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January 9 2019 Regular Meeting Minutes145 MINUTES REGULAR MEETING FREDERICK COUNTY BOARD OF SUPERVISORS WEDNESDAY, JANUARY 9, 2019 7:00 P.M. BOARD ROOM, COUNTY ADMINISTRATION BUILDING 107 NORTH KENT STREET, WINCHESTER, VIRGINIA ATTENDEES Board of Supervisors: Charles S. DeHaven, Jr., Chairman; Gary A. Lofton, Vice Chairman; Blaine P. Dunn; J. Douglas McCarthy; Judith McCann -Slaughter; Shannon G. Trout and Robert W. Wells were present. Staff present: Kris C. Tierney, County Administrator; Jay E. Tibbs, Deputy County Administrator; Roderick B. Williams, County Attorney; Karen Vacchio, Public Information Officer; Mike Ruddy, Director of Planning; Mark Cheran, Zoning & Subdivision Administrator; Tyler Klein, Planner; Scott Varner, Director of Information Technology; Lenny Millholland, Sheriff; Travis Mitchell, Deputy; Patrick Fly, GIS Manager; Cheryl Shiffler, Finance Director; Jennifer Place, Budget Analyst; Ellen Murphy, Commissioner of the Revenue; Bill Omdoff, Treasurer; Mike Marciano, Human Resources Director; Jason Robertson, Parks and Recreation Director. 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 Pastor Bobby Alger, Crossroads Community Church delivered the invocation. PLEDGE OF ALLEGIANCE Vice Chairman Lofton led the Pledge of Allegiance. ORGANIZATION OF BOARD OF SUPERVISORS FOR 2019 A. Election of Vice -Chairman —Gary A. Lofton Elected Chair DeHaven opened nominations for Vice -Chairman. Supervisor McCarthy nominated Supervisor Lofton. Supervisor Wells seconded the motion which carried unanimously on a voice vote. B. Adoption of Rules of Procedure -Approved Supervisor Dunn moved that the Board adopt the Rules of Procedure Frederick County Board of Supervisors, adopted May 28, 2003, amended August 8, 2018, except the last sentence in Section 1-1 Annual Meeting; Schedule of Regular Meetings, will be expanded by adding the phrase ", except that the Chairman may cancel a regular meeting in extenuating circumstances." He further moved that the Board adopt Robert's Rules of Order Simplified and Applied, Supervisor McCarthy seconded the motion. Vice Chairman Lofton expressed concern about the change allowing the Chair to cancel meetings in extenuating circumstances saying he hoped in the future it can Minute Book 44 Board of Supervisors Meeting of 119/19 County of Frederick, Virginia 146 be changed to allow the Chairman to cancel a meeting after polling the Board members. The motion carried on a voice vote. 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, except that the Chairman may cancel a regular meeting in extenuating circumstances. Section 1-2. Special Meetings The Board of Supervisors may hold such special meetings as it deems necessary and at such times and places as it may find convenient. A special meeting can only be called pursuant to the requirements imposed by Sections 15.2-1417 and 15.2-1418 of the Code of Virginia, 1950, as amended. Section 1-3. Continued Meetings Upon majority vote of the members attending, the Board may continue its meetings, regular or special, from time to time as it may find convenient or necessary with no requirement to further advertise or announce. Section 1-4. Quorum and Method of Voting At any meeting, a majority of the Supervisors shall constitute a quorum. All questions submitted to the Board for decision shall be determined by a majority vote of the Supervisors present and voting on any such question, unless otherwise provided by law or these Rules of Procedure. The name of each member voting and how he or she voted will be recorded for each action taken by the Board of Supervisors. The Board of Supervisors has elected not to have a tiebreaker, as provided for by the Code of Virginia, 1950, as amended. Section 1-5. Motions Subject to limitations imposed hereafter in these rules, discussion of items on the agenda shall be permitted for purposes of clarifying the issues and/or the options available for consideration. No call for a vote shall be allowed until a member of the Board moves a specific action.with reasonable clarity and 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. Section1-6, 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 to reconsider is presented. Minute Book 44 Board of Supervisors Meeting of 1/9/19 County of Frederick, Virginia 47 Section 1-9. Robert's Rules of Order; Suspending Rules [Amended 09/14/111 [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 01/14/091 Atthe 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. Minute Book 44 Board of Supervisors Meeting of 119119 County of Frederick, Virginia 148 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 circumstances may 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 necessitating the special meeting allow. Section 3-3. Posting and Notice [Amended 02/14/181 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 02/14119] 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 06/11/031; [Amended 01/14/04]; [Amended 02/14/181, [Amended 08/08/18] 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 Citizen Comments (Agenda Items Only, That Are Not Subject to Public Hearing.) Consent Agenda (Will contain Minutes and Committee Reports) Board of Supervisors Comments County Officials Committee Business Public Hearings — Non Planning Issues (When Required) Planning Commission Business Public Hearings (When Required) Other Planning Commission/Department Business Liaison Reports (If Any) Citizen Comments Board of Supervisors Comments Adjournment Minute Book 44 Board of Supervisors Meeting of 119il9 County of Frederick, Virginia 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 if each had been acted upon individually. Section 4-4. Citizen Comments Period [Amended 4/14/04] [Amended 01/10119]; [Amended 02/14/181 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 on issues 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 their comments. 