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February 28 2018 Board_Agenda_Packet AGENDA REGULAR MEETING * FREDERICK COUNTY BOARD OF SUPERVISORS WEDNESDAY, FEBRUARY 28, 2018 * 7:00 P.M. BOARD ROOM, COUNTY ADMINISTRATION BUILDING 107 NORTH KENT STREET, WINCHESTER, VIRGINIA Call To Order Invocation Pledge of Allegiance Adoption of Agenda Attachment Consent Agenda -----------------------------------------------------------------------------------------------A Minutes Budget Work Session of February 14, 2018 Regular Meeting of February 14, 2018 Joint Work Session with School Board of February 21, 2018 Budget Work Session of February 21, 2018 Committee Reports ----------------------------------------------------------------------B Finance Committee P----------------------------------------------------C arks and Recreation Committee R-------------------------------------------------------D esolution Honoring David W. Ganse ---------------------------------------------------------------E Resolution Honoring Jim Wilson ----------------------------------------------------F Request from Frederick County Schools FCPS wishes to participate in the Spring 2018 VPSA Bond Sale and requests apublic hearing by the Board of Supervisors be scheduled for March 14, 2018 Citizen Comments Board of Supervisors Comments County Officials ---------------------------------------------------------------------G Committee Appointments Lord Fairfax Community College Board (LFCC) One application received One unexpired four-year term ending 06/30/19, Handley Regional Library Board No applications received One unexpired four-year term ending 11/30/21, Social Services Board - Red Bud District Representative One unexpired four-year term ending 06/30/20 Board of Building Appeals No applications received One unexpired five-year term ending 11/10/2018, Conservation Easement Authority willing to be reappointed Term of Bryan J. Green ending 03/14/18, -------------------------------------------------------------------------------------H GFOA Award Recognition of the Frederick County Finance Department for Receivingthe Government Finance Officers Association Distinguished BudgetPresentation Award -------------------------I Request from the Commissioner of the Revenue for Refund Integrity Staffing Solutions Inc. - $5228.76 --------------------------------------------------J Discussion: Supplemental Appropriation Request for $52,000,000to the FY2018 Construction Fund for the acquisitionof land and construction of a new Aylor Middle School Committee Business Finance Committee 1.General Fund supplemental appropriationsas requested Approval of items 1 through 3 on the Finance Committee Report recommended by consent agenda at the Finance Committee meeting. (3¤¤ 4 ¡ ¥®±  ££¨³¨®­ « ¨­¥®±¬ ³¨®­) B 2.The VJCCCA requests a General Fund budget transfer in the amount of $25,000 from salaries to client services. No local funds required. The committee recommends approval. (3¤¤ 4 ¡ ¥®±  ££¨³¨®­ « ¨­¥®±¬ ³¨®­) B Public Hearing (s) Conditional Use Permit #01-18 for Bryan M. Henry--------------------------------K Submitted for Establishment of a Landscaping Contracting Business in the RA (Rural Areas) Zoning District. The Property is Located at 639 RelianceRoad, Middletown, Virginia and is Identified with Property IdentificationNumber91-A-77 in the Opequon Magisterial District. Planning Commission Business Board Liaison Reports Citizen Comments Board of Supervisors Comments Adjourn MINUTES BUDGET WORK SESSION FREDERICK COUNTY BOARD OF SUPERVISORS February 14, 2018 MINUTES Frederick County Board of Supervisors Budget Work Session Wednesday,February 14, 2018 5:30 p.m. Board Room, 107 North Kent Street, Winchester, VA ATTENDEES Board of Supervisors: Finance Committee Members CALL TO ORDER DISCUSSION ADJOURN MINUTES REGULAR MEETING FREDERICK COUNTY BOARD OF SUPERVISORS MINUTES CLOSED SESSION AND REGULAR MEETING FREDERICK COUNTY BOARD OF SUPERVISORS WEDNESDAY, FEBRUARY 14, 2018 6:30 P.M. and 7:00 P.M. BOARD ROOM, COUNTY ADMINISTRATION BUILDING 107 NORTH KENT STREET, WINCHESTER, VIRGINIA ATTENDEES Board of Supervisors: Staff present: CALL TO ORDER CLOSED SESSION Blaine P. DunnAyeShannon G. Trout Aye Gary A. Lofton Aye Robert W. Wells Aye J.Douglas McCarthyAye Charles S. DeHaven, Jr. Aye JudithMcCann-SlaughterAye CALL TO ORDER INVOCATION PLEDGE OF ALLEGIANCE ADOPTION OF AGENDA - APPROVED ADOPTION OF CONSENT AGENDA – APPROVED -Minutes: Regular Meeting of January 10, 2018 - CONSENT AGENDA APPROVAL -Minutes:School Board Joint Work Session of January 16, 2018 - CONSENT AGENDA APPROVAL -Minutes: Budget Work Session of January 17, 2018 - CONSENT AGENDA APPROVAL -Minutes: Budget Work Session of February 7, 2018 - CONSENT AGENDA APPROVAL -Finance Committee Report(Appendix 1) - CONSENT AGENDA APPROVAL -Human Resources Committee Report (Appendix 2) - CONSENT AGENDA APPROVAL -Parks and Recreation Committee Report (Appendix 3) - CONSENT AGENDA APPROVAL -Public Works Committee Report (Appendix 4) - CONSENT AGENDA APPROVAL -Transportation Committee Report (Appendix 5) - CONSENT AGENDA APPROVAL -Amendment of Rules of Procedure CONSENT AGENDA APPROVAL RULES OF PROCEDURE FREDERICK COUNTY BOARD OF SUPERVISORS Adopted by the Frederick County Board of Supervisors at a Regular Meeting Held on May 28, 2003 ARTICLE I – MEETINGS Section 1-1.Annual Meeting; Schedule of Regular Meetings 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. 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 Supervisorspresent and voting on any such question, unless otherwise provided by law or these Rules of Procedure. The name of each member voting and how he or she voted will be recorded for each action taken by the Board of Supervisors. The Board of Supervisors has elected not to have a tiebreaker, as provided for by the Code of Virginia, 1950, as amended. Section 1-5.Motions Subject to limitations imposed hereafter in these rules, discussion of items on the agenda shall be permitted for purposes of clarifying the issues and/or the options available for consideration. No call for a vote shall be allowed until a member of the Board moves a specific action with reasonable clarity and each member of the Board has thereafter had an opportunity to speak to the specific motion. Motions shall require a second. When possible, Board members making complex, multi-part, or lengthy motions are requested to provide the clerk with a written copy of the motion at the time the motion is made. Section 1-6.Motion to Adjourn At a meeting of the Board, a motion to adjourn shall always be in order and shall be decided without debate, provided each member of the Board is given a reasonable opportunity to be heard. Section 1-7.Motions While a Question is Under Debate When a motion is under debate at a meeting of the Board, no motion shall be received unless it is one to amend, to refer to committee, for the previous question, for a substitute motion to lay on the table, or to recess or adjourn. Section 1-8.Reconsideration of Motions, Etc., Upon Which Vote Has Been Announced At any meeting of the Board, when any vote upon any motion, resolution, ordinance, or question has been previously announced, it may not be reconsidered unless and until a motion to that effect is presented