March 24 2021 Closed Session and Regular Meeting Minutes 311
MINUTES
CLOSED SESSION AND REGULAR MEETING
FREDERICK COUNTY BOARD OF SUPERVISORS
WEDNESDAY, MARCH 24,2021
6:00 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; Candice Perkins, Assistant Director of
Planning; Mike Marciano, Director of Human Resources; Steve Majchrzak, Fire Chief; Karen
Vacchlo, Public Information Officer; Cheryl Shiffler, Director of Finance; Jennifer Place, Risk
Manager/Budget Analyst; Scott Varner, Director of Information Technologies; Tamara Perez,
Director of Emergency Communications; Clay Corbin, NRADC Interim Superintendent; and Ann
W, Phillips, Deputy Clerk to the Board of Supervisors.
CALF,TQ ORDER
Chairman DeHaven called the meeting to order at 6:00 p.m,
I N
Vice Chairman Wells moved that the Board of 'Supervisors of Frederick County enter a
closed session pursuant to (1) Virginia Code Sec. 2.2-3711(A)(3) for discussion of the disposition
of publicly held real property, 441 Linden Drive, in the City of Winchester, where discussion in an
open meeting would adversely affect the bargaining position or negotiating strategy of the public
body, and (2) pursuant to Virginia Code Sec. 2,2-3711(A)(1) for discussion or consideration of
prospective candidates for employment as Interim County Administrator and as County
Administrator, and pursuant to Virginia Code Sec. 2.2-3711(A)(29)for discussion of the award of a
public contract involving the expenditure of public funds, specifically regarding the award of a
contract for consulting services related to the retention of a County Administrator,where discussion
1
r
Minute Oook 46
Board of Supervisors Closed Session SPE Regular Meeting of March 24, 2021
County of Frederick, Virginia
312
in an open session would adversely affect the bargaining position or negotiating strategy of the
public body. Supervisor McCarthy seconded the motion which carried on a voice vote.
At 6:55 p,m.,the Board members being assembled within the designated meeting place in
the presence of members of the public and the media desiring to attend, the meeting was
reconvened on motion of Vice Chairman Wells,seconded by Supervisor McCarthy and carrying on
a voice vote. Vice Chairman Wells moved that the Board of Supervisors of Frederick County certify
that, to the best of each member's knowledge, (i) only public business matters lawfully exempted
from open meeting requirements by Virginia law were discussed in the closed meeting to which
this certification applies, and (ii) only such public business matters as were identified in the motion
convening the closed meeting were heard, discussed, or considered by the Board. Supervisor
McCarthy seconded the motion which carried as follows on a recorded vote:
Blaine P. Dunn Aye David D. Stegmaler Aye
Shawn L, Graber Aye Robert W.Wells Aye
J. Douglas McCarthy Aye Charles S. DeHaven, Jr. Aye
Judith McCann-Slaughter Aye
RECESS
At 6:56 p.m., Chairman DeHaven recessed the meeting.
CALL TO ORDER
Chairman DeHaven called the meeting to order at 7:O0 p.m.
INVO ATIO_N
Vice Chairman Wells delivered the invocation.
PLEDGE OF ALLEGIANCE
Vice Chairman Wells led the Pledge of Allegiance.
