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April 24 2019 Board_Agenda_PacketAGENDA FREDERICK COUNTY BOARD OF SUPERVISORS WEDNESDAY, APRIL 24, 2019 7:00 P.M. - REGULAR MEETING BOARD ROOM, COUNTY ADMINISTRATION BUILDING 107 NORTH KENT STREET, WINCHESTER, VIRGINIA 1.7:00 P.M. - Regular Meeting Call to Order 2.Invocation 3.Pledge of Allegiance 4.Adoption of Agenda 5.Citizen Comments – Agenda Items that are not the subject of a Public Hearing 6.Consent Agenda(Roll Call Vote Required)Attachment 6.AMinutes A Regular Meeting of April 10, 2019 -------------------------------------------------------- 1. 6.BCommittee Reports B 1.Finance Committee Report of 4/17/19 ------------------------------------------------- C 2.Human Resources Committee Report of 4/12/19----------------------------------- 6.CRequest from the Commissioner of the Revenue for RefundsD --------------- and Corresponding Supplemental Appropriations 1.D L Peterson Trust- $16,438.37 2.J B Hunt Transport Inc - $5,629.33 3.Ryder Truck Rental LT- $5,266.20 4.Undisclosed Taxpayer- Disabled Veteran's Relief- $2,595.79 MEETING AGENDA PAGE 2 Frederick County Board of Supervisors Wednesday, April 24, 2019 7.Board of Supervisors Comments 8.County Officials 8.APresentation of Resolution of Appreciationto June Wilmot 8.B Committee AppointmentsE -------------------------------------------------------------------- 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–(See attached application of Brandon H. Monk) 9.Committee Business 9.A Finance Committee (See Attachment _B_ for more info) () Items 1 –4 were approved under Committee consent agenda. 1.()The Sheriff requests a General Fund supplemental appropriation in the amount of $34,576.31. This amount represents a reimbursement from the Secret Service. No local funds required. Approved on Committee Consent Agenda. 2.()The Sheriff request a GeneralFund supplemental appropriation in the amount of $19,561.75. This amount represents an auto insurance claim for equipment. No local funds required. Approved on Committee Consent Agenda. 3.()The VJCCCA requests a General Fund budget transfer in the amount of $23,000from salaries to client services. No local funds required. Approved on Committee Consent Agenda. 4.()The Deputy County Administrator requests a General Fund supplemental appropriation in the amount of $5,524.38.This amount represents an insurance reimbursement for vandalism at the Old Frederick County Middle School. No local funds required. Approved on Committee Consent Agenda. 5.The Victim Witness Program Manager requests a General Fund budget transfer inthe amount of $17,039from fringe benefits to various operating line items. No local funds required. The Committee recommends approval. MEETING AGENDA PAGE 3 Frederick County Board of Supervisors Wednesday, April 24, 2019 9.A Finance Committee, continued 6.The Social Services Director requests a General Fund budget decrease in the amount of $340,500.Of this amount, $53,298 are local dollars. The reduction represents yearend adjustments to bringthe County budget in line with the State budget. The Committee recommends approval. 7.The Fire & Rescue Chief requests an F&R Expense Recovery Fund (Fund 30)supplemental appropriation in the amount of $458,144.This amount represents revenue expected to be receivedin excess of budgeted revenue. No local funds are required. The Committee recommendsapproval. 9.BHuman Resources Committee (See Attachment _C_ for more info) 1.The Human Resources Department presented recommended changes to Frederick County Human Resources policy regarding Dismissal. The Committee recommends approval. 2.The Human Resources Department presented recommended changes to Frederick County Human Resources policy regarding Verification of Employment and References. The Committee recommends approval. 9.C Public Safety Committee 1.The Board of Supervisors referred the draft Emergency Response Performance Guide to F --------- theChief’s Working Group for consideration and review prior to Board action. The Chief’s Working Groupunanimously endorsed the Emergency Response Performance Guide. The Committeerecommends adoption of the Performance Guide. 10.Public Hearings (Non Planning Issues) 10.AOutdoorFestival Permit-Curves to Core National Hog Rally G -------------------- June 19 to June 22, 2019 Pursuant to the Frederick County Code, Chapter 86, Festivals; Section 86-3, Permit Required; Application; Issuance or Denial; Fee, for an Outdoor Festival Permit.Festival to be Held on Wednesday, June 19, 2019, from 8:30 AM to 6:00 PM; Thursday, June 20, 2019, from 8:30 AM to 9:00 PM; Friday, June 21, 2019, from 8:30 AM to 6:00 PM and Saturday, June 22, 2019, from 8:30 AM to 7:00 PM, on the Grounds of Grove’s Winchester Harley-Davidson, 140 Independence Drive, Winchester, Virginia, Shawnee Magisterial District. Property Owned by Jobalie, LLC. MEETING AGENDA PAGE 4 Frederick County Board of Supervisors Wednesday, April 24, 2019 10.Public Hearings (Non Planning Issues) , continued 10.BOutdoorFestival Permit -Vintage Bikes and Swap Meet H ------------------------- June 15, 2019 (Rain date June 29, 2019) Pursuant to the Frederick County Code, Chapter 86, Festivals; Section 86-3, Permit Required; Application; Issuance or Denial; Fee, for an Outdoor Festival Permit.Festival to be Held on Saturday, June 15, 2019, from 10:00 AM to 5:00 PM, (Rain Date to be Held on Saturday, June 29, 2019, from 10:00 AM to 5:00 PM), on the Grounds of Grove’s Winchester Harley-Davidson, 140 Independence Drive, Winchester, Virginia, Shawnee Magisterial District.Property Owned by Jobalie, LLC. 10.CTwelveMonth Outdoor Festival Permit Request-Cedar Creek I ----------------- Battlefield Foundation (Patrick Kehoe). Pursuant to the Frederick County Code, Chapter 86, Festivals; Section 86-3, Permit Required; Application; Issuance or Denial; Fee; Paragraph D, Twelve Month Permits.All Events to be Held on the Grounds of Cedar Creek Battlefield Foundation, 8437 Valley Pike, Middletown, Virginia, Back Creek Magisterial District. Property Owned by Cedar Creek Battlefield Foundation. 10.DOrdinanceto Amend the Frederick County Code, Chapter 155, J ---------------- Taxation,to Add an Article III-A Exemption for Surviving Spouses of CertainPersons Killed in the Line of Duty. The Purpose of this Proposed Amendment would Allow for an Exemption from Real Property Taxes for Surviving Spouses of Certain Public Safety Personnel Killed in the Line of Duty. 11.Planning Commission -Public Hearings– None scheduled. 12.Other PlanningBusiness 12.ASite Plan (Subdivision) #23-18,Liberty Chase K -------------------------------------- --17 Lot Townhouse Subdivision The Applicant previously received a waiver of the Master Development Plan (MDP) requirement on July 10, 2017 and has chosen to process a subdivision design plan (site plan) inlieu of the MDP. When processing a subdivision design plan in lieu of the MDP,the Applicationmust be presented to the Planning Commission and the Board of Supervisorsas an informationalitem. Following its presentation to the Planning Commission and the Boardof Supervisors, Staffwill proceed with approval of the plan. ThisApplicationis presented for information; no action is necessary. MEETING AGENDA PAGE 5 Frederick County Board of Supervisors Wednesday, April 24, 2019 13.Board Liaison Reports 14.Citizen Comments 15.Board of Supervisors Comments 16. Adjourn MINUTES CLOSED SESSION AND REGULAR MEETING FREDERICK COUNTY BOARD OF SUPERVISORS WEDNESDAY, APRIL 10, 2019 6:00 P.M. AND 7:00P.M. BOARD ROOM, COUNTY ADMINISTRATION BUILDING 107NORTH 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;Cheryl Shiffler, Director of Finance;Jennifer Place, Budget Analyst;Karen Vacchio, Public Information