81,474.73 (pending grant award), This Minute Book 45 Board of Supervisors Regular Meeting of May 27, 2020 County of Frederick, Virginia 379 amount represents an AFG supplemental grant via the CARES Act. Due to the grant application deadline, the application the application was previously administratively authorized. Supervisor McCarthy 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 Supervisor Slaughter moved for approval of the following: The Finance Director requests an FY21 NRADC Fund budget reduction in the amount of $440,010. This amount is from the elimination of the merit/COLA. The FY21 budget resolution reflects the reduction for the County's share of the amendment, Supervisor McCarthy 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 for approval of the following: The Sheriff requests a General Fund supplemental appropriation in the amount of $34,100. This amount represents funds received for traffic control in excess of budgeted revenue, which will be used for overtime. Supervisor McCarthy 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 Supervisor Slaughter moved for approval of the following: The Sheriff requests a General Fund supplemental appropriation in the amount of $31,443 (pending grant award) for a Student, Teachers and Officers Preventing School Violence Program grant. Of this amount, $10,481 are local funds representing the grant's 25% matching requirement. Due to COVID-19 forcing the cancellation of the March Finance Committee meeting, combined with the grant application deadline, approval to apply for a BJA grant for a 3D scanner the application was previously Minute Book 45 Board of Supervisors Regular Meeting of May 27, 2020 County of Frederick, Virginia CEO administratively authorized. The motion died for lack of a second. Supervisor Slaughter moved for approval of the following: The Sheriff requests a General Fund supplemental appropriation in the amount of $15,397.22 ($11,998.80 pending receipt of funds). This amount represents overtime reimbursements from the DEA. Supervisor McCarthy 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 Supervisor Slaughter moved for approval of the following: The Sheriff requests a General Fund supplemental appropriation in the amount of $21,078.58. This amount represents reimbursements from the IRS for overtime, travel, vehicle maintenance, and equipment. Supervisor McCarthy 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 Supervisor Slaughter moved for approval of the following: The Sheriff requests a General Fund supplemental appropriation in the amount of $80,000. This amount represents an expected shortfall for overtime. She further moved to direct staff to work with the Sheriff on factors contributing to overtime. Vice Chairman Wells seconded the motion, Supervisor Dunn moved to amend the motion to reduce the Sheriff's budget for next year in the amount that is over budget for the current year. Supervisor McCarthy seconded the 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 Following discussion with staff, the Board agreed by consensus to wait until the Minute Book 45 Board of Supervisors RegufarMeeting of May 27, 2020 County of Frederick, Virginia Finance Department can provide further information about the overtime shortfall before acting on the appropriation, Supervisor Slaughter withdrew her motion for approval. Vice Chairman Wells, having provided the second, concurred with the motion's withdrawal. *++++++++++++ PUBLIC HEARINGS (NON PLANNING ISSUES) OUTDOOR FESTIVAL PERMIT REQUEST OF TYLER WAKEMAN - PEAK LEAF MUSIC & BREWERS FESTIVAL - APPROVED County Administrator Tierney discussed the festival permit request for the event on Saturday, October 3, 2020, from 12:00 Noon until 7:00 PM, on the Grounds of the property at 7180 Valley Pike, Middletown, Virginia. He said this will be the third year the festival is held and that no issues have been reported in previous years, Chairman DeHaven opened the public hearing. No one spoke. Chairman DeHaven closed the public hearing. Supervisor Graber moved for approval of the Outdoor Request of Tyler Wakeman — Peak Leaf Music & Brewers Festival, Supervisor McCarthy seconded the motion which carried on a voice vote. +++++.+.