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Home My WebLink AboutMarch 27 2019 Board_Agenda_PacketAGENDA FREDERICK COUNTY BOARD OF SUPERVISORS WEDNESDAY, MARCH27, 2019 7:00 P.M. - REGULAR MEETING BOARD ROOM, COUNTY ADMINISTRATION BUILDING 107 NORTH KENT STREET, WINCHESTER, VIRGINIA 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) A.Minutes 1.Budget Work Session March 6, 2019 -------------------------------------------- A 2.Budget Work Session March 13, 2019 ------------------------------------------ B 3.Regular Meeting of March 13, 2019 --------------------------------------------- C B.Committee Reports 1.Finance Committee Report of 3/20/19 ------------------------------------------ D 2.Parks & Recreation Commission Reportof 3/13/19 -------------------------- E 3.Public Safety Committee Report of 3/14/19 ------------------------------------ F MEETING AGENDA PAGE 2 Frederick County Board of Supervisors Wednesday, March 27, 2019_____________________________________________________________ Consent Agenda -Continued C.Request from the Commissioner of the Revenue for Refunds and Corresponding Supplemental Appropriations --------------------------------------G Randy M Manning LLC -$5,311.26 Stanley Steemer Crpet Cleaner -$4,222.62 D.Resolution Proclaiming Census Day ------------------------------------------------------H E.Resolution Proclaiming National Telecommunicator’s Week -----------------------I F.Closing of County Offices for Annual Apple Blossom Festival----------------------J Board of Supervisors Comments County Officials A.Committee Appointments-------------------------------------------------------------------------K 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 Committee Business A.Finance Committee(See Tab _D_for additional information) 1.The Sheriff requests a General Fund supplemental appropriation in the amount of $17,818.14. ThisamountRepresents(2) auto claims to be used towarda replacement vehicle and vehicle maintenance.No local funds required.The Committee recommends approval. 2.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. The Committee recommends scheduling a publichearing. MEETING AGENDA PAGE 3 Frederick County Board of Supervisors Wednesday, March 27, 2019_____________________________________________________________ Public Hearings (Non-Planning Issues) – A.Pursuant to Virginia Code §15.2-1800, Regarding the Conveyance of --------L the County’sInterest in Real Property Located at 441 Linden Drive, in theCity of Winchester, Virginia, Identified as City Tax Parcel Number 130-1-1 B.Fiscal Year 2019-2020 Budget ----------------------------------------------------------------M The Board of Supervisors of Frederick County invites comments on the Proposed Budget for the fiscal year ending June 30, 2020. Planning Commission Business Public Hearings -None Other Planning Business -None Board Liaison Reports Citizen Comments Board of Supervisors Comments Adjourn MINUTES FREDERICK COUNTY BOARD OF SUPERVISORS BUDGET WORK SESSION WEDNESDAY, MARCH 6, 2019 4:00P.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; Cheryl B. Shiffler, Finance Director; Jennifer Place, Budget Analyst; Sharon Kibler, Assistant Finance Director;Michael Marciano, Human Resources Director; Mike Ruddy, Planning Department Director; Karen Vacchio, Public Information Officer;Jason Robertson, Director of Parks and Recreation;and Ann W. Phillips, Deputy Clerk to the Board of Supervisors. Others: Finance Committee Members Angela Rudoph and Jeff Boppe; Dr. David Sovine, Superintendentof Schools; Dr. Al Orndorff, Assistant Superintendent;Patty Camery, Executive Director of Financefor FCPS; Kristen Anderson, FCPS Budget Supervisor; Tim Crisman, Director of Facilities Servicesfor FCPS; School BoardmembersMichael LakeandSeth Thatcher; Nick Sabo, Executive Directorof the Winchester Regional Airport Authority;and Justin Kerns, Executive Director of the Winchester-Frederick County Visitors Center/Tourism Office;John Huddy, Handley Regional Library Director CALL TO ORDERAND ADOPTION OF AGENDA Chairman DeHaven called the meeting to order at 4:00p.m.and the agenda was adopted on motion of Supervisor Slaughter, seconded by Supervisor Trout. DISCUSSION–Airplane Tax The Board and staff discussed reducing the current airplane tax on aircraft under 20,000 pounds from $0.50 per $100 of assessed value to $0.01 per $100 of assessed value. By consensus the Board agreed to reduce the rate to $0.01. DISCUSSION –Transient Occupancy Tax Mr. Tierney noted that any revenue earned from the tax rate above 2% must beused to fund tourism. By consensus, the Board agreed to increase the transient occupancy tax from 2.5% to 3.5%. Mr. Tibbs noted that a public hearing will be required in order to amend the County Code on this matter. Frederick County Board of Supervisors Budget Work Session Minutes * March 6, 2019 1 DISCUSSION –Fund Balance Capital Fundingand Budget Scenario SupervisorSlaughter highlighted a proposal for addressing current school capital needs in light of the new Capital Asset Preservation Plan put forth by FCPS. The Board discussed the option of using categorical funding. Mr. Tierney noted that if the Board fundsthe School Board’s request categorically, then the School Board must return to the Board of Supervisors if they desire to transfer