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January 13 2021 Closed Session and Regular Meeting Minutes 191 MINUTES CLOSED SESSION AND REGULAR MEETING FREDERICK COUNTY BOARD OF SUPERVISORS WEDNESDAY, JANUARY 13, 2021 4:00 P.M.AND 7:00 P.M. BOARD ROOM, COUNTY ADMINISTRATION BUILDING 107 NORTH KENT STREET, WINCHESTER, VIRGINIA ATTENDEES Board of Supervisors: Charles S, DeHaven, Jr., Chairman; Robert W. Wells, Vice Chairman; Blaine P, Dunn; Shawn L. Graber;Judith McCann-Slaughter;J. Douglas McCarthy; and David D. Stegmaier were present. Staff present: Kris C, Tierney, County Administrator; Jay E. Tibbs, Deputy County Administrator; Roderick B. Williams, County Attorney; Scott Varner, Director of Information Technology; Candice Perkins, Assistant Director of Planning; Tyler Klein, Senior Planner; Seth Thatcher, Commissioner of the Revenue; Tamara Perez, Director of Public Safety Communications; Steve Majchrzak, Fire Chief; Lenny Millholland, Sheriff; Missi Neal, Purchasing Manager; and Ann W. Phillips, Deputy Clerk to the Board of Supervisors, CALL TO ORDER Chairman DeHaven called the meeting to order at 4:00 p.m. CLOSED SESSION Vice Chairman Wells moved that the Board of Supervisors of Frederick County enter a closed session pursuant to Virginia Code Sec. 2.2-3711(A)(7) and (8)for(i)consultation with legal counsel and briefing by staff members pertaining to probable litigation, by the E. F. Johnson Company and/or one or more other persons, relating to a contract for and a public safety radio system, where such consultation or briefing in open meeting would adversely affect the negotiating or litigating posture of the public body,and(ii)consultation with legal counsel requiring the provision of legal advice by such counsel, regarding a contract for and a public safety radio system. Supervisor McCarthy seconded the motion which failed on the following recorded vote: Blaine P. Dunn Aye David D. Stegmaier No Shawn L. Graber Aye Robert W.Wells No i Minute Book 46 Board o f Supervisors Closed Session and Regular Meeting o ff anuary 13,2021 County of Frederick Virginia 192 J. Douglas McCarthy Aye Charles S. DeHaven, Jr. No Judith McCann-Slaughter No RECESS At 4:05 p.m., Chairman DeHaven recessed the meeting. CALL TO ORDER Chairman DeHaven called the meeting to order at 7:00 p.m. INVOCATION Supervisor Stegmaier delivered the invocation, PLEDGE OF ALLEGIANCE Vice Chairman Wells led the Pledge of Allegiance. ORGANIZATION OF BOARD OF SUPERVISORS FOR 2021 A. Election of Vice-Chairman—Robert W.Wells Elected Chair DeHaven opened nominations for Vice-Chairman, Supervisors McCarthy and Wells were each nominated for Vice Chairman, Supervisor Wells was elected on a recorded vote as follows: Blaine P. Dunn McCarthy David D. Stegmaier Wells Shawn L. Graber McCarthy Robert W.Wells Wells J. Douglas McCarthy McCarthy Charles S. DeHaven, Jr. Wells Judith McCann-Slaughter Wells B. Adoption of Rules of Procedure-Approved Supervisor Slaughter moved that the Board adopt the Rules of Procedure Frederick County Board of Supervisors, adopted May 28, 2003, amended July 8, 2020, and Robert's Rules of Order Simplified and Applied. Supervisor McCarthy seconded the motion which carried on a voice vote. Minute Book 46 Board o f Supervisors Closed Session and Regular Meeting o f f anuary 13,2021 County of Frederick,Virginia 193 RULES OF PROCEDURE 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 I-1. Annual Meeting; Schedule of Regular Meetings [Amended 01109019] On the second Wednesday of January of each year,or on such other date in the month of January as it may designate,the Board shall assemble in the Board of Supervisors' Meeting Room of the County Administration Building, 107 North Kent Street,Winchester,Virginia,or such other public place as it may designate,in regular session and conduct its annual or organizational meeting. During the course of such meeting,the Board shall fix the date,time, and place of all of its regular meetings during the ensuing calendar year,and shall fix the day on which a regular meeting shall be continued should the Chairman later declare that weather or other conditions make it hazardous for members to attend.Thereafter,no changes shall be made to the schedule of regular meetings and continued dates of same unless the requirements of Section 15.2-1416 of the Code of Virginia, 1950,as amended,are first met,except that the Chairman may cancel a regular meeting in extenuating circumstances. Section 1-2. Special Meetings The Board of Supervisors may hold such special meetings as it deems necessary and at such times and places as it may find convenient, A special meeting can only be called pursuant to the requirements imposed by Sections 15.2-1417 and 15.2-1418 of the Code of Virginia, 1950,as amended. Section 1-3. Continued Meetings Upon majority vote of the members attending,the Board may continue its meetings,regular or special, from time to time as it may find convenient or necessary with no requirement to further advertise or announce. 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 Minute Book 46 Board of Supervisors Closed Session and Regular Meeting o f January 13,2021 County of Frederick,Virginia 194 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 05127120] 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 -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 maj ority 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. Minute Book 46 Board of Supervisors Closed Session and Regular Meeting o f f onuary 13,2021 County of Frederick,Virginia 195 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 09114/11] [Amended 02114118] 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-H. 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. Section 1-12. Remote Meeting Participation[Adopted 3-25-20;Inserted In To Rules ]-13-21] The Board of Supervisors adopted the following policy to permit individual Supervisors to participate via electronic communication means in Board meetings,as permitted by Virginia Code§2.2-3708.2. Section 2.2-3708.2 states,with respect to such a policy: "The policy shall be applied strictly and uniformly,without exception,to the entire membership and without regard to the identity of the member requesting remote participation or the matters that will be considered or voted on at the meeting." Minute Book 46 Board of Supervisors Closed Session and Regular Meeting o f January l3,2021 County of Frederick, Virginia 196 A Supervisor may participate from a remote location when he or she experiences a personal matter or medical condition or disability that prevents attendance in person.Whenever a Supervisor wishes to participate from a remote location,the following requirements apply: On or before the day of the meeting,the Supervisor must notify Chair or,if the Supervisor who wishes to participate remote is the Chair,the Chair must notify the Vice Chair,and indicate the nature of the matter necessitating remote participation,as set forth below. • The Supervisor's absence must be due to a personal matter or medical condition or disability that prevents attendance in person. o In the case of absence due to a personal matter(not medical/disability),the Supervisor may not participate remotely more than twice in one calendar year,and the Supervisor shall identify the personal reason, for inclusion in the Board's minutes to note remote participation for that reason. o In the case of absence due to medical/disability reason,the minutes must note the fact of remote participation for that reason,but minutes need not note the particular condition/disability. There is no limit on the number of times a Supervisor may participate remotely for medical/disability reasons. • The Supervisor must identify the location of his participation(which itself need not be open to the public),for inclusion in the Board's minutes. • The Supervisor's voice must be audible to all persons attending the meeting in person. • The Board must approve such participation on the particular occasion and note that fact in the minutes. If the Board denies participation,the Board also must note that fact in the minutes,with the reasons for disapproval. With respect to approval/denial,the Board must uniformly apply the policy (denial can only be for noncompliance with the policy). • A quorum of the Board must be physically present at the meeting location. ARTICLE Il—GENERAL CODE OF CONDUCT[Added 5/27/20] 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: 1, Board members will refrain from engaging in dialogue with members of the public during hearings or citizen comments periods. 