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July 10 2019 Board_Agenda_PacketAGENDA REGULAR MEETING BOARD OF SUPERVISORS WEDNESDAY, JULY 10, 2019 7:00 PM BOARD MEETING ROOM 107 NORTH KENT STREET, WINCHESTER, VIRGINIA 22601 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 not the subject of a Public Hearing 6. Consent Agenda 6.A. Minutes of Board of Supervisors Meetings: June 12, 2019 - Closed Session June 12, 2019 - Work Session June 12, 2019 - Regular Meeting Minutes of June 12, 2019 Closed Session.pdf Minutes of June 12, 2019 Work Session.pdf Minutes of June 12, 2019 Regular Meeting.pdf 6.B. Human Resources Committee Report of 6-17-19 HR Committee Report - June 17 2019.pdf 6.C. Parks & Recreation Commission Report of 6-11-19 Parks & Rec Commission Report - June 2019.pdf 6.D. Public Works Committee Report of 6-25-19 1 MEETING AGENDA Frederick County Board of Supervisors WEDNESDAY, JULY 10, 2019 Public Works 06-25-19 COMMITTEE REPORT.pdf 6.E. Transportation Committee Report of 6-24-19 BOS 07-10-19 TC 06-24-19 Meeting Report.pdf 6.F. Employee of the Month Resolution for Greg Lambert Emp of the Month 2019.05 Resolution Lambert Greg.pdf PAGE 2 6.G. Road Resolution -Adding Dawson Drive to the Secondary Road System BOS 07-10-19 Dawson Industrial Park - Dawson Drive Road Resolution.pdf 6.H. Resolution to Comment on the Smart Scale Program Implementation BOS 07-10-19 Memo & Resolution on SmartScale.pdf 7. Board of Supervisors Comments 8. County Officials 8.A. Presentation and Recognition of Employee of the Month Award to Greg Lambert 8.B. Committee Appointments 1. Shawneeland Sanitary District Advisory Committee 2-year term of Lynn Schm itt ends 7/13/19 (Eligible for reappointment) 2. Frederick -Winchester Service Authority 3-year term of Ned M. Cleland, PhD., P.E., ends 8/31/19 (Eligible for reappointment) CommitteeAppts(07102019).pdf B.C. Frederick/Warren County Line — Property Issue This is a request for the Board of Supervisors to consider a boundary adjustment to the Warren/Frederick County lines in the Foster Hollow Road area. By viay of background, this apparent boundary dispute came 2 MEETING AGENDA PAGE 3 Frederick County Board of Supervisors WEDNESDAY, JULY 10, 2019 up via the Virginia Department of Elections relative to voting precinct lines around the State. The Department vianted to ensure correct voting district classifications vuth the area in question affecting the Congressional districts because Warren County is in the 6th District and Frederick County is in the 10th. Memo_BOS_re_Frederick-Warren_Line_Property_updated_062619.pdf 8.D. Resolution Approving the Issuance of Debt by the Winchester Regional Airport Authority 2019 07 02 WRAA- BOS Resolution Memo.pdf 8.E. Reauest from the School Board Seekina a SuaDlemental ADDroariation for the Replacement R. E. Avlor Middle School in the amount of $3,200,000 Memo & info on School Board request for Supplemental Appropriation. pdf B.F. Request from Parks & Recreation Commission for Recreation Trails Program (RTP) Grant Application and Supplemental Appropriation for the Bowman Library Lake Trail Parks & Recreation Commission Request for RTC Grant Application & Supplemental Appropriation.pdf 9. Committee Business 9.A. Human Resources Committee - 1. The Old Dominion Court Services (ODCS), supervised by Northwestern Regional Adult Detention Center (NRADC) requested to add a Case Officer, range 4 to the Salary Administration Plan (Exhibit A). The committee recommends approval. 2. The Human Resources Department presented recommended changes to Frederick County Human Resources policy regarding Administrative Leave & Unsafe Conditions Policies (Exhibit B). The committee recommends approval. 3. The Human Resources Department presented recommended changes to Frederick County Human Resources policy regarding Anti -Discrimination and Anti -Harassment (Exhibit C). The committee recommends approval. Note. Staff has proposed modified policy 3 language regarding reporting options. See Memo included in the MEETING AGENDA Frederick County Board of Supervisors WEDNESDAY, JULY 10, 2019 Committee Report. HR Committee Report - June 17 2019.pdf 10. Public Hearings (Non Planning Issues) PAGE 4 10.A. Outdoor Festival Permit Request of Robert Bauserman — Fab Jam Festival. 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 Saturday, September 28, 2019, from 9.00 A.M.to 5.00 P.M., on the Grounds of 2508 North Frederick Pike, Winchester, Virginia, Gainesboro Magisterial District. Property Owned by Diane and Arthur Kerns. BausermanRobert(FabJam) Outdoor Festiva IPerm itApplication(2019).pdf 10.13. Outdoor Festival Permit Request of Concern Hotline — 20th Annual Friday Fish Fry. 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 Friday, September 6, 2019, from 4.00 P.M. to 9.00 P.M.; on the Grounds of Grove's Winchester Harley-Davidson, 140 Independence Drive, Winchester, Virginia, Shawnee Magisterial District. Property Owned by Jobalie, LLC. Concern Hotline0utdoorFestiva IPerm itApplication(2019).pdf 10.C. The Board of Supervisors will Conduct a Public Hearing, Pursuant to Virginia Code Section 15.2-1800, Regarding the Conveyance, by Quitclaim Deed, of any Interest Held by the County in Real Property Identified as Tax Parcel Number 49A04-1-K-19, in the Back Creek Magisterial District, to Jennifer Larrick. Memo & info on Quitclaim Deed- Tax Map Parcel 49A04-1-K-19.pdf 11. Planning Commission Business - Public Hearings 11.A. Conditional Use Permit #03-19 for Arthur Nelson Sisk, Submitted for a 4 MEETING AGENDA PAGE 5 Frederick County Board of Supervisors WEDNESDAY, JULY 10, 2019 Landscape Contracting Business. The Property is Located at 154 Gainesboro Road, Winchester, Virginia and is Identified with Property Identification Number 29-A-73C in the Gainesboro Magisterial District. BOS 07-10-19 CUP 03-19 Sisk Landscape Contracting Business.pdf 12. Planning Commission Business - Other Planning Business 13. Board Liaison Reports 14. Citizen Comments 15. Board of Supervisors Comments 16. Adjourn Item #6.A Board of Supervisors Agenda Item Detail Meeting Date: July 10, 2019 Agenda Section: Consent Agenda Submitted by: Administration Item Type: Minutes Item Title: Minutes of Board of Supervisors Meetings: June 12, 2019 - Closed Session June 12, 2019 - Work Session June 12, 2019 - Regular Meeting Attachments: Minutes of June 12, 2019 Closed Session.pdf Minutes of June 12, 2019 Work Session.pdf Minutes of June 12, 2019 Regular Meeting.pdf 0 MINUTES CLOSED SESSION FREDERICK COUNTY BOARD OF SUPERVISORS WEDNESDAY, JUNE 12, 2019 4:30 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; Judith McCann -Slaughter; and Robert W. Wells were present. Shannon G. Trout and J. Douglas McCarthy were absent. Staff present: Kris C. Tierney, County Administrator; Roderick B. Williams, County Attorney; and Ann W. Phillips, Deputy Clerk to the Board of Supervisors. CALL TO ORDER Chairman DeHaven called the meeting to order at 4:30 p.m. CLOSED SESSION At 4:31 p.m., Vice Chairman Lofton moved that the Board of Supervisors convene in closed session pursuant to Virginia Code § 2.2-3711(A)(1) for personnel matters, specifically the annual evaluation of the county attorney and the county administrator and § 2.2-3711 (A)(3) for discussion or consideration of the acquisition and disposition of real property for a public purpose where discussion in an open meeting would adversely affect the bargaining position or negotiating strategy of the public body. Supervisor Dunn seconded the motion which carried on a voice vote. At 5:35 p.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 Dunn. Vice Chairman Lofton moved that the Board of Supervisors of Frederick County certify that, to the best of each member's knowledge, (i) only public business matters lawfully exempted from open meeting requirements by Virginia law were discussed in the closed meeting 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 Dunn seconded the motion which carried as follows on a roll call vote: Blaine P. Dunn Aye Shannon G. Trout Absent Gary A. Lofton Aye Robert W. Wells Aye J. Douglas McCarthy Absent Charles S. DeHaven, Jr. Aye Judith McCann -Slaughter Aye ADJOURN Chairman Dehaven adjourned the meeting at 5:37 p.m. Frederick County Board of Supervisors Closed Session Minutes *June 12, 2019 MINUTES FREDERICK COUNTY BOARD OF SUPERVISORS WORK SESSION WEDNESDAY, JUNE 12, 2019 5:30 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; Judy McCann -Slaughter and Robert W. Wells were present. J. Douglas McCarthy and Shannon G. Trout were absent. Staff Present: Kris C. Tierney, County Administrator; Roderick B. Williams, County Attorney; LeeAnna Pyles, Director of Public Safety; Lenny Millholland, Sheriff; Denny Linaburg, Fire and Rescue Chief; Scott Varner, Director of Information Technology; Karen Vacchio, Public Information Officer; Andrew Farrar, Program Coordinator, Information Technologies; and Ann W. Phillips, Deputy Clerk to the Board of Supervisors. CALL TO ORDER Chairman DeHaven called the meeting to order at 5:40 p.m. PRESENTATION BY MISSION CRITICAL PARTNERS Mike Milas, Client Manager at Mission Critical Partners, gave a PowerPoint presentation on the recently completed public safety radio system technical assessment. After outlining the current system's deficiencies and limitations, he reviewed Key Considerations and Best Options as follows: A trunked simulcast system and more sites are needed to improve coverage and capacity A new Project 25 (P25) Phase II, eight -site, six -channel trunked simulcast system would meet functional and performance requirements New system would likely need to be 700 megahertz (MHz), but 800 MHz or UHF would be acceptable if sufficient frequencies could be identified The option of expanding the WV Statewide Interoperable Radio Network (SIRN) system into Frederick County is something that could be investigated Mr. Milas then reviewed the Conceptual System Design Merits as follows: • Countywide coverage by utilizing approximately eight radio sites • Enhanced interoperability, both within the county and with external agencies • Improved capacity and flexibility through the use of trunking architecture and additional channels • Improved reliability through overlapping site coverage and fault -tolerant design • Improved security and control through system keys, subscriber ID restrictions, and encryption capabilities • Capable of providing data backbone to support functions like Global Positioning System (GPS) and Over the Air Programming (OTAP) • Flexible standards -based architecture to support future expansion and technology refreshes Frederick County Board of Supervisors Work Session Minutes *June 12, 2019 1 In conclusion, Mr. Milas reviewed estimated costs and the recommended next steps for moving forward with the planning process. ADJOURN The meeting was adjourned at 6:30 p.m. Frederick County Board of Supervisors Work Session Minutes *June 12, 2019 MINUTES CLOSED SESSION AND REGULAR MEETING FREDERICK COUNTY BOARD OF SUPERVISORS WEDNESDAY, JUNE 12, 2019 6:30 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; Judith McCann -Slaughter; and Robert W. Wells were present. Shannon G. Trout and J. Douglas McCarthy were absent. Staff present: Kris C. Tierney, County Administrator; Jay E. Tibbs, Deputy County Administrator; Roderick B. Williams, County Attorney; Karen Vacchio, Public Information Officer; Mike Ruddy, Director of Planning and Development; Candice Perkins, Assistant Director of Planning & Development; Mark Cheran, Zoning & Subdivision Administrator; ScottVarner, Director of Information Technologies; Andrew Farrar, Program Coordinator, Information Technologies; and Ann W. Phillips, Deputy Clerk to the Board of Supervisors. CALL TO ORDER Chairman DeHaven called the meeting to order at 6:31 p.m. ril WO&A d 11M EL�kl ril J l At 6:32 p.m., Vice Chairman Lofton moved that the Board of Supervisors convene in closed session pursuant to Virginia Code § 2.2-3711(A)(1) for personnel matters, specifically the annual evaluation of the county attorney and the county administrator. Supervisor Dunn seconded the motion which carried on a voice vote. At 6:56 p.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 Dunn. Vice Chairman Lofton moved that the Board of Supervisors of Frederick County certify that, to the best of each member's knowledge, (i) only public business matters lawfully exempted from open meeting requirements by Virginia law were discussed in the closed meeting 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 Dunn seconded the motion which carried as follows on a roll call vote Blaine P. Dunn Aye Shannon G. Trout Absent Gary A. Lofton Aye Robert W. Wells Aye J. Douglas McCarthy Absent Charles S. DeHaven, Jr. Aye Judith McCann -Slaughter Aye RECESS At 6:57 p.m., Chairman Dehaven recessed the meeting for five minutes. Frederick County Board of Supervisors Closed Session & Regular Meeting Minutes * June 12, 2019 10 1 CALL TO ORDER Chairman DeHaven called the meeting to order at 7:03 p.m. INVOCATION Pastor Ross Halbersma, New Hope Alliance Church, delivered the invocation. PLEDGE OF ALLEGIANCE Vice Chairman Lofton led the Pledge of Allegiance. ADOPTION OF AGENDA — APPROVED Upon motion of Vice Chairman Lofton, seconded by Supervisor Dunn, the agenda was adopted, as amended with two additions, on a voice vote. CITIZENS COMMENTS There were no speakers. ADOPTION OF CONSENT AGENDA —APPROVED Upon motion of Supervisor Slaughter, seconded by Supervisor Dunn, the consent agenda was adopted on a roll call vote as follows: Blaine P. Dunn Aye Gary A. Lofton Aye J. Douglas McCarthy Absent Judith McCann -Slaughter Aye Shannon G. Trout Absent Robert W. Wells Aye Charles S. DeHaven, Jr. Aye - Minutes: Service Learninq Forum of May 20, 2019 - CONSENT AGENDA APPROVAL - Minutes: Work Session of Mav 22. 2019 - CONSENT AGENDA APPROVAL - Minutes: Regular Meetinq of May 22, 2019 - CONSENT AGENDA APPROVAL - Public Works Committee Report of 5/28/19 - CONSENT AGENDA APPROVAL, Appendix 1 - Information Technologies Committee Report of 5129119 - CONSENT AGENDA APPROVAL, Appendix 2 - Developmental Impact Model Oversight Committee Report of 5/9/19 - CONSENT AGENDA APPROVAL, Appendix 3 + + + + + + + + + + + + + + BOARD OF SUPERVISORS COMMENTS - None COUNTY OFFICIALS: FREDERICK/WARREN COUNTY LINE — PROPERTY ISSUE — POSTPONED Deputy County Administrator Tibbs explained the request for the Board of Supervisors to consider a boundary adjustment to the Warren/Frederick County line in the Foster Hollow Road area saying this apparent boundary dispute was discovered via the Virginia Department of Elections relative Frederick County Board of Supervisors Closed Session & Regular Meeting Minutes * June 12, 2019 11 2 to voting precinct lines around the State. He said the Department wanted to ensure correct voting district classifications with the area in question affecting the Congressional districts because Warren County is in the 6th District and Frederick County is in the loth. He described the parcels in the disputed area as being physically in Frederick County but having inaccurate deed and survey data showing them as being in Warren County. Mr. Tibbs noted that of the property owners in question who have a preference, all of them wish to remain Warren County residents as that has been their designation for several decades. He said during the public input meeting in Warren County, several property owners expressed an interest in remaining a part of Warren County, and Mr. Scot Marsh of Marsh & Legge Land Surveyors, PLC, proposed a new county boundary line allowing the subject properties to be placed in Warren County where the owners have always thought they were located. Mr. Tibbs said the Board has two possible actions: keeping the line as it is or scheduling a public hearing on adjustment of the line. Supervisor Dunn inquired about the acreage of the parcels in question and the tax revenue from the single property that has been paying tax in Frederick County. Mr. Tibbs deferred to Mr. Scot Marsh of Marsh & Legge who surveyed the boundary line. Mr. Marsh said the parcels total about 20 acres. Mr. Tibbs noted the one parcel taxed in Frederick County brings in about $1000 per year in real estate taxes. Mr. Tierney noted that the Warren County Board is waiting to see how the Frederick Board addresses the issue. Supervisor Wells moved to set the public hearing on the boundary line adjustment. Supervisor Dunn seconded the motion. Chairman DeHaven said he understands the situation and the County should work with its neighbors in such circumstances, but that he is opposed to moving the boundary line. Vice Chairman Lofton agreed with the Chairman saying he wants to work with Warren County and explore other options but is opposed to moving the line. Supervisor Dunn noted two Board members were absent and moved to postpone discussion. Vice Chairman Lofton seconded the motion which carried on a roll call vote as follows Blaine P. Dunn Aye Shannon G. Trout Absent Gary A. Lofton Aye Robert W. Wells Aye J. Douglas McCarthy Absent Charles S. DeHaven, Jr. Aye Judith McCann -Slaughter Aye Supervisor Wells withdrew his original motion to set a public hearing in light of the vote to postpone the discussion. REDUCTION/OFFSET OF FREDERICK WATER DEBT OBLIGATION - APPROVED Mr. Tibbs explained the request saying Frederick Water (aka Frederick County Sanitation Authority) is in the process of constructing ballfields on their property in the Stephenson area that are to be replacements for the current County operated fields at Clearbrook Park. He said Carmeuse, per the terms of the County's lease agreement with them for the existing Clearbrook ballfields, has exercised their option to terminate that lease, has provided the requisite notice, and the County will be vacating the existing ballfields in November 2019. He continued saying Frederick Water has contracted Frederick County Board of Supervisors Closed Session & Regular Meeting Minutes * June 12, 2019 12 3 with Perry Engineering to construct the replacement fields and has worked with the County to get an approved site plan for those ballfields. He said during the site plan and design conversations, the County identified certain features that would benefit the users of said fields including the use of LED lighting technologies within the complex resulting in greater efficiencies and performance from an energy perspective. Mr. Tibbs said the cost of the features exceeds Frederick Water's budget for this project, and in an effort to accommodate the County's desire for the more efficient lighting, as well as provide other additional improvements to the site, Frederick Water has asked if the County would be willing to off -set the costs for those features by forgiving Frederick Water's existing debt obligation in the amount of $657,083.23. He said in exchange for the reduction in the debt obligation, the County would receive the following: 1. Cost difference between Frederick Water's budget and the actual of the lighting system which is almost $550,000 above their budget. 2. The remaining $100,000 or so in additional items includes: a. Prime and double seal to a minimum two-inch asphalt topcoat on the parking lots. b. Two storage buildings to serve the ballfields. c. Installation of sod for all five fields so they will be playable by March 2020. Mr. Tibbs said in addition, Frederick Water will give Frederick County an easement for its use of the ballfields with the intent to transfer fee simple ownership to the County once the Opequon Water Treatment Plant is operational. Providing background concerning the obligation, Mr. Tibbs said the Board of Supervisors loaned proceeds to the Frederick County Sanitation Authority to facilitate the establishment of water and sewer systems in the Red Bud Run and Abrams Creek drainage areas with the first loan occurring in April 1972 in the amount of $500,000 loaned over a period of three fiscal years. He said the second loan occurred in December 1974 and the total amount loaned for the project was $1,106,500.00. He continued saying in 1987, the Board of Supervisors voted to defer payment of principal and interest on this loan to facilitate the Sanitation Authority's ability to float a revenue bond with the Virginia Resources Authority to enable construction of water and sewer facilities in the Bufflick Road area, adding this loan has been carried on both Frederick Water's and Frederick County's financial statements as a payable and receivable respectively. Mr. Tibbs said the Board of Supervisors has previously approved reductions in the loan on two occasions totaling $208,495.00: the first was for tap fees for the National Guard Armory totaling $130,639.00, which occurred in December 2008; and the second reduction was for tap fees for the Round Hill fire station totaling $77,856.00, which occurred in August 2015. Mr. Tibbs said it is staffs recommendation that the Board authorize forgiveness of this debt to off -set the costs associated with the lighting and supporting facilities at the replacement Clearbrook ballfields. He said Frederick Water has reviewed the draft agreement and is agreeable to the terms. Supervisor Lofton and staff discussed the reason for Frederick Water's offer to build ballfields and the reason for the costs being higher than anticipated by Frederick Water. Mr. Tierney noted that the Parks and Recreation Department was involved in the planning stages, and the desired lighting Frederick County Board of Supervisors 13 Closed Session & Regular Meeting Minutes * June 12, 2019 plan came in at a higher price than originally planned, partly due to the change to LED lighting. He said the County is being asked to help make up the difference between the original cost estimate and the actual cost of the desired specifications expressed by Parks and Recreation staff. Supervisor Lofton and staff discussed the original loan and whether interest had accrued or been paid to the County. Mr. Tierney said interest had accrued for a number of years but was capped in the agreement at some point. Mr. Tibbs explained that the original loan was about $1,100,000 and some payments were made up until 1987 when the Sanitation Authority asked for a deferral to assist with their obtaining financing through the Virginia Resources Authority for the Bufflick Run Project. He said the Board was amenable to the deferral. Chairman DeHaven said the difference in cost is due to there being five fields instead of four, upgraded requirements, and the addition of land to the agreement. Vice Chairman Lofton commented that no interest has been accruing on the loan for 30 years and the County shouldn't have to forgive any of the loan. Mr. Tierney said the circumstances are unusual in that there was an agreement between Carmeuse and Frederick Water, which the County was not party to, that required ballfields to be constructed on land provided by Carmeuse. He said as that agreement fell apart, the County was the big loser. He said that Frederick Water took the high road saying they would build the ballfields. Mr. Tierney concluded saying the value of the ballfields far exceeds the amount of debt the County is being asked to forgive. Vice Chairman Lofton said that his point is that Frederick Water, a quasi -business entity, is being given an interest free loan by the tax payers. Supervisor Slaughter said she had inquired about the loan and learned that the interest would have amounted to about $32,000 per year. She said that with the ballfields costing about $3,000,000, the County comes out farther ahead than if Frederick Water had been asked to pay interest. Supervisor Wells moved forgive the debt and authorize the County Administrator to execute the agreement specifying the debt offset. Supervisor Slaughter seconded the motion which carried on a roll call vote as follows: Blaine P. Dunn Aye Gary A. Lofton No J. Douglas McCarthy Absent Judith McCann -Slaughter Aye Shannon G. Trout Absent Robert W. Wells Aye Charles S. DeHaven, Jr. Aye MOTION AUTHORIZING STAFF TO PROCEED WITH ACQUISTION OF REAL PROPERTY - APPROVED Vice Chairman Lofton moved that the Board authorize staff to proceed with the acquisition of real property as discussed in closed session. Supervisor Dunn seconded the motion which carried on a roll call vote as follows: Blaine P. Dunn Aye Shannon G. Trout Absent Gary A. Lofton Aye Robert W. Wells Aye J. Douglas McCarthy Absent Charles S. DeHaven, Jr. Aye Judith McCann -Slaughter Aye Frederick County Board of Supervisors Closed Session & Regular Meeting Minutes * June 12, 2019 14 MOTION TO APPROPRIATE $300,000 FOR FY 2019 FOR CAPITAL ACQUISITION — APPROVED Vice Chairman Lofton moved that the Board appropriate $300,000 for FY 2019 for a capital acquisition. Supervisor Wells seconded the motion which carried on a roll call vote as follows: Blaine P. Dunn Aye Gary A. Lofton Aye J. Douglas McCarthy Absent Judith McCann -Slaughter No COMMITTEE BUSINESS: PUBLIC WORKS COMMITTEE Shannon G. Trout Absent Robert W. Wells Aye Charles S. DeHaven, Jr. Aye SET PUBLIC HEARING ON QUITCLAIM REQUEST FOR SHAWNEELAND—APPROVED County Attorney Rod Williams explained the situation in which an individual purchased a lot in Shawneeland based upon the prior owner's deed. He said the developer conveyed the lot to the prior owner and taxes have been paid ever since and the deed was recorded even though the lot did not exist as a separate parcel. He proposed that the County could issue a quitclaim deed in exchange for the agreement of the current owner that she has no claim regarding the taxes already paid on the parcel. He said staff is asking the Board to set a public hearing on the matter. Upon motion of Vice Chairman Lofton, seconded by Supervisor Dunn, a public hearing on the disposition of any County interest in Shawneeland Tax Parcel Number 49A04-1-K-19 was set. The motion carried on a voice vote. DEVELOPMENTAL IMPACT MODEL OVERSIGHT COMMITTEE CAPITAL IMPACTS STUDY —ACCEPTED FOR IMPLEMENTATION ON JULY 1, 2019 Planning Director Mike Ruddy said Julie Herlands of Tishler-Bise was in attendance to present the Capital Impacts Model developed during the recently completed study. He said the Model seeks to identify impacts based on the need of capital facilities as the County continues to grow and based on the costs of the facilities. Additionally, he said, the Model will identify the appropriate share of the cost that would be the responsibility of the development community during future rezonings, in the context of the 2016 proffer legislation. Julie Herlands of Tishler-Bise gave a presentation outlining the Capital Impacts Model and highlighting the following: Overview of Cash Proffers; Current Cash Proffer Requirements in Virginia; Overview of the Frederick County Model; Example of Capital Impact Results; and Cash Proffer Eligible Categories Cost Analysis. Supervisor Dunn and Ms. Herlands discussed the Model in reference to school capacity, accuracy, the similarity of results when different methodologies are used, and the identification of capital costs versus staff costs for fire and rescue facilities. Frederick County Board of Supervisors 15 Closed Session & Regular Meeting Minutes * June 12, 2019 Vice Chairman Lofton and Ms. Herlands discussed the timing of proposed developments and allocating school capacity. He praised the usefulness of the updated Model. Supervisor Slaughter and Ms. Herlands discussed inflation and the need to apply construction cost indexing to update the Model annually In response to Supervisor Dunn's question, Mr. Herland said housing type is updated annually in the Model to account for changes in housing type preferences, and said the Model is generally found to have an accuracy of within 5% of as -developed. Supervisor Wells moved that the Board follow the Committee's recommendation to accept the Capital Impacts Study and implement the use of the Model, effective July 1, 2019. Supervisor Dunn seconded the motion which carried on a roll call vote as