funds within their budget. Supervisors Lofton, Dunn, and McCarthy said they were in favor of categorical funding. Supervisor Trout said she was opposed to categorical funding. By consensus, the Board agreed to review Supervisor Slaughter’s proposal in conjunction with the state designated funding categories and Budget Scenario C (recommended by the County Administrator). Supervisors Lofton and McCarthy noted they were not ready to move forward with the Assistant Fire Chief position listed in Scenario C. Mr. Tierney asked the Board not delay the Assistant Fire Chief position, noting itas his first priority. The Board discussed the Fire and Rescue study. ADJOURN There being no further business, the meeting was adjourned at 5:01p.m . Frederick County Board of Supervisors Budget Work Session Minutes * March 6, 2019 2 MINUTES Frederick County Board of Supervisors Budget Work Session Wednesday,March 13, 2019 5:00p.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; and Robert W. Wellswere present. Shannon G. Troutwas absent. Staff present: Kris C. Tierney, County Administrator; 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; Scott Varner, IT Director; Mike Ruddy, Planning Department Director; Candice Perkins, Assistant Director of Planning; Karen Vacchio, Public Information Officer; and Ann W. Phillips, Deputy Clerk to the Board of Supervisors. Finance Committee Memberspresent: Jeffrey Boppe CALL TO ORDERAND ADOPTION OF AGENDA Chairman DeHaven called the meeting to order at 5:00p.m. The agenda was adoptedby a voice voteon motion of Vice Chairman Lofton, seconded by Supervisor Dunn. FY 2019-2020 BUDGET SCENARIO Mr. Tierney reviewed the currently proposed budget scenario. He said that various elements have been incorporated to provide the latest version of the scenario including requests by the schools and Supervisor Slaughter’s proposal for funding capital needs. He noted his priorities for funding and discussed the proposed capital funding account and the use of contingency funds. FY 2019-2020 BUDGET PUBLIC HEARING ADVERTISEMENT Ms. Shiffler reviewed the proposed budget advertisement. OTHER Vice Chairman Lofton questioned whether categorical funding would be required for the schools. Ms. Shiffler said that the budget can be advertised generally but appropriations can be made by specific category. Supervisor Dunn suggested that next year,he would like to seethe School Board put forth its total school budget in a similar manner as Loudoun County does. ADJOURN There being no further business, the Work Session was adjourned at 5:11p.m. Frederick County Board of Supervisors Budget Work SessionMinutes * March 13, 2019 1 MINUTES REGULAR MEETING FREDERICK COUNTY BOARD OF SUPERVISORS WEDNESDAY, MARCH 13, 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; Ellen Murphy, Commissioner of the Revenue; Cheryl Shiffler, Director of Finance; Karen Vacchio, Public Information Officer; Mike Marciano, Human Resources Director; Mike Ruddy, Director of Planning; Candice Perkins, Assistant Director of Planning; Mark Cheran, Zoning & Subdivision Administrator; John Bishop, Assistant Director of Planning-Transportation; Scott Varner, Director of Information Technologies; Jonathan Turkel, Assistant Director of Parks and Recreation; P:atrick Barker, Executive Director of the Frederick County EDA; 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 Dunndeliveredthe invocation. PLEDGE OF ALLEGIANCE Vice Chairman Lofton led the Pledge of Allegiance. ADOPTION OF AMENDED AGENDA -APPROVED Upon motion of Supervisor Dunn,seconded bySupervisor McCarthy,theagenda was adopted as amended by removing CPPA #02-18 –Carter. CITIZENS COMMENTS Arthur Bragg, Stonewall District, spoke against amending the Comprehensive Plan to change the land use in the BrucetownRoad area. He presented a petition opposing the amendment with approximately 150 signatures of area residents. Charlie Gardner, Stonewall District, said he opposesthe proposed project on Brucetown Road because traffic and noise will increase. He said taxes will increase and residents will suffer. Ken Burcham, Stonewall District, noted soft spots in the pavement near the traffic light on U. S. Route 11, traffic congestion, and possible pollution as reasons for opposing the proposed project. Frederick County Board of Supervisors Regular Meeting Minutes * March 13, 2019 1 Brenda Fristoe, Stonewall District, requested the Board vote no on amending the Comprehensive Plan with land use changes. She asked the Board to follow the current 2035 Comprehensive Plan. Greg McFarland, Stonewall District, said he agreed with the previous speakers. He asked that manufacturing expansion go into other County areas that are already designated for such developments and have theneededinfrastructure. Lynelle McFarland, Stonewall District, said the existing roadwayscannot support the current traffic and further development will cause even more problems. She said major changes to the current roads need to take place before further development occurs, adding that there is a public safety issue when traffic backs up and blocks the fire station. Shawn Graber, Back Creek District, spoke about the Proposed Emergency Response Performance Guide being considered later in the agenda. He said he was opposed to the Guide being adopted before the