2. Board members will honor the role of the presiding officer in maintaining order and equity and respect the efforts to focus discussion on current agenda items. Minute Book 46 Board of Supervisors Closed Session and Regular Meeting o f f onuary 13,1011 County of Frederick,Virginia 197 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. 1. 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 01/14109] 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 31 st 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 Minute Book 45 Board of Supervisors Closed Session and Regular Meeting o ffanuary 13,2021 County of Frederick,Virginia 198 meeting,the Vice Chair shall assume the authority and duties of the Chair.In the event the Chair and Vice Chair are absent from any meeting of the Board,then the members present at such meeting shall choose one of their number as temporary Chair by majority vote of the members present and voting. Section 3-2. Authority of the Chairman The efficient and dignified conduct of public business is the ultimate concern of the Board.Accordingly, it is the policy of the Board that its meetings be conducted with the highest degree of order and decorum, and the Board will permit no behavior,which is not in keeping with this policy. The Chairman shall preserve order and decorum at all meetings.He shall recognize persons desiring to speak and shall ensure that speaker's comments are limited to the issue before the Board for consideration and that any limitations on time are observed.The Chairman shall ensure that all persons entitled and desiring to speak are permitted to do so without interruption or comment during their presentation.The Chair shall determine if statements are demeaning,inappropriate,or out of order,and shall have the authority to revoke the speaker's right to continue. 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 05/27/20] 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[Amended 07108/20] 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. It is strongly recommended that supporting information for every item to be placed on the regular meeting agenda be received in the Office of the County Administrator before noon on the Wednesday 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 Minute Book 46 Board of Supervisors Closed Session and Regular Meeting of January r 3,1011 County of Frederick, Virginia 199 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 02/14/18] A copy of the meeting agendas shall be made available in the Office of the County Adnunistrator,as of the date and time the information is distributed to members of the Board.Agendas will also be posted on the county web page and outside the main entrance to the Board of Supervisors'meeting room. Section 4-4. Copies [Amended 02/14/18] Individuals desiring complete copies of agenda packages shall arrange with the Clerk for the delivery and cost of the information desired. ARTICLE V-CONDUCT OF BUSINESS Section 5-1. Order of Business [Amended 06/11/03]; [Amended 01/14/04]; [Amended 02/14/18]; [Amended 08/08/18];[Amended 05/27/20] At meetings of the Board,the order of business should be as follows: Closed Session(When Required) Call to Order Invocation Pledge of Allegiance Adoption of Agenda Citizen Comments(Agenda Items Only,That Are Not Subject to Public Hearing.)Consent Agenda(Will contain Minutes and Committee Reports) Board of Supervisors Comments County Officials 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 beard under either of the Board of Supervisors Comments portions of the agenda. Minute Book 46 Board of Supervisors Closed Session and Regular Meeting o f l anuary 13,2021 County of Frederick,Virginia 200 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 sball 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 4/14104] [Amended 01/10/18]; [Amended 02/14/18]; [Amended 05/27/20] 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 V11- 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 46 Board o f Supervisors Closed Session and Regular Meeting of Jonuary 13,2011 County of Frederick,Virginia 201 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 j 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 Minute Book 46 Board of Supervisors Closed Session and Regular Meeting of f anuary 13,2011 County of Frederick,Virginia 202 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 05127/20] 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. 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 Minute Book 46 Board of Supervisors Closed Session and Regular Meeting of January 13,2021 County of Frederick,Virginia 203 I Upon completion of a presentation by staff,applicant or member of the public,any member of the Board may ask questions to enhance their understanding of the issue, verify information presented or clarify the action or actions requested.Members of the Board shall not engage in debate with the person or persons making the presentation, Section 6-9. Staff and/or Applicant Response The Chairman shall call on the staff or applicant for any response on closing comments with reference to the public hearing presentations. Section 6-10.Close of Hearing When the Chair of the Board shall have closed a public hearing,no further public comments shall be received. Section 6-11. Board Discussions and/or Consideration At the close of the public hearing,the Board of Supervisors shall,at its discretion,act or defer action upon the matter set for public hearing.In the event the Board defers action to a later date,the record shall be left open to receive written comments up until the time that a vote is taken. ARTICLE VII-CITIZEN RESPONSIBILITIES Section 7-1. Application of Rules Any person desiring to address the Board of Supervisors during any portion of a meeting designated for public comment shall be required to abide by the rules governing such presentations as hereafter set forth in these rules. Section 7-2. Addressing the Board All persons speaking at a meeting of the Board during any portion of a meeting designated for public comment shall address their comments to the Board of Supervisors and shall limit their comments to matters before the Board of Supervisors. Speakers shall not engage in debate with other speakers or members of the public.Questions shall not be asked of other speakers but may be directed to the Chairman of the Board for consideration by the Board in later deliberating the matter. Section 7-3, Conduct while Speaking/Conduct While Not Speaking Persons speaking at a meeting of the Board of Supervisors shall do so in a courteous manner. Cursing or other obscene language or gestures,threats,insults,or other actions intended to harass,provoke or incite a fight,brawl, or other such disorderly response will not be permitted.Any person whose conduct is contrary to this section will