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October 27 2021 Closed Session and Regular Meeting Minutes 135 MINUTES REGULAR MEETING FREDERICK COUNTY BOARD OF SUPERVISORS WEDNESDAY, OCTOBER 27, 2021 6:00 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; Judith McCann-Slaughter; Blaine P. Dunn; J. Douglas McCarthy; Shawn L. Graber; and David D. Stegmaier were present. Staff present: Mary Beth Price, Interim County Administrator; Jay E. Tibbs, Deputy County Administrator; Roderick B. Williams, County Attorney; Mark Cheran, Zoning & Subdivision Administrator; Steve Majchrzak, Fire Chief; Cheryl Shiffler, Finance Director; Scott Varner, Director of Information Technologies; and Ann W. Phillips, Deputy Clerk to the Board of Supervisors. CALL TO ORDER Chairman DeHaven called the meeting to order at 6:00 p.m. CLOSED SESSION Vice Chairman Wells moved that the Board of Supervisors of Frederick County enter a closed session pursuant to Virginia Code Section § 2.2-3711(A)(7) and (8) for consultation with legal counsel and briefings by staff members pertaining to actual or probable litigation,where such consultation or briefing in open meeting would adversely affect the negotiating or litigating posture of the public body, and consultation with legal counsel employed or retained by the Board regarding specific legal matters requiring the provision of legal advice by such counsel, the actual or probable litigation and specific legal matters being (1) the cases of National Fruit Orchards, Inc., et al. v. Board of Supervisors, pending in the Frederick County Circuit Court and the U.S. District Court for the Western District of Virginia, and (2) a potential claim against and probable litigation against a financial institution with respect the County's enforcement of a financial guaranty for performance of subdivision public improvement obligations. Supervisor McCarthy seconded the motion which carried on a voice vote. Minute Book 47 Board of Supervisors Regular Meeting of October 27, 2021 County of Frederick, Virginia 136 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 Slaughter, 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 Graber seconded the motion which carried as follows on a recorded vote: 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 RECESS At 6:57 p.m., Chairman DeHaven recessed the meeting. REGULAR MEETING CALL TO ORDER Chairman DeHaven called the meeting to order at 7:00 p.m. INVOCATION Vice Chairman Wells delivered the invocation. PLEDGE OF ALLEGIANCE Vice Chairman Wells led the Pledge of Allegiance. ADOPTION OF AGENDA—APPROVED On motion of Supervisor Graber, seconded by Supervisor McCarthy, the proposed agenda was adopted on a voice vote. CITIZEN COMMENTS - None Minute Book 47 Board of Supervisors Regular Meeting of October 27, 2021 County of Frederick, Virginia 137 ADOPTION OF CONSENT AGENDA—APPROVED Supervisor Slaughter moved for adoption of the consent agenda as presented. Supervisor McCarthy seconded the motion which carried on a voice vote. -Approval of Work Session Minutes of October 13, 2021- CONSENT AGENDA APPROVAL -Approval of Regular Meeting Minutes of October 13, 2021- CONSENT AGENDA APPROVAL + + + + + + + + + + + + + + BOARD OF SUPERVISORS COMMENTS Supervisor McCarthy noted that Whit Wagner will be stepping down from the Public Works Committee and thanked Mr. Wagner for his exemplary service to the County. Supervisor Dunn noted his absence from the previous meeting at which there was a vote to appropriate funding for the new public safety radio system. He clarified that he does support a new radio system. COUNTY OFFICIALS-- None COMMITTEE BUSINESS - None + + + + + + + + + + + + + + PUBLIC HEARINGS (NON-PLANNING ISSUES) AMENDMENTS TO ARTICLES OF INCORPORATION FOR THE FREDERICK COUNTY SANITATION AUTHORITY D/B/A FREDERICK WATER, PURSUANT TO SECTION 15.2— 5110 OF THE CODE OF VIRGINIA (1950, AS AMENDED)—APPROVED Eric Lawrence of Frederick Water reviewed the primary purpose of the amendments saying they are to enable the Authority to provide for water and sewer service outside Frederick County in the future and to renew the Authority's term of existence for 50 years. Chairman DeHaven opened the public comment period. There were no speakers. Minute Book 47 Board of Supervisors Regular Meeting of October 27, 2021 County of Frederick, Virginia 138 Chairman DeHaven closed the public comment period. Supervisor McCarthy moved that the Board adopt the Resolution to Adopt the Attached Revised Version of The Articles of Incorporation of Frederick Water. 