Chief’sWorking Group has reviewed and commented on it. Kathleen Bochert, employee of Frederick County Public Schools, referenced comments made at the Budget Work Session held on February 27. She asked that the Board do the right thing in funding the schools. ADOPTION OF CONSENT AGENDA –APPROVED Upon motion of Vice Chairman Lofton, seconded by Supervisor McCarthy, theconsent agenda was adopted on a roll call vote as follows: Blaine P. DunnAyeShannon G. TroutAye Gary A. LoftonAyeRobert W. WellsAye J. Douglas McCarthyAyeCharles S. DeHaven, Jr.Aye JudithMcCann-SlaughterAye -Minutes: Budget Work Session & Closed Session of February 26, 2019 - CONSENT AGENDA APPROVAL -Minutes: Joint Budget Work Session with School Board of February 27, 2019 - CONSENT AGENDA APPROVAL -Minutes: Regular Meeting of February 27, 2019 - CONSENT AGENDA APPROVAL -Finance Committee Report of 2/26/19 - CONSENT AGENDA APPROVAL, Appendix 1 -Public Safety Committee Report of 2/21/19- CONSENT AGENDA APPROVAL, Appendix2 -Request from the Commissioner of the Revenue for Refund and Corresponding Supplemental Appropriationfor Physiotherapy Associates, Inc. -$2868.87 – CONSENT AGENDA APPROVAL -Resolution of Support for Exit 313 Capacity Improvements Funding -CONSENT AGENDA APPROVAL WHEREAS, VDOT has informed County staff that the staff recommended scenar 3 has not allocated approximately $27 million; and, WHEREAS, VDOT has informed County staff that The Office of Intermodal Pla VDOT, and the Commonwealth Transportation Board are in discussio approximately $27 million, and WHEREAS, Exit 313 Capacity improvements totaling $5,264,400 were applied for but not currently recommended for funding under the staff recommended scenario for Frederick County Board of Supervisors Regular Meeting Minutes * March 13, 2019 2 WHEREAS, The remaining funding for the total cost of this $34,114,400 p under State of Good Repair funds and design begun, and WHEREAS, The Frederick County Board of Supervisors believes the capacity applied for to be very important to regional transportation, and NOW, THEREFORE, BE IT RESOLVED, that the Board of Supervisors of the County of Frederick hereby submits this resolution to request that the capacity improvement reconsidered for funding under the Commonwealth Transportation Btly unallocated $27 million in SmartScale funds. + + + + + + + + + + + + + + BOARD OF SUPERVISORS COMMENTS Supervisor Slaughter thanked the citizens who came to speak at the meeting. Supervisor Dunn noted the speaker who referencedthe February 27 Budget Work Session andoffered to talk with her after the meeting. COUNTY OFFICIALS: COMMITTEE APPOINTMENTS-None COMMITTEE BUSINESS: FINANCE COMMITTEE Supervisor Slaughter moved for approval of the following: the Public Works Director’s request for aGeneral Fund supplemental appropriation in the amount of $50,000forthecompletion of design specifications for a training facility building at the animal shelter; theParks & Recreation Director’srequestfor a General Fund supplemental appropriation in the amount of $33,300 representing donated funds for the installation of sand volleyball courts at Clearbrook Park; the Parks & Recreation Director’srequest for aGeneral Fund supplemental appropriation in the amount of $925fordonated funds for a park bench and dog waste stations; the Sheriff’s request for a General Fund supplemental appropriation in the amount of $29,378representing(2) Byrne/JAG grant awards to be used for deputy go bags, a throw phone, a camera, and items for Project Lifesaver; and the Sheriff’s request for a General Fund supplemental appropriation in the amount of $350representingrestitution for a damaged cruiser.Supervisor McCarthyseconded the motion which carried as follows on a roll call vote: Blaine P. DunnAyeShannon G. TroutAye Gary A. LoftonAyeRobert W. WellsAye J. Douglas McCarthyAyeCharles S. DeHaven, Jr.Aye JudithMcCann-SlaughterAye Supervisor Slaughter moved for approval of the Sheriff’s request for 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. Supervisor Troutseconded the motion which carried as follows on a roll call vote: Frederick County Board of Supervisors Regular Meeting Minutes * March 13, 2019 3 Blaine P. DunnAyeShannon G. TroutAye Gary A. LoftonAyeRobert W. WellsAye J. Douglas McCarthyAyeCharles S. DeHaven, Jr.Aye JudithMcCann-SlaughterAye PUBLIC SAFETY COMMITTEE PROPOSED EMERGENCY RESPONSE PERFORMANCE GUIDE–REFERRED TO THE CHIEF’S WORKING GROUP FOR REVIEW AND COMMENT SupervisorWells moved that the Proposed Emergency Response Performance Guidebe referred to the Chief’s Working Group’s April meeting for review and comment and thenreturnto the Public Safety Committee. Supervisor McCarthyseconded the motion which carried on a voice vote. + + + + + + + + + + + + + + PUBLIC HEARINGS (NON-PLANNINGISSUES)– THE COUNTY OF FREDERICK PROPOSES TO INCREASE PROPERTY TAX LEVIES.