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, the subject 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 anytime 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 Minute Book 44 Board of Supervisors Meeting of 119/19 County of Frederick, Virginia 150 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 (9) 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 Board of Supervisors. Presentations will be brief, concise summaries for the Supervisor's and the public's information and understanding, provided that sufficient time will be allowed to present, properly and fairly, the subject matter. When written information has been provided prior to the hearing, that information should be summarized, and only new information should be presented in detail at the meeting. Section 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 of his 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 lengthoftime 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. Minute Book 44 Board of Supervisors Meeting of 1/9/19 County of Frederick, Virginia 151 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. Conductwhile 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 afight, 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 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 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 shall yield 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 and Magisterial District of 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. Minute Book 44 Board of Supervisors Meeting of 1/9119 County of Frederick, Virginia 152 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 VIl —APPOINTMENTS Section 7-1. 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_ TiillBOABDAP__P__OiNTEi? BY THE CHAIRMAN: Finance Committee Code and Ordinance Committee Human Resources Committee Public Safety Committee Public Works Committee Technology (IT) Committee Transportation Committee OTHER APPOINTMENTS MADE _BYTHE CHAIRMAN - Board Liaison to Fire & Rescue Association County Representatives to the Frederick County -Winchester Joint Finance Committee Section 7.2, Appointments by the Board of Supervisors [Amended 01/25/061; [Amended 02/14/18]; [Amended 08/08118] 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, www fcva.us.) 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 CommitteAppointments Informational Data Sheet, is available on the County website, v ., 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 Vlll -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: 01114/04) (Amended: 04/14104) (Amended; 01/25/06) (Amended; 01/14/09) (Amended: 09/14/11) (Amended: 01/10/18) (Amended: 02/14/18) (Amended: 08/08/18) (Amended: 01/09119) Minute Book 44 Board of Supervisors Meeting of 1/9/19 County of Frederick, Virginia + + + + + + + + + + + + + + 163 C. Selection of a Parliamentarian — County Administrator Elected Supervisor Wells moved that the Board elect the County Administrator as Parliamentarian. Supervisor Dunn seconded the motion which carried on a voice vote. D. Selection of Time and Place for Regular Meetings - Approved Vice Chairman Lofton 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 2019. He further moved that should a meeting be canceled because of inclement weather, it will take place the following evening. Supervisor Dunn seconded the motion which carried on a voice vote. E. Chairman's Annual Committee Assignments - Approved Supervisor Slaughter moved for approval confirming the following Board Member Assignments to Committees and Citizen Member Assignments to Committees for 2019 as presented by the Chairman. Supervisor Wells seconded the motion which carried on a voice vote. Board Member Assignments- for 2019 Charles S. DeHaven, Jr. Finance Committee; Joint Finance Committee; Metropolitan Planning Organization; Northwestern Regional Jail Board alternate; Tourism Board liaison alternate Blaine P. Dunn Code & Ordinance Committee; Human Resources Committee, Chair; Public Safety Committee; Northern Shenandoah Valley Regional Commission; Fire & Rescue Association liaison; Tourism Board liaison Gary A. Lofton Finance Committee; Public Works Committee; Technology Committee, Chair; Transportation Committee, Chair; Economic Development Authority; Social Services Board liaison; Agricultural District Advisory Committee liaison; Extension Leadership Council liaison J. Douglas McCarthy Code & Ordinance Committee; Human