by a member of the Board who previously 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 toreconsider is presented. Section 1-9.Robert’s Rules of Order; Suspending Rules [Amended 09/14/11][Amended 02/14/18] The proceedings of the Board of Supervisors, except as otherwise provided in these rules and by applicable State law, shall be governed by the latest version of Robert’s Rules of Order, Simplified and Applied, with the exception of motions to postpone. Motions to postpone shall be for durations as decided by the Board of Supervisors and in conformity with the Code of Virginia, 1950, as amended, as applicable. These Rules of Procedure of the Board may only be suspended on presentation of a motion to that effect, which is carried by majority vote of the members present and voting. Section 1-10.Board to Sit with Open Doors The Board of Supervisors shall sit with open doors, and all persons conducting themselves in an orderly manner may attend the meetings. However, the Board may hold closed meetings as permitted by law. Closed meetings may be placed on the agenda or may be requested by any member of the Board. However, no closed meeting shall be convened unless and until the Board has favorably acted on a motion to so convene, and then, only if such motion accurately states a lawful reason for such closed meeting as permitted by and outlined in Section 2.2-3711 of the Code of Virginia, 1950, as amended. Section 1-11.Limitations on Duration and Hour of Meetings; Adjournment Meetings of the Board of Supervisors shall not continue for more than 4 consecutive hours or later than 11:00 P.M. without the consent of a majority of the members present. Should it appear to the Chair that the matter or matters before the Board cannot be heard within the time remaining, the Chair shall poll the members of the Board to determine the desire of the members. The Chair shall adjourn or recess the meeting upon final action on the current agenda item unless a majority of the members agree to exceed the limits established by this section. Any items not taken up by the Board of Supervisors prior to adjourning will be added to the agenda of the next meeting without further action of the Board. ARTICLE II - OFFICERS Section 2-1.Chairman and Vice Chairman [Amended 01/14/09] At the annual or organizational meeting of the Board of Supervisors, as described in Section 1-1 hereof, the Board shall elect from its membership a Vice Chair, who shall serve for a one year term expiring on December 31st of the same year in which he or she is elected; provided, however, that unless the term of office has expired and the member has not been re- elected, the Vice Chair shall serve until their respective successor(s) shall have been elected and qualify. In the event that the Chair is absent from any meeting, the Vice Chair shall assume the authority and duties of the Chair. In the event the Chair and Vice Chair are absent from any meeting of the Board, then the members present at such meeting shall choose one of their number as temporary Chair by majority vote of the members present and voting. Section 2-2.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 2-3.Clerk The Clerk of the Board shall be the County Administrator, and the duties and responsibilities of that position shall be as specified in Sections 15.2-407 and 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 circumstancesmay require, and said employee shall have the same powers and duties outlined herein for the duration of said appointment. ARTICLE III - AGENDA Section 3-1.Preparation The Clerk shall prepare an agenda for each meeting of the Board of Supervisors, conforming to the order of business specified in Section 4-1 under Order of Business. Supporting information for every item to be placed on the regular meeting agenda shall be received in the Office of the County Administrator before noon on the Thursday that falls in the week immediately prior to the regularly scheduled Board meeting. Agendas for special meetings shall be prepared as far in advance as the circumstances necessitating the special meeting allow. The clerk shall include on the agenda all matters for which a written request and supporting information have been received in advance of the deadline herein established. Section 3-2.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 necessitatingthe special meeting allow. Section 3-3.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 at www.fcva.us,and outside the main entrance to the Board of Supervisors’ meeting room. Section 3-4.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 IV - CONDUCT OF BUSINESS Section 4-1.Order of Business [Amended 06/11/03]; [Amended 01/14/04]; [Amended 02/14/18] 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 Consent Agenda(Will contain Minutes and Committee Reports) Citizen Comments (Agenda Items Only, That Are Not Subject to Public Hearing.) Board of Supervisors Comments County Officials Committee Business Public Hearings (When Required) Planning Commission Items-Public Hearings (When Required) Planning Commission/Department-Other Items Liaison Reports (If Any) Citizen Comments Board of Supervisors Comments Adjournment Section 4-2.Adoption of Agenda The agenda presented for adoption shall be the agenda prepared and delivered as required in Article III. 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 4-3.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 ifeach had been acted upon individually. Section 4-4.Citizen Comments Period [Amended 4/14/04] [Amended 01/10/18]; [Amended 02/14/18] 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 Consent 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 should provide their name, the issue they want to address, and their Magisterial District of residence on the register provided. 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 onissues that are not part of the regular meeting agenda. 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 theircomments. Each speaker during the Citizen Comments periods shall be limited to one appearance per citizen comment period per meeting. Individuals speaking during the Citizen Comments periods shall be subject to a three minute time limitation. 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 VI-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 4-5.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 VI-Citizen Responsibilities. Any citizen or staff member who desires to address the Board during the County Officials portion of the agenda at a regular meeting shall submit a written request to the Clerk, or his/her designee, identifying, with reasonable certainty, thesubject matter of the presentation. Such request must be in the Clerk’s hands not later than the agenda deadline specified in Section 3- 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 V - PUBLIC HEARINGS Section 5-1.Format for Public Hearings 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 5-2.Order of Business At public hearings, 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 Hearing (e)Board Member Questions (f)Staff, Applicant Response (g)Board discussion and/or consideration Section 5-3.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 5-4.