– 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 wouldlevy the same amount of real estate tax as last year, when multiplied by the new totalassessed 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 theproposed 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’sby 5.8 percent. Mr. Tierney provided background on the reassessment and the revenue increase expected if the real estate tax rate remains $0.61 per $100 of assessed value. Chairman DeHaven opened the public hearing. The speakers were as follows: Shawn Graber, Back Creek District, said his taxes and the County’s debt have increased in recent years and he sees ever expanding costs. He asked the Board to pay down the debt if they were going to have atax increase caused by keeping the tax rate at $0.61. Kerri Ann Kite, Shawnee District, spoke about affordable housing adding that a tax increase does not keep residents from having affordable housing. She said she was in favor of the $0.61 tax rate. Brandi Hammond, Shawnee District, spoke in favor of keeping the tax rate at $0.61 saying that additional revenue is needed. Chairman DeHaven closed the public hearing. Frederick County Board of Supervisors Regular Meeting Minutes * March 13, 2019 4 EXTENSION OF CABLE FRANCHISE AGREEMENT WITH COMCAST OF B. CALIFORNIA/MARYLAND/PENNSYLVANIA/VIRGINIA/WEST VIRGINIA, LLC. - APPROVED The proposed agreement would extend the nonexclusive franchise agreement between Comcast and the County until June 30, 2019. Mr. Tierney explained the request by Comcast for a three-month extension.At the request of Supervisor Dunn,Mr. Tierney clarified that the contract with Comcast is non-exclusive. Chairman DeHaven opened the public hearing. There were no speakers. Chairman DeHaven closed the public hearing. Vice Chairman Lofton moved for approval of the three-month extension of the Cable Franchise Agreement with Comcast Of California/Maryland/Pennsylvania/Virginia/West Virginia, LLC. Supervisor Wells seconded the motion which carried on a voice vote. PLANNING COMMISSION BUSINESS PUBLIC HEARINGS A.2019-2024 CAPITAL IMPROVEMENT PLAN (CIP) -ADOPTED The CIP is a Prioritized List of Capital Projects Requested by Various County Departments and Agencies.The Plan is Created as an Informational Component of the 2035 Comprehensive Plan. Ms. Perkins reviewed the draft Capital Improvement Plan. Chairman DeHaven opened the public hearing. The speakers were as follows: Dr. Stephen Bauer, Back Creek District, spoke in favor of the CIP, specifically the indoor aquatic center included in the Plan. He noted the that the aquatic center in Warrenton has been a boon to the local economyand ONE IN Frederick County would benefitmany residents. Shawn Graber, Back Creek District, said a more realistic plan is needed. He questioned whether the County has the money to finance the items in the plan. Brandi Hammond, Shawnee District, said the County must take on debt in order to provide for the needs of the residents. Joe Knight, Opequon District and swimming coach at Sherando High School, referenced the Parks and Recreation capital prioritiesand facility study. He said teaching children to swim is not a luxury, and that athletes who swim are entitled to have the same level of facilities as other athletes. He said with the lack of area facilities, an aquatic center is greatly needed and would serve the whole community. Rebecca Morrison, Gainesboro District, said an aquatic center has been neededin the areafor 20 years and would bring in visitors. ChairmanDeHaven closed the public hearing. Frederick County Board of Supervisors Regular Meeting Minutes * March 13, 2019 5 Supervisor McCarthy moved for adoption of the CIP. Supervisor Slaughter seconded the motion. Vice Chairman Lofton noted the CIP is wish list rather than a needs list. Supervisor Dunn said with the County continuing to grow, changes in ways to fund the growth are needed. The motion carried on voice vote. Other Planning Business A.REZONING #03-18 FOR CARPERS VALLEY INDUSTRIAL PARK-DENIED 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 ofMillwood Pike (Route 50), East of Prince Frederick Drive (Route 781) and CoverstoneDrive and are Identified by Property Identification Numbers 64-A-86 and 64-A-87 in theShawnee Magisterial District. Mr. Bishop provided background information and noted the revised proffers include installation of a screen buffer along the northern property line (along Route 50)and $360,000 to the County to be used to pay toward the road improvements in the public right-of-way on Route 50 to create an intersection with Inverlee Way or to be used at the County’s discretion, for road improvements in the Coverstone Drive area.He cited identified concerns as the request not being in conformance with the 2035 ComprehensivePlan; no coordination with land bay 2of the parcel; it being unclear if the industrial development will continue to offset the impacts of the residential development; elimination of the design modification package; elimination of the coordinated and unified development with the entire project; and transportation concerns. Ty Lawson spoke on behalf of the applicant and explained the revision of the proffersto include $360,000 to be paid to the County to be used at the County’s discretion.Mr. Lawson read a slightly modified Proffer 7.9: The Owner shall pay $360,000 to the County to be used to pay toward road improvements related to those rights of way directly impacted by this development. Supervisor McCarthy movedfor approval of the rezoning subject to the amended proffers as stated by Mr. Lawson. Vice Chairman Lofton seconded the motion. The motion failed on the following roll call vote: Blaine P. DunnNoShannon G. TroutNo Gary A. LoftonAyeRobert W. WellsNo J. Douglas McCarthyAyeCharles