follows Blaine P. Dunn Aye Shannon G. Trout Absent Gary A. Lofton Aye Robert W. Wells Aye J. Douglas McCarthy Absent Charles S. DeHaven, Jr. Aye Judith McCann -Slaughter Aye ++++++++++++++ PUBLIC HEARINGS OUTDOOR FESTIVAL PERMIT REQUEST OF TYLER WAKEMAN — PEAK LEAF MUSIC & BREWERS FESTIVAL -APPROVED Mr. Tierney provided background saying the request is for the Peak Leaf Music & Brewers Festival on October 19 from noon to 8:00 p.m. Chairman DeHaven opened the public hearing. There were no speakers. Chairman DeHaven closed the public hearing. Vice Chairman Lofton moved for approval of the Outdoor Festival Permit request of Tyler Wakeman for the Peak Leaf Music & Brewers Festival. Supervisor Wells seconded the motion which carried on a voice vote. ++++++++++++++ CABLE TELEVISION FRANCHISE AGREEMENT WITH COMCAST OF CALIFORNIA/ MARYLAND/ PENNSYLVANIA/ VIRGINIA/ WEST VIRGINIA, LLC. - APPROVED Mr. Tibbs said Comcast of California/Maryland/PennsylvaniaNirginia/West Virginia, LLC ("Comcast") has an existing non-exclusive cable franchise within the County, which was granted by the Board for a ten-year period in 2009, and this franchise and its governing agreement were set to expire on April 1, 2019; however, the Board of Supervisors at its March 13, 2019 meeting granted a short-term extension to the existing agreement until June 30, 2019. He said staff has negotiated the renewal terms for the proposed agreement that would grant Comcast a nonexclusive franchise to provide cable television service within Frederick County for a period of 10 years with some of the terms of the proposed renewal including: Frederick County Board of Supervisors Closed Session & Regular Meeting Minutes * June 12, 2019 16 7 • Decreased density requirement from the current density of 30 homes per linear mile to 25 homes per linear mile. In addition, Comcast has agreed to conduct a feasibility study of an area with at least 20 homes per linear. • There is a new provision for homes that do not meet the density requirement necessary to get service. Those homeowners would have to pay for the running of cable beyond 275 feet from the line. This provision did not exist in our previous franchise agreement. • High Definition (HD) output for County channels following a three-year waiting period. • County channels will remain in the basic service tier • Consideration for relocation of Frederick County Government's and Frederick County Schools' current cable drop, should we or the schools relocate our facility during the franchise term. Frederick County would pay the costs for any cable run to a relocated facility located over 200 feet from the main line. Mr. Tibbs said in exchange for the above, the only material concession made is giving up the existing Fire and Rescue training channel which is not as utilized with current internet and web - based training. He concluded saying other changes include: • Updates to reflect changes in the law since the franchise agreement's last renewal. • Caps were established for liquidated damages (This change does not limit Frederick County's right to move to revoke the franchise agreement should Comcast start approaching those damage caps or otherwise breach its obligations under the agreement). In responsive to Supervisor Dunn's question, Mr. Williams verified that the agreement is non-exclusive and that the County does not control Comcast's rate charges. Chairman DeHaven opened the public hearing. There were no speakers. Chairman DeHaven closed the public hearing. Supervisor Slaughter moved for approval of the proposed cable television Comcast Franchise Agreement in light of the current agreement expiring on June 30, 2019. Supervisor Dunn seconded the motion which carried on a roll call vote as follows Blaine P. Dunn Aye Shannon G. Trout Absent Gary A. Lofton Aye Robert W. Wells Aye J. Douglas McCarthy Absent Charles S. DeHaven, Jr. Aye Judith McCann -Slaughter Aye ++++++++++++++ PROPOSED AMENDMENT(S) TO THE FREDERICK COUNTY CODE, CHAPTER 118, NOISE - APPPnvGn Mr. Williams said this amendment to the Noise Ordinance is to bring it into compliance with applicable law. He said the Supreme Court of Virginia in 2009, when considering another locality's ordinance that stated that unreasonable noise was unlawful, held that such ordinance was unenforceable because it is unclear. He said other localities have moved to a "plainly audible" standard and/or decibel standard, and the Code and Ordinance Committee proposed a level of 60 Frederick County Board of Supervisors Closed Session & Regular Meeting Minutes * June 12, 2019 17 8 decibels, adding there are exceptions listed in the proposed ordinance language. He said the ordinance does not change the scope in that it only applies in Residential zones between the hours of 9:00 p.m. and 6:00 a.m. He concluded saying the aim was to provide the County with an enforceable ordinance because the current ordinance is not enforceable. In response to Vice Chairman Lofton's question, Mr. Williams verified that no one would be charged unless given an opportunity to abate the noise. Chairman DeHaven opened the public hearing. Rick Hunt, Gainesboro District, said he has a neighbor who brings race cars to his agricultural property. He encouraged the use of a decibel level for enforcement and asked that the Board table the matter until his Supervisor is present to discuss the issue. Chairman DeHaven noted that the ordinance would not apply in the Agricultural zone. There being no other speakers, Chairman DeHaven closed the public hearing. Supervisor Dunn said the proposal is a good improvement but should go farther. He moved to postpone the decision until the July meeting. There was no second. Supervisor Dunn moved for adoption of the proposed ordinance amending County Code Chapter 118 — Noise. Supervisor Slaughter seconded the motion. Supervisor Dunn said more needs to be done on the issue to assist people who are ill and cannot leave their homes. Supervisor Slaughter thanked the Committee for working to develop an enforceable ordinance. The motion to adopt the ordinance amending Chapter 118 - Noise carried on a roll call vote as follows: Blaine P. Dunn Aye Gary A. Lofton Aye J. Douglas McCarthy Absent Judith McCann -Slaughter Aye Shannon G. Trout Absent Robert W. Wells Aye Charles S. DeHaven, Jr. Aye ORDINANCE June 12, 2019 The Board of Supervisors of Frederick County, Virginia hereby ordains that Sections 118-1 (Unreasonable noise unlawful) and 118-2 (Enforcement) and new Sections 118-4 (Specific prohibitions) and 118-5 (Exceptions) of Chapter 118 (Noise) of the Code of Frederick County, Virginia be, and the same hereby are, amended by enacting amended Sections 118-1 (Specified noise unlawful) and 118-2 (Enforcement) and new Sections 118-4 (Specific prohibitions) and 118-5 (Exceptions) of Chapter 118 (Noise) of the Code of Frederick County, Virginia, as follows (deletions are shown in stiiketlff and additions are shown in u>�ealimme): CHAPTER 118 NOISE § 118-1 Specified noise u nlawfd. annoying noises from all sources Frederick County Board of Supervisors 18 Closed Session & Regular Meeting Minutes * June 12, 2019 B. This chapter shall be applicable from 9:00 p.m. to 6:00 a.m., inclusive, each day, to noise emanating from property located within the following zoning districts as indicated on the Frederick County Zoning Map: RP Residential Performance District R4 Residential Planned Community District R5 Residential Recreational Community District MHl Mobile Home Community District C. No person shall be charged with a violation of this section sinless that person has received verbal, electronic, or written notice from a law enforcement officer of Frederick County that he is violating or has violated the provisions of this chapter and has thereafter had the opportunity to abate the noise disturbance. § 118-2 Enforcement. Enforcement of this chapter shall be by the Sheriff of Frederick County or bis designee. § 118-3 Violations andlpenalties. [Ed note: No change is proposed to this section] A violation of this chapter shall be punishable by a fine of not more than $100 for the first offense and a fine of not more than $1,000 for each subsequent offense. Each such occurrence shall constitute a separate offense. 6 118-4 Specific prohibitions. The following acts are declared to be noise disturbances in violation of this chapter, provided that this list shall not be deemed to be an exclusive enumeration of those acts which may constitute noise disturbances and that an act not listed below may nevertheless constitute a violation of this chapter: A. Prohibited Noise Generally. Operating, Playing or permitting the operation or playing of any radio, television, computer, recording, musical inst[ument, anylifier, or similar device, or yelling, shouting, whistling, or singing, or operating or permitting the operation of any mechanical ecoripment in such as manner as to be plainly audible or exceeding 60 decibels as heard- 1 . Across a residential real property boundary or through partitions common to two or more (2) dwelling units within a building; or 2. At a distance of fifty (50) feet or more from the building in which it is located, provided that the sound is audible on another's property; or 3. At a distance of fifty (50) feet or more from its source, provided that the sound is audible on anther's property. B. Schools, public buildings, places of worship, and hospitals. The creation of any noise on or near the grounds of any school, court, public building, place of worship, or hospital in a manner that is plainly audible within such school, court, public building, place of worship, or hospital, and which noise interferes with the operation of the institution C. The term "plainly audible" shall mean any sound that can be heard clearly by a person using his or her unaided hearing faculties. When music is involved, the detection of rhythmic bass tons shall be sufficient to be considered plainly audible sound § 118-5 Exceptions. This chapter shall have no application to any sound generated by any of the following_ A. Sound which is necessary for the protection or preservation of property or the health, safety, life or limb of any Person B. Public soeakine and public assembly activities conducted on anv public rizht-of-wav or uablic C. Radios, sirens, horns, and bells on police, fire, or other emergent/ response vehicles. D. Parades, lawful fireworks displays, school -related activities, and other such public special events or public activities. E. Activities on or in municipal, county, state, United States, or school athletic facilities, or on or in Publicly owned property and facilities. F. Fire alarms and burglar alarms, prior to the giving of notice and a reasonable opportuuufly for the owner or person in possession of the Premises served by any such alarm to tam off the alarm. Frederick County Board of Supervisors Closed Session & Regular Meeting Minutes *June 12, 2019 19 10 G. Religious services, religious events, or religious activities or expressions, including, but not limited to mac, singing, bells, chimes, and organs which are a part of such service, event, activity, or expression H. Locomotives and other railroad equipment, and aircraft. I. The striking of clocks. J. Military activities of the Commonwealth of Vireinia or of the United States of America. K. Agdcudtural activities + + + + + + + + + + + + + + PROPOSED AMENDMENT(S) TO THE FREDERICK COUNTY CODE, CHAPTER 48 ANIMALS AND FOWL, ARTICLE I DOGS RUNNING AT LARGE; RABIES CONTROL, SECTION 48-3 DOGS RUNNING AT LARGE UNLAWFUL - APPROVED Mr. Williams explained the amendment saying this addresses the dog running at large statute to comport with amendments to state law made recently by the General Assembly. He continued saying the law states that localities shall provide for a civil penalty, interpreted to mean in addition to the base penalty, for dogs running at large in a pack, adding that the state law requires an exemption for hunting dogs engaged in an activity. Chairman DeHaven opened the public hearing. There were no speakers. Chairman DeHaven closed the public hearing. Supervisor Dunn moved for adopted the ordinance as presented. Supervisor Slaughter seconded the motion which carried on a roll call vote as follows Blaine P. Dunn Aye Shannon G. Trout Absent Gary A. Lofton Aye Robert W. Wells Aye J. Douglas McCarthy Absent Charles S. DeHaven, Jr. Aye Judith McCann -Slaughter Aye ORDINANCE June 12, 2019 The Board of Supervisors of Frederick County, Virginia hereby ordains that, effective July 1, 2019, Section 48-3 (Dogs running at large unlawful) of Article I (Dog Licensing; Rabies Control) of Chapter 48 (Animals and Fowl) of the Code of Frederick County, Virginia be, and the same hereby is, amended by enacting an amended Section 48-3 (Dogs running at large unlawful) of Article I (Dog Licensing; Rabies Control) of Chapter 48 (Animals and Fowl) of the Code of Frederick County, Virginia, as follows (deletion is shown in and addition is shown in bold umderline): CHAPTER 48 ANIMALS AND FOWL Article I Dog Licensing; Rabies Control § 48-3 Dogs running at large urnlawfurl. A. It shall be unlawful to permit any dog to run at large within the County at any time during the year For the purposes of this subsection, a dog shall be deemed to be running a at lame while roaming or running of the property of its owner or custodian and not under its owner's or curstodiamm s immediate control. Except as provided in subsection B,Any any person who permits his a dog to run at large or remain unconfined, unrestricted or not penned up shall be deemed to have violated the provisions of this subsection andbe subject to punishment as provided in Section 48-10. B. It shall also be unlawful to permit any dog to run at large in a pack within the County at any time during the year. For the purposes of this surbsection, a dog shall be deemed to be romping at large in a pack if Frederick County Board of Supervisors Closed Session & Regular Meeting Minutes * June 12, 2019 20 11 it is running at large in the company of one or more other dogs that are also rwini og at lame. Ammv person who permits a dog to ra a at large in a pack shall be deemed to have violated the provisions of this subsection and, in addition to the puoishmmaent as provided in Section 48-10, be saubiect to a civil penalty not to exceed $100 per dog so found. Any civil penalty collected) pursuant to this subsection shall be deposited by the Treasurer pursuant to the provisions of § 3.2-6534 of the Code of Virginia (1950, as ). C. It shall be the duty of the Animal Control Officer and Deputy Animal Control Officers to cause all dogs found running at large in violation of this section to be caught and penned up in the County dog pound. B-.1). It shall be unlawful to permit any vicious or destructive dog to run at large within the County, and any person owning, having control or harboring any such dog is hereby required to keep the same confined within his premises. E. The provisions of this section shall not apply with respect to dogs used for hunting. + + + + + + + + + + + + + + BOARD LIAISON REPORTS - None CITIZEN COMMENTS Ken Hunter, Back Creek, asked the Board to make Shawneeland a tax-free zone for 100% disabled veterans according to state law. He continued saying he was threatened by a County employee this week when he requested an inspection. He requested the credentials of the inspector. BOARD OF SUPERVISORS COMMENTS Vice Chairman Lofton said the new Capital Impacts Model is a good product, but it is a fallacy because timing is an issue when two re -zonings come in at the same time, so capacity is not addressed. He said several rural preservation developments have been approved that are by - right and will not produce proffers but may take up capacity, adding that five -acre lots are also by - right. He said he is concerned this may push developers to seek outfive acre and rural preservation lots for development because they will not require proffers. Supervisor Dunn said the Model would include those areas for planning purposes even though proffers are not permitted. CLOSED SESSION At 8:29 p.m., Vice Chairman Lofton moved that the Board of Supervisors convene in closed session pursuant to Virginia Code § 2.2-3711(A)(1) for personnel matters, specifically the annual evaluation of the county attorney and the county administrator. Supervisor Dunn seconded the motion which carried on a voice vote. At 9:10 p.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 Dunn. Vice Chairman Frederick County Board of Supervisors Closed Session & Regular Meeting Minutes * June 12, 2019 21 12 Lofton moved that the Board of Supervisors of Frederick County certify that, to the best of each member's knowledge, (i) only public business matters lawfully exempted from open meeting requirements by Virginia law were discussed in the closed meeting 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 Dunn seconded the motion which carried as follows on a roll call vote Blaine P. Dunn Aye Shannon G. Trout Absent Gary A. Lofton Aye Robert W. Wells Aye J. Douglas McCarthy Absent Charles S. DeHaven, Jr. Aye Judith McCann -Slaughter Aye ADJOURN On motion of Vice Chairman Lofton, seconded by Supervisor Wells, the meeting was adjourned at 9:11 p.m. Frederick County Board of Supervisors Closed Session & Regular Meeting Minutes * June 12, 2019 W� 13 Item # 6.13 Board of Supervisors Agenda Item Detail Meeting Date: July 10, 2019 Agenda Section: Consent Agenda Submitted by: Human Resource Committee Item Type: Committee Report Item Title: Human Resources Committee Report of 6-17-19 Attachments: HR Committee Report - June 17 2019.pdf 23 HUMAN RESOURCES COMMITTEE REPORT to the BOARD OF SUPERVISORS Monday, June 17, 2019 9:00 a.m. 107 NORTH KENT STREET, WI NCH ESTER, VIRGINIA A Human Resources Committee meeting was held in the First Floor Conference Room at 107 North Kent Street on Monday, June 17, 2019 at 9:00 a.m. ATTENDEES: Committee Members Present: Blaine Dunn, Chairman; Don Butler; Doug McCarthy, Beth Lewin; and Dorrie Greene Staff present: Michael Marciano, Human Resources Director; DeLois Blevins, Human Resources Manager; Rod Williams, County Attorney; Jay Tibbs, Deputy County Administrator; Jim Whitley, Kim Chmura; and Lenny Millholland. Others present: None ITEMS REQUIRING ACTION BY BOARD OF SUPERVISORS: 1. The Old Dominion Court Services (ODCS), supervised by Northwestern Regional Adult Detention Center (NRADC) requested to add a Case Officer, range 4 to the Salary Administration Plan (Exhibit A). The committee recommends approval, 5 in favor & 0 against. 2. The Human Resources Department presented recommended changes to Frederick County Human Resources policy regarding Administrative Leave & Unsafe Conditions Policies (Exhibit B). The committee recommends approval, 5 in favor & 0 against. 3. The Human Resources Department presented recommended changes to Frederick County Human Resources policy regarding Anti -Discrimination and Anti -Harassment (Exhibit C). The committee recommends approval, 5 in favor & 0 against. Note the memo of June 25 explaining the administratively proposed modified language regarding reporting incidents of harassment. 4. The Human Resources Department presented a nomination for Employee of the Month for Deputy Greg Lambert (Exhibit D). The committee recommends approval of Greg Lambert for the June 2019 Employee of the Month, 5 in favor & 0 against. Respectfully submitted, HUMAN RESOURCES COMMITTEE Blaine Dunn, Chairman Don Butler Beth Lewin Doug McCarthy Dorrie Greene Robert (Bob) Wells By Michael J. Marciano, Director of Human Resources Exhibit A (Material Handed Out at June 17, 2019 HR Committee Meeting) 25 Old Dominion Court services Pretrial Services & Local Probation "Case Officer" Position Request 26 OLD DOmmoN COURT SERVICES PRETRIAL SERVICES & LOCAL PRO13ATION Serving City of Winchester and S. K. Chmura, cc Chief Counties of Clarke, Frederick, Page, Shenandoah and Warren June 7, 2018. To: Frederick Co. Human Resource Committee 141M� From: S. Kimberly Chmura, Chief Re: New Case Officer Position Overview: 860 Smithfield Avenue Winchester, VA 22601 Telephone: 540-665-5633 Fax Number: 540-667-3875 Frederick County is the administrative and fiscal agent for Old Dominion Court Services (ODCS). ODCS is supervised by the Northwestern Regional Adult Detention Center. ODC5 provides community -based local probation to 18 courts in the City of Winchester and the Counties of Clarke, Frederick, Page, Shenandoah and Warren. It provides pretrial investigations to 6 courts in Winchester, Clarke and Frederick General District Courts and Juvenile Domestic Relations Courts and provides pretrial supervision to 9 courts in Winchester, Clarke and Frederick Circuit Courts, General District Courts and Juvenile Domestic Relations Courts. Please note that ODC5 is a separate agency from Old Dominion Alcohol Safety Action Program (ASAP). The director of ODCS is Kim Chmura, Community Corrections Chief, and the director of ASAP is Andrea Cosans, Director of Court Services. Pretrial/Probation Officers, Grade 5 with a salary range of $39,014-$62,337, currently complete all intakes of pretrial defendants and probationers. After completing the intakes, the officers begin supervising the ODCS clients and addressing any stabilization needs, such as, connecting to local services for housing, employment services, etc., as well as, addressing risks to public safety. In pretrial supervision, the Officers are responsible for monitoring compliance of the court -ordered bail conditions, and to provide referrals to social services to promote the mission of pretrial services; increase the likeness of court appearance and promote public safety. in probation supervision, the Officers are responsible for monitoring compliance of court -ordered obligations, as well as, directing clients to appropriate interventions, such as substance use disorder counseling, mental health counseling, batterer's intervention programming, shoplifting intervention e-learning, and alcohol/marijuana use education programming. The function of probation is to address criminogenic needs that will increase probation compliance and, in the long term, reduce recidivism. Due to increased referrals over the past few years, completing intakes in a timely fashion has become very difficult. At this time, an intake for pretrial defendant is completed within 30 days of receipt of the referral, and a probation intake may take more than 45 days due to case load size and multiple sub -offices. The Department of Criminal Justices Services (DCJS) mandates that pretrial intakes should occur within 5 business days of receipt of the order and probation intakes should occur within 10 business days of receipt of the order. ODCS continued failure in these standards will negatively im act any forthcoming compliance monitoringZaudit. At which time an action plan will be required to ensure compliance. Prior to the auditinp, process being implemented, it is desirable to address any deficits and resolve any identified concerns. It is being requested that a Case Officer title be created at the Grade 4 salary range of $34,243-$54,810. The primary function of this position will be to complete intakes within the mandated DCJS time frames. This position will have client contact, but will only see the clients one time for intake and will not address any 27 underlying issues related to substance use disorder or criminal thinking. Additionally, this position will be the primary back-up for the secretary. As this position does not have the same duties and responsibilities as the supervision officers, it is not appropriate to compensate this position at the same rate as the Grade 5 Pretrial/Probation Officers. Rationale for Position: In the FY 20 ODCS Pretrial budget, a new FTE position was added as a Grade 4 with a salary of $34,243-$54,810. At this time, the position has been approved via the budget process and if approved by the FIR Committee and Board of Supervisors (BOS), will be funded by grant funds received from the Department of Criminal Justice Services (DCJS). It is requested that this new position entitled, Case Officer, be approved. This position is necessary due to several factors. Referrals to pretrial supervision and local probation have increased significantly in the past few years. Eight years ago, pretrial services and local probation were merged under NRADC and during this restructuring, one supervisor and one administrative staff position were left vacant. Due to this reduction, many additional administrative tasks were assigned to the Pretrial/Probation Officers to complete. Current staffing is 9 FTE - 1 supervisor, 1 administrative staff, 1 Pretrial/Probation Officer who works primarily at the jail completing investigations, 3 Pretrial/Probation Officers who work primarily supervising probationers, 2 Pretrial/Probation Officers who work primarily supervising defendants and 1 Pretrial Officer who works primarily supervising defendants. This staffing has remained consistent since 2010. Lastly, there are guidelines which ODCS has not been able to meet despite trying different solutions, and the final solution is to hire a FTE whose primary job it will be to comply with these DCJS standards. The chart below shows that, while in FY 11, total placements for pretrial supervision were 443 with 170 misdemeanor charges and 264 felony charges, in FY 18, total placements were 533, with 195 misdemeanor charges and 338 felony charges. APR FY 19 97 316 413 FY 18 FY 17 FY 16 FYI FY 14 FY 13 FY 12 FY 11 195 235 302 351 338 437 412 498 533 672 714 849 353 353 330 179 398 343 316 264 751 696 646 443 While the total number has increased, it is important to note that the ratio of misdemeanor charges to felony charges also has changed significantly. Defendants being supervised for felony charges often have more serious supervision issues, such as substance abuse and/or mental health issues. Additionally, the felony cases take longer to process through the court system than misdemeanor charges. In FY 11 there were 264 felony cases supervised by ODCS. In FY 19, it is forecasted this will increase to over400 felony defendants. Therefore, ODCS staff have more needy defendants who are supervised longer. This is demonstrated by the average daily caseload for pretrial services: TOTAL YTD 19 FY 18 FY 17 FY 16 FYI FY 14 FY 13 FY 12 FY 11 324 331 28Z 316 277 257 260 204 153 Probation referrals have increased in the past several years as well: APR FY FY 18 FY 17 FY 16 FY 15 FY 14 19 353 334 183 218 291 289 109 96 113 104 102 106 462 430 296 322 393 395 Similar to pretrial supervision, the average daily caseload has increased; in FY 14 there were on average 295 probationers being supervised on a daily basis. Today that average is 492, or 200 more probationers today than 6 years ago, with the same staffing. Lastly, DCJS Minimum Standards for Pretrial Services §3.6 Letter B states, "Each local pretrial services agency shall develop and follow a policy and procedure for conducting an intake within five business days following notification of judicial officer action or release from confinement for all defendants placed on supervision." DCJS Minimum Standards for Local Community -Based Probation §3.2 Letter A states, "Each local community - based probation agency shall develop and follow a policy and procedure for conducting an intake for each probationer placed on supervision within ten (10) business days of notification of a court action or release from confinement." Unfortunately, since the merge of pretrial services and local probation, these standards are rarely met. In the Case Officer's job description, this new position will complete the intakes of defendants as they report for initial contact. This will significantly improve the compliance with these standards. This is important as Pretrial Services are being closely scrutinized by the Crime Commission and under a 4-year study of pretrial