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 J. Douglas McCarthy Aye Charles S. DeHaven, Jr. Aye Judith McCann-Slaughter Aye RESOLUTION TO ADOPT THE ATTACHED REVISED VERSION OF THE ARTICLES OF INCORPORATION OF FREDERICK WATER WHEREAS,at the September 21,2021 meeting of the Frederick County Sanitation Authority dba Frederick Water,its Board of Directors endorsed minor revisions to the body's Articles of Incorporation;and WHEREAS, the Board of Supervisors caused to be advertised in a newspaper of general circulation in Frederick County a copy of the proposed revisions to Frederick Water's Articles of Incorporation, along with a copy of this resolution,which advertisement gave the required notice of the date and place at which a public hearing would be held thereon;and WHEREAS, the Board of Supervisors held a public hearing regarding said revisions to the Articles of Incorporation on October 27,2021,as duly noticed; NOW, THEREFORE, BE IT RESOLVED that the Frederick County Board of Supervisors adopts the attached Amended Articles of Incorporation of the Frederick County Sanitation Authority dba Frederick Water. AMENDED ARTICLES OF INCORPORATION OF THE FREDERICK COUNTY SANITATION AUTHORITY -AMENDED OCTOBER 27,2021- In compliance with the Virginia Water and Waste Authorities Act(Chapter 51,Title 15.2 of the Code of Virginia of 1950,as amended),the Board of County Supervisors of Frederick County,pursuant to an Articles of Incorporation resolution dated April 10,2017,created the Frederick County Sanitation Authority. Thereafter,the Board of County Supervisors of Frederick County,Virginia,pursuant to a resolution to adopt revised Articles of Incorporation dated November 13,2019,amended and restated the Articles of Incorporation. Those revised Articles of Incorporation are amended and restated as follows: (a) This Authority is formed under the Virginia Water and Waste Authorities Act,its name shall be"FREDERICK COUNTY SANITATION AUTHORITY,"and the address of its principal office shall be the Wellington H.Jones Administration Building,315 Tasker Road,Stephens City,Virginia. (b) The name of the incorporating political subdivision is FREDERICK COUNTY, VIRGINIA. The Authority shall be governed by a Board of Directors. There shall be five members of Minute Book 47 Board of Supervisors Regular Meeting of October 27, 2021 County of Frederick, Virginia 139 the Board of Directors of the Authority,each of whom shall maintain a residence in Frederick County, Virginia. The names and addresses of the members of the Board of Directors of the Authority shall be maintained in the County Administrator's Office. The expiration of the term of office of each member is as follows: MEMBER EXPIRATION OF TERM OF OFFICE Member 1 Aril 15,2025 Member 2 Aril 15,2022 Member 3 Aril 15,2023 Member 4 Aril 15,2024 Member 5 Aril 15,2024 The successor of each member shall be appointed by the Board of County Supervisors for a term of four(4)years and shall serve until his successor shall be duly appointed and qualify, except that any person appointed to fill a vacancy shall serve only for the unexpired term and until his successor shall be duly appointed and qualified. Any member of the Board of Directors of the Authority shall be eligible for re-appointment. Members of the Board of Directors of the Authority shall serve with compensation as shall be fixed from time to time by resolution of the Authority, and shall be reimbursed for any actual expenses necessarily incurred in the performance of their duties. (c) The purpose for which the Authority is created is the acquisition,construction,extension, improvement,operation and maintenance of(a)an integrated water system for supplying and distributing water within and outside Frederick County and(b)an integrated sewer system for collecting, conveying, and treating sewage within and outside Frederick County, and the exercise of those powers conferred by the Virginia Water and Waste Authorities Act, as the same may be amended. None of the powers of the Authority shall be exercised in the acquisition, construction, extension, improvement, operation or maintenance of any project or projects which,in whole or part,shall duplicate the facilities and/or services of existing utilities,public or private,serving substantially the same purposes and area. (d) The Authority shall have a term of existence of fifty years from the date of this amendment and for such period or periods as may from time to time be provided by resolution of the Board of Supervisors of Frederick County. IN