ADOPTION OF AGENDA—APPROVED
Upon motion of Supervisor McCarthy, seconded by Supervisor Dunn, the agenda was
adopted as amended on the following recorded vote:
Minute Book 46 l
Board of Supervisors Closed Session&Regular Meeting of March 24,1021
County of Frederick, Virginia
313
Blaine P. Dunn Aye David D.Stegmaier Aye
Shawn L. Graber Aye Robert W.Wells Aye
J. Douglas McCarthy Aye Charles S. DeHaven,Jr. Aye
Judith McCann-Slaughter Aye
CITIZEN COMMENTS- None
ADOPTION GP CONSENT AGENDA—APPROVED
Supervisor Slaughter moved for adoption of the consent agenda as presented. The motion
was seconded by Supervisor McCarthy and carried on a recorded vote as follows:
Blaine P. Dunn Aye David D. Stegmaler Aye
Shawn L. Graber Aye Robert W.Wells Aye
J. Douglas McCarthy Aye Charles S. DeHaven, Jr. Aye
Judith McCann-Slaughter Aye
- Minutes of Regular Meeting of March 10, 2021 -CONSENT AGENDA APPROVAL
- Parks and Recreation Commission Report of March 9, 2021_-CONSENT AGENDA APPROVAL,
Appendix 1
-Human_Resources Committee Report of„March 12 2021 - CONSENT AGENDA APPROVAL,
-- - -Appgndix 2 --
- Resolution Proclaimin National Telecommunicators Week- CONSENT AGENDA APPROVAL,
RESOLUITON PROCLAMING
NATIONAL TELECOMMUNICATOR°S WEEK,
FREDERICK COUNTY,VIRMIA
APRIL, i I.17,2021
WHEREAS, emergencies can occur at ally time that rsquire police, fire or emergency xnedieal
services; and
WHEREAS, when an emergency occurs,the prompt response of police officers, firefighters and
paramedics is critical to the protection of life and preservation of property; and
WHEREAS, the safety of our police officers and firefighters is dependent upon the quality and
accuracy of information obtained from citizens who telephone the Frederick County Department of Public
Safety Communications Center;and
WHEREAS,Public Safety Dispatchers are the first and most critical contact our citizens have with
emergency services; and
WHEREAS, Public Safety Dispatchers are the single vital link for our police officers and
firefighters by monitoring their activities by radio,providing them information,and ensuring their safety;
and
WHEREAS, Public Safety Dispatchers of Frederick County, 'Virginia have contributed
Minute Book 46
Board of Supervisors Closed Session&Regular Meeting of March 24, 2021
County of Frederick, Virginia
314
substantially to the apprehension of criminals,suppression of fires and treatment of patients;and
WHEREAS,each dispatcher has exhibited compassion,understanding and professionalism during
the performance of their job in the past year.
NOW THEREOFRE BE IT RESOLVED that the Board of Supervisors of Frederick County,
Virginia does hereby proclaim the week of April 1 1-17,2021 to be National Telecommunicator's Week in
Frederick County,in honor of the men and women whose diligence and professionalism keep our county
and citizens safe.
. + + + . . + . + k + + + .
BOARD OF SUPERVISORS COMMENTS
Supervisor Dunn delivered remarks in reference to a School Board member stating that
members of the Board of Supervisors had attended an illegal meeting. He said this is a false
accusation.
COUNTY OFFICIALS
COMMITTEE APPOINTMENTS
ROBERT S. MOLDEN REAPPOINTED TO THE PLANNING COMMISSION—APPROVED
Vice Chairman Wells moved to reappoint Robert S. Molden to a four-year term ending April
7, 2025, as Opequon District Representative on the Planning Commission. Supervisor McCarthy
seconded the motion which carried on a voice vote.
TOM SIMON REAPPOINTED TO THE FREDERICK WATER BOARD—APPROVED
Vice Chairman Wells moved to reappoint Tom Simon as a Frederick County
Representative to a four-year term ending April 15, 2025, on the Frederick Water Board of
Directors. Supervisor McCarthy seconded the motion which carried on a voice vote.
KELLEY LUCKETT APPOINTED TO THE SOCIAL SERVICES BOARD—APPROVED
Supervisor Dunn moved to appoint Kelley Luckett to a four-year term ending March 24,
2025, as Red Bud District Representative on the Social Services Board. Supervisor McCarthy
seconded the motion which carried on a voice vote,
Minute Book 46
Board of Supervisors Closed Session&Regular Meeting of March 24, 2021
County of Frederick, Virginia
315
DOUG RINKER APPOINTED TO SERVE IN THE GRIEVANCE PANEL POOL—APPROVED
Supervisor Slaughter moved to appoint Doug Rinker to serve in the Grievance Panel Pool,
Supervisor Stegmaler seconded the motion which carried on a voice vote.
