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HomeMy WebLinkAboutJanuary 12 2022 Regular Meeting Minutes 209 MINUTES REGULAR MEETING FREDERICK COUNTY BOARD OF SUPERVISORS WEDNESDAY, JANUARY 12, 2022 7:00 P.M. BOARD ROOM, COUNTY ADMINISTRATION BUILDING 107 NORTH KENT STREET, WINCHESTER, VIRGINIA ATTENDEES Board of Supervisors: Charles S. DeHaven, Jr., Chairman; J. Douglas McCarthy, Vice Chairman; Robert W. Wells; Judith McCann-Slaughter; Blaine P. Dunn; Shawn L.Graber;and Josh E. Ludwig were present. Staff present: Michael Bollhoefer, County Administrator; Jay E. Tibbs, Deputy County Administrator; Roderick B. Williams, County Attorney; Karen Vacchio, Public Information Officer; Wyatt Pearson, Planning Director; Candice Perkins, Assistant Director of Planning; Tyler Klein, Senior Planner; Mark Cheran, Zoning & Subdivision Administrator; Seth Thatcher, Commissioner of the Revenue; Clay Corbin, NRADC Superintendent; and Ann W. Phillips, Deputy Clerk to the Board of Supervisors. CALL TO ORDER Chairman DeHaven called the meeting to order at 7:00 p.m. INVOCATION Ross Halbersma, New Hope Alliance Church, delivered the invocation. PLEDGE OF ALLEGIANCE Supervisor Wells led the Pledge of Allegiance. ORGANIZATION OF BOARD OF SUPERVISORS FOR 2022 A. Election of Vice-Chairman—J. Douglas McCarthy Elected Chair DeHaven opened nominations for Vice-Chairman. Supervisors McCarthy was nominated by Supervisor Graber and was elected on a voice vote. Minute Book 47 Board of Supervisors Regular Meeting of January 12, 2022 County of Frederick, Virginia 210 B. Adoption of Rules of Procedure -Approved Supervisor Slaughter moved that the Board adopt the UPDATED Rules of Procedure Frederick County Board of Supervisors, adopted May 28, 2003, amended through January 12, 2022, and Robert's Rules of Order Simplified and Applied. Supervisor McCarthy seconded the motion which carried on a voice vote. RULES OF PROCEDURE AND CONDUCT FREDERICK COUNTY BOARD OF SUPERVISORS Adopted by the Frederick County Board of Supervisors at a Regular Meeting Held on May 28, 2003 ARTICLE I—MEETINGS Section 1-1. Annual Meeting; Schedule of Regular Meetings [AmendedOl/09/19] On the second Wednesday of January of each year,or on such other date in the month of January as it may designate,the Board shall assemble in the Board of Supervisors'Meeting Room of the County Administration Building, 107 North Kent Street,Winchester,Virginia,or such other public place as it may designate,in regular session and conduct its annual or organizational meeting.During the course of such meeting,the Board shall fix the date,time,and place of all of its regular meetings during the ensuing calendar year,and shall fix the day on which a regular meeting shall be continued should the Chairman 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. Minute Book 47 Board of Supervisors Regular Meeting of January 12, 2022 County of Frederick, Virginia 211 Section 1-5. Motions Subject to limitations imposed hereafter in these rules,discussion of items on the agenda shall be permitted for purposes of clarifying the issues and/or the options available for consideration.No call for a vote shall be allowed until a member of the Board moves a specific action with reasonable clarity and each member of the Board has thereafter had an opportunity to speak to the specific motion. Motions shall require a second.When possible,Board members making complex,multi-part,or lengthy motions are requested to provide the clerk with a written copy of the motion at the time the motion is made. Section 1-6. Motion to Adjourn At a meeting of the Board,a motion to adjourn shall always be in order and shall be decided without debate,provided each member of the Board is given a reasonable opportunity to be heard. Section 1-7. Motions While a Question is Under Debate When a motion is under debate at a meeting of the Board,no motion shall be received unless it is one to amend,to refer to committee,for the previous question,for a substitute motion to lay on the table,or to recess or adjourn. Section 1-8. Reconsideration of Motions,Etc.,Upon Which Vote Has Been Announced; Rescission of Previous Actions [Amended05/27/20] At any meeting of the Board,when any vote upon any motion,resolution,ordinance,or question has been previously announced at that meeting,the Board may not reconsider the matter unless and until a motion to that effect is presented at that meeting by a member of the Board who voted with the prevailing side when such motion,resolution,ordinance,or question was considered. Any such motion to reconsider shall be decided by a majority vote of the members present at the time such motion to reconsider is presented.If the Board approves the motion to reconsider,the Board shall then proceed with debate on the matter as it was pending prior to the original vote on the matter. At a subsequent meeting of the Board,the Board may not rescind any motion, resolution,ordinance,or question announced at a previous meeting,except and unless: -The action at issue is practically capable of being rescinded(e.g.,a completed transaction or an approval upon which a party has detrimentally relied may not be the subject of a motion to rescind); -A Board member makes the motion to rescind not more than 30 days after the vote upon the matter;and either -If the Board member has given notice of intent to make the motion to rescind,either by giving such notice at the immediately previous meeting of the Board or by requesting inclusion of the motion to rescind on the agenda for the meeting at which the Board member intends to make the motion,and such motion to rescind receives the affirmative vote of a majority of the members present at the time such motion to rescind is presented; or -If the Board member has not given such notice of intent to make the motion to rescind, the motion to rescind receives the lesser of(i)the affirmative vote of a majority of the members(including those not present at the time such motion to rescind is presented)or (ii)the affirmative vote of two-thirds of the members present at the time such motion to rescind is presented.This situation of having not given notice shall be an exception to the notice requirements of Article V,Section 5-1 and,in the circumstances in the previous clause,if the