March 27 2019 Regular Meeting MinutesMINUTES
REGULAR MEETING
FREDERICK COUNTY BOARD OF SUPERVISORS
WEDNESDAY, MARCH 27, 2019
7:00 P.M.
BOARD ROOM, COUNTY ADMINISTRATION BUILDING
107 NORTH KENT STREET, WINCHESTER, VIRGINIA
ATTENDEES
Board of Supervisors: Charles S. DeHaven, Jr., Chairman; Gary A. Lofton, Vice Chairman;
Blaine P. Dunn; J. Douglas McCarthy; Judith McCann -Slaughter; Shannon G. Trout and Robed W.
Wells were present.
Staff present: Kris C. Tierney, County Administrator; Jay E. Tibbs, Deputy County
Administrator; Roderick B. Williams, County Attorney; Cheryl ShifBer, Director of Finance; C.
William Orndoff, Jr., Treasurer; Finance Director; Jennifer Place, Budget Analyst; Karen Vacchio,
Public information Officer; Mike Marciano, Human Resources Director; Scott Varner, Director of
Information Technologies; Dennis Linaburg, Fire and Rescue Chief; and Ann W. Phillips, Deputy
Clerk to the Board of Supervisors.
C�_LLTP ORME
Chairman DeHaven called the meeting to order at 7:00 p.m.
INY09 TION
Pastor Ross Halbersma of New Hope Alliance Church delivered the invocation.
PLEDGE OF ALLEOI_ANC
Vice Chairman Lofton led the Pledge of Allegiance.
ADOPTION OF AGENDA - APPROVED
Upon motion of Vice Chairman Lofton, seconded by Supervisor McCarthy, the agenda
was adopted on a voice vote.
CITIZENS COMMENTS - None
ADOPTION OF AMENDED CONSENT AGENDA -- APPROVED
Upon motion of Supervisor Dunn, seconded by Supervisor Slaughter, the Resolution
Proclaiming Census Day was removed from the consent agenda on a voice vote.
Upon motion of Supervisor Dunn, seconded by Vice Chairman Lofton, the amended
consent agenda was adopted on a roll call vote as follows:
Blaine P. Dunn Aye Shannon G. Trout Aye
Gary A. Lofton Aye Robert W. Wells Aye
J. Douglas McCarthy Aye Charles S. DeHaven, Jr. Aye
Judith) McCani-Slaughter Aye
- Minutes: Budget Work Session of March 6 2019 - CONSENT AGENDA APPROVAL
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County of Frederick, Virginia
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-Minutes: Budget Work: Session of March 13, 2019— CONSENT AGENDA APPROVAL
- Minutes: Regular Meeting of March 13 2019 - CONSENT AGENDAAPPROVAL
Finance Committee Report of 3120119 - CONSENT AGENDA APPROVAL, Appendix 1
- Parks & Recreation Commission Report of 3112119 - CONSENT AGENDA APPROVAL, Appendix 2
-Public Safety Committee Report of 3/14I19 -CONSENT AGENDA APPROVAL, Appendix 3
- Request from the Commissioner of the Revenue for Refund and Corresponding
Supplemental Appropriation for Randy M Manning LLC - $5,311.26 and Stanley
Steemer Carpet Cleaner - $4,222.62— CONSENT AGENDA APPROVAL
-Closing of County Offices for Annual Apple Blossom Festival - CONSENT AGENDA APPROVAL
-- Resolution Proclaiming National Telecommunicator's Week - CONSENT AGENDA APPROVAL
PROCLAMATION
NATIONAL TELECOMMUNICATOR'S WEEK
WHEREAS, emergencies can occur at any time that require police, fire or emergency medical services;
and
WHEREAS, when an emergency occurs, the prompt response of police officers, firefighters and
paramedics is critical to the protection of life and preservation of pr-operty; and
WHEREAS, the safety of ourpolice officers and firefighters is dependent upon the quality and accuracy of
inforanation obtained from citizens who telephone the Frederick County Department of Public Safety
Conuminications Center; and
WHEREAS, Public Safety Dispatchers are the first and most critical contact our citizens have with
enasrgency services; and
WHEREAS, Public Safety Dispatchers are the single vital link for our police officers and firefighters by
monitoring their activities by radio, providing them information and ensuring their safety; and
WHEREAS, Public Safety Dispatchers of Frederick County, Virginia have contributed substantially to the
apprehension of criminals, suppression of fires and treatment of patients; and
WHEREAS, each dispatcher has exhibited compassion, understanding and professionalism during the
performance of their job in the past year.