Resources Committee; Public Works Committee, Chair; Technology Committee; Planning Commission liaison alternate; Tourism Board; Handley Regional Library liaison Judith McCann -Slaughter Finance Committee, Chair; Public Safety Committee; Technology Committee; Transportation Committee; Joint Finance Committee; Metropolitan Planning Organization; Conservation Easement Authority; Northwestern Regional Jail Board Shannon G. Trout Code & Ordinance Committee, Chair; Northern Shenandoah Valley Regional Commission; Planning Commission liaison; Sanitation Authority liaison Robert W. Wells Human Resources Committee; Public Safety Committee, Chair; Public Works Committee; Northwestern Regional Jail Board; Parks & Recreation Commission liaison; Landfill Oversight Committee Minute Book 44 Board of Supervisors Meeting of 119119 County of Frederick, Virginia 154 Citizen Committee Assiqnments for 2019 Code & Ordinance Committee Derek C. Aston Stephen G, Butler James A. Drown Finance Committee Jeffrey S. Boppe Angela L. Rudolph Human Resources Committee Don Butler Dorrie R. Greene Beth Lewin Public Safety Committee Walter "Walt" Cunningham Helen Lake Charles R. "Chuck" Torpy Public Works Committee Gene E. Fisher Ed Strawsnyder, Jr. Whitney "Whit" L. Wagner Information Technologies Committee Quaisar Absar Todd Robertson Transportation Committee Gary R. Oates James M. Racey, II Barry G.Schnoor ++++++++++++++ ADOPTION OF AGENDA - APPROVED Mr. Tierney noted updated information on a proposed resolution in support of the efforts of the Coalition of High Growth Communities with the General Assembly regarding proffer legislation. Upon motion of Supervisor Wells, seconded by Supervisor Dunn, the agenda was adopted with one item removed from the consent agenda: a Resolution supporting the Coalition of High Growth Communities' efforts on the proffer legislation being discussed during the upcoming General Assembly session and SB 1373 recently submitted by Senator Favola. CITIZENS COMMENTS - None ADOPTION OF CONSENT AGENDA — APPROVED Upon motion of Supervisor Trout, seconded by Supervisor Wells, the consent agenda was adopted on a roll call vote as follows: 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 Judith McCann -Slaughter Aye Minute Book 44 Board of Supervisors Meeting of 1/9/19 County of Frederick, Virginia -MINUTES: REGULAR MEETING OF DECEMBER 12 2018 - CONSENT AGENDA APPROVAL - FINANCE COMMITTEE REPORT OF DECEMBER 19 2018 - CONSENT AGENDA APPROVAL, Appendix 1 - PARKS AND RECREATION COMMISSION REPORT OF DECEMBER 11, 2018 - CONSENT_ AGENDA APPROVAL Appendix 2 - RESOLUTION SUPPORTING DELEGATE COLLINS'S PROPOSED LEGISLATION TO AMEND AND REENACT § 58.1.3833 OF THE CODE OF VIRGINIA, RELATING TO COUNTY FOOD AND BEVERAGE TAX: MAXIMUM RATE- CONSENT AGENDA APPROVAL Resolution Supporting Delegate Collins's Proposed Legislation To Amend and Reenact § 58.1-3833 of the Code of Virginia, Relating to County Food and Beverage Tax; Maximum Rate WHEREAS, the Frederick County Board of Supervisors has identified local taxing authority as one of its top legislative priorities for the 2019 General Assembly Session; and WHEREAS, the Frederick County Board of Supervisors desires legislation to provide specific taxing authority to increase taxes on meals and transient occupancy, without legislative imposition of mandatory specific uses of the realized gain in revenue; and WHEREAS, Delegate Collins is proposing an amendment to §58.1-3833 of the Code of Virginia, Relating to County Food and Beverage Tax; Maximum Rate which would allow Any tax levied pursuant to this section to be imposed at a rate not to exceed the rate imposed by an adjoining city in Virginia, if such rate is greater than four percent at the time the county imposes its rate. NOW, THEREFORE, BE TT HEREBY RESOLVED that the Board of Supervisors of the County of Frederick, Virginia, hereby expresses its strong support for Delegate Collin's proposed legislation and requests that Senator Jill Holtzman Vogel and Delegates David A. LaRock and Wendy Gooditis join in supporting and vote to approve this legislation. ++++++++++++++ - REQUESTS FROM THE COMMISSIONER OF THE REVENUE FOR REFUNDS AND CORRESPONDING SUPPLEMENTAL APPROPRIATIONS - CONSENT AGENDA APPROVAL The approved refunds were as follows: Enterprise FM Trust for $5,785.59; Undisclosed Taxpayer— Disabled Veteran's Relief for $2,543.20; Undisclosed Taxpayer— Disabled Veteran's Relief for $3,500.57; and Undisclosed Taxpayer — Disabled Veteran's Relief for $12,290.31. ++++++++++++++ RESOLUTION SUPPORTING THE EFFORTS OF THE COALITION OF HIGH GROWTH COMMUNITIES WITH THE GENERAL ASSEMBLY REGARDING PROFFER LEGISLATION AND SB 1373 SUBMITTED BY SEN. FAVOLA - APPROVED Supervisor Wells expressed concern about supporting the proposed resolution. Mr. Tierney noted the concerted effort to work with the Home Builders Association on proffer legislation language. He said the Home Builders Association has brought forth revised language that other localities and staff think is improved. He said it was decided it was appropriate to bring the resolution to the Board for consideration. Minute Book 44 Board of Supervisors Meeting of 1/9119 County of