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March 13 2019 Board_Agenda_PacketAGENDA FREDERICK COUNTY BOARD OF SUPERVISORS WEDNESDAY, MARCH13, 2019 5:00 P.M. – BUDGET WORK SESSION 7:00 P.M. - REGULAR MEETING BOARD ROOM, COUNTY ADMINISTRATION BUILDING 107 NORTH KENT STREET, WINCHESTER, VIRGINIA 5:00 P.M. – Budget Work Session Call to Order (See Budget Work Session Agenda) Adjourn ______________________________________________________________________________________________________________________ 7:00 P.M. - Regular Meeting Call to Order Invocation Pledge of Allegiance Adoption of Agenda Citizen Comments – Agenda Items that are not the subject of a Public Hearing Consent AgendaAttachment (Note: Roll call vote required) 1.Minutes a.Budget Work Session &Closed Session of February 26, 2019 ----------------- A b.Joint Budget Work Session with School Board of February 27, 2019 --------- B c.Regular Meeting of February 27, 2019 ------------------------------------------------ C 2.Committee Reports a.Finance Committee Report of 2/26/19 ------------------------------------------------- D b.Public Safety Committee Reportof 2/21/19 ------------------------------------------ E MEETING AGENDA PAGE 2 Frederick County Board of Supervisors Wednesday, March 13, 2019 Consent Agenda - Continued 3.Request from the Commissioner of the Revenue for Refund and Corresponding Supplemental Appropriation ------------------------------------------------ F Physiotherapy Associates, Inc. - $2868.87 4.Resolution of Support for Exit 313 Capacity Improvements Funding --------------------- G Board of SupervisorsComments County Officials A.Committee Appointments-------------------------------------------------------------------------- H 1.Handley Regional Library Board Unexpired 4-year term ending 11/30/19 2.Extension Leadership Council Back Creek District -- Unexpired 4-year term ending 1/14/20 3.Board of Equalization 3-year term ending 12/31/18 (Seeking applications) Committee Business A.Finance Committee (See Tab _D_for additional information) () Items 1 – 4 and 6 were approved under Committee’s consent agenda. 1.The Public Works Director requests a General Fund supplemental appropriation in the amount of $50,000.This amount represents donated funds for the completion of design specifications for a training facility building at the animal shelter. This request has been approved by the Public Works Committee. No local funds required. Approved on Committee consent agenda. 2.The Parks & Recreation Director requests a General Fund supplemental appropriation in the amount of $33,300.This amount represents donated funds for the installation of sand volleyball courts at Clearbrook Park. No local funds required. Approved on Committee consent agenda. The Parks & Recreation Director request a General Fund supplemental appropriation in the amount of $925. 3. This amount represents donated funds for a park bench and dog waste stations. No local funds required. Approved on Committee consent agenda. 4.The Sheriff requests a General Fund supplemental appropriation in the amount of $29,378.This amount represents (2) Byrne/JAG grant awards to be used for deputy go bags, a throw phone, a camera, and items for Project Lifesaver. No local funds required. Approved on Committee consent agenda. MEETING AGENDA PAGE 3 Frederick County Board of Supervisors Wednesday, March 13, 2019__________________________________________________________ A.Finance Committee - Continued 5.The Sheriff requests a General Fund supplemental appropriation in the amount of $6,692.This amount represents proceeds from the sale of a K9 cruiser, and the funds will be used for equipment for the command center. No local funds required. The Committee recommends approval. 6.The Sheriff requests a General Fund supplemental appropriation in the amount of $350.This amount represents restitution for a damaged cruiser, and the funds will be used for vehicle maintenance. No local funds required.Approved on Committee consent agenda. B.Public Safety Committee (See Tab _E_ for additional information) 1.Proposed Emergency Response Performance Guide - Deputy Chief Larry Oliver presented an Emergency Response Performance Guide to monitor the fire, emergency medical, and special operations systems and establish response time goals for emergency incidents within Frederick County. Currently, there is no suchpolicy in place. This prospective guide will be discussed at the Chiefs workgroup.The Committee recommends adoption of the Guide. Public Hearings (Non Planning Issues) – The County of Frederick proposes to increase property tax levies. ------------------- I A. 1. Assessment Increase: Total assessed value of real property, excluding additional assessments due to new construction or improvements to property, exceeds last year’s total assessed value of real property by 5.78 percent. 2. Lowered Rate Necessary to Offset Increased Assessment: The tax rate which would levy the same amount of real estate tax as last year, when multiplied by the new total assessed value of real estatewith the exclusions mentioned above, would be $0.577 per $100 of assessed value. This rate will be known as the “lowered tax rate”. 3. Effective Rate Increase: The County of Frederick proposes to adopt a tax rate of $ 0.61 per $100 of assessed value. This difference between the lowered tax rate and the proposed rate would be $0.033 per $100, or 5.78 percent. This difference will be known as the “effective tax rate increase”. Individual property taxes may, however, increase at a percentage greater than or less than the above percentage. 4. Proposed Total Budget Increase: Based on the proposed real property tax rate and changes in other revenues, the total budget of the County of Frederick will exceed last year’s by 5.8 percent. Extension of Cable Franchise Agreement with Comcast of A. California/Maryland/Pennsylvania/Virginia/West Virginia, LLC. -------------------- J The proposed agreement would extend the nonexclusive franchise agreement between Comcast and the County until June 30, 2019. MEETING AGENDA PAGE 4 Frederick County Board of Supervisors Wednesday, March 13, 2019__________________________________________________________ Planning Commission Business Public Hearings 2019-2024 Capital Improvement Plan (CIP) A.------------------------------------------------- K The CIP is a Prioritized List of Capital Projects Requested by Various County Departmentsand Agencies.The Plan is Created as an Informational Component of the 2035 Comprehensive Plan. Other PlanningBusiness Rezoning #03-18 for Carpers Valley Industrial Park A.------------------------------------ L Public Hearing Held January 23, 2019 and Consideration Was Postponed. Submitted by Pennoni Associates, Inc.,to Rezone 122.18+/- Acres from the R4 (Residential Planned Community) District to the M1 (Light Industrial) District with Proffers. The Properties are Located Approximately One Mile East of I-81 on the South Side of Millwood Pike (Route 50), East of Prince Frederick Drive (Route 781) and Coverstone Drive and are Identified by Property Identification Numbers 64-A-86 and 64-A-87 in the Shawnee Magisterial District. Brucetown Road Area Amendment (CPPA #02-18 – Carter) B.------------------------ M This is a draft amendment to the Northeast Land Use Plan of the 2035 Comprehensive Plan. This amendment proposes to add109 acres into the Sewer and Water Service Area (SWSA) and remove 109 acres from the SWSA.This amendment also seeks to designate the 109 acres for industrial land uses.Staff is seeking directionfrom the Board of Supervisors as to whether this item is ready to be sent to public hearing. Board Liaison Reports Citizen Comments Board of Supervisors Comments Adjourn MINUTES Frederick County Board of Supervisors Budget Work Sessionand Closed Session Tuesday,February 26, 2019 4:00 p.m. Board Meeting Room, 107 North Kent Street, Winchester, VA ATTENDEES Board of Supervisors:Chairman Charles S. DeHaven, Jr.; ViceChairman Gary A. Lofton; Blaine P. Dunn;Judith McCann-Slaughter;J. Douglas McCarthy;Shannon G. Trout; and Robert W. Wellswere present. Staff present: Kris C. Tierney, County Administrator; C. William Orndoff, Jr., Treasurer; Ellen Murphy, Commissioner of the Revenue; Jay E. Tibbs, Deputy County Administrator; Roderick B. Williams, County Attorney; Cheryl B. Shiffler, Finance Director; Jennifer Place, Budget Analyst; Sharon Kibler, Assistant Finance Director;Michael Marciano, Human Resources Director; Scott Varner, IT Director; Mike Ruddy, Planning Department Director; Karen Vacchio, Public Information Officer; Lenny Millholland, Sheriff; and Ann W. Phillips, Deputy Clerk to the Boardof Supervisors. Finance Committee Memberspresent: Jeffrey Boppeand Angela Rudolph CALL TO ORDER Chairman DeHaven called the meeting to order at 4:00p.m. AIRPORT BUDGET DISCUSSION Nick Sabo, Executive Director of the Winchester Regional AirportAuthority,provided information on tax rate options and requested that the Board reduce the tax rate on aircraft weighing under 20,000 pounds from $0.50 per $100 of assessed value to $0.01 per $100 of assessed value. He and Winchester Regional Airport Authority Chairman Gene Fisher said the lower tax rate would unburden the airport and assist in on-going marketing efforts, adding that the Authority’s goal is to be financially self-supporting. The Board and Mr. Sabo discussed the proposal, and Mr. Sabo offered to provide the Board with a recent economic study and funding models for similar Virginia airports that are self-sufficient. TOURISM BUDGET DISCUSSION Justin Kerns, Executive Director of theWinchester-Frederick County Visitors Center/Tourism Office, provided information on current marketing efforts at the Visitors Center. He requested the Board consider revising the current Memorandum of Understandingwith the City of Winchester to change the funding mechanism for the Visitors Center. He proposed a1%increase in the transient occupancy taxrate to assist with marketing efforts. He noted it would generate enough funding that no General Fund monies would be needed to fund the Visitors Center/Tourism Office. Frederick County Board of Supervisors Budget Work Session & Closed Session Minutes *February 26,2019 SCENARIO DISCUSSION AND BUDGET CALENDAR REVIEW Mr. Tierney discussed three budget scenarios noting that all incorporated the use of the reassessment windfall. He noted that he had prioritized the requested new employee positions, adding that all of the requests were reasonable and necessary.He reviewed the upcoming budget meetings. By consensus, the Board directed staff to continue preparing budget scenarios keeping the real estate tax rate at the current $0.61 per $100 of assessed value. The Board discussed the airplane tax question raised by Mr.Sabo. There was general consensus from the Board that the rate could be reduced while also approaching the state legislature about revising the aircraft categories to allow more equitable taxing.The Board requested information on the expected loss of revenue should the airplane tax be lowered. CLOSED SESSION At 5:25 p.m., Vice Chairman Lofton moved that the Board of Supervisors convene in closed session pursuant to Section 2.2-3711 A (1) for discussion regarding the performance of a specific public employee. Supervisor Trout seconded the motion which carried on a voice vote. At 6:32p.m., the Board members being assembled within the designated meeting place in the presence of members of the public and the media desiring to attend, the meeting was reconvened on motion of Vice Chairman Lofton, seconded by Supervisor Wells. Vice Chairman Lofton moved that the Board of Supervisors of Frederick County certify that, to the best of each member’s knowledge, (i) only public business matters lawfully exempted from open meeting requirements by Virginia law were discussed in the closed meeting towhich this certification applies, and (ii) only such public business matters as were identified in the motion convening the closed meeting were heard, discussed, or considered by the Board. Supervisor Dunn 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-SlaughterAye ADJOURN There being no further business, the meetingwas adjourned at 6:34 p.m. Frederick County Board of Supervisors Budget Work Session & Closed Session Minutes *February 26,2019 MINUTES FREDERICK COUNTY BOARD OF SUPERVISORS JOINT SCHOOL BOARD-BOARD OF SUPERVISORS BUDGET WORK SESSION WEDNESDAY, FEBRUARY 27, 2019 5:30P.M. BOARD MEETING ROOM, COUNTY ADMINISTRATION BUILDING 107 NORTH KENT STREET, WINCHESTER, VA ATTENDEES Board of Supervisors:Chairman Charles S. DeHaven, Jr.; ViceChairman Gary A. Lofton; Blaine P. Dunn;Judith