NOW THEREFORE BE IT RESOLVED, that the Board of Supervisors of Frederick County, Virginia does
hereby proclaim the week of April 14-20, 2019 to be National Telecommunicator's Week in Frederick
County, in honor of the men and women whose diligence and professionalism keep our county and citizens
safe,
RESOLUTION PROCLAIMING CENSUS DAY - ADOPTED
Supervisor Dunn moved that wording in the proposed Census Awareness Day resolution
be changed from "...a count of all the people" to ",.,a count of all the citizens." Supervisor Wells
seconded the motion. Supervisor McCarthy noted that the Census is mandated and defined by
the Constitution and the Board should not change the description of the Census in the proposed
resolution. The motion to change the wording failed on a roll call vote as follows:
Blaine P. Dunn Aye Shannon G. Trout No
Gary A. Lofton Aye Robert W. Wells Aye
J. Douglas McCarthy No Charles S. DeHaven, Jr. No
Judith McCann -Slaughter No
Supervisor Trout moved for approval of the originally proposed resolution proclaiming
Census Awareness Day. Supervisor McCarthy seconded the motion which carried on voice vote.
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Census Awareness Day
WHEREAS, every ten years, Article 1, Section 2 of the United States Constitution mandates a count of
all the people living in the United States and its territories; and
WHEREAS, the 2020 Census will address every household in the nation with a simple questionnaire with
the goal of counting everyone once, only once, and in the right place; and
WHEREAS, data obtained by the survey will be used to help determine how approximately $675 billion
will be distributed from the federal government to state, local, and tribal governments annually; and
WHEREAS, up to $2,000 of federal funding will be lost for each person not counted; as well as upwards
of $20,000 of federal funding lost every ten years; and
WHEREAS, a complete count requires that we bring together leaders from all communities of the
Commonwealth, so that every Virginian regardless of racial, social, or economic background is counted;
and
WHEREAS, Governor Ralph S. Northam has established the Virginia Complete Count Commission,
whicb is comprised of 40 members to collaborate with community partners and local Complete Count
Committees to ensure an accurate 2020 Census count;
NOW, 'THEREFORE, BE IT RESOLVED THAT the County of Frederick hereby proclaims April 1 st,
2019, as Census Awareness Day.
+++f++++++++++
BOARD OF SUPERVISORS COMMENTS
Supervisor Wells announced the upcoming Solid Waste Forum scheduled for April 2,
2019.
COUNTY OFFICIALS:
COMMITTEE APPOINTMENTS - None
COMMITTEE BUSINESS;
FINANCE COMMITTEE
Supervisor Slaughter moved for approval of the Sheriffs request for a General Fund
supplemental appropriation in the amount of $17,818.14 representing (2) auto claims to be used
toward a replacement vehicle and vehicle maintenance. Vice Chairman Lofton seconded the
motion which carried on a roll call vote as follows:
Blaine P. Dunn Aye Shannon G. Trout Aye
Gary A. Lofton Aye Robert W. Wells Aye
J. Douglas McCarthy Aye Charles S. DeHaven, Jr. Aye
Judith McCann -Slaughter Aye
Supervisor Slaughter moved that the Board set a public hearing regarding 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). Supervisor McCarthy seconded the motion
which carried on a roll call vote as follows:
Blaine P. Dunn Aye Shannon G. Trout Aye
Gary A. Lofton Aye Robert W. Wells Aye
J. Douglas McCarthy Aye Charles S. DeHaven, Jr. Aye
Judith McCann -Slaughter Aye
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++++++++++++++
PUBLIC HEARINGS (NON -PLANNING ISSUES) —
A.