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 Boardof Supervisors. Presentations will be brief, concise summaries for the Supervisor’s and the public's information and understanding, provided that sufficient time will be allowed to present, properly and fairly, the subject matter. When written information has been provided prior to the hearing, that information should be summarized, and only new information should be presented in detail at the meeting. Section 5-5.Public Comment 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 VI-Citizen Responsibilities. Prior to permitting public comment, the Chair shall determine, to the best ofhis ability, the approximate number of persons desiring to comment at the public hearing and shall establish the manner in which speakers are recognized and the length of time each may speak. Should the Chair determine that the likely number of persons desiring to speak is 10 or more in number, he may direct that individuals desiring to speak register with staff, providing their name and the district in which they reside. Should registration be required, the Chair shall verify that all such registration has been completed before the hearings begin. Section 5-6.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 5-7.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 5-8.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 5-9.Staff and/or Applicant Response The Chairman shall call on the staff or applicant for any response on closing comments with reference to the public hearing presentations. Section 5-10. Close of Hearing When the Chair of the Board shall have closed a public hearing, no further public comments shall be received. Section 5-11.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 VI - CITIZEN RESPONSIBILITIES Section 6-1.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 6-2.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 6-3.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 2-2 of these rules. Board members are expected to observe the same decorum at all meetings. Section 6-4.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 andMagisterial Districtof residence prior to makingany further comments. Should a person be recognized to speak more than once, they shall identify themselves each time before speaking. Section 6-5.Organizational Representation Any person speaking at any portion of a meeting designated for public comment, who represents himself as being an officer or representative of an organization, group, association, corporation, or other entity, shall, upon request of a member of the Board, disclose for the organization, group, association, corporation, or other entity, the history, size, dues, structure, date of creation, requirements for membership, tax status; and shall reveal the organizations method of determining its official position and the speaker’s authority to represent the organization. Unreasonable failure to provide this information to the satisfaction of the Board of Supervisors shall bar the speaker from speaking on behalf of the organization. Section 6-6.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 6-7.Time Limits All persons speaking during any portion of a meeting designated for public comment shall observe all time limits established herein and shallyield the floor when informed their time has expired. Section 6-8.Registration[Amended 02/14/18] Should registration of speakers be required, all persons desiring to speak shall sign the register, providing their name andMagisterial Districtof residence. Section 6-9.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 6-10.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 VII - APPOINTMENTS Section 7-1.Appointments The Chairman shall appoint members of the Board to such authorities, boards, commissions, committees or other organizations or positions as the Boardshall so authorize and to appoint various citizen members to Board’s standing committees. Section 7.2.Committee Appointments [Amended 01/25/06]; [Amended 02/14/18] 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. 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 perspective nominee, the following process shall be followed: 1.Applications for vacancies are available through Board members and the County Administrator’s Office. A completed application shall be required for all initial nominations; however, a completed application for candidates being reappointed shall not be required. 2.Applications shall be received in the County Administrator’s Office up to 5:00 p.m. on the Thursday preceding a Boardmeeting in order that they might 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 VIII - AMENDMENTS Section 8-1.Amendments These Rules of Procedure may from time to time be revised, repealed, or otherwise amended upon an affirmative vote by a majority of the members of the Board of Supervisors present and voting. (Adopted: 05/28/03) (Amended: 06/11/03) (Amended: 01/14/04) (Amended: 04/14/04) (Amended: 01/25/06) (Amended: 01/14/09) (Amended: 09/14/11) (Amended: 01/10/18) (Amended: 02/14/18) + + + + + + + + + + + + -Resolution adding Lynnehaven Dr. to Secondary Road System - CONSENT AGENDA APPROVAL RESOLUTION BY THE FREDERICK COUNTY BOARD OF SUPERVISORS The Board of Supervisors of Frederick County, in regular meeting the following: WHEREAS, the streets described on the attached Form AM-4.3, fully incorporated herein by reference, are shown on plats recorded in the Clerks Office of the Circuit Court of Frederick County; and WHEREAS, the Resident Engineer of the Virginia Department of Traadvised this Board that the streets meet the requirements established by the Subdiv Street Requirements of the Virginia Department of Transportation; and WHEREAS, the County and the Virginia Department of Transportatiointo an agreement on June 9, 1993, for comprehensive stormwater detention which applies to this request for addition; and NOW, THEREFORE, BE IT RESOLVED, this Board requests the Virginia Department of Transportation to add the streets described in the attached Form AM-4.3 to the secondary system of state highways, pursuant to 33.2-705, Code of Virginia, and the Departments Subdivision Street Requirements; and BE IT FURTHER RESOLVED, this Board guarantees a clear and unrest-of-way, as described, and any necessary easements for cuts, fills and drainage; and BE IT FURTHER RESOLVED, that a certified copy of this resolutionthe Resident Engineer for the Virginia Department of Transportation. + + + + + + + + + + + + Resolution honoring Tom Baker - CONSENT AGENDA APPROVAL RESOLUTION OF APPRECIATION HONORING THE LIFE OF TOM BAKER WHEREAS, Tom Baker was born 1938 in Winchester to the late Mary Baker, and graduated in 1956 from Handley High School where he w WHEREAS, Tom Baker went on to attend Virginia Tech graduating in Engineering and settled with his wife Sheila in Winchester in 19 WHEREAS, under the guidance of Tom and his wife Sheila, Camp Fanstic serving those children and families affected by cancer was conceived and funded beginning i WHEREAS, Tom Baker also co-founded Special Love, Incorporated, to support and fund future Fantastic events and activities, and WHEREAS, the Winchester-Frederick County community greatly benefited from the dedicated and tireless