McCann-Slaughter;J. Douglas McCarthy; Shannon G. Trout; and Robert W. Wellswere present. Staff present: Kris C. Tierney, County Administrator; Ellen Murphy, Commissioner of the Revenue; C. William Orndoff, Jr., Treasurer; Jay E. Tibbs, Deputy County Administrator; Roderick B. Williams, County Attorney; CherylB. Shiffler, Finance Director; Jennifer Place, Budget Analyst; Sharon Kibler, Assistant Finance Director;Michael Marciano, Human Resources Director; Scott Varner, IT Director; Mike Ruddy, Planning Department Director; Karen Vacchio, Public Information Officer; and Ann W. Phillips, Deputy Clerk to the Board of Supervisors. School Board: Dr. John Lamanna; Michael Lake; Seth Thatcher; Jay Foreman; and Shontya’ Washington and Frank Wright were present. Kali Klubertanz wasabsent. Staff present: Dr. David Sovine, Superintendent; Dr. Al Orndorff, Assistant Superintendent; Steve Edwards, Coordinator of Policy and Communications; Dr. James Angelo, Assistant Superintendent for Instruction; Patty Camery, Executive Director of Finance; Kristen Anderson, FCPS Budget Supervisor; and Tim Crisman, Director of Facilities Services. CALL TO ORDER Chairman DeHaven called the meeting to order at 5:30 p.m. DISCUSSION – School Board FY2020 BudgetProposal Dr. Lamanna and Dr. Sovine provided an overview of the School Board’s budget proposal citing four priorities as: Improved Student Achievement, Competitive Compensation, Asset Preservation, and Professional Development. SupervisorMcCarthy asked for clarificationof new classroom teacher positionsbeing requested, salariesof teachers versus principals, duties of a parent liaison, necessity for bus aides, the salary for an athletic trainer, the need for extending registration and scheduling services, asset preservation versus routine maintenance, plans for scheduled routine maintenance, the current status of Head Start, and plans to expand the Preschool Initiative. Vice ChairmanLofton asked for clarification on the duties of a parent liaison compared to those of a guidance counselor, the duties of an athletic trainer, plans for asset preservation, and whether bus routes had been added because of the pre-school program. He noted his opposition to the pre-school grant saying that the federal funds have now ended leaving a shortfall. Mr. Crisman provided background on the Capital Asset Preservation Plan. Frederick County Board of Supervisors-School Board Joint Work Session Minutes *February 27,2019. Supervisor Trout suggested improving the timing of the budget process.She noted that it is late in the process for the Board of Supervisors to be receiving definite numbers from the School Board. Mr. Tierney and Dr. Sovine explained the factors guiding each board’s budget calendar. SupervisorDunn commented he supported the pharmacy technician instructor position. He proposed the Board modify the current revenue split of 57%/43% and fund an account to be used for the most urgent need from either budget.He said all parties need to work toward impact fees for new development as well as revisions to the proffer law. Dr. Sovine said with the current revenue split, the School Board has made significant cuts in its budget requests and changing the split to reduce the school’s portion would cause greater hardship. Supervisor Trout suggested using fund balance to fund capital projects. Mr. Tierney said the proposed capital fund of $7 million could be used to address such needs. Supervisor Slaughter agreed there were funds available while keeping the rainy-day fund at 20%of operating expenses. Supervisor McCarthy said he would like to see SROs in all schools and hopes the School Board will adjust their budget using funds budgeted for SSOsto offset the additionalcost for SROs. Vice Chairman Lofton said he did not like the comparison to Loudoun County because only certain aspects are compared rather than all. Dr. Lamanna noted the salary disparity between Frederick County teachers and those in surrounding jurisdictions. ADJOURN There being no further business, on motion of Vice Chairman Lofton, seconded by Supervisor McCarthy,the meeting was adjourned at 6:54p.m Frederick County Board of Supervisors-School Board Joint Work Session Minutes *February 27,2019. MINUTES REGULAR MEETING FREDERICK COUNTY BOARD OF SUPERVISORS WEDNESDAY, FEBRUARY 27, 2019 7:00P.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. TroutandRobert 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; Mark Marciano, Human Resources Director; Larry Oliver, Fire and Rescue Department Deputy Chief;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 Supervisor Wells deliveredthe invocation. PLEDGE OF ALLEGIANCE Vice Chairman Lofton led the Pledge of Allegiance. ADOPTION OF AGENDA - APPROVED Upon motion of Supervisor Slaughter, seconded bySupervisor McCarthy,theagenda was adopted on a voice vote. CITIZENS COMMENTS There were no citizens wishing to speak. ADOPTION OF CONSENT AGENDA – APPROVED Upon motion of Supervisor SlaughterLofton, seconded by Supervisor Dunn, theconsent 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 JudithMcCann-SlaughterAye - Minutes: Closed Session of February 13, 2019 - CONSENT AGENDA APPROVAL - Minutes: Regular Meeting of February 13, 2019 - CONSENT AGENDA APPROVAL - Minutes: Budget Work Session of February 13,2019 - CONSENT AGENDA APPROVAL Frederick County Board of Supervisors Regular Meeting Minutes *February 27, 2019 - Code and Ordinance Committee Report of 2/11/19 - CONSENT AGENDA APPROVAL, Appendix 1 - Human Resources Committee Report of 2/8/19 - CONSENT AGENDA APPROVAL, Appendix 2 - Request from the Commissioner of the Revenue for Refunds and Corresponding Supplemental Appropriationsfor Handy Mart LLC - $12,320.79;James Plummer – $2,876.44and Toyota Lease Trust - $3,024.75- CONSENT AGENDA APPROVAL + + + + + + + + + + + + + + BOARD OF SUPERVISORS COMMENTS – None COUNTY OFFICIALS: COMMITTEE APPOINTMENTS JEFF STEVENS AND JIMMY SMITH APPOINTED TO THE SHAWNEELAND SANITARY DISTRICT ADVISORY COMMITTEE - APPROVED Upon motion of Vice Chairman Lofton, seconded by Supervisor McCarthy,Jeff Stevens was re-appointed, and Jimmy Smith was appointed to the Shawneeland Sanitary District Advisory Committee on a voice vote. Mr. Stevens’ term will expire November 9, 2020, andMr. Smith’s term will end February 27, 2021. GARY OATES RE-APPOINTED TO THE FREDERICK WATER BOARD OF DIRECTORS - APPROVED Upon motion of Supervisor Slaughter, seconded by Supervisor McCarthy,Gary Oates was re-appointed to the Frederick Water Board of Directorsfor a four-year term ending April 15, 2023. The motion carried on a voice vote. COMMITTEE BUSINESS: HUMAN RESOURCES COMMITTEE PURCHASING MANAGERPOSITION - APPROVED Supervisor Dunn moved that a new Purchasing Manager position at grade 10 be created. Supervisor McCarthy seconded the motion which carried on a voice vote. FIRE AND RESCUE DEPARTMENT CAREER DEVELOPMENT PROGRAM CHANGES - APPROVED Supervisor Dunn moved for approval of changes in the Fire and Rescue Department’s Career Development Program. Supervisor Slaughter seconded the motion which carried on a voice vote. Frederick County Board of Supervisors Regular Meeting Minutes *February 27, 2019 RECLASSIFICATION OF SALARY RANGES FOR A BATTALION CHIEF (FROM RANGE 9 TO RANGE 10) AND A DEPUTY CHIEF (FROM RANGE 10 TO 11) - APPROVED Supervisor Dunn moved for approval of the reclassification of the salary ranges for a Battalion Chief (from Range9 to Range 10) and a Deputy Chief (from Range 10 to 11).Supervisor McCarthy seconded the motion. Vice Chairman Lofton asked for clarification on the justification for the changes. Mr. Marciano and Deputy Chief Oliver provided background and explanation for the changes relatedto updating the Career DevelopmentProgram.The motion carried on a voice vote. FIRE AND RESCUE DEPARTMENT ASSISTANT CHIEF POSITION – APPROVED Supervisor Dunn moved that a new Fire and Rescue Department Assistant Chief position at grade 12 be created. Supervisor Slaughter seconded the motion. Vice Chairman Lofton and Deputy Chief Oliver discussed the job descriptions and workloads for the Battalion Chief and Deputy Chief positions. Vice Chairman Lofton questioned whether administrative assistants could handle some of the additional work. Mr. Tierney said that there is a need for someone with the knowledge and the authority to address things when the Chief cannot. Chairman DeHaven noted the need to unload some of the Chief’s duties to allow him to do what the Board has requested him to do. The motion for approval of the Assistant Chief position carried on a voice vote. FINANCE COMMITTEE AUTHORIZATION FOR THE SHERIFF TO APPLY FOR A SCHOOL RESOURCE OFFICER (SRO) GRANT THROUGH DCJS - APPROVED Supervisor Slaughter moved for approval to allow the Sheriff to complete a grant application for an SRO in FY 2020. She said if the grant is awarded, a new FY 20 appropriation would be required in the amount of $122,930, of which$80,216 would be local funds. SupervisorMcCarthy secondedthe motion. Vice Chairman Lofton said this is an example of a grant that will not be continued, and he is working on a better way to provide this service. Supervisor McCarthy said it was worth the extra cost to have trained Sheriff’s deputies serving as School Resource Officers. The motion for approval to apply for the grant carried on a roll call vote as follows: Blaine P. Dunn AyeShannon G. Trout Aye Gary A. Lofton No Robert W. Wells Aye J. Douglas McCarthy AyeCharles S. DeHaven, Jr.Aye JudithMcCann-SlaughterAye Frederick County Board of Supervisors Regular Meeting Minutes *February 27, 2019 REQUEST TO SET A PUBLIC HEARING FOR AMENDMENT FREDERICK COUNTY CODE, CHAPTER 155 (TAXATION), ARTICLE III (SENIOR CITIZENS AND DISABLED PERSONS EXEMPTION AND DEFERRAL), TO ADJUST AMOUNTS TO ACCOUNT FOR INFLATION SINCE THE AMOUNTS WERE LAST ESTABLISHED - DENIED Supervisor Slaughter moved for approval of setting a public hearing on amendment of Frederick County Code, Chapter 155 (Taxation), Article III (Senior Citizens andDisabled Persons Exemption and Deferral), to adjust amounts to account for inflation since theamounts were last established. She said the request had been approved and forwarded from the Code &Ordinance Committee, and the Finance Committee has recommended approval. SupervisorDunn seconded the motion. Supervisor Slaughter said that in 2017, the Finance Committee spent several months considering the question with information provided by the Commissioner of the Revenue and the Treasurer. She said she is not in favor of changing the current brackets since the Committee had thoroughly reviewed the matter. Supervisor Dunn said his concern is the brackets have not changed since 2003, and that he had not been aware of the deferral option. The motion failed on a roll call vote as follows: Blaine P. Dunn Aye Shannon G. Trout Aye Gary A. Lofton Aye Robert W. Wells No J. Douglas McCarthy No Charles S. DeHaven, Jr.No JudithMcCann-SlaughterNo + + + + + + + + + + + + + + BOARD LIAISON REPORTS Supervisor Trout provided a brief report on Frederick Watermatters. CITIZEN COMMENTS – None BOARD OF SUPERVISORS COMMENTS Supervisor McCarthy noted his appreciation for the service of the Fire and Rescue Department during the recent ice storm. ADJOURN On motion of Vice Chairman Lofton, seconded by Supervisor Trout, the meeting was adjourned at 7:50 p.m. Frederick County Board of Supervisors Regular Meeting Minutes *February 27, 2019 FINANCE COMMITTEE REPORT to the BOARD OF SUPERVISORS Tuesday, February 26, 2019 3:00 p.m. 107 NORTH KENT STREET, WINCHESTER, VIRGINIA A Finance Committee meeting was held in the Board of Supervisors Mee Room at 107 North Kent Street on Wednesday, February 26, 2019 at 3:00 p.m. ATTENDEES: Committee Members Present: Judith McCann-Slaughter, Chairman; Charles DeHaven; Gary Lofton; Jeffrey Boppe; and Angela Rudolph. Non-voting liaison: Ellen Murphy, Commissioner of the Revenue. Committee Members Absent: William Orndoff, Treasurer (non-voting liaison) 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; Jason Robertson, Parks & Recreation Director; and Joe Wilder, Public Works Director. ITEMS REQUIRING ACTION BY BOARD OF SUPERVISORS () Items 1  4 and 6 were approved under consent agenda. 1. The Public Works Director requests a General Fund supplemental appropriation in the amount of $50,000. This amount represents donated funds for the completion of desig specifications for a training facility building at the animal sh approved by the Public Works Committee. No local funds required p.3  4. 2. The Parks & Recreation Director requests a General Fund supplemental appropriation in the amount of $33,300. This amount represents donated funds for the installation of san volleyball courts at Clearbrook Park. No local funds required. ed memo, p. 5. 