Officer; MikeMarciano, Human Resources Director; Dennis Linaburg, Fire and Rescue Chief;Lenny Millholland, Sheriff; andAnn W. Phillips, Deputy Clerk to the Board of Supervisors. CALL TO ORDER Chairman DeHaven called the meeting to order at 6:00 p.m. CLOSED SESSION Vice Chairman Lofton moved that the Board convene in closed session pursuant to Section 2.2-3711 A (3) for discussion or consideration of the disposition of real property,where discussion in an open meeting would adversely affect the bargaining position or negotiating strategy of the public body. Supervisor Dunn secondedthe motion which carried on a voice vote. At 6:15p.m., the Board members being assembled within the designated meeting place in the presence of members of the public and the media desiring to attend, the meeting was reconvened on motion of Vice Chairman Lofton, seconded by Supervisor Trout. Vice Chairman Lofton moved that the Board of Supervisors of Frederick Countycertify that, to the best of each member’s knowledge, (i) only public business matters lawfully exempted from open meeting requirements by Virginia law were discussed in the closed meeting to which this certification applies, and (ii) only such public business matters as were identified in the motion convening the closed meeting were heard, discussed, or considered by the Board. Supervisor Trout seconded 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 Judith McCann-SlaughterAye Vice Chairman Lofton moved that the Board authorize the County Administrator to execute on behalf of the County a contract for the sale of the Old Frederick County Middle School property, 441 Linden Drive, in the City of Winchester, Tax Map ID #130-01-1, toHD Partners, LLC, consistent with the discussion of the Board in its closed session just concluded.Supervisor McCarthy Frederick County Board of Supervisors Closed Session & Regular Meeting Minutes * April 10, 2019 1 seconded 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 Judith McCann-SlaughterAye At 6:17p.m., Chairman DeHaven recessed the meeting until 7:00 p.m. CALL TO ORDER Chairman DeHaven called the meeting to order at 7:00 p.m. INVOCATION Supervisor Wells deliveredthe invocation. PLEDGE OF ALLEGIANCE Vice Chairman Lofton led the Pledge of Allegiance. ADOPTION OF AMENDED AGENDA -APPROVED Upon motion of Vice Chairman Lofton, seconded bySupervisor Dunn,theagendawas adoptedon a voice vote as amended by the removal of the item entitled Northern Y Revenue Sharing. CITIZENS COMMENTS The speakers were as follows: Michael Holly, representing the Clorox Company, discussed his company’s proposed cat litter manufacturing facility. He noted an upcoming community meeting that will allow residents to ask questions. Rick Brown, Back Creek District, referenced a proposed low-cost housing project saying such developments result in higher demand on 911 services and additionalchildren in the schools. He urged the Board not to rezone industrial land for residential purposes. Charlie Gardner, Stonewall District,said he opposes anything to do with the Clorox company. He noted concerns about traffic, truck noise at night, dust and light concerns at the current Carmeuse quarry and said new development at the site will ruin the community. Chris Jenkins, Stonewall District, discussed safety concerns for the Clear Brook fire and rescue personnel. He noted the Board’s earlier discussion about realigning Brucetown Road, I-81 improvements, and relocation of the fire house. He said the traffic congestion and intersection problems should be addressed and said the Board could require Clorox to contribute to a new building for the fire hall. Brenda Fristoe, Stonewall District, said the Clorox facility is not the answer to transportation problems. She referenced the 2035 Comprehensive Plan and asked the Board to follow that plan and vote no on a proposed cat litter facility. Richard Kennedy, Shawnee District resident and representative of the Top of Virginia Chamber of Commerce, said both the local chamberand the state chamber are in support of the Frederick County Board of Supervisors Closed Session & Regular Meeting Minutes * April 10, 2019 2 Clorox proposal for a cat litter manufacturing facility. Arthur Bragg, Stonewall District, said the Clorox community meeting is happening too late in the process. He noted his petition submitted earlier and said Clorox needs to look elsewhere. He noted noise and light concerns and invited the Board to visit and see the condition of Brucetown Road. Lora Jarrell, Opequon District, said there is a misconception that retirees are the only ones on a fixed income. She said sacrifice is necessary for funding the public schools and asked the Board to listen to all constituents and not only those with the same viewpointas their own. Mark Georgiana, Stonewall District, noted the traffic concerns on Brucetown Road. He said he was a former Carmeuse employee and noted an earlier proposal to change the quarry entrance to Route 11 instead of Brucetown Road which could alleviate some traffic concerns. Kenneth Burcham, Stonewall District, noted his concern about the Clorox proposal. He asked where the funding for the roads would come from. He noted concerns about waste products and water issues. Greg McFarland, Stonewall District, said the citizens do not want the Clorox facility. He noted concerns about traffic and the current waste pile at Carmeuse and said other problems will arise if the cat litter facility is allowed to be built. Lynelle McFarland, Stonewall District, said it was highly suspicious that a front-page article on the Clorox proposal appeared in the Winchester Star this week. She said the residents chose to live in a rural area rather than an industrial area. She questioned how gas lines on the subject property were funded. She said decisions a long time ago allowed Carmeuse to damage the communityand asked the Board to remember that all decisions will impact the residents. Amanda Feaster, Shawnee District, spoke in favor of keeping the real estate tax rate at $0.61per $100 of assessed value. She referenced school support staff needing salary increases andthe need for School Resource Officers for each school building and said a tax increase should be discussed to address funding shortages. The Rev. Heidi David Young, Gainesboro District, quoted Martin Luther. She noted the requested public safety positions that are not funded in the current budget, and said she is concerned and frustrated that public safety and schools are not fully funded. She said the current path is self-defeating and asked the Board to change course. Mary Meredith, Stonewall District, asked the Board to vote against changing a rural piece of land to an industrial use. She said the proposed project is not what Brucetown needs citing road safety and traffic concerns. Jennifer Hall, Shawnee District, spoke in favor of the Blackburn workforce housing project. She said she is Director of Community Engagement at the United Way leading the Valley Assistance Network and is also a member of the steering committee for the Northern Shenandoah Valley Housing Coalition. She noted current entry level salaries andsaid the current affordable housing crisis makes the proposed project necessary for the County. Joseph Jablonski, Red Bud District, said he is the Volunteer Coordinator for the Valley Assistance Network. He spoke in favor of the Blackburn workforce housing project. Frederick County Board of Supervisors Closed Session & Regular Meeting Minutes * April 10, 2019 3 Evan Wyatt of Greenway Engineering spoke in favor of the comprehensive plan amendment that would allow the Blackburn workforce housing project to progress.He asked that the request be forwarded to public