February 27 2019 Regular Meeting MinutesMINUTES
REGULAR MEETING
FKEDER|CKCOUNTY BOARD OFSUPERVISORS
WEBNE8DAY,FE@RUARY27.2O19
T:U0P.M.
BOARD ROOM, COUNTY ADMINISTRATION BUILDING
107NORTH KENTSTREET, VV|NCHESTER.V|RC{NIA
ATTENDEES
Board «[ Supervisors: Charles 8.DeHevem.Jr, Chairman; Gary A.Lofton, Vice Chairman;
Blaine P.Dunn; J.Douglas McCarthy; Judith MoCann-S|mughtecShannon 8Trout and Robert VY,
Wells were present.
0mff present: Kris C. Tiomey, County Administrator; Jay E. Tibbs, Deputy County
Administrator; Roderick B,Williams, County Attorney; Karen Vecchio, Public Information Officer;
Mark Mmrcionn^ Human Resources Director; Larry Oliver, Fire and Rescue Department Deputy
Chief, and Ann VV. Phillips, Deputy Clerk to the Board of Supervisors.
CALL TO ORDER
Chairman DoHuvoncalled the meeting toorder at7:00p.m.
Supervisor Wells delivered the invocation,
PLEDGE OF ALLEGIANCE
Vice Chairman Lofton led the Pledge of Allegiance.
ADOPTION OF AGENDA - APPROVED
Upon motion of Supervisor Slaughter, seconded bySupervisor McCarthy, the agenda
was adopted on a voice vote,
CITIZENS COMMENTS
There were no citizens wishing to speak.
ADOPTION OF CONSENT AGENDA — APPROVED
Upon motion of Supervisor Slaughter Lofton, seconded bySupervisor Dunn, the consent
agenda was adopted nnaroll call vote aafollows:
Blaine P. Dunn Aye Shannon G.Tmut Aye
Gary A.Lofton Aye Robert VV.Wells Aye
J.Dmug|ow McCarthy Aye Charles S.DoHavon,Jr. Aye
JudithMoCunn-Slamghtor Aye
- Minutes: Closed Session of February 13, 2019 - CONSENT AGENDA APPROVAL
. ular Meeting of Februa!y 13, 2019 - CONSENT AGENDA APPROVAL
- Minutes: Budget Work Session of FebruarV 13, 2019 - CONSENT AGENDA APPROVAL
Minute Bookw
- Code and Ordinance Committee Report of 2111/19 - CONSENT AGENDA APPROVAL, Appendix 1
- Human Resources Committee Report of 2/8119 - CONSENT AGENDA APPROVAL, Appendix 2
- Request from the Commissioner of the Revenue for Refunds and Corresponding
Supplemental Appropriations for Handy Mart LLC - $12,320,79; James Plummer-
2 876.44 and 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, and Mr. Smith's term
will end February 27, 2021,
GARY OATES RE -APPOINTED TO THE FREDERICK WATER BOARD OF DIRECTORS -
APPRnVPn
Upon motion of Supervisor Slaughter, seconded by Supervisor McCarthy, Gary Cates was
re -appointed to the Frederick Water Board of Directors for a four-year term ending April 15, 2023.
The motion carried on a voice vote.
COMMITTEE BUSINESS:
HUMAN RESOURCES COMMITTEE
PURCHASING MANAGER POSITION - 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.
Minute Book 44
Board of Supervisors Meeting of 2/27119
County of Frederick, Virginia
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
Battalion Chief (from Range &toRange 10)and aDeputy Chief (from Range 1Oto11). Supervisor
McCarthy seconded the motion. Vice Chairman Lofton asked for clarification on the justification
for the changes. Mr. Mardanuand Deputy Chief Oliver provided background and explanation for
the changes related toupdating the Career Development Program. The motion carried nnovoice
FIRE AND RESCUE DEPARTMENT ASSISTANT CHIEF POSITION — APPROVED
Supervisor Dunn moved that anew Fire and Rescue Department Assistant Chief position
at grade 12be created. Supervisor Slaughter seconded the motion.