3. The Parks & Recreation Director request a General Fund supplemental appropriation in the amount of $925. This amount represents donated funds for a park bench and dog wa stations. No local funds required. See attached memo, p. 5. 4. The Sheriff requests a General Fund supplemental appropriation in the amount of $29,378 This amount represents (2) Byrne/JAG grant awards to be used for phone, a camera, and items for Project Lifesaver. No local fund See attached memos, p. 6  10. 5.The Sheriff requests a General Fund supplemental appropriation in the amount of $6,692. This amount represents proceeds from the sale of a K9 cruiser, and th equipment for the command center. No local funds required. See attached memo, p. 11  12. The committee recommends approval. 6. The Sheriff requests a General Fund supplemental appropriation in the amount of $350. This amount represents restitution for a damaged cruiser, and th maintenance. No local funds required. See attached memo, p. 13  14. 1 NO ACTION REQUIRED 1.The Sheriff requests authorization to apply for a School Resource Officer (SRO) Grant through DCJS. The grant application is for an SRO in FY 2020 and is due awarded, a new FY 20 appropriation would be required in the amou $80,216 would be local funds. See the attached information, p. 15  18. The committee recommended amending the February 27, 2019 Board of Supervisors 2.Amendment Frederick County Code, Chapter 155 (Taxation), Article II Disabled Persons Exemption and Deferral), to adjust amounts to account for inflation amounts were last established. This item has been approved and Ordinance Committee. A public hearing would be required. See a19  41. The committee recommends forwarding item to the Board of Supervisors at the February 27, 2019 to schedule a public hearing. 3.Amendment to Frederick County Code, Chapter 155 (Taxation), to add -A (Exemption for Surviving Spouses of Certain Persons Killed in th been approved and forwarded from the Code & Ordinance Committee. be required. See attached, p. 19  20, 42  58. The committee recommends postponing the item awaiting further information from the County Attorney. INFORMATION ONLY 1.The Finance Director provides a Fund 10 Transfer Report for January 2 59. 2.The Finance Director provides financial statements ending January 3 p.60  70. 3.The Finance Director provides an FY 2019 Fund Balance Report ending attached, p. 71. 4.The Finance Director provides summary information on the 2017 Fire audits. See attached, p. 72  74. Respectfully submitted, FINANCE COMMITTEE Judith McCann-Slaughter, Chairman Charles DeHaven Gary Lofton Jeffrey Boppe Angela Rudolph By ___________________________ Cheryl B. Shiffler, Finance Director 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 CODE & ORDINANCE COMMITTEE REPORT to the BOARD OF SUPERVISORS Thursday, June 28, 2018 8:30 a.m. 107 NORTH KENT STREET, WINCHESTER, VIRGINIA ATTENDEES: Committee Members Present: Shannon Trout, Chair; Blaine P. Dunn; J. Douglas McCarthy; Stephen Butler, and James Drown Committee Members Absent: Derek Aston Staff present: Roderick B. Williams, County Attorney; Jay E. Tibbs, Deputy County Administrator; Treasurer C. William Orndoff, Jr.; and Commissioner of the Revenue Ellen Murphy. ITEMS FOR INFORMATION ONLY: Amendment Frederick County Code, Chapter 155 (Taxation), Article III (Seni 1. Citizens and Disabled Persons Exemption and Deferral), to adjust account for inflation since the amounts were last established. These proposed revisions would adjust the different income and asset limits for program e to account for inflation since the amounts were last established provide for the amounts to be adjusted automatically each year going forward based upon changes in the Consumer Price Index. Lastly, the revisions clarify that the taxes on the dwelling and not more than one acre of land upoed. The committee, Treasurer, and Commissioner discussed the propose raised some concerns relative to the proposal to include the use committee also discussed changes to the total combined income brackets. The high end of the income brackets to receive the 100%, 60%, and 35% exemptions wer The proposed new brackets would be as follows: Total Combined Income Percentage of Exemption $0 - $25,000 100% $25,001 - $30,000 60% $30,001 - $35,000 35% $35,001 - $50,000 10% In addition to the income changes, the committee agreed to keep cap at $150,000 and removed the Consumer Price Index provision. Upon a motion by Mr. Dunn, seconded by Mr. McCarthy, the Code and Ordinance Committee forwarded the proposed ordinance amendment, as modified, to the Finance Committee with a recommendation of approval. The motion was unanimously approved Amendment to Frederick County Code, Chapter 155 (Taxation), to add an Article 2. III-A (Exemption for Surviving Spouses of Certain Persons Killed in Duty). This proposed amendment would allow for an exemption from real p spouses of certain public safety personnel killed in the line of duty. Upon a motion by Mr. McCarthy, seconded by Mr. Drown, the Code and Ordinance Committee forwarded the proposed ordinance amendment to the Finance Commit of approval. The motion was approved by a 4-1 vote with Mr. Dunn voting no. Amendment to Frederick County Code, Chapter 155 (Taxation), Article IV 3. (Personal Property Taxes), Section 155-26 (Exemptions), to add an exemption for one motor vehicle each, owned and regularly used by a veteran wheither lost, or lost the use of, one or both legs, or an arm or a hand or who permanently and totally disabled. 19 This proposed amendment would allow for an exemption from person motor vehicle each, owned by disabled veterans. The tax rate fo which would be accomplished by noting the property in the County exempted from taxation. Mr. McCarthy moved that the Code and Ordinance Committee forwarded the proposed ordinanc amendment to the Finance Committee with a recommendation of approval. The motion died for lack of a second. There being no further business, the meeting was adjourned at 6:53 p.m. Respectfully submitted, Deputy County Administrator cc: Code & Ordinance Committee 20 21 22 23 24 25 26 27 28 Code of Virginia Title 58.1. Taxation Chapter 32. Real Property Tax   Article 2. Exemptions for Elderly and Handicapped § 58.1-3210. Exemption or deferral of taxes on property of certain elderly and handicapped persons. A. The governing body of any county, city or town may, by ordina from, deferral of, or a combination program of exemptions from a estate and manufactured homes as defined in § 36-85.3, or any portion thereof, and upon such conditions and in such amount as the ordinance may prescribe. Su by, and be occupied as the sole dwelling of anyone at least 65 y ordinance, anyone found to be permanently and totally disabled a58.1-3217. Such ordinance may provide for the exemption from or deferral of that represents the increase in tax liability since the year such tax became disabled, or the year such ordinance became effective, wh jointly held by a husband and wife, with no other joint owners, or over or is permanently and totally disabled, and the proratio under § 58.1-3211.1 shall not apply for such dwelling.   B. For purposes of this section, "eligible person" means a perso provided in the ordinance pursuant to subsection A, permanently subsection A, real property owned and occupied as the sole dwell includes real property (i) held by the eligible person alone or tenant or tenants for life or joint lives, (ii) held in a revoca eligible person or the eligible person and his spouse hold the p an irrevocable trust under which an eligible person alone or in possesses a life estate or an estate for joint lives or enjoys a The term "eligible person" does not include any interest held un   C. For purposes of this article, any reference to real estate sh   Code 1950, § 58-760.1; 1971, Ex. Sess., c. 169; 1972, cc. 315, 6 c. 543; 1977, cc. 48, 453, 456; 1978, cc. 774, 776, 777, 780, 78 1980, cc. 656, 666, 673; 1981, c. 434; 1982, cc. 123, 457; 1984, 357;2014, c. 767.   § 58.1-3211. Repealed. Repealed by Acts 2011, cc. 438 and 496, cl. 4, effective March 24, 2011, and applicable to tax years beginning on or after January 1, 2011.   § 58.1-3211.1. Prorated tax exemption or deferral of tax. A. The governing body of the county, city, or town may, by ordin exemption from or deferral of (or combination program thereof) r jointly held by two or more individuals not all of whom are at l ordinance) permanently and totally disabled, provided that the d dwelling by all such joint owners.   The tax exemption or deferral for the dwelling that otherwise wo 12/7/2019 29 the local ordinance shall be prorated by multiplying the amount fraction that has as a numerator the percentage of ownership int such joint owners who are at least age 65 or (if provided in the totally disabled, and as a denominator, 100%. As a condition of or deferral, the joint owners of the dwelling shall be required officer sufficient evidence of each joint owner's ownership inte   B. For purposes of this subsection, "eligible person" means a pe provided in the ordinance pursuant to subsection A, permanently purposes of the tax exemption pursuant to subsection A, real pro held by two or more individuals includes real property (i) held conjunction with one or more other people as tenant or tenants f revocable inter vivos trust over which an eligible person with o power of revocation, or (iii) held in an irrevocable trust under conjunction with one or more other people possesses a life estat enjoys a continuing right of use or support. The term "eligible interest held under a leasehold or term of years.   C. The provisions of this section shall not apply to dwellings j with no other joint owners.   D. Nothing in this section shall be interpreted or construed to deferral of tax for any dwelling jointly held by nonindividuals.   2007, c. 357;2008, cc. 298, 695;2011, cc. 438, 496;2014, c. 767.   § 58.1-3212. Local restrictions and exemptions. Pursuant to Article X, Section 6 (b) of the Constitution of Virg authorizes the governing body of a county, city or town to estab worth or annual income limitations as a condition of eligibility tax allowed pursuant to this article. If the governing body esta limitation, the computation of annual income shall be based on a received during the preceding calendar year, without regard to w filed, by (i) owners of the dwelling who use it as their princip who live in the dwelling, except for those relatives living in t caregiving services to the owner whether such relatives are comp option of each locality, nonrelatives of the owner who live in t tenants or bona fide caregivers of the owner, whether compensate establishes a net financial worth limitation, net financial wort the net financial worth, including the present value of equitabl the immediately preceding calendar year, of the owners, and of t dwelling.   Nothing in this section shall be construed or interpreted as to body of a county, city or town from excluding certain sources of for purposes of its annual income limitation or excluding certai for purposes of its net financial worth limitation.   Any county, city, or town that pursuant to this article provides of, or a combination program of exemptions from and deferrals of 22/7/2019 30 exempt or defer the real property taxes of the qualifying dwelli acres, upon which it is situated.   No local ordinance shall require that a citizen reside in the ju time as a condition for qualifying for any real estate tax exemp established pursuant to § 58.1-3210.   Code 1950, § 58-760.1; 1971, Ex. Sess., c. 169; 1972, cc. 315, 6 c. 543; 1977, cc. 48, 453, 456; 1978, cc. 774, 776, 777, 780, 78 1980, cc. 656, 666, 673; 1981, c. 434; 1982, cc. 123, 457; 1984, 438, 496;2012, c. 299;2014, c. 767.   § 58.1-3213. Application for exemption. A. The person claiming such exemption shall file annually with t of the county, city or town assessing officer or such other offi governing body in which such dwelling lies, on forms to be suppl concerned, an affidavit or written statement setting forth (i) t occupying such real estate and (ii) that the total combined net interests and the combined income from all sources, of the perso58.1-3212, does not exceed the limits, if any, prescribed in the local ordinance   B. In lieu of the annual affidavit or written statement filing r may prescribe by ordinance for the filing of the affidavit or wr cycle with an annual certification by the taxpayer that no infor preceding affidavit or written statement filed has changed to vi conditions provided herein.   