*+++++ PLANNING COMMISSION BUSINESS — PUBLIC HEARINGS CONDITIONAL USE PERMIT #01-20 FOR J K LEE SERVICES -- APPROVED Mark Cheran, Zoning & Subdivision Administrator, discussed the application submitted for the expansion of an existing Assisted Living Structure adding six (6) beds at the property located at 549 Valley Mill Road, Winchester, Virginia, He noted that the Applicant was in attendance in case the Board wished to ask questions. Minute Book 45 Board of Supervisors Regular Meeting of May 27, 2020 County of Frederick, Virginia 382 The Board and Mr. Cheran discussed the application. Chairman DeHaven opened the public hearing. No one spoke. Chairman DeHaven closed the public hearing. Supervisor Dunn moved for approval of Conditional Use Permit #01-20 for J K Lee Services. Supervisor Graber 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 CONDITIONAL USE PERMIT #01-20 J K LEE SERVICES EXPANSION OF EXISTING ASSISTED LIVING FACIL= WHEREAS, Conditional Use Permit #01-20 for J K Lee Services, submitted for an expansion to an existing assisted living structure (currently approved with CUP #22-04) to add six (6) additional resident rooms, bringing the total rooms to 40, was considered. The property is located at 549 Valley Mill Road, Winchester, Virginia and is identified with Property Identification Number 55-A-56 in the Red Bud Magisterial District; and WHEREAS, the Frederick County Planning Commission held a public hearing on the Conditional Use Permit on May 6, 2020 and recommended approval of the Conditional Use Permit with conditions; and, WHEREAS, the Frederick County Board of Supervisors held a public hearing on this Conditional Use Permit during their regular meeting on May 27, 2020; and, WHEREAS, the Frederick County Board of Supervisors finds the approval of this expansion to a Conditional Use Permit to be in the best interest of the public health, safety, welfare, and in conformance with the Comprehensive Policy Plan; NOW, THEREFORE, BE IT ORDAINED by the Frederick County Board of Supervisors that Chapter 165 of the Frederick County Code, zoning, is amended to revise the zoning map to reflect that Conditional Use Permit Application #01-20 for the addition of six (6) resident rooms, bringing the total permitted residential rooms for this facility to 40 on the parcel identified by Property Identification Number 55-A-56 with the following conditions: 1. All review agency comments and requirements shall be complied with at all times. 2. Applicant must comply with all requirements of the State and County codes pertaining to adult care facilities at all times. 3. Any expansion or modification of this use shall require approval of a new site plan and a Conditional Use Pen -nit. ++++++++++++++ Minute Book 45 Board of Supervisors Regular Meeting of May 21, 2020 County of Frederick, Virginia PLANNING COMMISSION BUSINESS — OTHER PLANNING BUSINESS MASTER DEVELOPMENT PLAN 02-20 - HERITAGE COMMONS — PRESENTED TO THE BOARD FOR INFORMATION Tyler Klein, Senior Planner, reviewed the Master Development Plan (MDP) for Heritage Commons saying it appeared to be consistent with the approved Rezoning (REZ) application #10- 15 (proffers) and with the requirements of Article VIII, Master Development Plan, of the Frederick County Zoning Ordinance. He said the MDP is in a form that is administratively approvable and following presentation of the application to the Planning Commission and the Board of Supervisors, and the incorporation of any comments from the Board, staff is prepared to proceed to approval of the application. ......*..++... PROPOSED ORDINANCE AMENDMENT -DEVELOPMENT REVIEW FEES FOR COMMERCIAL TELECOMMUNICATIONS FACILITIES CUPS — FORWARDED TO PLANNING COMMISSION PUBLIC HEARING Tyler Klein, Senior Planner, reviewed the proposed amendment to Chapter 165 — Zoning Ordinance and to the Development Review Fee Schedule to reduce the fee for a Conditional Use Permit for commercial telecommunication facilities. He said staff is seeking direction from the Board of Supervisors on this Zoning Ordinance text amendment and/or if the amendment is ready to be sent forward for Public Hearing. The Board and staff discussed the number of applications for towers received while the fees had been reduced temporarily as well as the proposed fee structure. Supervisor Fisher suggested the matter be sent back to the Planning Commission for further work on the fee structure. Supervisor Graber moved to direct the Planning Commission to hold a Public Hearing regarding Chapter 165, Zoning, Article II, Supplementary Use Regulations; Parking; Buffers; And Regulations For Specific Uses, Part 204 — Additional Regulations For Specific Uses, §165-204.19. Telecommunication Facilities, Commercial, to set the application fee for a standard process project at $750. Supervisor McCarthy seconded the motion which carried on a recorded vote as follows; Blaine P. Dunn Aye Gene E. Fisher No Shawn L. Graber Aye Robert W. Wells Aye Minute Book 45 Board of Supervisors Regular Meeting of May 27, 2020 County of Frederick, Virginia J. Douglas McCarthy Aye Charles S. DeHaven, Jr. Aye Judith McCann -Slaughter Aye RESOLUTION DIRECTING THE PLANNING COMMISSION TO HOLD A PUBLIC HEARING REGARDING CHAPTER 165, ZONING ARTICLE II SUPPLEMENTARY USE REGULATIONS; PARKING; BUFFERS; AND REGULATIONS