Won 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 ofthe 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 Chiefs 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 toallow the Sheriff tocomplete agrant application
for anSRO inFY202O, She said if the grant isawarded, unew FY20appropriation would b*required
inthe amount nf$132.03O.ofwhich $80.21Swould bolocal funds. Supervisor McCarthy seconded the
motion. Vice Chairman Lofton said this isanexample ofagrant that will not becontinued, and hoix
working onabetter way toprovide this service. Supervisor McCarthy said it was worth the extra cost
N have trained Sheriff's deputies serving as School Resource Offioom The motion for approval to
apply for the grant carried mnaroll call vote avfollows:
Blia|naP,Dunn Aye Shannon 8.Trout Aye
GoryA-Loftun No RohedW. Wells Aye
J.Douglas McCarthy Aye Charles S.DwHmvon'Jr. Aye
JudithMcCunn'G|ougNar Aye
Minute Book 44
Board of Supervisors Meeting ofx/2no
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 and Disabled Persons
Exemption and Deferral), to adjust amounts to account for inflation since the amounts were last
established, She said the request had been approved and forwarded from the Code & Ordinance
Committee, and the Finance Committee has recommended approval. Supervisor Dunn 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
Gary A. Lofton Aye
J. Douglas McCarthy No
Judith McCann -Slaughter No
BOARD LIAISON REPORTS
Shannon G. Trout Aye
Robert W. Wells No
Charles S. DeHaven, Jr. No
. . . . . . . . . . . . . .
Supervisor Trout provided a brief report on Frederick Water matters.
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.
F-1111111KIly
On motion of Vice Chairman Lofton, seconded by Supervisor Trout, the meeting was
adjourned at 7:50 p.m.
Charles S. DeHaven
Chairman, Board of Supervisors
Kris d. Tiklftey�
Z \
Clerk, Boar&-of-Slu—pervisors
Minutes Prepared By:
Ann W, Phillips
Deputy Clerk, Board of Supervisors
Minute Book 44
Board of Supervisors Meeting of 2127119
County of Frederick, Virginia
Board of Supervisors Minutes of February 27, 2019 - Appendix 1
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 Meeting 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:
(3E) Items 1-4 and 6 were approved under consent agenda.
1. IThe 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. See attached memo,
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 sand
volleyball courts at Clearbrook Park. No local funds required. See attached memo, p. 5.
3. 0,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 waste
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 deputy go bags, a throw
phone, a camera, and items for Project Lifesaver. No local funds required. See attached
memos, p.6-10.
5. The Sheriff requests a General Fund supplemental appropriation in the amount of 5_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. 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 the funds will be used for vehicle
maintenance. No local funds required. See attached memo, p. 13 — 14,
Minute Book 44
Board of Supervisors Meeting of 2/27/19
County of Frederick, Virginia
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 March 8, 2019. 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. See the attached information, p. 15 — 18. The committee
recommended amending the February 27, 2019 Board of Supervisors agenda to add this item.
2. 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. This item has been approved and forwarded from the Code &
Ordinance Committee. A public hearing would be required. See attached, p, 19 —41, The
committee recommends forwarding item to the Hoard of Supervisors at the February 27, 2019
to schedule a public hearing.
3. Amendment to Frederick County Code, Chapter 155 (Taxation), to add an Article III -A
(Exemption for Surviving Spouses of Certain Persons Killed in the Line of Duty), This item has
been approved and forwarded from the Code & Ordinance Committee. A public hearing would
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 2019. See attached, p. 59.
2. The Finance Director provides financial statements ending January 31, 2019. See attached,
p. 60 — 70.
3. The Finance Director provides an FY 2019 Fund Balance Report ending February 15, 2019, See
attached, p. 71,
4. The Finance Director provides summary information on the 2017 Fire & Rescue Companies
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
Minute Book 44
Board of Supervisors Meeting of 2/27/19
County of Frederick, Virginia
Board of Supervisors Minutes of February 27, 2019 - Appendix 2
PUBLIC SAFETY COMMITTEE REPORT to the BOARD OF SUPERVISORS
Thursday February 21, 2019
8:30 a.m.
1080 COVERSTONE DRIVE, WINCHESTER, VIRGINIA
ATTENDEES:
Committee Members Present: Chairman Bob Wells, Walt Cunningham, Judy McCann -
Slaughter, Helen Lake and Blain Dunn. Citizen member Chuck Torpy was not present.