requisite vote is obtained,advance notice to the Clerk is not required. If the Board approves a motion to rescind,the Board shall proceed with debate on the matter as it was pending prior to the original vote on the matter,but such debate and further decision of the matter shall take place not sooner than the next regularly scheduled meeting of the Board.If the matter was the subject of a public hearing,approval of the motion to rescind shall require the readvertising and Minute Book 47 Board of Supervisors Regular Meeting of January 12, 2022 County of Frederick, Virginia 212 reopening of the public hearing at a subsequent meeting of the Board,before the Board may take further action on the matter. Section 1-9. Robert's Rules of Order;Suspending Rules[Amended 09/14/11][Amended 02/14/18] The proceedings of the Board of Supervisors,except as otherwise provided in these rules and by applicable State law, shall be governed by the latest version of Robert's Rules of Order,Simplified and Applied,with the exception of motions to postpone.Motions to postpone shall be for durations as decided by the Board of Supervisors and in conformity with the Code of Virginia, 1950,as amended,as applicable. These Rules of Procedure of the Board may only be suspended on presentation of a motion to that effect,which is carried by majority vote of the members present and voting. Section 1-10. Board to Sit with Open Doors The Board of Supervisors shall sit with open doors,and all persons conducting themselves in an orderly manner may attend the meetings.However,the Board may hold closed meetings as permitted by law. Closed meetings may be placed on the agenda or may be requested by any member of the Board.However,no closed meeting shall be convened unless and until the Board has favorably acted on a motion to so convene,and then,only if such motion accurately states a lawful reason for such closed meeting as permitted by and outlined in Section 2.2-3711 of the Code of Virginia, 1950,as amended. Section 1-11. Limitations on Duration and Hour of Meetings;Adjournment Meetings of the Board of Supervisors shall not continue for more than 4 consecutive hours or later than 11:00 P.M.without the consent of a majority of the members present.Should it appear to the Chair that the matter or matters before the Board cannot be heard within the time remaining,the Chair shall poll the members of the Board to determine the desire of the members.The Chair shall adjourn or recess the meeting upon final action on the current agenda item unless a majority of the members agree to exceed the limits established by this section. Any items not taken up by the Board of Supervisors prior to adjourning will be added to the agenda of the next meeting without further action of the Board. Section 1-12. Remote Meeting Participation[Adopted 3-25-20;Inserted In To Rules 1-13-21;Amended 1-12-22] 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." 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,or when a family member's medical condition that requires the member to provide care for such family member prevents the member's Minute Book 47 Board of Supervisors Regular Meeting of January 12, 2022 County of Frederick, Virginia 213 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,or when a family member's medical condition that requires the member to provide care for such family member prevents the member's 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, or a family member's medical condition,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, including the reason for remote participation and the remote location from which the member participated. 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 II—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 47 Board of Supervisors Regular Meeting of January 12, 2022 County of Frederick, Virginia 214 Section 2-2.Roles and Responsibilities A. The role of the Board of Supervisors is to develop County policy. The role of the County Administrator is to direct the fulfillment of County policy in the day to day oversight of County staff. B. Board members will ensure that policy decisions and directions are communicated from the entire Board;no single member will provide direction on policy implementation to the County Administrator. C. Board members' interactions with staff should not unreasonably interfere with employee productivity.Board members should refrain from making requests that may unreasonably affect workload.Members of The Board will not give direction to any County staff member.Any request for action,which is not part of the routine or customary work of a committee or for routine or customary assistance,will be submitted to the County Administrator for consideration by The Board if necessary. D. Board members will forward any concerns about employees or staff to the County Administrator.Concerns about the County Administrator will be forwarded to the Chairman and presented as necessary to the Board in executive session for discussion. E. Board members will forward citizen complaints to the County Administrator for him to pass on to the appropriate personnel. F. Board members will not discuss or disclose to any person not a party to the privileged discussion any matter involving communication between the Board and legal counsel or any aspect of legal strategy or work product without approval of the full Board to avoid waiver of legal privileges. G. Board members will not discuss any matter that has been presented to the Board in closed session with the public or otherwise make disclosure of such matters,unless the full Board authorizes disclosure,or unless such matter has become a part of the public record,and only then shall discussion be allowed to the extent that no undisclosed or privileged information is disclosed. H. The Board recognizes that documents related to County Business,including all electronic transmittals sent or received in the performance of their duties as a Board Member,are subject to the requirements of the Freedom of Information Act. I. When responding to the media,Board members will make sure there is a clear distinction between personal opinion or belief and a position of the Board.Whenever appropriate,the Public Information Officer will assist in communications