be removed as provided for in section 3-2 of these rules.Board members are expected to observe the same decorum at all meetings. Minute Book 46 Board of Supervisors Closed Session and Regular Meeting,o f January 13,2021 County of Frederick, Virginia 204 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 05127/20] Each person speaking during any portion of a meeting designated for public comment shall observe a time limit of three minutes for his or her comments and shall yield the floor when informed their time has expired. Section 7-8. Registration[Amended 02/14/18] Should registration of speakers be required,all persons desiring to speak shall sign the register,providing their name and Magisterial District of residence. Section 7-9. Written Copy of Comments Speakers are requested,but not required,to leave written statements and/or comments with the Clerk or Deputy Clerk of the Board to be incorporated into the written record of the meeting. Section 7-10. Information Sources Minute soak 46 Board of Supervisors Closed Session and Regular Meeting of f anuary 13,2021 County of Frederick,Virginia 205 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 Public Works Committee Technology(IT)Committee Transportation Committee OTHER APPOINTMENTS MADE BY THE CHAIRMAN: Board Liaison to Fire&Rescue Association Board Liaison to Frederick Water Board Board Liaison to Planning Commission County Representatives to the Frederick County-Winchester Joint Finance Committee Section 8.2. Appointments by the Board of Supervisors [Amended 01/25/061; [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 committecs 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: I, Applications are required for positions on bodies created by the Board of Supervisors. For non- Frederick County boards such as regional or community-based bodies,the Board of Supervisors will accept and consider nominations from those boards while reserving the right to appoint its preferred candidate, The application form, or Committee Appointments Informational Data Sheet,is available on the County website,www.fcva.us,or through the County Administrator's Office.A completed application(Informational Data Sheet)shall be required for all initial nominations;however,a completed application(Informational Data Sheet)for candidates being reappointed shall not be required. 2. Applications must be received in the County Administrator's Office by 5:00 p.m.on the Wednesday preceding a Board meeting in order to be included in the agenda for review by the members of the Board. Minute Book 46 Board of Supervisors Closed Session and Regular Meeting of fanuary 13,2021 County of Frederick,Virginia 206 3. Any applications received after the deadline specified above will be held for review until the next regularly scheduled meeting of the Board. ARTICLE 1X—Electronic Devices [Added 05/271201 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 Infonnation Act(FOIA)and record archiving purposes, Board members are strongly encouraged to use only the email account provided by the County to conduct business for the County. When responding to emails that are sent to all Board members,respond by replying only to the sender. Email,like all written correspondence,is subject to the FOIA. Article X--AMENDMENTS Section 10-1. Amendments These Rules of Procedure may from time to time be revised,repealed, or otherwise amended upon an affirmative vote by a majority of the members of the Board of Supervisors present and voting. (Adopted:05/28/03) (Amended: 06/11/03) (Amended: 01/14/04) i (Amended: 04/14/04) (Amended: 01/25/06) (Amended: 01/14/09) (Amended: 09/14/11) (Amended: 01/10/18) (Amended: 02/14/18) (Amended: 08/08/18) (Amended: 01/09/19) (Amended: 05/27/20) (Amended 07/08/20) (Amended 01/13/21) . . + * + + + . . . . . + + C. Selection of a Parliamentarian—Coun Administrator Elected Supervisor Slaughter moved that the Board elect the County Administrator as Parliamentarian, Supervisor McCarthy seconded the motion which carried on a voice vote. Minute Book 46 Board of Supervisors Closed Session and Regular Meeting o f Jonuary 13,2021 County of Frederick,Virginia 207 D. Selection of Time and Place for Regular Meetings-Approved Supervisor Slaughter moved that the second and fourth Wednesdays of each month, at 7:00 P.M., in the Board of Supervisors' Meeting Room, County Administration Building, 107 North Kent Street, Winchester, Virginia be the time and meeting place for the Frederick County Board of Supervisors for 2021 with the exception that the I second meeting in November and December not be scheduled because of the conflict with the holidays, and further moved that should a meeting be cancelled due to inclement weather, it take place on the following evening Supervisor McCarthy seconded the motion which carried on a voice vote, E. Chairman's Annual Board Committee Assignments - Postponed Chairman DeHaven noted he will provide committee assignments in the near future. + + + + + + . . . . . + + + ADOPTION OF AGENDA—APPROVED Upon motion of Vice Chairman Wells, seconded by Supervisor Slaughter,the agenda was adopted with the addition of an action item under the County Officials section for authorization of the County Administrator to execute a contract with E F Johnson for a public safety radio system and with Mission Critical Partners for project management. The motion carried on a recorded vote as follows: i Blaine P. Dunn No David D. Stegmaier Aye Shawn L.Graber No Robert W.Wells Aye Judith McCann-Slaughter Aye Charles S. DeHaven,Jr. Aye J. Douglas McCarthy No CITIZENS COMMENTS- None ADOPTION OF CONSENT AGENDA—APPROVED Supervisor Slaughter moved for adoption of the consent agenda as presented. The motion Minute Book 46 Board of Supervisors Closed Session and Regular Meeting o f January 13,1011 County of Frederick,Virginia 208 was seconded by Vice Chairman Wells and carried on a recorded vote as follows: Blaine P. Dunn Aye David D.Stegmaier Aye Shawn L. Graber No Robert W.Wells Aye Judith McCann-Slaughter Aye Charles S. DeHaven, Jr. Aye J. Douglas McCarthy Aye - Minutes of Regular Meetin-g of December 9, 2020 -CONSENT AGENDA APPROVAL - Code and Ordinance Committee Report of December 8 2020-CONSENT AGENDA APPROVAL Appendix 1 - Human Resources Committee Report of December 11, 2020 - CONSENT AGENDA APPROVAL, Appendix Z - Request for Use of f=unds by the Public Works Committee: New Storage Building= CONSENT AGENDA APPROVAL Request from the Commissioner of the Revenue for Refund and Supplemental Appropriation: ARI Fleet LT- $7,004.75—CONSENT AGENDA APPROVAL Employee of the Month Resolution Honoring B.J. Dove—CONSENT AGENDA APPROVAL Employee of the Month Resolution Awarded to: B.J.Dove WHEREAS,the Frederick County Board of Supervisors recognizes that the County's employees are a most important resource; and on September 9, 1992, the Board of Supervisors approved a resolution which established the Employee of the Month award and candidates for the award may be nominated by any County employee;and WHEREAS,the Board of Supervisors upon recommendation by the Human Resources Committee selects one employee from those nominated;and WHEREAS,B.J. Dove is the definition of a`dependable'employee,making herself available as a constant and reliable resource to all employees at Social Services with the front desk staff counting on B.J.to assist when clients come into the lobby or call and staff members relying on B.J. to provide assistance and aid with unknown and/or difficult case situations;and WHEREAS, her supervisors trust in B.J,'s constancy to help carry the load however needed and during times of transition in management, and B.J. has proven to be a sturdy and unwavering leader and an advocate for the