energy of Tom Baker in his many community-based end their home and surrounding land by Tom and his wife to help creaevelopment Center, NOW, THEREFORE BE IT RESOLVED, that the Frederick County Board o sincerest thanks and appreciation for Tom Baker and honors his l volunteerism in the community. ADOPTED this 14th day of February 2018. + + + + + + + + + + + + -Resolution of appreciation for retiree Joseph G. Dove - CONSENT AGENDA APPROVAL FREDERICK COUNTY RESOLUTION OF APPRECIATION - JOSEPH G. DOVE WHEREAS, Joseph G. Dove served Frederick County, Virginia, for a at the Northwestern Regional Adult Detention Center; and WHEREAS, Joseph G. Dove began his career as a Correctional Offic to Correctional Officer II in 1995, Correctional Officer III in 2005; and WHEREAS, during his tenure, Joseph G. Dove progressively took on assignments and was noted for the accuracy of his work as well aerior communication skills; and WHEREAS, Joseph G. Dove was an effective leader and team player various required duties and was widely recognized as one who cou time of need, NOW, THEREFORE BE IT RESOLVED, that the Frederick County Board of Sup sincerest thanks to Joseph G. Dove for his dedication and depend his future endeavors. BE IT FURTHER RESOLVED, that this resolution be spread across the minutes of the Frederick County Board of Supervisors for all citizens to reflect upon the accomp th ADOPTED this 14day of February 2018. + + + + + + + + + + + + -Resolution of appreciation for retiree Linda Gail Baker - CONSENT AGENDA APPROVAL FREDERICK COUNTY RESOLUTION OF APPRECIATION LINDA GAIL BAKER WHEREAS, Linda Gail Baker served Frederick County, Virginia, for employee in the Parks and Recreation Department; and WHEREAS, Linda Gail Baker became a part-time employee in 1982 and then began her full-time career as a Clerk Typist II in 1984 and received promotions to Clerk Ty Registration Specialist in 1999; and WHEREAS, during her tenure, Linda Gail Baker was noted for her a ensure the accuracy of her work; and WHEREAS, Linda Gail Baker continued to enhance her customer serv County residents and assisted in increasing the efficiency of the Parks and Re NOW, THEREFORE BE IT RESOLVED, that the Frederick County Board o sincerest thanks to Linda Gail Baker for her dedication and depeer all of the best in her future endeavors. BE IT FURTHER RESOLVED, that this resoluti the Frederick County Board of Supervisors for all citizens to re public servant. ADOPTED this 14th day of February 2018. + + + + + + + + + + + + -Resolution on Proffer Legislation Reform- CONSENT AGENDA APPROVAL Resolution Strongly Encouraging the General Assemblys Most Serious Consideration to Meaningful Reform of the Proffer Legislation WHEREAS, in 2016 the Virginia General Assembly passed SB 549 Con applicable to certain rezoning proffers, which was enacted as §1-2303.4 as an amendment to the Code of Virginia; and WHEREAS, this change has caused confusion at the locality level application to the rezoning process and has hindered communicati development community as to the best way to address the impacts WHEREAS, the Frederick County Board of Supervisors in 2017 and in 2018 included the r of SB 549 as part of its legislative priorities; and WHEREAS, during the 2018 General Assembly Session several bills address concerns with §15.2-2303.4; and WHEREAS, House Bill 163, patroned by Delegate R. Lee Ware, was a localities with some guidance relative to the implementation of WHEREAS, HB 163 and many of the other proposed bills relative to NOW, THEREFORE, BE IT RESOLVED, that the Frederick County Board encourages the Virginia General Assembly to give its most seriou the proffer legislation through these and other bills as it move Session, and in the 2019 Session, so as to allow local governmen in meeting the impacts of development. ADOPTED this 14th day of February, 2018 + + + + + + + + + + + + -Resolutions regarding General Assembly Legislation - CONSENT AGENDA APPROVAL AResolutiontostronglyrequestthatSenatorJillVogelandDelegatesChristopherE.Collins,David LaRockandWendyGooditisOPPOSEHouseBill786(MarkL.Kearn)andHouseBill787 (Mark L. Kearn) now pending before the Virginia General Assembly WHEREAS, the Virginia General Assembly has convened to consider would amend laws affecting the authority and operation of Virgin WHEREAS, House Bill 786, introduced by Delegate Mark L. Kearn, p for relief from local taxes, the taxpayer shall not be required manifest error or disregard of controlling evidence; and WHEREAS, House Bill 786 also provides that on an appeal to court can rebut the presumption of correctness if any one of the three the asssessor; and WHEREAS, House Bill 786 would increase the number of cases that which would increase legal costs for localities; and WHEREAS, House Bill 787 would provide that on appeal of a real p equalization, the taxpayer shall not be required to show that th disregard of controlling evidence; and WHEREAS, House Bill 787 would increase the number of cases that Equalization. NOW, THEREFORE, BE IT HEREBY RESOLVED that the Board of Supervis Virginia, hereby expresses its strongest opposition to pending H requests that Senator Jill Vogel and Delegates Christopher E. Co Gooditis join in opposing and voting to disapprove House Bill 78 NOW THEREFORE, BE IT FURTHER RESOLVED, that the Board of the Cou Virginia directs the Clerk to send a copy of this resolution to Christopher E. Collins, David LaRock, and Wendy Gooditis. ADOPTED this 14th day of February, 2018 * A Resolution to strongly request that Senator Jill Vogel andDelegatesChristopherE.Collins,DavidLaRockandWendyGooditisOPPOSEHouseBill1471 (Timothy D. Hugo) now pending before the Virginia General Assembly WHEREAS, the Virginia General Assembly has convened to consider would amend laws affecting the authority and operation of Virgin WHEREAS, the Board of Supervisors believes House Bill 1471, intr allow an aggrieved employee to decide whether the final step in before an administrative hearing officer or a three-member panel. Currently, Frederick County's Personnel Policy provides that the final step shall be an impart-member panel hearing. Furthermore, if there is a question whether the relief granted in policy, the proposed bill states such determination shall be made by the Com County Administrator who currently makes such a determination. NOW, THEREFORE, BE IT HEREBY RESOLVED that the Board of Supervisk County, Virginia, hereby expresses its strongest opposition to pending H Jill Vogel and Delegates Christopher E. Collins, David LaRock, a and voting to disapprove House Bill 14 71. NOW THEREFORE, BE IT FURTHER RESOLVED, that the Board of the Cou Virginia directs the Clerk to send a copy of this resolution to Christopher E. Collins, David LaRock, and Wendy Gooditis. ADOPTED this 14th day of February, 2018 * A Resolution to strongly request that Senator Jill Vogel and Delegates Christopher E. Collins, David LaRock and Wendy Gooditis OPPOSE Senate Bill 751 (GlenH.Sturtevant,Jr.)nowpendingbeforetheVirginiaGeneralAssembly WHEREAS, the Virginia General Assembly has convened to consider would amend laws affecting the authority and operation of Virgin WHEREAS, Senate Bill 751, introduced by Glen H. Sturtevant, Jr.,d require every locality with a population greater