S. DeHaven, Jr.No JudithMcCann-SlaughterNo BOARD LIAISON REPORTS–None Frederick County Board of Supervisors Regular Meeting Minutes * March 13, 2019 6 CITIZEN COMMENTS Shawn Graber, Back Creek District, thanked Supervisor Wells for moving to send the Proposed Emergency Response Performance Guideto the Chief’s Working Groupfor review. BOARD OF SUPERVISORS COMMENTS Supervisor Trout referenced the CIP discussion saying that some have called the CIP a wish list. She said that while the CIP contains some lofty goals, many of the items are needs that mustbeaddressed in order to keep up with the increasing populationgrowth in the County. ADJOURN On motion of Vice Chairman Lofton, seconded by Supervisor Trout,the meeting was adjourned at 8:10p.m. Frederick County Board of Supervisors Regular Meeting Minutes * March 13, 2019 7 FINANCE COMMITTEE & AUDIT COMMITTEE REPORT to the BOARD OF SUPERVISORS Wednesday, March 20, 2019 8:00 a.m. 107 NORTH KENT STREET, WINCHESTER, VIRGINIA A Finance Committee meeting was held in the First Floor Conference Room at 107 North Kent Street on Wednesday, March 20, 2019 at 8:00 a.m. ATTENDEES: Committee Members Present: Judith McCann-Slaughter, Chairman; Charles DeHaven; Gary Lofton; Jeffrey Boppe; and Angela Rudolph. Committee Members Absent: William Orndoff, Treasurer and Ellen Murphy, Commissioner of the Revenue (non-voting liaisons). Staff present: Cheryl Shiffler, Finance Director; Sharon Kibler, Assistant Finance Director; Kris Tierney, County Administrator; Rod Williams, County Attorney; and Lenny Millholland, Sheriff. Others present: David Foley, Robinson, Farmer, Cox Associates. ITEMS REQUIRING ACTION BY BOARD OF SUPERVISORS: 1.The Sheriff requests a General Fund supplemental appropriation in the amount of $17,818 This amount represents (2) auto claims to be used toward a repla maintenance. No local funds required. See attached memo, p. 3 5. The committee recommends approval. 2.Amendment to Frederick County Code, Chapter 155 (Taxation), to add an Article III-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. 6 26. The committee recommends scheduling a public hearing. NO ACTION REQUIRED: AUDIT COMMITTEE: 1.David Foley from Robinson, Farmer, Cox Associates will present t8 Comprehensive Annual Financial Report (CAFR) and be available for discussion of the upcoming FY 2019 audit. The FY 2018 CAFR is available in dropbox or online at: www.fcva.us/CAFR. See attached memo, p. 27 28. The committee accepted the report and authorized the Finance Committee Chairman to sign the engagement letter for the FY 2019 audit. INFORMATION ONLY: 1.The Finance Director provides a Fund 10 Transfer Report for February 2019. See attached, p. 29. 2.The Finance Director provides financial statements ending February 28, 2019. See attached, p. 30 40. 3.The Finance Director provides an FY 2019 Fund Balance Report endMarch 15, 2019. See attached, p. 41. Respectfully submitted, FINANCE COMMITTEE Judith McCann-Slaughter, Chairman Charles DeHaven Gary Lofton Jeffrey Boppe Angela Rudolph By ___________________________ Cheryl B. Shiffler, Finance Director 3 4 5 6 7 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. 8 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 9 10 11 12 13 14 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 15 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 16 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 17 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 18 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 19 "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 20 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 21 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 22 § 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 23 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 24 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 25 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 26 27 28 BUDGET TRANSFERS FEBRUARY 2019 Page 1 DATEDEPARTMENT/GENERAL FUNDREASON FOR TRANSFERFROMTOACCTCODEAMOUNT 2/7/2019MANAGEMENT INFORMATION SYSTEMSPAY HELP SYSTEMS INVOICE12225413000000 (377.00) MANAGEMENT INFORMATION SYSTEMS12223005000000 377.00 2/7/2019OTHERREPAIR AND MAINTENANCE BUILDINGS - ROUND HILL12245415000001 (1,940.00) COUNTY OFFICE BUILDINGS/COURTHOUSE43043004000008 1,940.00 OTHER12245308000000 (410.00) COUNTY OFFICE BUILDINGS/COURTHOUSE 43043004000008 410.00 OTHER12245307000000 (220.00) COUNTY OFFICE BUILDINGS/COURTHOUSE43043004000008 220.00 OTHER 12245302000000 (153.00) COUNTY OFFICE BUILDINGS/COURTHOUSE43043004000008 153.00 2/7/2019REASSESSMENT/BOARD OF ASSESSORSTRANSPORT NEW VEHICLE12103007000000 (330.00) REASSESSMENT/BOARD OF ASSESSORS12108005000000 330.00 2/7/2019COUNTY OFFICE BUILDINGS/COURTHOUSEWATER/SEWAGE PSB-WATER PRICES DOUBLED 201943045408000005 (113.99) COUNTY OFFICE BUILDINGS/COURTHOUSE43045103000005 113.99 2/8/2019FIRE AND RESCUE EQUIPMENT FOR F&R F-15035058003000000 34,440.00 TRANSFERS/CONTINGENCY93015890000000 (34,440.00) 2/13/2019SHERIFFCOVER JANUARY EXPENSE OF POWER EQUIPMENT31025401000000 (4,000.00) SHERIFF31025408000000 4,000.00 2/13/2019ADMINISTRATION DSSDSS VEHICLE53168005000000 22,977.00 TRANSFERS/CONTINGENCY 93015890000000 (22,977.00) 2/14/2019TRANSFERS/CONTINGENCYRETURN UNSPENT FUNDS FOR SHERIFF'S RADIO EQUIPMENT93015890000000 