entire Benefits Division; and WHEREAS, B.J. possesses a positive attitude and takes responsibility for maintaining morale amongst workers, and is thoughtful of other staff, celebrating them when the occasion arises, and often volunteers to cover the front desk allowing others to attend gatherings;and WHEREAS, B,J. routinely provides exceptional customer service to the clients of Frederick County by continuously going above and beyond to assist by answering questions, offering explanations, fixing cases/coverage, calling other departments and resources as necessary, and above all by responding with kindness and understanding to everyone she encounters; and WHEREAS, B.J. has been a loyal Frederick County employee for almost 20 years, and truly cares about the citizens of Frederick County and their wellbeing as is demonstrated not only through her performance as a Social Services employee, but also through her actions within the community such as regularly volunteering with different organizations and in numerous capacities, including the Winchester Area Temporary Thermal Shelter(WATTS)where she helps serve homeless citizens in a variety of ways; and Minute Book 46 Board of Supervisors Closed Session and Regular Meeting of January 13,2021 County of Frederick,Virginia 209 WHEREAS, B.J. has been an asset to Frederick County Department of Social Services, especially within the Benefits Division,and her knowledgeable,supportive,team-oriented,and caring nature has added value to the Department and to the County as a whole resulting in her being held in high esteem by her peers, who truly and greatly appreciate her efforts;and NOW,THEREFORE BE IT RESOLVED,by the Frederick County Board of Supervisors this 13th clay of January 2021, that B.J. Dove is hereby recognized as the Frederick County Employee of the Month for December 2020;and BE IT FURTHER RESOLVED that the Board of Supervisors extends gratitude to B.J. Dove for her outstanding performance and dedicated service and wishes her continued success in future endeavors;and BE IT FINALLY RESOLVED that B.J.Dove is hereby entitled to all of the rights and privileges associated with this award, . + + . + . + + + f + + t + BOARD OF SUPERVISORS COMMENTS Supervisor McCarthy addressed the recently proposed permanent standard protocols i regarding Covid-19 saying he is opposed to such regulations being made permanent when the pandemic is improving with the arrival of vaccines. He stated his concern about the proposal eliminating the public comment requirement and asked the Board to join him in signing a letter of opposition to the permanent protocols, Supervisor McCarthy noted his recent meeting with Michael Faison of the NAACP and invited the Board members to attend an upcoming town hall meeting regarding the Juneteenth holiday, Supervisor Dunn referenced a plan at the Department of Education aimed at preventing parents from being informed about matters that occur in children's classroom settings. He said it was inappropriate for the Department to interfere in the parent-child relationship and urged the local school system not to include the proposed rule. Supervisor Dunn referenced the Board's failed vote earlier in the day to enter a closed session saying he had spent a great deal of time preparing for the meeting. He said the Board has historically extended the courtesy of listening to fellow members. He added that leaving work early to attend and then having the majority of the Board vote against entering the closed session is infuriating. PRESENTATION OF EMPLOYEE OF THE MONTH AWARD TO B.J. DOVE Chairman DeHaven and Vice Chairman Wells read and presented a framed certificate to Employee of the Month B. J. Dove. Minute Book 46 Board of Supervisors Closed Session and Regular Meeting off angary 13,2021 County of Frederick,Virginia 210 UPDATE ON SPOTTED LANTERN FLY FROM KYLE RHOADS AND DAVID GIANINO OF VIRGINIA DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES Kyle Rhoads and David Gianino of the Virginia Department of Agriculture and Consumer Services presented information on the non-native Spotted Lantern Fly currently found in the local area. COMMITTEE APPOINTMENTS ROBERT MEADOWS REAPPOINTED TO HISTORIC RESOURCES ADVISORY BOARD — APPROVED Supervisor Slaughter moved to reappoint Dr. Robert Meadows to a four-year term ending January 12, 2025, as the at large member of the Historic Resources Advisory Board. Supervisor McCarthy seconded the motion which carried on a voice vote. GARY LONGERBEAM REAPPOINTED TO PARKS AND RECREATION COMMISSION — APPROVED Supervisor Graber moved to reappoint Gary Longerbeam to a four-year term ending January 17, 2025, as Back Creek District Representative on the Parks and Recreation Commission. Supervisor McCarthy seconded the motion which carried on a voice vote. JOHN LAMANNA APPOINTED AS AT-LARGE MEMBER OF THE SOCIAL SERVICES BOARD —APPROVED Vice Chairman Wells moved to appoint John Lamanna as an at-large member of the Social Services Board to fill an unexpired four-year term ending May 24, 2021. Supervisor Stegmaier seconded the motion. Supervisors Graber and Dunn spoke in opposition to Mr. Lamanna's appointment. The motion to appoint carried on a recorded vote as follows: Blaine P. Dunn No David D. Stegmaier Aye Shawn L. Graber No Robert W.Wells Aye Judith McCann-Slaughter Aye Charles S. DeHaven,Jr. Aye J. Douglas McCarthy Aye Minute Book 46 Board of Supervisors Closed Session and Regular Meeting of January 13,2021 County of Frederick, Virginia 211 MOTION TO AUTHORIZE COUNTY ADMINISTRATOR TO EXECUTE CONTRACT WITH EF JOHNSON/JVC KENWOOD FOR A PUBLIC SAFETY RADIO SYSTEM AND MISSION CRITICAL PARTNERS FOR PROJECT MANAGEMENT—WITHDRAWN Vice Chairman Wells moved that the Board authorize the County Administrator to execute contracts with EF Johnson/JVC Kenwood and Mission Critical Partners for procurement of a public safety radio system and related services finalizing negotiations as recommended by the communications negotiating committee. Supervisor Slaughter seconded the motion. Supervisor Dunn inquired if the two contracts could be in separate motions, He noted the Board had scheduled a closed session earlier in the day to discuss the matter, but the meeting did not occur. He reviewed his concerns about the Request for Proposals for the radio system and about the performance of Mission Critical Partners, Supervisor Dunn moved to amend the motion to separate the two contracts. Supervisor Graber seconded the motion. Supervisors McCarthy and Graber agreed that the radio system and project management contracts should be voted on separately, perhaps with new vendor options for project management. The motion to amend carried on a recorded vote as follows: Blaine P. Dunn Aye David D. Stegmaier Aye Shawn L.Graber Aye Robert W.Wells Aye Judith McCann-Slaughter Aye Charles S. DeHaven,Jr. No J. Douglas McCarthy Aye Supervisor McCarthy said the current problem could have been prevented if the Board members had been allowed to participate in the procurement process which he described as flawed. He blamed the Chairman for not allowing Board members to attend committee meetings during the process, Supervisor Wells clarified that he was not on the communications committee and had attended only two meetings in his role as the Public Safety Committee Chairman. He said that likewise, Public Safety Committee Member Supervisor Slaughter may have attended a couple of meetings but was not included in discussions or decisions. Supervisor Graber said he wants to know the total price of the radio system and how it will be paid for and cited concerns about the security of the system, the lack of involvement by the IT Minute Book 46 Board of Supervisors Closed Session