hearing. Shawn Graber, Back Creek District, asked the Board not to move forward with the current budget proposal. He asked the Board to trim the budget so that the real estate tax rate would not have to go up, saying that spending has gone up. He said he prefers that the Board slow down andpay for projects as they are done. + + + + + + + + + + + + + + ADOPTION OF CONSENT AGENDA –APPROVED Upon motion of Vice Chairman Lofton, seconded by Supervisor Dunn,the consent agenda was adopted on a voice vote. -Minutes: Regular Meeting of March 27, 2019 - CONSENT AGENDA APPROVAL -Code & Ordinance Committee Report of 3/28/19- , Appendix 1 CONSENT AGENDA APPROVAL -Public Works Committee Report of 3/26/19- , Appendix 2 CONSENT AGENDA APPROVAL -Transportation Committee Report of 3/25/19- , Appendix3 CONSENT AGENDA APPROVAL -Summer & Holiday Meeting Schedule cancelling the second meeting during the months of June, July, August, November and December – CONSENT AGENDA APPROVAL BOARD OF SUPERVISORS COMMENTS-None COUNTY OFFICIALS: COMMITTEE APPOINTMENTS-None COMMITTEE BUSINESS: CODE AND ORDINANCE COMMITTEE AMENDMENT FREDERICK COUNTY CODE, CHAPTER 90 (FIRE PREVENTION AND PROTECTION), ARTICLE I (GENERAL PROVISIONS), TO CONFORM WITH MOST RECENT PRACTICES AND CHANGES TO THE VIRGINIA FIRE PREVENTION CODE-FORWARDED TO PUBLIC HEARING Supervisor Trout said the proposed revisions update the County’s adoption of the Virginia Statewide Fire Prevention Code (VSFPC) to add, delete, and update definitions as appropriate, update requirements relating to fire hydrants, and make provision for fire personnel- accessible key boxes for certain structures. She moved that the proposed ordinance amendment be set for public hearing with a recommendation of approval from the Committee. Supervisor McCarthy seconded the motion which carried on a voice vote. Frederick County Board of Supervisors Closed Session & Regular Meeting Minutes * April 10, 2019 4 AMENDMENT TO FREDERICK COUNTY CODE, CHAPTER 158 (VEHICLES AND TRAFFIC), ARTICLE II (STOPPING, STANDING, AND PARKING), SECTION 158-4 (GENERAL RESTRICTIONS), TO ADD PROVISION REGARDING VIOLATION OF PARKING RESTRICTIONS ON COUNTY-OWNED/OPERATED PROPERTY –FORWARDED TO PUBLIC HEARING Supervisor Trout said the proposed amendment would restrict parking on County-owned or County-controlled property to parking that is consistent with any posted signs on the property, and the new subsection would further imposea fine for a violation of such parking restrictions. She moved that the proposed ordinance amendment be set for public hearing with a recommendation of approval from the Committee. Supervisor Dunn seconded the motion which carried on a voice vote. ++ + + + + + + + + + + + + PUBLIC HEARING PROPOSED AMENDMENT TO THE FREDERICK COUNTY CODE, CHAPTER 155 TAXATION, ARTICLE XIV TRANSIENT OCCUPANCY TAX, SECTION 155-51 TAX IMPOSED–ADOPTED Mr. Tibbs explained the request from the Tourism Boardfor the increase in the Transient Occupancy Tax. He said the proposed amendment would increase the Transient Occupancy Tax rate from its current rate of 2.5% to 3.5% with the Proposed Amendment would taking effect on July 1, 2019. Chairman DeHaven opened the public hearing. There were no speakers. Chairman DeHaven closed the public hearing. Supervisor Slaughter moved for adoptionof the ordinance amending Chapter 155 Taxation, Article XIVTransient Occupancy Tax, from 2.5% to 3.5%.Supervisor Trout seconded the motion which carried on a roll call vote as follows: Blaine P. DunnAyeShannon G. TroutAye Gary A. LoftonAyeRobert W. WellsAye J. Douglas McCarthyAyeCharles S. DeHaven, Jr.Aye Judith McCann-SlaughterAye ORDINANCE The Board of Supervisors of Frederick County, Virginia hereby or Section 155-51 (Tax imposed) of Article XIV (Transient Occupancy Tax) of Cha the Code of Frederick County, Virginia be, and the same hereby is, amended by enacting an amended Section 155-151 (Tax imposed) of Article XIV (Transient Occupancy Tax) of Ch the Code of Frederick County, Virginia, as follows (deletion is strikethrough and addition is shown in bold underline): CHAPTER 155 TAXATION Article XIV Transient Occupancy Tax § 155-51 Tax imposed. In addition to all other taxes of every kind now or hereafter im levied on each and every transient a tax equivalent to 2.5% 3.5% of the total amount paid for room rental by or for any such transient to any motel. + + + + + + + + + + + + + + Frederick County Board of Supervisors Closed Session & Regular Meeting Minutes * April 10, 2019 5 ADOPTION OF FISCAL YEAR 2019-2020BUDGET AND APPROPRIATIONS AND SETTING OF 2019TAX RATES –APPROVED Supervisor Slaughter moved that that the Board adopt Budgetand Tax Rate Resolution Option A. Supervisor Wells seconded the motion. Supervisor Slaughter noted the proposed budget will fund a School Resource Officer in each school. Supervisor Trout said more funds are needed and she is disappointed that the Board was not supportive of a tax increase. She said she would support the proposed tax rate and budget as a step in the right direction. Vice Chairman Lofton said he could not support the proposed budget resolution because of the airplane tax rate and the lack of the requirement of categorical funding for the schools. Supervisor Dunn discussed teacher salaries in Frederick County compared to surrounding jurisdictions, his support of additional school buses, and the fire and rescue needs. He said he supports exploring impact fees as an alternative to raising real estate taxes. Supervisor McCarthy said he supports the budget dollar amounts but does not support the resolution options as presented. Hesaid he would prefer a hybrid of the two options which would incorporate a line item for categorically funding school maintenanceonly. Supervisor Wells referenced Supervisor Trout’s previously noted concern about citizen input coming earlier in the budget process. He said services cost money and the County cannot continue to refuse to address critical needs, adding that nearby jurisdictions have higher taxes and the residents are continuing to live there. He said the County cannot remain in the past. Budget and Tax Rate Resolution Option A was adopted on a roll call vote as follows: Blaine P. DunnNoShannon G. TroutAye Gary A. LoftonNoRobert W. WellsAye J. Douglas McCarthyNoCharles S. DeHaven, Jr.Aye Judith McCann-SlaughterAye FY 2019-2020 BUDGET RESOLUTION WHEREAS a notice of public hearing and budget synopsis has been hearing held on March 27, 2019, in accordance with Title 15.2, C-2506, of the Code of Virginia, 1950 as amended. THEREFORE, BE IT RESOLVED by the Board of Supervisors of the Cou Virginia, that the budget for the 2019-2020 Fiscal Year as advertised in The Winchester Star on March 1 2019, be hereby approved in the amount of $463,535,656. BE IT FURTHER RESOLVED that the County of Frederick budget for the 2019-2020 fiscal year be adopted and the funds appropriated as follows: General Operating Fund $197,546,413 Regional Jail Fund 23,238,848 Landfill Fund 10,467,653 Division of Court Services Fund 576,649 Frederick County Board of Supervisors Closed Session & Regular Meeting Minutes * April 10, 2019 6 Shawneeland Sanitary District Fund 1,295,215 Airport Operating Fund 1,756,556 Lake Holiday Sanitary District Fund 779,998 EMS Revenue Recovery Fund 1,803,958 Economic Development Authority Fund 631,802 School Operating Fund 175,981,549 School Debt Service Fund 16,726,869 School Capital Projects Fund 5,300,000 School Nutrition Services Fund 7,378,557 School Textbook Fund 3,126,049 NREP Operating Fund 5,985,540 NREP Textbook Fund 40,000 Consolidated Services/Maintenance Fund 3,600,000 School Private Purpose Funds 300,000 County Capital Fund 7,000,000 BE IT FURTHER RESOLVED that the Board of