WITNESS WHEREOF, Frederick County, Virginia, the political subdivision incorporating said Authority,has caused these Amended Articles of Incorporation to be executed by the Chairman of its Board of County Supervisors and the official seal of said Board of County Supervisors to be affixed hereto and attested by the Clerk of said Board this 28`h day of October 2021. + + + + + + + + + + + + + + AMENDMENT TO THE 2021-2022 FISCAL YEAR BUDGET—APPROVED Patty Camery, Finance Director of Frederick County Public Schools, explained the proposed amendment to Reflect a School Operating Fund Supplemental Appropriation in the Amount of $13,562,792.89 saying this amount represents American Rescue Plan Act (ARPA) of Minute Book 47 Board of Supervisors Regular Meeting of October 27, 2021 County of Frederick, Virginia 140 2021 Elementary and Secondary School Emergency Relief Funds (ESSER III) in the Amount of $10,793,768.89 for School Facility Repairs and Improvements to Enable Operations of Schools to Reduce Risk of Virus Transmission and Exposure to Environmental Health Hazards and to Support Student Health Needs in Addition to Addressing Students' Academic, Social, Emotional, Mental Health Needs, and Learning Loss; and the Coronavirus State and Local Fiscal Recovery Funds (CSLFRF) in the Amount of$2,769,024 Allocated by the United States Department of the Treasury to Provide Emergency Funding to Support Ventilation Replacement and Improvement Projects. Chairman DeHaven opened the public comment period. There were no speakers. Chairman DeHaven closed the public comment period. Supervisor McCarthy moved that the Board approved the proposed budget amendment. Supervisor Stegmaier 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 RESOLUTION FISCAL YEAR 2021-2022 BUDGET AMENDMENT WHEREAS, the U.S. Congress passed, and the President recently signed the American Rescue Plan Act (ARPA)of 2021; and WHEREAS, school divisions were allocated funding from the ARPA through multiple sources, but primarily from Elementary and Secondary School Emergency Relief Funds (ESSER 111) based on the division's relative share of Title 1 Part A and the Coronavirus State and Local Fiscal Recovery Funds (CSLFRF)allocations which the United States Treasury allocated to schools based on the projected March 31,2022 average daily membership; and WHEREAS,CSLFRF funds may be used for qualifying expenses to cover costs to a)respond to the public health emergency or its negative economic impacts; b) respond to workers performing essential work during the COVID-19 public health emergency; c) provision of government services to the extent of the reduction in revenue due to the COVID-19 public health emergency; d) make necessary investments in water,sewer,or broadband infrastructure;and e)to improve air quality so teachers and students may safely return to and continue in-person instruction. WHEREAS,ESSER 111 funds are to help safely reopen and sustain the safe operation of schools and address the impacts of COVID-19 on the nation's students by addressing students' academic, social, emotional, and mental health needs. In addition, school facility repairs and improvements to enable operations of schools to reduce risk of virus transmission and exposure to environmental health hazards, and to support student health needs are eligible.Twenty percent of ESSER 111 funds must address learning loss. WHEREAS,the schools will receive ESSER 111 funds in two tranches,with two-thirds available April 2021 and the remaining one-third at the conclusion of the state approval process and the CSLFRF funds being available August 2021; and WHEREAS, ESSER 111 funds must cover costs incurred by the recipient between March 2020 and Minute Book 47 Board of Supervisors Regular Meeting of October 27,2021 County of Frederick, Virginia 141 September 2024 and funds must be expended by November 2024 and CSLFRF funds must cover costs incurred by the recipient between March 3,2021,and December 31,2024,and funds must be expended by December 31,2026; and WHEREAS, Pursuant to Title 15.2, Chapter 25, Section 15.2-2507 of the Code of Virginia, 1950 as amended,the appropriate advertisements and public hearings have been conducted; NOW,THEREFORE,BE IT RESOLVED,by the Board of Supervisors that the FY 2021-2022 Budget be Amended to Reflect: School Operating Fund Supplemental Appropriation in the Amount of $13,562,792.89. This amount represents American Rescue Plan Act (ARPA) of 2021 Elementary and Secondary School Emergency Relief Funds(ESSER III)in the amount