and Regular Meeting of January 13,2021 County of Frederick,Virginia 212 committee in the procurement process, and the use of digital and/or analog technology. He said he doesn't like being bullied and is not getting his questions answered. Supervisor Dunn said the Board had agreed that agenda items would be provided to the administration office by the Wednesday before a meeting. He noted that EF Johnson has sent the County a letter threatening a lawsuit, and he is stunned to be asked to vote on this matter. He said the timing is wrong for action on this issue. Vice Chairman Wells said he has listened to the three members'concerns and has worked long and hard to do the right thing for the County. He cited concerns about procrastinating and not having a new radio system quickly, saying he wants to move the matter forward. He withdrew his motion to authorize the County Administrator to execute a contract. Supervisor Slaughter said the County has spent two years on the procurement process with chosen expert employees from many departments including fire and rescue;the sheriffs office; 911 dispatch; and the volunteer community. She said the experts designed the parameters of the request for proposals to ensure 95% coverage, She noted that the County has a procurement officer who guided the process as directed by the Code of Virginia and questioned how much longer the County should jeopardize the employees with the current radio system. Supervisor Graber questioned the procurement process saying not all bidders were allowed to compete. He opined that some staff did only the minimum to meet the requirements and suggested that adding to the County's debt is wrong. Supervisor Dunn said that getting answers to his questions will not delay process any longer than two months. + + + . . . + + + + + + + + COMMITTEE BUSINESS--CODE AND ORDINANCE COMMITEEE DRAFT ORDINANCES FORWARDED TO PUBLIC HEARING -APPROVED Supervisor McCarthy moved to forward the following three draft ordinances to public hearing; Ordinance re; Assessment of Court Costs for Courthouse Security— Proposed Increase per New Legislation; Ordinance re; Refunds of Incorrect Excess Payments of Business License Taxes; and Ordinance to Require Payment of Real Estate Taxes prior to Issuance of Business Minute Book 46 Board of Supervisors Closed Session and Regular Meeting of January 13,2021 County of Frederick,Virginia 213 License. Supervisor Graber seconded the motion which carried on a recorded vote as follows: Blaine P. Dunn Aye David D. Stegmaier Aye Shawn L.Graber Aye Robert W.Wells Aye Judith McCann-Slaughter Aye Charles S. DeHaven,Jr. Aye J. Douglas McCarthy Aye PUBLIC HEARINGS (NON PLANNING ISSUES) ORDINANCE, PURSUANT TO VIRGINIA CODE SECTION 15.2-1508, TO AUTHORIZE THE PAYMENT OF CERTAIN BONUSES TO EMPLOYEES OF THE COUNTY, OF AND AS ITS CONSTITUTIONAL OFFICERS, AND OF ENTITIES FOR WHICH THE COUNTY SERVES AS FISCAL AGENT WHOSE POSITIONS ARE CLASSIFIED AS VERY HIGH RISK FOR COVID-19 EXPOSURE OR HIGH RISK FOR COVID-19 EXPOSURE--APPROVED Mr.Tierney provided background on the proposed ordinance saying the General Assembly had mandated and funded a $500 bonus for certain employees (sheriffs, sheriff's deputies, jail superintendents and regional jail officers) whose salaries are funded by the State Compensation Board. He said staff had prepared two options: the first would authorize the payment of a bonus of $500 for each full-time employee while the second would authorize the payment of a $500 bonus only to each full-time employee in positions classified as Very High Risk for COVID-19 Exposure or High Risk for COVID-19 Exposure under the Virginia Department of Labor and Industry Standards,to be paid on or before March 31, 2021, Mr. Tierney noted that no reimbursement from the state will offset these expenses which would come from contingency funds. The Board and staff discussed the planned cost of living increase having been cut from the current budget because of the pandemic. Chairman DeHaven opened the public hearing, No one spoke. Chairman DeHaven closed the public hearing. Supervisor Slaughter moved that that the Board of Supervisors authorize payment of a monetary bonus of$500 each to all individuals who were, as of December 1, 2020, employed on a full-time basis by the County, or by or as the County's constitutional officers, or by entities for which the County serves as fiscal agent, and whose positions are classified as Very High exposure risk or High exposure risk, according to 16VAC25-220, Emergency Temporary Standard for Minute Book 46 Board of Supervisors Closed Session and Regular Meeting o f f anuary 13,2021 County of Frederick,Virginia 214 Infectious Disease Prevention: SARS-CoV-2 Virus That Causes COVID-19, said bonus to be payable on or before March 31, 2021, provided, however, that no person who received a bonus pursuant to the Ordinance enacted by the Board of Supervisors on December 9, 2020 shall be eligible for or receive a bonus pursuant to the terms of this Ordinance, Supervisor McCarthy seconded the motion which carried on a recorded vote as follows: Blaine P. Dunn Aye David D. Stegmaier Aye Shawn L.Graber Aye Robert W.Wells Aye Judith McCann-Slaughter Aye Charles S. DeHaven, Jr. Aye J. Douglas McCarthy Aye ORDINANCE January 13,2021 WHEREAS,in Chapter 56 of the Acts of 2020 Special Session 1,approved by the Governor on November 18,2020,the General Assembly,at Item 477,Section HH thereof, appropriated funds to provide sworn constitutional officers and their staffs,including sheriffs,sheriffs'deputies,regional jail superintendents and corrections officers,whose positions are funded by the Compensation Board,a one- time bonus payment of$500 each on December 1,2020;and WHEREAS,the Board of Supervisors,on December 9,2020, enacted an ordinance,pursuant to Virginia Code§ 15.2-1508,authorizing the County to pay the foregoing bonuses, to such individuals for whom the Commonwealth provided funding,who were so employed on December 1,2020;and WHEREAS,the Board of Supervisors desires that all other individuals who were,as of December 1,2020,employed on a full-time basis by the County,or by or as the County's constitutional officers,or by entities for which the County serves as fiscal agent, and whose positions are classified as Very High exposure risk or High exposure risk,according to 16VAC25-220,Emergency Temporary Standard for Infectious Disease Prevention: SARS-CoV-2 Virus That Causes COVID-19,receive a one- time bonus payment of$500 each; THEREFORE,be it hereby ordained that the Board of Supervisors authorizes payment of a monetary bonus of$500 each to all individuals who were,as of December 1,2020,employed on a full- time basis by the County,or by or as the County's constitutional officers,or by entities for which the County serves as fiscal agent,and whose positions are classified as Very Higb exposure risk or High exposure risk,according to 16VAC25-220,Emergency Temporary Standard for Infectious Disease Prevention: SARS-CoV-2 Virus That Causes COVID-19,said bonus to be payable on or before March 31, 2021,provided,however,that no person who received a bonus pursuant to the Ordinance enacted by the Board of Supervisors on December 9,2020 shall be eligible for or receive a bonus pursuant to the terms of this Ordinance. . * + + + + + . . . . . . . Supervisor Slaughter moved that that the Board of Supervisors authorize payment of a monetary bonus of$500 each to all individuals who were, as of December 1, 2020, employed on a full-time basis by the County, or by or as the County's constitutional officers, or by entities for which the County serves as fiscal agent, said bonus to be payable on or before March 31, 2021, provided, however, that no person who