C. Notwithstanding the provisions of subsections A, B, and E, an local ordinance, prescribe the content of the affidavit or writt subsection A, subject to the requirements established in §§ 58.1-3210, 58.1-3211.1, and 58.1- 3212, and the local ordinance; the frequency with which an affidavit certification as described in subsection B of this section must filing of affidavits or written statements.   D. If such person is under 65 years of age, such form shall have the Social Security Administration, the Department of Veterans A Retirement Board, or if such person is not eligible for certific sworn affidavit by two medical doctors who are either licensed t Commonwealth or are military officers on active duty who practic States Armed Forces, to the effect that the person is permanentl in § 58.1-3217;however, a certification pursuant to 42 U.S.C. § 423 (d) by the Administration so long as the person remains eligible for such s deemed to satisfy such definition in § 58.1-3217. The affidavit of at least one of the doctors shall be based upon a physical examination of the person by such docto doctors may be based upon medical information contained in the r Commission which is relevant to the standards for determining pe defined in § 58.1-3217.   E. Such affidavit, written statement or certification shall be f before April 1, or such later date as may be fixed by ordinance. 32/7/2019 31 procedure for late filing by first-time applicants or for hardsh   F. The commissioner of the revenue or town assessing officer or governing body of the county, city or town shall also make any o inquiry of persons seeking such exemption, requiring answers und qualifications as specified herein, including qualification as p defined in § 58.1-3217 and qualification for the exclusion of life insurance benefits death of an owner of a dwelling, or as specified by county, city governing body may, in addition, require the production of certi income or financial worth of any applicant for tax relief or def   Code 1950, § 58-760.1; 1971, Ex. Sess., c. 169; 1972, cc. 315, 6 c. 543; 1977, cc. 48, 453, 456; 1978, cc. 774, 776, 777,780, 788 1980, cc. 656, 666, 673; 1981, c. 434; 1982, cc. 123, 457; 1984, 334; 1990, c. 158; 1991, c. 286; 1996, c. 480;1997, c. 710;2007, c. 357;2011, cc. 438, 496.   § 58.1-3213.1. Notice of local real estate tax exemption or deferral program for the elderly and handicapped. The treasurer of any county, city or town shall enclose written of the terms and conditions of any local real estate tax exempti established in the jurisdiction pursuant to § 58.1-3210. The treasurer shall also employ any other reasonable means necessary to notify residents of the county, ci conditions of the real estate tax exemption or deferral program residents of the county, city or town.   1989, c. 568.   § 58.1-3214. Absence from residence. The fact that persons who are otherwise qualified for tax exempt promulgated pursuant to this article are residing in hospitals, homes or other facilities for physical or mental health care for be construed to mean that the real estate for which tax exemptio continue to be the sole dwelling of such persons during such ext so long as such real estate is not used by or leased to others f   Code 1950, § 58-760.1; 1971, Ex. Sess., c. 169; 1972, cc. 315, 6 c. 543; 1977, cc. 48, 453, 456; 1978, cc. 774, 776, 777, 780, 78 1980, cc. 656, 666, 673; 1981, c. 434; 1982, cc. 123, 457; 1984,476, 507.   § 58.1-3215. Effective date; change in circumstances. A. An exemption or deferral enacted pursuant to § 58.1-3210 or 58.1-3211.1 may be granted for any year following the date that the qualifying individual occup title or partial title thereto reaches the age of 65 years or fo disability occurred. Changes in income, financial worth, ownersh occurring during the taxable year for which an affidavit is file or violating the limitations and conditions provided by county, nullify any exemption or deferral for the remainder of the curre year immediately following. However, any locality may by ordinan exemption or deferral for the portion of the taxable year during such exemption or deferral. 42/7/2019 32   B. An ordinance enacted pursuant to this article may provide tha spouse or a nonqualifying individual, when such change resulted qualifying individual, or a sale of such property shall result i for the then current taxable year. The proceeds of the sale whic exemption or deferral shall not be included in the computation o provided in subsection A. Such prorated portion shall be determi of the exemption or deferral by a fraction wherein the number of such property was properly eligible for such exemption or deferr number 12 is the denominator.   C. An ordinance enacted pursuant to this article may provide tha qualify for the exemption or deferral under this article based u limitations and financial worth limitations, may nonetheless qua an affidavit that clearly shows a substantial change of circumst the part of the individual to become eligible for the exemption income and financial worth levels that are within the limitation may impose additional conditions and require other information u locality may prorate the exemption or deferral from the date the other date.   Any exemption or deferral under this subsection must be conditio another affidavit after the end of the year in which the exempti a period of time specified by the locality, showing that the act levels were within the limitations set by the ordinance. If the levels exceeded the limitations any exemption or deferral shall taxable year and the taxable year immediately following.   Code 1950, § 58-760.1; 1971, Ex. Sess., c. 169; 1972, cc. 315, 6 c. 543; 1977, cc. 48, 453, 456; 1978, cc. 774, 776, 777, 780, 78 1980, cc. 656, 666, 673; 1981, c. 434; 1982, cc. 123, 457; 1984, 1989, c. 40; 2007, c. 357;2008, c. 208;2011, cc. 438, 496.   § 58.1-3216. Deferral programs; taxes to be lien on property. A. For purposes of this section:   "Nonqualified transfer" means a transfer in ownership of the rea for bona fide consideration, other than (i) a transfer by the qu without limitation a transfer creating a tenancy for life or joi qualified owner or the qualified owner and his spouse to a revoc the qualified owner, or the qualified owner and his spouse, hold transfer to an irrevocable trust under which a qualified owner a spouse possesses a life estate or an estate for joint lives, or support.   "Qualified owner" means the owner of the real property who quali city, or town ordinance.   B. In the event of a deferral of real estate taxes granted by or taxes deferred shall be paid to the county, city, or town concer executor, or administrator: (i) upon the sale of the real estate 52/7/2019 33 the real estate; or (iii) from the estate of the decedent within qualified owner thereof. Such deferred real estate taxes shall b any ordinance establishing a combined program of exemptions and may provide for interest not to exceed eight percent per year on such taxes and interest, if applicable, shall constitute a lien been assessed without regard to the deferral permitted by this a extent that it exceeds in the aggregate 10 percent of the price sold, be inferior to all other liens of record.   Code 1950, § 58-760.1; 1971, Ex. Sess., c. 169; 1972, cc. 315, 6 c. 543; 1977, cc. 48, 453, 456; 1978, cc. 774, 776, 777, 780, 78 1980, cc. 656, 666, 673; 1981, c. 434; 1982, cc. 123, 457; 1984,291.   § 58.1-3217. Permanently and totally disabled defined. For purposes of this article, the term "permanently and totally engage in any substantial gainful activity by reason of any medi mental impairment or deformity which can be expected to result i last for the duration of such person's life.   Code 1950, § 58-760.1; 1971, Ex. Sess., c. 169; 1972, cc. 315, 6 c. 543; 1977, cc. 48, 453, 456; 1978, cc. 774, 776, 777, 780, 78 1980, cc. 656, 666, 673; 1981, c. 434; 1982, cc. 123, 457; 1984,   § 58.1-3218. Repealed. Repealed by Acts 2011, cc. 438 and 496, cl. 4, effective March 24, 2011, and applicable to tax years beginning on or after January 1, 2011.   62/7/2019 34 35 36 37 38 39 40 41 42 43 44 45 46 Code of Virginia Title 58.1. Taxation Chapter 32. Real Property Tax   Article 2.5. Exemption for Surviving Spouses of Certain Persons Killed in the Line of Duty § 58.1-3219.13. Definitions. As used in this article, unless the context requires otherwise:   "Covered person" means any person set forth in the definition of9.1-400 whose beneficiary, as defined in § 9.1-400, is entitled to receive benefits under § 9.1-402, as determined by the Comptroller prior to July 1, 2017, or as deter System on and after July 1, 2017.   2017, c. 248.   § 58.1-3219.14. Exemption from taxes on property of surviving spouses of certain persons killed in the line of duty. A. Pursuant to Article X, Section 6-B of the Constitution of Vir after January 1, 2017, any county, city, or town may exempt from described in subsection B of the surviving spouse of any covered property as his principal place of residence. If the covered per January 1, 2017, and the surviving spouse has a principal reside for the exemption under this section, then the exemption for the January 1, 2017. If the covered person's death occurs after Janu spouse has a principal residence eligible for the exemption unde such covered person dies, then the exemption for the surviving s that such covered person dies. If the surviving spouse acquires then the exemption shall begin on the date of acquisition, and t entitled to a refund for a pro rata portion of real property tax58.1-3360. No county, city, or town shall be liable for any interest on any re taxes paid prior to the surviving spouse's filing of the affidav 58.1-3219.15.   B. Those dwellings, in any locality that provides the exemption assessed values in the most recently ended tax year that are not value for such year of a dwelling situated on property that is z shall qualify for a total exemption from real property taxes und dwelling is in excess of the average assessed value as described portion of the assessed value in excess of the average assessed property taxes, and the portion of the assessed value that is no value shall be exempt from real property taxes. Single-family ho homes, manufactured homes as defined in § 46.2-100 whether or not the wheels and other equipment previously used for mobility have been removed, and ot surviving spouses, whether or not the land on which the single-f home, manufactured home, or other type of dwelling of a survivin someone other than the surviving spouse, that (i) meet this requ such persons as their principal place of residence shall qualify exemption. If the land on which the single-family home, condomin 12/7/2019 47 manufactured home, or other type of dwelling is located is not o then the land is not exempt.   For purposes of determining whether a dwelling, or a portion of and town real property taxes, the average assessed value shall b located within the county that are situated on property zoned as   C. The surviving spouse shall qualify for the exemption so long remarry and continues to occupy the real property as his princip exemption applies without any restriction on the spouse's moving residence.   D. A county, city, or town shall provide for the exemption from qualifying dwelling, or that portion of the value of such dwelli exemption pursuant to subsection B, and (ii) with the exception surviving spouse, the land, not exceeding one acre, upon which i county, city, or town provides for an exemption from or deferral than one acre of land pursuant to Article 2 (§ 58.1-3210 et seq.), then the county, city, or town shall also provide an exemption for the same number of acres pur property improvement other than a dwelling, including the land u is situated, made to such one acre or greater number of acres ex this subsection shall also be exempt from taxation so long as th improvement is (a) to house or cover motor vehicles or household classified in subdivision A 14 of § 58.1-3503 and as listed in § 58.1-3504 and (b) for other than a business purpose.   E. For purposes of this exemption, real property of any survivin includes real property (i) held by a surviving spouse as a tenan inter vivos trust over which the surviving spouse holds the powe irrevocable trust under which the surviving spouse possesses a l right of use or support. Such real property does not include any term of years.   F. 1. In the event that (i) a surviving spouse is entitled to an virtue of holding the property in any of the three ways set fort more other persons have an ownership interest in the property th property, then the tax exemption for the property that otherwise be prorated by multiplying the amount of the exemption by a frac 1 and the denominator of which equals the total number of people that permits them to occupy the property.   