Supervisors of the Coun does herein adopt the tax rates for the 2019 assessment year as Property Taxes Rates per $100 of assessed value $0.61 Applied to real estate, including mobile homes Applied to personal property including business $4.86 equipment $2.25 Applied to personal property on one vehicle to volunteer firefighters that are approved and registered with the Frederick County Fire and Rescue Department $0.01 Applied to aircraft Zero tax Applied to antique vehicles and mopeds $2.00 On declining values to be applied to machinery and tools. The declining values are 60% for year one, 50% for year two, 40% for year three, and 30% for year four and all subsequent years. $2.00 On apportioned percentage of book values to be applied to Contract Classified Vehicles and equipment Frederick County Board of Supervisors Closed Session & Regular Meeting Minutes * April 10, 2019 7 Business and Professional Occupational License Rates Contractors $0.16 per $100 of gross receipts Retail $0.20 per $100 of gross receipts Financial, Real Estate, and Professional $0.58 per $100 of gross receipts Services Repair, personal and business services and $0.36 per $100 of gross receipts all other businesses and occupations not specifically listed or exempted in the County Code Wholesale $0.05 per $100 of purchases The tax rates for other businesses and occupations specifically unchanged. Other General Taxes Meals tax 4% of gross receipts Transient Occupancy tax 3.5% of gross receipts Vehicle License Taxes $25 per vehicle and $10 per motorcycle Sanitary Landfill Fees $50 Per ton for commercial/industrial $45 Per ton for construction demolition debris $20 Per ton for municipal waste $38 Per ton for municipal sludge $15 Per ton for Miscellaneous Rubble Debris Shawneeland Sanitary District Taxes $190 Unimproved Lots $660 Improved Lots Lake Holiday Sanitary District Taxes $678 Buildable Lots $264 Unbuildable Lots Lots owned by Lake Holiday Country Club, Inc. $0 Buildable Lots and Unbuildable Lots Star Fort Subdivision Taxes/Fees $60 Per Lot Street Light Fees Oakdale Crossing and Fredericktowne $40 annually Green Acres $25 annually Frederick County Board of Supervisors Closed Session & Regular Meeting Minutes * April 10, 2019 8 BE IT FURTHER RESOLVED that appropriations are hereby authorized fund, special welfare fund, comprehensive services fund, county insurance fund, length of service fund, special grant awards funemployee benefits fund, maintenance insurance fund, development project fund, sales tax fund, common compensation fund, Forfeited Assets Program, Four-For-Life Funds, Fire Programs, and Economic Incentive funds equal to the total cash balance on hand at July 1, 2019, plus the total am the fiscal year 2019-2020. The County Capital Fund and Fire Company Capital appropri the current year appropriation plus any unused funds at the end the fiscal year 2019. The County Capital appropriation shall include funds transferred to other capital f BE IT FURTHER RESOLVED that funding for all outstanding encumbra are re-appropriated to the 2019-2020 fiscal year to the same department and account for which th encumbered in the 2018-2019 fiscal year. BE IT FURTHER RESOLVED that the construction fund projects are a carryforward in the amount that equals the approved original project cost, less expenditures and encumbrances through June 30, 2019. + + + + + + + + + + + + + + PLANNING COMMISSION BUSINESS CPPA #02-18 BRUCETOWN ROAD AREA AMENDMENT –FORWARDED TO PUBLIC HEARING Ms. Perkins introduced the draft amendment to the Northeast Land Use Plan of the 2035 his amendment proposes to add109 acres into the Sewer and Water Comprehensive Plan. She said t Service Area (SWSA) and remove 109 acres from the SWSA, and alsoseeks to designate the 109 acres for industrial land uses. She discussed other text changes in the proposed amendment, and said staff is seekingdirection from the Board of Supervisors as to whether this item is ready to be sent to public hearing, notingthat staff and the Planning Commission are also seeking direction from the Board of Supervisors on the use of “should vs shall”in the amendment. Supervisor Slaughter moved that CPPA #02-18 not be forwarded for public hearing, and further moved that any additional consideration of CPPA #02-18 be ended at the present time. Supervisor Wells seconded the motion. Supervisor McCarthy agreed that many concerns have been voiced. He said he promised his constituents that he would hear all sides before making decisionsand said he wished the matter to go to public hearing before the issue is decided. Supervisor Wells discussed growth and the need for infrastructure. He said he does not like the idea of changing the comprehensive plan and rezoning land unnecessarily. Vice Chairman Lofton said he believes in sending issues to public hearing. He said it is imperative to send this issue to public hearing, adding he wants more discussion. Supervisor Dunn noted that a yes vote tonight only means the matter will go to public hearing for further discussion. He noted concerns about Brucetown Road. Supervisor Trout said the matter should go to public hearing, adding that she does not have enough information to decide on the project tonight. Supervisor Slaughter discussed the numerous public meetings held prior to the adoption of the 2035 Comprehensive Plan, and the reference to maintainingrural communities including Brucetown. Frederick County Board of Supervisors Closed Session & Regular Meeting Minutes * April 10, 2019 9 ViceChairman Lofton said the Planis a guiding document and is routinelyupdated and changed. Supervisor Slaughter’s motion to not send CPPA # 02-18 to public hearing failed on a roll call vote as follows: Blaine P. DunnNoShannon G. TroutNo Gary A. LoftonNoRobert W. WellsAye J. Douglas McCarthyNoCharles S. DeHaven, Jr.Aye Judith McCann-SlaughterAye Vice Chairman Lofton moved that CPPA # 02-18 be forwarded to public hearing. Supervisor Dunn seconded themotion which carried on a roll call vote as follows: Blaine P. DunnAyeShannon G. TroutAye Gary A. LoftonAyeRobert W. WellsNo J. Douglas McCarthyAyeCharles S. DeHaven, Jr.No Judith McCann-SlaughterNo RESOLUTION DIRECTING THE PLANNING COMMISSION TO HOLD A PUBLIC HEARING TO ADOPT AN AMENDMENT TO THE 2035 COMPREHENSIVE PLAN APPENDIX I AREA PLANS NORTHEAST LAND USE PLAN WHEREAS, the 2035 Comprehensive Plan, was adopted by the Board of Supervi and this proposed amendment to the Northeast Land Use Plan of Ap designation change for (PIN) 34-A-24D from rural areas land use to industrial land use and expand Sewer and Water Service Area (SWSA) to include 109 acres of parc from the existing SWSA, and WHEREAS, the Frederick County Planning Commission discussed this amendment on March 6, 2019 and sent the amendment to the Board of Supervisors for discussion; a WHEREAS, the Frederick County Board of Supervisors discussed this propose 2019; and NOW, THEREFORE, BE IT REQUESTED by the Frederick County Board of Supervisors that the Frederick County Planning Commission shall hold a public hearing Northeast Land Use Plan to amend the land use designation for PI-A-24D from Rural Areas land use to Industrial land use and expand the Sewer and Water Service Area (SW in the SWSA and remove 109 acres from the existing SWSA and forw of Supervisors. + + + + + + + + + + + + + + FORWARDED TO PUBLIC CPPA #01-19 BLACKBURN PROPERTY WORKFORCE HOUSING- HEARING Ms. Perkins said this draft amendment to the Kernstown Area Plan of the 2035 Comprehensive Planproposes to add 71.849-acres to the Urban Development Area (UDA). She said the amendment also seeks to designate the 71-acres for workforce housing. She added the Kernstown Area Plan currently designates the property for industrial