investigations and placements. As a result of the Crime Commission recommendations, DCJS is in the process of developing compliance monitor or audits criteria. Adhering to minimum standards will be one aspect of this compliance monitoring. Additionally, this position will be able to complete case manager tasks, such as monitoring transferred, incarcerated or other inactive cases for the Probation Officers, close cases for Pretrial/Probation Officers, conduct drug testing for PO's, and perform other data entry functions. This will allow the PO's to spend more time with defendants and probationers, thus addressing client needs more effectively. Rationale for the Grade: In speaking with other localities, they do not have a Case Officer position, but some have Probation Officers in a tier system where investigators who complete intakes are a lower grade than the supervision officers -- specifically Loudoun and Prince William. At this time at ODCS, the secretary is Grade 3. The Pretrial/Probation Officer is a Grade 5. With only one supervisor who has been here for 8 years, the only internal promotional opportunities have come from secretaries being promoted to PO, which has only happened twice in the past 15 years. Several Pretrial/Probation Officers have left ODCS to pursue similar careers in other localities or federal positions. This proposed position would be a Grade 4 with a salary of $34,243 to $54,910. The position would be a grade between secretary, Grade 3, and supervision officers, Grade 5, and thus would allow a promotional opportunity. More importantly, this position does not require the same skill sets as a supervision officer. While this position would have defendant/probationer contact, the incumbent would not be expected to build rapport or address non -compliant behavior with motivational interviewing skills. Per DCJS Minimum Standards, this position takes the Oath of Office and completes basic skills training, CORE. The educational and KSA for Pretrial/Probation 29 Officer are greater than this position. The Case Officer's position would require greater analytical skills than the secretary position. Within the Frederick Co. SAP, it would be appropriate for the Case Officer whose duties are lesser than a Pretrial/Probation Officer to be compensated one grade lower. In regards to being competitive with other localities with similar positions, ODCS reached out to several localities to inquiry as to their positions. Locality and Title of Position Frederick Case Officer Albemarle Non -Profit PO and Sr. PO Augusta None Fauquier Court Services Officer r Fauquier Part Time Court Services Officer Salary/Grade $34,243-$54,810 Grade 4 Both positions are same grade $40,794-$68,113 Grade 29 TBD — based on experience and H-Burg/R-ham $36,292-$58,074 Court Services Officer I R07 Loudoun PO —Specialist III Loudon Evaluator/investigator Specialist I Prince William PO III Prince William PO li Prince William PO I Roanoke Detention Review Specialist Roanoke Youth Counselor I $48,653 $35,939 Duties OAR has Local Probation Officer position; after 3 years, can be given Sr. Local Probation Officer Position based on merit. Duties are different and salary is enhanced. Does not have this position — Blue Ridge Court Services is under Staunton Supervision Officer— normal duties of pretrial/probation officers. PO's complete intakes. Per Director, when appropriate, they will hire part-time employee for special projects, one being completing intakes. Supervision Officer— normal duties of pretrial/probation officers. This locality does not have Intake Officer. Supervision Officer— normal duties of pretrial/probation officers. Completes bail investigations and intakes $62,029-$105,300 Caseload size is half as large. Duties include Grad 16 case reviews, coaches PO 1/11, lead major initiatives, such as, quality assurance. $55,828-$94,770 Supervision Officer — normal duties of Grade 15 pretrial/probation officers and completes intakes. _ $50,485-$85,683 Pretrial Investigator — primarily works at jail Grade 14 conducting bail hearings. $39,718-$63548 Juvenile PO in the Detention Center $30,113-$48,182 I Juvenile PO in the community Job description attached? Yes Yes Yes NA Yes Yes Been Requested Been Requested Been Requested Been Requested Yes Yes 30 Spotsylvania Stafford $42,D36-$65,145 Juvenile PO in the community Yes Probation Field Officer Warren $4©,562-$�61,720 Juvenile PO in the community Yes Intensive Supervision Grade 1.4 Officer Winchester Nothing similar York Nothing similar 31 Northwestern Regional Adult Detention Center Position Title: Case Officer Old Dominion Court Services — Pretrial Services and Local Probation Department: Northwestern Regional Adult Detention Center - ODCS Exem t/Non-Exem t: Non -Exempt Reports To: Community Corrections Chief Purpose of Grade: This is a specialized position which provides support to the ODCS by conducting intakes of pretrial defendants and probationers. This position will also assist in monitoring inactive or long-term pending cases. Incumbents coordinate directly with General District and Circuit Court Judges, their staffs, and other officers of the court, Case Officer is the primary back up to the ODCS Secretary. Date Prepared: June 2019 Range: 4 G/L Line Item: 4-011-033010-1002-000-201 Examples of Tasks Performed Within Grade: This position description may not include all of the tasks to be performed. Job Purpose: Duties include managing cases, performing drug testing if ordered, reporting to Courts and other Officers of the Court either with verbal testimony or written reports, and strictly adhering to standard operating procedure and DCJS guidelines. Additionally, the incumbent maintains offender/defendant files and the computer database management system. Weekly and monthly statistic reporting is required. The incumbent must develop positive relationships with Court officials and other local resource agencies and must perform all other duties as assigned. Essential Duties: The requirements for this position include, but are not limited to, those outlined below. All job functions, education and experience, general knowledge and abilities, and physical requirements are subject to possible modification to reasonably accommodate individuals with disabilities to enable them to perform the essential functions of the jab This document does not create an employment contract, implied or otherwise. It is the employer's discretion to add or change the duties or requirements of this position at any time. • Completes intakes of defendants who report directly from the Magistrate or Courts, • Runs a criminal history using VCIN, performing data entry of the placement. • Interviews the defendant or probationer, conducting a drug analysis and completing a risk assessment. • Documents all interactions in the case files and the PTCC case management system. • Monitors compliance of inactive cases due to transfer out status and long-term pending cases due to incarceration. • Schedules appointments and returning phone calls in a timely manner, and assisting Pretrial/Probation Officers with drug analysis and case filing. 32 Northwestern Regional Adult Detention Center • Testifies in court. • Completes data entry of placements -- including making copies, scanning files, assisting the Chief in data management and statistics. • Assists in special projects or activities, Equipment Operated: Routine office equipment, personal computer with DCJS software, NICCIVCIN Terminal, and motor vehicles. Working Conditions: Work involves some degree of risk to personal safety in an inherently stressful environment. Knowled a Skills and Abilities: Knowledge of the criminal justice processes and the Department of Criminal Justice Service standards are preferred. The ability to write and prepare written reports is essential. Strong computer skills are required to include expert keyboarding and data entry. The position requires public speaking and oral communications skills. The ability to manage multiple tasks, analyze complex information, organize and prioritize work and meet deadlines is critical. Ability to apply screening criteria to individuals, their offenses, and their personal backgrounds for the purposes of program selection is required. Preferred Knowledge, Skills and Abilities! Bilingual in Spanish and English and highly proficient at Microsoft Office software. Experience/Education. Previous experience in office setting or customer service is required. Internship in criminal justice agency is preferred. Associate's Degree from an accredited college or university with major course emphasis in Criminology, Criminal Justice, Corrections, Sociology or related field is required or applicable experience in lieu of Associate's degree. Special Requirements: • Must maintain a telephone for emergency contact purposes. • Must possess a valid driver's license. • Must obtain and maintain all Criminal Justice Services mandated training as required by DCJS, Frederick County, NRADC and ODCS. • Criminal history check and periodic drug testing required. • No record of felony convictions and no record of misdemeanor convictions in the last 10 years_ Physical Requirements; This is operative work requiring the exertion of up to and exceeding 50 pounds of force occasionally and a negligible amount of force frequently or constantly to move objects. Regular required tasks include sitting, talking or hearing in person, in meetings and by telephone. The employee is frequently required to walk and stand, and occasionally required to climb, stoop, kneel, or crouch. Visual acuity is required for preparing and analyzing written or computer data, determining the accuracy and thoroughness of work, and observing general surrounding and activities. 33 Frederick 1, Salary Administration Title Program Vepartment Range ACCOUNT ANALYST TREASURER'S OFFICE 6 ACCOUNT CLERK FREDERICK COUNTY 3 ACCOUNTING SUPERVISOR FINANCE 9 ACCOUNTING TECHNICIAN NRADC 4 ADMINISTRATIVE ASSISTANT FREDERICK COUNTY 6 AIRPORT EXECUTIVE DIRECTOR WINCHESTER REGIONAL AIRPORT NC ANIMAL CARETAKER PUBLIC WORKS/ANIMAL SHELTER ANIMAL SHELTER MANAGER PUBLIC WORKS/ANIMAL SHELTER±:A ASAP CASE MANAGER NRADC/DCS 5 ASAP CASE MANAGER ASSISTANT NRADC/DCS 4 ASSESSOR I COMMISSIONER OF THE REVENUE 7 ASSESSOR 11 COMMISSIONER OF THE REVENUE 8 ASSESSOR III COMMISSIONER OF THE REVENUE 9 ASSISTANT CHIEF FIRE & RESCUE 12 ASSISTANT COUNTY ADMINISTRATOR COUNTY ADMINISTRATION NC ASSISTANT COUNTY ATTORNEY COUNTY ATTORNEY'S OFFICE lQ ASSISTANT COURT SERVICES DIRECTOR NRADC/DCS g ASSISTANT DIRECTOR PLANNING & DEVELOPMENT 12 ASSISTANT DIRECTOR, TRANSPORTATION PLANNING & DEVELOPMENT 12 ASSISTANT FINANCE DIRECTOR FINANCE i2 ASSISTANT PUBLIC WORKS DIRECTOR PUBLIC WORKS/ADMINISTRATION 11 ASSISTANT REGISTRAR REGISTRAR'S OFFICE 4 ASSISTANT SUPERINTENDENT NRADC 12 ASST ANIMAL SHELTER MANAGER PUBLIC WCRKS/ANIMAL SHELTER 6 ASST COMMONWEALTH ATTY COMM ATTORNEY'S OFFICE 10 ASST CONVENIENCE SITE SUPERVISOR PUBLIC WORKS/LANDFILL 4 ASST NURSING DIRECTOR NRADC 8 AUDITOR COMMISSIONER OF THE REVENUE 8 BASICREC MANAGER PARKS & RECREATION 7 BENEFITS ADMINISTRATOR HUMAN RESOURCES 6 BLDG OFFICIAL CODE ADMIN PUBLIC WORKS/INSPECTIONS 10 BOOKING TECHNICIAN NRADC 3 BUSINESS DIVISION/CHIEF ADMIN COMMISSIONER OF THE REVENUE 8 BUSINESS MANAGER NRADC 8 BUSINESS RETENTION MANAGER EDA g CAPTAIN SHERIFF'S OFFICE/NRADC 10 CASHIER TREASURER'S OFFICE 3 CERTIFIED MEDICATION ASSISTANT NRADC 2 CHIEF COMMUNITY CORRECTIONS NRADC/DCS 10 CIRCUIT COURT CLERK CLERK'S OFFICE NC CIVIL ENGINEER PUBLIC WORKS/ADMINISTRATION 9 COLLECTOR TREASURER'S OFFICE $ COMMISSIONER OF THE REVENUE COMMISSIONER OF THE REVENUE NC COMMONWEALTH'S ATTORNEY COMM ATTORNEY'S OFFICE NC COMMUNICATION OFFC I PUBLIC SAFETY COMMUNICATIONS 4 COMMUNICATION OFFC II PUBLIC SAFETY COMMUNICATION S COMMUNICATION OFFC III PUBLIC SAFETY COMMUNICATION 6 COMMUNICATIONS SHIFT SUPERVISOR PUBLIC SAFETY COMMUNICATIONS 7 COMMUNITY OUTREACH COORDINATOR SHERIFF'S OFFICE 5 CONVENIENCE SITE ATTENDANT PUBLIC WORKS/LANDFILL 1 CONVENIENCE SITE SUPV PUBLIC WORKS/LANDFILL S CORRECTIONAL INVESTIGATOR NRADC 5 CORRECTIONAL NURSE I NRADC 6 CORRECTIONAL NURSE 11 NRADC 6.5 34 Frederick County Salary Administration Program - March 2019 Title Department Range CORRECTIONAL NURSE III NRADC 7 CORRECTIONAL OFFICER I NRADC 5 CORRECTIONAL OFFICER II NRADC 6 CORRECTIONAL OFFICER III NRADC 7 CORRECTIONAL SYSTEM TECH. N RADC 5 CORRECTIONAL SYSTEMS OFFC NRADC 7 COUNTY ADMINISTRATOR COUNTY ADMINISTRATION INC COUNTY ATTORNEY COUNTY ATTORNEY'S OFFICE NC COURT SERVICES DIRECTOR NRADC/DCS 10 CRIME ANALYST SHERIFF'S OFFICE 6 CSA ACCOUNT SPECIALIST CHILDREN'S SERVICES 4 CSA COORDINATOR CHILDREN'S SERVICES 8 CSR (CUSTOMER SERVICE REPRESENTATIVE FC-ALL DEPT`S EXCEPT AIRPORT 2 CUSTODIAN MAINTENANCE 1 CUSTODIAN SUPERVISOR MAINTENANCE 3 CUSTOMER SERVICE REPRESENTATIVE WINCHESTER REGIONAL AIRPORT 2 CUSTOMER SERVICE TECHNICIAN PARKS & RECREATION 3 DATA COLLECTOR COMMISSIONER OF THE REVENUE 4 DATABASE ADMINISTRATOR/DEVELOPER INFORMATION TECHNOLOGY $. DEPUTY CHIEF FIRE & RESCUE 11 DEPUTY CLERK TO THE BOARD OF COUNTY ADMINISTRATION 10 DEPUTY CLERK/OPERATIONS CLERK'S OFFICE 6 DEPUTY COMMONWEALTH ATTORNEY COMM ATTORNEY'S OFFICE 1.2 DEPUTY COUNTY ADMINISTRATOR COUNTY ADMINISTRATION INC DEPUTY 1 SHERIFF'S OFFICE 5 DEPUTY II SHERIFF'S OFFICE 6 DEPUTY III SHERIFF'S OFFICE 7' DEPUTY TREASURER TREASURER'S OFFICE 12 DEPUTY TREASURER / COMPLIANCE TREASURER'S OFFICE 10 DEPUTY TREASURER OPS TREASURER'S OFFICE 12 DEPUTY REGISTRAR REGISTRAR'S OFFICE 5 DESIGN REVIEW SPECIALIST PUBLIC WORKS/INSPECTIONS 6 DIRECTOR OF ELECTIONS/GEN REGISTRAR REGISTRAR'S OFFICE NC EDA DIRECTOR EDA NC EMS BILLING MANAGER FIRE & RESCUE 4 EMS BILLING SPECIALIST FIRE & RESCUE 2 ENVIRONMENTAL INSPECTOR PUBLIC WORKS/ADMINISTRATION 5 ENVIRONMENTAL MANAGER PUBLIC WORKS/LANDFILL 9 ENVIRONMENTAL PROGRAM ADMINISTRATOR PUBLIC WORKS/ADMINISTRATION 8 ENVIRONMENTAL SAFETY TECH PUBLIC WORKS/LANDFILL 6 EVIDENCE CLERK SHERIFF'S OFFICE _ 4 EXTENSION TECHNICIAN VIRGINIA COOP EXTENSION 5 F&R BATTALION CHIEF FIRE & RESCUE 10 F&R CAPTAIN FIRE & RESCUE 9 F&R LIEUTENANT FIRE & RESCUE g F&R SPECIALIST FIRE & RESCUE 7 F&R TECHNICIAN FIRE & RESCUE 6 FINANCE DIRECTOR FINANCE NC FINANCE SPECIALIST FINANCE 6 FINANCE TECHNICIAN AIRPORT 3 FIRE CHIEF FIRE & RESCUE INC F4REFIGHTER/EMT FIRE & RESCUE 5 FLIGHT LINE TECH WINCHESTER REGIONAL AIRPORT 4 FOOD SERVICES MANAGER NRADC 8 FOOD SERVICES SUPERVISOR NRADC 3 GAS PLANT OPERATOR PUBLIC WORKS/LANDFILL 7 GIS ANALYST COMMISSIONER OF THE REVENUE 9 35 Frederick County Salary Administration Program - March 2019 GIS TECHNICIAN INFORMATION TECHNOLOGY/PLANNING 6 HEAD CUSTODIAN MAINTENANCE 2 HEAVY EQUIPMENT MECHANIC PUBLIC WORKS/LANDFILL 8 HR ASSISTANT HUMAN RESOURCES 3 HR DIRECTOR HUMAN RESOURCES NC HR GENERALIST HUMAN RESOURCES 6 HR MANAGER HUMAN RESOURCES 10 HR SPECIALIST HUMAN RESOURCES 4 INMATE PROGRAM SPECIALIST NRADC 5 INMATE PROGRAMS COORD NRADC 6 INSPECTOR PUBLIC WORKS/INSPECTIONS 7 INVESTIGATOR SHERIFF'S OFFICE 8; IT DIRECTOR INFORMATION TECHNOLOGY NC LABORER PUBLIC WORKS/LANDFILL SHAWNE€LAND 2 LANDFILL MANAGER PUBLIC WORKS/LANDFILL 10 LANDFILL OPERATIONS SUPERVISOR PUBLIC WORKS/LANDFILL 7 LANDFILL OPERATIONS MANAGER PUBLIC WORKS/LANDFILL 8 LANDFILL SPOTTER PUBLIC WORKS/LANDFILL 3 LANDFILL TECHNICIAN PUBLIC WORKS/LANDFILL 4 LEGAL SECRETARY COMM ATTY/CNTY ATTORNEY'S OFFICE 4f LIDS TECH/RECORDS SUPV INRADC 81 ULU I tIVAN I NKAUU/Si ftKIFF> ULF 1 9 LITIGATION SUPPORT MANAGER COMM ATTORNEY'S OFFICE 9 MAINTENANCE MECHANIC ASST WINCHESTER REGIONAL AIRPORT 4� MAINTENANCE SPECIALIST PARKS & REC/MAINTENANCE 61 MAINTENANCE SUPERVISOR MAINTENANCE/NRADC 8 MAINTENANCE SUPERVISOR ASSISTANT MAINTENANCE 7 MAINTENANCE TECHNICIAN AIRPORT/NRADC 4 MAINTENANCE WORKER MAINTENANCE 3 MAJOR/CHIEF DEPUTY SHERIFF'S OFFICE 11 MARKETING COORDINATOR PARKS & RECREATION 6 MARKETING MANAGER EDA 9' MENTAL HEALTH CONSULTANT NRADC 7 MENTAL HEALTH DIRECTOR NRADC 9 MIS DIRECTOR INFORMATION TECHNOLOGY NC MIS PROGRAMMER MIS DEPARTMENT _ 11 MORTGAGE SPECIALIST TREASURER'S OFFICE 7 MOTOR EQUIP OPERATOR PUBLIC WORKS/SHAWNEELAND 4 NETWORK ADMINISTRATOR INFORMATION TECHNOLOGY 9 NETWORK OPERATIONS MANAGER INFORMATION TECHNOLOGY 10 NURSING DIRECTOR NRADC 9 OPERATIONS MANAGER PARKS & RECREATION 8 OPERATONS SUPERINTENDENT PARKS & RECREATION 9 OPERATIONS SUPERVISOR AIRPORT/Public Safety Communications 9 P&R ASSISTANT DIRECTOR PARKS & RECREATION 10 P&R DIRECTOR PARKS & RECREATION NC P&R MARKETING MANAGER PARKS & RECREATION 7 P&R PROGRAM COORDINATOR PARKS & RECREATION S PARK & STEWARDSHIP PLANNER PARKS & RECREATION 8 PARK CARETAKER PARKS & RECREATION 2 PARK MANAGER PARKS & RECREATION 8 PARK TECHNICIAN PARKS & RECREATION 3 PARKS SUPERINTENDENT PARKS & RECREATION 9 PAYROLL MANAGER FINANCE 10 PC TECHNICIAN INFORMATION TECHNOLOGY 4 36 Frederick County Salary Administration Program - March 2019 Title Department Range PERMIT MANAGER PUBLIC WORKS/INSPECTIONS 7 PERMIT TECHNICIAN PUBLIC WORKS/INSPECTIONS 4 PERSONAL PROPERTY SUPV COMMISSIONER OF THE REVENUE 8 PLANNER PLANNING & DEVELOPMENT 9 PLANNING DIRECTOR PLANNING & DEVELOPMENT INC POST DISPOSITIONAL CASE MANAGER JUVENILE PROBATION OFFICE 4 PROBATE CLERK CLERK'S OFFICE 9 PROBATION OFFICER NRADC/DC5 5 PROGRAM COORDINATOR INFORMATION TECHNOLOGY 10 PROGRAM SUPERVISOR PARKS & RECREATION 7 PROJECT MANAGER PUBLIC WORKS/ADMINISTRATION 8 PROPERTY CLERK NRADC 3 PTS CASE MANAGER NRADC/DCS 5. PTS/PROBATION OFFICER NRADC/DCS 5 PUBLIC INFORMATION OFFICER COUNTY ADMINISTRATION 9. PUBLIC SAFETY DIRECTOR PUBLIC SAFETY COMMUNICATION NC PUBLIC WORKS DIRECTOR PUBLIC WORKS/ADMINISTRATION NC PURCHASING MANAGER FINANCE 10 REAL EST ASSESS CHIEF ADMiN COMMISSIONER OF THE REVENUE 11 RECORDS CLERK FREDERICK COUNTY 3 RECORDS CLERK II SHERIFF'S OFFICE 4 RECREATION SUPERINTENDENT PARKS & RECREATION 9 RECREATION TECHNICIAN PARKS & RECREATION 3 REVENUE ANALYST TREASURER'S OFFICE 7 RISK MGR BUDGET ANALYST FINANCE g SANITARY DISTRICT MANAGER PUBLIC WORKS/SHAWNEELAN D 8 SCALE OPER/CONVEN SITE ASST PUBLIC WORKS/LANDFILL 4 SCALE OPERATOR PUBLIC WORKS/LANDFILL 5 SCANNING TECHNICIAN CLERK'S OFFICE 4 SECRETARY FREDERICK COUNTY 3 SERGEANT SHERIFF'S OFFICE/NRADC 8 SHERIFF SHERIFF'S OFFICE NC SOLID WASTE COORDINATOR PUBLIC WORKS/LANDFILL 7 SOLID WASTE MANAGER PUBLIC WORKS/LANDFILL 8 SR ACCOUNT ANALYST TREASURER'S OFFICE 7 SR ACCOUNT CLERK FREDERICK COUNTY 4 SR ANIMAL CARETAKER PUBLIC WORKS/ANIMAL SHELTER 4 SR ASAP CASE MANAGER NRADC/DCS 7 SR COLLECTOR TREASURER'S OFFICE 10 SR DESIGN REVIEW SPECIALIST PUBLIC WORKS/INSPECTIONS 8 SR INSPECTOR PUBLIC WORKS/INSPECTIONS 8 SR LANDFILL TECHNICIAN PUBLIC WORKS/LANDFILL 5 SR LEGAL SECRETARY COMM ATTY/CNTY ATTORNEY'S OFFICE 5 SR MOTOR EQUIP OPERATOR PUBLIC WORKS/SHAWNEELAND 5 SR PERMIT TECHNICIAN PUBLIC WORKS/INSPECTIONS _ 5 SR PLANNER PLANKING & DEVELOPMENT 10 SR PROBATION CASE OFFC NRADC/DC S 4. SR PROGRAM COORDINATOR INFORMATION TECHNOLOGY 11 SR PROJECT MANAGER PUBLIC WORKS/ADMINISTRATION 10 SR RECORDS CLERK FREDERICK COUNTY 5 SR SECRETARY FREDERICK COUNTY 4 SUPERINTENDENT NRADC NC TREASURER TREASURER'S OFFICE NC VW PROGRAM ASST. MANAGER VICTIM/WITNESS PROGRAM 5 VW PROGRAM MANAGER VICTIM/WITNESS PROGRAM 7 VW PROGRAM OFFICE ASSISTANT VICTIM/WITNESS PROGRAM 3 WORK RELEASE SPECIALIST INRADC 5 37 Frederick County Salary Administration Program - March 2019 ZONING ADIVIKSTRATOR PLANNING & DEVELOPMENT $ ZONING INSPECTOR PLANNING & DEVELOPMENT S �Range 13 SALARY RANGES Adopted July 2I Minimum Progressrr•Advance $101:988 $117,254 $132,520 $147,787 Maximum $163,053 12 $90,750 $104,426 $117,996 $131,566 $145,242 11 $81,420 $93,612 $105,804 $117,996 $130,188 10 $69:759 $80,254 $90,750 $101,245 $111,741 9 $60:323 $69,441 $78:452 $87,463 $96,581 8 $53,114 $61,065 $69,017 $76,968 $84,919 7 $47,919 $55,128 $62,337 $69,547 $76,756 6 $427831 $49,191 $55,658 $62,125 $68.486 5 $39,014 $44:845 $50,676 $56:507 $62,337 4 $34,243 $39,438 $44,527 $49,616 $54,810 3 $31,275 $35,939 $40,604 $45,269 $49,934 2 $27,352 $31,487 $35,621 $39,756 $43,891 1 $23,536 $27,140 $30,639 $34,137 $37,742 W. Exhibit B (Material Handed Out at June 171, 2019 HR Committee Meeting) 39 HR Committee's Draft of Administrative Leave & Unsafe Conditions Policies County of Frederick Proposed Policy Changes 1.6 Definitions Administrative Closure shall be defined as work site closures authorized by the County Administrator due to unsafe conditions (e.g., inclement weather, hazardous circumstances, emergency situations, etc.). Vill. WORK HOURS, HOLIDAYS, LEAVE 8.11 Administrative Leave shall be defined as leave of absence with or without pay for the purpose of investigating or resolving work -related complaints, allegations, offenses, and/or charges which may result in formal disciplinary actions. In cases where compensation is not approved, paid time off or compensatory time may not be used. Administrative Leave may be used during an investigation when it is necessary to determine the validity of allegations against an employee for unacceptable job performance or conduct. If this action is exercised, written notice shall be given to the affected employee stating the grounds for the investigation, the date the Administrative Leave is to begin and, if possible, the dale the investigation is to be concluded. After the investigation is concluded, the employee should be notified of the results and given written notice of return to work or disciplinary action to be taken. XVII. UNSAFE CONDITIONS Unsafe Conditions shall be defined as a situation whereby the health or safety of citizens, clients, or employees would be placed at risk or that conditions or events prevent performance of regular operations, services or responsibilities. 17.1 Administrative Closure Designation/Notification Administrative Closure (as defined in this Policy) may be authorized by the County Administrator. In the case of Administrative Closure or delayed opening, employees shall be sent an automated message to their contact information of record. Additionally, the information will be posted on the County web site, social media sites, and the cable channel (Comcast Channel 16). Notification will be sent to the local radio stations - WINC and Q102. 17.2 Unsafe Conditions Leave In the event that an Administrative Closure has been authorized, this leave shall be recorded under the category of Unsafe Conditions Leave. Unsafe Conditions Leave for Non -Essential Employees Non -essential employees shall not be required to make up the time. An employee who is on scheduled paid leave during an Administrative Closure may charge Unsafe Conditions Leave in place of the scheduled paid leave (i.e., PTO, IDA and Camp). However, an employee on a regular scheduled day off will not receive credit for the Administrative Closure. 41 Unsafe Conditions for Essential Employees Essential employees are individuals whose duties must be performed regardless of Unsafe Conditions, and who must report to work despite an Administrative Closure. All essential (non-exempt and full-time) employees required by their supervisors to work during an Administrative Closure shall be paid for all hours worked during the Administrative Closure. Additionally, essential employees shall be granted Unsafe Conditions Leave for the time worked, up to a maximum of eight (8) hours per day. not to exceed 32 hours per fiscal year. Unsafe Conditions Leave hours accrued must be used within sixty (60) days (or two timesheet periods) or it will be forfeited. Any unused accrued Unsafe Conditions Leave will not be paid out at the time of termination. 17.3 Liberal Leave If there are Unsafe Conditions during normally scheduled work hours and there is no Administrative Closure, an employee shall be permitted, after appropriate contact with his/her Department Supervisor, to take Liberal Leave with the stipulation that the time must be made up within sixty (60) days. Liberal Leave make-up time shall be scheduled and approved by the Department Head. Should the time not be made up within sixty (60) days, the employee will be charged paid leave for time in arrears. 