than 25,000 to post on their websites a regis the vendor name, date of payment, amount and description of the WHEREAS, the Board of Supervisors believes that Senate Bill 751 time to implement since staff would need to review the transacti WHEREAS, the Board of Supervisors believes that localities shoul of complying with the unfunded mandate; and NOW, THEREFORE, BE IT HEREBY RESOLVED that the Board of Supervis Virginia, hereby expresses its strongest opposition to pending S Jill Vogel and Delegates Christopher E. Collins, David LaRock, ajoin in opposing and voting to disapprove Senate Bill 751. NOW THEREFORE, BE IT FURTHER RESOLVED, that the Board of the Cou Virginia directs the Clerk to send a copy of this resolution to Senator Jill Vogel and Delegates Christopher E. Collins, David LaRock, and Wendy Gooditis. ADOPTED this 14th day of February, 2018 * A Resolution to strongly request that Senator Jill Vogel and Delegates Christopher E. Collins, DavidLaRock and Wendy Gooditis SUPPORT Senate Bill 108 (L. Louise Lucas) now pending before the Virginia General Assembly WHEREAS, the Virginia General Assembly has convened to consider would amend laws affecting the authority and operation of Virgin WHEREAS, Senate Bill 108, introduced by Senator L. Louise Lucas publication for the enforcement of a lien for taxes owed on real less need be published only once; and WHEREAS, under current law, such order is required to be publish successive weeks; and WHEREAS, the majority of the properties sold in Frederick Countydue taxes have a value of $50,000 or less; and WHEREAS, the Board of Supervisors believes that this change woul while still adequately notifying interested parties. NOW, THEREFORE, BE IT HEREBY RESOLVED that the Board of Supervisty, Virginia, hereby expresses its strongest support to pending SenaSenator Jill Vogel and Delegates Christopher E. Collins, David LaRock, and Wejoin in supporting and voting to approve Senate Bill 108. NOW THEREFORE, BE IT FURTHER RESOLVED, that the Board of the County of Fre Virginia directs the Clerk to send a copy of this resolution to Christopher E. Collins, David LaRock, and Wendy Gooditis. ADOPTED this 14th day of February, 2018 + + + + + + + + + + + + CITIZEN COMMENTS BOARD OF SUPERVISORS COMMENTS COUNTY OFFICIALS: EMPLOYEE OF THE MONTH –CHARLES L. SIMPSON - APPROVED WHEREAS, on September 9, 1992, the Board of Supervisors approved Employee of the Month award and candidates for the award may be nominated by any County employee; and, WHEREAS, the Board of Supervisors upon recommendation by the Hum one employee from those nominated; and, WHEREAS, Charles L. Simpson who serves as a Correctional Officer II with the Northwestern Regional Adult Detention Center was nominated for Employee of the Month; WHEREAS, On Friday December 8, 2017, Officer Charles Simpson was Management Unit and was conducting his security rounds when he o and appeared to be sleeping. Officer Simpson took a few extra se that the inmate was unresponsive and in possible need of medicalen called to get Nursing staff in the area and eventually assisted in gett be evaluated. The inmate was sent to the hospital and placed in Due to Officer Simpsons diligence and utilizing his job experie received treatment and was returned to the facility; and, NOW, THEREFORE BE IT RESOLVED, by the Frederick County Board of th day of February 2018, that Charles L. Simpson is hereby recognized as t Month for February 2018; and, BE IT FURTHER RESOLVED that the Board of Supervisors extends gra his outstanding performance and dedicated service and wishes him and, BE IT FURTHER RESOLVED, that Charles L. Simpson is hereby entitl privileges associated with his award. + + + + + + + + + + + + COMMITTEE APPOINTMENTS APPOINTMENT OF CHARLES DEHAVEN TODEVELOPMENT IMPACT MODEL OVERSIGHT COMMITTEE - APPROVED APPOINTMENT OF DAWN ROBBINS TO THE COMMUNITY POLICY AND MANAGEMENT TEAM - APPROVED APPOINTMENT OF ALANMORRISON TO THE SOCIAL SERVICES BOARD AS GAINESBORO DISTRICT REPRESENTATIVE - APPROVED REQUEST FROM THE COMMISSIONER OF THE REVENUE FOR REFUNDS – APPROVED BlaineP. Dunn Aye Shannon G. Trout Aye Gary A. Lofton Aye Robert W. Wells Aye J. Douglas McCarthy Aye Charles S. DeHaven, Jr. Aye Judith McCann-SlaughterAye Blaine P. Dunn Aye Shannon G. Trout Aye Gary A. Lofton Aye Robert W. Wells Aye J. Douglas McCarthy Aye Charles S. DeHaven, Jr. Aye JudithMcCann-SlaughterAye APPOINTMENT OF GARY LOFTON TO PRESCHOOL COMMUNITY TASK FORCE –APPROVED EXTENSION OF SEWER SERVICE OUTSIDE OF SEWER AND WATER SERVICE AREA – APPROVED Blaine P. Dunn Aye Shannon G. Trout Aye Gary A. Lofton Aye Robert W. Wells Aye J. Douglas McCarthy Aye Charles S. DeHaven, Jr. Aye JudithMcCann-SlaughterAye RESOLUTION AUTHORIZING THE FREDERICK COUNTY SANITATION AUTHORITY (DBA FREDERICK WATER) TO PROVIDE SEWER SERVICE OUTSIDE OF THE SEWER AND WATERSERVICEAREATOSERVEANEXISTINGBUSINESS(SHAFFERSBBQPALACE,LLC) WHEREAS, An existing business, on a 0.92-acre lot, is seeking the use of public sewer for its existing business. The property is located at 8140 Valley Pike on the we of the Town of Middletown, immediately adjacent to the Cedar Cre Property Identification Number 91-A-27, in the Back Creek Magisterial District; and WHEREAS, This extension of sewer service would only serve the exist WHEREAS, The extension of sewer service outside of the Sewer and sponsored and presented to the Board of Supervisors by the Back erial District Supervisor on February 14, 2018. NOW, THEREFORE, BE IT RESOLVED, that the Board of Supervisors of Virginia approves the extension of sewer service outside of the 0.92-acre parcel; and BE IT FURTHER RESOLVED, that the Board of Supervisors does hereb County Sanitation Authority (dba Frederick Water) to serve the 0acre parcel. Adopted this 14th day of February, 2018. + + + + + + + + + + + + COMMITTEE BUSINESS FINANCE COMMITTEE: GENERAL FUND ADJUSTMENT - APPROVED Blaine P. Dunn Aye Shannon G. Trout Aye Gary A. Lofton Aye Robert W. Wells Aye J. Douglas McCarthy Aye Charles S. DeHaven, Jr. Aye JudithMcCann-SlaughterAye HUMAN RESOURCES COMMITTEE: THREE NEW POSITIONS - APPROVED Blaine P. Dunn Aye Shannon G. Trout Aye Gary A. Lofton Aye Robert W. Wells Aye J. Douglas McCarthy Aye Charles S. DeHaven, Jr. Aye JudithMcCann-SlaughterAye TRANSPORTATION COMMITTEE: AMENDMENT OF COMMITTEE CHARTER - APPROVED Blaine P. Dunn Aye Shannon G. Trout Aye Gary A. Lofton Aye Robert W. Wells Aye J. Douglas McCarthy Aye Charles S. DeHaven, Jr. Aye JudithMcCann-SlaughterAye PUBLIC HEARING REZONING #06-17FOR K & J INVESTMENT, LLC - APPROVED Submitted by StoweEngineering, PLC, to Rezone 2.459+/- Acresfrom the RA (Rural Areas)Districtto the B2 (General Business) Districtwith Proffers, 0.936+/- Acres of Land Zoned RP (Residential Performance)District to theB2 (General Business) District with Proffers, and 0.488+/- Acres ofLand Zoned M1 (Light Industrial)District to the B2 (General Business)District with Proffers. The Properties areLocated at the Northeast Cornerof the Intersection of Martinsburg Pike andSnowden Bridge Boulevard andare Identified by Property Identification Numbers43-A-147, 43-A-148, 43-A-149,and 43-A- 151C in the StonewallMagisterial District. Blaine P. Dunn Aye Shannon G. Trout Aye Gary A. Lofton Aye Robert W. Wells Aye J. Douglas