Frederick, Virginia 156 Supervisor McCarthy moved for adoption of the resolution and Supervisor Slaughter seconded the motion. Supervisor McCarthy said he has had extensive conversations with Delegate Collins regarding the bill and the current version goes a long way toward allowing mutually beneficial agreement on rezoning and proffers. Supervisor Trout questioned if the matter could be delayed until the next meeting. Supervisor Dunn said he supports the concept but asked for a delay on voting on the resolution. The motion carried as follows: Blaine P. Dunn No Gary A. Lofton Aye J. Douglas McCarthy Aye Judith McCann -Slaughter Aye Shannon G. Trout Abstain Robert W. Wells No Charles S. DeHaven, Jr. Aye Resolution Supporting the Efforts of the Coalition of High Growth Communities with the General Assembly Regarding Proffer Legislation and SB 1373 Submitted by Sen. Favola. WHEREAS, Frederick County has maintained a positive relationship through a long history of working together with both the Top of Virginia Building Association and the local development community for the betterment of Frederick County and its citizens; and WHEREAS, Frederick County is a member of the Coalition of High Growth Communities; and WHEREAS, both the Coalition of High Growth Communities and Frederick County are committed to finding an equitable and efficient system to better manage the impacts associated with rapid residential growth and to addressing the counterproductive effects of SB 549; and WHEREAS, Frederick County is interested in the changes being advanced to the proffer legislation and in working collaboratively with the Top of Virginia Building Association; and WHEREAS, Frederick County supports the ongoing and constructive dialogue between the Coalition of High Growth Communities and Home Builders Association of Virginia and their efforts to achieve a positive legislative solution for the benefit of all parties; and WHEREAS, as a result of the ongoing and constructive dialogue and the efforts of Senator Favola and Delegate Thomas bills have been submitted to the General Assembly to amend and reenact Section 15.2-2303.4 of the Code of Virginia, relating to conditional rezoning proffers which contain many of the positions the Coalition of High Growth Communities has been advocating for; and WHEREAS, Frederick County supports, in particular, SB 1373 submitted by Senator Favola as the basis for the continued dialogue aimed at achieving a positive legislative solution for the benefit of all parties; and NOW, THEREFORE, BE IT RESOLVED, that the Board of Supervisors of the County of Frederick, Virginia, requests that the Members of the General Assembly support the efforts of the Coalition of High Growth Communities and Frederick County as part of its 2019 legislative efforts; and BE IT FURTHER RESOLVED, that the Board of Supervisors of the County of Frederick, Virginia, requests that the Members of the General Assembly support SB 1373 submitted by Senator Favola which reflects many of the positions advocated by the Coalition of High Growth Communities. + + + + + + + + + + + + + + BOARD OF SUPERVISORS COMMENTS - done COUNTY OFFICIALS: RECOGNITION OF EMPLOYEE OF THE YEAR TRAVIS MITCHELL Chairman DeHaven recognized and congratulated Travis Mitchell on his selection as Employee of the Year for 2018. Minute Book 44 Board of Supervisors Meeting of 119119 County of Frederick, Virginia IWI RECOGNITION OF THE FREDERICK COUNTY FINANCE DEPARTMENT FOR RECEIVING THE GOVERNMENT FINANCE OFFICERS ASSOCIATION'S DISTINGUISHED BUDGET PRESENTATION AWARD Chairman DeHaven recognized and congratulated Finance Director Cheryl Shiffler and Budget Analyst Jennifer Place noting that Frederick County has received the Distinguished Budget Presentation Award for the fiscal year 2018 budget from GFOA for the thirty-second consecutive year. COMMITTEE APPOINTMENTS DOUG RINKER RE -APPOINTED TO THE ECONOMIC DEVELOPMENT AUTHORITY - APPROVED Upon motion of Vice Chairman Lofton, seconded by Supervisor Wells, Doug Rinker was reappointed to the Economic Development Authority for a four-year term ending January 10, 2023. The motion carried on a voice vote. CHARLES SANDY RE -APPOINTED TO THE PARKS AND RECREATION COMMISSION - APPROVED Upon motion of Supervisor Wells, seconded by Supervisor Dunn, Charles Sandy was reappointed to the Parks and Recreation Commission for a three-year term ending January 25, 2022. The motion carried on a voice vote. ++++++++++++++ COMMITTEE BUSINESS FINANCE COMMITTEE Supervisor Slaughter moved for approval of the following requests; a General Fund supplemental appropriation in the amount of $2,000 representing a grant award from the Virginia DEQ in support of the County's Secure Your Load campaign; a General Fund supplemental appropriation in the amount of $3 404.95 representing an insurance claim for stolen equipment; a General Fund supplemental appropriation in the amount of $10,000 representing donated funds received for spaying and neutering shelter pets; a General Fund supplemental appropriation in the amount of $45,535 representing PEG funds to be used for electronic agenda creation/management and live streaming of County meetings; a General