with citizens and themedia. J. If a Board Member repeatedly violates this Code of Conduct,the Board may,by an affirmative vote of a majority of the Board,officially censure that member. Article III-OFFICERS Section 3-1. Chairman and Vice Chairman[Amended 01/14/09] At the annual or organizational meeting of the Board of Supervisors,as described in Section 1-1 hereof,the Board shall elect from its membership a Vice Chair,who shall serve for a one year term expiring on December 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 meeting,the Vice Chair shall assume the authority and duties of the Chair. Minute Book 47 Board of Supervisors Regular Meeting of January 12, 2022 County of Frederick, Virginia 215 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[Amended05/27/20] 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[Amended07/08/20] 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 matters for which a written request and supporting information have been received in advance of the deadline herein established. Minute Book 47 Board of Supervisors Regular Meeting of January 12, 2022 County of Frederick, Virginia 216 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 Administrator,as of the date and time the information is distributed to members of the Board. Agendas will also be posted on the county web page and outside the main entrance to the Board of Supervisors'meeting room. Section 4-4. Copies[Amended 02/14/18] 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. OrderofBusiness[Amended06/11/03];[Amended0l/14/04];[Amended 02/14/18]; [Amended 08/08/18]; [Amended05/27/20]; [Amended MM] 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 Appointments to Boards,Committees,and Commissions Committee Business Public Hearings—Non Planning Issues(When Required)Planning Commission Business Public Hearings(When Required) Other Planning Commission/Department Business Liaison Reports(If Any) Citizen Comments Board of Supervisors Comments Adjournment Items as to which a Board Member requests that the Board take action shall be submitted to the Clerk in accordance with Section 4-1 and shall not be heard under either of the Board of Supervisors Comments portions of the agenda. Minute Book 47 Board of Supervisors Regular Meeting of January 12, 2022 County of Frederick, Virginia 217 Section 5-2. Adoption of Agenda The agenda presented for adoption shall be the agenda prepared and delivered as required in Article IV.Additions,deletions,or modifications and/or adoption of the agenda shall require the consent of a majority of the members of the Board present at the meeting. Section 5-3.Consent Agenda The Consent Agenda shall be introduced by a motion "to approve the Consent Agenda," and shall be considered by the Board as a single item.There shall be no debate or discussion by any member of the Board regarding any item on the Consent Agenda,beyond asking questions for simple clarification. On objection by any member of the Board of Supervisors to inclusion of any item on the Consent Agenda,that item shall be removed from the Consent Agenda forthwith. Such objection may be recorded at any time prior to completing the taking of a vote on the motion to approve the Consent Agenda.Items which have been objected to and removed from the Consent Agenda shall be acted upon in the original order presented within the agenda. Approval of the motion to approve the Consent Agenda shall constitute approval,adoption,or enactment of each motion,resolution,or other item of business thereon,exactly as if each had been acted upon individually. Section 5-4. CitizenComments Period[Amended4/14/04][Amended0l/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 VII-Citizen Responsibilities. Members of the Board shall neither engage in debate with,nor shall they be expected to answer questions posed by individuals speaking during the Citizen Comment period. 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 Minute Book 47 Board of Supervisors Regular Meeting of January 12, 2022 County of Frederick, Virginia 218 designee,identifying,with reasonable certainty,the subject matter of the presentation. Such request must be in the Clerk's hands not later than the agenda deadline specified in Section 4-1 hereof.Only the person requesting to make the presentation may do so,unless otherwise permitted by the Chair,and every such speaker shall be subject to a five minute time limit for the presentation itself,which limit can be extended with agreement of the Chairman.Board member questions and discussion of the material presented shall not be subject to any time limit.Persons making presentations should be prepared to answer questions and provide detailed information in response to questions from members of the Board. ARTICLE VI-PUBLIC HEARING ITEMS Section 6-1. Format for Public Hearing Items It is the purpose and objective of the Board of Supervisors to give each citizen an opportunity to express his/her views on the issue(s)at hand at public hearings and to give all speakers equal treatment and courtesy.While it is often necessary to have a presentation by an applicant and staff,it is the desire of the Board to hear from the public;and therefore,the applicant and staff presentations will be as brief as possible.In order to accomplish this objective,it is necessary that certain rules of order prevail at all public hearings of the Board of Supervisors as follows: Section 6-2. Order of Business [Amended 05/27/20] For public hearing items,the order of business will be as follows: (a) Identification of Issue and Verification of Notice (b) Staff and/or Applicant Presentation (C) Public Comment (d) Close of Public Comment (e) Board Member Questions (fl Staff,Applicant Response (g) Board discussion and/or consideration Section 6-3. Identification of Issue and Verification of Required Notice The Chair shall call upon the appropriate county staff member to verify that any required notice has been given and to read or summarize the notice for the benefit of those attending the public hearing. Section 6-4. Staff and/or Applicant Presentation The Chair will call upon the appropriate county staff and/or applicant to present such information as is necessary to explain the action requested of the Board of Supervisors. Minute Book 47 