McCarthy Aye Charles S. DeHaven, Jr. Aye JudithMcCann-SlaughterAye AN ORDINANCE AMENDING THEZONINGDISTRICTMAP REZONING#06-17K&JINVESTMENTS,LC WHEREAS, REZONING #06-17 K & J Investments, LC, submitted by Stowe Engineering, PLC to rezone 2.459± acres from RA (Rural Areas) District to the B2 (Geoffers, 0.936± acres of land zoned RP (Residential Performance) District with proffers and 0.488± acres of land zoned M1 (Light Industria District with proffers with a final revision date of October 27, 2017 was considered. The subject properties are located at the northeast corner of the intersecti Snowden Bridge Boulevard. The properties are located in the Stonewall Magisterire identified by Property Identification Nos. 43-A-147, 43-A-148, 43-A-149 and 43-A-151C; and WHEREAS, the Planning Commission held a public hearing on this rezoning o and recommended approval; and WHEREAS, the Board of Supervisors held a public hearing on this rezonin 2018; and WHEREAS, the Frederick County Board of Supervisors finds the approval o in the best interest of the public health, safety, welfare, and 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 2.459± acres from RA (Rural Areas) District to the B2 (General BDistrict with proffers, 0.936± acres of land zoned RP (Residential Performance) District to the proffers and 0.488± acres of land zoned M1 (Light Industrial) Di District with proffers with a final revision date of October 27, 2017. The conditions vo proffered in writing by the Applicant and the Property Owner are This ordinance shall be in effect on the date of adoption. Passed this 14th day of February 2018 + + + + + + + + + + + + PLANNING COMMISSION BUSINESS: SETTING CIP PUBLIC HEARING FOR MARCH 14, 2018 - APPROVED Blaine P. Dunn Aye Shannon G. Trout Aye Gary A. Lofton Aye Robert W. Wells Aye J. Douglas McCarthy Aye Charles S. DeHaven, Jr.Aye JudithMcCann-SlaughterAye DISCUSSION: PROPOSED ORDINANCE AMENDMENT – SOLAR (PHOTOVOLTAIC) ENERGY FACILITY–REFERRED BACK TO STAFF BOARD LIAISON REPORTS CITIZEN COMMENTS BOARD OF SUPERVISORS COMMENTS ADJOURN Cheryl B. Shiffler TO: Board of Supervisors FROM: Finance Committee DATE: January 18, 2018 SUBJECT: Finance & Audit Committees Reports and Recommendations A Finance Committee meeting was held in the First Floor Conference Room at 107 North Kent Street Wednesday, January 17, 2018 at 3:00 p.m. An Audit Committee meeting immediately followed. All members were present. A budget work session followed at 4:00 p.m. FINANCE COMMITTEE 1.The Fire & Rescue Chief provides information on the SCBA replacement costs, and notification that potential grant funding was not awarded, which will result in the use of lSee attached memo, p. 3  4. The committee reached consensus on proceeding with the purchase now, and a General Fund adjustment in the amount of $607,880.50to followat the next scheduled Board of Supervisors meeting as a consent item. AUDIT COMMITTEE 1.David Foley from Robinson, Farmer, Cox Associates will present t FY 2017 CAFR and be available for discussion of the upcoming FY 2018 audit. The FY 2017 CAFR is available in dropbox or online at: www.fcva.us/CAFR. See attached memo, p. 5  6. The committee accepted the report and authorized the Finance Committee Chairman to sign the engage 2018 audit. No Board action required. BUDGET WORK SESSION 1.Discussion on the FY 2019 budget. INFORMATION ONLY 1.The Finance Director provides a Fund 10 Transfer Report for December 2017. See attached, p. 7. 1 Finance & Audit Committees Reports and Recommendations January 17, 2018 Page 2 2.The Finance Director provides financial statements ending December 31, 2017. See attached, p. 8  18. 3.The Finance Director provides an FY 2018 Fund Balance Report endJanuary 11, 2018. See attached, p. 19. Respectfully submitted, FINANCE COMMITTEE Judith McCann-Slaughter, Chairman Charles DeHaven Gary Lofton Angela Rudolph Jeffrey Boppe By ___________________________ Cheryl B. Shiffler, Finance Director 2 MEMO To: From: Subject: Date: MEMORANDUM TO: FROM: SUBJECT: DATE: ***Items Not Requiring Action*** a) (Attachment 1) b) (Attachment 2) c) (Attachment 3) d) (Attachment 4) Public Works CommitteeReport Page 2 February 1, 2018 Attachment 5) Attachment 6) Attachment 7) Attachment 8) Attachment 9) Public Works CommitteeReport Page 3 February 1, 2018 Attachment 10) MEMORANDUM TO: FROM: RE: DATE: ***Items Requiring Board Action*** 1.Committee Charter Update(see attached): Upon a motion by Mr. Schnoor, seconded by Mr. Racey to forward an increase in membership of the Committee to the Board of Supervisors for recommendation of approval. The motion was unanimously approved. ***Items Not Requiring Board Action*** 2.SmartScale Application Discussion: Exit 307 ImprovementsFrederick County, MPO, RC Exit 317 and Redbud RoadFrederick County, MPO, RC Route 11 North (4lane widening)Frederick County, MPO Route 11 South(Shawnee Drive Area)Frederick County, MPO, Winchester Route 11 South (Stars Study Results)Frederick County, MPO Exit 313 BridgeFrederick County, MPO, RC Route 37 (Lenoir Drive slip ramps)Frederick County, MPO Route 277 (Sherando Park Entrance)Frederick County Costello Drive/Route 522 IntersectionFrederick County Route 7Frederick County Inverlee WayFrederick County 3.County Project Updates Tevis Street Extension/Airport Road/I-81 Bridge: Renaissance Drive: Coverstone Drive: Jubal Early Drive Extension and Interchange with Route 37: 4.Upcoming Agenda Items: February March 5.Other Business: MINUTES JOINT WORK SESSION FREDERICK COUNTY BOARD OF SUPERVISORS AND SCHOOL BOARD February 21, 2018 MINUTES Frederick County Board of Supervisors Joint Work Session with Frederick County School Board Wednesday,February 21, 2018 4:00 p.m. Board Meeting Room, 107 North Kent Street,Winchester, VA ATTENDEES Board of Supervisors: School Board: FrederickCo.FinanceCommitteeMembers CALL TO ORDER PRESENTATION – HIGHLIGHTS OF THE SUPERINTENDENT’S PROPOSED 2018- 2019 BUDGET DISCUSSION ADJOURN MINUTES BUDGET WORK SESSION FREDERICK COUNTY BOARD OF SUPERVISORS February 21, 2018 MINUTES Frederick County Board of Supervisors Budget Work Session Wednesday,February 21, 2018 5:15 p.m. Board Room, 107 North Kent Street, Winchester, VA ATTENDEES Board of Supervisors: Finance Committee Members CALL TO ORDER DISCUSSION ADJOURN Cheryl B. Shiffler TO: Board of Supervisors FROM: Finance Committee DATE: February 21, 2018 SUBJECT: Finance Committee & Budget Work Session Report and Recommendations A Finance Committee meeting was held in the First Floor Conference Room at 107 North Kent Street Wednesday, February 21, 2018 at 3:45 p.m. All members were present. () Items 1, 2, and 3 were approved under consent agenda. A budget work session followed at 4:00 p.m. FINANCE COMMITTEE 1.() The Sheriff requests a General Fund supplemental appropriation in the amount of $1,000. This amount represents a DARE donation. No local funds required 3. 2.() The Sheriff requests a General Fund supplemental appropriation in the amount of $5,051.12. This amount represents an auto claim reimbursement. No local fu memo, p. 4. 3.() The Deputy County Administrator requests a General Fund supplemental appropriation in the amount of $6,996. This amount represents a property claim reimbursement for water damage at Millwood Fire Station. No local funds required. See 5. 