17.4 Timekeeping Unsafe Conditions Leave and Liberal Leave must both be accounted for on the timesheet. It shall be the Department Head's responsibility to oversee his/her employees' make-up time of Liberal Leave hours owed, and to reflect accurate balances in the appropriate column. When Liberal Leave make-up hours are applied to the regular working day(s) and the total amount then results in overtime, the excess hours are not eligible for overtime payment. The timesheets for essential employees who work during a delayed opening or Administrative Closure should reflect both the hours worked and Unsafe Conditions Leave. (Effective July 1, 20191 Formatted: Font: 9 pt 42 Exhibit C (Material Handed Out at June 17, 2019 HR Committee Meeting and Memo of June 25, 2019 on proposed modified language regarding reporting options) 43 "Track Changes" of Current vs. Proposed Anti -Discrimination and Anti -Harassment Policy XX• ANTI-DiSCRiMINATIONAND ANTI- Formatted: indent; Lek: 0", Hanging: 0.5" HARASSMENT -POLICY Frederick County is committed to a work environment in which all individuals are treated with respect and dignity. Each individual has the right to work in a professional atmosphere that promotes equal employment opportunities and prohibits discriminatory practices, including harassment. Purpose To define Frederick County's position regarding harassment and/or sexual harassment, to maintain a working environment that is free of discriminatory harassment and/or sexual harassment in accordance with Title VII of the Civil Rights Act of 1964 and all other applicable laws, and to communicate Frederick County's actions to any such conduct. Policy: Frederick Coun is committed to maintaining a work environment that is free of Formatted: Font color. Blue discrimination. In keeping with this commitment, discrimination or harassment on the basis of sex(including regnancv_ childbirth. and rciated medical conditions, and sex stereotyping), sexual orientation, color. race, religion.national origin age disability, genetic information marital status military service or 12rotecied veteran status or any other Protected characteristic under applicable law is prohibited. Any employee found to have engaged in prohibited discrimination or harassment will be subiect to discipline up to and including tennination. For purposes of this policy, harassment includes verbal or ohvsical conduct that denigrates or shows hostility toward an individual or conduct that creates an intimidating- hostile or offensive working environment for an individual because of the individual's protected characteristic. Such conduct may include, but is not necessari1v limited lo. Slurs, epithets_ Threats. derogatory comments or visual depictions. unwelcome ,iokes and teasing, stereavoina. _insulting or obscene comments or gestures, display or circulation in the workplace of written or graphic material that denigrates or shows bostilinv or aversion toward the individual or group, or other verbal or physical actions_ relating to an individual's protected characteristic. Because there is often contusion related to the niganing of sexual harassment it deserves additional clarification. Sexual harassment includes anv unwelcome sexual conduct (including sexual advances, requests for sexual favors, and other verbal and ohvsical conduct of a sexual nature) when (1 )submission to the conduct is an explicit or implicit term or condition of employ ment. (2) submission to or rejection of the conduct is used as the basis for an emplovtnent decision affecting the individual, or (3) the conduct has the t)urpose or effect of unreasonably interfering with an individual's work verforniance. or creating an intimidating, hostile, or offensn'e working environmentµ Sexual harassment can take many forms. The. following is a partial list of the types of behavior that could constitute sexual harassment: 45 • Unwanted or unwelcome physical contact or condtwt.nf any kind. including, patting, pinching, brushing tip against. hugging, cornering, kissing, fondling, or any other similar physical contact: • Verbal abuse of a sexual nature, including sexual flirtations, advances, Propositions. sexual innuendoes, sexually suggestive, insulting or graphic comments noises or sounds. • Sexually explicit, suggestive or offensive jokes: • Demeaning, insulting, intimidating, or sexually suggestive comments about an individual's dress. body appearance, or personal life-, • The displav or distribution in the workplace of demeaning. insulting. intimidating. or sexually suggestive obiects or pictures. including nude photographs, drawings. or magazine pictures: and + Demeaning, insulting, intimidating. or sexually suggestive written, recorded or electronically transmitted messages. To violate the law, harassment must reach a certain level of seriousness in terms of its nature. repetition, and/or impact on employntent. This policyhowever, not only prohibits unlawful harassment, but also offensive conduct that is contrary to Frederick County's core values. Thus, Frederick Countyj may take action to address offensive behavior or statements based on a person's protected characteristic even il' such action(s) standing alone would not rise to the level of unlawful harassment. W. n m-, Reporting Obfi ations Any employee who feels lie or she has been subjected to or has witnessed any kind of� harassing behavior, as described in this polio-. should hnmediately notifv the Director of I luman Resources. A supervisor who becomes aware of any harassmeN or who receives allegations of harassment from anv em lovee. must immediately advise the Director of Human Resources. All complaints will be investigated in a timely manner and confidentiali will bey maintained to the extent permitted by the circumstances consistent with the need to investigate and address the issue. Employees must cooperate fully and truthfully in any investigation relating to this policy. Dependingon n the results of the investigation Frederick County may take corrective action, including, such discipline as is appropriate up to and including immediate termination of the emplovice. rNo Retaliation rederick County forbids retaliation against any employee for making a good faith - complaint or cooperating fully and truthfully in an investigation tinder this policy. Any employee who is found to have engaged in retaliation in violation of this policy will be Formatted: Font color. Blue Formatted: Underline, Font color. Blue Formatted: Font color. Blue Formatted: Indent Left: 0.5" Formatted: Indent Left: 0.5' 47 subiect to discipline, up to and including termination. If an employee believes he or she has been retaliated against in violation of this policy, the employee must report such violation in the same way other violations of this policy are reported. Individuals and Conduct Covered This policy prohibits harassment, discrimination and retaliation whether en4jaged ink, or directed at, employees, contractors, clients, vendors. or others an employee mnv conic into contact with while working or representing the County. Conduct prohibited by this policy is unacceptable in the workplace and in any work -related setting outside the workplace, such as during business trips, business meetings and business -related social events. r,�rsne!esrerrlearn��nnrs.. ... .. .. .. _ -- - -- • - isle Updated/Approved: 05J22 J2 013 Formatted: Underline, Font color. Blue Formatted: Font color. Blue Formatted: Indent: Left: 0.5" W. • Proposed Anti -Discrimination and Anti -Harassment Policy i• XX. ANTI-DISCRIMINATIONAND ANTI -HARASSMENT POLICY Frederick County is committed to a work environment in which all individuals are treated with respect and dignity. Each individual has the right to work in a professional atmosphere that promotes equal employment opportunities and prohibits discriminatory practices, including harassment. Purpose To define Frederick County's position regarding harassment and/or sexual harassment, to maintain a working environment that is free of discriminatory harassment and/or sexual harassment in accordance with Title VII of the Civil Rights Act of 1964 and all other applicable laws. and to communicate Frederick County's actions to any such conduct. Poles Frederick County is committed to maintaining a work environment that is free of discrimination. In keeping with this commitment, discrimination or harassment on the basis of sex (including pregnancy, childbirth, and related medical conditions, and sex stereotyping), sexual orientation, color, race, religion, national origin, age, disability, genetic information, marital status, military service or protected veteran status, or any other protected characteristic under applicable law is prohibited. Any employee found to have engaged in prohibited discrimination or harassment will be subject to discipline, up to and including termination. For purposes of this policy, harassment includes verbal or physical conduct that denigrates or shows hostility toward an individual or conduct that creates an intimidating, hostile, or offensive working environment for an individual because of the individual's protected characteristic. Such conduct may include, but is not necessarily limited to, slurs, epithets, threats, derogatory comments or visual depictions, unwelcome jokes and teasing, stereotyping, insulting or obscene comments or gestures, display or circulation in the workplace of written or graphic material that denigrates or shows hostility or aversion toward the individual or group, or other verbal or physical actions relating to an individual's protected characteristic. Because there is often confusion related to the meaning of sexual harassment, it deserves additional clarification. Sexual harassment includes any unwelcome sexual conduct (including sexual advances, requests for sexual favors, and other verbal and physical conduct of a sexual nature) when (1) submission to the conduct is an explicit or implicit term or condition of employment, (2) submission to or rejection of the conduct is used as the basis for an employment decision affecting the individual, or (3) the conduct has the purpose or effect of unreasonably interfering with an individual's work performance, or creating an intimidating, hostile, or offensive working environment. Sexual harassment can take many forms. The following is a partial list of the types of behavior that could constitute sexual harassment: 50 • Unwanted or unwelcome physical contact or conduct of any kind, including, patting, pinching, brushing up against, hugging, cornering, kissing, fondling, or any other similar physical contact; • Verbal abuse of a sexual nature, including sexual flirtations, advances, propositions, sexual innuendoes, sexually suggestive, insulting or graphic comments, noises, or sounds; • Sexually explicit, suggestive or offensive jokes, • Demeaning, insulting, intimidating, or sexually suggestive comments about an individual's dress, body, appearance, or personal Iife; • The display or distribution in the workplace of demeaning, insulting, intimidating, or sexually suggestive objects or pictures, including nude photographs, drawings, or magazine pictures, and • Demeaning, insulting, intimidating, or sexually suggestive written, recorded or electronically transmitted messages. To violate the law, harassment must reach a certain level of seriousness in terrns of its nature, repetition, and/or impact on employment. This policy, however, not only prohibits unlawful harassment, but also offensive conduct that is contrary to Frederick County's core values. Thus, Frederick County may take action to address offensive behavior or statements based on a person's protected characteristic even if such action(s) standing alone would not rise to the level of unlawful harassment. Renortine Obligations Any employee who feels he or she has been subjected to, or has witnessed, any kind of harassing behavior, as described in this policy, should immediately notify the Director of Human resources. A supervisor who becomes aware of any harassment, or who receives allegations of harassment from any employee, must immediately advise the Director of Human Resources. All complaints will be investigated in a timely manner and confidentiality will be maintained to the extent permitted by the circumstances consistent with the need to investigate and address the issue. Employees must cooperate fully and truthfully in any investigation relating to this policy. Depending on the results of the investigation, Frederick County may take corrective action, including such discipline as is appropriate, up to and including immediate termination of the employee. No Retaliation Frederick County forbids retaliation against any employee for making a good faith complaint or cooperating fully and truthfully in an investigation under this policy. Any employee who is found to have engaged in retaliation in violation of this policy will be subject to discipline, up to and including termination. If an employee believes he or she has been retaliated against in violation of this policy, the employee must report such 51 violation in the same way other violations of this policy are reported. Individuals and Conduct Covered This policy prohibits harassment, discrimination and retaliation whether engaged in by, or directed at, employees, contractors, clients, vendors, or others an employee may come into contact with while working or representing the County. Conduct prohibited by this policy is unacceptable in the workplace and in any work -related setting outside the workplace, such as during business trips, business meetings and business -related social events. UpdatedlApproded: 52 County of Frederick W uWuuY1WYWMNLYWW WWluu WuuW.WWlyuyyWlLluNuuu„uuyyWgWIIIdMWWuuuw[yuiulWIWYYIWWI..Wuuu....wWIW6W4WYYYWIHIWYWluluuuawuYWNuwlwl wyuuyyW.uWYW4YUWuuIWI Michael J. Marciano Director of Human Resources (540) 665-5668 Fax: (540) 665-5669 Michael. Marciano@fcva.us TO: Board of Supervisors FROM: Michael J. Marciano DATE: June 25, 2019 SUBJECT: Modification to Reporting Approach Under Updated "Anti -Discrimination and Anti - Harassment" Policy euuwuWWlu[u[IIW.IWWW..Y....IYY[IY.uu.luuY.Yl.......... WYI.uY11...... W lunwwuluY[YYIYW W wuWWIl11YI11YY.Y[...[..1.Y[YUHYYYI Wli.u.uul..lLLlllllulYl..LLIW IY W LLIUYUW uY.YlwuuLLUYLl....... .u.YwwY.l At the Human Resources Committee meeting held on June 17, 2019, an updated "Anti - Discrimination and Anti -Harassment" policy was recommended to the Board of Supervisors for approval. Subsequent to that meeting, I reflected on the fact that the new policy did not provide multiple avenues of reporting any claim of harassment; rather, it requested that all claims of harassing behavior should be reported to the Director of Human Resources. Since it can be difficult for employees to come forward and report harassment to the Human Resources Department, my suggested modification is that multiple avenues of reporting be provided. To that end, the modified policy would be worded as follows: "Any employee who feels he or she has been subjected to, or has witnessed, any kind of harassing behavior, as described in this policy, should immediately notify your supervisor, Department Head, or Director of Human Resources." A complete version of the modified policy is attached for the Board of Supervisors' reference and consideration. 53 107 North Kent Street, Winchester, VA 22601 XX, ANTI-DISCRIMINATIONAND ANTI -HARASSMENT POLICY Frederick County is committed to a work environment in which all individuals are treated with respect and dignity. Each individual has the right to work in a professional atmosphere that promotes equal employment opportunities and prohibits discriminatory practices, including harassment. Purpose To define Frederick County's position regarding harassment and/or sexual harassment, to maintain a working environment that is free of discriminatory harassment and/or sexual harassment in accordance with Title VII of the Civil Rights Act of 1964 and all other applicable laws, and to communicate Frederick County's actions to any such conduct. Policy Frederick County is committed to maintaining a work environment that is free of discrimination. In keeping with this commitment, discrimination or harassment on the basis of sex (including pregnancy, childbirth, and related medical conditions, and sex stereotyping), sexual orientation, color, race, religion, national origin, age, disability, genetic information, marital status, military service or protected veteran status, or any other protected characteristic under applicable law is prohibited. Any employee found to have engaged in prohibited discrimination or harassment will be subject to discipline, up to and including termination. For purposes of this policy, harassment includes verbal or physical conduct that denigrates or shows hostility toward an individual or conduct that creates an intimidating, hostile, or offensive working environment for an individual because of the individual's protected characteristic. Such conduct may include, but is not necessarily limited to, slurs, epithets, threats, derogatory comments or visual depictions, unwelcome jokes and teasing, stereotyping, insulting or obscene comments or gestures, display or circulation in the workplace of written or graphic material that denigrates or shows hostility or aversion toward the individual or group, or other verbal or physical actions relating to an individual's protected characteristic. Because there is often confusion related to the meaning of sexual harassment, it deserves additional clarification. Sexual harassment includes any unwelcome sexual conduct (including sexual advances, requests for sexual favors, and other verbal and physical conduct of a sexual nature) when (1) submission to the conduct is an explicit or implicit term or condition of employment, (2) submission to or rejection of the conduct is used as the basis for an employment decision affecting the individual, or (3) the conduct has the purpose or effect of unreasonably interfering with an individual's work performance, or creating an intimidating, hostile, or offensive working environment. Sexual harassment can take many forms. The following is a partial list of the types of behavior that could constitute sexual harassment: 54 • Unwanted or unwelcome physical contact or conduct of any kind, including, patting, pinching, brushing up against, hugging, cornering, kissing, fondling, or any other similar physical contact; • Verbal abuse of a sexual nature, including sexual flirtations, advances, propositions, sexual innuendoes, sexually suggestive, insulting or graphic comments, noises, or sounds; • Sexually explicit, suggestive or offensive jokes; • Demeaning, insulting, intimidating, or sexually suggestive comments about an individual's dress, body, appearance, or personal life; • The display or distribution in the workplace of demeaning, insulting, intimidating, or sexually suggestive objects or pictures, including nude photographs, drawings, or magazine pictures; and • Demeaning, insulting, intimidating, or sexually suggestive written, recorded or electronically transmitted messages. To violate the law, harassment must reach a certain level of seriousness in terms of its nature, repetition, and/or impact on employment. This policy, however, not only prohibits unlawful harassment, but also offensive conduct that is contrary to Frederick County's core values. Thus, Frederick County may take action to address offensive behavior or statements based on a person's protected characteristic even if such action(s) standing alone would not rise to the level of unlawful harassment. Reporting Obligations Any employee who feels he or she has been subjected to, or has witnessed, any kind of harassing behavior, as described in this policy, should immediately notify theyour supervisor, Department Head, or Director of Human resources. A supervisor or Department Head who becomes aware of any harassment, or who receives allegations of harassment from any employee, must immediately advise the Director of Human Resources. All complaints will be investigated in a timely manner and confidentiality will be maintained to the extent permitted by the circumstances consistent with the need to investigate and address the issue. Employees must cooperate fully and truthfully in any investigation relating to this policy. Depending on the results of the investigation, Frederick County may take corrective action, including such discipline as is appropriate, up to and including immediate termination of the employee. No Retaliation Frederick County forbids retaliation against any employee for making a good faith complaint or cooperating fully and truthfully in an investigation under this policy. Any employee who is found to have engaged in retaliation in violation of this policy will be subject to discipline, up to and including termination. If an employee believes he or she 55 has been retaliated against in violation of this policy, the employee must report such violation in the same way other violations of this policy are reported. Individuals and Conduct Covered This policy prohibits harassment, discrimination and retaliation whether engaged in by, or directed at, employees, contractors, clients, vendors, or others an employee may come into contact with while working or representing the County. Conduct prohibited by this policy is unacceptable in the workplace and in any work -related setting outside the workplace, such as during business trips, business meetings and business -related social events. Updated/Approved: 56 Exhibit D (Material Handed Out at June 17, 2019 HR Committee Meeting) 57 Employee Recognition County of Frederick I Employee of the Month ' domination Form Received: (FIR use) Do you know of an employee who - Exhibits EXTRA effort... Goes ABOVE AND BEYOND the requirements of his or her position... Provides OUTSTANDING service... Makes a significant contribution, accomplishment or achievement to the County of Frederick and its Criteria for Employee Recognition: Please mark the appropriate contribution(s): ® Critical Thinking and Problem Solving JE Customer Service (Exceptional) © Dependabiiity M Innovation/Creativity a Integrity x❑ Interpersonal Skills d Leadership Qualities ❑ Monetary Savings Ideas 0 Perform anceiSkilI Level ❑ Positive Attitude ® Professionalism [E Superior Accomplishment ❑ Project r7 Other Quality x❑ Resourcefulness ❑ Safe Work Practices Employee Name: G-TeQ E. Larc- e Department: , Nomination Submitted t3y; ; + department: � , sus, W -3 <94"'Ci Nominator's Sig natvr - - — -- -� �?� t Date; i Describe the employee's accomplishments/contributions that were ABOVE AND BEYOND the normal duties expected of the position. Describe how the employee provided exceptional service: Deputy Lambert was assigned to the Drug Court during it's implementation. During his tenure there he has been an integral part of it working. He spend many hours making the program work and dealing with people of addiction. Deputy Lambert is tireless in his efforts to assist recovering addicts and, on more than one occasion, has purchased shoes, toiletries or other essentials for program participants who were without the financial means to buy those items. He brings meaningful insights to the commitment of individuals in their recovery and has an intense working knowledge of the people he is charged with supervising. I am proud of the work he does. Specifically describe the actions that meet the criteria of this award. Describe the value added to the department, team or organization. He acts in the capacity of law enforcement officer, counselor, probation officer, healer, friend, father confessor and sounding board for each of the people participating in the drug court program and without his assistance, expertise and caring commitment to program goals, chug court would cease to function. Greg goes well above the call of duty working long hours with a, sometimes, difficult population and never complains or shirks his responsibilities. He is tough but compassionate• with the drug court participants offering counsel as well as constructive criticism when appropriate. 59 Item # 6.0 Board of Supervisors Agenda Item Detail Meeting Date: July 10, 2019 Agenda Section: Consent Agenda Submitted by: Parks & Recreation Commission Item Type: Committee Report Item Title: Parks & Recreation Commission Report of 6-11-19 Attachments: Parks & Rec Commission Report - June 2019.pdf PARKS AND RECREATION COMMISSION REPORT to the BOARD OF SUPERVISORS Wednesday July 10, 2019 7:00 p.m. 107 NORTH KENT STREET, WINCHESTER, VIRGINIA To: Jay Tibbs, Deputy County Administrator for Human Services From: Jason L. Robertson, Director, Parks & Recreation Dept. Date: June 12, 2019 Subject: Parks and Recreation Commission Action The Parks and Recreation Commission met on June 11, 2019. Members present were: Guss Morrison, Christopher Fordney, Gary Longerbeam, Amy Strosnider, Charles Sandy, Jr., Natalie Gerometta, Ronald Madagan, Randy Carter, and Robert Wells (Board of Supervisors' Non - Voting Liaison). ITEMS REQUIRING ACTION BY BOARD OF SUPERVISORS: None ITEMS SUBMITTED FOR INFORMATION ONLY 1. The Commission approved not entering into a long-term lease agreement with the Winchester Model Railroad Club for use of space at the Snowden Bridge Park location storage building. 2. The Commission approved sending the attached letter of appreciation to the Scully Family for their donation of 8 parcels of land along the Abrams Creek in the trail corridor. 3. The Commission approved sending a letter of interest for a grant opportunity that would assist in the installation of a bike park at NW Sherando Park. If accepted, staff would follow the County Grant approval process and apply for the grant in October of 2019. Cc: Charles R. Sandy, Chairman Robert Wells, Board of Supervisors' Non -Voting Liaison 61 COUNTY of Fj,. - - - Aarltc nnr# P pt-n mint P June ,2019 Thomas G. Scully, Jr., Katharine Scully Frazee, and Tucker Scully Ramaden c/o Thomas G. Scully, Jr. 3050 Valley Avenue, Suite 110 Winchester, VA 22601 Dear Thomas G. Scully, Jr., Katharine Scully Frazee, and Tucker Scully Ramadan, Thank you for your generous gift of land to the citizens'o# Fredef ick County. The Parks and Recreation Department is appreciative of your suoport.' Through your donation, you have made it possible for us to create the Abrams Creek Trail, a unique'rerreaion-and leisure' -amenity along the beautiful Abrams Creek waterway. This donation will make a tranilormative difFereYue in our community with benefits lasting for many years to come. The top ranked recreation amenity desire in Fred�ri& County is f6r.shared-use trails. The properties you have donated along Abrams Cre0k will allow u§p @ddress this top desire of area residents with the Abrams Creek Trail. Through your donation we can support a healthy, vibrant community. For this we are truly grateful! If you hav# any questions or Comments, please do not hesitate to contact us. Sincerely, Jason L. Robertson Director Charles "Rusty" Sandy, Jr. Chairman, P&R Commission 62 Item # 6.D Board of Supervisors Agenda Item Detail Meeting Date: July 10, 2019 Agenda Section: Consent Agenda Submitted by: Public Works Committee Item Type: Committee Report Item Title: Public Works Committee Report of 6-25-19 Attachments: Public Works 06-25-19 COMMITTEE REPORT.pdf 63 PUBLIC WORKS COMMITTEE REPORT to the BOARD OF SUPERVISORS Tuesday, June 25, 2019 8:00 a.m. 107 NORTH KENT STREET, SUITE 200, WINCHESTER, VIRGINIA PUBLIC WORKS COMMITTEE ATTENDEES: Committee Members Present: J. Douglas McCarthy, Chairman; Gary A. Lofton; Gene E. Fisher; and Harvey E. "Ed" Strawsnyder, Jr. Committee Members Absent: Whitney "Whit" L. Wagner Staff and others present: Joe C. Wilder, Director of Public Works; Rod Williams, County Attorney; Kris Tierney, County Administrator; Jay Tibbs, Deputy County Administrator, Gloria Puffinburger, Solid Waste Manager; Brandon Wyatt, intern; Ron Kimble, Landfill Manager; Michael Neese, City of Winchester Public Works. Attachment 1—Agenda Packet ITEM FOR INFORMATION ONLY 1-Update on the replacement of the Albin Convenience Center Staff gave a brief update about the Albin Convenience Center located at the old transportation facility (SFW). The Frederick County School Board approved the resolution to provide a perpetual easement for the construction of a new citizen convenience center and associated improvements. Also, they approved the resolution and deed of gift for the old Bryarly school site where our current convenience center is located. The deed still listed ownership by the school board and now the county can dispose of the property once our new replacement site is construction and in use. 2-State of Recycling in Frederick County. Frederick County received notice from our recycling vendor, Southern Scrap that after August 13, 2019, they will no longer receive our recycled goods. The committee met and staff discussed short-term and long-term options and solutions concerning the future of the county's recycling program. We briefed the group about a potential study to be conducted by SCS Engineers which would include the landfill service area of Frederick, Clarke and Winchester. The study will explore the municipal and business sector recycling needs, tonnages and feasibility of constructing a materials recovery facility (MRF) or sorting facility on landfill property. Results of this study have been requested prior to the start of the budget season in October 2019. A second, regional feasibility study is supported by the members of the Northern Shenandoah Valley Regional Planning District's Solid Waste Technical Committee. The planning district will head up this study which will include representatives from cities, towns and counties in the planning district, all of which are faced with tough decisions regarding the future of their recycling programs. The group will also solicit input and data from private haulers and other stakeholders. The long-term study will be funded from reserve monies included in the Regional Tire Operation Program (RTOP), already a planning district cooperative effort. (Attachment 2) In the near short term, staff is in negotiations with the county's local recycler to enter into a limited term contract which will maintain the recycling program until the end of the calendar year 2019. The county will be asked to pay processing fees for the first time in recent history. The revenue derived from the sale of materials no longer offsets operational and labor costs. This is a permanent shift across the United States as municipal programs are being required to pay more in order to maintain levels of service in the face of national and international market unrest. Once a proposal is submitted, the committee will meet again and make a recommendation to the board. In the interim, staff has also prepared a Request for Quotes for advertisement. The county's current agreement with its vendor ends on August 13. The Public Works Committee also discussed the option of suspending the recycling program and landfill all materials, at a cost of about $65,500 per year which includes the following: 64 • Lost rebates for recyclables • Increased tipping fees paid to the landfill for trash • Increased trash hauling costs which are not completely offset by the cost avoidance of hauling recyclables • Loss of landfill air space and associated tipping fees at the landfill Other impacts include logistical issues at the convenience sites, such as reduced operational hours on weekends and holidays at some locations (i.e.; Greenwood, Albin, Gore, Double Toll Gate). When sites reach capacity and the landfill is closed, staff will likely be forced to close early due to a lack of waste diversion. Staffs goal is to provide as many options as possible to allow the Board of Supervisors to make the best decisions for the county. We will continue to work through this very fluid situation and provide regular updates and information to the Board and Administration. Respectfully submitted, Public Works Committee J. Douglas McCarthy, Chairman Gary A. Lofton Robert W. Wells Whitney "Whit" L. Wagner Gene E. Fisher Harvey E. "Ed" Strawsnyder, Jr. By Joh er Public Works Director JCW/kco Attachments: as stated cc: Kris Tierney, County Administrator Jay Tibbs, Deputy County Administrator Ron Kimble, Landfill Manager Gloria Puffinburger, Solid Waste Manager Rod Williams, County Attorney Erin Swisshelm, Assistant County Attorney file 65 Attachment 1 COUNTY of FREDERICK Department of Public Works 540/665-5643 FAX: 540/678-0682 MEMORANDUM TO: Public Works Committee FROM: Joe C. Wilder, Director of Public Works J�U/ SUBJECT: Meeting of June 25, 2019 DATE: June 20, 2019 There will be a meeting of the Public Works Committee on Tuesday, June 25, 2019 at 8:00 a.m. in the conference room located on the second floor of the north end of the County Administration Building at 107 North Kent Street, Suite 200. The agenda thus far is as follows: 1. Update and discussion regarding the recycling program for Frederick County. 