18,014.00 SHERIFF 31025409000000 (18,014.00) 2/14/2019PARKS AND RECREATION ADMINISTRATIONCAPRA RESOURCE MATERIALS71015413000000 (110.00) PARKS AND RECREATION ADMINISTRATION 71015411000000 110.00 2/22/2019GENERAL ENGINEERING/ADMINISTRATIONNEW COPIER LEASE42014003000002 (1,000.00) GENERAL ENGINEERING/ADMINISTRATION 42015413000000 1,000.00 2/22/2019CLEARBROOK PARKSAND FOR VOLLEYBALL COURT & WWW71095413000000 (10,000.00) CLEARBROOK PARK71095412000000 10,000.00 2/22/2019SHERANDO PARKUTILITY RATE INCREASE71103004000003 (2,000.00) CLEARBROOK PARK 71095102000000 2,000.00 SHERANDO PARK71103004000003 (1,200.00) SHERANDO PARK71105103000000 1,200.00 2/22/2019RECREATION CENTERS AND PLAYGROUNDSTO COVER LIFT FOR WWW71043010000000 (50.00) CLEARBROOK PARK 71099001000000 50.00 2/25/2019FIRE AND RESCUEF-150 TR10 EQUIPMENT F&R35058005000000 21,060.00 TRANSFERS/CONTINGENCYFIRE AND RESCUE TRUCK AND RADIO93015890000000 (21,060.00) 2/25/2019SHERIFFSHERIFF VEHICLE EQUIPMENT31028005000000 312,381.00 TRANSFERS/CONTINGENCY93015890000000 (312,381.00) 2/26/2019REASSESSMENT/BOARD OF ASSESSORSDUES12105305000000 (100.00) REASSESSMENT/BOARD OF ASSESSORS12105801000000 100.00 2/26/2019FIRE AND RESCUEPROMOTIONS 2/19 PAYROLL35051007000001 (1,643.00) FIRE AND RESCUE35051001000067 1,643.00 TREASURER12131001000058 (6,774.30) TREASURER 12131001000062 6,774.30 TREASURER12131001000058 (1,987.00) TREASURER12131001000041 1,987.00 2/27/2019SHERIFFDECAL GRAPHICS FOR (15) UTILITY CRUISERS AND INSTALLATION31028005000000 (11,250.00) SHERIFF31025408000000 11,250.00 2/27/2019PLANNINGPURCHASE OF HP T930PS DESIGNJET81013006000000 (800.00) PLANNING81018001000000 800.00 PLANNING81015401000001 (1,400.00) PLANNING 81018001000000 1,400.00 PLANNING81015413000000 (2,000.00) PLANNING81018001000000 2,000.00 PLANNING 81015401000000 (2,000.00) PLANNING81018001000000 2,000.00 2/27/2019ANIMAL SHELTERSUPPLEMENT TRAVEL EXPENSE43053002000000 (1,500.00) ANIMAL SHELTER43055506000000 1,500.00 2/27/2019REFUSE COLLECTIONVEHICLE MAINTENANCE AND REPAIR42033004000001 (2,000.00) REFUSE COLLECTION 42033004000002 2,000.00 29 30 31 32 33 34 35 36 37 38 39 40 41 REPORT to the BOARD OF SUPERVISORS To: Jay Tibbs, Deputy County Administrator for Human Services From: Jason L. Robertson, Director, Parks & Recreation Dept. Date: March 13, 2019 Subject: Parks and Recreation Commission Action The Parks and Recreation Commission met on March 12, 2019. Members present were: Randy Carter, Christopher Fordney, Gary Longerbeam, Amy Strosnider, Ch., Natalie Gerometta, Ronald Madagan, and Robert Wells (Board of Supervisors Non-Voting Liaison). Members absent: Guss Morrison ITEMS REQUIRING ACTION BY BOARD OF SUPERVISORS: None ITEMS SUBMITTED FOR INFORMATION ONLY 1.The Commission approved the rental of the newly shaded former Tot Pool areas of Sherando and Clearbrook Pools at a rental rate of $50/day which admissions. 2.The Commission approved the rental fee of $10/hour per court (mi two hours) for the new sand volleyball courts being constructed at Clearbrook Park. 3.The Commission approved the department participating in the Nati Federations Great American Campout on June 21, 2019 to be held a introduce camping to the community. Cc: Charles R. Sandy, Chairman Robert Wells, Board of Supervisors Non-Voting Liaison FREDERICK COUNTY COMMISSION FOR PARKS AND RECREATION March 12, 2019 Gainesboro Elementary Community Center Members Present:Christopher Fordney, Gary Longerbeam,Charles Sandy, Jr., Amy Strosnider, Ronald Madagan, Natalie Gerometta, Randy Carter, Mr. Robert Wells (Non-Voting Board Liaison) Members Absent: Guss Morrison Staff:Jason Robertson, Jon Turkel,Stacy Herbaugh, Cory Smith Call to Order The meeting was called to order at 7:00p.m. by Mr. Charles Sandy. Approval of January 29, 2019Meeting Minutes Mr.Madaganmoved to approve the minutes as submitted,second by Mr. Carter carried unanimously(7-0). Adoption of Agenda Mr. Fordneymoved to approve the agenda, second by Mrs. Geromettacarried unanimously (7-0). Unfinished Business 1.Mr. Robertson updated the Commission on some bylaw clarifications: staff clarified with County Administration that the percentage of members needed for quorum is based on the number of active Commission members. Currently the quorum is five in attendance with a Commission of eight active members. Should there be a vacancy, the quorum would be four based on seven active members. 2.There was a question in the previous meeting regarding attendance. The bylaws were amended in December 2016 to include sub-committee attendance in the overall requirement of attending 75% of the meetings. Monthly Reports Mr. Robertson reported as follows: th On February 13the Parks and Recreation budget was discussed at the Board of Supervisors meeting. Some of the highlighted savings were discussed as well as the School Ground Maintenance Fund. The design documents for Snowden Bridge were highlighted as a need, especially if the old Frederick County Middle School property is not retained to be used as park property. We have an opening in the Operations Division-we will be looking at ways to utilize this position to increase our Customer Service presence after 5 p.m. Dan Pidgeon announced his retirement; his last day will be March 15, 2019. The two open Park Caretaker positions have been filled with Wilbur French (CB) and Kevin th