4.The VJCCCA requests a General Fund budget transfer in the amount of $25,000 from salaries to client services. No local funds required. See attached memo, p. 6. The committee recommends approval. BUDGET WORK SESSION 1.Discussions were held on the FY 2019 budget. The Frederick County Public Schools Superintendent presented the schools proposed FY2019 budget. 1 Finance Committee Report and Recommendations February 21, 2018 Page 2 INFORMATION ONLY 1.The Deputy County Administrator provides information regarding the Triennial Applications for Real Property Tax Exemptions. See attached information, p. 7  52. 2.The Finance Director provides a Fund 10 Transfer Report for January 2018. See attached, p. 53. 3.The Finance Director provides financial statements ending Januar. See attached, p. 54  64. 4.The Finance Director provides an FY 2018 Fund Balance Report ending February 15, 2018. See attached, p. 65. 5.Frederick County has received the Distinguished Budget Presentat 2018 budget from the Government Finance Officers Association of st (GFOA) for the 31 consecutive year. See the attached award letter, p. 66  67. Respectfully submitted, FINANCE COMMITTEE Judith McCann-Slaughter, Chairman Charles DeHaven Gary Lofton Angela Rudolph Jeffrey Boppe By ___________________________ Cheryl B. Shiffler, Finance Director 2 3 4 5 6 COUNTY of FREDERICK Jay E. Tibbs TO: Finance Committee FROM: Jay E. Tibbs, Deputy County Administrator SUBJECT: Triennial Applications for Real Property Tax Exemptions DATE: February 13, 2018 Pursuant to Frederick County Code, Chapter 155 Taxation, 155-153 B, please find attached the Triennial Applications for Real Property Tax Exemptions. This triennial filing is required by each organization which owns real property exempt from taxation as designated by t General Assembly. By way of background, in 2015 the Board of Supervisors amended the those organizations whose property is exempted from taxation. Attached for your reference are the applications and a listing of the organizations that have filed their application which also shows if their exemption is designated in the County Code. You will note there are three organizations which have a Board of Supervisors tax exempt designation per the County Code; however, those organizations have either sold the respective exe If the Committee so desires, it would be appropriate to recommend to the Board of Superviso County Code be amended to remove those parcels from the designation. A Board of Supervisors would be required. The forms are being presented to the Finance Committee for infor required unless the Board desires to revoke a board-granted exemption or wishes to amend the Code to address those parcels that are no longer in the possession of th Attachment 7 ã 9ã;’¦· h©m“zé·zš“­  w;¨Ò;­·­ EzŒ;7 ­ šE ‰ ‰  5;­zm“·;7 ;ã;’¦· z“ /š7; The Arc of the Northern Shenandoah Valley ã Belle Grove Inc.ã Blue Ridge Hospice ã Cedar Creek Battlefield Foundation ã Civil War Preservation TrustNO*Properties were acquired in intervening period. The Fort Collier Civil War Center Inc.ã Frederick United Methodist Housing Development Corp.ã Kernstown Battlefield Association ã Leary Educational Foundation dba Timber Ridge School ã The Nature Conservancy ã The Salvation Army ã Potomac Appalachian Trail Club ã Shenandoah Valley Battlefield Foundation ã Shenandoah Valley Community Residences Inc.ã Stone House Foundation ã Westminster Canterbury of Winchester Inc.NO Winchester Isaac Walton Club ã Winchester Frederick Co Conservation Club Inc.ã Woodmen of the World ã Youth Development Center 㠁ã 9ã;’¦· ¦;© /š7; ,Ò· “š· ä;· EzŒ;7t NW Works (SOLD) People to People - Project HOPE (SOLD) Wayside Foundation for the Arts (FORECLOSED) 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 JANUARY 2018 BUDGET TRANSFERS Page 1 DATEDEPARTMENT/GENERAL FUNDREASON FOR TRANSFERFROMTOACCTCODEAMOUNT 1/10/2018SHERIFFSPECIALTY RESPONSE VEHICLE31025413000007 (1,500.00) SHERIFF31028005000000 1,500.00 1/11/2018SHERIFFEQUIPMENT FOR PATROL SUPERVISOR RESPONSE VEHICLE31028005000000 (13,855.00) SHERIFF31025408000000 13,855.00 1/16/2018FIRE AND RESCUECOVER APPROVED TUITION REIMBURSEMENT35053004000001 (602.00) FIRE AND RESCUE35052013000000 602.00 1/16/2018ELECTORAL BOARD AND OFFICIALSCOPIER LEASE13019001000000 (270.00) REGISTRAR13029001000000 270.00 1/16/2018PARKS AND RECREATION ADMINISTRATIONREGISTRATION SOFTWARE MAINTENANCE71015204000002 (686.00) PARKS AND RECREATION ADMINISTRATION71013005000000 686.00 1/18/2018COMMISSIONER OF THE REVENUEGASOLINE - COR BUDGET12094003000002 800.00 REASSESSMENT/BOARD OF ASSESSORS 12104003000002 (800.00) 1/18/2018ELECTORAL BOARD AND OFFICIALSRECOUNT OFFICIALS LUNCH13013010000000 (123.50) ELECTORAL BOARD AND OFFICIALS13015413000000 123.50 1/18/2018MAINTENANCE ADMINISTRATIONTIME INADVERTENTLY ENTERED AS OT VERSUS COMP 43011003000000 (21.86) MAINTENANCE ADMINISTRATION43011005000000 21.86 1/25/2018INFORMATION TECHNOLOGYFIRE AND RESCUE LEASE PAYMENT #1 - laptops12205401000004 (11,877.87) INFORMATION TECHNOLOGY12209001000000 11,877.87 1/25/2018COMMONWEALTH'S ATTORNEY2018 DODGE FORFEITED ASSETS22015413000008 (13,531.91) COMMONWEALTH'S ATTORNEY22018005000000 13,531.91 COMMONWEALTH'S ATTORNEY22015413000007 (17,247.09) COMMONWEALTH'S ATTORNEY22018005000000 17,247.09 1/26/2018AGRICULTUREADDITIONAL DUES/SUBSCRIPTIONS83015401000000 (480.90) AGRICULTURE83015411000000 480.90 1/29/2018COUNTY OFFICE BUILDINGS/COURTHOUSEFLOOD INSURANCE COURTHOUSE43045302000005 (496.80) COUNTY OFFICE BUILDINGS/COURTHOUSE43045302000000 496.80 1/30/2018REFUSE COLLECTIONCOMPACTOR INSTALL/HOPPER42038900000000 (75,300.00) REFUSE COLLECTION42038006000000 75,300.00 1/30/2018COUNTY OFFICE BUILDINGS/COURTHOUSEREPAIRS TO FIRE STATION DUE TO WATER LEAK43045302000021 (564.24) COUNTY OFFICE BUILDINGS/COURTHOUSE43043004000021 564.24 COUNTY OFFICE BUILDINGS/COURTHOUSE43045408000021 (500.00) COUNTY OFFICE BUILDINGS/COURTHOUSE43043004000021 500.00 COUNTY OFFICE BUILDINGS/COURTHOUSE43045403000021 (800.00) COUNTY OFFICE BUILDINGS/COURTHOUSE43043004000021 800.00 COUNTY OFFICE BUILDINGS/COURTHOUSE43043005000021 (861.03) COUNTY OFFICE BUILDINGS/COURTHOUSE43043004000021 861.03 1/30/2018COUNTY ADMINISTRATORSALARY INCREASES 1/1812011001000021 (1,106.50) COUNTY ADMINISTRATOR12011001000031 1,106.50 HUMAN RESOURCES12031001000042 (10,685.08) HUMAN RESOURCES12031001000043 10,685.08 INFORMATION TECHNOLOGY12201001000021 (8,109.37) INFORMATION TECHNOLOGY12201001000025 8,109.37 FIRE AND RESCUE35051007000001 (3,001.45) FIRE AND RESCUE35051001000028 3,001.45 FIRE AND RESCUE35051007000001 (3,009.30) FIRE AND RESCUE35051001000098 3,009.30 FIRE AND RESCUE35051007000001 (3,016.39) FIRE AND RESCUE35051001000004 3,016.39 FIRE AND RESCUE35051007000001 (3,007.03) FIRE AND RESCUE35051001000025 3,007.03 FIRE AND RESCUE35051007000001 (2,836.12) FIRE AND RESCUE35051001000095 2,836.12 FIRE AND RESCUE35051007000001 (2,604.55) FIRE AND RESCUE35051001000002 2,604.55 FIRE AND RESCUE35051007000001 (2,838.03) FIRE AND RESCUE35051001000009 2,838.03 FIRE AND RESCUE35051007000001 (2,434.49) FIRE AND RESCUE35051001000105 2,434.49 FIRE AND RESCUE35051007000001 (2,427.29) FIRE AND RESCUE35051001000026 2,427.29 FIRE AND RESCUE35051007000001 (3,011.21) FIRE AND RESCUE35051001000044 3,011.21 FIRE AND