Board of Supervisors Regular Meeting of January 12, 2022 County of Frederick, Virginia 219 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[Amended05/27/20] Any person desiring to address the Board of Supervisors at a Public Hearing conducted by the Board of Supervisors shall be required to abide by the rules governing such presentations as set forth in these rules in Article VII-Citizen Responsibilities. A register for persons desiring to address the Board of Supervisors during the public comment period shall be furnished prior to the beginning of every regular meeting of the Board of Supervisors. Citizens desiring to address the Board of Supervisors during a public hearing item comment period should provide their name and their Magisterial District of residence on the register list provided. Prior to commencing public comment,the Chair shall determine from the register list the approximate number of persons desiring to comment and may establish the manner in which speakers are recognized and the length of time each may speak. Section 6-6. Order of Speaking Members of the public shall be permitted to speak as the Chair recognizes each,provided that no member of the public shall be recognized to speak a second time until all persons desiring to speak have had an opportunity to do so.In the event the number of persons desiring to speak necessitates a register,speakers shall be recognized in the order in which they have registered. In the event the number of speakers results in the continuation of a public hearing,any persons registered but not heard at the initial Public Hearing will be the first given an opportunity to speak at the continued hearing. Section 6-7. Presentation of Comments Each person may address the Board as many times as the Chair,in his or her discretion,may allow,but no speaker shall exceed the total time limit set by the Chair. Section 6-8. Board Members'Questions Upon completion of a presentation by staff,applicant or member of the public,any member of the Board may ask questions to enhance their understanding of the issue,verify information presented or clarify the action or actions requested.Members of the Board shall not engage in debate with the person or persons making the presentation. Section 6-9. Staff and/or Applicant Response The Chairman shall call on the staff or applicant for any response on closing comments with reference to the public hearing presentations. Minute Book 47 Board of Supervisors Regular Meeting of January 12, 2022 County of Frederick, Virginia 220 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. 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, Minute Book 47 Board of Supervisors Regular Meeting of January 12, 2022 County of Frederick, Virginia 221 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[Amended05/27/20] 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 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: Minute Book 47 Board of Supervisors Regular Meeting of January 12, 2022 County of Frederick, Virginia 222 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 01/25/06];[Amended 02/14/18]; [Amended 08/08/18] Each board member may nominate citizen members to be appointed to the various authorities,boards,commissions,and committees where a representative is needed from a member's respective magisterial district or for the county at large. (Note:A current list of boards and committees is available on the County website.)A majority vote of those board members present shall be required to appoint a nominee to said authority,board,commission,or committee.Prior to Board action on a prospective nominee,the following process shall be followed: 1. Applications are required for positions on bodies created by the Board of Supervisors.For non-Frederick County boards such as regional or community-based bodies, the Board of Supervisors will accept and consider nominations from those boards while reserving the right to appoint its preferred candidate.The application form,or Committee Appointments Informational Data Sheet,is available on the County website,www.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. 3. Any applications received after the deadline specified above will be held for review until the next regularly scheduled meeting of the Board. ARTICLE IX—Electronic Devices[Added05/27/20] Section 9-1.Devices Use of County-issued computers,tablets,and other devices and use of County email accounts shall be for County business purposes only. Section 9-2.Email Accounts Due the requirements of the Freedom of Information Act(FOIA)and record archiving purposes,Board members are strongly encouraged to use only the email account provided by the County to conduct business for the County.When responding to emails that are sent to all Board Minute Book 47 Board of Supervisors Regular Meeting of January 12, 2022 County of Frederick, Virginia 223 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. + + + + + + + + + + + + + + C. Selection of a Parliamentarian —County 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. 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 2022 with the exception that the second meeting in November and December not be scheduled because of the conflict with the holidays, and further moved that should a meeting be canceled 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 Chairman DeHaven provided committee assignments but said there may be changes and will be finalized by the next meeting. ADOPTION OF AGENDA—APPROVED The proposed agenda was adopted on a voice vote following a motion by Supervisor Slaughter, seconded by Supervisor Graber. Minute Book 47 Board of Supervisors Regular Meeting of January 12, 2022 County of Frederick, Virginia 224 CITIZEN COMMENTS - None ADOPTION OF CONSENT AGENDA—APPROVED Supervisor Slaughter moved for adoption of the consent agenda as presented. Supervisor McCarthy seconded the motion which had been amended on a successful motion by Supervisor Ludwig to correct a typographical error in a committee report. The motion to adopt carried on a recorded vote as follows: Blaine P. Dunn Aye Josh E. Ludwig Aye Shawn L. Graber No Robert W. Wells Aye J. Douglas McCarthy Aye Charles S. DeHaven, Jr. Aye Judith McCann-Slaughter Aye -Approval of Minutes of December 8, 2021 -CONSENT AGENDA APPROVAL -Acceptance of Parks & Recreation Commission Report of December 14, 2021 - CONSENT AGENDA APPROVAL,Appendix 1 -Acceptance of Public Safety Committee of December 9, 2021 - CONSENT AGENDA APPROVAL, Appendix 2 -Acceptance of Transportation Committee Report of December 27, 2021- CONSENT AGENDA APPROVAL,Appendix 3 -Approval of Request from the Commissioner of the Revenue for Refunds and Supplemental Appropriations: Kevin Campbell Trucking Inc- $7,529.60; Ryder Truck Rental LT-$12,162.35; Toyota Lease Trust-$5,036.43; MYB Inc- $8,595.83- CONSENT AGENDA APPROVAL + + + + + + + + + + + + + + BOARD OF SUPERVISORS COMMENTS Vice Chairman McCarthy welcomed new Board member Josh Ludwig. Minute Book 47 Board of Supervisors Regular Meeting of January 12, 2022 County of Frederick, Virginia 225 COUNTY OFFICIALS ERIC LAWRENCE REAPPOINTED TO FREDERICK-WINCHESTER SERVICE AUTHORITY—APPROVED Supervisor Wells moved to reappoint Eric Lawrence to a three-year term ending 01/10/2025 on the Frederick-Winchester Service Authority. Supervisor McCarthy seconded the motion which carried on a voice vote. GARY OATES REAPPOINTED TO PLANNING COMMISSION AS STONEWALL DISTRICT REPRESENTATIVE -APPROVED Supervisor Slaughter moved to reappoint Gary Oates to a four-year term ending 01/22/2026 as Stonewall District Representative on the Planning Commission. Supervisor Wells seconded the motion which carried on a voice vote. KERMIT GAITHER APPOINTED TO SOCIAL SERVICES BOARD AS BACK CREEK DISTRICT REPRESENTATIVE -APPROVED Supervisor Graber moved to appoint Kermit Gaither to fill an unexpired vacant term ending 06/30/2022 as Back Creek District Representative on the Social Services Board. Supervisor Dunn seconded the motion which carried on a voice vote. GAYLE FERREIRA APPOINTED TO SOCIAL SERVICES BOARD AS SHAWNEE DISTRICT REPRESENTATIVE -APPROVED Supervisor Ludwig moved to appoint Gayle Ferreira to fill an unexpired vacant term ending 06/30/2022 as Shawnee District Representative on the Social Services Board. Vice Chairman McCarthy seconded the motion which carried on a voice vote. COUNTY ADMINISTRATOR BOLLHOEFER APPOINTED TO LANDFILL OVERSIGHT COMMITTEE -APPROVED Supervisor Slaughter moved to appoint Michael Bollhoefer to the Landfill Oversight Committee. Vice Chairman McCarthy seconded the motion which carried on a voice vote. Minute Book 47 Board of Supervisors Regular Meeting of January 12, 2022 County of Frederick, Virginia 226 NADINE POTTINGA REAPPOINTED TO BOARD OF PEOPLE, INC. -APPROVED Supervisor Wells moved to appoint Nadine Pottinga to the Board of People, Inc. Vice Chairman McCarthy seconded the motion which carried on a voice vote. + + + + + + + + + + + + + + COMMITTEE BUSINESS–None PUBLIC HEARINGS (NON-PLANNING ISSUES)– None + + + + + + + + + + + + + + PLANNING COMMISSION BUSINESS - PUBLIC HEARINGS REZONING #05-21 FOR PAULA 0. HENRY—APPROVED Assistant Planning Perkins Candice Perkins explained the request to rezone 8.2-acres to the B3 Zoning District without proffers. She said the Planning Commission recommended approval of REZ#05-21. David Frank, representing the Applicant, discussed expected traffic volume with the Board. Chairman DeHaven opened the public comment period. No one wished to address the Board. Chairman DeHaven closed the public comment period. Supervisor Slaughter moved for approval of Rezoning #05-21. Vice Chairman McCarthy seconded the motion which carried on a recorded vote as follows: Blaine P. Dunn Aye Josh E. Ludwig Aye Shawn L. Graber Aye Robert W. Wells Aye J. Douglas McCarthy Aye Charles S. DeHaven, Jr. Aye Judith McCann-Slaughter Aye ORDINANCE AMENDING Minute Book 47 Board of Supervisors Regular Meeting of January 12, 2022 County of Frederick, Virginia 227 THE ZONING DISTRICT MAP REZONING#05-21 PAULA O.HENRY WHEREAS,REZONING#05-21 Paula O.Henry,was submitted by Pennoni Associates,Inc.to rezone 8.2+/- acres from the B2(General Business)District to the B3 (Industrial Transition)District.The property is located at the intersection of Stratford Drive (Route 1350) and Fort Collier Road (Route 1322) in the Stonewall Magisterial District and is identified by Property Identification Number 54-A-97U;and WHEREAS, the Frederick County Planning Commission held a public hearing on this Rezoning on December 15,2021 and recommended approval; and WHEREAS, the Frederick County Board of Supervisors held a public hearing on this Rezoning during their regular meeting on January 12,2022; and WHEREAS,the Frederick County Board of Supervisors finds the approval of this Rezoning to be in the best interest of the public health, safety,welfare, and in conformance with the Comprehensive Plan. NOW,THEREFORE,BE IT ORDAINED by the Frederick County Board of Supervisors,that Chapter 165 of the Frederick County Code,Zoning, is amended to rezone 8.2+/- acres from the B2(General Business) District to the B3 (Industrial Transition)District. + + + + + + + + + + + + + + CONDITIONAL USE PERMIT #12-21 FOR HOLLOW ROAD SOLAR, LLC — APPROVED Senior Planner Klein explained the request for a Conditional Use Permit (CUP)to enable construction of a utility-scale solar power generating facility located on three (3) properties totaling approximately 326-acres and reviewed the conditions suggested by the Planning Commission should the Board find the application to be appropriate. The Applicant's representative, Patrick Groomes, discussed the recently revised siting agreement. The Board and Mr. Groomes discussed concerns raised by nearby property owners regarding construction noise and work hours. Chairman DeHaven opened the public comment period. Libby Carter, Gainesboro District, spoke in opposition to the project citing concerns of erosion and poisons contained in panels. Chairman DeHaven closed the public comment period. The Board and Mr. Groomes discussed the materials used in the panels being silicone and glass, permitting, and the possibility of the installation being sold versus kept by the current owners. Vice Chairman McCarthy moved for approval of Conditional Use Permit(CUP)#12-21 with Minute Book 47 Board of Supervisors Regular Meeting of January 12, 2022 County of Frederick, Virginia 228 additional conditions about the hours of construction and working on holidays. Supervisor Graber seconded the motion which carried