Staff present: Director of Communications LeeAnna Pyles, Volunteer Fire & Rescue
President Dan Cunningham, Deputy Chief Larry Oliver, Deputy County Administrator Jay
Tibbs, Sheriff Lenny Millholland, Deputy Chief/Fire Marshal Jay Bauserman, Major Steve
Hawkins, Lieutenant Warren Gosnell, County Attorney Rod Williams and Fire Marshal Kenny
Scott.
ITEMS REQUIRING ACTION BY BOARD OF SUPERVISORS-
I- Proposed ErnerlZency Response Performance Guide (see attached):
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 such policy in place. This prospective guide will be discussed at the Chiefs workgroup.
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.
ITEMS FOR INFORMATION ONLY:
1. 'Traffic Control reimburserent policy updated discussion (see attached):
Sheriff Millholland updated the Public Safety Committee on the traffic control
reimbursement policy that was discussed at the August 16, 2018 PSC meeting. He
mentioned that from July 2018- present, the Sheriff's Office has invoiced over $47,000 for
traffic control reimbursements for services rendered for VDOT needs, events and crowd
control to name a few, Jay Tibbs stated that an outline showing the criteria and to whom
the Sheriff's Office provides these services for would be beneficial. Sheriff Millholland
stated he would produce a more in-depth explanation of services provided.
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.
2. Chapter 90 and Chapter 158 Ordinance revisions (see attached):
County Attorney Rod Williams reviewed proposed revisions to Chapter 90- Fire Prevention
and Protection, General Standards. This new draft updates definitions where appropriate
and makes the necessary changes to the Code as reflected in the VSFPC (Virginia Statewide
Fire Prevention Code). The definitions herein pertain to fire hydrants, key boxes, fire lanes,
etc.
Mr. Williams also discussed proposed revisions to Chapter 158 — parking on County
property. Section " O" of the Code pertains to parking on County property for extended
periods of time and any fine associated with said action.
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.
Minute Book 44
Board of Supervisors Meeting of 2127/19
County of Frederick, Virginia
3. Discussion of grant monies for 2 additional School Resource Officers:
Sheriff Millholland discussed DC.1S grant funding availability for 2 additional School
Resource Officers (SRO). This is a $70,000 grant, in which the County would cover
approximately $27,286 for the cruisers, uniforms, etc. with the grant covering
approximately $42,417. The Sheriff does have this topic on the Finance Committee's
agenda for an upcoming meeting, however he only requested I SRO which is guaranteed. It
was recommended that request to the Finance Committee be amended and the Sheriff
request 2 positions.
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.
4. Proposed expansion to the Fire Prevention Code fee schedule (see attached):
Deputy Chief/Fire Marshal Jay Bauserman started by giving a brief outline of the proposed
fee schedule for commercial buildings within Frederick County. While all of the yearly
inspections are critical for compliance, Deputy Chief Bauserman stated that by
implementing a fee schedule for these inspections, it could offset some of the County's
costs. Fire Marshal Kenneth Scott presented a PowerPoint which detailed the breakdown of
the proposed fee schedule. He advised the department was seeking support from the Public
Safety Committee to take the proposed fees to the Public Works Committee. The chief
concern, from Ms. McCann -Slaughter and Mr. Williams was the price structure for the
different building sizes
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 Pauserman on a possible resolution for the fee structure. This item will be
further discussed at the next Public Safety Committee meeting.
5. Other business.
Deputy Chief Oliver mentioned of the severe ice conditions Frederick County residents
encountered on February 12-13, 2019. He noted that over 260 fire & rescue incidents
transpired, including trees down, power lines down, and building fires.
Director LeeAnna Pyles also cited that the dispatchers answered over 800 calls for service.
Director Pyles also stated that Text to 9-1-1 is now live in Frederick County and we are the
first in the area with this capability.
The Public Safety Committee meeting adjourned: 10:00 a.m.
Respectfully submitted,
Public Safety Committee
Bob Wells Blaine Dunn Chuck Torpy
Judy McCann -Slaughter Helen Lake Walt Cunningham
Minute Book 44
Board of Supervisors Meeting of 2127t19
County of Frederick, Virginia