RESCUE35051007000001 (3,048.42) FIRE AND RESCUE35051001000042 3,048.42 FIRE AND RESCUE35051007000001 (2,616.24) FIRE AND RESCUE35051001000023 2,616.24 REFUSE COLLECTION42033002000000 (2,126.94) REFUSE COLLECTION42031001000001 2,126.94 1/30/2018COMMONWEALTH'S ATTORNEYDUES AND MEMBERSHIP22015401000000 (200.00) COMMONWEALTH'S ATTORNEY 22015801000000 200.00 2/6/2018PARKS AND RECREATIONNEWSPAPER SUBSCRIPTION71015204000001 (20.20) PARKS AND RECREATION71015411000000 20.20 2/6/2018SHERANDO PARKRENTAL LIFT SHED ADDITION71103010000000 (721.97) SHERANDO PARK71109001000000 721.97 2/6/2018INSPECTIONSDUES & ASSOCIATION MEMBERSHIPS34015506000000 (100.00) INSPECTIONS34015801000000 100.00 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 RESOLUTION OF APPRECIATION HONORING THE LIFE OF DAVID "DAVE" W. GANSE WHEREAS, David Dave W. Ganse was born in 1954 in Lancaster, Pennsylvania, to Marjorie A. Ganse and the late Robert G. Ganse, and WHEREAS, Dave graduated from James Wood High School as a member of the Class of 1972 before attending Virginia Tech, and WHEREAS, Dave was a respected architect in the Winchester and Frederick County community and established his own firm, David W. Ganse, AIA Arch maintained until his retirement in 2017, and WHEREAS, Dave was inducted into the James Wood Hall of Fame in 2012 for h school prowess in football, wrestling and track, and was also an avid guitarist and performed with several bluegrass bands throughout his life and WHEREAS, Dave unselfishly gave back to his community by offering to share his time and expertise serving as a member of the Frederick County Board of Building Appeals from November 1993 through January 2018 and the Frederick County Public Works Committee from May 2013 through January 2018, and NOW, THEREFORE BE IT RESOLVED, that the Frederick County Board o extends its sincerest thanks and appreciation for David Ganse and honors his life of leadership, dedication, and contribution to the community. ADOPTED this 28th day of February 2018. __________________________ ______________________________ Charles S. DeHaven, Jr. Gary A. Lofton Chairman Back Creek District Supervisor __________________________ __________________________ J. Douglas McCarthy Blaine P. Dunn Gainesboro District Supervisor Red Bud District Supervisor __________________________ ______________________________ Robert W. Wells Judith McCann-Slaughter Opequon District Supervisor Stonewall District Supervisor _________________________ ______________________________ Shannon G. Trout Kris C. Tierney Shawnee District Supervisor Clerk RESOLUTION OF APPRECIATION HONORING THE LIFE OF JAMES THOMAS JIM WILSON WHEREAS, James Thomas Jim Wilsonwas born onJuly 30, 1933 in Clarke County, Virginia, son of the late Raymond Thomas Wilson, Sr. and Virgini, and WHEREAS, Jim served in the U. S. Army, was a lifetime member 33 Degree Mason attended Fairview United Methodist Church in Stephens City, and WHEREAS, Jimwas the original owner and operator of Valley Redi-Mix in Stephens City, Virginia, and WHEREAS, Jim unselfishly gave back to his community by offering to share his time and expertise serving as a member of the Frederick County Public Works Committee from January 1992 through December 2017 and the Frederick County Landfill Oversight Committeefrom September 1997 through April 2006, and WHEREAS, Jimprovided valuable insight when the Committees discussed projects involving solid waste and recycling issues and offered the businessmans perspective, NOW, THEREFORE BE IT RESOLVED, that the Frederick County Board o extends its sincerest thanks and appreciation for James Wilson and honors his life of leadership, dedication, and contribution to the community. ADOPTED this 28th day of February 2018. __________________________ ______________________________ Charles S. DeHaven, Jr. Gary A. Lofton Chairman Back Creek District Supervisor __________________________ __________________________ J. Douglas McCarthy Blaine P. Dunn Gainesboro District Supervisor Red Bud District Supervisor __________________________ ______________________________ Robert W. Wells Judith McCann-Slaughter Opequon District Supervisor Stonewall District Supervisor _________________________ ______________________________ Shannon G. Trout Kris C. Tierney Shawnee District Supervisor Clerk CONDITIONAL USE PERMIT #01-18 BRYAN M. HENRY Staff Report for the Board of Supervisors Prepared:February 16,2018 This report is prepared by the Frederick County Planning Staff to provide information to the Planning Commission and the Board of Supervisors to assist them in making a decision on this request. It may also be useful to others interested in this zoning matter. ReviewedAction Planning Commission: Board of Supervisors: EXECUTIVE SUMMARY&CONCLUSION FOR THE 02/28/18 BOARD OF SUPERVISORS MEETING: Following this public hearing,a decision regarding this Conditional Use Permit application by the Board of Supervisors would be appropriate. The Applicant should be prepared to adequately address all concerns raised by the Board of Supervisors. LOCATION MAGISTERIALDISTRICT: PROPERTY ID NUMBER: PROPERTY ZONING & PRESENT USE: ADJOINING PROPERTY ZONING & PRESENT USE: PROPOSED USE: REVIEW EVALUATIONS: Virginia Department of Transportation: Frederick County Inspections: Frederick County Fire Marshall: Winchester-Frederick County Health Department: Planning and Zoning: STAFF CONCLUSIONS FOR THE 02/07/18PLANNING COMMISSION MEETING: PLANNING COMMISSION SUMMARY AND ACTION OF THE 02/07/18 MEETING; CONCLUSION FOR THE 02/28/18 BOARD OF SUPERVISORS MEETING; Following this public hearing, a decision regarding this Conditional Use Permit application by the Board of Supervisors would be appropriate. The Applicant should be prepared to adequately address all concerns raised by the Board of Supervisors. 383 RELIANCE RD CUP # 01 - 18 Bryan M. Henry 439 RELIANCE RD PIN: 835 91 - A - 77 HUTTLE RD Landscaping Business Zoning Map 511 RELIANCE RD CUP #01-18 91 A 77 563 RELIANCE RD 550 RELIANCE RD 566 RELIANCE RD 572 RELIANCE RD 577 RELIANCE RD 713 RELIANCE RD 668 RELIANCE RD ST 627 694 RELIANCE RD Applications Parcels Building Footprints 736 B1 (Neighborhood Business District) 733 RELIANCE RD RELIANCE RD B2 (General Business District) 746 B3 (Industrial Transition District) RELIANCE RD WARREN COUNTY EM (Extractive Manufacturing District) 786 WARREN 713 VIRGINIA RELIANCE RD HE (Higher Education District) COUNTY RELIANCE RD M1 (Light Industrial District) Note: CUP # 01 - 18 M2 (Industrial General District) Frederick County Dept of MH1 (Mobile Home Community District) Bryan M. Henry Planning & Development I MS (Medical Support District) 107 N Kent St PIN: Suite 202 OM (Office - Manufacturing Park) 91 - A - 77 Winchester, VA 22601 Landscaping Business R4 (Residential Planned Community District) 540 - 665 - 5651 Zoning Map R5 (Residential Recreational Community District) Map Created: January 3, 2018 RA (Rural Areas District) Staff: mcheran RP (Residential Performance District) 02705401,080Feet ORDINANCE ______________________________ Action: ORDINANCE CONDITIONAL USE PERMIT #01-18 FOR A LANDSCAPING CONTRACTING BUSINESS WHEREAS, Conditional Use Permit #01-18 for a Landscaping Contracting Business, WHEREAS, WHEREAS, WHEREAS, NOW, THEREFORE, BE IT ORDAINED A COPY ATTEST