FOR SPECIFIC USES PART 204 — ADDITIONAL REGULATIONS FOR SPECIFIC USES § 165-204.19, TELECOMMUNICATION FACILITIES, COMMERCIAL WHEREAS, an ordinance to amend Chapter 165, Zoning to: Revise the Development Review Fee Schedule to reduce the fee for a Conditional Use Permit for cormercial telecommunication facilities. WHEREAS, the Development Review and Regulations Committee (DRRC) reviewed the proposed changes at their February 27, 2020 regular meeting and generally agreed with proposed changes; and WHEREAS, the Planning Commission discussed the proposed changes at their regularly scheduled meeting on May 6, 2020 and generally agreed with proposed changes; and WHEREAS, the Board of Supervisors discussed the proposed changes at their regularly scheduled meeting on May 27, 2020 and agreed with proposed changes; and WHEREAS, the Frederick County Board of Supervisors finds that, in the public necessity, convenience, general welfare, and good zoning practice, it directs the Frederick County Planning Commission hold a public hearing regarding an amendment to Chapter 165; and NOW, THEREFORE, BE IT REQUESTED by the Frederick County Board of Supervisors that the Frederick County Planning Commission shall hold a public hearing regarding amendments to the applicable section pertaining to development review fees for conditional use permits for commercial telecommunication facilities. + + + + t + + + . . * k + + PROPOSED ORDINANCE AMENDMENT - ZONING ENFORCEMENT, VIOLATIONS AND PENALTIES — FORWARDED TO PLANNING COMMISSION PUBLIC HEARING Tyler Klein, Senior Planner, reviewed the proposed ordinance revisions to maximize the penalties for zoning violations. He said staff is seeking direction from the Board of Supervisors on this Zoning Ordinance text amendment and/or if the amendment is ready to be sent forward for Public Hearing. The Board and staff discussed the proposed revision. Supervisor McCarthy moved to direct the Planning Commission to hold a Public Hearing regarding Chapter 165, Zoning, Article I, General Provisions; Amendments; And Conditional Use Permits, §165-101,08 Violations And Penalties; Enforcement, Supervisor Graber seconded the Minute Book 45 Board of Supervisors Regular Meeting of May 27, 2020 County of Frederick, Virginia 385 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 RESOLUTION DIRECTING THE PLANNING COMMISSION TO HOLD A PUBLIC HEARING REGARDING CHAPTER 165, ZONING ARTICLE I GENERAL PROVISIONS; AMENDMENTS; AND CONDITIONAL USE PERMITS § 165-101.08 VIOLATIONS AND PENALTIES; ENFORCEMENT WHEREAS, an ordinance to amend Chapter 165, Zoning to: Revise the current ordinance, to maximize the penalties for zoning violations. WHEREAS, the Development Review and Regulations Committee (DRRC) reviewed the proposed changes at their February 27, 2020 regular meeting and generally agreed with the proposed changes; and WHEREAS, the Planning Commission discussed the proposed changes at their regularly scheduled meeting on May 6, 2020 and generally agreed with the proposed changes; and WHEREAS, the Board of Supervisors discussed the proposed changes at their regularly scheduled meeting on May 27, 2020 and agreed with the proposed changes; and WHEREAS, the Frederick County Board of Supervisors finds that, in the public necessity, convenience, general welfare, and good zoning practice, it directs the Frederick County Planning Commission hold a public hearing regarding an amendment to Chapter 165; and NOW, THEREFORE, BE IT REQUESTED by the Frederick County Board of Supervisors that the Frederick County Planning Commission shall hold a public hearing regarding amendments to applicable section pertaining to Zoning Enforcement, Violations, and Penalties. + * . + + + . + + + + + + . BOARD LIAISON REPORTS Vice Chairman Wells reviewed the post -pandemic reopening plans discussed by the Parks and Recreation Commission at its most recent meeting. Supervisor Dunn discussed pandemic issues affecting the Handley Library and the Tourism Board. CITIZEN COMMENTS - None Minute Book 45 Board of Supervisors Regular Meeting of May 27, 2020 County of Frederick, Virginia BOARD OF SUPERVISORS COMMENTS In reference to the statewide pandemic restrictions imposed by the Governor, Supervisor Dunn said the state needs to be opened up so that citizens can return to work. ADJOURN On motion of Vice Chairman Wells, seconded by Supervisor Dunn, the meeting was adjourned at 8:41 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 27, 2020 County of Frederick, Virginia 'OWN v Board of Supervisors Minutes of May 27, 2020 - Appendix 1 FINANCE and AUDIT COMMITTEE REPORTS to the BOARD OF SUPERVISORS Wednesday, May 20, 2020 8:00 a.m. 107 NORTH KENT STREET, WINCHESTER, VIRGINIA Finance and Audit Committee meetings were held in the Board of