received a bonus pursuant to the Ordinance enacted by Minute Book 46 Board of Supervisors Closed Session and Regular Meeting o f January 13,2011 County of Frederick, Virginia 215 the Board of Supervisors on December 9, 2020 shall be eligible for or receive a bonus pursuant to the terms of this Ordinance. Supervisor Wells seconded the motion which failed on a recorded vote as follows: Blaine P. Dunn No David D. Stegmaier No Shawn L.Graber No Robert W.Wells No Judith McCann-Slaughter Aye Charles S. DeHaven,Jr. Aye J. Douglas McCarthy No Supervisor Dunn asked for clarification of the classes of employees who will be receiving the bonus under the motion that passed, . . . . . . . . . . . f + + PLANNING COMMISSION BUSINESS— PUBLIC HEAIRNGS ORDINANCE AMENDMENT TO THE FREDERICK COUNTY CODE, CHAPTER 165 ZONING, ARTICLE II SUPPLEMENTARY USE REGULATIONS; PARKING; BUFFERS;AND REGULATIONS FOR SPECIFIC USES; PART 204 ADDITIONAL REGULATIONS FOR SPECIFIC USES--BACKYARD CHICKENS --- DENIED Senior Planner Tyler Klein provided background on the citizen request for a text amendment allowing single-family detached (SFD) lots 15,000 square feet (SF, or 0.34-acres) or greater to have up to a maximum of six(6)chickens by-right. He said roosters, guinea fowl,turkeys and peacocks would be prohibited by this allowance and additionally, single-family attached lots (townhomes or duplexes), multi-family buildings, and lots less than 15,000 SF would be prohibited from keeping chickens. He said this amendment would also apply to lots of 15,000 SF or greater in the R4 (Residential Planned Community) and R5 (Residential Recreational Community)Zoning Districts as they also follow the RP District"Allowed Uses" list, Chairman DeHaven opened the public hearing. Laurie Logue, Opequon District, spoke in opposition to the ordinance citing concerns about workload on the current zoning staff and animal shelter staff, the landfill's capacity to handle extra j waste, salmonella cases, and costs in general. Laura Pierson, Opequon District, spoke in opposition to the ordinance citing concerns Minute Book 46 Board of Supervisors Closed Session and Regular Meeting of January 13,1021 County of Frederick,Virginia 216 about chickens in a residential area and costs to the county. Sherry Riley, Opequon District, spoke in favor of the ordinance saying she had first brought the issue forward three yeas ago and with the current pandemic, sustainability is even more important to county residents. Patti Solenburger, Shawnee District, spoke in favor of the ordinance saying the egg is the perfect food, chickens provide pest control, and raising chickens is a good hobby that generates income for local feed stores. Fred Riley, Opequon District, spoke in favor of the ordinance citing the education aspects of raising chickens and the advantage of having food during the pandemic. Barbara Burroughs, Opequon District, spoke in opposition to the ordinance citing concerns about odor and noise, predators, and lack of policing in older subdivisions. She added that the Planning Commission had recommended denial. Shannon Atkinson Ganoe, Back Creek District, spoke in favor of the ordinance citing the growing popularity of raising chickens during the pandemic and the number of surrounding localities that permit chickens. Chairman DeHaven closed the public hearing. Supervisor McCarthy moved for approval of the ordinance as presented. The motion died for lack of a second. Supervisor Graber moved for approval of the ordinance with the modification that the minimum lot size be one acre rather than 15,000 square feet, and Supervisor McCarthy seconded the motion, Supervisor Dunn said he would have supported the ordinance if a one-year trial period had been a possibility. Supervisor Stegmaier said he could not support the motion at this time without communicating with his constituents. Vice Chairman Wells said he wished a one-year pilot program had been an option, Supervisor McCarthy said raising chickens in a residential area can be done correctly and comes down to personal responsibility. He noted that dogs also can cause problems for neighbors if the owners are not responsible. He added that many other localities have successfully enacted an ordinance permitting chickens. Minute Book 46 Board of Supervisors Closed Session and Regular Meeting o fjanuary 13,1021 County of Frederick,Virginia 217 The motion failed on the following recorded vote: Blaine P. Dunn No David D. Stegmaier No Shawn L. Graber Aye Robert W.Wells Aye Judith McCann-Slaughter No Charles S. DeHaven,Jr. No J. Douglas McCarthy Aye + f + + + + + + * + + + . . ORDINANCE AMENDMENT TO THE FREDERICK COUNTY CODE, CHAPTER 165 ZONING REVISIONS TO THE FREDERICK COUNTY ZONING ORDINANCE ON REQUIRED CHANGES TO THE FP(FLOODPLAIN DISTRICTS)ARTICLE VII OVERLAY DISTRICTS -APPROVED Ms, Perkins reviewed the previous discussion saying that Frederick County will have updated Flood Insurance Rate Maps that are effective January 29,2021, and revisions to Chapter 165, Part 702 are required per DCR to meet the minimum regulatory standards required in a fully compliant floodplain ordinance. She said staff has prepared revisions to Part 702 of the Frederick County Zoning Ordinance, Floodplain Districts as shown in DCR's Model Ordinance. She said Flood Insurance Rate Maps are the official community maps that show special flood hazard areas, and the risk premium zones and flood mapping is an important part of the National Flood Insurance Program (NFIP), as it is the basis of the NFIP regulations and flood insurance requirements. She concluded saying flood insurance is a separate policy that can cover buildings, the contents in a building, or both, and as a participating community in the National Flood Insurance Program (NFIP), Frederick County is responsible for making sure that its floodplain management regulations meet or exceed the minimum requirements of the NFIP and the Commonwealth of Virginia. She added if Frederick County's floodplain ordinance does not meet the minimum requirements, FEMA would not offer flood insurance, and when any changes are made orwhen Flood Insurance Rate Maps(FIRMS)are updated,community floodplain management ordinances also must be revised and updated accordingly. Chairman DeHaven opened the public hearing. No one spoke. Chairman DeHaven closed the public hearing. Supervisor McCarthy moved for approval of Ordinance Amendment to the Frederick County Code, Chapter 165 Zoning, Revisions to the Frederick County Zoning Ordinance on Required Changes to the FP (Floodplain Districts) Article VII Overlay Districts, Vice Chairman Wells Minute Book 46 Board o f Supervisors Closed Session and Regular Meeting o f January 13,2021 County of Frederick, Virginia 218 seconded the motion which carried on a recorded vote as follows: Blaine P. Dunn Aye David D. Stegmaier Aye Shawn L. Graber Aye Robert W.Wells Aye Judith McCann-Slaughter Aye Charles S. DeHaven, Jr. Aye J. Douglas McCarthy Aye AN ORDINANCE AMENDING THE FREDERICK COUNTY CODE CHAPTER t 65 ZONING ARTICLE VII OVERLAY DISTRICTS-PART 702—FP FLOODPLAIN DISTRICTS §165-702,01. — STATUTORY AUTHORIZATION AND PURPOSE; §165-702.02. -APPLICABILITY; §165.702.03. COMPLIANCE AND LIABILITY; §165-702.04. RECORDS; §165-702.05. ABROGATION AND GREATER RESTRICTIONS; §165-702.06. SEVERABILITY; §165-702.07. ADMINISTRATION; §165-702.08 JURISDICTIONAL BOUNDARY CHANGES; §165-702.09. SUBMITTING MODEL BACKED TECHNICAL DATA, §165-702.10.LETTER OF MAP REVISION; §165-702.11 DESCRIPTION OF SPECIAL FLOOD HAZARD DISTRICTS; §165-702.12. OVERLAY CONCEPT; §165-702.13. FLOOD INSURANCE RATE MAP; §165-702.14. DISTRICT BOUNDARY CHANGES; §165-702.15. INTERPRETATION OF DISTRICT BOUNDARIES; §165-702.16. PERMIT AND APPLICATION