Fund supplemental appropriation in the amount of $203,33 representing K9 donations; and a General Fund supplemental appropriation in the amount of $41,450.34 representing unspent FY 18 VJJJCA funds to be returned to the State. Vice Chairman Lofton seconded the motion which carried as follows on a roll call vote: Blaine P. Dunn Aye Gary A. Lofton Aye J. Douglas McCarthy Aye Judith McCann -Slaughter Aye Shannon G. Trout Aye Robert W. Wells Aye Charles S. DeHaven, Jr. Aye Minute Book 44 Board of Supervisors Meeting of 119M9 County of Frederick, Virginia 158 Supervisor Slaughter moved for approval of a General Fund and School Capital Projects Fund supplemental appropriation in the amount of $1,264 000 to implement Phase II Safety and Security Construction Upgrades. Supervisor Wells seconded the motion which carried as follows on a roll call vote: 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 Judith McCann -Slaughter Aye Supervisor Slaughter moved for approval of a Shawneeland Fund supplemental appropriation in the amount of $300,000 representing funds for emergency repairs to roads and drainage structures due to excessive rainfall. Supervisor McCarthy seconded the motion which carried as follows on a roll call vote: 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 Judith McCann -Slaughter Aye Supervisor Slaughter moved for approval of a General Fund supplemental appropriation in the amount of $11,251 representing funds needed to hire an additional GIS Technician and further moved for approval of a transfer from contingency funds. Vice Chairman Lofton seconded the motion which carried as follows on a roll call vote: 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 Judith McCann -Slaughter Aye Supervisor Slaughter moved for approval of the creation of the School Grounds Maintenance Equipment Fund to set aside funds for grounds maintenance equipment replacement. Supervisor Wells seconded the motion which carried as follows on a roll call vote: 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 Judith McCann -Slaughter Aye Supervisor Slaughter moved for approval of a General Fund supplemental appropriation in the amount of $954 representing proceeds from the sale of old gym equipment to be used toward replacement. Supervisor McCarthy seconded the motion which carried as follows on a roll call vote: 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 Judith McCann -Slaughter Aye Supervisor Slaughter moved for approval of a General Fund supplemental appropriation in the amount of $3,637.55 representing proceeds from the sale of salvage and surplus in excess of budgeted revenue. Supervisor McCarthy seconded the motion which carried as follows on a roll call vote: Blaine P. Dunn Aye Shannon G. Trout Aye Gary A. Lofton Aye Robert W. Wells Aye Minute Book44 Board of Supervisors Meeting of 1/9119 County of Frederick, Virginia 159 J. Douglas McCarthy Aye Charles S. DeHaven, Jr. Aye Judith McCann -Slaughter Aye Supervisor Slaughter moved for approval of a General Fund supplemental appropriation in the amount of $4,500 representing reimbursements received from the Secret Service for the purchase of evidence collection and storage equipment. Vice Chairman Lofton seconded the motion which carried as follows on a roll call vote: 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 Judith McCann -Slaughter Aye Supervisor Slaughter moved for approval of a General Fund supplemental appropriation in the amount of $28,850 representing recovered costs for traffic control to be used for overtime. Supervisor McCarthy seconded the motion which carried as follows on a roll call vote: 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 Judith McCann -Slaughter Aye Supervisor Slaughter moved for approval of a General Fund supplemental appropriation not to exceed $42,000 representing funds for radio equipment and further moved for approval of a transfer from contingency funds. Vice Chairman Lofton seconded the motion which carried as follows on a roll call vote: 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 Judith McCann -Slaughter Aye PUBLIC HEARINGS (Non -Planning Items) - None PLANNING COMMISSION BUSINESS Public Hearing - None Other Planning Business REQUEST BY WESLEY HOUSING — RESOLUTION FOR A LOCAL HOUSING REVITALIZATION AREA (PIN#: 54-A-128) - POSTPONED John Foote, of Walsh Colucci Lubeley & Walsh P.C., explained the request for the Frederick County Board of Supervisors to pass a resolution designating the St. Paul's on the Hill property, PIN 54-A-128, as a local housing revitalization zone. He said a local housing revitalization zone is created by resolution of the local governing body pursuant to the Code of Virginia and the Virginia Housing Development Authority VHDA criteria, noting that the second category referencing encouraging economic development and a desired mix of housing are applicable to the current request. He said Wesley Housing is seeking Low Income Tax Credits administered through the Virginia Housing Development Authority to assist with the development of this project, and this designation of a local Minute Book 44 Board of Supervisors Meeting of 119/19 County of Frederick, Virginia 160 