2. Miscellaneous Reports: a. Tonnage Report: Landfill (Attachment 1) b. Recycling Report (Attachment 2) C. Animal Shelter Dog Report: (Attachment 3) d. Animal Shelter Cat Report (Attachment 4) JCW/kco Attachments: as stated 107 North Kent Street, Second Floor, Suite 200 9 Winchester, Virginia 22601-5000 COUNTY of FREDERICK Department of Public Works 5401665-5643 FAX: 540/ 678-0682 I►I 1110 to] :7:1►11111►I 1 TO: Public Works Committee FROM: Joe C. Wilder, Director of Public Works SUBJECT: Monthly Tonnage Report - Fiscal Year 18/19 DATE: June 20, 2019 The following is the tonnage for the months of July 2017 through June 2018, and the average monthly tonnage for fiscal years 03/04 through 18/19. FY 03-04: AVERAGE PER MONTH: FY 04-05: AVERAGE PER MONTH: FY 05-06: AVERAGE PER MONTH: FY 06-07: AVERAGE PER MONTH: FY 07-08: AVERAGE PER MONTH: FY 08-09: AVERAGE PER MONTH: FY 09-10: AVERAGE PER MONTH: FY 10-11: AVERAGE PER MONTH: FY 11-12: AVERAGE PER MONTH: FY 12-13: AVERAGE PER MONTH: FY 13-14: AVERAGE PER MONTH: FY 14-15: AVERAGE PER MONTH: FY 15-16: AVERAGE PER MONTH: FY 16-17: AVERAGE PER MONTH: FY 17-18: AVERAGE PER MONTH: FY 18-19: AVERAGE PER MONTH: 16,348 TONS (UP 1,164 TONS) 17,029 TONS (UP 681 TONS) 17,785 TONS (UP 756 TONS) 16,705 TONS (DOWN 1,080 TONS) 13,904 TONS (DOWN 2,801 TONS) 13,316 TONS (DOWN 588 TONS) 12,219 TONS (DOWN 1,097 TONS) 12,184 TONS (DOWN 35 TONS) 12,013 TONS (DOWN 171 TONS) 12,065 TONS (UP 52 TONS) 12,468 TONS (UP 403 TONS) 13,133 TONS (UP 665 TONS) 13,984 TONS (UP 851 TONS) 14,507 TONS (UP 523 TONS) 15,745 TONS (UP 1,238 TONS) 16,601TONS (UP 856 TONS) MONTH FY 2017-2018 FY 2018-2019 JULY 15,465 17,704 AUGUST 17,694 18,543 SEPTEMBER 16,813 14,799 OCTOBER 15,853 18,158 NOVEMBER 16,109 15,404 DECEMBER 12,644 14,426 JANUARY 13,295 13,973 FEBRUARY 13,100 12,764 MARCH 15,510 17,079 APRIL 15,469 20,313 MAY 18,755 19,443 JUNE 18,228 JCW/gmp 67 RECYCLING REPORT - FY 18/19 AL STEEL MONTH GLASS PLAST CANS CANS PAPER OCC SHOES/TEX ELEC SCRAP TOTAL JUL 40,320 1,945 4,620 78,140 98,621 9,500 68,580 292,300 594,026 AUG 38,580 4,855 7,925 90,020 98,500 9,220 24,680 300,180 573,960 SEP 32,600 3,120 6,560 65,600 88,380 5,380 52,200 211,500 465,340 OCT 37,778 4,140 7,580 99,480 92,960 51,340 255,960 549,238 NOV 49,965 5,432 12,245 82,740 126,335 25,960 246,374 549,051 DEC 35,340 3,710 8,650 71,280 118,920 3,600 28,040 171,800 441,340 JAN 50,800 2,415 7,500 91,800 114,400 8,604 53,180 172,520 501,219 FEB 37,780 5,845 12,244 111,735 124,380 5,020 26,980 117,220 441,204 MAR 26,820 3,300 7,290 75,680 87,320 25,580 228,501 454,491 APR 37,000 3,700 7,229 65,560 92,790 5,200 53,820 315,860 581,159 MAY 27,660 4,110 7,370 85,640 100,360 6,500 32,540 394,680 658,860 JUN 0 TOTAL 0 0 FY 17-18 0 465,080 53,224 94,530 1,043,120 1,080,087 37,260 536,420 2,874,709 6,184,430 FY 16-17 372,600 430,435 41,002 89,976 1,082,737 1,009,153 37,220 495,500 2,687,241 6,245,864 FY 15-16 919,540 428,300 52,077 97,252 1,275,060 974,493 48,820 480,400 2,376,344 6,652,286 FY 14-15 895,600 407,703 40,060 97,515 1,272,660 893,380 49,440 532,283 1,890,729 6,079,370 FY 13-14 904,780 417,090 39,399 99,177 1,281,105 902,701 37,800 611,580 1,639,225 5,932,937 FY 12-13 913,530 410,338 45,086 102,875 1,508,029 878,450 39,700 502,680 1,321,938 5,722,626 FY 11-12 865,380 398,320 43,884 99,846 1,492,826 840,717 37,920 484,600 1,432,678 5,696,171 FY 10-11 949,185 378,452 42,120 98,474 1,404,806 824,873 41,700 467,920 1,220,107 5,427,637 FY09-10 1,123,671 370,386 42,844 96,666 1,235,624 671,669 21,160 435,680 1,348,398 5,346,098 FY08-09 762,810 322,928 23,473 55,246 1,708,302 564,957 28,780 404,760 1,097,151 4,968,407 FY07-08 794,932 284,220 15,783 40,544 1,971,883 545,692 0 498,110 1,172,880 5,324,044 FY06-07 600,464 200,720 11,834 29,285 1,684,711 441,321 0 382,574 550,070 3,900,979 FY05-06 558,367 190,611 12,478 28,526 1,523,162 381,469 204,220 2,898,833 FY04-05 549,527 193,224 11,415 27,525 1,552,111 273,707 25,080 2,632,589 FY03-04 541,896 174,256 11,437 31,112 1,443,461 156,870 336,230 2,695,262 FY02-03 413,627 146,770 9,840 23,148 1,381,195 62,840 171,680 2,209,100 FY01-02 450,280 181,040 10,565 25,553 1,401,206 54,061 58,140 2,180,845 FY 00-01 436,615 198,519 10,367 24,988 1,759,731 9,620 2,439,840 FY99-00 422,447 177,260 10,177 22,847 1,686,587 44,180 2,363,498 FY 98-99 402,192 184,405 9,564 22,905 1,411,950 48,810 2,079,826 FY97-98 485,294 136,110 13,307 29,775 1,830,000 2,494,486 FY96-97 373,106 211,105 23,584 46,625 1,690,000 2,344,420 FY 95-96 511,978 167,486 28,441 44,995 1,553,060 2,305,960 TO DATE 14,247,821 6,009,678 548,737 1,234,855 33,150,206 8,547,406 342,540 6,225,034 17,634,721 87,941,078 •: ON HAND AT MONTH FIRST OF MONTH JULY 36 AUG 37 SEP 48 OCT 53 NOV 47 DEC 40 JAN 36 FEB 32 MAR 36 APR 31 MAY 38 JUN TOTAL 434 FREDERICK COUNTY ESTHER BOYD ANIMAL SHELTER FY 2018-2019 DOG REPORT RECEIVED BROUGHT IN BITE BORN AT DIED AT ESCAPED/ CARRIED OVER AT KENNEL BYACO CASES KENNEL ADOPTED RECLAIMED DISPOSED KENNEL STOLEN NEXT MONTH 29 36 1 0 29 35 1 0 0 37 41 36 2 0 29 36 2 1 0 48 33 41 2 0 29 38 4 0 0 53 28 24 2 0 37 19 4 0 0 47 28 22 4 0 39 21 1 0 0 40 32 11 0 0 37 8 2 0 0 36 29 24 2 0 32 22 5 0 0 32 19 32 0 0 23 22 2 0 0 36 23 31 1 0 35 22 3 0 0 31 25 31 0 0 21 27 0 1 0 38 53 49 3 14 27 49 1 0 0 80 340 337 17 14 338 299 25 2 0 478 In the month of May - 157 dogs in and out of kennel. 2 dogs transferred to other agencies. lw ON HAND AT MONTH FIRST OF MONTH JULY 122 AUG 120 SEP 81 OCT 90 NOV 114 DEC 93 JAN 83 FEB 57 MAR 53 APR 49 MAY 49 JUN TOTAL 911 FREDERICK COUNTY ESTHER BOYD ANIMAL SHELTER FY 2018-2019 CAT REPORT RECEIVED BROUGHT IN BITE BORN AT DIED AT ESCAPED/ CARRIED TO AT KENNEL BYACO CASES KENNEL ADOPTED RECLAIMED DISPOSED KENNEL STOLEN NEXT MONTH 129 14 4 7 49 2 102 3 0 120 122 21 3 3 116 6 65 1 0 81 95 9 2 0 52 2 41 2 0 90 119 15 2 3 62 1 48 4 0 114 85 14 1 6 64 1 60 2 0 93 46 4 1 0 40 1 20 0 0 83 71 6 1 0 69 2 33 0 0 57 46 3 1 0 37 0 17 0 0 53 66 2 2 6 52 3 24 1 0 49 61 2 1 17 63 3 15 0 0 49 131 11 6 7 64 5 60 1 0 74 971 101 24 49 668 26 485 14 0 863 In the month of May - 204 cats in and out of shelter. 38 cats transferred to other agencies. 70 Attachment 2 -- OF Northern Shenandoah Valley Regional Planning Area Le�7end N Northern Shenandoah Valley Region J M r I a n d NSVR TcwMCity Limits _ 3.5 i 14 County Line M'�5 Frederick, VA Scala: t:9a-a60 OState Line = Maryland gs-Rc Winchester, VA Virginia sl West Virginia NORTHERN SHENANDOAH VAI.1.1; �' � Town of RFC[ IONAL COMM B-5ION - _ Taw. of }I 9er7rine Projection: Lambert ConfomaI Conic Datum: NAD83- State Plane, Virginia StepheasC.1y j Clarke, VA Town nr ece oy W e f t V i T g l n j a te< wn Tawnaf- Srrashu TT6w11 of i) To..IEI Breck� /Frant lioyml Town of Yioodstock� Shenandoah, VA - warren, VA - Town ox � rJ f :. Edinburg ! T n of � � I' r Pn.q William. VA i feoont Jackson _ Fpuctwer, VA Town of Manassas. VA 'my ! i appahammock, VA M.. ra n.., Page, VA I Rncklrsphnm., VA Slanlcy =' 17- -c:, T ly w Town ur +'Shanandvah '� �Hnrrtso nts urea, VA Ask, 71 Item # 6.E Board of Supervisors Agenda Item Detail Meeting Date: July 10, 2019 Agenda Section: Consent Agenda Submitted by: Administration Item Type: Committee Report Item Title: Transportation Committee Report of 6-24-19 Attachments: BOS 07-10-19 TC 06-24-19 Meeting Report.pdf 72 TRANSPORTATION COMMITTEE REPORT to the BOARD OF SUPERVISORS Monday, June 24, 2019 8:30 a.m. 107 NORTH KENT STREET, WINCHESTER, VIRGINIA ATTENDEES: Committee Members Present: Gary Lofton, Chairman (Voting), Judith McCann - Slaughter (Voting), Gary Oates (Voting), James Racey (Voting), Barry Schnoor (Voting) and Lewis Boyer (Liaison Stephens City). Committee Members Absent: Mark Davis (Liaison Middletown). Staff Present: Assistant Director -Transportation John Bishop, and Kathy Smith, Secretary. ITEMS FOR INFORMATION ONLY: 1-SmartScale Application Development: Staff discussed the next round of SmartScale which are due in the fall of 2020. Staff would like to begin a project list for the next round of applications as soon as possible to be prepared and competitive. Staff has had some feedback regarding the concerns raised across the state that most likely there will be changes to the policy in the upcoming round of SmartScale. A handout of potential projects and potential applications source were presented to the Committee for a start list with highlighted areas of the projects that were applied for last year. The current rules allow for Frederick County four (4) independent applications. An additional four (4) applications can be submitted through the Winchester Frederick County MPO and Shenandoah Valley Regional Commission entities that Frederick County is a member. 2-Transportation Forum Discussion and Guidance: Staff is seeking guidance on whether the Committee would like to hold the Transportation Forum again this year. The Committee recommended to continue with another Transportation Forum in October as it has been a well - attended event. A topic that the Committee would like to see address is to have a representative from the Secretary's Office to present the package on the new fuel tax increase. It was suggested to move the venue to another location to attract different attendees. A potential location suggested was the Public Safety Building which would allow for a larger setting and display area. Staff was directed to seek October availability of our CTB members and Delegates and then work on the date and venues based upon that availability. 4-County Projects Updates: Crossover Boulevard aka Tevis Street Extension/Airport Road/1-81 Bridge: The notice to proceed was issued to Perry Engineering on May 14, 2019. The contractor is currently mobilizing on -site and working through the various permits required to move forward with the work. The project has an expected completion date of September 10, 2021. Renaissance Drive: The project is nearly at 30% design. Currently, Staff is seeking comments from various agencies on the Springdale Road CSX crossing closure. Northern Y: The consultant is compiling the items necessary to meet the approximately 60% for the language in the Revenue Sharing Agreement. Jubal Early Drive Extension and Interchange with Route 37: No activity at this time. 5-Upcoming Agenda Items: SmartScale (ongoing discussion and development) Transportation Forum Staff also noted that they are participating in the VTRANS statewide transportation plan update, as well as the first stages of the MPO Long Range Plan update. Items from these efforts are expected to come to the Committee at the appropriate times. 6-Other: The Committee requested to have a representative from VDOT's Traffic Engineering Division discuss the traffic signal coordination and signal system in the area at an upcoming meeting. 73 Scott Alexander, VDOT gave an update on area projects and all are moving along well. Judith McCann -Slaughter thanked VDOT for the signage at 1-81. The Committee asked Staff to look into the Rural Preservation Subdivision ordinance to see if anything can be done with the unpaved road issue for residents. ITEMS REQUIRING ACTION BY BOARD OF SUPERVISORS: 3-Revenue Sharing (see attached): Currently, the pre -application window is open for VDOT's Revenue Sharing Program. No applications have been forthcoming from potential private partners so Staff recommends that the Committee concur on an application that would fully match the private contribution on the Renaissance Drive project. Staff discussed the current cost estimate and the revenue stream indicated on Renaissance Drive that is fully funded. Staff has reviewed the standard project inflation rates and analyzed the contingency amounts with the rapidly increasing project costs that have been seen in the industry at large. Staff would seek to submit a Revenue Sharing application to obtain State matching funds for all the private funds committed to the project. Staff noted that while the current estimate and revenue sources show full funding, it would be prudent to seek the additional state funds out of an abundance of caution. Currently, the total project funding is as follows: 1. Revenue sharing funds from VDOT - $1,638,764.00 2. Local Funds: a. $633,644.00 (Artillery Rezoning Proffer) b. $452,791.46 (Blackburn Rezoning Proffer) c. $1,080,000.00 (Carbaugh Rezoning Proffer) 3. Unmatched local funds: $527,671.46 4. Expenditures: $283,809.52 5. Remaining Funds: $3,521,390 Upon a motion by, Mr. Gary Oates and seconded by Mr. lames Racey the Committee recommended to submit an additional Revenue Sharing application for funding to obtain matching funds of the unmatched local funds to the Board for recommendation of approval. 74 Pennoni Associates Inc. Job No: FREDC18001 Consulting Engineers Date 11/6/2018 (Pennonii�- Project: Renaissance Drive Extension - No Bridge, 2 Lane Road Des By: MAG Subject: 30% Submiffal Estimate Chk By: BTN ITEM UNIT QUANTITY PRICE TOTAL MOBILIZATION LS 1 $75,000.00 $75,000 DEMOLITION REMOVAL OF SIDEWALK SY 108 $7.50 $810 FLEXIBLE PAVEMENT REMOVAL SY 1,565 $24.00 $37,560 REMOVAL OF EXISTING CURB LF 666 $10.00 $6,660 REMOVAL OF EXISTING STORM PIPE LF 317 $10.00 $3,170, REMOVAL OF EXISTING STORM STRUCTURES EA 4 $1,000m_ $4,000 EARTHWORKS CLEARING AND GRUBBING AC 7.1 $5,000.00 $35,500 REGULAR EXCAVATION - CUT TO FILL CY 18,000 $7.00 $126,000 STRUCTURAL FILL IMPORT CY 2.000 $32.00 $64,000 REGULAR FILL IMPORT CY - $22.00 $0 GRADING SY 23,828 $0.50 $11,914 ISEEDING LB 1,375 $10.50 $14,438 PAVEMENT STD. COMB. CURB & GUTTER CG-6 LF 2,040 $18.00 $36,720 STD CG-12, (3)TYPE B & (1)TYPE A SY 36 $457 $1,620 CG-12 DETECTABLE WARNING SURFACE SY 7 $270.001 $1,890 HYDRAULIC CEMENT CONC. 4" SIDEWALK SY 545 $40.001 $21,800 TGRAVEL SHOULDER - NO,21B TON 421 $18.00l $7,578 1.5" SURFACE COURSE - S-9.5A TON 678 $90.001 $61,047 2.5" INTERMEDIATE COURSE - IM-19A TON 1,091 $105.001 $114,508 6" BASE COURSE - BM-25.0 TON 2,567 $75.00 $192,525 10" AGGREGATE BASE - NO.21B TON 3,265 $18.00 $58,767 TACK COAT GAL 867 $3.50 $3,035 GUARDRAIL / FENCING STD GR-2 LF 600 $25.00 $15,000 RADIAL GR-2 LF 200 $25,00 $5,000 DRAINAGE BEST MANAGEMENT PRACTICES CY 5,915 $15.00 $88,7251 DITCHES Cy 466 $15,00 $6,990l VDOT STD. UD-4 LF 2,588 $15.00 $38,820 VDOT STD. CD-1 LF 74 $12.50 $925 VDOT STD. CD-2 LF 250 $12.50 $3,125 VDOT STD. EW-12 EA 6 $700.00 $4,200 VDOT STD. DI-3B, L=6" EA 4 $3,400.00 $13,600 VDOT STD. DI-3C, L=6' EA 4 $3,800,00 $15,200 STORM SEWER, CONC. PIPE, 15" LF 275 $46.00 $12,650 STORM SEWER, CONC. PIPE, 24" LF 155 $65.00 $10,075 VDOT STD ES-1 - 15" EA 1 $600.00 $600 VDOT STD ES-1 - 24" EA 1 $1,200.00 $1,200 SIGNAGE i PAVEMENT MARKING CONCRETE FOUNDATION STP-1 EA 5 $210.00 $1,050 TRAFFIC SIGN SQUARE TUBE STEEL POST 2-1/2", 12 GA. LF 40 $50.00 $2,000 TYPE B CLASS I PAVE, LINE MARKING 4" LF 7,210 $0.85 $6,1291 TYPE B CLASS I PAVE. LINE MARKING 6" LF 332 $1.20 $3981 TYPE B CLASS I PAVE. LINE MARKING 8" LF 300 $1.70 $510 TYPE B CLASS I PAVE. LINE MARKING 24" LF 24 $9.001 $216 TYPE III BARRICADE, 8' EA 12 $450.001 $5,400 MAINTENANCE OF TRAFFIC MOT LS 1 $50,000.00 $50,000 RAILROAD AT -GRADE CROSSING RAILROAD AT -GRADE CROSSING LS 1 $500,000.00 $500,0001 MISCELLANEOUS EROSION AND SEDIMENT CONTROL LS 1 $75,0007 $75,000 REMOVAL OF SPRINGDALE RR CROSSING AND PROVIDE TURNAROUND LS 1 $150,000.00 $150,000 UTILITY RELOCATIONS - GAS, ELECTRIC LINES AND POLES LS 1 $300,000,00 $300,000 SUB TOTAL $2,185,354 CSX ADMINISTRATIVE FEES LS 1 $350,000,00 $350,000 CONSTRUCTION ADMINISTRATION @ 10% $218,535 CONTINGENCIES @ 15% $327,803 IGRAND TOTAL $3,081,692 75 Item # 61 Board of Supervisors Agenda Item Detail Meeting Date: July 10, 2019 Agenda Section: Consent Agenda Submitted by: Administration Item Type: Resolution Item Title: Employee of the Month Resolution for Greg Lambert Attachments: Emp of the Month 2019.05 Resolution Lambert Greg.pdf 76 Employee of the Month Resolution Awarded to: Greg E. Lambert WHEREAS, the Frederick County Board of Supervisors recognizes that the County's employees are a most important resource; and on September 9, 1992, the Board of Supervisors approved a resolution which established the Employee of the Month award and candidates for the award may be nominated by any County employee; and WHEREAS, the Board of Supervisors upon recommendation by the Human Resources Committee selects one employee from those nominated; and WHEREAS, Greg E. Lambert, who serves as a Deputy with the Frederick County Sheriff's Office, was nominated for Employee of the Month; and WHEREAS, in March 2016, Deputy Greg E. Lambert was assigned as a Surveillance Officer for the Northwest Region Adult Drug Court where he is known to be tough but compassionate with drug court participants, offering counsel as well as constructive criticism when appropriate; and WHEREAS Deputy Lambert brings meaningful insights regarding the commitment of individuals in their recovery, has an intense working knowledge of the people he is charged with supervising, and provides the drug court team with valuable awareness about the personality and the psyche of drug court participants under his supervision; and WHEREAS Deputy Lambert is tireless in his efforts to assist recovering addicts and, on more than one occasion, has purchased shoes, toiletries or other essentials for program participants who lacked the financial means to purchase those items; and WHEREAS, Deputy Lambert was commended by an Officer of the Court for going above and beyond the call of duty, working long hours, and never shirking his responsibilities, and his proactive approach, compassion and leadership have helped make the Northwest Region Adult Drug Court program successful; NOW, THEREFORE BE IT RESOLVED, by the Frederick County Board of Supervisors this loth day of July 2019, that Greg E. Lambert is hereby recognized as the Frederick County Employee of the Month fortune 2019; and BE IT FURTHER RESOLVED that the Board of Supervisors extends gratitude to Greg E. Lambert for his outstanding performance and dedicated service and wishes him continued success in future endeavors; and BE IT FINALLY RESOLVED, that Greg E. Lambert is hereby entitled to all of the rights and privileges associated with this award. Board of Supervisors County of Frederick, Virginia 77 Charles S. DeHaven, Jr., Chairman Item # 6.G Board of Supervisors Agenda Item Detail Meeting Date: July 10, 2019 Agenda Section: Consent Agenda Submitted by: Planning Commission Item Type: Resolution Item Title: Road Resolution -Adding Dawson Drive to the Secondary Road System Attachments: BOS 07-10-19 Dawson Industrial Park - Dawson Drive Road Resolution.pdf COUNTY of FREDERICK Department of Planning and Development 540/ 665-5651 Fax: 540/ 665-6395 Memorandum To: Frederick County Board of Supervisors From: Mark R. Cheran, Zoning and Subdivision Administrator Date: June 28, 2019 RE: Dawson Industrial Park — Dawson Drive The following additions to the Secondary System of State Highways, pursuant to the statutory provision or provisions cited, are hereby requested; the right of way for which, including additional easements for cuts, fills and drainage, as required, is hereby guaranteed: Dawson Drive, State Route Number 769 0.19 miles Staff is available to answer any questions. MRC/dlw 79 107 North Kent Street, Suite 202 9 Winchester, Virginia 22601-5000 RESOLUTION BY THE FREDERICK COUNTY BOARD OF SUPERVISORS The Board of Supervisors of Frederick County, in regular meeting on the loth day of July, adopted the following: WHEREAS, the streets described on the attached Form AM-4.3, fully incorporated herein by reference, are shown on plats recorded in the Clerk's Office of the Circuit Court of Frederick County; and WHEREAS, the Resident Engineer of the Virginia Department of Transportation has advised this Board that the streets meet the requirements established by the Subdivision Street Requirements of the Virginia Department of Transportation; and WHEREAS, the County and the Virginia Department of Transportation have entered into an agreement on June 9, 1993, for comprehensive stormwater detention which applies to this request for addition; and NOW, THEREFORE, BE IT RESOLVED, this Board requests the Virginia Department of Transportation to add the streets described in the attached Form AM-4.3 to the secondary system of state highways, pursuant to 33.2-705, Code of Virginia, and the Department's Subdivision Street Requirements; and BE IT FURTHER RESOLVED, this Board guarantees a clear and unrestricted right-of- way, as described, and any necessary easements for cuts, fills and drainage; and BE IT FURTHER RESOLVED, that a certified copy of this resolution be forwarded to the Resident Engineer for the Virginia Department of Transportation. Charles S. DeHaven, Jr., Chairman Gary A. Lofton J. Douglas McCarthy Blaine P. Dunn Judith McCann -Slaughter Robert W. Wells Shannon G.Trout A COPY ATTEST Kris C. Tierney Frederick County Administrator PDRes. #11-19 80 In the County of Frederick ----------------------------------------------------------------------------------------------------------------- By resolution of the governing body adopted July 10, 2019 The following VDOTForm AM-4.3 is hereby attached and incorporated as part of the governing body's resolution for changes in the secondary system of state highways. A Copy Testee Signed (County Official): Report of Changes in the Secondary System of State Highways Project/Subdivision Dawson Industrial Park Type Change to the Secondary System of State Highways: Addition The following additions to the Secondary System of State Highways, pursuant to the statutory provision or provisions cited, are hereby requested; the right of way for which, including additional easements for cuts, fills and drainage, as required, is hereby guaranteed: Reason for Change: New subdivision street Pursuant to Code of Virginia Statute: §33.2-705 Street Name and/or Route Number ♦ Dawson Drive, State Route Number 769 Old Route Number: 769 -------------------------------------------- • From: Route 651, Shady Elm Road To: 0.19 mile west of Route 651, Shady Elm Road, a distance of: 0.19 miles. Recordation Reference: DB 947 Page 0853 Right of Way width (feet) = 54 VDOT Form AM-4.3 (4/20/2007) Maintenance Division Date of Resolution: July 10, 2019 Page 1 of 1 Item # 6.H Board of Supervisors Agenda Item Detail Meeting Date: July 10, 2019 Agenda Section: Consent Agenda Submitted by: Administration Item Type: Resolution Item Title: Resolution to Comment on the Smart Scale Program Implementation Attachments: BOS 07-10-19 Memo & Resolution on SmartScale.pdf COUNTY of FREDERICK Department of Planning and Development 540/ 665-5651 Fax: 540/ 665-6395 TO: Board of Supervisors _�Cp FROM: John A. Bishop AICP, Deputy Director — Transportation RE: SmartScale Round 3 Resolution DATE: June 26, 2019 At the May 8m Board of Supervisors meeting, the Board considered a draft resolution from the Transportation Committee regarding the implementation of SmartScale's policy and legislation on this 3rd round of applications. The Board directed Staff to seek additional coordination with VDOT and the County's CTB representative, Dixon Whitworth. That process has now been completed and the updated resolution is attached for the Board's consideration. JAB/dw Attachment 107 North Kent Street, Suite 202 9 Winchester, Virginia 22601-5000 DRAFT A RESOLUTION FOR THE BOARD OF SUPERVISORS OF THE COUNTY OF FREDERICK, VIRGINIA TO COMMENT ON THE SMART SCALE PROGRAM IMPLEMENTATION At a regularly scheduled meeting of the Frederick County Board of Supervisors held on July 10, 2019, the following resolution was adopted: WHEREAS, FY 2020 SMART SCALE Staunton District project applications that qualified for both Statewide High Priority and District Grant funds were considered for District Grant funds first, thus funding our most competitive projects out of the smallest funding source; and, WHEREAS, Based on the CTB policy, in Step 2, only projects that were ineligible for Step 1 (District Grant) funds and have a SMART SCALE score high enough that they would have been funded in Step 1 had they been eligible for those funds, are considered for Statewide High Priority funding. The result is that projects are eliminated from consideration in Districts with lower district grant funds that have higher SMART SCALE scores than projects that were recommended to be funded in Districts with higher district grant funds. This creates a situation where more worthy projects are skipped over in Districts that already had lower levels of district grant funding thus effectively penalizing those Districts for that lower funding in Step 2; and WHEREAS, The lowest -scoring staff -recommended District Grant project in Staunton was 6.36, while in Fredericksburg the lowest funded District Grant project score was 2.07, Hampton Roads 1.79, Lynchburg 3.73, and Northern Virginia 2.99; and, WHEREAS, Not using SMART SCALE scoring to choose projects for `Step 3' of the process led to projects with SMART SCALE scores lower than many Staunton District projects receiving the majority of the Statewide High Priority funds, in spite of the fact that the SMART SCALE legislation specifically states "The prioritization process shall be based on an objective and quantifiable analysis that considers, at a minimum, the following factors relative to cost..."; and NOW, THEREFORE, BE IT RESOLVED, that the Board of Supervisors of the County of Frederick hereby submits this resolution to request that the Commonwealth Transportation Board and the State Legislature review the SMART SCALE legislation and its implementation Policy in order to address equity issues related to the distribution of transportation funding in the State of Virginia. Passed this 10th day of July 2019 by the following recorded vote: Charles S. DeHaven, Jr., Chairman Gary A. Lofton Robert W. Wells J. Douglas McCarthy Shannon G. Trout Judith McCann -Slaughter Blaine P. Dunn A COPY ATTEST Kris C. Tierney Frederick County Administrator 84 Item # 8.A Board of Supervisors Agenda Item Detail Meeting Date: July 10, 2019 Agenda Section: County Officials Submitted by: Human Resource Committee Item Type: Miscellaneous Item Title: Presentation and Recognition of Employee of the Month Award to Greg Lambert Attachments: Item # 8.13 Board of Supervisors Agenda Item Detail Meeting Date: July 10, 2019 Agenda Section: County Officials Submitted by: Administration Item Type: Miscellaneous Item Title: Committee Appointments 1. Shawneeland Sanitary District Advisory Committee 2-year term of Lynn Schmitt ends 7/13/19 (Eligible for reappointment) 2. Frederick -Winchester Service Authority 3-year term of Ned M. Cleland, PhD., P.E., ends 8/31/19 (Eligible for reappointment) Attachments: CommitteeAppts(07102019).pdf COUNTY of FREDERICK Kris C. Tierney County Administrator 540/665-6382 Fax: 540/667-0370 E-mail: ktierney@fcva.us TO: Board of Supervisors FROM: Kris C. Tierney, County Administrator DATE: July 2, 2019 RE: Committee Appointments Listed below are the vacancies/appointments due through August 2019. As a reminder, in order for everyone to have ample time to review applications, and so they can be included in the agenda, please remember to submit applications prior to Friday agenda preparation. Your assistance is greatly appreciated. JUNE 20'19 Winchester -Frederick_ County Tourism Board Joint Appointment with the City of Winchester Mary Braun — Non -Profit Sector Rep. Shen. Valley Discovery Museum 19 W. Cork Street Winchester, VA 22601 Phone: (540)722-2020 Term Expires: 06/30119 Three-year terra (Resigned 03/26119) (Shen. Valley Discovery Museum) Sharon Farinholt — Private Sector Rep. (Crown Trophy) Crown Trophy 661 Millwood Avenue Winchester, VA 22601 Office: (540)665-4485 Term Expires: 06/30119 Three-year term (Not eligible for reappointment) Andy Gyurisin — Private Sector Rep. (Nerangis Management Corp. — Alamo Draft House) 177 Kernstown Commons Blvd. 107 North Kent Street • Winchester, Virginia 22601 Memorandum — Board of Supervisors July 2, 2019 Page 2 Winchester, VA 22602 Office: (540) 07-1822; Ext. 111 Term Expires, 06/30119 Three-year term (See Attached Memo from `tourism Executive Director Justin Kerns.) ('the Tourism Board has recommended the appointment of Heather Butler and Gwen Borders -Walker to fill the seats of Sharon Farinholt and diary Braun and the re -appointment of Andy Gyurisin. Applications have been submitted to the City of Winchester for review/interview. Staff is waiting to hear as to Winchester City Council's recommendationlaction.) (The Tourism Board was formed by Joint Resolution of the Board of Supervisors and the City Council in April 2001, Recommendation for appointment is contingent upon like approval by the City of Winchester,) DLY 2019 Shawneeland Sanitarry District Advisory Committee Ryan Schmitt 106 Echota Trail Winchester, VA 22602 Home: (5401 77-1280 Term Expires.