land useand the Applicant is requesting the UDA expansion and land use designation change to allow for the development of workforce housingthat would provide affordable housing opportunities for residents of the community. Ms. Perkins said the Planning Commissionagreed with the concerns expressed by the CPPC and did not support the loss of planned industrialland for the construction of residential units, and therefore has sent this item forward tothe Board of Supervisors with a recommendation for denial.She said staff is seeking Frederick County Board of Supervisors Closed Session & Regular Meeting Minutes * April 10, 2019 10 direction from the Board of Supervisors as to whether this item is ready to be sent forward for public hearing. Vice Chairman Lofton moved to send CPPA # 01-19 forward to public hearing. Supervisor Trout seconded the motion. Supervisor McCarthy said there needs to be an overriding reason to change the Comprehensive Plan and a public hearing will allow the Board to learn more before deciding on the matter. Supervisor Dunn noted the property has been for sale for several years and is partly wetlands. Vice Chairman Lofton agreed saying the mitigation of the wetland condition is expensive and housing is the highest and best use of the land. Supervisor Wells said he does not like changing the Comprehensive Plan. He said adding residential development will have a financial impact on fire and rescue services and schools. Supervisor Slaughter agreed with Supervisor Wells’ concern about adding homes. She said outof respect for the Supervisor in whose district the project is located, she would be in favor of the matter going to public hearing. Supervisor Trout said she is supportive of the workforce housing project and is in favor of sending matter to public hearing. CPPA # 01-19 was forwarded to public hearing on a roll call vote as follows: Blaine P. DunnAyeShannon G. TroutAye Gary A. LoftonAyeRobert W. WellsAye J. Douglas McCarthyAyeCharles S. DeHaven, Jr.Aye Judith McCann-SlaughterAye RESOLUTION DIRECTING THE PLANNING COMMISSION TO HOLD A PUBLIC HEARING TO ADOPT AN AMENDMENT TO THE 2035 COMPREHENSIVE PLAN APPENDIX I AREA PLANS KERNSTOWN AREA PLAN WHEREAS, the 2035 Comprehensive Plan, was adopted by the Board of Supervi and this proposed amendment to the Kernstown Area Plan of Append designation change for (PIN) 63-A-80I from industrial land use to workforce housing and expand the Development Area (UDA) to include 71.849-acres to the UDA; and WHEREAS, the Frederick County Planning Commission discussed this amendmen sent the amendment to the Board of Supervisors with a recommendatio WHEREAS, the Frederick County Board of Supervisors discussed this propose 2019; and NOW, THEREFORE, BE IT REQUESTED by the Frederick County Board of Supervisors that the Frederick County Planning Commission shall hold a public hearing Kernstown Area Plan to amend the land use designation for PIN 63-A-80I from industrial land use to Workforce Housing and expand the Urban Development Area (UDA) to include 71.849 acres and forward a recommendation to the Board of Supervisors. + + + + + + + + + + + + + + BOARD LIAISON REPORTS Vice Chairman Lofton reported the Extension Leadership Council was currently recognizing Volunteer Week. He announced that 4-H camp will be held July 7-11 at the Northern Virginia 4-H Center. Frederick County Board of Supervisors Closed Session & Regular Meeting Minutes * April 10, 2019 11 Supervisor Wells thanked the Public Works Department staff, especially those at the landfill, for a successful Solid Waste Forum event held recently. Chairman DeHaven said he had received very positive feedback about the event. CITIZEN COMMENTS George Sempeles, Red Bud District, noted that in 2001 the County denied a technology center development and subsequently 800 homes were built instead. He said industry pays the bills and he would like to see the Clorox project go through. Joy Kirk, Back Creek District, said she is tired of the schools having to ask only for critical needs. She discussed tax increases and asked when the County will move forward and fund the future. Brian Nuri, Opequon District, thanked the Board for adopting the budget. He said he is concerned about infrastructureand discussed traffic and road concerns that he wants the Board to address. He said he does not see fat in the budget, but he wants the County to start catching up on the needs. BOARD OF SUPERVISORS COMMENTS Supervisor Trout noted the recently held Trail Race for Autism at Sherando Park. Supervisor Dunn said the current Board members were not in office 15 to 20 years ago when much of the current growth was approved. He said the Board continues to look for ways to solve problems. Supervisor McCarthy gave a reminder of the upcoming Apple Blossom Festival. NOISE ORDINANCE REFERRED TO CODE AND ORDINANCE COMMITTEE Supervisor Slaughter noted a recurring problem with noise in her District saying shewould like the County Codeto be amended to align with the most recent Virginia Supreme Court decision enabling law enforcement to better address residents’ concerns. She movedthatthe Board refer the matter to the Code and Ordinance Committee to revisit proposed revisions to County Code Chapter 118 regarding enforceability. Supervisor Dunn seconded the motion which carried on a voice vote. ADJOURN On motion of Vice Chairman Lofton, seconded by Supervisor Dunn,the meeting was adjourned at 9:00 p.m. Frederick County Board of Supervisors Closed Session & Regular Meeting Minutes * April 10, 2019 12 FINANCE COMMITTEE & AUDIT COMMITTEE REPORT to the BOARD OF SUPERVISORS Wednesday, April 17, 2019 8:00 a.m. 107 NORTH KENT STREET, WINCHESTER, VIRGINIA A Finance Committee meeting was held in the First Floor Conferen Room at 107 North Kent Street on Wednesday, April 17, 2019 at 8:00 a.m. ATTENDEES: Committee Members Present: Judith McCann-Slaughter, Chairman; Charles DeHaven; Gary Lofton; Jeffrey Boppe; Angela Rudolph-Wiseman; and William Orndoff (non-voting liaison). Committee Members Absent: Ellen Murphy, Commissioner of the Revenue (non-voting liaison). Staff present: Cheryl Shiffler, Finance Director; Sharon Kibler, Assistant Finance Director; Kris Tierney, County Administrator; Jay Tibbs, Deputy County Administrator; Rod Williams, County Attorney; Lenny Millholland, Sheriff; Denny Linaburg, F&R Chief; Melissa Rice, Victim Witness Program Manager; Jennifer Place, Budget Analyst; Delsie Jobe, DSS Administrative Services Manager; Melissa Neal, F&R Administrative Assistant; and Christine Bauserman, EMS Billing Manager. ITEMS REQUIRING ACTION BY BOARD OF SUPERVISORS: () Items 1 4 were approved under consent agenda. 1.() The Sheriff requests a General Fund supplemental appropriation in the amount of $34,576.31. This amount represents a reimbursement from the Secret Service. required. See attached information, p. 3 4. 2.() The Sheriff request a General Fund supplemental appropriation in the amount of $19,561.75. This amount represents an auto insurance claim for equipment. N required. See attached information, p. 5 6. 3.() The VJCCCA requests a General Fund budget transfer in the amount of $23,000 from salaries to client services. No local funds required. See attached memo, p. 7. 4.() The Deputy County Administrator requests a General Fund supplemental appropriation in the amount of $5,524.38. This amount represents an insurance reimbursement for vandalism at the Old Frederick County Middle School. No local funds required. See att p. 8 9. 5.The Victim Witness Program Manager requests a General Fund budget transfer in the amount of $17,039 from fringe benefits to various operating line items. No local attached information, p. 10 14. The committee recommends approval. 