2. In the event that the principal residence is jointly owned by the surviving spouse, and no person is entitled to the exemption holding the property in any of the three ways set forth in subse be prorated by multiplying the amount of the exemption by a frac the percentage of ownership interest in the dwelling held by the denominator of which is 100.   2017, c. 248.   § 58.1-3219.15. Application for exemption. 22/7/2019 48 A. The surviving spouse claiming the exemption under this articl commissioner of the revenue of the county, city, or town or such designated by the governing body in which the real property is l by the county, city, or town, an affidavit or written statement spouse's name, (ii) indicating any other joint owners of the rea real property is occupied as the surviving spouse's principal pl evidence of the determination of the Comptroller or the Virginia subsection A. The surviving spouse shall also provide documentat spouse of a covered person and of the date that the covered pers   The surviving spouse shall be required to refile the information the surviving spouse's principal place of residence changes.   B. The surviving spouse shall promptly notify the commissioner o remarriage.   2017, c. 248.   § 58.1-3219.16. Absence from residence. The fact that surviving spouses who are otherwise qualified for article are residing in hospitals, nursing homes, convalescent h physical or mental care for extended periods of time shall not b estate for which tax exemption is sought does not continue to be persons during such extended periods of other residence, so long by or leased to others for consideration.   2017, c. 248.   32/7/2019 49 Code of Virginia Title 9.1. Commonwealth Public Safety   Chapter 4. Line of Duty Act. § 9.1-400. Title of chapter; definitions. A. This chapter shall be known and designated as the Line of Dut   B. As used in this chapter, unless the context requires a differ   "Beneficiary" means the spouse of a deceased person and such per under the will of a deceased person if testate, or as his heirs   "Deceased person" means any individual whose death occurs on or of duty as the direct or proximate result of the performance of presumptions under §§ 27-40.1, 27-40.2, 51.1-813, 65.2-402, and 65.2-402.1 if his position is covered by the applicable statute, as a law-enforcement officer its political subdivisions, except employees designated pursuant53.1-10 to investigate allegations of criminal behavior affecting the operations of the employees designated pursuant to § 66-3 to investigate allegations of criminal behavior affecting the operations of the Department of Juvenile Justice, and member the State Inspector General designated pursuant to § 2.2-311 to investigate allegations of criminal behavior affecting the operations of a state or nonstat defined in § 53.1-1;a jail officer; a regional jail or jail farm superintendent; a s sheriff, or city sergeant or deputy city sergeant of the City of member of any fire company or department or emergency medical se recognized by an ordinance or a resolution of the governing body the Commonwealth as an integral part of the official safety prog town, including a person with a recognized membership status wit department who is enrolled in a Fire Service Training course off of Fire Programs or any fire company or department training requ to become a certified firefighter; a member of any fire company for facilities of the Virginia National Guard or the Virginia Ai Virginia National Guard or the Virginia Defense Force while such Virginia National Guard or the Virginia Defense Force on officia Title 32 of the United States Code; any special agent of the Vir Authority; any regular or special conservation police officer wh county, city, or town or from the Commonwealth appointed pursuan29.1- 200;any commissioned forest warden appointed under the provisions of10.1-1135;any member or employee of the Virginia Marine Resources Commission granted to § 28.2-900;any Department of Emergency Management hazardous materials offic employee of the Department of Emergency Management who is perfor agency, when those duties are related to a major disaster or eme44-146.16 , that has been or is later declared to exist under the authorit with § 44-146.28;any employee of any county, city, or town performing official em management or emergency services duties in cooperation with the Management, when those duties are related to a major disaster or44- 146.16, that has been or is later declared to exist under the authorit accordance with § 44-146.28 or a local emergency, as defined in § 44-146.16, declared by a local governing body; any nonfirefighter regional hazardous materials 12/7/2019 50 member; any conservation officer of the Department of Conservati commissioned pursuant to § 10.1-115;or any full-time sworn member of the enforcement division of the Department of Motor Vehicles appointed pursuant 46.2-217.   "Disabled person" means any individual who has been determined t incapacitated so as to prevent the further performance of his du where such incapacity is likely to be permanent, and whose incap as the direct or proximate result of the performance of his duty under §§ 27-40.1, 27-40.2, 51.1-813, 65.2-402, and 65.2-402.1 if his position is covered by the applicable statute, in any position listed in the definition of "Disabled person" does not include any individual who has been d disabled pursuant to subdivision A 2 of § 9.1-404. "Disabled person" includes any state employee included in the definition of a deceased person who was disabled   "Eligible dependent" for purposes of continued health insurance 9.1-401 means the natural or adopted child or children of a deceased person or dis disabled person's eligible spouse, provided that any such natura pregnancy that occurred prior to the time of the employee's deat adopted child is (i) adopted prior to the time of the employee's after the employee's death or disability if the adoption is purs entered into prior to the death or disability. Eligibility will which the eligible dependent reaches age 26 or when the eligible based on the Virginia Administrative Code or administrative guid Department of Human Resource Management.   "Eligible spouse" for purposes of continued health insurance pur9.1-401 means the spouse of a deceased person or a disabled person at the time of will continue until the eligible spouse dies, ceases to be marri case of the spouse of a deceased person, dies, remarries on or a ceases to be eligible based on the Virginia Administrative Code determined by the Department of Human Resource Management.   "Employee" means any person who would be covered or whose spouse beneficiaries would be covered under the benefits of this chapte person or a deceased person.   "Employer" means (i) the employer of a person who is a covered e volunteer who is a member of any fire company or department or r definition of "deceased person," the county, city, or town that recognized such fire company or department or rescue squad as an safety program of such locality.   "Fund" means the Line of Duty Death and Health Benefits Trust Fu 9.1-400.1.   "Line of duty" means any action the deceased or disabled person perform by rule, regulation, condition of employment or service,   "LODA Health Benefit Plans" means the separate health benefits p 9.1-401.   22/7/2019 51 "Nonparticipating employer" means any employer that is a politic Commonwealth that elected to directly fund the cost of benefits not participate in the Fund.   "Participating employer" means any employer that is a state agen the Commonwealth that did not make an election to become a nonpa   "VRS" means the Virginia Retirement System.   1995, cc. 112, 156, 597, §§ 2.1-133.5, 2.1-133.6; 1996, cc. 66, 174;1998, c. 712;2001, cc. 678, 844; 2003, cc. 37, 41, 1005;2004, c. 30;2005, cc. 907, 910;2006, c. 824;2007, c. 87;2011, cc. 572, 586; 2012, cc. 374, 458, 573;2015, cc. 38, 502, 503, 730;2016, c. 677;2017, cc. 439, 627;2018, c. 548.   § 9.1-400.1. Line of Duty Death and Health Benefits Trust Fund. A. There is hereby established a permanent and perpetual fund to Death and Health Benefits Trust Fund, consisting of such moneys General Assembly, contributions or reimbursements from participa employers, gifts, bequests, endowments, or grants from the Unite agencies or instrumentalities, net income from the investment of any other available sources of funds, public and private. Any mo the end of a biennium shall not revert to the general fund but s and income earned from the investment of such moneys shall remai to it. The moneys in the Fund shall be (i) deemed separate and i segregated and accounted for separately from all other funds of administered solely in the interests of the persons who are cove pursuant to this chapter. Deposits to and assets of the Fund sha creditors.   B. The Virginia Retirement System shall invest, reinvest, and ma provided in § 51.1-124.39 and shall be reimbursed from the Fund for such activities as pr in that section.   C. The Fund shall be used to provide the benefits under this cha deceased persons, eligible dependents, and eligible spouses on b and to pay related administrative costs.   D. Each participating employer shall make annual contributions t information as determined by VRS. The amount of the contribution employer shall be determined on a current disbursement basis in of this section. For purposes of establishing contribution amoun member of any fire company or department or rescue squad that ha ordinance or a resolution of the governing body of any locality integral part of the official safety program of such locality sh served by the company, department, or rescue squad. If a company serves more than one locality, the affected localities shall det apportionment of the required covered payroll and contributions or rescue squad.   If any participating employer fails to remit contributions or ot the Fund, VRS shall inform the State Comptroller and the affecte delinquent amount. In calculating the delinquent amount, VRS may 32/7/2019 52 one percent per month of delinquency. The State Comptroller shal delinquent amount, plus interest, from any moneys otherwise dist employer.   2016, c. 677;2017, c. 439.   § 9.1-401. Continued health insurance coverage for disabled persons, eligible spouses, and eligible dependents. A. Disabled persons, eligible spouses, and eligible dependents s insurance coverage as provided in this section, the cost of whic nonparticipating employer to the Department of Human Resource Ma on behalf of a participating employer, as applicable. If any dis receiving the benefits described in this section and would other insurance credit described in Chapter 14 (§ 51.1-1400 et seq.) of Title 51.1, the amount of such credit shall be deposited into the Line of Duty Death and Health the nonparticipating employer, as applicable, from the health in manner prescribed by VRS.   B. 1. The continued health insurance coverage provided by this s eligible spouses, and eligible dependents shall be through separ LODA Health Benefits Plans (the Plans), administered by the Depa Management. The Plans shall comply with all applicable federal a modeled upon state employee health benefits program plans. Fundi contingency shall be provided through a line of credit, the amou actuarially determined estimate of liabilities. The Department o shall be reimbursed for health insurance premiums and all reason associated, directly and indirectly, in performing the duties pu Line of Duty Death and Health Benefits Trust Fund for costs rela persons, eligible dependents, and eligible spouses on behalf of from a nonparticipating employer for premiums and costs related persons, eligible dependents, and eligible spouses for which the responsible. If any nonparticipating employer fails to remit suc Department of Human Resource Management shall inform the State C affected nonparticipating employer of the delinquent amount. In amount, the Department of Human Resource Management may impose a percent per month of delinquency. The State Comptroller shall fo delinquent amount, plus interest, from any moneys otherwise dist nonparticipating employer.   2. In the event that temporary health care insurance coverage is eligible spouses, and eligible dependents during the period of t Benefits Plans, the Department of Human Resource Management is a provide temporary transitional health insurance coverage. The ty transitional health plans shall be within the sole discretion of Resource Management. Transitional coverage for eligible dependen eligibility criteria of the transitional plans until enrollment be completed.   