JOINT MEETING WITH THE SCHOOL BOARD- DISCUSSED
By consensus, the Board agreed to offer to host the School Board for a joint meeting on
March 31, 2021, at 1:00 p,m,
LETTER TO GOVERNOR IN SUPPORT OF HB 2322/SB 1469 REGARDING ESTABLISHMENT
OF THE OPIOID ABATEMENT AUTHORITY-APPROVED
Supervisor Graber said he could not support the proposed letter as written in that the
ongoing parallel litigation was penalizing the companies which provide life-saving drugs rather than
the drug distributers.
Supervisor McCarthy moved that the Board approve sending the proposed letter in support
of HB 2322 1 SB 1469 regarding establishment of the Opiold Abatement Authority. Supervisor
Slaughter seconded the motion.
Supervisor McCarthy and County Attorney Williams clarified that the legislation In question i
is not related to other litigation but that if any funds are awarded,this legislation would address how
those funds are distributed at the local and state levels,
Supervisor Dunn and County Attorney Williams discussed the level of bureaucracy needed
to carry out the legislation establishing the Opiold Abatement Authority.
The motion for approval of sending the letter of support carried on a recorded vote as
follows:
Blaine P. Dunn No David D. Stegmaier Aye
Shawn L. Graber No Robert W.Wells Aye
J. Douglas McCarthy Aye Charles S. DeHaven, Jr. Aye
Judith McCann-Slaughter Aye
Minute Book 46
Board of Supervisors dosed Session&Regular Meeting of March 24, 2021
County of Frederick, Virginio
316
COMMITTEE BUSINESS
i
FLIGHTLINE SERVICES SUPERVISOR POSITION CREATION—APPROVED
Vice Chairman Wells moved to create a Flightline Services Supervisor Position.
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
J. Douglas McCarthy Aye Charles S. DeHaven,Jr. Aye
Judith McCann-Slaughter Aye
GRIEVANCE POLICY UPDATE--APPROVED
i
Vice Chairman Wells moved for approval of a changes to Frederick County Human i
Resources Policy 12.3(f) —Grievance Procedure to provide guidance for future grievance panels
with the following modification to the policy: "The panel's decision can affirm, reverse or modify the
discipline that is being grieved, 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
J. Douglas McCarthy Aye Charles S. DeHaven,Jr. Aye
Judith McCann-Slaughter Aye
BALLOT INITIATIVE FOR INDOOR AQUATICS FACILITY — WITHDRAWN FROM THE
AGENDA AT THE REQUEST OF THE PARKS AND RECREATION COMMISSION
By consensus,the Board agreed to schedule a work session with the Parks and Recreation
Commission at a later date,
+ + + + + + . . . . . . + .
PUBLIC HEARINGS NON-PLANNING ISSUES
FISCAL YEAR 2021.2022 BUDGET
The County Administrator presented an overview of the proposed FY 21-22 budget.
I
Minute Book 45
Board of Supervisors Closed Session&Regular Meeting of March 24,2021
County of Frederick, Virginia
317
Chairman DeHaven opened the public hearing. The speakers were as follows:
Mike Elwell, Executive Director of the Northwestern Community Services Board,
reviewed the services offered by his organization and requested a 2.5% increase in funding for the
next fiscal year.
Tim Coyne of the Public Defender's Office reviewed the services provided by his office
and explained the disparity in salaries between those in his office and those in the office of the
Commonwealth's Attorney, He requested funding from the County in proportion to the County-
related caseload in his office.
Leigh Ann Sweeney and Dr. Colin Greene of the Lord Fairfax Health District reviewed
the services of the Health District staff during the pandemic and requested a 5% increase in
funding.
Lauren Cummings of the Northern Shenandoah Valley Substance Abuse Coalition
reviewed the programs offered by the Coalition noting the increase in overdoses during the
pandemic, She thanked the Board for the support given to the Coalition,
Bryan Nuri, Opequon District, noted the absence of Supervisor Graber at a recent
budget work session and suggested that he abstain from voting on the budget.