6.The Social Services Director requests a General Fund budget decrease in the amount of $340,500. Of this amount, $53,298 are local dollars. The reduction represents yearend adjustments to bring the County budget in line with the State buSee the attached memo, p. 15 18. The committee recommends approval. 7.The Fire & Rescue Chief requests an F&R Expense Recovery Fund (Fund 30) supplemental appropriation in the amount of $458,144. This amount represents revenue expected to be received in excess of budgeted revenue. No local funds are required. See attached memo, p. 19. The committee recommends approval. 1 INFORMATION ONLY: 1.The Finance Director provides a Fund 10 Transfer Report for March 2019. See attached, p. 20 21. 2.The Finance Director provides financial statements ending March 9. See attached, p. 22 32. 3.The Finance Director provides an FY 2019 Fund Balance Report end attached, p. 33. Respectfully submitted, FINANCE COMMITTEE Judith McCann-Slaughter, Chairman Charles DeHaven Gary Lofton Jeffrey Boppe Angela Rudolph By ___________________________ Cheryl B. Shiffler, Finance Director 2 3 4 5 6 7 COUNTY of FREDERICK Jay E. Tibbs Deputy County Administrator 540/665-5666 Fax 540/667-0370 E-mail: jtibbs@fcva.us TO: Finance Committee FROM: Jay E. Tibbs, Deputy County Administrator SUBJECT: Appropriation of Insurance Reimbursement DATE: April 8, 2019 Attached please find a copy of a check received from VACoRP in the amount of $5,524.38 for a property claim dated February 16, 2009 in which vandals damaged property and equipment at the old Frederick County Middle School. Staff is seeking appropriation of these funds into the following budget line item 4- 010-043040-3004-000-000 Repair and Maintenance Buildings & Grounds. Should you have any questions, please do not hesitate to contact me. Attachment 8 9 Melissa D. Rice, Director 10 11 12 13 14 15 16 19 BUDGET TRANSFERS MARCH 2019 Page 1 DATEDEPARTMENT/GENERAL FUNDREASON FOR TRANSFERFROMTOACCTCODEAMOUNT 3/6/2019INFORMATION TECHNOLOGYIT SWITCH12208007000003 199,470.00 TRANSFER/CONTINGENCY93015890000000 (199,470.00) 3/6/2019COUNTY ATTORNEYSALARY ADJUSTMENT 3/1/1912021001000003 2,597.00 COUNTY ATTORNEY12022001000000 199.00 COUNTY ATTORNEY12022002000000 255.00 COUNTY ATTORNEY 12022006000000 34.00 COUNTY ATTORNEY12022008000000 16.00 COUNTY ATTORNEY12022011000000 3.00 TRANSFERS/CONTINGENCY 93015890000000 (3,104.00) 3/8/2019INSPECTIONSTO COVER DEFICIT FOR PRINTING34014003000002 (1,000.00) INSPECTIONS34013006000000 1,000.00 3/8/2019COUNTY OFFICE BUILDINGS/COURTHOUSEWASHINGTON GAS BILL MILLWOOD FIRE STATION43045408000000 (500.00) COUNTY OFFICE BUILDINGS/COURTHOUSE43045102000000 500.00 COUNTY OFFICE BUILDINGS/COURTHOUSE43045407000000 (1,000.00) COUNTY OFFICE BUILDINGS/COURTHOUSE 43045102000000 1,000.00 3/12/2019COUNTY OFFICE BUILDINGS/COURTHOUSEPUBLIC SAFETY WATER AND SEWER/PRICES DOUBLED 201943043004000006 (1,500.00) COUNTY OFFICE BUILDINGS/COURTHOUSE43045103000005 1,500.00 3/12/2012COUNTY OFFICE BUILDINGS/COURTHOUSEREPAIR FURNACE 3 AND 4 MILLWOOD STATION43043004000022 (500.00) COUNTY OFFICE BUILDINGS/COURTHOUSE43043004000021 500.00 3/13/2013INFORMATION TECHNOLOGYTO COVER NEW GIS TECH HIRE12201001000057 (1,410.00) INFORMATION TECHNOLOGY 12201001000022 1,410.00 3/13/2013INFORMATION TECHNOLOGYTO COVER PROMOTION TO GIS ANALYST12201001000021 (6,064.70) INFORMATION TECHNOLOGY 12201001000024 6,064.70 3/13/2019INFORMATION TECHNOLOGYREMAINING PURCHASE FOR PSB MIGRATION12203005000000 (5,000.00) INFORMATION TECHNOLOGY12203002000000 5,000.00 INFORMATION TECHNOLOGY12205506000000 (2,600.00) INFORMATION TECHNOLOGY 12203002000002 2,600.00 3/13/2019MANAGEMENT INFORMATION SYSTEMTO COVER SHERIFF'S OFFICE REFRESH12223002000000 (13,748.00) INFORMATION TECHNOLOGY12225401000000 13,748.00 3/15/2019BOARD OF SUPERVISORSCOVER DEFICIT IN OTHER EXPENSES LINE ITEM11015506000000 (700.00) OTHER 12245415000000 700.00 3/15/2019COUNTY OFFICE BUILDINGS/COURTHOUSETRANSFER FUNDS FOR CLEARBROOK PARKING LOT43045605000005 (70,000.00) REFUSE COLLECTION42038700000000 (60,000.00) TRANSFERS/CONTINGENCY93015807000001 (25,000.00) OTHER12243002000000 (30,000.00) INFORMATION TECNOLOGY12205506000000 (8,000.00) MANAGEMENT INFORMATION SYSTEMS12225401000000 (10,000.00) MANAGEMENT INFORMATION SYSTEMS12223004000001 (3,000.00) OTHER12245415000002 (29,000.00) CLEARBROOK PARK 71098900000000 235,000.00 3/20/2019COUNTY OFFICE BUILDINGS/COURTHOUSECLEAN UP FCMS FOLLOWING VANDALISM OF SCHOOL PROPERTY43043004000005 (3,825.00) COUNTY OFFICE BUILDINGS/COURTHOUSE43043004000010 3,825.00 3/20/2019LITTER CONTROL GRANTPRINTING OF PICKUP DECALS42053004000002 (200.00) LITTER CONTROL GRANT42053006000000 200.00 3/20/2019CLERK OF THE CIRCUIT COURTSALARY ADJUSTMENT21063006000000 (110.05) CLERK OF THE CIRCUIT COURT21061001000039 110.05 CLERK OF THE CIRCUIT COURT21063006000000 (243.49) CLERK OF THE CIRCUIT COURT21061001000005 243.49 CLERK OF THE CIRCUIT COURT21063006000000 (147.50) CLERK OF THE CIRCUIT COURT21061001000038 147.50 CLERK OF THE CIRCUIT COURT21063006000000 (345.20) CLERK OF THE CIRCUIT COURT21061001000002 345.20 CLERK OF THE CIRCUIT COURT21063006000000 (189.70) CLERK OF THE CIRCUIT COURT21061001000037 189.70 CLERK OF THE CIRCUIT COURT21063006000000 (594.82) CLERK OF THE CIRCUIT COURT21061001000004 594.82 CLERK OF THE CIRCUIT COURT21063006000000 (288.39) CLERK OF THE CIRCUIT COURT21061001000036 288.39 CLERK OF THE CIRCUIT COURT21063006000000 (833.07) CLERK OF THE CIRCUIT COURT 21061001000040 833.07 3/20/2019COUNTY OFFICE BUILDINGS/COURTHOUSESECURE TRAILERS AT FCMS AFTER VANDALISM OF SCHOOL43043004000005 (113.25) COUNTY OFFICE BUILDINGS/COURTHOUSE 43045400000010 113.25 3/20/2019COUNTY OFFICE BUILDINGS/COURTHOUSEPARKING LOT LEASE WITH WINCHESTER AIRPORT43045302000021 (577.00) COUNTY OFFICE BUILDINGS/COURTHOUSE43043010000021 577.00 3/21/2019CLEARBROOK PARKCLEARBROOK VOLLEYBALL COURT SAND TRANSPORT71095412000000 (7,000.00) CLEARBROOK PARK71098900000000 7,000.00 3/21/2019COUNTY OFFICE BUILDINGS/COURTHOUSEFCMS VANDALISM43043004000005 (1,092.50) COUNTY OFFICE BUILDINGS/COURTHOUSE43043004000010 1,092.50 COUNTY OFFICE BUILDINGS/COURTHOUSE43043004000005 (23.92) COUNTY OFFICE BUILDINGS/COURTHOUSE 43045400000010 23.92 3/22/2019COUNTY OFFICE BUILDINGS/COURTHOUSEHEATING COUNTY ADMINISTRATION BUILDING43043004000005 (1,486.66) COUNTY OFFICE BUILDINGS/COURTHOUSE43045102000000 1,486.66 3/22/2019SHERIFFTO COVER FEBRUARY EXPENSES31023004000002 (197.00) SHERIFF31025411000000 197.00 3/26/2019REFUSE COLLECTIONMOVE FUNDS TO SUPPLY LINE ITEM42038006000000 (9,400.00) 42035413000000 9,400.00 3/26/2019MANAGEMENT INFORMATION SYSTEMSTO COVER LEASE PAYMENTS FOR XEROX PRINTER12225401000000 (3,800.00) MANAGEMENT INFORMATION SYSTEMS12229001000000 3,800.00 3/27/2019RECREATION CENTERS AND PLAYGROUNDSFOR SHADE STRUCTURES AT POOLS71043010000000 (15,000.00) 20 CLEARBROOK PARK71093004000003 15,000.00 3/27/2019INFORMATION TECHNOLOGYBOARD ACTION 3/27/19 SHERIFF LAPTOPS12205401000004 (95,475.00) SHERIFF31029001000000 95,475.00 3/29/2019SHERIFFMARCH PROMOTIONS31021001000073 (1,622.73) SHERIFF31021002000085 1,622.73 SHERIFF31021001000012 (2,233.05) SHERIFF31021002000072 2,233.05 SHERIFF31021002000032 (2,063.26) SHERIFF31021001000054 2,063.26 SHERIFF31021001000076 (4,211.53) SHERIFF 31021001000067 4,211.53 FIRE AND RESCUE35051007000001 (1,578.00) FIRE AND RESCUE35051001000129 1,578.00 3/29/2019COUNTY OFFICE BUILDINGS/COURTHOUSEREPLACE SECURITY CAMERAS43043004000003 (1,330.09) COUNTY OFFICE BUILDINGS/COURTHOUSE 43048007000000 1,330.09 3/29/2019RECREATION CENTERS AND PLAYGROUNDSSHADE STRUCTURES AT CLEARBROOK71043010000000 (200.00) CLEARBROOK PARK 71093004000003 200.00 21 22 23 24 25 26 27 28 29 30 31 32 33 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 SUBJECT: Proposed Emergency