REQUIREMENTS; §165-702.17. GENERAL STANDARDS; §165-702.18. ELEVATION AND CONSTRUCTION STANDARDS; §165-702.19. STANDARDS FOR SUBDIVISION PROPOSALS; §165-702.20. EXISTING STRUCTURES IN FLOODPLAIN AREAS; §165-702.21. FACTORS TO BE CONSIDERED IN GRANTING VARIANCES §165-702.22. PENALTIES FOR VIOLATIONS. ARTICLE I GENERAL PROVISION,AMENDMENTS AND CONDITIONAL USE PERMITS PART 101 —GENERAL PROVISIONS,§165-101.02.DEFINITIONS AND WORD USAGE WHEREAS,On January 29,2021 Frederick County will have updated Flood Insurance Rate Maps(FIRMS) from the Federal Emergency Management Agency(FEMA). As a participating community in the National Flood Insurance Program (NFIP), Frederick County is responsible for making sure that its floodplain management regulations meet or exceed the minimum requirements of the NFIP and the Commonwealth of Virginia;and WHEREAS this ordinance amendment would result in changes to Chapter 165, Zoning, Part 702 — FP Floodplain Districts and Part 101 Definitions to remain compliant with the regulations necessary to continue participating in the National Flood Insurance Program(NFIP);and WHEREAS, The Development Review and Regulation Committee (DRRC) reviewed the proposed changes at their November 23,2020 meeting; and WHEREAS, the Planning Commission discussed the proposed changes at their regularly scheduled meeting on December 2,2020 and agreed with the proposed changes;and WHEREAS,the Board of Supervisors discussed the proposed changes at their regularly scheduled meeting on December 9,2020 and sent the amendment forward for public hearing;and WHEREAS,the Planning Commission held a public hearing on this ordinance amendment on December 17,2020 and recommended approval; and Minute Book 46 Board of Supervisors Closed Session and Regular Meeting of January 13,2021 County of Frederick,Virginia 219 i WHEREAS,the Board of Supervisors held a public hearing on this ordinance amendment on January 13, 2021; and WHEREAS, the Frederick County Board of Supervisors finds that the adoption of this ordinance to be in the best interest of the public health,safety,welfare and in good zoning practice; and NOW,THEREFORE,BE IT ORDAINED by the Frederick County Board of Supervisors that Chapter 165 Zoning, is amended to modify OVERLAY DISTRICTS -PART 702—FP FLOODPLAIN DISTRICTS 165-702.01. — STATUTORY AUTHORIZATION AND PURPOSE; §165-702.02. -APPLICABILITY; §165.702.03. COMPLIANCE AND LIABILITY; §165-702.04. RECORDS; §165-702.05. ABROGATION AND GREATER RESTRICTIONS; §165-702.06. SEVERABILITY; §165-702.07. ADMINISTRATION; §165-702.08 JURISDICTIONAL BOUNDARY CHANGES; §165-702.09. SUBMITTING MODEL BACKED TECHNICAL DATA, §165-702.10. LETTER OF MAP REVISION; §165-702.11 DESCRIPTION OF SPECIAL FLOOD HAZARD DISTRICTS; §165-702.12. OVERLAY CONCEPT; §165-702.13. FLOOD INSURANCE RATE MAP; §165-702.14. DISTRICT BOUNDARY CHANGES; §165-702.15. INTERPRETATION OF DISTRICT BOUNDARIES; §165-70116. PERMIT AND APPLICATION REQUIREMENTS; §165-702.17, GENERAL STANDARDS; §165-702.18. ELEVATION AND CONSTRUCTION STANDARDS; §165-702.19. STANDARDS FOR SUBDIVISION PROPOSALS; §165-702.20. EXISTING STRUCTURES 1N FLOODPLAIN AREAS; §165-702.21. FACTORS TO BE CONSIDERED IN GRANTING VARIANCES §165-702.22. PENALTIES FOR VIOLATIONS. ARTICLE I GENERAL PROVISION, AMENDMENTS AND CONDITIONAL USE PERMITS PART 101 —GENERAL PROVISIONS, §165-101.02. DEFINITIONS AND WORD USAGE. These amendments to the floodplain overlay district and definitions are necessary to remain compliant with the regulations required to continue participating in the National Flood Insurance Program(NFIP). . + + + + + + + + + * * + + BOARD LIAISON REPORTS—None CITIZEN COMMENTS Barbara Jean Burroughs, Opequon District, thanked the Board for serving and read a statement condemning the recent violence at the U. S. Capitol urging the federal government to pursue those responsible. La Tasha Do'zia of Stephens City addressed the Board regarding the lack of recognition for the Juneteenth holiday and asked that they revisit this policy, She said the African American community has celebrated the Juneteenth holiday since 1965. Minute Book 46 Board of Supervisors Closed Session and Regular Meeting o f Junuary 13,2021 County of Frederick,Virginia 220 Rebecca Lewis, Back Creek District, said she is the Chair of the political action committee of the local NAACP. She noted the Black community's long recognition of Juneteenth in celebration of the end of slavery as well as the growing embrace of the holiday nationally. Christine Stevens of Stephens City said that Juneteenth is an American holiday, an important part of history, and should be celebrated. She questioned how an all-white Board could decide that a holiday is not worth celebrating in Frederick County saying the action dismisses the experiences of Black people. She asked that the holiday be added to the County calendar to be recognized and celebrated. Brian Nuri, Opequon District, said the Winchester Star reported that Frederick County declined to add the Juneteenth holiday. He reviewed the history of emancipated peoples settling in the local area during Reconstruction and asked that the Board reconsider the decision regarding recognizing the holiday. Shannon Atkinson Ganoe, Back Creek District, said she is the Chair of First Night Winchester which celebrates the diversity of the community. She said the Board's decision not to recognize Juneteenth is not recognizing the diversity of the community. BOARD OF SUPERVISORS COMMENTS Vice Chairman Wells clarified that the motion about the holiday at the last meeting was to change the name of the recognized Juneteenth holiday to Emancipation Day, He said the County celebrated the holiday in 2020 and the County's policy has been to observe state and federal holidays. Chairman DeHaven suggested sending direction to the Human Resources Committee regarding removing the list of holidays and leaving only the reference to following the State holidays. Supervisor McCarthy said there was a miscommunication and the motion at the last meeting was not in reference to changing the holiday's name, noting that the Board needs to communicate better. He said concerns at the Human Resources Committee meeting centered on whether the holiday should be paid County holiday for staff. He encouraged further discussion of Minute Book 46 Board of Supervisors Closed Session and Regular Meeting o f f anuary 13,2021 County of Frederick,Virginia 221 the County's holidays. Supervisor Slaughter clarified her understanding of the motion made at the previous meeting saying she was not in favor of changing the name of the Juneteenth holiday. She said the holiday had been observed this year, and the County policy states the County will observe the state holidays, Supervisor Dunn said he will attend the town hall meeting hosted by Supervisor McCarthy and reviewed his thought process on the Juneteenth holiday, noting his concerns about the historical accuracy of the holiday. Supervisor Dunn said he will write a letter to his fellow Board members regarding the public safety radio system procurement. Supervisor Graber noted Law Enforcement Appreciation Day and thanked all those who serve. Supervisor Graber referenced an email regarding one-on-one meetings between the members of the School Board and their counterparts on the Board of Supervisors. He inquired about the origin of the plan for such meetings rather than a joint meeting saying he was not in favor of an unelected bureaucrat such as the Superintendent, making decisions without the input of the elected Board members. Supervisor Stegmaier discussed the need for handling of issues in a sensitive way. He f thanked Supervisor McCarthy for his discussion with the president of the NAACP. He discussed