of$10,793,768.89 for school facility repairs and improvements to enable operations of schools to reduce risk of virus transmission and exposure to environmental health hazards and to support student health needs in addition to addressing students' academic,social,emotional, mental health needs,and learning loss;and Coronavirus State and Local Fiscal Recovery Funds(CSLFRF) in the amount of $2,769,024 allocated by the United States Department of the Treasury to provide emergency funding to support ventilation replacement and improvement projects. BE IT FURTHER RESOLVED, estimates of revenues and appropriations are approved at the fund level, and appropriations designated for this special revenue fund will not lapse at the end of the fiscal year,but shall remain appropriated until the completion of the project or until the Board of Supervisors, by appropriate resolution, changes or eliminates the appropriation. BE IT FURTHER RESOLVED, School Operating Fund ARPA appropriation shall include funds transferred to other funds for classification purposes. + + + + + + + + + + + + + + AMENDMENT TO THE 2021-2022 FISCAL YEAR BUDGET—APPROVED Finance Director Cheryl Shiffler explained the proposed amendment to reflect General Fund and County Capital Projects Fund Supplemental Appropriations in the Amount of $26,100,000. She said this amount represents General Fund FY 2020-2021 Year-end Unreserved Fund Balance in excess of 20% to be transferred to the County Capital Fund per the Board of Supervisors' adopted policy. Chairman DeHaven opened the public comment period. There were no speakers. Chairman DeHaven closed the public comment period. Supervisor Slaughter moved that the Board approved the proposed amendment. 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 Minute Book 47 Board of Supervisors Regular Meeting of October 27,2021 County of Frederick, Virginia 142 RESOLUTION FISCAL YEAR 2021-2022 BUDGET AMENDMENT WHEREAS, Pursuant to Section 15.2-2507 of the Code of Virginia, 1950, as Amended, the Frederick County Board of Supervisors,meeting in regular session on October 27,2021,took the following action: NOW,THEREFORE,BE IT RESOLVED,by the Board of Supervisors that the FY 2021-2022 Budget be Amended to Reflect: General Fund and County Capital Projects Fund Supplemental Appropriations in the Amount of $26,100,000. This amount represents General Fund FY 2021-2022 yearend unreserved fund balance in excess of 20%to be transferred to the County Capital Fund per the Board of Supervisors adopted policy. + + + + + + + + + + + + + + PLANNING COMMISSION BUSINESS - PUBLIC HEARINGS - None PLANNING COMMISSION BUSINESS -OTHER PLANNING BUSINESS - None BOARD LIAISON REPORTS - None CITIZEN COMMENTS Eric Reifinger, Shawnee District, thanked the Voter Registrar's Office for their work during the early voting period. He encouraged everyone to learn about the candidates and to vote. Austin Odell, a fourth grade Red Bud Run Elementary School Student, read a statement that he had presented to the Frederick County School Board in support of Veterans Day being designated a school holiday. BOARD OF SUPERVISORS COMMENTS Supervisor Graber thanked Assistant Planning Director-Transportation, John Bishop, for all his work on the Transportation Forum held the previous evening. Supervisor Slaughter noted the recent announcement from the American Planning Association, Virginia Chapter, that the Crossover Boulevard Project has been named the 2021 Commonwealth Connectors Transportation Project of the Year. She said County staff, including Public Works Director Joe Wilder,were recognized for their efforts for outstanding grant and project Minute Book 47 Board of Supervisors Regular Meeting of October 27,2021 County of Frederick, Virginia 143 management work. She noted that Assistant Planning Director John Bishop was recognized with the 2021 Outstanding Service Award from the Chapter for his steadfast leadership on the Crossover Boulevard Project. She concluded thanking staff on behalf of the Board for a job well done. Supervisor Dunn noted that Election Day is coming soon, and voters should know the policies of those candidates they are supporting. ADJOURNMENT On motion of Vice Chairman Wells, seconded by Supervisor McCarthy, the meeting was adjourned at 7:21 p.m. Charles S. DeHaven, Jr. Mary T. Price Chairman, Board of Supervisors Interim County Administrator Minutes Prepared By: Ann W. Phillips Deputy Clerk, Board of Supervisors Minute Book 47 Board of Supervisors Regular Meeting of October 27, 2021 County of Frederick, Virginia