Response Performance Guide DATE: April 15, 2019 At the February 21, 2019 meeting of the Public Safety Committee, the committee discussed a proposed Emergency Response Performance Guide, which would help establish response time goals for emergency incidents within Frederick County. The Public Safety Committee referred the guidelines to the Board of Supervisors with a recommendation of approval. It was noted that the proposed guide would be discussed at the Chiefs Working Group meeting. At the Board of Supervisors March 13, 2019 meeting, it was noted that the proposed guide was discussed at the Chiefs Working Group, but the Board had not received an endorsement of the proposal. The Board referred the proposed Emergency Response Performance Guide back to the Chiefs Working Group for a recommendation. At the March 21, 2019 meeting of the Chiefs Working Group, the proposed Emergency Response Performance Guide was discussed and unanimously endorsed by the Chiefs Working Group. (An excerpt of the minutes is attached to this memo.) The proposed Emergency Response Performance Guide is back before the Board for action. Should you have any questions, please do not hesitate to contact Attachments FREDERICK COUNTY FIRE AND RESCUE CHIEFS WORK GROUP MEETING Minutes Excerpt March 21, 2019 Review of the Emergency Response Performance Guide. The guide was one of o the recommendations in the Study. It was presented at the Public Safety Committee and recommended to the Board of Supervisors for endorsement. CWG discussed it and reviewed the information at their February 2019 meeting. It is strictly a goal for the system, there is no punitive action for not meeting the goals, but it will give us a clear picture at hoincidents. The information contained within the Guideline was pulled from the Fire and Rescue Study, NFPA 1710, and NFPA 1720 and then combined to meet the needs of st Frederick County. The initial response time goal is for 1 due responses only, st the Effective Response Force time is for calls outside the 1 due and automatic / mutual aid responses. We will be able to run a report monthly to compare response times to see where improvements are needed. At the request of County Administration, they would like an endorsement from the CWG before presenting it for a final endorsement by the Board of Supervisors. Chief Linaburg requested a motion to endorse the Response Guideline. A motion was made by Chief Keeler, seconded by Chief Lauck. The motion passed unanimously on voice vote to endorse the Response Guideline. 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: 1-Proposed Emergency 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 responsetime 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 reimbursement 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 servicesprovided. Blaine Dunnmade a motion to approve the policy request and forward it onto the Finance Committee. Ms. Lakeseconded 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 COUNTY of FREDERICK Office of the County Administrator M E M O R A N D U M To: Frederick County Board of Supervisors From: Ann W. Phillips, Deputy Clerk Date: April 17, 2019 Re: 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) Ability to Limit Scope of Eligibility for Exemption ============================================================================== The Finance Committee discussed this item at meetings on February 26 and March 20, 2019, and at the latter meeting, recommended that the Board hold a public hearing on the topic. In short, the proposedaddition to the County Code would provide an exemption from real property taxes for surviving spouses of certain public safety personnel killed in the line of duty, as such exemption ispermitted, but not required, under applicable state law, Virginia Code Title 58.1, Chapter 32, Article 2.5. As authorized under state law, the exemption would apply to the surviving spousesof sworn employees or members of, essentially, any Virginia state or local agency engaged law enforcement, corrections, firefighting, emergency medical services, civil defense (includiVirginia National Guard), or emergency management. Previously the proposed amendment was discussed at Code and Ordinance Committee Meetings held on February 11, 2019, and June 28, 2018. 107 North Kent StreetWinchester, Virginia 22601 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 SITE PLAN (SUBDIVISION) #23-18 LIBERTY CHASE 17 Lot Townhouse Subdivision Staff Report for the Board of Supervisors Prepared: April 16, 2019 Staff Contact: M. Tyler Klein, AICP, Senior Planner This report is prepared by the Frederick County Planning Staff to provide information to the Planning Commission and the Board of Supervisors to assist in the review of this application. It may also be useful to others interested in this zoning matter. Reviewed Action Planning Commission: 04/03/19 Information/Discussion Board of Supervisors: 04/24/19 Information/Discussion LOCATION: Double Church Road (Route 641) generally north of Fairfax Pike (Route 277). MAGISTERIAL DISTRICT: Opequon PROPERTY ID NUMBERS: 75-A-58 & 75-A-59 PROPERTY ZONING & PRESENT USE: RP (Residential Performance) Vacant ADJOINING PROPERTY ZONING & USE : North: RP (Residential Performance) Use: Residential (Townhomes) South: RP (Residential Performance) Use: Residential/Open Space/Double Church Road East: RP (Residential Performance) Use: Residential (Single-Family Home) West: RP (Residential Performance) Use: Residential (Single-Family Home) EXECUTIVE SUMMARY: This Application is for a subdivision design plan for seventeen (17) single-family attached (townhouse) units with a minimum lot size of 1,850+/- square feet planned to be constructed on - 1.97+/- acres of land zoned RP (Residential Performance) District. The proposed subdivision lots will be accessed from Double Church Road (Route 641) via a private internal road (Stella Court). This subject property is located within the limits of the Urban Development Area (UDA) and the Sewer Water Service Area (SWSA). The 2035 Frederick County Comprehensive Policy Plan also shows this property with a residential land use designation. The Applicant also previously received a waiver of the Master Development Plan (MDP) requirement on July 10, 2017 and has chosen to process a subdivision design plan (site plan) in lieu of the MDP. When processing a subdivision design plan in lieu of the MDP, the Application must be presented to the Planning Commission and the Board of Supervisors as an informational item. Following its presentation to the Planning Commission and the Board of Supervisors, Staff will proceed with approval of the plan. This Application is presented for information; no action is necessary. Page 2 Site Plan (Subdivision) #23-18, Liberty Chase 17 Lot Townhouse Subdivision April 16, 2019 SUBDIVISION SPECIFICS: Subdivision of 1.97+/- acres into seventeen (17) single-family (townhouse) lots with a minimum lot size of 1,840+/- square feet (SF). REVIEW AGENCY COMMENTS: Virginia Department of Transportation: See comment letter dated March 30, 2018. Frederick County Fire Marshall: Approved. See comment letter dated February 14, 2018. Building Inspections: See comment letter dated May 11, 2018. Frederick County Public Works: Upon review of the revised site plan dated February 15, 2019, we recommend approval of the subject plan. See comment letter dated March 8, 2019. Parks and Recreation: See comment letter dated April 10, 2018. GIS: Stella Court is approved for use in Liberty Chase Subdivision. See comment letter dated May 21, 2018. Frederick Water: See comment letter dated April 28, 2018. Frederick County Public Schools: See comment letter dated April 11, 2018. Planning & Development : The Subdivision Ordinance requires that land divisions in the RP (Residential Performance) Zoning District, without an approved Master Development Plan (MDP) be presented to the Planning Commission and Board of Supervisors (Chapter144-12E). The MDP requirement may be waived under Section 165-801.03A(5) of the Frederick County Zoning Ordinance if the Applicant chooses to process a design plan in lieu of MDP: An MDP may also be waived if the Applicant chooses to process a site plan in lieu of an MDP. The site plan must contain all information generally required on an MDP and a site plan. Once the site plan is in an administratively approvable form, the plan will be presented to the Planning Commission and the Board of Supervisors per §165-801.06. This Application is for a subdivision design plan for seventeen (17) single-family attached (townhouse) units to be constructed on 1.97+/- acres of land zoned RP (Residential Performance) District (or 8.62 dwelling units/acre). The proposed subdivision will be accessed from Double Church (Route 641) via a private internal road (Stella Court). This subject property is located within the limits of the Urban Development Area (UDA) and the Sewer Water Service Area Page 3 Site Plan (Subdivision) #23-18, Liberty Chase 17 Lot Townhouse Subdivision April 16, 2019 (SWSA). The 2035 Frederick County Comprehensive Policy Plan also shows this property with a residential land use designation. The Applicant also provides 25-foot wide right-of-way dedication for the future condition of Double Church Road (State Route 641) as a four-lane divided major collector roadway (as specified in the 2035 Comprehensive Plan), a 5-foot wide sidewalk for inter-parcel pedestrian connectivity, internal sidewalks and the required recreational amenities (to-be-determined at the time of construction) in the form of an outdoor pavilion, playground, tot lot, or equivalent. Further, the Applicant is providing the required buffering and screening from adjacent properties and roadways. The Applicant previously received a waiver of the Master Development Plan (MDP) requirement on July 10, 2017 and has chosen to process a subdivision design plan (site plan) in lieu of the MDP. When processing a subdivision design plan in lieu of the MDP, the Application must be presented to the Planning Commission and the Board of Supervisors as an informational item. Following its presentation to the Planning Commission and the Board of Supervisors, Staff will proceed with approval of the plan. STAFF CONCLUSIONS FOR THE 04/03/19 PLANNING COMMISSION MEETING: This proposed subdivision, Liberty Chase, meets the requirements of the Frederick County Zoning and Subdivision Ordinances and is in a form that it is administratively approvable. All of the issues brought forth by the Planning Commission should be appropriately addressed by the Applicant. This is being presented as an informational item and following its presentation to the Planning Commission and the Board of Supervisors, Staff will proceed with approval of the plan. This application is presented for information; no action is necessary. PLANNING COMMISSION SUMMARY FOR 04/03/18 MEETING: Staff provided a general overview of the proposed subdivision (Site Plan in lieu of a Master Development Plan (MDP)), noting it was for information purposes only. Staff explained further that the site plan was in general conformance with the requirements of the Frederick County Zoning and Subdivision Ordinances. Staff highlighted improvements including buffering and screening, a pedestrian connectivity, and recreational facilities including an outdoor pavilion and/or playground/to lot for residences. There was no discussion by the Planning Commission. STAFF CONCLUSIONS FOR THE 04/24/19 BOARD OF SUPERVISORS MEETING: This proposed subdivision, Liberty Chase, generally meets the requirements of the Frederick County Zoning and Subdivision Ordinances and is in a form that it is administratively approvable. All of the issues brought forth by the Planning Commission should be appropriately addressed by the Applicant. This is being presented as an informational item and following its presentation to the Planning Commission and to the Board of Supervisors, Staff will proceed with approval of the plan. This application is presented for information; no action is necessary. 607239218 CARROLL DR BRUNSWICK RD 235 BRUNSWICK RD SP # 23 - 18: Liberty Chase CARROLL DR BRUNSWICK RD 237 105 216 BRUNSWICK RD CHESTERFIELD BRUNSWICK RD 233 611 CIR PINs: 75 - A - 58, 75 - A - 59 BRUNSWICK RD CARROLL DR 122 214 613 BRUNSWICK RD BRUNSWICK RD 17 Lot Townhouse Subdivision CARROLL DR 124 231 208 BRUNSWICK RD 212 BRUNSWICK RD Zoning Map BRUNSWICK RD 126 BRUNSWICK RD 400 BRUNSWICK RD 229 210 CARROLL DR 204 BRUNSWICK RD BRUNSWICK RD 402 BRUNSWICK RD CARROLL DR206 223 130 BRUNSWICK RD BRUNSWICK RD 202 BRUNSWICK RD 406 225 BRUNSWICK RD 132 CARROLL DR BRUNSWICK RD 221 BRUNSWICK RD 200 BRUNSWICK RD 506 BRUNSWICK RD CARROLL DR 502217 CARROLL DR219BRUNSWICK RD BRUNSWICK RD138 504 215 BRUNSWICK RD CARROLL DR 134 BRUNSWICK RD BRUNSWICK RD 140 213 BRUNSWICK RD BRUNSWICK RD 500 136 CARROLL DR BRUNSWICK RD 211 BRUNSWICK RD 207 301 BRUNSWICK RD 209 DOUBLE BRUNSWICK RD CHURCH RD 203 BRUNSWICK RD 205 SP #23-18 BRUNSWICK RD 201 BRUNSWICK RD 100 75 A 58 WARREN CIR 102 WARREN CIR SP #23-18 104 WARREN CIR 75 A 59 106 WARREN CIR 108 WARREN CIR 110 WARREN CIR 112 WARREN CIR 901 AYLOR RD 118 WARREN CIR 116 WARREN CIR 120 329 123 WARREN CIR DOUBLE HARMON PL CHURCH RD 122 322 WARREN CIR DOUBLE 124 CHURCH RD WARREN CIR 126 WARREN CIR 128 WARREN CIR 130 332 WARREN CIR 125 112 DOUBLE HARMON PL ANTHEM CT § ¨¦ CHURCH RD 81 108 ANTHEM CT 110 342 375 ANTHEM CT 106 DOUBLE DOUBLE ANTHEM CT CHURCH RD CHURCH RD 102 ANTHEM CT 334 104 126 DOUBLE ANTHEM CT 100 HARMON PL CHURCH RD ANTHEM CT Application µ Parcels Sewer and Water Service Area RP (Residential Performance District) Frederick County Planning & Development 107 N Kent St Winchester, VA 22601 540 - 665 - 5651 062.5125250Feet Map Created: March 19, 2019 607239218 CARROLL DR BRUNSWICK RD 235 BRUNSWICK RD SP # 23 - 18: Liberty Chase CARROLL DR BRUNSWICK RD 237 105 216 BRUNSWICK RD CHESTERFIELD BRUNSWICK RD 233 611 CIR PINs: 75 - A - 58, 75 - A - 59 BRUNSWICK RD CARROLL DR 122 214 613 BRUNSWICK RD BRUNSWICK RD 17 Lot Townhouse Subdivision CARROLL DR 124 231 208 BRUNSWICK RD 212 BRUNSWICK RD Location Map BRUNSWICK RD 126 BRUNSWICK RD 400 BRUNSWICK RD 229 210 CARROLL DR 204 BRUNSWICK RD BRUNSWICK RD 402 BRUNSWICK RD CARROLL DR206 223 130 BRUNSWICK RD BRUNSWICK RD 202 BRUNSWICK RD 406 225 BRUNSWICK RD 132 CARROLL DR BRUNSWICK RD 221 BRUNSWICK RD 200 BRUNSWICK RD 506 BRUNSWICK RD CARROLL DR 502217 CARROLL DR219BRUNSWICK RD BRUNSWICK RD138 504 215 BRUNSWICK RD CARROLL DR 134 BRUNSWICK RD BRUNSWICK RD 140 213 BRUNSWICK RD BRUNSWICK RD 500 136 CARROLL DR BRUNSWICK RD 211 BRUNSWICK RD 207 301 BRUNSWICK RD 209 DOUBLE BRUNSWICK RD CHURCH RD 203 BRUNSWICK RD 205 SP #23-18 BRUNSWICK RD 201 BRUNSWICK RD 100 75 A 58 WARREN CIR 102 WARREN CIR SP #23-18 104 WARREN CIR 75 A 59 106 WARREN CIR 108 WARREN CIR 110 WARREN CIR 112 WARREN CIR 901 AYLOR RD 118 WARREN CIR 116 WARREN CIR 120 329 123 WARREN CIR DOUBLE HARMON PL CHURCH RD 122 322 WARREN CIR DOUBLE 124 CHURCH RD WARREN CIR 126 WARREN CIR 128 WARREN CIR 130 332 WARREN CIR 125 112 DOUBLE HARMON PL ANTHEM CT § ¨¦ CHURCH RD 81 108 ANTHEM CT 110 342 375 ANTHEM CT 106 DOUBLE DOUBLE ANTHEM CT CHURCH RD CHURCH RD 102 ANTHEM CT 334 104 126 DOUBLE ANTHEM CT 100 HARMON PL CHURCH RD ANTHEM CT µ Application Parcels Sewer and Water Service Area Frederick County Planning & Development 107 N Kent St Winchester, VA 22601 540 - 665 - 5651 062.5125250Feet Map Created: March 19, 2019