- 07/ 18/19 Typo -year tefrn (The ShawneeLand Sanitary District Advisory Committee is comprised of five members made up of resident property owners. Members seine a two-year terra and are eligible for reappointment) AUGUST 2019 Frederick- inch ster Service Authority (ITMW' A Dr. Ned ilk, Cleland, Phd., P.E. Frederick County Representative 11 1 Donegal Court Winchester, VA 22602 Phone: (540)728-0900 Terra Expires: 08/31/19 Three-year terra (Dr. Cleland is willing to continue serving.) (The county has three 88 representatives on the Frederick -Winchester Service Authority as is in accordance with Memorandum Board of Supervisors July 2, 2019 Wage 3 the Joint Agreement and Memorandum of Understanding with the City of Winchester. Members serve a three-year term and are eligible for reappointment.) Conservation Easement Authorit yLQEA Todd 6. Lodge — Frederick County Representative 3390 Apple Pie Ridge Road Winchester, VA 2 03 Horne: (4 )- 488 Term Expires- 081,94/19 Three-year term (Staff is waiting to hear from Planning staff as to Mr. Lodge's interest in continuing to serve.) (The Authority consists of seven citizen members, one member from the Board of Supervisors and one member from the Planning Commission. Members shall be knowledgeable in one or more of the following field's: conservation, Biology, real estate and/or rural land appraisal, accounting, farming, or forestry. Members serve a three-year term and are eligible for reappointment.) VACANCIES/OTHER Bp rd of ualization Luther 0, Stiles 114 Lane Stfeet Stephens City, VA 22655 Home', (40)86 -2 94 Term: 91/01117 - 1 l31119 Three-year terry (Mr. Stiles has notified staff he does not wish to be reappointed when his term expires December 31, 2019.) (Reminder there is a current vacancy, term of Timothy McKee that expired 12/31/18. Staff and Board of Supervisors will continue to seek applicants for seat(s) on the Board of Equalization.) (The Board of Equalization is composed of five members. Members must be free holders in the county, In October 2010, the Board of Supervisors appointed the Board of Equalization as a "permanent" board for subsequent reassessments. The original five members were appointed for the following terms: one member for a one-year term; one member for a two-year term; and three members for a three-year term. Going forward, all future appointments shall be for a 89 three-year term. Recommendation for appointment/reappointment are made by Memorandum - Board of Supervisors July 2, 2019 Ro 4 the Board of Supervisors and submitted to the .Judge of the Frederick County Circuit Court for final appointment.) KQT/t'p Enclosure U ATJ Plcomm itteeappoi ntme nts\MmosLettrs\Boa rdCorn m itteeAppts(071019Bd Mtg). d ocx rhA(WO 4eiva-WIINCH ESTER June 20, 2019 To: Frederick County Board of Supervisors & Winchester City Council From: Justin Kerns, Executive Director, Winchester -Frederick County Convention & Visitors Bureau on behalf of the Winchester -Frederick County Tourism Board Subject: Winchester -Frederick County Tourism Board Suggested Nominations The Winchester -Frederick County Tourism Board respectfully submits Heather Butler as the suggested nominee to represent the Private Sector. Heather would begin her appointment after 7/l/2019, after Sharon Farinholt of Crown Trophy steps down. Heather is the owner of the for -profit Newtown Music Center, which is located in Frederick County in Stephens City. Her first term will end on 6/30/2022, at which time she will be eligible for re -appointment. The Board also recommends the appointment of Gwen Borders -Walker to represent the Non -Profit Sector. Gwen would begin her appointment after 7/1/2019, filling the board vacancy recently left by Mary Braun. As Mary's term was ending on June 30, 2019, Gwen would fill a fully vacant position, not serve as an interim board member. Gwen represents the Winchester Area Chapter of the NAACP in Winchester. Her first term will end on 6/30/2022, at which time she will be eligible for re -appointment. The Board also recommends the re -appointment of Andy Gyurisin, whose first term as a Private Sector representative expires on 6/30/2019. According to the bylaws, Andy is eligible for re -appointment, and his second term will expire on 6/30/2022. Andy is the Programming / Promotions Manager for NL Entertainment, LLC, which operates the Alamo Drafthouse and Greene Turtle and is located in Frederick County. In summary, these members will join: Gwen Borders -Walker who represents the Non - Profit Sector, and Heather Butler who represents the Private Sector. With approval of the new nominations and the re -appointment, the board will consist of five private -sector representatives, two of whom represent lodging, and four public/non-profit-sector representatives, as outlined in the Winchester -Frederick County Tourism Bylaws. Winchester -Frederick County Convention and Visitors Bureau 91 1400 South Pleasant Valley Road, Winchester, VA 22601 •540.542.1326 (o) • 540,450.0099 (f) www.VisitWinchesterVa.com Item # 8.0 Board of Supervisors Agenda Item Detail Meeting Date: July 10, 2019 Agenda Section: County Officials Submitted by: Administration Item Type: Miscellaneous Item Title: Frederick/Warren County Line — Property Issue This is a request for the Board of Supervisors to consider a boundary adjustment to the Warren/Frederick County lines in the Foster Hollow Road area. Byway of background, this apparent boundary dispute came up via the Virginia Department of Elections relative to voting precinct lines around the State. The Department wanted to ensure correct voting district classifications with the area in question affecting the Congressional districts because Warren County is in the 6th District and Frederick County is in the 10th. Attachments: Memo_BOS_re_Frederick-Wa rren_Li ne_Prope rty_updated_062619.pdf 92 COUNTY of FREDERICK Jay E. Tibbs Deputy County Administrator 540/665-5666 Fax 540/667-0370 E-mail: jtibbs(afcva.us MEMORANDUM TO: Board of Supervisors FROM: Jay E. Tibbs, Deputy County Administrator SUBJECT: Frederick/Warren County Line — Property Issue - Update DATE: July 26, 2019 The Board of Supervisors at their June 12, 2019 heard a request to consider a boundary adjustment to the Warren/Frederick County lines in the Foster Hollow Road area. Following the staff presentation, the Board voted to postpone action on this matter until the full board could be present. Since the June 12, 2019 meeting, staff has gathered some additional information to assist the Board with its deliberations: • Warren County has advised that there are no children registered in Warren County Public Schools from those parcels that are physically located in Frederick County but have been identified and taxed in Warren County. • Warren County Fire & Rescue serves the 300-700 block of Foster Hollow Road; however, the 100-200 block of Foster Hollow Road, to include the parcels in question, are being served by Company 11 (Stephens City). There have been 22 calls for service (i.e. law enforcement and EMS) to the 100-200 block from January 2017 through June 8, 2019 per call data compiled by Frederick County Emergency Communications. Frederick County law enforcement and EMS personnel responded to those calls. There was one instance where Warren County assisted on the EMS call. • Warren County has advised that it receives approximately $9,800 in revenue from real estate and personal property taxes in that area. • Frederick County currently receives approximately $1,000 in real estate tax revenue from the 93 one parcel that is identified and located in Frederick County. Staff is bringing this item back to the Board for discussion and is seeking direction. There are two potential actions for the Board to consider relative to this matter: 1. Affirm the current county line, as surveyed by Marsh & Legge, PLC, per Exhibit C; or 2. Adjust the county line per Exhibit D and direct staff to advertise the public hearing on the proposed boundary adjustment. If an adjustment to the county line is desired, both the Frederick County and Warren County Boards of Supervisors would have to agree to the adjustment. If such an agreement is reached, both bodies would hold public hearings on the proposed adjustment and, at the conclusion of the hearings, both boards would adopt a resolution consenting to the boundary adjustment. Both boards would then file a joint petition with the Circuit Court of either Warren or Frederick County to have a new boundary line established. Staff is seeking action from the Board regarding the county line boundary issue. Should you have any questions, please do not hesitate to contact me. Attachments COUNTY of FREDERICK Jay E. Tibbs Deputy County Administrator 540/665-5666 Fax 540/667-0370 E-mail: jtibbs(a fcva.us MEMORANDUM TO: Board of Supervisors FROM:= Jay E. Tibbs, Deputy County Administrator SUBJECT: Frederick/Warren County Line — Property Issue DATE: June 7, 2019 This is a request for the Board of Supervisors to consider a boundary adjustment to the Warren/Frederick County lines in the Foster Hollow Road area. By way of background, this apparent boundary dispute came up via the Virginia Department of Elections relative to voting precinct lines around the State. The Department wanted to ensure correct voting district classifications. The particular area in question affecting the Congressional districts because Warren County is in the 61h District and Frederick County is in the 10"'. We were contacted by Warren County administration regarding the parcels and asked to see information we had in our GIS system regarding the properties. (Exhibit A, which is information produced by the Warren County GIS Office.) After the Warren County data was received we had our GIS Department compare it to their information. (Exhibit B) Frederick County data shows the parcel as one large tract. Upon further research, we discovered the deeds for the properties designate them as Warren County properties, but the parcels are physically located within Frederick County. The various subdivisions of the original tract were approved by Warren County. The properties are currently being taxed in Warren County, the residents of the affected parcels vote in Warren County, receive services from Warren County, and their children have attended school in Warren County. After discussions between Warren and Frederick County Administrators, it was decided to contract with Marsh & Legge Land Surveyors, PLC to complete a metes and bounds survey of the Warren/Frederick line in that area. Marsh & Legge determined the location of the line based on the recorded description that created the line. Their survey shows the line is straight from a point where the Old Valley Turnpike crossed the Cedar Creek to a stone at the old church at Route 522. (Exhibit C) On February 28, 2019 Supervisor Wells, Warren County Supervisor Dan Murray, Warren County Administrator 95 Doug Stanley, and I attended a meeting in Warren County to discuss this matter with the affected residents in that area. Following discussions with the residents and during that same meeting, a proposed adjustment to the Warren/Frederick line was developed. (Exhibit D) If an adjustment to the county line is desired, both the Frederick County and Warren County Boards of Supervisors would have to agree to the adjustment. If such an agreement is reached, both bodies would hold public hearings on the proposed adjustment and, at the conclusion of the hearings, both boards would adopt a resolution consenting to the boundary adjustment. Both boards would then file a joint petition with the Circuit Court of either Warren or Frederick County to have a new boundary line established. Staff is bringing this item to the Board for discussion and is seeking direction. There are two potential actions for the Board to consider relative to this matter: 1. Affirm the current county line, as surveyed by Marsh & Legge, PLC, per Exhibit C. 2. Adjust the county line per Exhibit D and direct staff to advertise the public hearing on the proposed boundary adjustment. Staff is seeking action from the Board regarding the county line boundary issue. Should you have any questions, please do not hesitate to contact me. Attachments W Exhibit A Warren County GIS Department Map 97 Exhibit B Frederick County GIS Map 1110 01064 1 * m ;1198 _ 161 O. 1 r f ;r� x 1380 0/ b ik;T 212 CAL 254, 253 Y.. ol �•_ +1� i ' 261 �+ •,y<<,rtr •. 4+ } �e`' •iJ'r — — — IC) ------- -- ---- ' L ------------------------- f--------------------------- — 292 40 r, r O ". � y t N A 0 75 150 300 Feet 100 Exhibit C Marsh & Legge, PLC Survey of Existing Warren/Frederick County Line 101 VA SEC. ROUTE 639 I CHURCH ROAD \ E, REFUGE 1 1 I I I TAX MAP TAX N 93-A? 1 93-Afi9B 1\ TAX MAP (FREDERICK (FREDECOUN I 93-A-59A COUNTY) (FREDERICK I COUNTY) 1 F � W ; TAX MAP � � 93-A�0 1 1 � JO (FREDERICK Ij S COUNTY) I N W --- 1 > O _ TAX MAP --� TAX MAP 04-23A TAX MAP 1 93 (WARREN 04-22 1 ERI (FREDERICK `COUNTY) (WARREN 1 COUNTY) COUNTY) TAX MAP TAX MAP 93-A-30A 1 I 1 93-A-29C 1 (FREDERICK 1 COUNTY) 111 (FREDERICK JI COUNTY) - TAX MAP TAX MAP 93-A-29B 93-A-29 (FREDERICK 1 (FREDERICK COUNTY) COUNTY) I TAX MAP / 93-A-29A (FREDERICK COUNTY) m TAX MAP 04-18 (WARREN COUNTY) rTTAX MAP 1 / 1 MAPAX I I 04AJ-1.1A 1 I 1 04A-1-1-2 (WARREN (WARREN COUNTY' COUNTY) J AP 1 TAX MAP 04A,3 1-1 04A3-1-iB (WARREN (WARREN I COUNTY) COUNTY) 1 1 TAX MAP 93-A-59 (FREDERICK COUNTY) n I 1 I 1 I I - / I 1 I I / / 1 'TA MAP 1 TAX MAP 93-A$2 (FREDERICK COUNTY) 1 93-A-61 (FREDERICK COUNTY) / I \ 1 I / 1 _ TAX MAP 1 93-A-64 1 (FREDERICK COUNTY) 1 TAX MAP 04-0T (WARREN 1 1 i COUNTY) / 11 / / I 1 MAP 21B 2REN NTY) 1I GRAPHIC SCALE 0' 2D0' 400' SCALE ! 1" = 2D0' Exhibit D Marsh & Legge, PLC - Proposed Boundary Line Adjustment - Frederick/Warren Line 103 DATE: Vri VA. SEC. ROUTE 639 ` REFUGE CHURCH ROAD _ E. r w TAX MAP i TAX MAP TAX MAP 93-A59C - 93- MAP 93-A598 � 93-A59D I (FREDERICK (FREDERICK I (FREDERICK COUNTY) li COUNTY} ^ COUNTY) (FREDERICK _ - COUNTY) { 1 W TAX MAP 93-AJ08 (FREDERICK COUNTY) 7� I 1 1 (" TAX MAP "TAX 93-A•59 (FREDERICK MAP 93-A-62 �FREDERICp COUNTY) COU NTYJ I t \ \ I I + / 1 ;. fG/STEW TAX MAP Q D4-23B Q K (WARREN ro 0 TAX MAP COUNTY) 93-A-60 �P (FREDERICK I,j S COUNTY) '- r TAX MAP Od 23C (WARREN COUNTY) TAX MAP I 04.23A (WARREN /• +,COUN, _ 0422 TY) (WARREN COUNTY) /� TAX MAP + OA•23 1L (WARREN COUNPAJ TAX MAP 93-A+1DA (FREDERICK COUNTY) TAX MAP Q S 93-AERIC I a U � (FREDERICK COUNTY) CIO - -� TAX MAP �- �1 TAX MAP. 93-A-29B (FREDERICK OJ�y �' 93-A-29 -� COUNTY]-- - - - - (FREDERICK COUNTY) C��CdG�a` EPE�PpP� w CO. / I I I I � TAX MAP TAX MAP V TAX MAP I 04A3.1-1A 04A-0-1.2 I 1 (WARREN (WARREN COUNTY) 93-A-29A (FREDERICK .,O COUNTY]__ COUNTY) I TAX MAP TAX MAP OdA-3.1-1 / TAX MAP O4A3.1.1B (WARREN (WARREN COUNTY) 04-18 COUNTY) (WARREN Marsh & Legge Land Surveyors, P.L.C. 560 NORTH LOUDOUN STREET - WINCHESTER, VIRGINIA 22601 PHONE (540) 667-0468 - FAX (540) 667-0469 - EMAB, office@ —ha dlegge.com —.m shandlegge.com r TAX MAP 04-07 (WARREN p COUNTY) �M TAX MAP 04-219 (WARREN COUNTY) MAP /r $1 E K NTY) 1 TA% MAP / (FREDERICK COIJNTY) ApRoposcj>�A}x�=swC�Ty GRAPHIC SCALE ,Z -.2 —/ 9 200' 400' _ _�.rA:•� SCALE: I' = 200'...a.,... Item # 8.D Board of Supervisors Agenda Item Detail Meeting Date: July 10, 2019 Agenda Section: County Officials Submitted by: Administration Item Type: Resolution Item Title: Resolution Approving the Issuance of Debt by the Winchester Regional Airport Authority Attachments: 2019 07 02 WRAA- BOS Resolution Memo.pdf sEWM THE TOP OF VRMIA / WINCHESTER REGIONAL AIRPORT 491 AIRPORT ROAD WINCHESTER, VIRGINIA 22602 (540) 662-5786 July 2, 2019 Frederick County Board of Supervisors 107 North Kent Street Winchester, VA 22601 Subject: Resolution Approvingthe Issuance of Debt by the Winchester Regional Airport Authority Frederick County Board of Supervisors: The Winchester Regional Airport Authority seeks to acquire a hangar facility from Wells Fargo bank for $1.25M. Constructed in 2008 as a base for charter flight operations, the facility consists of approximately 27,000 square feet (SF) of hangar floor space divided into two bays and 4,100 SF of office space. The height and width of the doors, 28' and 100' respectively, make it the only facility at the airport capable of storing large business class aircraft. Under the Authority's ownership the hangar would be utilized for its highest and best use, which is supporting active aircraft operations. The Authority would benefit from the total ecosystem from operating the hangar including direct revenues from aircraft storage and office leases, fuel sales, and support services. We also believe this activity can generate new business revenues, job incomes, and taxes for Frederick County and the surrounding community. The Authority believes this project is in keeping with its Business Plan objective to "maximize revenues from airport operations and to minimize local contributions to operating expenses when practical". In accordance with the Winchester Regional Airport Authority Act of 1987, each locality must adopt a resolution approving any debt in excess of $500,000.00. Financing options being explored include the Virginia Airport Revolving Fund (VARF) through the Virginia Resources Authority (VRA) or other suitable lender. On behalf of the Winchester Regional Airport Authority, we seek approval of a resolution authorizing the debt and application to the VRA and/or other suitable lender. 106 We intend to provide further information in advance of the Board of Supervisors meeting on August 14th to detail the preferred financing solution. If you should have any questions concerning this matter, please do not hesitate to contact my office at 540-662-5786. Sincerely, Nick Sabo, A.A.E. Executive Director Enclosure Cc: Kris Tierney, County Administrator Gene Fisher, Winchester Regional Airport Authority Chairman Jay Tibbs, Deputy County Administrator Ann Phillips, Deputy Clerk 107 Item # 8.E Board of Supervisors Agenda Item Detail Meeting Date: July 10, 2019 Agenda Section: County Officials Submitted by: Administration Item Type: Miscellaneous Item Title: Request from the School Board Seeking a Supplemental Appropriation for the Replacement R. E. Aylor Middle School in the amount of $3,200,000 Attachments: Memo & info on School Board request for Supplemental Appropriation. pdf COUNTY of FREDERICK Office of the County Administrator Tel: 540.665.6382 Fax: 540.667.0370 MEMORANDUM To: Frederick County Board of Supervisors From: Ann W. Phillips, Deputy Clerk Date: June 28, 2019 Re: Request for Supplemental Appropriation for Aylor Middle School Replacement On June 18, the Frederick County School Board Buildings and Grounds Committee met. The handouts/slides provided at that meeting were sent to you via email on June 21. Also sent to you on June 21 was a copy of the resolution passed by the School Board on June 18 seeking a supplemental appropriation in the amount of $3.2 million for the replacement Aylor Middle School. Both the handouts and the School Board's resolution are attached to this memo for your review. Following your discussion on this agenda item, Board action on the supplemental appropriation is requested. 107 North Kent Street • Winchester, Virginia 22601 109 Construction • for • • • - • Total Building Size for 728 Enrollment Capacity (758 per VDOE) y 134,255 SF Construction Cost / SF for 728-Student School $286.76 Construction Cost of 12-Classroom Addition $2.71M ($2,708,468) Size of 12-Classroom Addition 13,100 SF Construction Cost / SF of 12-Classroom Addition $205.18 Total Building Size for 1016-student School (1058 per VDOE) 147,355 Average SF / Pupil for Middle Schools in Virginia (Last 6 years, VDOE calculation basis) 168 SF / Pupil SF / Pupil for Aylor Middle School with student capacity of 758 (VDOE calculation basis) 177 SF / Pupil SF / Pupil for Aylor Middle School with student capacity of 1058 (VDOE calculation basis) 139 SF / Pupil 0 Aylor 12-classroom add alternate budget Costs Amount Source Construction $2,708,468 BB GMP A&E $140,000 RRMM fee proposal Third party inspections $1,355 Same percentage as base budget, 0.5% of construction costs Commissioning $1,085 Same percentage as base budget, 0.4% of construction costs Furnishings allowance $136,700 No casework anticipated, so is based on the $1.4M furnishings allowance in the base budget, $10.45 per square foot (134,000 square feet in the base bid, 13,018 in this add alternate). Technology allowance $97,600 Based on the $1M technology allowance in the base budget, $7.46 per square foot. Owner contingency $114,792 Total add alternate cost $3,200,000 111 Division: School: Site Size: APPENDIX G VIRGINIA DEPARTMENT OF EDUCATION MIDDLE SCHOOL CAPACITY WORKSHEET Tee hei; k Aine i9 / Plan Control No.: 'Avlw NrA A1i1fCclAle-1 4 (VDOE office use only) � f School Project No.: _ Capacity based on Capacity based on SOA* Recow nendod Class -Si= Division PTR** No. of ermanent Spaces Teaching Per Teaching Per Teaching Stations Station Capacity Station Capacity English Classrooms: x 24 �¢ 0 x Homeroom Classrooms: / x 25 ;' a0 0 x %0 (Social Studies, Math, or Science) Self -Contained Exceptional Children Classrooms: r x 8 0 x 0 Other (specify) x 0 x 0 Non Capacity Spaces 13 J f,00 `l Art Classrooms: Chorus/Band/Music Classrooms: Resource (Pull -Out Program) Classrooms: PE/Gym/Health/Multipurpose Rooms: Exploratory Career Classrooms/Labs: Computer Rooms: �• S fl�l��i Maximum Capacity TOTAL 7 � `y�0 147,a�ykiS�l Additional �r flo`r lwki Cavaciiry Feleeata�le C assrooms: * Standards of Accreditation f�� ** Pupil Teacher Ratio / _-A,A,,�/% 54& Maximum Ca acppit 107 e-ff CAP 41L " A itional Ca acit /&/I, 112 92 Department Of Education 2016 -17 New Middle School(s) Project Number Protect Name Grades Division Name Contract Award Date Maximum Building Cost Operating Cap (b) SIEe Cost Total Costa () Total S Feet q' S eII q' Fet! Pupil Total Cost/ Sq. Building Only Total Cost/Pupil 010-m-oo-100 New Bedford Middle SS Bedford County (010) NOV-16 754 $ 23,096,130 $ 5.701,235 $ 28,799,365 123,822 164 Feet CosHSq Feet School $ 232.59 $ 186.54 $ 38,995 053-36-00-100 Middle School MS-7-Loudoun 6-8 Loudoun County (053) .Fdb-17 1,354 $ 44,126,500 $ 6938,500 $ 51,065,000 1B5,251 137 $ 275.65 $,238.20 $ 37,7T4 127 48 00 100 Northam Suffolk Middle 6-8 School _ Suffolk City (127) Jun-16 779 $ 22,460,000 $ 2,715,000 $ 25.175,000 125,220 161 $ 201.m $179.36 $ 32,317 131-02-00-100 James BlalrMlddie- _ 6-8 CilySep-16 - 605 $ 20,137,ODD $1,877,735 $ 22,014,736 110,871 _ 183 . $198.66 $181.63................. $ Total Counms6urg-James Gau , 1311 3,492 $109,821,630 $ 17,232,470 $ 127,064,100 545,164 36,388 Statewide Average TQ8 $ 233.06 $ 201.45 $ 36,384 (a) Usually includes construction, site development, water system, sewage disposal, built-in equipment and demolition. A E fees, value engineering, construction management fees, cost of site, loose equipment, and furniture are excluded. (b) State SOL capacity based on a pupil teacher ratio of25:1 in core classrooms. ( e) See Appendix A for project specifie comments P 5; "/AW/Y Jun 03,2019 01:06:06 PM ;01,7 1f Page 2 of 8 Virginia Department Of Education 2015 -16 New Middle School(s) Project Number Project Name Grades Division Name Contract Award Date Maximum Operating Building Cost 51fe Cast Cap (b) Total Cost () a Total S Feet S it Total Coatl Sq. Building Only q' q' Feet/ Pupil 053-112-00-100 MS-9 6-8 Loudoun County (053) Aug-15 1,354 $ 40,081,400 $ 9,262,600 $ 49,344,000 Feet 184,593 136 Cost/Sq Feet Total Cost/Pupil 093-1a-00-100 Happy Creek Middle 6-8 School Warren County (093) Jul-15 915 $ 27;678,940 $ 5,041,310 $ 32,920,250 $ 267.31 15k457 173 $ 217.13 $ 36,443 $•207.76 $ 175.94 $ 35,978 Total 2,269 S 67.960.340 k ie_ana aan Q — — — —non _ Statewide Average (a) Usually Includes construction, site development, water system, sewage disposal, built-in equipment and demolition. A E fees, value engineering, construction management fees, cost of site, loose equipment, and furniture are excluded. (b) State SOL capacity based on a pupll teacher ratio of 25:1 in care classrooms. ( c ) See Appendix A for project specific comments Jun 03,2019 01:06:09 PM 151 $ 239.80 $ 198.11 $ 36,256 Page 2 of 7 RESOLUTION OF THE COUNTY SCHOOL BOARD OF FREDERICK COUNTY, VIRGINIA SEEKING A SUPPLEMENTAL APPROPRIATION FOR REPLACEMENT ROBERT E. AYLOR MIDDLE SCHOOL IN THE AMOUNT OF $39,2009000.00 RECITALS WHEREAS, the supervision of Frederick County Public Schools (the "Division") is vested in the County School Board of Frederick County, Virginia (the "Board"), a Virginia public body corporate, which holds the authority to manage and control the property of the school division and provide for erecting, furnishing and equipping of necessary school buildings; and WHEREAS, the Division has been offered a guaranteed maximum price including architectural, engineering, construction hard cost, and construction soft costs for the addition of add -alternate # 1. in the amount of $3,200,000.00 detailed in exhibit A. NOW, THEREFORE, BE IT RESPECTFULLY RESOLVED BY THE COUNTY SCHOOL BOARD OF FREDERICK COUNTY, VIRGINIA: 1. The Board requests a supplemental appropriation to the FY2020 School Construction Fund in the amount of $3,200,000.00 for the 12 classroom addition known as add -alternate # 1. to the new Robert E. Aylor Middle School, 2. The Board shall construct add -alternate # 1. in compliance with the regulations of the Board of Education and the Uniform Statewide Building Code (§22.1-140), 3. The Division Superintendent shall approve the design of the school in accordance with the Code of Virginia (§22.1-140), 4. The school plans shall be reviewed and approved according to Frederick County Ordinance by the Chief Building Official and appropriate state or federal agencies with jurisdiction such as the Virginia Department of Transportation. It is understood and memorialized in this resolution that the Chief Building Official is an agent of the Supervisors and has full and absolute authority to only approve school construction permits for projects where all agency comments have been addressed to the Chief Building Official's satisfaction. i 115 Clerk, Frederick County School Board A sted To: (Name) % 18 I9 _(Date) Executive Di for of Finance a eputy Clerk Recorded Vote Moved By: oft. ?7•o�.F�..4 Seconded By:. IVIX. !