on a recorded vote as follows: Blaine P. Dunn Aye Josh E. Ludwig Aye Shawn L. Graber Aye Robert W. Wells Aye J. Douglas McCarthy Aye Charles S. DeHaven, Jr. Aye Judith McCann-Slaughter Aye ORDINANCE CONDITIONAL USE PERMIT#12-21 HOLLOW ROAD SOLAR TO CONSTRUCT A UTILITY-SCALE SOLAR POWER GENERATING FACILITY WHEREAS,Conditional Use Patmit#12-21 for Hollow Road Solat,LLC.,was submitted to construct a utility- scale solar power generating facility. The subject properties totaling 326-acres +/- are generally located generally south of Parishville Road (Route 610) and south of the terminus (cul-du-sac) of Anchorage Lane (Route 1416) in Gore and are identified with Property Identification Numbers (PINS) 27-A-8, 27-A-11, and 27-A-12 in the Gainesboro Magisterial District;and WHEREAS, Pursuant to Code of Virginia Section 15.2-2316.6 et seq., a solar facility siting agreement, between Hollow Road Solar,LLC and the Frederick County Board of Supervisors was also considered. WHEREAS,the Frederick County Planning Commission held a public hearing on this Conditional Use Permit on December 1,2021 and recommended approval with conditions;and, WHEREAS,the Frederick County Board of Supervisors held a public hearing on this Conditional Use Permit and solar facility siting agreement during their regular meeting on January 12,2022;and, WHEREAS,the Frederick County Board of Supervisors finds the approval of this Conditional Use Permit to be in the best interest of the public health, safety,welfare, and in accordance with the Comprehensive Plan; and WHEREAS,the Frederick County Board of Supervisors,pursuant to Code of Virginia Section 15.2-2316.6 et seq, agrees to the solar facility siting agreement with Hollow Road Solar,LLC dated January 12,2022;and NOW,THEREFORE,BE IT ORDAINED by the Frederick County Board of Supervisors that Chapter 165 of the Frederick County Code,Zoning,is amended to revise the zoning map to reflect that Conditional Use Permit Application#12-21 for the Hollow Road Solar,LLC utility-scale solar power generating facility is permitted on the parcels identified by Property Identification Numbers 27-A-8,27-A-11 and 27-A-12. 1. All review agency comments provided during the review of this application shall be complied with at all times. 2. An engineered site plan, in accordance with the requirements of Article VIII of the Fredrick County Zoning Ordinance,shall be submitted to and subject to approval by Frederick County prior to the establishment of the use.The site plan shall address additional regulations for specific uses outlined in§165-204.26 of the Frederick County Zoning Ordinance and be in general conformance with the Concept Plan, included with the CUP application,prepared by Timmons Group, dated November 5,2021. Minute Book 47 Board of Supervisors Regular Meeting of January 12, 2022 County of Frederick, Virginia 229 3. Pursuant to Code of Virginia§15.2-2241.2(B),the owner shall comply with the Decommissioning Plan,included with the CUP application,prepared by Hollow Road Land Holdings,LLC,dated November 5,2021,and shall update the Decommissioning Plan every five (5)years. 4. At the time the project achieves commercial operation,the owner will execute an extinguishment of transferrable development rights for Tax Parcels 27-A-11 and 27-A-12,and,further,the owner will grant a conservation easement for the portion of the property encompassed by Tax Parcels 27-A-11 and 27-A-12 that is not developed with solar panels or other solar energy infrastructure, with the balance of the property to be placed in conservation easement at the time of decommissioning. These conditions shall be memorialized in a solar siting agreement with Frederick County,attached as Exhibit A of these Conditions,pursuant to Code of Virginia Section 15.2-2316.6 et seq. 5. Batteries,for the purposes of mass storage of electricity that will eventually be transferred to the grid,shall not be used on the properties subject to this CUP. 6. Access to the site shall be limited to two (2) entrances, one (1) entrance from Parishville Road (Route 610) and one entrance from Anchorage Lane (Route 1416) in conformance with the Concept Plan,included with the CUP application,prepared by Timmons Group,dated November 5,2021.Delivery of solar array panel construction materials and equipment shall occur only at the site access entrance off Parishville Road (Route 610) identified as "Primary Access Road" on Sheet 3 the Concept Plan. Use of the"50'R/W Ingress&Egress/Secondary Access Road"from Anchorage Lane shall only be used for passenger vehicle access during construction and post- construction maintenance. 7. Pile-driving of poles for solar arrays shall be limited to 8:00 a.m. to 5:00 p.m. Monday through Friday. All other construction activities are permitted 7:00 a.m. to 7:00 p.m. Monday through Friday and 7:00 a.m.to 5:00 p.m.on Saturday.No construction activities are permitted on Sundays or federal holidays. 8. A Phase 1 Archaeological and Architectural Survey will be completed as part of the permitting of this project and completed prior to site plan approval. This survey shall document the historic dwelling,barn and areas surrounding the farm complex barn (located on PIN#27-A-11). This survey shall be submitted to the Frederick County Department of Planning and Development and the Department of Historic Resources (DHR). Phase II surveys shall be conducted if DHR determines the areas and resources under consideration are potentially significant.In the event the above resources are eligible for inclusion on the NRNP as a result of the Phase II study the structures and resources on the site shall be retained,stabilized and preserved and no disturbance shall occur within 100-feet(FT). 