C. 1. a. Except as provided in subdivision 2 and any other law, 42/7/2019 53 coverage in any LODA Health Benefits Plans shall not be provided coverage under the Plan is based on a deceased person's death or occurring on or after July 1, 2017 and (ii) who is eligible for   b. Coverage in the LODA Health Benefits Plans shall also cease f   2. The provisions of subdivision 1 a shall not apply to any disa Medicare due to disability under Social Security Disability Insu Board Disability Annuity. The Department of Human Resource Manag disabled person coverage under a LODA Health Benefits Plan that other persons.   3. Continued health insurance under this section shall also term return to full duty in any position listed in the definition of 9.1-400. Such disabled person shall promptly notify the participating or nonpa the Department of Human Resource Management upon his return to w   4. Such continued health insurance shall be suspended for the Pl in which the disabled person whose coverage under the Plan is ba or after July 1, 2017, has earned income in an amount equal to o position held by the disabled person at the time of disability, annual increases in the United States Average Consumer Price Ind consumers (CPI-U), as published by the Bureau of Labor Statistic Labor. Such suspension shall cease the Plan year following a cal person has not earned such amount of income. The disabled person or nonparticipating employer, VRS, and the Department of Human R later than March 1 of the year following any year in which he ea notify the participating or nonparticipating employer, VRS, and Resource Management when he no longer is earning such amount. Up person shall provide VRS and the Department of Human Resource Ma documentation of earned income.   1998, c. 712, § 2.1-133.7:1; 2000, c. 616;2001, c. 844;2016, c. 677;2017, c. 439.   § 9.1-401.1. Supplemental short-term disability benefit for state police officers. A state police officer who is a participating employee, as defin51.1-1100, and who incurs a work-related injury in the line of duty, shall receive supplemen pursuant to § 51.1-1121, that provides income replacement for 100 percent of the office creditable compensation for the first six months and, pursuant t Superintendent of State Police, based on a medical evaluation, t to service within another six months, up to one calendar year, t regard to the officer's number of months of state service. Excep regard to the rate of income replacement and the duration of sup coverage, such state police officers shall be eligible for work- disability benefits upon the same terms and conditions that appl employees pursuant to Article 4 (§ 51.1-1119 et seq.) of Chapter 11 of Title 51.1. Upon the expiration of the one-calendar-year period, such state police of supplemental long-term disability benefits as provided in § 51.1-1123.   2010, c. 654.   52/7/2019 54 § 9.1-402. Payments to beneficiaries of certain deceased law-enforcement officers, firefighters, etc., and retirees. A. The beneficiary of a deceased person whose death occurred on while in the line of duty as the direct or proximate result of t entitled to receive the sum of $75,000, which shall be paid by t from the Fund on behalf of a participating employer, as applicab recognition of his sacrifice on behalf of the people of the Comm   B. The beneficiary of a deceased person whose death occurred on in the line of duty as the direct or proximate result of the per entitled to receive the sum of $100,000, which shall be paid by from the Fund on behalf of a participating employer, as applicab recognition of his sacrifice on behalf of the people of the Comm   C. Subject to the provisions of § 27-40.1, 27-40.2, 51.1-813, or 65.2-402, if the deceased person's death (i) arose out of and in the course of his employment or (i date of retirement, his beneficiary shall be entitled to receive paid by the nonparticipating employer or from the Fund on behalf applicable.   1995, cc. 156, 597, § 2.1-133.7; 2000, c. 314;2001, c. 844;2006, c. 878;2016, c. 677.   § 9.1-402.1. Payments for burial expenses. It is the intent of the General Assembly that expeditious paymen for deceased persons whose death is determined to be a direct an performance in the line of duty as defined by the Line of Duty A the request of the family of a person who may be subject to the payments shall be made to a funeral service provider for burial nonparticipating employer or from the Fund on behalf of a partic These payments would be advanced from the death benefit that wou of the deceased person if it is determined that the person quali Expenses advanced under this provision shall not exceed the cove 65.2-512. In the event a determination is made that the death is not sub benefits, VRS or other Virginia governmental retirement fund of will deduct from benefit payments otherwise due to be paid to th payments previously paid for burial and related transportation e the nonparticipating employer or to the Fund on behalf of a part applicable. The Virginia Retirement System shall have the right Workers' Compensation Commission against any employer to recover transportation expenses advanced under this provision.   2012, cc. 90, 576;2016, c. 677.   § 9.1-403. Claim for payment; costs. A. Every beneficiary, disabled person or his spouse, or dependen person shall present his claim to the chief officer, or his desi disabled or deceased person last worked on forms to be provided the chief officer or his designee shall forward the claim to VRS Retirement System shall determine eligibility for benefits under 62/7/2019 55 Retirement System may request assistance in obtaining informatio eligibility determination from the Department of State Police. T shall take action to conduct the investigation as expeditiously State Police shall be reimbursed from the Fund or the nonpartici for the cost of searching for and obtaining information requeste Retirement System shall be reimbursed for the reasonable costs i determinations by nonparticipating employers or from the Fund on employers, as applicable. If any nonparticipating employer fails costs incurred in making an eligibility determination, VRS shall the affected nonparticipating employer of the delinquent amount. amount, VRS may impose an interest rate of one percent per month Comptroller shall forthwith transfer such delinquent amount, plu otherwise distributable to such nonparticipating employer.   B. 1. Within 10 business days of being notified by an employee, that such employee is permanently and totally disabled due to a the line of duty, the agency or department employing the employe information about the continued health insurance coverage provid process for initiating a claim. The employer shall assist in fil waived by the employee or the employee's representative.   2. Within 10 business days of having knowledge that a deceased p dependents, or beneficiaries may be entitled to benefits under t which the deceased person last worked shall provide the survivin beneficiaries, as applicable, with information about the benefit the process for initiating a claim. The employer shall assist in assistance is waived by the surviving spouse, dependents, or ben   C. Within 30 days of receiving a claim pursuant to subsection A, any evidence that could assist in determining the eligibility of involves a presumption under § 65.2-402 or 65.2-402.1, VRS shall provide an employer additional time to submit evidence as is necessary not to exceed nine month received a claim pursuant to subsection A. Any such evidence sub included in the agency record for the claim.   1995, c. 156, § 2.1-133.8; 1998, c. 712;2001, cc. 427, 844;2007, c. 90;2009, cc. 393, 580;2016, c. 677.   § 9.1-404. Order of the Virginia Retirement System. A. 1. The Virginia Retirement System shall make an eligibility d receiving all necessary information for determining eligibility 9.1-403. The Virginia Retirement System may use a medical board pursuant 51.1-124.23 in determining eligibility. If benefits under this chapter are due, nonparticipating employer, which shall provide the benefits with VRS shall pay the benefits from the Fund on behalf of the partic of the determination, as applicable. The payments shall be retro disabled person was no longer eligible for health insurance cove   2. Two years after an individual has been determined to be a dis the disabled person to renew the determination through a process 72/7/2019 56 disabled person refuses to submit to the determination renewal p subdivision, then benefits under this chapter shall cease for th dependents, and an eligible spouse until the individual complies comply within six months from the date of the initial request fo benefits under this chapter shall permanently cease for the indi and an eligible spouse. If VRS issues a renewed determination th disabled person, then benefits under this chapter shall permanen eligible dependents, and an eligible spouse. If VRS issues a ren individual remains a disabled person, then VRS may require the d determination five years after such renewed determination throug The Virginia Retirement System may require the disabled person t any time if VRS has information indicating that the person may n   B. The Virginia Retirement System shall be reimbursed for all re associated, directly and indirectly, in performing the duties pu Line of Duty Death and Health Benefits Trust Fund for costs rela persons, eligible dependents, and eligible spouses on behalf of from a nonparticipating employer for premiums and costs related persons, eligible dependents, and eligible spouses for which the responsible.   C. The Virginia Retirement System may develop policies and proce the provisions of this chapter.   1995, cc. 156, 597, § 2.1-133.9; 1998, c. 712;2001, c. 844;2016, c. 677;2017, c. 439.   § 9.1-405. Appeal from decision of Virginia Retirement System. Any beneficiary, disabled person or eligible spouse or eligible disabled person aggrieved by the decision of VRS may appeal the established by VRS. Any such process may utilize a medical board51.1-124.23. An employer may submit information related to the claim and may fact-finding proceeding that is included in such process establi the appeal process, the final determination issued by VRS shall defined in § 2.2-4001. Any beneficiary, disabled person, or eligible spouse or eligib of a deceased or disabled person aggrieved by, and claiming the decision shall have a right to seek judicial review thereof in a2.2-4025 et seq.) of the Administrative Process Act. The employer shall n judicial review.   1995, cc. 156, 597, § 2.1-133.10; 1998, c. 712;2001, c. 844;2016, c. 677.   § 9.1-406. Repealed. Repealed by Acts 2016, c. 677, cl. 2, effective July 1, 2017.   § 9.1-407. Training. Any employee entitled to benefits under this chapter shall recei employment, and again every two years thereafter, concerning the or his beneficiary in case of disability or death in the line of System and the Department of Human Resource Management, in consu of Public Safety and Homeland Security, shall develop training i 82/7/2019 57 employers. The employer shall be responsible for providing the t count toward in-service training requirements for law-enforcemen9.1- 102 and shall include, but not be limited to, the general rules for in § 64.2-200 that may be applicable to the distribution of benefits provided9.1-402.   2006, c. 535;2014, cc. 115, 490;2016, c. 677;2017, c. 439.   § 9.1-408. Records of investigation confidential. A. Evidence and documents obtained by or created by, and the rep by, the Department of State Police, the Virginia Retirement Syst Resource Management in carrying out the provisions of this chapt confidential, (ii) be exempt from disclosure under the Freedom o2.2-3700 et seq.), and (iii) not be released in whole or in part by any pers in this chapter. Notwithstanding the provisions of this section, parties such information, documents, and reports for purposes of this chapter.   B. Notwithstanding subsection A, the Department of State Police Accounts shall, upon request, share with the Virginia Retirement Human Resource Management any information, evidence, documents, investigation related to existing and past claims for benefits p information, evidence, documents, and reports of investigation s under the Virginia Freedom of Information Act (§ 2.2-3700 et seq.).   2010, c. 568;2017, c. 439.   