the handling of sensitive items in a superficial way such as the General Assembly waiting until the last minute and hastily approving the Juneteenth holiday, He referenced a letter from a constituent regarding the recent violence at the U.S. Capitol saying there is no place in our lives for violence. Supervisor Graber asked for clarification regarding committee assignments suggesting that he had been snubbed by the Chairman last year in reference to the committees on which he wished to serve, He referenced Supervisor Stegmaier's remark earlier in the meeting about thinking that he has been appointed to the Human Resources Committee saying it appears that underhanded activity is going on. Chairman DeHaven took exception with the previous remark adding that he is working on committee assignments and has not yet shared new assignments with anyone. Supervisor Graber referenced the email about the one-on-one meetings and suggested Minute Book 46 Board of Supervisors Closed Session and Regular Meeting of January 13,2021 County of Frederick,Virginia 222 that he and the Chairman could discuss the matter at a later time. Supervisor McCarthy addressed Supervisor Graber saying he has respect for Supervisor Graber. He suggested that accusing others of being underhanded rather than first asking about perceived unequal treatment is not constructive. Chairman DeHaven said a constituent has requested that the DRRC be requested to discuss adding boat repair as an option for a conditional use permit in the RA district, He said the definition would need to be reviewed. By consensus, the Board agreed. ADJOURN On motion of Vice Chairman Wells, seconded by Supervisor McCarthy, the meeting was adjourned at 1014 p.m. Charles S. DeHaven, Jr. Kris C.Tierney Chairman, Board of Supervisors Clerk, Board of Supervisors Minutes Prepared By: Ann W. Phillips Deputy Clerk, Board of Supervisors Minute Book 46 Board of Supervisors Closed Session and Regular Meeting o f January 13,2021 County of Frederick,Virginia 223 Board of Supervisors Minutes of January 13, 2021 - Appendix 1 CODE& ORDINANCE COMMITTEE REPORT to the BOARD OF SUPERVISORS Tuesday,December 8,2020 3:00 p.m. 107 NORTH KENT STREET,WINCHESTER,VIRGINIA ATTENDEES: Committee Members Present: J. Douglas McCarthy, Chair;Blaine P.Dunn; Stephen Butler,and Derek Aston Committee Members Absent: James Drown Staff Present: Roderick B.Williams, County Attorney;Jay E. Tibbs,Deputy County Administrator; Kathryn Corbit, Chief Admin for the Business Division, Commissioner of the Revenue's Office. ITEMS FOR BOARD OF SUPERVISORS ACTION: 1. Proposed Revision to Frederick County Code, Chapter 155 Taxation,Article IX Assessment of Court Costs for Courthouse Security, §155-46 Fee Imposed; collection; use. Mr. Williams reviewed the proposed.revision. The General Assembly during its 2020 Regular Session passed legislation increasing the courthouse security fee that localities may impose as part of the court costs in each criminal case in which a defendant is convicted of a violation of any statute or ordinance. The proposed ordinance would increase the current $10 fee to $20. The Clerk of the Circuit Court requested consideration of this fee increase. Upon a motion by Mr. Aston, seconded by Mr. Butler, the Code and Ordinance Committee forwarded the proposed ordinance amendment to the Board of Supervisors for public hearing with a recommendation of approval. The motion was unanimously approved. 2. Proposed revision to Frederick County Code, Chapter 155,Taxation,Article XVI Business License Provisions, 5155-85 Proration of tax. Mr. Williams reviewed the proposed revision to Chapter 155,Taxation,The General Assembly during its 2020 Regular Session passed legislation permitting a local governing body to authorize the locality's treasurer to issue any refund up to $5,000 as a result of an erroneous tax assessment. The legislation increased the amount from$2,500 to $5,000, For any refund above$5,000, the governing body must approve the refund. The proposed amendment would confirm that the authority for such refunds extends to refunds of business license taxes. Upon a motion by Mr. Butler, seconded by Mr. Dunn, the Code and Ordinance Committee forwarded the proposed ordinance amendment to the Board of Supervisors for public hearing with a recommendation of approval. The motion was unanimously approved. Minute Book 46 Board of Supervisors Closed Session and Regular Meeting o f f anunry 13,2021 County of Frederick,Virginia 224 3. Proposed revision to Frederick County Code, Chapter 155,Taxation,Article XVI Business License Provisions, §155-110 Violations and penalties. Mr. Williams reviewed the proposed revision to Chapter 155,Taxation, The General Assembly during its 2012 Regular Session passed legislation permitting a locality to required that no business license shall be issued to an applicant therefor until that person has produced satisfactory evidence that all delinquent business license,real estate,personal property,meals, transient occupancy,severance,and admissions taxes owed by the business to the locality have been paid which have been properly assessed against the applicant by the locality. Upon a motion by Mr. Dunn,seconded by Mr. Butler, the Code and Ordinance Committee forwarded the proposed ordinance amendment to the Board of Supervisors for public hearing with a recommendation of approval. The motion was unanimously approved. There being no further business, the meeting was adjourned at 3:25 p.m. Minute Book 46 Board of Supervisors Closed Session and Regular Meeting of January 13,2021 County of Frederick, Virginia - T .w 225 Board of Supervisors Minutes of January 13, 2021 -Appendix 2 HUMAN RESOURCES COMMITTEE REPORTTO THE BOARD OF SUPERVISORS Friday, December 11,2020 9:00 a.m. 107 NORTH KENT STREET,WINCHESTER,VIRGINIA A Human Resources Committee meeting was held in the First Floor Boardroom at 107 North Kent Street on Friday, December 11,2020,at 9:00 a.m. ATTENDEES: Committee Members Present: Blaine Dunn,Chairman; Don Butler; Beth Lewin; Kim McDonald and Robert(Bob)Wells Staff present: Michael Marciano, Human Resources Director; Kris Tierney, County Administrator;Jay Tibbs, Deputy County Administrator; Rod Williams,County Attorney; Missi Neal, Purchasing Manager; Delsie Jobe, Department of Social Services(DSS)Administrative Services Manager;Catalina Bos, DSS Benefit Program Supervisor;and DeLois Blevins, Human Resources Manager. ITEM REQUIRING ACTION BY BOARD OF SUPERVISORS 1, Catalina Bas, DSS Benefit Program Supervisor,submitted a nomination for Employee of the Month for BJ Dove(Exhibit B). Don Butler moved to approve the nomination and Kim McDonald seconded the motion. The committee recommends approval of BJ Dove the December 2020 Employee of the Month. ITEM FOR INFORMATION PURPOSES ONLY 1. Classification and Compensation Study Budget Request(Exhibit A). Michael Marciano, Director of Human Resources, and Missi Neal, Purchasing Manager,brought a request to the committee for approval of a Classification and Compensation Study for Frederick County, DSS and Frederick County Public School (Non-Instructional Staff)to be included in the HR Department's FY21/22 budget request. i Don Butler made a motion to support the Human Resources Department's request that its FY 2021/2022 budget include$125,000 to cover the cost of the survey. Beth Lewin seconded the motion, and the committee recommends inclusion. Respectfully submitted, HUMAN RESOURCES COMMITTEE Blaine Dunn,Chairman Don Butler Beth Lewin Doug McCarthy Kim McDonald Robert(Bob)Wells By Michael J. Marciano, Director of Human Resources Minute Book 46 i Board of Supervisors Closed Session and Regular Meeting of January 13,2021 County of Frederick, Virginia