9. Any expansion or modification of this land use will require the approval of a new CUP. + + + + + + + + + + + + + + CONDITIONAL USE PERMIT #13-21 FOR UPPER VALLEY ESTATE LLC — CONTINUED UNTIL FEBRUARY 9, 2022 Zoning Administrator Mark Cheran explained the request for a Conditional Use Permit (CUP) to allow for a tractor truck and tractor truck trailer parking facility on three parcels. He said Minute Book 47 Board of Supervisors Regular Meeting of January 12, 2022 County of Frederick, Virginia 230 the site is located between Crown Lane and Welltown Road, approximately 300' north of the intersection of Martinsburg Pike and Welltown Road in the Stonewall Magisterial District. He reviewed the conditions suggested by the Planning Commission should the Board find the application to be appropriate. Ron Mislowski, Pennoni Engineering,spoke on behalf of the Applicant explaining the intent of the project for short-term parking for truck trailers to assist local businesses. He and the Board discussed traffic concerns, hours of operation, and whether hazardous materials are allowed in the trailers using the lot. Chairman DeHaven opened the public comment period. D'Ann Kenney, Gainesboro District,spoke in opposition to the conditional use permit citing concerns about traffic in the area. The Board discussed the issue of hazardous materials and decided postponement would be appropriate to allow time to learn more about the matter. Vice Chairman McCarthy moved to postpone making a decision and to continue the public hearing until the meeting on February 9, 2022. Supervisor Graber seconded the motion which carried on a recorded vote as follows: Blaine P. Dunn Aye Josh E. Ludwig Aye Shawn L. Graber Aye Robert W. Wells Aye J. Douglas McCarthy Aye Charles S. DeHaven, Jr. Aye Judith McCann-Slaughter Aye + + + + + + + + + + + + + + PLANNING COMMISSION BUSINESS - OTHER PLANNING BUSINESS - None BOARD LIAISON REPORTS Supervisor Slaughter noted recent activities of the EDA including the upcoming Restaurant Week in the County and bilingual services being offered at the Small Business Development Center. Supervisor Wells noted the successful light show managed by the Parks and Recreation Department over the holidays. Minute Book 47 Board of Supervisors Regular Meeting of January 12, 2022 County of Frederick, Virginia 231 CITIZEN COMMENTS Ron Clark, Opequon District, said the 302 Smart Development Coalition is opposed to any annexation of land east of 1-81 by the Town of Middletown. He said Sheetz has a concept plan for a large truck stop on the parcel east of 1-81. He noted a preferable option is a grocery store such as Sheetz constructed in Morgantown, West Virginia. Priscilla Riddell-Bellido, Stonewall District, thanked the Board for their service to the community. BOARD OF SUPERVISORS COMMENTS Supervisor Dunn noted his earlier nay vote saying he wishes to change his vote and supports Supervisor McCarthy as Vice Chairman. Supervisor Graber offered congratulations to Brandon Monk on his election as School Board Chair. He proposed a joint meeting of the School Board and Board of Supervisors and suggested the School Board provide a categorical budget. Supervisor Ludwig likewise offered congratulations to Brandon Monk. ADJOURNMENT On motion of Vice Chairman McCarthy, seconded by Supervisor Graber, the meeting was adjourned at 8:22 p.m. Charles S. DeHaven, Jr. Michael Bollhoefer Chairman, Board of Supervisors County Administrator Minutes Prepared By: Ann W. Phillips Deputy Clerk, Board of Supervisors Minute Book 47 Board of Supervisors Regular Meeting of January 12, 2022 County of Frederick, Virginia 232 Board of Supervisors Meeting Minutes of January 12, 2022 - Appendix 1 PARKS AND RECREATION COMMISSION REPORT to the BOARD OF SUPERVISORS Wednesday January 12,2022 7:00 p.m. 107 NORTH KENT STREET,WINCHESTER,VIRGINIA To: Jay Tibbs, Deputy County Administrator for Human Services From: Jason L. Robertson, Director, Parks & Recreation Dept. Date: December 16, 2021 Subject: Parks and Recreation Commission Action The Parks and Recreation Commission met on December 14, 2021. Members present were: Guss Morrison, Natalie Gerometta, Gary Longerbeam, Ronald Madagan, Randy Carter, Charles Sandy,Jr. Members Absent: Dennis Grubbs, Amy Strosnider ITEMS REQUIRING ACTION BY BOARD OF SUPERVISORS: 1. None ITEMS SUBMITTED FOR INFORMATION ONLY 1. The Commission recommends accepting the attached Fees and Charges. 2. The Commission recommended the FY 2023 Operating and Capital Budget as presented. The Operating budget includes two new positions and staff position title/range change. The requests for staff changes will be forwarded to the Human Resources Committee for their recommendation. The request for a position title and range change will be forwarded to County Administration for determination of the appropriate process for this recommendation Cc: Charles R. Sandy, Chairman Robert Wells, Board of Supervisors' Non-Voting Liaison Minute Book 47 Board of Supervisors Regular Meeting of January 12, 2022 County of Frederick, Virginia 233 Board of Supervisors Meeting Minutes of January 12, 2022 - Appendix 2 PUBLIC SAFETY COMMITTEE REPORT to the BOARD OF SUPERVISORS Thursday December 9, 2021 8:30 a.m. 1080 COVERSTONE DRIVE, WINCHESTER,VIRGINIA ATTENDEES: Committee Members Present: Walt Cunningham, Judy McCann-Slaughter, Helen Lake and Chairman Bob Wells. Dave Stegmaier and Denny Linaburg were absent. Staff present: Deputy County Administrator Jay Tibbs, Fire & Rescue Chief Steve Majchrzak, Director of Public Safety Communications Tamara Perez, County Attorney Rod Williams ,Major Steve Hawkins, Volunteer Fire & Rescue President Dan Cunningham, Deputy Director of Emergency Management Chester Lauck, Sheriff Lenny Millholland, IT Director Scott Varner and Finance Director Cheryl Shiffler. ITEMS REQUIRING ACTION BY BOARD OF SUPERVISORS: 1. None ITEMS FOR INFORMATION ONLY: 1. Communications, Fire & Rescue, Sheriffs Office presented a brief outline of their FY23 budget requests: Communications Director Perez began the FY23 budget presentations by stating that her department's major budget requests are in personnel expenses. The overtime budget increase is warranted due to the mandatory 4 hours overtime built into the dispatcher's schedules, shift differential pay,which involves training of new staff, and incentives for working less favorable shift hours (7pm-7am). Career development has also increased as dispatchers become eligible to move forward in their position. Sheriff Millholland went over his major departmental expenses. They range from 29 new vehicles and 3 motorcycles, new Special Teams equipment/gear: as well as routers/antennas for his fleet of vehicles. Sheriff Millholland noted the rise in gasoline prices and required technology upgrades to current devices have been included in this budget request . He