housing revitalization zone would be beneficial to the applicant as it would potentially enable the allocation of additional points to their VHDA application. Rosa Estrada, of Wesley Housing, explained the funding process and the need for a project to be competitive to receive the tax credits. Paul Brown, of Wesley Housing, said no one wants to suggest that the County is blighted by designating a revitalization area. He cited other localities that have benefited from the use of tax credits for redevelopment. He asked for the Board's careful consideration. Supervisor Slaughter and Mr. Foote discussed revising the language of the proposed resolution to delete references to the property being blighted. Supervisor McCarthy and Ms. Estrada discussed the result if tax credits are not awarded. Ms. Estrada said Wesley Housing will reapply in 2020 if tax credits are not awarded this year. She said the project will not move forward without financing or credits. Supervisor Dunn said he was not currently prepared to move forward with supporting the resolution designating the property as a revitalization zone. Vice Chairman Lofton said he voted against the project originally and now is more uncomfortable with it. He questioned why the project was not financed in the beginning. Supervisor Dunn said the Applicant had previously noted the financing would be via the tax credits. Supervisor McCarthy said he supports delaying action on the resolution. He said the request asks the Board to tip the scales in favor of one development project over another, adding there is no need to induce development in this particular geographic area. Supervisor Dunn moved to postpone consideration of the request until the January 23 Board meeting. Supervisor Wells seconded the motion which carried as follows: Blaine P. Dunn Aye Gary A. Lofton No J. Douglas McCarthy Aye Judith McCann -Slaughter Aye Shannon G. Trout Aye Robert W. Wells Aye Charles S. DeHaven, Jr. Aye SITE PLAN (SUBDIVISION) #22-18 SPRING RUN —15-LOT TOWNHOUSE SUBDIVISION — Presented for Information Planner Tyler Klein provided background on the item saying this application is for a subdivision design plan for fifteen (15) single-family attached (townhouses) units with a minimum lot size of 1,936+/- square feet planned to be constructed on 1.88+1- acres of land zoned RA (Rural Areas) District with RP (Residential Performance) District standards via Transfer of Development Rights (TDR) credits. He said the proposed subdivision will be accessed from Senseny Road (Route 657) via a private internal road (Coralyrose Court). He continued saying although the property is presently zoned RA (Rural Areas) District, the Applicant will utilize the County's Transfer of Development Rights (TDR) program to develop additional lots with RP (Residential Performance) District standards and the Applicant has purchased 10 TDR credits from Sending Area #3 which has a value of 1.5 residential units per credit for a total of 15 units (10 credits x 1.5 SFA units =15 units allowed). Mr. Klein said the Applicant also previously received a waiver of the Master Development Plan (MDP) requirement on June 13, 2018 Minute Book 44 Board of Supervisors Meeting of 119/19 County of Frederick, Virginia 161 and has chosen to process a subdivision design plan (site plan) in lieu of the MDP. When processing a subdivision design plan in lieu of the MDP, the application must be presented to the Planning Commission and to the Board of Supervisors as an informational item. He concluded saying this proposed subdivision, Spring Run, generally meets the requirements of the Frederick County Zoning and Subdivision Ordinances and is in a form that it is administratively approvable. He added that any of the issues brought forth by the Board of Supervisors should be appropriately addressed by the Applicant, and the item is being presented as an informational item and following its presentation to the Planning Commission and to the Board of Supervisors, Staff will proceed with approval of the plan. Vice Chairman Lofton asked for clarification on the MRS coming from a sending area rather than a receiving area. Supervisor Dunn asked for the approximate value of the proposed homes. The Applicant, Jeremy Tweedie, replied the value will be determined at the time of construction. He noted a similar development in the area has homes starting in the $240,000 to $300,000 range. Supervisor Dunn commented that this is an example of a time when the Board cannot act, but he is troubled by the matter of transferring development rights from one area to another and still costing the County. He said he would prefer that the impact of new development be borne by the developer. BOARD LIAISON REPORTS Supervisor Trout provided an update on recent activities of Frederick Water. Supervisor Wells provided an update on the Parks and Recreation Commission. He praised the recent holiday light show held at Clear Brook Park. He invited everyone to visit Frederick Heights Park to see the recent improvements and recognized the effort of Supervisor Dunn to encourage the revitalization and updates in Frederick Heights Park. He said the community is enjoying the improved