Villabara (SH). They will start on March 15. Chris Konyar and Stacy Herbaugh have been working with a Service Learning group from James Wood HS researching under utilized areas of the County and our service offerings. We are applying for an AARP Grant for funds to construct a pickleball court at FHP. The Department was represented at the recent Valley Health Wellness Fair held at Apple Blossom Mall. Winter sports have concluded and registrations for spring sports are underway. th April 6will be a busy day at Sherando Park; we will host our first 4 Mile Trail Run/1 Mile Walk which will benefit the ARC and local Autism Awareness chapter (I’m Just Me), the Kite Fest will be held from 10-2 p.m., and BRYSA will begin games that day. Mr. Smith reported as follows: Park staff is working hard to have all athletic fields playable for spring high school sports. The poles have been installed at the CB Park sand volleyball courts, the drainage is in, gravel will be delivered on March 13, and then the sand will be installed. Cory will be meeting with representatives from FCPS to discuss some changes to the Co-Operative Use Agreement on March 13. Mr. Turkel reported as follows: The silk fence at FHP will remain in place until the grass has started growing. Northwest Sherando Park construction has been delayed by weather, the sewer line has been installed. Clearbrook Park Parking lot bids are in and are lower than projected. Standing Committee Reports: Finance Committee-March 6, 2019: 1.Mrs. Strosnider made a motion to accept the recommendation that the newly shaded former tot pool areas at each pool location be rented for $50/day which includes 10 pool admissions, seconded by Mr. Longerbeam, carried unanimously (7-0). 2.Mrs. Strosnider made a motion to accept the recommendation to rent the CB Park Sand Volleyball courts for the fee of $10/hour with a minimum rental of two hours per court, seconded by Mr. Longerbeam, carried unanimously (7-0). Promotions/Appeals/Youth Sports Partners-March 6, 2019: 1.Mrs. Gerometta made a motion to accept staff proposal to participate in the National Wildlife Federations Great American Campout on June 21, 2019 at Sherando Park,seconded by Mr. Madagan, carried unanimously (7-0). Information Items None Adjournment Mr. Sandyadjourned the meeting at 7:28p.m. Respectfully submitted, Charles R. Sandy,Chairman Jason L. Robertson, Director PUBLIC SAFETY COMMITTEE REPORT to the BOARD OF SUPERVISORS Thursday March 14, 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: Deputy Chief Larry Oliver, Deputy County Administrator Jay Tibbs, Deputy Chief/Fire Marshal Jay Bauserman, Major Steve Hawkins,Fire Chief Denny Linaburg, County Attorney Rod Williams and Fire Marshal Kenny Scott. ITEMS REQUIRING ACTION BY BOARD OF SUPERVISORS: 1. None ITEMS FOR INFORMATION ONLY: 1.Follow-up discussion of proposed expansion to the Fire Prevention Code fee schedule (see attached): Chairman Wells started the meeting by stating this was a procedural meeting to discuss the potential continuation of the Fire Marsal inspection fee schedule that Deputy Chief Bauserman and Fire Marshal Kenny Scott presented at the Public Safety Committee on February 21, 2019. Mr. Walt Cunningham stated that the fee schedule would bring in much needed revenue to Frederick County and that it should move forward to the Public Works Committee for further discussion. Mr. Blaine Dunn disagreed withforwardingthis proposal to the Public Works Committee. He stated the proposed program wastoo broad in scope and wantedto see a more refined fee schedule. Ms. Judy Slaughter stated she would like the inspections to stay as a community service. She expressed her preference for a phased approach that also looked at risk reduction. She believed the current fee schedule would have a big impact on small business owners. Ms. Helen Lake stated that the proposed fee schedule should be moved to the Public Works Committee whereitcould get more refinedin structure and then to be brought back to a future Public Safety Committee meeting. Mr. Cunningham moved to forward the proposed fee schedule to the Public Works Committee for more review and refinement and then have the revised schedule returned to the Public Safety Committee for review. The motion was seconded by Ms. Lake and passed ona 3 to 2 vote. Respectfully submitted, Public Safety Committee Bob WellsBlaine DunnChuck Torpy Judy McCann-SlaughterHelen LakeWalt Cunningham FIRE AND RESCUE DEPARTMENT OFFICE OF THE FIRE MARSHAL John J. Bauserman Deputy Chief/Fire Marshal Life Safety Division M E M O R A N D U M 1080 Coverstone Drive Winchester, VA 22602 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, visitorsandfirefighters. Please reference the attached documentfor a detailed informational breakdown of the proposed process and associated fees. Life Safety (540) 665-6350jbauserm@fcva.usFax (540) 678-4739 RESOLUTION Frederick County Board of Supervisors Census Awareness Day WHEREAS, every ten years, Article 1, Section 2 of the United States Constitution mandates a count of all the people living in the United States and its territories; and WHEREAS, the2020 Census will address every household in the nation with a simple questionnaire with the goal of counting everyone once, only once, and in the right place; and WHEREAS, data obtained