Supervisors Room at 107 North Kent Street on Wednesday, May 20, 2020 at 8:00 a.m. AT FEN DEES: Committee Members Present: Judith McCann -Slaughter, Chairman; Charles DeHaven; Angela Rudolph -Wiseman; Jeffrey Boppe; and non -voting liaison William Orndoff, Treasurer, Committee Member Absent: Robert Wells; and nonvoting liaison Seth Thatcher, Commissioner of the Revenue. Staff present: Cheryl Shiffler, Finance Director; Sharon Kibler, Assistant Finance Director; Kris Tierney, County Administrator; Joe Wilder, Public Works Director; Nick Sabo, WRA Director; Scott Varner, IT Director; Lenny Mulholland, Sheriff; Tamara Green, DSS Director; Delsie Jobe, DSS Administrative Services Manager; Jon Turkel, Assistant Parks & Rec Director; Jason Robertson, Park & Rec Director, John Bishop, Transportation Director; and Richard Venskoske, Voter Registrar. Staff joining remotely: Jay Tibbs, Assistant County Administrator; Denny Linaburg, F&R Chief; Steve Majchrzak, Assistant F&R Chief; Christine Bauserman, EMS Billing Manager; and Rod Williams, County Attorney. Others joining remotely: David Foley, CPA, Robinson, Farmer, Cox Associates, ITEMS REQUIRING ACTION BY BOARD OF SUPERVISORS: AUDIT COMMITTEE 1, David Foley from Robinson, Farmer, Cox Associates will present the FY 2019 Comprehensive Annual Financial Report (CAFR) and be available for discussion of the upcoming FY 2020 audit. The FY 2019 CAFR is available in dropbox or online at: www.fcva_us CAFR. The committee recommended acceptance of the report and authorized the Finance Committee Chair to sign the engagement letter for the upcoming FY 2020 audit. FINANCE COMMITTEE () Items 2, 3, 5, 8, 9, 11, 12, 13, 15, 19 and 20 were approved under consent agenda, I. The Parks & Recreation Director requests a General fund supplemental appropriation in the amount of $118,883. This amount represents proffer funds to construct a trail around Lakeside Lake behind the Bowman Library. This item has been approved by the Parks & Recreation Minute Book 43 Board of Supervisors Regular Meeting of May 27, 2020 County of Frederick, Virginia • Commission at their March 11, 2020 meeting. The proffer policy is attached for information. See attached memo, p. 6 — 8. The committee recommends approval. 2. (S.) The IT Director requests a General Fund supplemental appropriation in the amount of 23 897. This amount represents reserved PEG funds to be used for a wireless microphone system for the BOS meeting room ($22,190) and additional funds needed for remainder of the current year maintenance service contract of the Granicus system ($1,707). PEG funds are reserved and restricted only to purchases related to meeting broadcasts, No local funds required. See attached information, p. 9 —12. 3. ( j The Voter Registrar requests a General Fund supplemental appropriation in the amount of 42 640, This amount represents funds needed for the June Republican primary election. Local funds are required. See attached memo, p. 13-14. 4. The Transportation Director requests a Development Projects Fund fund 27 suRglemental appropriation in the amount of $2,253,614. This amount represents change orders and project management for Crossover Blvd. No local funds required. See attached memo, p, 15. The committee recommends approval. 5. O The WRA Director requests an Airport Fund fund 17 supplemental appropriation in the amount of $69 000. This amount represents funds received from the CARES Act. No local funds required. See attached memo, p. 16, 6. The WRA Director requests an Airport Capital Fund (fund 85) FY21 budget appropriation in the amount of $2,334,000 and a General Fund supplement appropriation -in the amount of 414 376 representing the local portion. $362,000 of the local portion is a carry forward of unspent FY20 Airport Capital. See the attached information, p. 17 — 19. The committee recommends approval. 7. The EMS Billing Manager requests an EMS Expense Recovery Fund (fund 30) supplemental appropriation in the amount of $225,000. This amount represents anticipated revenue in excess of budgeted revenue. No local funds required. See attached memo, p. 20. The committee recommends approval. $. ( ) The Public Work Director requests an FY21 General Fund supplemental appropriation in the amount of $250,000, or less if FY20 ending balance is not sufficient. This amount Minute Book 45 Board of Supervisors Regular Meeting of May 27, 2020 County of Frederick, Virginia represents a carry forward of unspent FY20 funds for the completion of the replacement Albin Citizen Convenience Center. Any unspent funds in FY21, after project completion, will be returned to the General Fund. See attached memo, p. 21— 22. 