Park. Supervisor Dunn noted the grand reopening of the Frederick Heights Park, and praised the work done by Parks and Recreation staff. He also commended the staff at the Clear Brook Park for their success with the holiday light show. Supervisor Dunn recognized Law Enforcement Appreciation Day. CITIZEN COMMENTS John Wright, Red Bud District, and President of the Frederick County Professional Firefighter Association asked the Board to support legislation in the Virginia General Assembly to add certain cancers to the list of cancers that are presumed to be an occupational disease covered by the Virginia Workers' Compensation Act when firefighters and certain employees develop cancer. The legislation would also remove the compensability requirement that the employee who develops Minute Book44 Board of Supervisors Meeting of 119119 County of Frederick, Virginia INENFAW Mon cancer had contact with a toxic substance encountered in the line of duty, meaning the firefighter would not have to specifically identify what specific toxic exposures have occurred at each fire or prove the exact carcinogen on the exact day that caused their cancer. He asked the Board for its support of the legislation. BOARD OF SUPERVISORS COMMENTS Supervisor Trout expressed concern about the upcoming budget cycle meeting schedule and asked if any of the meetings could be moved to a day other than Wednesday at 4:00 p.m. or later. She apologized for her difficult schedule. Supervisor McCarthy said he may be able to move a couple of meetings adding that any changes will affect other commitments and obligations. Supervisor McCarthy said Gainesboro District has been affected by the enormous amount of rain this past year causing numerous road deterioration issues. He said he is regularly getting calls from constituents asking about requesting VDOT assistance with road repair, He commended the County Transportation staff for their efforts as the liaison in communicating with VDOT. Supervisor Dunn suggested additional potential meeting dates be sent out to facilitate rescheduling meetings to assist Supervisor Trout. ADJOURN On motion of Vice Chairman Lofton, seconded by Supervisor Dunn, the meeting was adjourned at 8:22 p.m, ry 9 Charles S, DeHaven, Jr. Cha' an, Board of Supervisors Kri C. 'er' Cie , oar isors Minutes Prepared By: Ann W. Philftos Deputy Clerk, Board of Supervisors Minute Book 44 Board of Supervisors Meeting of 119/19 County of Frederick, Virginia 183 Minutes of Board of Supervisors Meeting of January 9, 2019 - Appendix 1 FINANCE COMMITTEE REPORT to the BOARD OF SUPERVISORS Wednesday, December 19, 2018 8:00 a.m. 107 NORTH KENT STREET, WINCHESTER, VIRGINIA A Finance Committee meeting was held in the First Floor Conference Room at 107 North Kent Street on Wednesday, December 19, 2018 at 8:00 a.m. ATTFNr1FFSt Committee Members Present: Judith McCann -Slaughter, Chairman; Charles DeHaven; Gary Lofton; Jeffrey Boppe; and Angela Rudolph. Non -voting liaisons: William Orndoff, Treasurer; and Ellen Murphy, Commissioner of the Revenue. Committee Members Absent: none Staff present: Cheryl Shiffler, Finance Director; Sharon Kibler, Assistant Finance Director; Kris Tierney, County Administrator; Jay Tibbs, Assistant County Administrator; Rod Williams, County Attorney; Lenny Millholland, Sheriff; Donald Lang, Sheriff Captain; Joe Wilder, Public Works Director; Jennifer Place, Budget Analyst; Jason Robertson, Parks & Recreation Director; Jon Turkel, Assistant Parks & Recreation Director; LeeAnna Pyles, Public Safety Communications Director; and Scott Varner, IT Director. Others present: Patty Camery, FCPS Executive Director of Finance; and Kevin Kenney, FCPS Clerk of the Works. ITEMS REQUIRING ACTION BY BOARD OF SUPERVISORS: ( ) Items 2, 3, 4, 6, 10 and 15 were approved under consent agenda. 1. The FCPS Executive Director of Finance requests a General Fund and School Capital Projects Fund supplemental appropriation in the amount of $1,264,000 to implement Phase II Safety and Security Construction Upgrades. Local funds are required. Request has been approved by the School Board. See attached memo, p. 4— 7. The committee recommends approval. 2. O The Solid Waste Manager requests a General Fund supplemental appropriation in the amount of $2,000. This amount represents a grant award from the Virginia DEQ in support of the County's Secure Your Load campaign. No local funds required. See attached memo, p. 8. 3. O The Solid Waste Manager requests a General Fund supplemental appropriation in the amount of $3,404.95. This amount represents an insurance claim for stolen equipment. No local funds required. See attached memo, p. 9. 4. (') The Public Works Director request a General Fund supplemental appropriation in the amount of $10,000. This amount represents donated funds received for spaying and neutering shelter pets. No local funds required. Request has been approved by the Public Works Committee. See attached memo, p. 10-11. 