✓ , Yeas: Nays: / 116 9 `iiMWI Aylor 12-classroom add alternate budget costs Amount Source Construction $2,708,468 BB GMP A&E $140,000 RRMM fee proposal Third parry inspections $1,355 Same percentage as base budget, 0.5% of construction costs Commissioning $1,085 Same percentage as base budget, 0.4% of construction costs Furnishings allowance $136,700 No casework anticipated, so is based on the $1.4M furnishings allowance in the base budget, $10.45 per square foot (134,000 square feet in the base bid,13,018 in this add alternate). Technology allowance $97,600 Based on the $1M technology allowance in the base budget, $7.46 per square foot. Owner contingency $114,792 Total add alternate cost -$3,200,000 117 Item # 81 Board of Supervisors Agenda Item Detail Meeting Date: July 10, 2019 Agenda Section: County Officials Submitted by: Parks & Recreation Commission Item Type: Miscellaneous Item Title: Request from Parks & Recreation Commission for Recreation Trails Program (RTP) Grant Application and Supplemental Appropriation for the Bowman Library Lake Trail Attachments: Parks & Recreation Commission Request for RTC Grant Application & Supplemental Appropriation. pdf COUNTY of FREDERICK Parks and Recreation Department 540/665-5678 Fax: 540/665-9687 E-mail: fcprd@fcva.us www.fcprd.net MEMO To: Board of Supervisors From: Jason Robertson, Dir Subject: Grant Application and Spp�lemental Appropriation Request Date: July 2, 2019 The Department of Recreation and Conservation Recreation Trails Program (RTP) Grant cycle for 2019 application are due August 2, 2019. This request is proceeding directly to the Board of Supervisors rather than the Finance Committee as is typical to meet the application deadline. The request is twofold: Authorization to submit an RTP application for the Bowman Library Lake Trail (Lake Trail). The proposed lake trail is a %2 mile chip -seal trail around the lake behind the Bowman Library. Access would be from the Bowman Library. The Handley Regional Library Board considered the concept at their May meeting and provided a letter of support for the trail. A public input meeting was held at the Bowman Library on June 11, 2019, all comments received to date have been supportive. 2. Supplemental Appropriation in the amount of $157,500 contingent upon grant award. A commitment of funds is required prior to grant application. The RTP program is 80% / 20% matching grant. Proffer funds are recommended for the 20% match of $31,500. Amenity development at neighborhood parks is referenced in the county Capital Improvements Plan and there are several contributing developments in the project service area. The Parks and Recreation proffer balance as of June 30, 2019 was $253,376.51. 119 107 North Kent Street • Winchester, Virginia 22601 Item # 9.A Board of Supervisors Agenda Item Detail Meeting Date: July 10, 2019 Agenda Section: Committee Business Submitted by: Human Resource Committee Item Type: Miscellaneous Item Title: Human Resources Committee - 1. The Old Dominion Court Services (ODCS), supervised by Northwestern Regional Adult Detention Center (NRADC) requested to add a Case Officer, range 4 to the Salary Administration Plan (Exhibit A). The committee recommends approval. 2. The Human Resources Department presented recommended changes to Frederick County Human Resources policy regarding Administrative Leave & Unsafe Conditions Policies (Exhibit B). The committee recommends approval. 3. The Human Resources Department presented recommended changes to Frederick County Human Resources policy regarding Anti -Discrimination and Anti -Harassment (Exhibit C). The committee recommends approval. Note: Staff has proposed modified policy language regarding reporting options. See Memo included in the Committee Report. Attachments: HR Committee Report - June 17 2019.pdf HUMAN RESOURCES COMMITTEE REPORT to the BOARD OF SUPERVISORS Monday, June 17, 2019 9:00 a.m. 107 NORTH KENT STREET, WI NCH ESTER, VIRGINIA A Human Resources Committee meeting was held in the First Floor Conference Room at 107 North Kent Street on Monday, June 17, 2019 at 9:00 a.m. ATTENDEES: Committee Members Present: Blaine Dunn, Chairman; Don Butler; Doug McCarthy, Beth Lewin; and Dorrie Greene Staff present: Michael Marciano, Human Resources Director; DeLois Blevins, Human Resources Manager; Rod Williams, County Attorney; Jay Tibbs, Deputy County Administrator; Jim Whitley, Kim Chmura; and Lenny Millholland. Others present: None ITEMS REQUIRING ACTION BY BOARD OF SUPERVISORS: 1. The Old Dominion Court Services (ODCS), supervised by Northwestern Regional Adult Detention Center (NRADC) requested to add a Case Officer, range 4 to the Salary Administration Plan (Exhibit A). The committee recommends approval, 5 in favor & 0 against. 2. The Human Resources Department presented recommended changes to Frederick County Human Resources policy regarding Administrative Leave & Unsafe Conditions Policies (Exhibit B). The committee recommends approval, 5 in favor & 0 against. 3. The Human Resources Department presented recommended changes to Frederick County Human Resources policy regarding Anti -Discrimination and Anti -Harassment (Exhibit C). The committee recommends approval, 5 in favor & 0 against. Note the memo of June 25 explaining the administratively proposed modified language regarding reporting incidents of harassment. 4. The Human Resources Department presented a nomination for Employee of the Month for Deputy Greg Lambert (Exhibit D). The committee recommends approval of Greg Lambert for the June 2019 Employee of the Month, 5 in favor & 0 against. Respectfully submitted, HUMAN RESOURCES COMMITTEE Blaine Dunn, Chairman Don Butler Beth Lewin Doug McCarthy Dorrie Greene Robert (Bob) Wells By Michael J. Marciano, Director of Human Resources 121 Exhibit A (Material Handed Out at June 17, 2019 HR Committee Meeting) 122 Old Dominion Court services Pretrial Services & Local Probation "Case Officer" Position Request 123 OLD DOmmoN COURT SERVICES PRETRIAL SERVICES & LOCAL PRO13ATION Serving City of Winchester and S. K. Chmura, cc Chief Counties of Clarke, Frederick, Page, Shenandoah and Warren June 7, 2018. To: Frederick Co. Human Resource Committee 141M� From: S. Kimberly Chmura, Chief Re: New Case Officer Position Overview: 860 Smithfield Avenue Winchester, VA 22601 Telephone: 540-665-5633 Fax Number: 540-667-3875 Frederick County is the administrative and fiscal agent for Old Dominion Court Services (ODCS). ODCS is supervised by the Northwestern Regional Adult Detention Center. ODC5 provides community -based local probation to 18 courts in the City of Winchester and the Counties of Clarke, Frederick, Page, Shenandoah and Warren. It provides pretrial investigations to 6 courts in Winchester, Clarke and Frederick General District Courts and Juvenile Domestic Relations Courts and provides pretrial supervision to 9 courts in Winchester, Clarke and Frederick Circuit Courts, General District Courts and Juvenile Domestic Relations Courts. Please note that ODC5 is a separate agency from Old Dominion Alcohol Safety Action Program (ASAP). The director of ODCS is Kim Chmura, Community Corrections Chief, and the director of ASAP is Andrea Cosans, Director of Court Services. Pretrial/Probation Officers, Grade 5 with a salary range of $39,014-$62,337, currently complete all intakes of pretrial defendants and probationers. After completing the intakes, the officers begin supervising the ODCS clients and addressing any stabilization needs, such as, connecting to local services for housing, employment services, etc., as well as, addressing risks to public safety. In pretrial supervision, the Officers are responsible for monitoring compliance of the court -ordered bail conditions, and to provide referrals to social services to promote the mission of pretrial services; increase the likeness of court appearance and promote public safety. in probation supervision, the Officers are responsible for monitoring compliance of court -ordered obligations, as well as, directing clients to appropriate interventions, such as substance use disorder counseling, mental health counseling, batterer's intervention programming, shoplifting intervention e-learning, and alcohol/marijuana use education programming. The function of probation is to address criminogenic needs that will increase probation compliance and, in the long term, reduce recidivism. Due to increased referrals over the past few years, completing intakes in a timely fashion has become very difficult. At this time, an intake for pretrial defendant is completed within 30 days of receipt of the referral, and a probation intake may take more than 45 days due to case load size and multiple sub -offices. The Department of Criminal Justices Services (DCJS) mandates that pretrial intakes should occur within 5 business days of receipt of the order and probation intakes should occur within 10 business days of receipt of the order. ODCS continued failure in these standards will negatively im act any forthcoming compliance monitoringZaudit. At which time an action plan will be required to ensure compliance. Prior to the auditinp, process being implemented, it is desirable to address any deficits and resolve any identified concerns. It is being requested that a Case Officer title be created at the Grade 4 salary range of $34,243-$54,810. The primary function of this position will be to complete intakes within the mandated DCJS time frames. This position will have client contact, but will only see the clients one time for intake and will not address any 124 underlying issues related to substance use disorder or criminal thinking. Additionally, this position will be the primary back-up for the secretary. As this position does not have the same duties and responsibilities as the supervision officers, it is not appropriate to compensate this position at the same rate as the Grade 5 Pretrial/Probation Officers. Rationale for Position: In the FY 20 ODCS Pretrial budget, a new FTE position was added as a Grade 4 with a salary of $34,243-$54,810. At this time, the position has been approved via the budget process and if approved by the FIR Committee and Board of Supervisors (BOS), will be funded by grant funds received from the Department of Criminal Justice Services (DCJS). It is requested that this new position entitled, Case Officer, be approved. This position is necessary due to several factors. Referrals to pretrial supervision and local probation have increased significantly in the past few years. Eight years ago, pretrial services and local probation were merged under NRADC and during this restructuring, one supervisor and one administrative staff position were left vacant. Due to this reduction, many additional administrative tasks were assigned to the Pretrial/Probation Officers to complete. Current staffing is 9 FTE - 1 supervisor, 1 administrative staff, 1 Pretrial/Probation Officer who works primarily at the jail completing investigations, 3 Pretrial/Probation Officers who work primarily supervising probationers, 2 Pretrial/Probation Officers who work primarily supervising defendants and 1 Pretrial Officer who works primarily supervising defendants. This staffing has remained consistent since 2010. Lastly, there are guidelines which ODCS has not been able to meet despite trying different solutions, and the final solution is to hire a FTE whose primary job it will be to comply with these DCJS standards. The chart below shows that, while in FY 11, total placements for pretrial supervision were 443 with 170 misdemeanor charges and 264 felony charges, in FY 18, total placements were 533, with 195 misdemeanor charges and 338 felony charges. APR FY 19 97 316 413 FY 18 FY 17 FY 16 FYI FY 14 FY 13 FY 12 FY 11 195 235 302 351 338 437 412 498 533 672 714 849 353 353 330 179 398 343 316 264 751 696 646 443 While the total number has increased, it is important to note that the ratio of misdemeanor charges to felony charges also has changed significantly. Defendants being supervised for felony charges often have more serious supervision issues, such as substance abuse and/or mental health issues. Additionally, the felony cases take longer to process through the court system than misdemeanor charges. In FY 11 there were 264 felony cases supervised by ODCS. In FY 19, it is forecasted this will increase to over400 felony defendants. Therefore, ODCS staff have more needy defendants who are supervised longer. This is demonstrated by the average daily caseload for pretrial services: TOTAL YTD 19 FY 18 FY 17 FY 16 FYI FY 14 FY 13 FY 12 FY 11 324 331 28Z 316 277 257 260 204 153 125 Probation referrals have increased in the past several years as well: APR FY FY 18 FY 17 FY 16 FY 15 FY 14 19 353 334 183 218 291 289 109 96 113 104 102 106 462 430 296 322 393 395 Similar to pretrial supervision, the average daily caseload has increased; in FY 14 there were on average 295 probationers being supervised on a daily basis. Today that average is 492, or 200 more probationers today than 6 years ago, with the same staffing. Lastly, DCJS Minimum Standards for Pretrial Services §3.6 Letter B states, "Each local pretrial services agency shall develop and follow a policy and procedure for conducting an intake within five business days following notification of judicial officer action or release from confinement for all defendants placed on supervision." DCJS Minimum Standards for Local Community -Based Probation §3.2 Letter A states, "Each local community - based probation agency shall develop and follow a policy and procedure for conducting an intake for each probationer placed on supervision within ten (10) business days of notification of a court action or release from confinement." Unfortunately, since the merge of pretrial services and local probation, these standards are rarely met. In the Case Officer's job description, this new position will complete the intakes of defendants as they report for initial contact. This will significantly improve the compliance with these standards. This is important as Pretrial Services are being closely scrutinized by the Crime Commission and under a 4-year study of pretrial investigations and placements. As a result of the Crime Commission recommendations, DCJS is in the process of developing compliance monitor or audits criteria. Adhering to minimum standards will be one aspect of this compliance monitoring. Additionally, this position will be able to complete case manager tasks, such as monitoring transferred, incarcerated or other inactive cases for the Probation Officers, close cases for Pretrial/Probation Officers, conduct drug testing for PO's, and perform other data entry functions. This will allow the PO's to spend more time with defendants and probationers, thus addressing client needs more effectively. Rationale for the Grade: In speaking with other localities, they do not have a Case Officer position, but some have Probation Officers in a tier system where investigators who complete intakes are a lower grade than the supervision officers -- specifically Loudoun and Prince William. At this time at ODCS, the secretary is Grade 3. The Pretrial/Probation Officer is a Grade 5. With only one supervisor who has been here for 8 years, the only internal promotional opportunities have come from secretaries being promoted to PO, which has only happened twice in the past 15 years. Several Pretrial/Probation Officers have left ODCS to pursue similar careers in other localities or federal positions. This proposed position would be a Grade 4 with a salary of $34,243 to $54,910. The position would be a grade between secretary, Grade 3, and supervision officers, Grade 5, and thus would allow a promotional opportunity. More importantly, this position does not require the same skill sets as a supervision officer. While this position would have defendant/probationer contact, the incumbent would not be expected to build rapport or address non -compliant behavior with motivational interviewing skills. Per DCJS Minimum Standards, this position takes the Oath of Office and completes basic skills training, CORE. The educational and KSA for Pretrial/Probation 126 Officer are greater than this position. The Case Officer's position would require greater analytical skills than the secretary position. Within the Frederick Co. SAP, it would be appropriate for the Case Officer whose duties are lesser than a Pretrial/Probation Officer to be compensated one grade lower. In regards to being competitive with other localities with similar positions, ODCS reached out to several localities to inquiry as to their positions. Locality and Title of Position Frederick Case Officer Albemarle Non -Profit PO and Sr. PO Augusta None Fauquier Court Services Officer r Fauquier Part Time Court Services Officer Salary/Grade $34,243-$54,810 Grade 4 Both positions are same grade $40,794-$68,113 Grade 29 TBD — based on experience and H-Burg/R-ham $36,292-$58,074 Court Services Officer I R07 Loudoun PO —Specialist III Loudon Evaluator/investigator Specialist I Prince William PO III Prince William PO li Prince William PO I Roanoke Detention Review Specialist Roanoke Youth Counselor I $48,653 $35,939 Duties OAR has Local Probation Officer position; after 3 years, can be given Sr. Local Probation Officer Position based on merit. Duties are different and salary is enhanced. Does not have this position — Blue Ridge Court Services is under Staunton Supervision Officer— normal duties of pretrial/probation officers. PO's complete intakes. Per Director, when appropriate, they will hire part-time employee for special projects, one being completing intakes. Supervision Officer— normal duties of pretrial/probation officers. This locality does not have Intake Officer. Supervision Officer— normal duties of pretrial/probation officers. Completes bail investigations and intakes $62,029-$105,300 Caseload size is half as large. Duties include Grad 16 case reviews, coaches PO 1/11, lead major initiatives, such as, quality assurance. $55,828-$94,770 Supervision Officer — normal duties of Grade 15 pretrial/probation officers and completes intakes. _ $50,485-$85,683 Pretrial Investigator — primarily works at jail Grade 14 conducting bail hearings. $39,718-$63548 Juvenile PO in the Detention Center $30,113-$48,182 I Juvenile PO in the community Job description attached? Yes Yes Yes NA Yes Yes Been Requested Been Requested Been Requested Been Requested Yes Yes 127 Spotsylvania Stafford $42,D36-$65,145 Juvenile PO in the community Yes Probation Field Officer Warren $4©,562-$�61,720 Juvenile PO in the community Yes Intensive Supervision Grade 1.4 Officer Winchester Nothing similar York Nothing similar 128 Northwestern Regional Adult Detention Center Position Title: Case Officer Old Dominion Court Services — Pretrial Services and Local Probation Department: Northwestern Regional Adult Detention Center - ODCS Exem t/Non-Exem t: Non -Exempt Reports To: Community Corrections Chief Purpose of Grade: This is a specialized position which provides support to the ODCS by conducting intakes of pretrial defendants and probationers. This position will also assist in monitoring inactive or long-term pending cases. Incumbents coordinate directly with General District and Circuit Court Judges, their staffs, and other officers of the court, Case Officer is the primary back up to the ODCS Secretary. Date Prepared: June 2019 Range: 4 G/L Line Item: 4-011-033010-1002-000-201 Examples of Tasks Performed Within Grade: This position description may not include all of the tasks to be performed. Job Purpose: Duties include managing cases, performing drug testing if ordered, reporting to Courts and other Officers of the Court either with verbal testimony or written reports, and strictly adhering to standard operating procedure and DCJS guidelines. Additionally, the incumbent maintains offender/defendant files and the computer database management system. Weekly and monthly statistic reporting is required. The incumbent must develop positive relationships with Court officials and other local resource agencies and must perform all other duties as assigned. Essential Duties: The requirements for this position include, but are not limited to, those outlined below. All job functions, education and experience, general knowledge and abilities, and physical requirements are subject to possible modification to reasonably accommodate individuals with disabilities to enable them to perform the essential functions of the jab This document does not create an employment contract, implied or otherwise. It is the employer's discretion to add or change the duties or requirements of this position at any time. • Completes intakes of defendants who report directly from the Magistrate or Courts, • Runs a criminal history using VCIN, performing data entry of the placement. • Interviews the defendant or probationer, conducting a drug analysis and completing a risk assessment. • Documents all interactions in the case files and the PTCC case management system. • Monitors compliance of inactive cases due to transfer out status and long-term pending cases due to incarceration. • Schedules appointments and returning phone calls in a timely manner, and assisting Pretrial/Probation Officers with drug analysis and case filing. 129 Northwestern Regional Adult Detention Center • Testifies in court. • Completes data entry of placements -- including making copies, scanning files, assisting the Chief in data management and statistics. • Assists in special projects or activities, Equipment Operated: Routine office equipment, personal computer with DCJS software, NICCIVCIN Terminal, and motor vehicles. Working Conditions: Work involves some degree of risk to personal safety in an inherently stressful environment. Knowled a Skills and Abilities: Knowledge of the criminal justice processes and the Department of Criminal Justice Service standards are preferred. The ability to write and prepare written reports is essential. Strong computer skills are required to include expert keyboarding and data entry. The position requires public speaking and oral communications skills. The ability to manage multiple tasks, analyze complex information, organize and prioritize work and meet deadlines is critical. Ability to apply screening criteria to individuals, their offenses, and their personal backgrounds for the purposes of program selection is required. Preferred Knowledge, Skills and Abilities! Bilingual in Spanish and English and highly proficient at Microsoft Office software. Experience/Education. Previous experience in office setting or customer service is required. Internship in criminal justice agency is preferred. Associate's Degree from an accredited college or university with major course emphasis in Criminology, Criminal Justice, Corrections, Sociology or related field is required or applicable experience in lieu of Associate's degree. Special Requirements: • Must maintain a telephone for emergency contact purposes. • Must possess a valid driver's license. • Must obtain and maintain all Criminal Justice Services mandated training as required by DCJS, Frederick County, NRADC and ODCS. • Criminal history check and periodic drug testing required. • No record of felony convictions and no record of misdemeanor convictions in the last 10 years_ Physical Requirements; This is operative work requiring the exertion of up to and exceeding 50 pounds of force occasionally and a negligible amount of force frequently or constantly to move objects. Regular required tasks include sitting, talking or hearing in person, in meetings and by telephone. The employee is frequently required to walk and stand, and occasionally required to climb, stoop, kneel, or crouch. Visual acuity is required for preparing and analyzing written or computer data, determining the accuracy and thoroughness of work, and observing general surrounding and activities. 