Mr. Tierney said the old Frederick County Middle School had been returned to the County
as surplus in December 2017 and was subsequently put out for bid with one bid being received
and rejected. He continued saying the property was listed with a realtor in October 2018, and now
multiple offers have been received. He requested that the Board authorize staff to field the offers
and return the best off to the Board for consideration following the public hearing.
Chairman DeHaven opened the public hearing.
There were no speakers.
Chairman DeHaven closed the public hearing.
Supervisor Wells moved that the Board authorize staff to study the offers and return the
best offer to the Board for consideration. Supervisor Slaughter seconded the motion.
Supervisor Trout suggested that the Board should consider retaining the property for
possible use by the Parks and Recreation Commission for an aquatic center.
The motion carried on a voice vote.
B. FISCAL YEAR 2019.2020 BUDGET
The Board of Supervisors of Frederick County invites comments on the
Proposed Budget for the fiscal year ending June 30, 2020.
Mr. Tierney presented the FY 2019-2020 budget proposal.
Chairman DeHaven opened the public hearing.
The speakers were as follows:
Kitty Hockman-Nicholas of the Lord Fairfax Soil & Water Conservation District discussed
water conservation and requested an additional $4000.00 be allocated to the District.
Marietta Cather-Walls of the Lord Fairfax Soil & Water Conservation District noted the
importance of conserving water in our area and reiterated the request for an increase of $4000.00
in funds allocated to the District.
Michael Elwell of Northwestern Community Services said the organization is a public non-
profit that tries to meet all needs. He announced new programs including a permanent housing
program and an innovative receiving program at Winchester Medical Center.
Faith Power, Executive Director of the Laurel Center, said the Center serves victims of
domestic violence and thanked the Board for the financial support given in the past. She said the
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Center served over 200 County residents last year, has served 89 so far this quarter, and that the
cost to house each client is $72.00 per day.
Lauren Cummings of the Northern Shenandoah Valley Substance Abuse Coalition thanked
the Board for its financial support. She highlighted some of the Coalition's programs including the
Drug Court,
Deborah Laboy, Opequon District, said she is a Frederick County School Bus Driver and
thanked the Board for funding 30 new buses last year. She said there are still 28 buses needing
replacement and praised the maintenance staff who keep the fleet running.
Amada Feaster, Shawnee District, said she is a teacher at James Wood High School and
noted her building needs upgrades. She said she sees a trend of the Board welcoming new
businesses but not supporting the development with additional public safety and education
spending. She said the Board needs to start addressing the salary gap to avoid losing teachers to
Loudoun County.
Kerry Mueller, Red Bud District, thanked Supervisor Slaughter for her suggestions for
funneling more money to school needs. She referenced the Core Values adopted by the Board of
Supervisors in 2009. She said the current proposed budget does not align with the Core Values
adding that requiring categorical funding of the schools would shortchange the students.
Joseph Neidrick, Red Bud District, said the County is growing but the budget decision -
makers are not, He said the County had the highest growth rate in Virginia in 2017, has added
30,000 people in 18 years, and all of this requires more schools and more resources. He said that
current real estate tax rate is not enough and that raising the rate would not injure those on a fixed
income.
Serena Omps, Stonewall District, said she is a County native and teacher at Millbrook High
School. She said adding 15 minutes to her commute would mean a salary increase of $25,000 per
year. She said a slight tax increase will help the school system, and an increase of six or seven
cents would allow the County the flexibility to plan to address many issues, including school related
issues.