9. O The Victim Witness Director requests a General Fund budget transfer in the amount of $10,000 for the purchase of a copier and promotional materials (pendingstate ate approval). Transfer policy requires BOS approval when transferring out of fringe line items. No additional local funds required. See attached memo, p. 23 — 24, 10. The F&R Chief requests a General Fund supplemental appropriation in the amount of $81,474.73 (pending grant award). This amount represents an AFG supplemental grant via the CARES Act. Due to the grant application deadline, the application was authorized. See attached information, p. 25, The committee recommends approval. 11. ( ) The F&R Chief requests a General Fund su lemental appropriation in the amount of $28,150 (pending grant award). This amount represents a VDEM grant for 2 portable decontamination systems. No local funds required. See attached information, p. 26. 12. () The F&R Chief requests a General Fund revenue appropriation in the amount of $60,000 (pending grant award)., This amount represents a VDEM grant for Rescue Task Force protective equipment. No local funds required. See attached information, p. 27. 13. { j The DSS Director requests a General Fund supplemental appropriation in the amount of 315 500. This amount represents yearend adjustments to bring the County budget in line with the State budget and reflects a $49,395 reduction in local dollars, See attached memo, p. 28. 14. The Finance Director requests an FY21 NRADC Fund budget reduction in the amount of 440 010, This amount is from the elimination of the merit/COLA. The FY21 budget resolution reflects the reduction for the County's share of the amendment, The committee recommends approval. 15. The Sheriff requests a General Fund supplemental appropriation in the amount of $34,100 This amount represents funds received for traffic control in excess of budgeted revenue, which will be used for overtime. No local funds required. See attached memos, p. 29 — 35. The committee recommends approval. Minute Book 43 Board of Supervisors Regular Meeting of May 27, 2020 County of Frederick, Virginia 390 16. ( I ) The Sheriff requests a General Fund supplemental appropriation in the amount of $3,955. This amount represents the sale scrap metal, which will be used for items at the firing range. No local funds required. See attached memo, p. 36 — 37. 17. The Sheriff requests a General Fund supplemental appropriation in the amount of $31,443 (pending grant award) for a Student, Teachers and Officers Preventing School Violence Program grant. Due to COVID-19 forcing the cancellation of the March Finance Committee meeting, combined with the grant application deadline, approval to apply for a BJA grant for a 3D scanner was authorized. See attached information, p. 38 — 50. The committee recommends approval. 18. The Sheriff requests a General Fund supplemental appropriation in the amount of $15,397,22 ($11,998.80 pending receipt of funds). This amount represents overtime reimbursements from the DfA. No local funds required. See attached memo, p. 51— 52. The committee recommends approval. 19. ( ) The Sheriff requests a General Fund supplemental appropriation in the amount of $5,000. This amount represents funds received from the ICAO grant in excess of budgeted, No local funds required. See attached memo, p. 53. 20. O The Sheriff requests a General Fund supplemental appropriation in the amount of 6 587.69. This amount represents insurance reimbursements for auto claims. No local funds required. See attached memo, p. 54-56. 21. The Sheriff requests a General Fund supplemental appropriation in the amount of $21,078.58. This amount represents reimbursements from the IRS for overtime, travel, vehicle maintenance, and equipment. No local funds required. See attached memo, p. 57 -- 58. The committee recommends approval. 22. The Sheriff requests a General Fund supplemental appropriation in the amount of $80,000. This amount represents an expected shortfall for overtime. Local funds are required. See attached memo, p, 59. The committee recommends approval and requests staff to work with the Sheriff on factors contributing to overtime. Minute Book 45 Board of Supervisors Regular Meeting of May 27, 2020 County of Frederick, Virginia 391 INFORMATION ONLY: 1. The Finance Director provides a Fund 10 Transfer Report for April 2020. See attached, p. 60. 2. The Finance Director provides financial statements ending April 30, 2020. See attached, p. 61— 71. 3. The Finance Director provides an FY 2020 Fund Balance Report ending May 14, 2020. See attached, p. 72. Respectfully submitted, FINANCE COMMITTEE Judith McCann -Slaughter, Chairman Charles DeHaven Jeffrey Boppe Angela Rudolph -Wiseman By Che4-yL [3.Sh.; f l Cheryl B. Shiffier, Finance Director Minute Book 43 Board of Supervisors Regular Meeting of May 27, 2020 County of Frederick, Virginia