is also requesting funds to perform maintenance at the impound lot to install taller fencing, more secure gates, and perform needed repairs. The Sheriff discussed his request of$1,000,000 to upgrade the public safety software. Mr.Tibbs stated this request should be part of a broader conversation with the 3 Public Safety Department heads, the IT Director, and County Administration. He suggested forming an internal working group to discuss options, grants, incorporation of multiple services needed to perform departmental duties and the Minute Book 47 Board of Supervisors Regular Meeting of January 12, 2022 County of Frederick, Virginia 234 overall product compatibility between departments to get the best software available as the current software is at end of service. Chief Majchrzak presented his FY23 department request which included 8 additional firefighter/EMT personnel and 1 part-time ALS only paramedic. This part-time position has piqued interest in the community and firefighters as this area of expertise is at a critical shortage and it would not strain the available minimum staffing currently. The departments other major increases are in the areas of overtime, education/training, incentives, annual diagnostic testing. Fire & Rescue is also requesting a new bariatric ambulance and vehicle for their Emergency Management Coordinator who is on-call 24 hours a day. Chief Majchrzak presented an overview of a proposed comprehensive plan for where the department is and where it hopes to be over the next 10 years. He touched on the volunteer companies' responsibility of purchasing new vehicles, maintenance of them and their stations. 2. Revisit the request to hire and fund an additional Shift Supervisor within the Communications Department(see attached): Director Perez revisited the initial request, from the September Finance Committee's agenda, for an additional Shift Supervisor. Finance Director Shiffler stated that at that time there was not enough clarity to move the request forward for further discussions with the Board of Supervisors. She and Director Perez will be discussing ways to fund this position within the current budget. 3. Request to create Radio Administrator position and to fund as part of the FY23 budget(see attached): With the County's new radio system in its early stages, Director Perez requested the creation and funding of a Radio Administrator position. This position would be here at the start of the project, gain instrumental training in all aspects of the new system and become the point of contact for the Communications Department, Fire & Rescue and Sheriff's Office. With a project of this size and complexity, a single point of contact is crucial for training assistance, maintenance, and upkeep of the new system. Mr. Tibbs stated that at this time the current salary survey is the top priority of funding for the County and that if the position is added to the salary administration plan now,possibly in February, it can be funded when the time is right. The consensus from the Public Safety Committee was to send the request for the Radio Administrator position to the Human Resources Committee with a recommendation to create the position and add it to the salary administration plan. Minute Book 47 Board of Supervisors Regular Meeting of January 12, 2022 County of Frederick, Virginia 235 4. Other business: Sheriff Millholland made a comment regarding the recent events on November 2nd and November 3rd between his staff and a board member. He stated he is "disappointed that my deputy and sergeant were both put in the position where they had to defend their actions against somebody." Director Perez commended the GIS department for assisting in the seamless transfer to the new NG911 system on Wednesday December 8th. IT Director Varner added that they did the redistricting of the County at the same time and did a fantastic job with both. The Sheriff echoed gratitude for the IT department as they have been instrumental in assisting his office with current issues that have arisen. Respectfully submitted, Public Safety Committee Bob Wells Dave Stegmaier Denny Linaburg Judy McCann-Slaughter Helen Lake Walt Cunningham Minute Book 47 Board of Supervisors Regular Meeting of January 12, 2022 County of Frederick, Virginia 32PBoard of Supervisors Meeting Minutes of January 12, 202 - Appdix 3 TRANSPORTATION COMMITTEE REPORT to the BOARD OF SUPERVISORS Monday, December 27, 2021 8:30 a.m. 107 NORTH KENT STREET, WINCHESTER, VIRGINIA ATTENDEES: Committee Members Present:Judith McCann-Slaughter, Chairman (Voting), Gary Oates (Voting),James Racey(Voting), Charles DeHaven,Jr. (Voting), Cordell Watt(Voting) and Lewis Boyer(Liaison Stephens City). Committee Members Absent: Shawn Graber(Voting). Staff Present: Assistant Director-Transportation John Bishop, and Kathy Smith, Secretary. ITEMS REQUIRING ACTION BY BOARD OF SUPERVISORS: NONE ITEMS FOR INFORMATION ONLY: 1-Capital Improvement Plan Update: Staff gave a brief overview on the Transportation section of the Capital Improvement Plan that is updated annually. The Committee has requested Staff to include Phase 2 on the Priority 17-Widening of Route 11 North to the West Virginia line. Upon a motion by, Mr. Charles S. DeHaven, Jr. seconded by Mr. Gary Oates the Committee recommended to forward the Transportation section of the Capital Improvement Plan to the Board for recommendation of approval. This item will proceed as part of the overall Capital Improvement Plan when that comes to the Board. 2-County Project Updates:Crossover Boulevard aka Tevis Street Extension/Airport Road/1-81 Bridge: The final bills are being received and historic signs have been installed by Shenandoah Valley Battlefield Foundation. Renaissance Drive: Staff is making progress with CSX with some minor final changes that need to be made. Staff anticipate those changes to wrap up quickly. Staff is working with the owners of the Carbaugh property to finalize right-of-way plats. 3-Other: Staff discussed that the new Federal and State's Six-Year Plan projects may advance about two-years. This is when Federal dollars are available, they will be spent quickly with the shuffling of projects. Minute Book 47 Board of Supervisors Regular Meeting of January 12, 2022 County of Frederick, Virginia