John Wright, Red Bud District resident and president of the Frederick County
Firefighters' Association, spoke in favor of the current budget proposal saying that adequate
staffing is important. He asked the Board to continue assisting the volunteer companies with costs,
Angie White, Gainesboro District, spoke in favor of the Board fully funding the School
Board's adopted budget and stressed the importance of early childhood education.
Shaniqua Williams, Shawnee District resident and president of the Frederick County
Education Association, spoke in favor the School Board's advertised budget,
Jeri Swogger, Gainesboro District, spoke in favor of the full funding of the School
board's requested budget citing concerns for the undercutting of school and public safety budgets.
Katie Bocher, employee of Frederick County Public Schools, said she is proud of Dr.
Sovine and the school system and asked that the Board fully fund the School Board's budget.
Minute Book 46
Board of Supervisors Closed Session&Regular Meeting of March 24, 20.21
County of Frederick, Virginia
318
Michael Nutry, Opequon District, spoke in favor of school system equity programs
such as Project Search which benefited his son by matching him with employment at Winchester
Medical Center.
Brendan Nutry, Opequon District, spoke in favor of the school system's equity
programs such as Project Search which he said benefitted him and helped him find his current job.
Jennifer Hall, Shawnee District resident and representative of United Way of
Shenandoah Valley, spoke in favor of funding the schools' requested budget citing the importance
of the preschool program.
Craig Archer, Red Bud District, spoke about the value of schools and the importance
of equity programs to address those with special needs.
David Sovine, Red Bud District resident and Superintendent of Frederick County
Public Schools, spoke in favor of fully funding the budget adopted by the School Board.
Shontya Washington, Red Bud District resident and School Board member, said the
Board has heard the concern of the constituents and asked that the School Board's budget be
funded as adopted,
Chairman DeHaven closed the public hearing.
+ . + k + + . . . . . . . .
PLANNING COMMISSION BUSINESS- PUBLIC HEARINGS- None
PLANNING COMMISSION BUSINESS -OTHER PLANNING BUSINESS- None
BOARD LIAISON REPORTS
Supervisor Stegmaier provided brief updates on the Handley Regional Library Board, the
Social Services Board, and the Planning Commission.
Minute Book 46
Board of Supervisors Closed Session&Regular Meeting of March 14,2021
County of Frederick, Virginia
319
CITIZEN COMMENTS
David Sovine, Red Bud District resident and Superintendent of Frederick County Public
Schools, noted the attention given to the Schools' Equity Initiative and its role as the Division works
toward its School Board approved strategic plan and the creation of a more inclusive learning
community.
Stacia Moorefield, Opequon District,said she is a physical education teacher at R, E,Aylor
Middle School and asked the Board to support the students when considering their vote on the
proposed budget.
Jennifer Hall, Shawnee District, said she had been disheartened by some recent
comments from Board members in the newspaper and on social media. She listed the Board's
adopted core beliefs and values as found on the county website.
BOARD OF SUPERVISORS COMMENTS
Supervisor Dunn commented on the history of the County's financial contribution to the
school system, starting teacher salaries compared to those in surrounding localities, County
population growth in relation to County budget growth, and the need for a new revenue source to
fund the budget.
Supervisor Graber discussed earlier comments about his meeting attendance and reviewed
his requests for budget information from the School Board, adding that he is still waiting for answers
to his questions. He said with a lack of information provided, a categorially funded budget is the
only option that will allow the Board to control where and how funds are spent by the school system
and ensure that maintenance and safety issues are being addressed.
Vice Chairman Wells noted the Board's earlier discussion about adding the Juneteenth
holiday. He suggested the question be returned to the Human Resources Committee for review and
recommendation to the full Board in advance of the approaching holiday, and by consensus, the
Board agreed.
3
Minute Book 46
Board of Supervisors Closed Session&Regular Meeting of March 24, 2421
County of Frederick Virginia
320
ADJOURN
On motion of Vice Chairman Wells, seconded by Supervisor McCarthy, the meeting was
adjourned at 9;00 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
I
it
Minute Book 46
Board of Supervisors Closed Session&Regular Meeting of March 24, 2021
County of Frederick, Virginia
321
i
Board of Supervisors Meeting Minutes of March 24 - Appendix 1
PARKS AND RECREATION COMMISSION REPORT to the BOARD OF SUPERVISORS
Wednesday March 24, 2021
7:00 p.m.