Dawn Spitzer, Gainesboro District, compared her earlier teaching experience in
Washington County, Maryland, to her currentjob as an eleventh grade English teacher at Millbrook
High School. She said the current number of students on her roster is unmanageable and
overwhelming and that additional teachers are needed. She said the schools' requested funding
is critically needed to address over -crowding and class -size issues.
Jeri Swogger, Gainesboro District, highlighted the number of available building lots in the
County noting that currently, about 700 residential building permits are requested each year. She
said the growth means more people who require more services. She sald the Board cannot
celebrate economic and business growth without providing for the services and school funding
increases that are demanded because of that economic growth. She concluded saying It Is
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maddening for the schools to have unnecessary budget constraints during a time of economic
prosperity.
Jennifer Muldowney, Red Bud District, said as principal of Greenwood Mill Elementary
School she wished to thank the Sheriffs office for adding two School Resource Officers and she
hopes additional Officers will be funded. She said the schools repeatedly face budget cuts for
needs and are losing veteran teachers.
Shaniqua Williams, Shawnee District, said she is president of the Frederick County
Education Association. She referenced the Superintendent's budget request and asked the Board
to fund the currently proposed County budget including Supervisor Slaughter's proposal which will
help the schools address critical needs,
John Lamanna, Stonewall District resident and Chairman of the School Board, thanked the
Board for recent dialog on the budget, He thanked Supervisor Slaughter for her work on the budget
proposal and asked the Board to support it, He noted that the current proposal does not fund
school salary increases at a rate comparable to those of non -school County employees. He noted
his concern that the Board may require categorical funding saying the Board currently receives a
quarterly financial report, and that further oversight of a separate elected board is not necessary.
He called for continued collaboration to meet the increasing needs of the school system.
John Wright, Red Bud District resident and president of the Frederick County Firefighters'
Association, spoke in favor of the current budget proposal. He noted the cuts in the number of
requested professional firefighter positions and said the Board must commit to a strategic plan to
phase in the recommendations of the recently completed fire and rescue study to address
continued safety needs in the community. He acknowledged the school officials in attendance and
asked the Board to work to maintain the high level of education in the County.
Terry Martin, Opequon District, said he retired from the military and became a teacher, He
referenced a story about being sent to war without being prepared and compared it to asking the
schools to do their job without preparing them, He said Aylor Middle School is currently four staff
members short, and when the new Aylor building is opened, an addition will already be needed to
handle the student enrollment. He asked the Board to fully fund the Superintendent's request.
Laura Jarrell, Opequon District, said she was speaking for the 25% of the County's
population under the age of 18. She said she has grave concerns about how the Board funds the
schools adding that school budget requests are not arbitrary since they address critical needs. She
said Board decisions aimed at saving money will end up costing more citing the new Aylor Middle
School building which she said will likely be overcrowded before it opens.
Brian Nud, Opequon District, noted a 20-year-old Washington Post article on growth that
stated that Washington D.C. was coming to Frederick County. He said there are 2000 housing units
already platted in the Stephens City area and that higher taxes are needed to pay for the required
services. He asked the Board to think about he future and address the needs that should have
been planned for 20 years ago.
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Kristen Koontz, Red Bud District, said she is a teacher in Loudoun County. She said spoke
for all the children and asked the Board to at least keep the tax rate where It is rather than lower it.
Dr. David Sovine, Superintendent of Frederick County Public Schools and Shawnee
District resident, thanked those who spoke in favor of more funding for the schools. He thanked
Supervisor McCann -Slaughter for her proposal for additional school funding saying it is an
incremental step In providing sufficient funding, and he asked the Board to support the proposal.
He said wise and forward -thinking communities invest in their youth, and he respectfully requested
the Board to invest in the schools.
Chairman DeHaven closed the public hearing.
PLANNING COMMISSION BUSINESS - None
BOARD LIAISON REPORTS — None
CITIZEN COMMENTS — None
BOARD OF SUPERVISORS COMMENTS
Supervisor Wells reminded everyone about the upcoming Solid Waste Forum scheduled
for April 2, 2019. He thanked the attendees and speakers for participating in the meeting.