92/7/2019 58 BUDGET TRANSFERS JANURAY 2019 Page 1 DATEDEPARTMENT/GENERAL FUNDREASON FOR TRANSFERFROMTOACCTCODEAMOUNT 1/8/2019SHERIFFCOVER EXPENSES FOR VEHICLE/POWER EQIPMENT 31025413000000 (2,000.00) SHERIFF31025408000000 2,000.00 1/8/2019SHERIFF8 PROMOTIONs31024003000002 (5,095.49) SHERIFF31021007000001 5,095.49 1/9/2019TRANSFERS/CONTINGENCYBOARD ACTION 1/9/19 GIS TECHNICIAN93015890000000 (11,251.00) INFORMATION TECHNOLOGY12201001000022 11,251.00 1/9/2019TRANSFERS/CONTINGENCYBOARD ACTION 1/9/19 RADIO EQUIPMENT93015890000000 (42,000.00) SHERIFF31025409000000 42,000.00 1/9/2019FIRE AND RESCUEFIRE AND RESCUE LEASE YEAR NUMBER 235059001000000 11,877.87 INFORMATION TECHNOLOGY12209001000000 (11,877.87) 1/10/2019COUNTY ADMINISTRATORPC REFRESH12015401000000 4,648.53 COUNTY ATTORNEY12025401000000 980.35 COMMISSIONER OF THE REVENUE12095401000000 2,039.68 REASSESSMENT/BOARD OF ASSESSORS12105401000000 962.55 TREASURER12135401000000 4,023.47 FINANCE DEPARTMENT12145401000000 10,052.79 INFORMATION TECHNOLOGY12205401000000 2,517.68 COMMONWEALTH ATTORNEY22015401000000 4,442.78 SHERIFF31025401000000 13,664.27 FIRE AND RESCUE35055401000000 3,946.98 PUBLIC SAFETY COMMUNICATIONS 35065401000000 3,060.92 ANIMAL SHELTER43055401000000 962.55 PARKS AND RECREATION ADMINISTRATION71015401000000 3,776.52 PLANNING 81015401000000 4,812.75 INFORMATION TECHNOLOGY 12205401000000 (59,891.82) 1/11/2019CLEARBROOK PARKTRAILER FOR CLEARBROOK PARK71095403000000 (6,065.70) CLEARBROOK PARK 71098001000000 6,065.70 1/14/2019PUBLIC SAFETY COMMUNICATIONSDRUG AND HEARING TESTS-PRICE INCREASED35065506000000 (300.00) PUBLIC SAFETY COMMUNICATIONS35063002000000 300.00 1/14/2019PUBLIC COMMUNICATIONSSHIPPING AND HANDLING35065204000000 (200.00) PUBLIC COMMUNICATIONS 35065407000000 200.00 1/14/2019PUBLIC SAFETY COMMUNICATIONSWATER PRICE INCREASE35065204000000 (400.00) PUBLIC SAFETY COMMUNICATIONS 35063010000000 400.00 1/15/2019ELECTORAL BOARD AND OFFICIALSTO PAY MONTHLY COPIER LEASE13019001000000 (270.00) REGISTRAR 13029001000000 270.00 1/17/2019CLEARBROOK PARKPURCHASE TRAILER AT CLEARBROOK PARK71095403000000 (180.30) CLEARBROOK PARK71098001000000 180.30 1/17/2019CLEARBROOK PARKRENTAL FOR WINTER WONDERLAND71095413000000 (190.00) CLEARBROOK PARK71099001000000 190.00 1/24/2019PARKS AND RECREATION ADMINISTRATIONFREDERICK HEIGHTS PARK71013002000000 (1,292.00) CLEARBROOK PARK71098900000000 1,292.00 1/24/2019SHERANDO PARKWATER SERVICES AT SHERANDO PARK71105101000000 (1,755.00) SHERANDO PARK71105103000000 1,755.00 1/24/2019COMMONWEALTH'S ATTORNEYBOOKS AND SUBSCRIPTIONS22013006000000 (300.00) COMMONWEALTH'S ATTORNEY22015411000000 300.00 1/29/2019SHERIFFSHERIFF VEHICLES(24)31028005000000 741,237.00 TRANSFERS/CONTINGENCY93015890000000 (741,237.00) 1/30/2019MAINTENANCE ADMINISTRATIONMAINTENANCE VEHICLE43018005000000 29,799.00 TRANSFERS/CONTINGENCY93015890000000 (29,799.00) 1/30/2019REASSESSMENT/BOARD OF ASSESSORSPROMOTIONS 1/1912101001000043 (2,000.00) COMMISSIONER OF THE REVENUE12091001000031 2,000.00 FIRE AND RESCUE35051007000001 (2,220.60) FIRE AND RESCUE35051001000054 2,220.60 PUBLIC SAFETY COMMUNICATION35061001000004 (2,706.15) PUBLIC SAFETY COMMUNICATION35061001000006 2,706.15 1/31/2019FIRE AND RESCUE(2) FIRE AND RESCUE VEHICLES35058005000000 61,901.00 TRANSFERS/CONTINGENCY 93015890000000 (61,901.00) 1/31/2019REASSESSMENT/BOARD OF ASSESSORSCOR VEHICLE12108005000000 28,493.00 TRANSFERS/CONTINGENCY93015890000000 (28,493.00) 1/31/2019COUNTY OFFICE BUILDINGS/COURTHOUSEINSTALL RED LIGHTS ON FLAGPOLE AT ROUND HILL FIRE DEPARTMENT43045101000007 (1,100.00) COUNTY OFFICE BUILDINGS/COURTHOUSE43043004000008 1,100.00 1/31/2019MAINTENANCE ADMINISTRATIONOVERTIME PAY FOR SNOW REMOVAL PSB,CAB,CH43011003000005 (1,500.00) MAINTENANCE ADMINISTRATION 43011005000000 1,500.00 1/31/2019OTHERTO COVER DEFICIT12245415000001 (800.00) OTHER12245415000000 800.00 59 60 61 62 63 64 65 66 67 68 69 70 71 Mr. Dunn made a motion to send this report, as presented, to the Board of Supervisors. Mr. Cunningham seconded the motion. The motion was unanimously approved. Blaine Dunn made a motion to approve the policy request and forward it on to the Finance Committee. Ms. Lake seconded the motion. The Committee unanimously approved the motion. Mr. Dunn made a motion to approve both requested Code revisions and forward them to the Code & Ordinance Committee. Mrs. Slaughter seconded the motion. The Committee unanimously approved the motion. Judy McCann-Slaughter made a motion for the Sheriff to amend his request to include 2 SRO positions and move the request onto the Finance Committee for consideration. Mr. Cunningham seconded the motion. The motion was unanimously approved by the Committee. Helen Lake moved to forward the proposal to the Public Works Committee. The motion died due to the lack of a second. Chairman Wells recommended that Committee members give suggestions and input to Deputy Chief Bauserman on a possible resolution for the fee structure. This item will be further discussed at the nextPublic Safety Committeemeeting. M E M O R A N D U M TO: Chairman Robert Wells, Public Safety Committee FROM: John J. Bauserman, Deputy Chief/Fire Marshal, Life Safety Division SUBJECT: Proposed Expansion to the Frederick County Fire Prevention Code Fee Schedule DATE: February 14, 2019 The Fire Marshal’s Office is seeking approval to expand the current fee schedule to offset the cost of conducting inspections and permitting. In accordance with Section 27- 97 of the Code of Virginia, the Frederick County Board of Supervisors adopted the Statewide Fire Prevention Code as the Frederick County Fire Prevention Code (FCFPC) in June of 2012. This code allows the Frederick County Fire Marshal’s Office to establish a life safety/fire prevention fee schedule. Section 107.10 Local fees Per the Frederick County Fire Prevention Code …fees may be levied by the local governing body in order to defray the cost of enforcement and appeals under the FCFPC. The primary focus of inspections that the Fire Marshal’s Office currently conducts are concentrated towards businesses that are required to have an annual fire inspection to maintain compliance with state or federal agencies. Examples would be nursing homes, daycares, and public/private schools.We also doinspections on large life hazard occupancies, to include hotels, motels, and restaurants. While all these inspections are important, there is a need to expand our inspection servicesto include all commercial businesses in Frederick Countypromoting the overallsafety to our residents, visitorsand firefighters. Please reference the attached documentfor a detailed informational breakdown of the proposed process and associated fees. NOTICE OF PROPOSED REAL PROPERTY TAX INCREASE The County of Frederick proposes to increase property tax levies. 1.Assessment Increase: Total assessed value of real property, excluding additional assessments due to new construction or improvements to property, exceeds last years total assessed value of real property by 5.78 percent. 2.Lowered Rate Necessary to Offset Increased Assessment: The tax rate which would levy the same amount of real estate tax as last year, when multiplied by the new total assessed value of real estate with the exclusions mentioned above, would be $0.577 per $100 of assessed value. This rate will be known as the lowered tax rate. 3.Effective Rate Increase: The County of Frederick proposes to adopt a tax rate of $ 0.61 per $100 of assessed value. This difference between the lowered tax rate and the proposed rate would be $0.033 per $100, or 5.78 percent. This difference will be known as the effective tax rate increase. Individual property taxes may, however, increase at a percentage greater than or less than the above percentage. 4.Proposed Total Budget Increase: Based on the proposed real property tax rate and changes in other revenues, the total budget of the County of Frederickwill exceed last years by 5.8 percent. A public hearing on the increase will be held on March 13, 2019 at 7:00 p.m. at County Administration Office Building, 107 North Kent Street, Winchester, Virginia. TO: Board of Supervisors FROM: Jay E. Tibbs, Deputy County Administrator Authorization for Short Term Extension of Cable Franchise Agreement with SUBJECT: Comcast DATE: March 8, 2019 Comcast has an existing non- exclusive cable franchise within the County, which was granted b-year period in 2009. This franchise and its governing agreement expire on April 1, 2019. Staff and Comcast have been negotiating the renewal terms of the cable franchise, which would renew the agreement for an additional ten-year period. However, Comcast has recently approached Staff to request an extension of the existing agreement until June 30, 2019, in ordenecessary for the renewal. This extension would further allow Staff adequa documents, and for the parties to continue their negotiation. Accordingly, Staff requests that the Board approve the attached ch includes a specific authorization for the County Administrator to sign the attached amendment to extend term in order to effectuate the requested short-term extension of the existing cable franchise agreement. Attachments BOARD OF SUPERVISORS RESOLUTION March 13, 2019 WHEREAS, Comcast of California/Maryland/Pennsylvania/Virginia/West Virginia, LLC (“Comcast”)has an existing non-exclusive cable franchise within the County; and WHEREAS, Said franchise is governed by a franchise agreement between Comcast and the County, and said franchise agreement is set to expire on April 1, 2019; and WHEREAS, Comcast and the County are in the process of negotiating a long- term renewal of the existing franchise agreement, but Comcast has requested that the existing agreement be extended to June 30, 2019 to give it sufficient time to draft necessary documents, and for the County to review the same; and WHEREAS, the Board of Supervisors has, on thisdate, held a public hearing on the proposed extension of the existing cable franchise agreement; NOW, THEREFORE, BE IT RESOLVED THAT the Board of Supervisors authorizes and ratifies an extension of the existing cable franchise agreementbetween the County of Frederick and Comcast until June 30, 2019.The Board further authorizes the County Administrator to sign any documents deemed necessary for to effectuate such an extension. th Adopted this 13day of March, 2019 Charles S. DeHaven, Jr., Chairman Gary A. Lofton J. Douglas McCarthyRobert W. Wells Blaine P. Dunn Shannon G. Trout Judith McCann-Slaughter Kris C. Tierney Clerk, Board of Supervisors County of Frederick, Virginia MEMORANDUM Please see summary of VDOT review comments dated July 5, 2018. Please see Mr. Roderick B. Williams County Attorney, comment letter datedOctober 30, 2018. Please see Mr. Eric Lawrence, Executive Director, letter dated August 27, 2018. Please seeMr.Nick Sabo, A.A.E., Executive Director, letter dated September 7, 2018. . Land Use The requested M1 (Light Industrial) District is inconsistent with the Comprehensive Plan. Transportation and Site Access 119132151139243DOOLIN 231 FAIRFIELD DR 1690 PEMBRIDGE DR PURDUE DR AVE 124 KINROSS DR REZ # 03 - 18: Carpers Valley Industrial Park 105 105DARBY DR 105 SUMMERFIELD DR 1017SENSENY RD CAHILLE DR CAHILLE DR YALE DR ETNAM ST 217 MILLWOOD 112 102 108 102 FLANAGAN DR PIKE PRINCETON DR PINs: 64 - A - 86, 64 - A - 87 218 YALE DR130 DONEGAL CT ETNAM ST 113 112 STANLEY DR 1085 243 KINROSS DR 122 ETNAM ST CAHILLE DR Rezoning from R4 to M1 216 MILLWOOD SUMMERFIELD DR 1026 PRINCETON DR 119 STANLEY DR PIKE 111 MILLWOOD 136 106 1135 ETNAM ST 106 Zoning Map 1080 KILLANEY CT PIKE DARBY DR STANLEY MILLWOOD 203 124 PURDUE DR MILLWOOD CIR PIKE FLANAGAN DR ETNAM ST PIKE 116 130 1191 1090 1170 KILLANEY CT 201 DARBY DR 206 MILLWOOD MILLWOOD GREENWOOD RD CUSTER 1237 120 STANLEY DR PIKE PIKE 126 156AVE MILLWOOD KILLANEY CT 125 205 DARBY DR DELCO PLAZA PIKE KILLANEY CT STANLEY DR 202 1160 GARBER STANLEY DR 107104 202 MILLWOOD 147 BUSINESS CENTER KINROSS DRDUNER CT 198 CUSTER AVE PIKE RYCO LN STANLEY DR 1230 206 Subdivision MILLWOOD CUSTER AVE 104 177 PIKE WINSLOW CT 1288 RYCO LN 1393 100 MILLWOOD PIKE 179 MILLWOOD DARBY DR 1302 RYCO LN PIKE 1441 MILLWOOD PIKE 1515 250 MILLWOOD MILLWOOD 1519 COSTELLO DR PIKE PIKE MILLWOOD 231 252 PIKE SULPHUR COSTELLO DR SPRING RD 1525 MILLWOOD PIKE 1484 MILLWOOD 201 PIKE PRINCE REZ #03-18 64 A 87 FREDERICK 1514 185 PRINCE FREDERICK MILLWOOD SULPHUR OFFICE PART PIKE 1488 SPRING RD REZ #03-18 143 MILLWOOD Subdivision SULPHUR PIKE SPRING RD 1600 64 A 87 £ ¤ 64 A 86 MILLWOOD 50 1080 112 PIKE COVERSTONE DR SULPHUR SPRING RD 1761 MILLWOOD PIKE 1813 MILLWOOD PIKE 277 1815 BUFFLICK RD MILLWOOD GOVERNORS HILL PIKE 301 Subdivision 1652 BUFFLICK RD 1828 1835 MILLWOOD MILLWOOD MILLWOOD 317 PIKE PIKE PIKE BUFFLICK RD 1830 MILLWOOD 367 