107 NORTH KENT STREET,WINCHESTER,VIRGINIA
f
To: Jay Tibbs, Deputy County Administrator for Human Services
From, Jason L, Robertson, Director, Parks& Recreation Dept.
Date; March 15, 2021
Subject: Parks and Recreation Commission Action
3
The Parks and Recreation Commission met on March 9, 2021. Members present were; Guss
Morrison, Gary Longerbeam, Ronald Madagan, Randy Carter, Charles Sandy,Jr., Dennis
Grubbs. Non-voting Board Liaison, Mr. Robert Wells.
Members absent were: Natalie Gerometta, Amy Strosnider
ITEMS RECIUIRING ACTION BY BOARD OF SUPERVISORS:
1. Mr, Grubbs made a motion to move a recommendation of the Parks and Recreation
Commission that the Board of Supervisors adopt a resolution to pursue a ballot
initiative to use General Obligation bonds in the maximum principal amount of
$19,500,000 to finance, in whole or in part,the costs of the acquisition, construction,
equipping, and furnishing of a new Indoor Aquatics Facility in the County, seconded by
Mr. Carter, carried unanimously(6-0), (Attachment 1).
ITEMS SUBMITTED FOR INFORMATION ONLY
1, The Committee made a motion to accept the Aquatics Master Plan as presented,
seconded by Mr. Madagan, carried unanimously(6-0). (Attachment 2),
2. The Committee made a motion to recommend staff pursue two grant opportunities
offered through AARP;one for a fishing pier at Lakeside Lake,the other for outdoor
movie equipment seconded by Mr.Sandy,carried unanimously(6-0). This
recommendation will be forwarded to the Finance Committee prior to requiring Board
of Supervisor action.
3. The Committee made a motion to accept updates to the Parks and Recreation section
of the 2040 Frederick County Comprehensive Plan as provided,seconded by Mr.
Madagan, carried unanimously(6-0). (Attachment 3).This recommendation will be
forwarded to the Planning Commission to be included in the Comprehensive Plan k
which will require Board of Supervisor action.
Cc; Gary Longerbeam, Chairman
Robert Wells, Board of Supervisors' Non-Voting Liaison
Minute Book 46
Board of Supervisors Closed Session&Regular Meeting of March 14,2021
County of Frederick, Virginia
I
322
Board of Supervisors Meeting Minutes of March 24 Appendix 2
HUMAN RESOURCES COMMITTEE REPORT TO THE BOARD OF SUPERVISORS
Friday, March 12, 2021
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, March 12, 2021, at 9:00 a.m.
ATTENDEES:
Committee Members Present: Bob Wells,Chairman; Dave Stegmaier; Don Butler; Beth Lewin;
and Kim McDonald.
Staff present: Michael Marciano, Human Resources Director; Kris Tierney,County
Administrator;Jay Tibbs, Deputy County Administrator; Rod Williams,County Attorney; and
Nick Sabo, Executive Director at Winchester Airport.
ITEMS REQUIRING ACTION BY BOARD OF SUPERVISORS
1. Nick Sabo, Executive Director at Winchester Airport,sought approval to create a"Flightline
Services Supervisor" position (Range 5) (Exhibit A). if the Flightline Services Supervisor is added
to the Salary Administration Program,the Airport's Executive Director indicated this position
will only be filled if the budget allows.
2. The Human Resources Department presented a recommended change to Frederick County
Human Resources Policy 12.3(f)—Grievance Procedure(Exhibit B).
ITEM FOR INFORMATION PURPOSES ONLY
N/A
Respectfully submitted,
HUMAN RESOURCES COMMITTEE
Bob Wells,Chairman
Don Butler
Beth Lewin
Doug McCarthy
Kim McDonald
Have Stegmaier
By W�
Michael J. Marciano, Director of Human Resources
I
Minute Book 46
Board of Supervisors Closed Session&Regular Meeting of March 24, 2 02 1
County of Frederick, Virginia