Supervisor Dunn thanked the meeting attendees. He noted the recent County growth and
said there needs to be a change in how money is raised, adding that taxes have been increased
recently. He discussed impact fees and proffer law revision,
Supervisor Trout said there had been 21 individuals speaking in favor of a tax increase to
fund schools. She referenced tax rates in surrounding localities. She said it is not too late to False
the tax rate this year and asked the Board to consider raising the rate this year. Supervisor Trout
said the budget process does not allow for citizen input early in the budget preparation and she
would like to see the process revised.
Chairman DeHaven thanked all those in attendance for coming to the meeting.
ADJOURN
On motion of Vice Chairman Lofton, seconded by Supervisor McCarthy, the meeting was
adjourned at 8:43 p.m.
Charles S. DeHaven, Jr.
Chairman, Board of Supervisors
K is C. i y
Clerk, Board of Supervisors
Minutes Prepared By:
Ann W. Phillips
Deputy Clerk, Board of Supervisors
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Board of Supervisors Minutes of March 27, 2019 - Appendix 1
FINANCE COMMITTEE & AUDIT COMMITTEE REPORT to the BOARD OF SUPERVISORS
Wednesday, March 20, 20i)
8:00 a.m.
107 NORTH KENT STREET, WINCHESTER, VIRGINIA
A Finance Committee meeting was held in the First Floor Conference Room at 107 North Kent Street on
Wednesday, March 20, 2019 at 8:00 a.m.
ATTENDEES:
Committee Members Present: Judith McCann -Slaughter, Chairman; Charles DeHaven; Gary
Lofton; Jeffrey Boppe; and Angela Rudolph.
Committee Members Absent: William Orndoff, Treasurer and Ellen Murphy, Commissioner of
the Revenue (non -voting liaisons).
Staff present: Cheryl Sniffler, Finance Director; Sharon Kibler, Assistant Finance Director; Kris
Tierney, County Administrator; Rod Williams, County Attorney; and Lenny Millholland, Sheriff.
Others present: David Foley, Robinson, Farmer, Cox Associates
ITEMS REQUIRING ACTION BY BOARD OF SUPERVISORS:
1. The Sheriff requests a General Fund supplemental appropriation in the amount of �17,818.14.
This amount represents (2) auto claims to be used toward a replacement vehicle and vehicle
maintenance. No local funds required. See attached memo, p. 3 — S. The committee
recommends approval.
2. Amendment to Frederick County Code, Chapter 155 (Taxation), to add an Article III -A
(Exemption for Surviving Spouses of Certain Persons Killed in the Line of Duty). This item has
been approved and forwarded from the Code & Ordinance Committee. A public hearing would
be required. See attached, p. 6— 26. The committee recommends scheduling a public hearing.
NO ACTION REQUIRED:
AUDIT COMMITTEE:
1. David Foley from Robinson, Farmer, Cox Associates will present the FY 2018 Comprehensive
Annual Financial Report (CAER) and be available for discussion of the upcoming FY 2019 audit.
The FY 2018 CAER is available in dropbox or online at: www.fcva.us/CAFR. See attached
memo, p. 27-28. The committee accepted the report and authorized the Finance Committee
Chairman to sign the engagement letter for the FY 2019 audit.
INFORMATION ONLY:
1. The Finance Director provides a Fund 10 Transfer Report for February 2019. See attached,
P. 29.
2. The Finance Director provides financial statements ending February 28, 2019. See attached,
p. 30 — 40.
3. The Finance Director provides an FY 2019 Fund Balance Report ending March 15, 2019. See
attached, p. 41.