324 PIKE BUFFLICK RD BUFFLICK RD 330 417 BUFFLICK RD BUFFLICK RD 140 ARBOR CT 295 AIRPORT RD WINCHESTER 182 ARBOR CT REGIONAL AIRPORT 311 181 266 AIRPORT RD Subdivision 220 PENDLETON DR ARBOR CT 600 119 ARBOR CT 290 PEGASUS CT ARBOR CT 441 220 AIRPORT RD VICTORY RD ARBOR CT 511 141 411 AIRPORT RD MUSKOKA CT296 491 390 VICTORY RD 351 ARBOR CT AIRPORT RD AIRPORT RD 140 VICTORY RD J I INDEPENDENCE DR 321 C LTD. ARBOR CT Subdivision §331 ¨¦ 368 81 VICTORY RD VICTORY RD 220 287 ADMIRAL 338 Application£ ¤344 VICTORY RD 50 BYRD DR ARBOR CT VICTORY RD Parcels 287 320 VICTORY RD Sewer and Water Service Area 380 VICTORY RD 212 ARBOR CT 296 B2 (General Business District) INDEPENDENCE DR VICTORY RD 580382 B3 (Industrial Transition District) 300 AIRPORT RDARBOR CT 211 ADMIRAL M1 (Light Industrial District) 300 300 600 VICTORY RD 220 640 BYRD DR ADMIRAL ADMIRAL M2 (Industrial General District)AIRPORT RD VICTORY RD µ MH1 (Mobile Home Community District) R4 (Residential Planned Community District) RP (Residential Performance District) Frederick County Planning & Development 107 N Kent St Winchester, VA 22601 540 - 665 - 5651 05501,1002,200Feet Map Created: October 18, 2018 119132151139243DOOLIN 231 FAIRFIELD DR 1690 PEMBRIDGE DR PURDUE DR AVE 124 KINROSS DR REZ # 03 - 18: Carpers Valley Industrial Park 105 105DARBY DR 105 SUMMERFIELD DR 1017SENSENY RD CAHILLE DR CAHILLE DR YALE DR ETNAM ST 217 MILLWOOD 112 102 108 102 FLANAGAN DR PIKE PRINCETON DR PINs: 64 - A - 86, 64 - A - 87 218 YALE DR130 DONEGAL CT ETNAM ST 113 112 STANLEY DR 1085 243 KINROSS DR 122 ETNAM ST CAHILLE DR Rezoning from R4 to M1 216 MILLWOOD SUMMERFIELD DR 1026 PRINCETON DR 119 STANLEY DR PIKE 111 MILLWOOD 136 106 1135 ETNAM ST 106 Location Map 1080 KILLANEY CT PIKE DARBY DR STANLEY MILLWOOD 203 124 PURDUE DR MILLWOOD CIR PIKE FLANAGAN DR ETNAM ST PIKE 116 130 1191 1090 1170 KILLANEY CT 201 DARBY DR 206 MILLWOOD MILLWOOD GREENWOOD RD CUSTER 1237 120 STANLEY DR PIKE PIKE 126 156AVE MILLWOOD KILLANEY CT 125 205 DARBY DR DELCO PLAZA PIKE KILLANEY CT STANLEY DR 202 1160 GARBER STANLEY DR 107104 202 MILLWOOD 147 BUSINESS CENTER KINROSS DRDUNER CT 198 CUSTER AVE PIKE RYCO LN STANLEY DR 1230 206 Subdivision MILLWOOD CUSTER AVE 104 177 PIKE WINSLOW CT 1288 RYCO LN 1393 100 MILLWOOD PIKE 179 MILLWOOD DARBY DR 1302 RYCO LN PIKE 1441 MILLWOOD PIKE 1515 250 MILLWOOD MILLWOOD 1519 COSTELLO DR PIKE PIKE MILLWOOD 231 252 PIKE SULPHUR COSTELLO DR SPRING RD 1525 MILLWOOD PIKE 1484 MILLWOOD 201 PIKE PRINCE REZ #03-18 64 A 87 FREDERICK 1514 185 PRINCE FREDERICK MILLWOOD SULPHUR OFFICE PART PIKE 1488 SPRING RD 143 MILLWOOD Subdivision REZ #03-18 SULPHUR PIKE SPRING RD 1600 64 A 87 £ ¤ 64 A 86 MILLWOOD 50 1080 112 PIKE COVERSTONE DR SULPHUR SPRING RD 1761 MILLWOOD PIKE 1813 MILLWOOD PIKE 277 1815 BUFFLICK RD MILLWOOD GOVERNORS HILL PIKE 301 Subdivision 1652 BUFFLICK RD 1828 1835 MILLWOOD MILLWOOD MILLWOOD 317 PIKE PIKE PIKE BUFFLICK RD 1830 MILLWOOD 367 324 PIKE BUFFLICK RD BUFFLICK RD 330 417 BUFFLICK RD BUFFLICK RD 140 ARBOR CT 295 AIRPORT RD WINCHESTER 182 ARBOR CT REGIONAL AIRPORT 311 181 266 AIRPORT RD Subdivision 220 PENDLETON DR ARBOR CT 600 119 ARBOR CT 290 PEGASUS CT ARBOR CT 441 220 AIRPORT RD VICTORY RD ARBOR CT 511 141 411 AIRPORT RD MUSKOKA CT296 491 390 VICTORY RD 351 ARBOR CT AIRPORT RD AIRPORT RD 140 VICTORY RD J I INDEPENDENCE DR 321 C LTD. ARBOR CT Subdivision §331 ¨¦ 368 81 VICTORY RD VICTORY RD 220 287 ADMIRAL 338 £ ¤344 VICTORY RD 50 BYRD DR ARBOR CT VICTORY RD 287 320 VICTORY RD 380 VICTORY RD 212 ARBOR CT 296 INDEPENDENCE DR VICTORY RD 580382 300 AIRPORT RDARBOR CT 211 ADMIRAL 300 300 600 VICTORY RD 220 640 BYRD DR ADMIRAL ADMIRAL AIRPORT RD VICTORY RD µ Application Parcels Sewer and Water Service Area Frederick County Planning & Development 107 N Kent St Winchester, VA 22601 540 - 665 - 5651 05501,1002,200Feet Map Created: October 18, 2018 108113126108 DARBY DR PEMBRIDGE DR 110 DONEGAL CT PRINCETON DRPURDUE DR REZ # 03 - 18: Carpers Valley Industrial Park 131 211112 ETNAM ST 1085 KINROSS DR FLANAGAN DRCAHILLE DR MILLWOOD 1026 PIKE PINs: 64 - A - 86, 64 - A - 87 106 106136 MILLWOOD1135 111 STANLEY 1080 PIKEPURDUE DRDARBY DR MILLWOOD KILLANEY CT Rezoning from R4 to M1 210 CIR MILLWOOD PIKE 1170 1191 116 STANLEY DR PIKE 1090 GREENWOOD RD MILLWOOD KILLANEY CT Long Range Land Use Map 123 201 156 MILLWOOD PIKE 206 KILLANEY CT 1237 CUSTER DELCO PLAZA120 PIKE STANLEY DR MILLWOODAVE KILLANEY CT 1160125 124 PIKE MILLWOODKILLANEY CT DARBY DR 251 PIKE 107 198 104 FRONT 147KINROSS DR STANLEY DR DUNER CT ROYAL PIKE 206 1230 RYCO LN 150 CUSTER MILLWOOD 1288 AVESTANLEY DR 177 PIKE 100 190 MILLWOOD PIKE 1393 RYCO LN DARBY DR COSTELLO DR 230 MILLWOOD 179 1302 COSTELLO DR PIKE 1441 RYCO LN MILLWOOD PIKE 210 1515 MILLWOOD 250 COSTELLO DR MILLWOOD PIKE COSTELLO DR PIKE 1519 PRINCE FREDERICK 231 252 MILLWOOD PIKE SULPHUR OFFICE PART COSTELLO DR SPRING RD 1525 Subdivision MILLWOOD PIKE 1484 MILLWOOD 186PIKE 201 WINCREST DR PRINCE 64 A 87 FREDERICK 1514 MILLWOOD REZ #03-18 PIKE REZ #03-18 1488 143 MILLWOOD SULPHUR PIKE 1600 64 A 87 SPRING RD 64 A 86 MILLWOOD £ ¤ 1080 PIKE 50 COVERSTONE DR 1753 Application MILLWOOD Parcels PIKE 223 BUFFLICK RD 1773 Sewer and Water Service Area 262 MILLWOOD PIKE BUFFLICK RD Long Range Land Use 233 Residential BUFFLICK RD 301 1652 1828 Neighborhood Village 277BUFFLICK RD MILLWOOD MILLWOOD BUFFLICK RD PIKE PIKE 317 Urban Center 287 BUFFLICK RD GOVERNORS HILL 244 Mobile Home Community BUFFLICK RD339 1830 BUFFLICK RD Subdivision BUFFLICK RD Business 298 367 MILLWOOD BUFFLICK RD BUFFLICK RD PIKE 201 Highway Commercial 330 BRIGSTOCK DR Mixed-Use 417 BUFFLICK RD 140 BUFFLICK RD ARBOR CT Mixed Use Commercial/Office 271 WINCHESTER 431 AIRPORT RD Mixed Use Industrial/Office 182 BUFFLICK RD 402 REGIONAL AIRPORT 295 ARBOR CT Industrial BUFFLICK RD AIRPORT RD Subdivision 401 311 220 181 PEGASUS CT 230 Warehouse AIRPORT RD 290 ARBOR CT PENDLETON DR AIRPORT RD AIRPORT RD Heavy Industrial 119 220 238 ARBOR CT Extractive Mining ARBOR CT 141 AIRPORT RD 411 Commercial Rec MUSKOKA CT 296 390 VICTORY RD 491 266 351 ARBOR CT Rural Community Center AIRPORT RD 161 AIRPORT RD ARBOR CT VICTORY RD MUSKOKA CT Fire & Rescue 170 321 MUSKOKA CT Sensitive Natural Areas ARBOR CT PRESTON BUSINESS PARK Institutional J I C LTD. 331 Subdivision 511 Subdivision 368 Planned Unit Development VICTORY RD 220 AIRPORT RD VICTORY RD 338 ADMIRAL Park BYRD DRARBOR CT AIRPORT Recreation 320 VICTORY RD BUSINESS CENTER 380 School § ¨¦ 280 310 ARBOR CT 81 Subdivision 222 VICTORY RD Employment VICTORY RD 382 ADMIRAL ARBOR CT 580 Airport Support Area£ ¤ 127 BYRD DR 50 320 AIRPORT RD ELMWOOD RD B2 / B3 211 INDEPENDENCE DR 200 129 VICTORY RD Residential, 4 u/a AVIATION DR 300 ELMWOOD RD 220 High-Density Residential, 6 u/a ADMIRAL 128 VICTORY RD BYRD DR ELMWOOD RD 291 High-Density Residential, 12-16 u/a 251 INDEPENDENCE DR CUMORAH 730 Rural Area 138 285 730 CREST LN AIRPORT RD Interstate Buffer TAILSPIN CIR INDEPENDENCE DR µ Landfill Support Area Natural Resources & Recreation Environmental & Recreational Resources Frederick County Planning & Development 107 N Kent St Winchester, VA 22601 540 - 665 - 5651 06001,2002,400Feet Map Created: October 18, 2018 JGR THREE, LLC By: By: __________________________ COMMONWEALTH OF VIRGINIA, AT LARGE County/City of , To-wit: The foregoing instrument was acknowledged before me this day of , 2018, by of JGR THREE, LLC. 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My commission expires Notary Public DRAFT Endorsed by the CPPC 01/11/2019 NFLUP ORTHEAST REDERICK AND SE LAN NELUP Brucetown Road Area A MENDMENT Proposed language: The Comprehensive Plans and Programs Committee (CPPC), at their October and November 2018 meetingsand their February 2019 meetingdiscussed the requested Carter Tract Amendment(CPPA #02-18). This CPPA request removes comparableacres of land from the SWSA from the existing zoned extractive manufacturing area to allow for the inclusion of 109 acres of land. In determining the scope of the request, the CPPC looked at the broader area in determining if an area could best support a sewer and water service area expansion and an industrial land use designation.The SWSA boundary adjustment enables industrial land uses which could utilize public water and sewer, improve the transportation infrastructure in support of increased vehicular traffic and provide economic opportunities. The scope of the review considered the following: Review of the broader area to identify areas most appropriate for a SWSA expansion and industrial land use designation. Distance to the existing SWSA boundary. Proximity to the existing extractive manufacturing operation. Access to and from the Brucetown Road area including the overall transportation network including key intersections on Martinsburg Pike. Revisions to the SWSA, including the removal of land from the existing SWSA to allow for the addition of comparable acreage into the SWSA. Avoidingconflict with the residential uses of the Brucetown Rural Community Center. The SWSA should remain south of Slate Runwith a buffer along the Rural Community Center. This enables the land use north of Slate Run to remain agricultural and buffer future industrial uses from the residential uses in the Brucetown Rural Community Center. The study which resulted from the discussion of CPPA#02-18 ultimately recommended that the following amendment be incorporated into the Northeast Land Use Plan: The area southeastof Exit 321, Interstate 81, Hopewell Road, and south of Brucetown Road is comprised mainly of extractive manufacturing, ruralresidential and agricultural land uses. The area is also located adjacent to the identified Brucetown Rural Community Center. The followingitems resulted from this study and should be addressed with any future development proposals inthis area: An industrial land use designation was identified as most appropriate for aSWSA boundary adjustment. A detailed traffic study will be necessary for any future industrialdevelopment all identified transportation needs [shall / should]be provided by the proposed development. Traffic improvements [shall / should] include butmay not be limited to: Improvements to Brucetown Roadto current VDOT standards including sufficient pavement structure and right-of-way width to support the industrial traffic; improvements to Hopewell Road and Martinsburg Pike and the relocation of Brucetown Road north of its current intersection with Hopewell Road. Access to the acreage which is nowincluded in the SWSA[shall / should] be via the existing quarry entrance onto Brucetown Road; no direct access to Brucetown Road [shall / should] be considered. Recognize that water and sewer capacity is limited in this area and therefore any future industrial uses should recognize the capacity constraints and construct the infrastructure necessary to serve the industrial uses water and sewer needs. Encourage the use of rail to minimize the increase in truck traffic on the Martinsburg Pike (Route 11 North) corridor and along and Hopewelland BrucetownRoads. Protect the overall environmental quality of the community. Avoid industrial land uses which would require major emitter air quality permit from the Virginia Department of Environmental Quality. Minimize disturbance and crossing of drainage swales. An enhanced riparian buffer should be provided adjacent to Slate Run to improve the buffer and promote best environmental practices. Provide buffering between industrial uses and the Rural Community Center which shall meet or exceed existing zoning ordinance buffer and screening requirements to adequately protect the residential uses in the Brucetown Rural Community Center. Maximize distance buffers in combination with landscape buffers to provide adequate screening. Building height limitations shall also be implemented to protect the viewshed of the residential uses in the Brucetown Rural Community Center. To avoid conflict with the residential uses in the Brucetown Rural Community Center, the SWSAexpansion should remain south of Slate Run andprovide for a buffer along the Rural Community Center. This enables the land north of Slate Run to remain agricultural and buffer future industrial uses from the residential uses in the Rural Community Center. Proposed Draft SWSA Adjustment White Property § ¨¦ 81 § ¨¦ Clear Brook & Brucetown 81 Rural Community Center § ¨¦ 81 ADD ~ 109 acres REMOVE ~ 109 acres Current SWSA Parcels Clear Brook/Brucetown Rural Community Center White Property Draft SWSA Draft SWSA Add Remove Long Range Land Use I Environmental Resources & Buffers Map Produced by Frederick County Planning and Development Dept. 00.1750.350.7Miles February 19, 2019