5. The Public Works Director requests a Shawneeland Fund supplemental appropriation in the amount of $300,000. This amount represents funds for emergency repairs to roads and drainage structures due to excessive rainfall. Request has been approved by the Public Works Committee. See attached memo, p. 12. The committee recommends approval. Minute Book 44 Board of Supervisors Meeting of 119r19 County of Frederick, Virginia M. 6. ( ) The IT Director requests a General Fund supplemental appropriation in the amount of 45 535. This amount represents PEG funds to be used for electronic agenda creation/management and live streaming of County meetings. No local funds required. Request has been approved by the IT Committee. See attached memo, p. 13. 7. The IT Director requests a General Fund_ supplemental appropriation in the amount of $11,251. This amount represents fund needed to hire an additional GIS Technician. Local funds are required. Request has been approved by the IT Committee. See attached memo, p. 14 —15. The committee recommends a transfer from contingency funds. 8. The Parks & Recreation Director requests the creation of the School Grounds Maintenance Equipment Fund to set aside funds for grounds maintenance equipment replacement. The Parks and Recreation Commission has approved the request. See the attached proposed policy, p. 16 —18. The committee recommends approval. 9. The Sheriff requests a General Fund supplemental appropriation in the, amount of $954. This amount represents proceeds from the sale of old gym equipment to be used toward replacement. No local funds required. See attached memo, p. 19. The committee recommends approval. 10. O The Sheriff requests a General Fund supplemental appropriation in the amount of $203.33. This amount represents K9 donations. No local funds required. See attached memos, p. 20 — 23. 11. The Sheriff requests a General Fund supplemental appropriation in the amount of $3,637.55. This amount represents proceeds from the sale of salvage and surplus in excess of budgeted revenue. No local funds required. See attached memo, p. 24, The committee recommends approval. 12, The Sheriff request a General Fund supplemental appropriation in the amount of $4,500. This amount represents reimbursements received from the Secret Service for the purchase of evidence collection and storage equipment, No local funds required. See attached memo, p. 25-27. The committee recommends approval. 13. The Sheriff requests a General Fund supplemental appropriation in the amount of $28,850. This amount represents recovered costs for traffic control to be used for overtime. No local funds required. See attached memo, p. 28 — 29. The committee recommends approval. 14. The Sheriff requests a General Fund supplemental appropriation not to exceed �42,000. This amount represents funds for radio equipment. Local funds are required. Request has been approved by the Public Safety Committee. See attached information, p. 30-31. The committee recommends a transfer from contingency funds. 15. O The Finance Director requests a General Fund supplemental appropriation in the amount of $41,450.34. This amount represents unspent FY 18 VJJJCA funds to be returned to the State. No local funds required. See attached information, p. 32-35. Minute Book44 Board of Supervisors Meeting of 1/9119 County of Frederick, Virginia 16� ITEMS FOR INFORMATION ONLY 1. The Finance Director provides a Fund 10 Transfer Report for November 2018. See attached, p. 36. 2. The Finance Director provides financial statements ending November 30, 2018. See attached, p. 37 — 47, 3. The Finance Director provides an FY 2019 Fund Balance Report ending December 13, 2019. See attached, p. 48. Respectfully submitted, FINANCE COMMITTEE Judith McCann -Slaughter, Chairman Charles DeHaven Gary Lofton Jeffrey Boppe Angela Rudolph By Cheryl B. Shiffler, Finance Director Minute Book 44 Board of Supervisors Meeting of 1/9119 County of Frederick, Virginia m Minutes of Board of Supervisors Meeting of January 9, 2019 — Appendix 2 PARKS AND RECREATION COMMISSION REPORT to the BOARD OF SUPERVISORS Wednesday January 9, 2019 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 12, 2018 Subject: Parks and Recreation Commission Action The Parks and Recreation Commission met on December 11, 2018. Members present were: Christopher Fordney, Natalie Gerometta, Gary Longerbeam, Amy Strosnider, Charles Sandy, Jr., Guss Morrison, and Ronald Madagan. ITEMS REQUIRING ACTION BY BOARD OF SUPERVISORS: None ITEMS SUBMITTED FOR INFORMATION ONLY 1. The Commission recommends repurposing the Tot Pool areas with shade structures for visitor use. 2. The Commission recommends accepting a donation worth $40,000 in cash and materials from the Blue Ridge Volleyball Association to install three sand volleyball courts at Clearbrook Park, 3. The Commission recommends eliminating the Bulk Rental Discount for Youth Activities Policy (500.04) as policy handed with fees and charges. Updated the attached Facility Rental Policy (500.19). 4. The Commission recommends accepting the attached Fees and Charges. 5. The Commission recommended the FY 2020 budget as presented. The presented FY 2020 budget was submitted to the Finance Department and County Administrator. Cc: Randy Carter, Chairman Robert Wells, Board of Supervisors' Non -Voting Liaison Minute Book 44 Board of Supervisors Meeting of 119119 County of Frederick, Virginia