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Respectfully submitted,
FINANCE COMM17TEE
Judith McCann -Slaughter, Chairman
Charles DeHaven
Gary Lofton
Jeffrey Boppe
Angela Rudolph
Cheryl B. Shiffler, Finance Director
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Board of Supervisors Minutes of March 27, 2019 - Appendix 2
PARKS AND RECREATION COMMISSION REPORT to the BOARD OF SUPERVISORS
To: Jay Tibbs, Deputy County Administrator for Human Services
From: Jason L. Robertson, Director, Parks & Recreation Dept.
Date: March 12, 2019
Subject: Parks and Recreation Commission Action
The Parks and Recreation Commission met on March 12, 2019. Members present were: Randy
Garter, Christopher Fordney, Gary Longerbeam, Amy 5trosnider, Charles Sandy, Jr., Natalie
Gerometta, Ronald Madagan, and Robert Wells (Board of Supervisors' Non -Voting Liaison).
Members absent: Guss Morrison
ITEMS REQUIRING ACTION BY BOARD OF SUPERVISORS:
None
ITEMS SUBMITTED FOR INFORMATION ONLY
1. The Commission approved the rental of the newly shaded former Tot Pool areas of
Sherando and Clearbrook Pools at a rental rate of $50/day which includes 10 pool
admissions.
2. The Commission approved the rental fee of $10/hour per court (minimum rental of
two hours) for the new sand volleyball courts being constructed at Clearbrook Park.
3. The Commission approved the department participating in the National Wildlife
Federations Great American Campout on June 21, 2019 to be held at Sherando Park to
introduce camping to the community.
Cc: Charles R. Sandy, Chairman
Robert Wells, Board of Supervisors' Non -Voting Liaison
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Board of Supervisors Minutes of March 27, 2019 - Appendix 3
PUBLIC SAFETY COMMITTEE REPORT to the BOARD OF SUPERVISORS
Thursday March 14, 2019
8:30 a.m,
1080 COVERSTONE DRIVE, WINCHESTER, VIRGINIA
ATTENDEES:
Committee Members Present: Chairman Bob Wells, Walt Cunningham, Judy
McCann -Slaughter, Helen Lake and Blain Dunn. Citizen member Chuck Torpy was not
present.
Staff present: Deputy Chief Larry Oliver, Deputy County Administrator Jay
Tibbs, Deputy Chief/Fire Marshal Jay Bauserman, Major Steve Hawkins, Fire Chief
Denny Linaburg, County Attorney Rod Williams and Fire Marshal Kenny Scott.
ITEMS REQUIRING ACTION BY BOARD OF SUPERVISORS:
1. None
ITEMS FOR INFORMATION ONLY:
1. Follow-up discussion of proposed expansion to the Fire Prevention Code fee
schedule (see attached):
Chairman Wells started the meeting by stating this was a procedural meeting to
discuss the potential continuation of the Fire Marsal inspection fee schedule that
Deputy Chief Bauserman and Fire Marshal Kenny Scott presented at the Public
Safety Committee on February 21, 2019.
Mr. Walt Cunningham stated that the fee schedule would bring in much needed
revenue to Frederick County and that it should move forward to the Public Works
Committee for further discussion.
Mr. Blaine Dunn disagreed with forwarding this proposal to the Public Works
Committee. He stated the proposed program was too broad in scope and wanted to
see a more refined fee schedule.
Ms. Judy Slaughter stated she would like the inspections to stay as a community
service. She expressed her preference for a phased approach that also looked at risk
reduction. She believed the current fee schedule would have a big impact on small
business owners.
Ms, Helen Lake stated that the proposed fee schedule should be moved to the Public
Works Committee where it could get more refined in structure and then to be
brought back to a future Public Safety Committee meeting.
Mr. Cunningham moved to forward the proposed fee schedule to the Public Works
Committee for more review and refinement and then have the revised schedule
returned to the Public Safety Committee for review. The motion was seconded by
Ms. Lake and passed on a 3 to 2 vote.
Respectfully submitted,
Public Safety Committee
Bob Wells Blaine Dunn Chuck Torpy
Judy McCann -Slaughter Helen Lake Walt Cunningham
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