by the survey will be used to help determine how approximately $675billion will be distributed from the federal government to state, local, and tribal governments annually; and WHEREAS, up to $2,000 of federal funding will be lost for each person not counted; as well as upwards of $20,000 of federal funding lost every ten years; and WHEREAS, a complete count requires that we bring together leaders from all communities of the Commonwealth, so that every Virginian regardless of racial, social, or economic background is counted; and WHEREAS, Governor Ralph S. Northam has established the Virginia Complete Count Commission, which is comprised of 40 members to collaborate with community partners and local Complete Count Committees to ensure an accurate 2020 Census count; NOW, THEREFORE, BE IT RESOLVED THAT the County of Frederick hereby proclaims April 1st, 2019, as Census Awareness Day. Passed this 27th day of March 2019 by the following recorded vote: Charles S. DeHaven, Jr., ChairmanGary A. Lofton J. Douglas McCarthyJudith McCann-Slaughter Shannon G. TroutBlaine P. Dunn Robert W. Wells A COPY ATTEST ___________________________ Kris C. Tierney or Frederick County Administrat PROCLAMATION NATIONAL TELECOMMUNICATOR’S WEEK FREDERICK VOUNTY, VIRGINIA APRIL 14-20, 2019 WHEREAS, emergencies can occur at any time that require police, fire or emergency medical services; and WHEREAS, when an emergency occurs, the prompt response of police officers, firefighters and paramedics is critical to the protection of life and preservation of property; and WHEREAS, the safety of our police officers and firefighters is dependent upon the quality and accuracy of information obtained from citizens who telephone the Frederick County Department of Public Safety Communications Center; and WHEREAS, Public Safety Dispatchers are the first and most critical contact our citizens have with emergency services; and WHEREAS, Public Safety Dispatchers are the single vital link for our police officers and firefighters by monitoring their activities by radio, providing them information and ensuring their safety; and WHEREAS, Public Safety Dispatchers of Frederick County, Virginia have contributed substantially to the apprehension of criminals, suppression of fires and treatment of patients; and WHEREAS, each dispatcher has exhibited compassion, understanding and professionalism during the performance of their job in the past year. NOW THEREFORE BE IT RESOLVED, that the Board of Supervisors of Frederick County, Virginia does hereby proclaim the week of April 14-20, 2019 to be National Telecommunicator’s Week in Frederick County, in honor of the men and womenwhose diligence and professionalism keep our county and citizens safe. th Adopted this 27day of March, 2019 Charles S. DeHaven, Jr., ChairmanGary A. Lofton J. Douglas McCarthyRobert W. Wells Blaine P. DunnShannon G. Trout Judith McCann-Slaughter Kris C. Tierney Clerk, Board of Supervisors County of Frederick, Virginia MEMORANDUM To:Administration From:LeeAnna Pyles; Director Date:March 18, 2019 Ref:Item to add to BOS meeting on March 27,2019 Every year, the second full week of April is dedicated to the men and women who serve as Public Safety Telecommunicators. This year,April 14-20, 2019will be recognized as “National Telecommunicators Week”. Please see that the attached Proclamation is entered in the Board of Supervisors agenda for the March27,2019meeting. COUNTY of FREDERICK Jay E. Tibbs Deputy County Administrator 540/665-5666 Fax 540/667-0370 E-mail: jtibbs@fcva.us M E M O R A N D U M M E M O R A N D U M TO: Board of Supervisors FROM: Jay E. Tibbs, Deputy County Administrator Public Hearing SUBJECT: Property Located at 441 Linden Drive, in the City of Winchester, Virginia, Identified as City Tax Parcel Number 130-1-1 DATE: March 21, 2019 Pursuant to Virginia Code § 15.2-1800, the Board will conduct a public hearing regarding the conveyance of the interest in real property located at 441 Linden Drive, in the City of Winchester, Virginia, identified as City tax parcel number 130-1-1, also known as the former Frederick County Middle School. By way of background, on December 5, 2017, the Frederick County the former Frederick County Middle School as surplus and turned of Supervisors. In April 2018 the County prepared an IFB (Invitation for Bids) seeking se improvements. In response to the IFB, only one offer was receiv highest bid up to $4,000,000.00. This offer was subsequently rejected. In the intervening months, the county had several inquiries and a number of entities toured the property, but none of those resulted in any further offers. In August 2019, the County prepared a Request for Proposals (RFP) for commercial real estate brokerage services to assist with the disposition of the property. On October 7, 2019, as a result of the RFP process, the County contracted with Mr. Don Butler, Virginia Property Group, to assihe property. On February 27, 2019, the County has received a contract to purchase the property for $3,250,000.00. The proposed contract is contingent upon approval by the Board of Supervisors following a public hea. At the conclusion of the public hearing, staff is seeking action to execute the Commercial Purchase Agreement between the County derick and HD Partners, LLC, and or its assigns. Attachment