130 Frederick 1, Salary Administration Title Program Vepartment Range ACCOUNT ANALYST TREASURER'S OFFICE 6 ACCOUNT CLERK FREDERICK COUNTY 3 ACCOUNTING SUPERVISOR FINANCE 9 ACCOUNTING TECHNICIAN NRADC 4 ADMINISTRATIVE ASSISTANT FREDERICK COUNTY 6 AIRPORT EXECUTIVE DIRECTOR WINCHESTER REGIONAL AIRPORT NC ANIMAL CARETAKER PUBLIC WORKS/ANIMAL SHELTER ANIMAL SHELTER MANAGER PUBLIC WORKS/ANIMAL SHELTER±:A ASAP CASE MANAGER NRADC/DCS 5 ASAP CASE MANAGER ASSISTANT NRADC/DCS 4 ASSESSOR I COMMISSIONER OF THE REVENUE 7 ASSESSOR 11 COMMISSIONER OF THE REVENUE 8 ASSESSOR III COMMISSIONER OF THE REVENUE 9 ASSISTANT CHIEF FIRE & RESCUE 12 ASSISTANT COUNTY ADMINISTRATOR COUNTY ADMINISTRATION NC ASSISTANT COUNTY ATTORNEY COUNTY ATTORNEY'S OFFICE lQ ASSISTANT COURT SERVICES DIRECTOR NRADC/DCS g ASSISTANT DIRECTOR PLANNING & DEVELOPMENT 12 ASSISTANT DIRECTOR, TRANSPORTATION PLANNING & DEVELOPMENT 12 ASSISTANT FINANCE DIRECTOR FINANCE i2 ASSISTANT PUBLIC WORKS DIRECTOR PUBLIC WORKS/ADMINISTRATION 11 ASSISTANT REGISTRAR REGISTRAR'S OFFICE 4 ASSISTANT SUPERINTENDENT NRADC 12 ASST ANIMAL SHELTER MANAGER PUBLIC WCRKS/ANIMAL SHELTER 6 ASST COMMONWEALTH ATTY COMM ATTORNEY'S OFFICE 10 ASST CONVENIENCE SITE SUPERVISOR PUBLIC WORKS/LANDFILL 4 ASST NURSING DIRECTOR NRADC 8 AUDITOR COMMISSIONER OF THE REVENUE 8 BASICREC MANAGER PARKS & RECREATION 7 BENEFITS ADMINISTRATOR HUMAN RESOURCES 6 BLDG OFFICIAL CODE ADMIN PUBLIC WORKS/INSPECTIONS 10 BOOKING TECHNICIAN NRADC 3 BUSINESS DIVISION/CHIEF ADMIN COMMISSIONER OF THE REVENUE 8 BUSINESS MANAGER NRADC 8 BUSINESS RETENTION MANAGER EDA g CAPTAIN SHERIFF'S OFFICE/NRADC 10 CASHIER TREASURER'S OFFICE 3 CERTIFIED MEDICATION ASSISTANT NRADC 2 CHIEF COMMUNITY CORRECTIONS NRADC/DCS 10 CIRCUIT COURT CLERK CLERK'S OFFICE NC CIVIL ENGINEER PUBLIC WORKS/ADMINISTRATION 9 COLLECTOR TREASURER'S OFFICE $ COMMISSIONER OF THE REVENUE COMMISSIONER OF THE REVENUE NC COMMONWEALTH'S ATTORNEY COMM ATTORNEY'S OFFICE NC COMMUNICATION OFFC I PUBLIC SAFETY COMMUNICATIONS 4 COMMUNICATION OFFC II PUBLIC SAFETY COMMUNICATION S COMMUNICATION OFFC III PUBLIC SAFETY COMMUNICATION 6 COMMUNICATIONS SHIFT SUPERVISOR PUBLIC SAFETY COMMUNICATIONS 7 COMMUNITY OUTREACH COORDINATOR SHERIFF'S OFFICE 5 CONVENIENCE SITE ATTENDANT PUBLIC WORKS/LANDFILL 1 CONVENIENCE SITE SUPV PUBLIC WORKS/LANDFILL S CORRECTIONAL INVESTIGATOR NRADC 5 CORRECTIONAL NURSE I NRADC 6 CORRECTIONAL NURSE 11 NRADC 6.5 131 Frederick County Salary Administration Program - March 2019 Title Department Range CORRECTIONAL NURSE III NRADC 7 CORRECTIONAL OFFICER I NRADC 5 CORRECTIONAL OFFICER II NRADC 6 CORRECTIONAL OFFICER III NRADC 7 CORRECTIONAL SYSTEM TECH. N RADC 5 CORRECTIONAL SYSTEMS OFFC NRADC 7 COUNTY ADMINISTRATOR COUNTY ADMINISTRATION INC COUNTY ATTORNEY COUNTY ATTORNEY'S OFFICE NC COURT SERVICES DIRECTOR NRADC/DCS 10 CRIME ANALYST SHERIFF'S OFFICE 6 CSA ACCOUNT SPECIALIST CHILDREN'S SERVICES 4 CSA COORDINATOR CHILDREN'S SERVICES 8 CSR (CUSTOMER SERVICE REPRESENTATIVE FC-ALL DEPT`S EXCEPT AIRPORT 2 CUSTODIAN MAINTENANCE 1 CUSTODIAN SUPERVISOR MAINTENANCE 3 CUSTOMER SERVICE REPRESENTATIVE WINCHESTER REGIONAL AIRPORT 2 CUSTOMER SERVICE TECHNICIAN PARKS & RECREATION 3 DATA COLLECTOR COMMISSIONER OF THE REVENUE 4 DATABASE ADMINISTRATOR/DEVELOPER INFORMATION TECHNOLOGY $. DEPUTY CHIEF FIRE & RESCUE 11 DEPUTY CLERK TO THE BOARD OF COUNTY ADMINISTRATION 10 DEPUTY CLERK/OPERATIONS CLERK'S OFFICE 6 DEPUTY COMMONWEALTH ATTORNEY COMM ATTORNEY'S OFFICE 1.2 DEPUTY COUNTY ADMINISTRATOR COUNTY ADMINISTRATION INC DEPUTY 1 SHERIFF'S OFFICE 5 DEPUTY II SHERIFF'S OFFICE 6 DEPUTY III SHERIFF'S OFFICE 7' DEPUTY TREASURER TREASURER'S OFFICE 12 DEPUTY TREASURER / COMPLIANCE TREASURER'S OFFICE 10 DEPUTY TREASURER OPS TREASURER'S OFFICE 12 DEPUTY REGISTRAR REGISTRAR'S OFFICE 5 DESIGN REVIEW SPECIALIST PUBLIC WORKS/INSPECTIONS 6 DIRECTOR OF ELECTIONS/GEN REGISTRAR REGISTRAR'S OFFICE NC EDA DIRECTOR EDA NC EMS BILLING MANAGER FIRE & RESCUE 4 EMS BILLING SPECIALIST FIRE & RESCUE 2 ENVIRONMENTAL INSPECTOR PUBLIC WORKS/ADMINISTRATION 5 ENVIRONMENTAL MANAGER PUBLIC WORKS/LANDFILL 9 ENVIRONMENTAL PROGRAM ADMINISTRATOR PUBLIC WORKS/ADMINISTRATION 8 ENVIRONMENTAL SAFETY TECH PUBLIC WORKS/LANDFILL 6 EVIDENCE CLERK SHERIFF'S OFFICE _ 4 EXTENSION TECHNICIAN VIRGINIA COOP EXTENSION 5 F&R BATTALION CHIEF FIRE & RESCUE 10 F&R CAPTAIN FIRE & RESCUE 9 F&R LIEUTENANT FIRE & RESCUE g F&R SPECIALIST FIRE & RESCUE 7 F&R TECHNICIAN FIRE & RESCUE 6 FINANCE DIRECTOR FINANCE NC FINANCE SPECIALIST FINANCE 6 FINANCE TECHNICIAN AIRPORT 3 FIRE CHIEF FIRE & RESCUE INC F4REFIGHTER/EMT FIRE & RESCUE 5 FLIGHT LINE TECH WINCHESTER REGIONAL AIRPORT 4 FOOD SERVICES MANAGER NRADC 8 FOOD SERVICES SUPERVISOR NRADC 3 GAS PLANT OPERATOR PUBLIC WORKS/LANDFILL 7 GIS ANALYST COMMISSIONER OF THE REVENUE 9 132 Frederick County Salary Administration Program - March 2019 GIS TECHNICIAN INFORMATION TECHNOLOGY/PLANNING 6 HEAD CUSTODIAN MAINTENANCE 2 HEAVY EQUIPMENT MECHANIC PUBLIC WORKS/LANDFILL 8 HR ASSISTANT HUMAN RESOURCES 3 HR DIRECTOR HUMAN RESOURCES NC HR GENERALIST HUMAN RESOURCES 6 HR MANAGER HUMAN RESOURCES 10 HR SPECIALIST HUMAN RESOURCES 4 INMATE PROGRAM SPECIALIST NRADC 5 INMATE PROGRAMS COORD NRADC 6 INSPECTOR PUBLIC WORKS/INSPECTIONS 7 INVESTIGATOR SHERIFF'S OFFICE 8; IT DIRECTOR INFORMATION TECHNOLOGY NC LABORER PUBLIC WORKS/LANDFILL SHAWNE€LAND 2 LANDFILL MANAGER PUBLIC WORKS/LANDFILL 10 LANDFILL OPERATIONS SUPERVISOR PUBLIC WORKS/LANDFILL 7 LANDFILL OPERATIONS MANAGER PUBLIC WORKS/LANDFILL 8 LANDFILL SPOTTER PUBLIC WORKS/LANDFILL 3 LANDFILL TECHNICIAN PUBLIC WORKS/LANDFILL 4 LEGAL SECRETARY COMM ATTY/CNTY ATTORNEY'S OFFICE 4f LIDS TECH/RECORDS SUPV INRADC 81 ULU I tIVAN I NKAUU/Si ftKIFF> ULF 1 9 LITIGATION SUPPORT MANAGER COMM ATTORNEY'S OFFICE 9 MAINTENANCE MECHANIC ASST WINCHESTER REGIONAL AIRPORT 4� MAINTENANCE SPECIALIST PARKS & REC/MAINTENANCE 61 MAINTENANCE SUPERVISOR MAINTENANCE/NRADC 8 MAINTENANCE SUPERVISOR ASSISTANT MAINTENANCE 7 MAINTENANCE TECHNICIAN AIRPORT/NRADC 4 MAINTENANCE WORKER MAINTENANCE 3 MAJOR/CHIEF DEPUTY SHERIFF'S OFFICE 11 MARKETING COORDINATOR PARKS & RECREATION 6 MARKETING MANAGER EDA 9' MENTAL HEALTH CONSULTANT NRADC 7 MENTAL HEALTH DIRECTOR NRADC 9 MIS DIRECTOR INFORMATION TECHNOLOGY NC MIS PROGRAMMER MIS DEPARTMENT _ 11 MORTGAGE SPECIALIST TREASURER'S OFFICE 7 MOTOR EQUIP OPERATOR PUBLIC WORKS/SHAWNEELAND 4 NETWORK ADMINISTRATOR INFORMATION TECHNOLOGY 9 NETWORK OPERATIONS MANAGER INFORMATION TECHNOLOGY 10 NURSING DIRECTOR NRADC 9 OPERATIONS MANAGER PARKS & RECREATION 8 OPERATONS SUPERINTENDENT PARKS & RECREATION 9 OPERATIONS SUPERVISOR AIRPORT/Public Safety Communications 9 P&R ASSISTANT DIRECTOR PARKS & RECREATION 10 P&R DIRECTOR PARKS & RECREATION NC P&R MARKETING MANAGER PARKS & RECREATION 7 P&R PROGRAM COORDINATOR PARKS & RECREATION S PARK & STEWARDSHIP PLANNER PARKS & RECREATION 8 PARK CARETAKER PARKS & RECREATION 2 PARK MANAGER PARKS & RECREATION 8 PARK TECHNICIAN PARKS & RECREATION 3 PARKS SUPERINTENDENT PARKS & RECREATION 9 PAYROLL MANAGER FINANCE 10 PC TECHNICIAN INFORMATION TECHNOLOGY 4 133 Frederick County Salary Administration Program - March 2019 Title Department Range PERMIT MANAGER PUBLIC WORKS/INSPECTIONS 7 PERMIT TECHNICIAN PUBLIC WORKS/INSPECTIONS 4 PERSONAL PROPERTY SUPV COMMISSIONER OF THE REVENUE 8 PLANNER PLANNING & DEVELOPMENT 9 PLANNING DIRECTOR PLANNING & DEVELOPMENT INC POST DISPOSITIONAL CASE MANAGER JUVENILE PROBATION OFFICE 4 PROBATE CLERK CLERK'S OFFICE 9 PROBATION OFFICER NRADC/DC5 5 PROGRAM COORDINATOR INFORMATION TECHNOLOGY 10 PROGRAM SUPERVISOR PARKS & RECREATION 7 PROJECT MANAGER PUBLIC WORKS/ADMINISTRATION 8 PROPERTY CLERK NRADC 3 PTS CASE MANAGER NRADC/DCS 5. PTS/PROBATION OFFICER NRADC/DCS 5 PUBLIC INFORMATION OFFICER COUNTY ADMINISTRATION 9. PUBLIC SAFETY DIRECTOR PUBLIC SAFETY COMMUNICATION NC PUBLIC WORKS DIRECTOR PUBLIC WORKS/ADMINISTRATION NC PURCHASING MANAGER FINANCE 10 REAL EST ASSESS CHIEF ADMiN COMMISSIONER OF THE REVENUE 11 RECORDS CLERK FREDERICK COUNTY 3 RECORDS CLERK II SHERIFF'S OFFICE 4 RECREATION SUPERINTENDENT PARKS & RECREATION 9 RECREATION TECHNICIAN PARKS & RECREATION 3 REVENUE ANALYST TREASURER'S OFFICE 7 RISK MGR BUDGET ANALYST FINANCE g SANITARY DISTRICT MANAGER PUBLIC WORKS/SHAWNEELAN D 8 SCALE OPER/CONVEN SITE ASST PUBLIC WORKS/LANDFILL 4 SCALE OPERATOR PUBLIC WORKS/LANDFILL 5 SCANNING TECHNICIAN CLERK'S OFFICE 4 SECRETARY FREDERICK COUNTY 3 SERGEANT SHERIFF'S OFFICE/NRADC 8 SHERIFF SHERIFF'S OFFICE NC SOLID WASTE COORDINATOR PUBLIC WORKS/LANDFILL 7 SOLID WASTE MANAGER PUBLIC WORKS/LANDFILL 8 SR ACCOUNT ANALYST TREASURER'S OFFICE 7 SR ACCOUNT CLERK FREDERICK COUNTY 4 SR ANIMAL CARETAKER PUBLIC WORKS/ANIMAL SHELTER 4 SR ASAP CASE MANAGER NRADC/DCS 7 SR COLLECTOR TREASURER'S OFFICE 10 SR DESIGN REVIEW SPECIALIST PUBLIC WORKS/INSPECTIONS 8 SR INSPECTOR PUBLIC WORKS/INSPECTIONS 8 SR LANDFILL TECHNICIAN PUBLIC WORKS/LANDFILL 5 SR LEGAL SECRETARY COMM ATTY/CNTY ATTORNEY'S OFFICE 5 SR MOTOR EQUIP OPERATOR PUBLIC WORKS/SHAWNEELAND 5 SR PERMIT TECHNICIAN PUBLIC WORKS/INSPECTIONS _ 5 SR PLANNER PLANKING & DEVELOPMENT 10 SR PROBATION CASE OFFC NRADC/DC S 4. SR PROGRAM COORDINATOR INFORMATION TECHNOLOGY 11 SR PROJECT MANAGER PUBLIC WORKS/ADMINISTRATION 10 SR RECORDS CLERK FREDERICK COUNTY 5 SR SECRETARY FREDERICK COUNTY 4 SUPERINTENDENT NRADC NC TREASURER TREASURER'S OFFICE NC VW PROGRAM ASST. MANAGER VICTIM/WITNESS PROGRAM 5 VW PROGRAM MANAGER VICTIM/WITNESS PROGRAM 7 VW PROGRAM OFFICE ASSISTANT VICTIM/WITNESS PROGRAM 3 WORK RELEASE SPECIALIST INRADC 5 134 Frederick County Salary Administration Program - March 2019 ZONING ADIVIKSTRATOR PLANNING & DEVELOPMENT $ ZONING INSPECTOR PLANNING & DEVELOPMENT S �Range 13 SALARY RANGES Adopted July 2I Minimum Progressrr•Advance $101:988 $117,254 $132,520 $147,787 Maximum $163,053 12 $90,750 $104,426 $117,996 $131,566 $145,242 11 $81,420 $93,612 $105,804 $117,996 $130,188 10 $69:759 $80,254 $90,750 $101,245 $111,741 9 $60:323 $69,441 $78:452 $87,463 $96,581 8 $53,114 $61,065 $69,017 $76,968 $84,919 7 $47,919 $55,128 $62,337 $69,547 $76,756 6 $427831 $49,191 $55,658 $62,125 $68.486 5 $39,014 $44:845 $50,676 $56:507 $62,337 4 $34,243 $39,438 $44,527 $49,616 $54,810 3 $31,275 $35,939 $40,604 $45,269 $49,934 2 $27,352 $31,487 $35,621 $39,756 $43,891 1 $23,536 $27,140 $30,639 $34,137 $37,742 135 Exhibit B (Material Handed Out at June 171, 2019 HR Committee Meeting) 136 HR Committee's Draft of Administrative Leave & Unsafe Conditions Policies 137 County of Frederick Proposed Policy Changes 1.6 Definitions Administrative Closure shall be defined as work site closures authorized by the County Administrator due to unsafe conditions (e.g., inclement weather, hazardous circumstances, emergency situations, etc.). Vill. WORK HOURS, HOLIDAYS, LEAVE 8.11 Administrative Leave shall be defined as leave of absence with or without pay for the purpose of investigating or resolving work -related complaints, allegations, offenses, and/or charges which may result in formal disciplinary actions. In cases where compensation is not approved, paid time off or compensatory time may not be used. Administrative Leave may be used during an investigation when it is necessary to determine the validity of allegations against an employee for unacceptable job performance or conduct. If this action is exercised, written notice shall be given to the affected employee stating the grounds for the investigation, the date the Administrative Leave is to begin and, if possible, the dale the investigation is to be concluded. After the investigation is concluded, the employee should be notified of the results and given written notice of return to work or disciplinary action to be taken. XVII. UNSAFE CONDITIONS Unsafe Conditions shall be defined as a situation whereby the health or safety of citizens, clients, or employees would be placed at risk or that conditions or events prevent performance of regular operations, services or responsibilities. 17.1 Administrative Closure Designation/Notification Administrative Closure (as defined in this Policy) may be authorized by the County Administrator. In the case of Administrative Closure or delayed opening, employees shall be sent an automated message to their contact information of record. Additionally, the information will be posted on the County web site, social media sites, and the cable channel (Comcast Channel 16). Notification will be sent to the local radio stations - WINC and Q102. 17.2 Unsafe Conditions Leave In the event that an Administrative Closure has been authorized, this leave shall be recorded under the category of Unsafe Conditions Leave. Unsafe Conditions Leave for Non -Essential Employees Non -essential employees shall not be required to make up the time. An employee who is on scheduled paid leave during an Administrative Closure may charge Unsafe Conditions Leave in place of the scheduled paid leave (i.e., PTO, IDA and Camp). However, an employee on a regular scheduled day off will not receive credit for the Administrative Closure. 138 Unsafe Conditions for Essential Employees Essential employees are individuals whose duties must be performed regardless of Unsafe Conditions, and who must report to work despite an Administrative Closure. All essential (non-exempt and full-time) employees required by their supervisors to work during an Administrative Closure shall be paid for all hours worked during the Administrative Closure. Additionally, essential employees shall be granted Unsafe Conditions Leave for the time worked, up to a maximum of eight (8) hours per day. not to exceed 32 hours per fiscal year. Unsafe Conditions Leave hours accrued must be used within sixty (60) days (or two timesheet periods) or it will be forfeited. Any unused accrued Unsafe Conditions Leave will not be paid out at the time of termination. 17.3 Liberal Leave If there are Unsafe Conditions during normally scheduled work hours and there is no Administrative Closure, an employee shall be permitted, after appropriate contact with his/her Department Supervisor, to take Liberal Leave with the stipulation that the time must be made up within sixty (60) days. Liberal Leave make-up time shall be scheduled and approved by the Department Head. Should the time not be made up within sixty (60) days, the employee will be charged paid leave for time in arrears. 17.4 Timekeeping Unsafe Conditions Leave and Liberal Leave must both be accounted for on the timesheet. It shall be the Department Head's responsibility to oversee his/her employees' make-up time of Liberal Leave hours owed, and to reflect accurate balances in the appropriate column. When Liberal Leave make-up hours are applied to the regular working day(s) and the total amount then results in overtime, the excess hours are not eligible for overtime payment. The timesheets for essential employees who work during a delayed opening or Administrative Closure should reflect both the hours worked and Unsafe Conditions Leave. (Effective July 1, 20191 Formatted: Font: 9 pt 139 Exhibit C (Material Handed Out at June 17, 2019 HR Committee Meeting and Memo of June 25, 2019 on proposed modified language regarding reporting options) 140 "Track Changes" of Current vs. Proposed Anti -Discrimination and Anti -Harassment Policy 141 XX• ANTI-DiSCRiMINATIONAND ANTI- Formatted: indent; Lek: 0", Hanging: 0.5" HARASSMENT -POLICY Frederick County is committed to a work environment in which all individuals are treated with respect and dignity. Each individual has the right to work in a professional atmosphere that promotes equal employment opportunities and prohibits discriminatory practices, including harassment. Purpose To define Frederick County's position regarding harassment and/or sexual harassment, to maintain a working environment that is free of discriminatory harassment and/or sexual harassment in accordance with Title VII of the Civil Rights Act of 1964 and all other applicable laws, and to communicate Frederick County's actions to any such conduct. Policy: Frederick Coun is committed to maintaining a work environment that is free of Formatted: Font color. Blue discrimination. In keeping with this commitment, discrimination or harassment on the basis of sex(including regnancv_ childbirth. and rciated medical conditions, and sex stereotyping), sexual orientation, color. race, religion.national origin age disability, genetic information marital status military service or 12rotecied veteran status or any other Protected characteristic under applicable law is prohibited. Any employee found to have engaged in prohibited discrimination or harassment will be subiect to discipline up to and including tennination. For purposes of this policy, harassment includes verbal or ohvsical conduct that denigrates or shows hostility toward an individual or conduct that creates an intimidating- hostile or offensive working environment for an individual because of the individual's protected characteristic. Such conduct may include, but is not necessari1v limited lo. Slurs, epithets_ Threats. derogatory comments or visual depictions. unwelcome ,iokes and teasing, stereavoina. _insulting or obscene comments or gestures, display or circulation in the workplace of written or graphic material that denigrates or shows bostilinv or aversion toward the individual or group, or other verbal or physical actions_ relating to an individual's protected characteristic. Because there is often contusion related to the niganing of sexual harassment it deserves additional clarification. Sexual harassment includes anv unwelcome sexual conduct (including sexual advances, requests for sexual favors, and other verbal and ohvsical conduct of a sexual nature) when (1 )submission to the conduct is an explicit or implicit term or condition of employ ment. (2) submission to or rejection of the conduct is used as the basis for an emplovtnent decision affecting the individual, or (3) the conduct has the t)urpose or effect of unreasonably interfering with an individual's work verforniance. or creating an intimidating, hostile, or offensn'e working environmentµ Sexual harassment can take many forms. The. following is a partial list of the types of behavior that could constitute sexual harassment: 142 • Unwanted or unwelcome physical contact or condtwt.nf any kind. including, patting, pinching, brushing tip against. hugging, cornering, kissing, fondling, or any other similar physical contact: • Verbal abuse of a sexual nature, including sexual flirtations, advances, Propositions. sexual innuendoes, sexually suggestive, insulting or graphic comments noises or sounds. • Sexually explicit, suggestive or offensive jokes: • Demeaning, insulting, intimidating, or sexually suggestive comments about an individual's dress. body appearance, or personal life-, • The displav or distribution in the workplace of demeaning. insulting. intimidating. or sexually suggestive obiects or pictures. including nude photographs, drawings. or magazine pictures: and + Demeaning, insulting, intimidating. or sexually suggestive written, recorded or electronically transmitted messages. To violate the law, harassment must reach a certain level of seriousness in terms of its nature. repetition, and/or impact on employntent. This policyhowever, not only prohibits unlawful harassment, but also offensive conduct that is contrary to Frederick County's core values. Thus, Frederick Countyj may take action to address offensive behavior or statements based on a person's protected characteristic even il' such action(s) standing alone would not rise to the level of unlawful harassment. 143 n m-, Reporting Obfi ations Any employee who feels lie or she has been subjected to or has witnessed any kind of� harassing behavior, as described in this polio-. should hnmediately notifv the Director of I luman Resources. A supervisor who becomes aware of any harassmeN or who receives allegations of harassment from anv em lovee. must immediately advise the Director of Human Resources. All complaints will be investigated in a timely manner and confidentiali will bey maintained to the extent permitted by the circumstances consistent with the need to investigate and address the issue. Employees must cooperate fully and truthfully in any investigation relating to this policy. Dependingon n the results of the investigation Frederick County may take corrective action, including, such discipline as is appropriate up to and including immediate termination of the emplovice. rNo Retaliation rederick County forbids retaliation against any employee for making a good faith - complaint or cooperating fully and truthfully in an investigation tinder this policy. Any employee who is found to have engaged in retaliation in violation of this policy will be Formatted: Font color. Blue Formatted: Underline, Font color. Blue Formatted: Font color. Blue Formatted: Indent Left: 0.5" Formatted: Indent Left: 0.5' 144 subiect to discipline, up to and including termination. If an employee believes he or she has been retaliated against in violation of this policy, the employee must report such violation in the same way other violations of this policy are reported. Individuals and Conduct Covered This policy prohibits harassment, discrimination and retaliation whether en4jaged ink, or directed at, employees, contractors, clients, vendors. or others an employee mnv conic into contact with while working or representing the County. Conduct prohibited by this policy is unacceptable in the workplace and in any work -related setting outside the workplace, such as during business trips, business meetings and business -related social events. r,�rsne!esrerrlearn��nnrs.. ... .. .. .. _ -- - -- • - isle Updated/Approved: 05J22 J2 013 Formatted: Underline, Font color. Blue Formatted: Font color. Blue Formatted: Indent: Left: 0.5" 145 Proposed Anti -Discrimination and Anti -Harassment Policy 146 XX. ANTI-DISCRIMINATIONAND ANTI -HARASSMENT POLICY Frederick County is committed to a work environment in which all individuals are treated with respect and dignity. Each individual has the right to work in a professional atmosphere that promotes equal employment opportunities and prohibits discriminatory practices, including harassment. Purpose To define Frederick County's position regarding harassment and/or sexual harassment, to maintain a working environment that is free of discriminatory harassment and/or sexual harassment in accordance with Title VII of the Civil Rights Act of 1964 and all other applicable laws. and to communicate Frederick County's actions to any such conduct. Poles Frederick County is committed to maintaining a work environment that is free of discrimination. In keeping with this commitment, discrimination or harassment on the basis of sex (including pregnancy, childbirth, and related medical conditions, and sex stereotyping), sexual orientation, color, race, religion, national origin, age, disability, genetic information, marital status, military service or protected veteran status, or any other protected characteristic under applicable law is prohibited. Any employee found to have engaged in prohibited discrimination or harassment will be subject to discipline, up to and including termination. For purposes of this policy, harassment includes verbal or physical conduct that denigrates or shows hostility toward an individual or conduct that creates an intimidating, hostile, or offensive working environment for an individual because of the individual's protected characteristic. Such conduct may include, but is not necessarily limited to, slurs, epithets, threats, derogatory comments or visual depictions, unwelcome jokes and teasing, stereotyping, insulting or obscene comments or gestures, display or circulation in the workplace of written or graphic material that denigrates or shows hostility or aversion toward the individual or group, or other verbal or physical actions relating to an individual's protected characteristic. Because there is often confusion related to the meaning of sexual harassment, it deserves additional clarification. Sexual harassment includes any unwelcome sexual conduct (including sexual advances, requests for sexual favors, and other verbal and physical conduct of a sexual nature) when (1) submission to the conduct is an explicit or implicit term or condition of employment, (2) submission to or rejection of the conduct is used as the basis for an employment decision affecting the individual, or (3) the conduct has the purpose or effect of unreasonably interfering with an individual's work performance, or creating an intimidating, hostile, or offensive working environment. Sexual harassment can take many forms. The following is a partial list of the types of behavior that could constitute sexual harassment: 147 • Unwanted or unwelcome physical contact or conduct of any kind, including, patting, pinching, brushing up against, hugging, cornering, kissing, fondling, or any other similar physical contact; • Verbal abuse of a sexual nature, including sexual flirtations, advances, propositions, sexual innuendoes, sexually suggestive, insulting or graphic comments, noises, or sounds; • Sexually explicit, suggestive or offensive jokes, • Demeaning, insulting, intimidating, or sexually suggestive comments about an individual's dress, body, appearance, or personal Iife; • The display or distribution in the workplace of demeaning, insulting, intimidating, or sexually suggestive objects or pictures, including nude photographs, drawings, or magazine pictures, and • Demeaning, insulting, intimidating, or sexually suggestive written, recorded or electronically transmitted messages. To violate the law, harassment must reach a certain level of seriousness in terrns of its nature, repetition, and/or impact on employment. This policy, however, not only prohibits unlawful harassment, but also offensive conduct that is contrary to Frederick County's core values. Thus, Frederick County may take action to address offensive behavior or statements based on a person's protected characteristic even if such action(s) standing alone would not rise to the level of unlawful harassment. Renortine Obligations Any employee who feels he or she has been subjected to, or has witnessed, any kind of harassing behavior, as described in this policy, should immediately notify the Director of Human resources. A supervisor who becomes aware of any harassment, or who receives allegations of harassment from any employee, must immediately advise the Director of Human Resources. All complaints will be investigated in a timely manner and confidentiality will be maintained to the extent permitted by the circumstances consistent with the need to investigate and address the issue. Employees must cooperate fully and truthfully in any investigation relating to this policy. Depending on the results of the investigation, Frederick County may take corrective action, including such discipline as is appropriate, up to and including immediate termination of the employee. No Retaliation Frederick County forbids retaliation against any employee for making a good faith complaint or cooperating fully and truthfully in an investigation under this policy. Any employee who is found to have engaged in retaliation in violation of this policy will be subject to discipline, up to and including termination. If an employee believes he or she has been retaliated against in violation of this policy, the employee must report such violation in the same way other violations of this policy are reported. Individuals and Conduct Covered This policy prohibits harassment, discrimination and retaliation whether engaged in by, or directed at, employees, contractors, clients, vendors, or others an employee may come into contact with while working or representing the County. Conduct prohibited by this policy is unacceptable in the workplace and in any work -related setting outside the workplace, such as during business trips, business meetings and business -related social events. UpdatedlApproded: 149 County of Frederick W uWuuY1WYWMNLYWW WWluu WuuW.WWlyuyyWlLluNuuu„uuyyWgWIIIdMWWuuuw[yuiulWIWYYIWWI..Wuuu....wWIW6W4WYYYWIHIWYWluluuuawuYWNuwlwl wyuuyyW.uWYW4YUWuuIWI Michael J. Marciano Director of Human Resources (540) 665-5668 Fax: (540) 665-5669 Michael. Marciano@fcva.us TO: Board of Supervisors FROM: Michael J. Marciano DATE: June 25, 2019 SUBJECT: Modification to Reporting Approach Under Updated "Anti -Discrimination and Anti - Harassment" Policy euuwuWWlu[u[IIW.IWWW..Y....IYY[IY.uu.luuY.Yl.......... WYI.uY11...... W lunwwuluY[YYIYW W wuWWIl11YI11YY.Y[...[..1.Y[YUHYYYI Wli.u.uul..lLLlllllulYl..LLIW IY W LLIUYUW uY.YlwuuLLUYLl....... .u.YwwY.l At the Human Resources Committee meeting held on June 17, 2019, an updated "Anti - Discrimination and Anti -Harassment" policy was recommended to the Board of Supervisors for approval. Subsequent to that meeting, I reflected on the fact that the new policy did not provide multiple avenues of reporting any claim of harassment; rather, it requested that all claims of harassing behavior should be reported to the Director of Human Resources. Since it can be difficult for employees to come forward and report harassment to the Human Resources Department, my suggested modification is that multiple avenues of reporting be provided. To that end, the modified policy would be worded as follows: "Any employee who feels he or she has been subjected to, or has witnessed, any kind of harassing behavior, as described in this policy, should immediately notify your supervisor, Department Head, or Director of Human Resources." A complete version of the modified policy is attached for the Board of Supervisors' reference and consideration. 150 107 North Kent Street, Winchester, VA 22601 XX, ANTI-DISCRIMINATIONAND ANTI -HARASSMENT POLICY Frederick County is committed to a work environment in which all individuals are treated with respect and dignity. Each individual has the right to work in a professional atmosphere that promotes equal employment opportunities and prohibits discriminatory practices, including harassment. Purpose To define Frederick County's position regarding harassment and/or sexual harassment, to maintain a working environment that is free of discriminatory harassment and/or sexual harassment in accordance with Title VII of the Civil Rights Act of 1964 and all other applicable laws, and to communicate Frederick County's actions to any such conduct. Policy Frederick County is committed to maintaining a work environment that is free of discrimination. In keeping with this commitment, discrimination or harassment on the basis of sex (including pregnancy, childbirth, and related medical conditions, and sex stereotyping), sexual orientation, color, race, religion, national origin, age, disability, genetic information, marital status, military service or protected veteran status, or any other protected characteristic under applicable law is prohibited. Any employee found to have engaged in prohibited discrimination or harassment will be subject to discipline, up to and including termination. For purposes of this policy, harassment includes verbal or physical conduct that denigrates or shows hostility toward an individual or conduct that creates an intimidating, hostile, or offensive working environment for an individual because of the individual's protected characteristic. Such conduct may include, but is not necessarily limited to, slurs, epithets, threats, derogatory comments or visual depictions, unwelcome jokes and teasing, stereotyping, insulting or obscene comments or gestures, display or circulation in the workplace of written or graphic material that denigrates or shows hostility or aversion toward the individual or group, or other verbal or physical actions relating to an individual's protected characteristic. Because there is often confusion related to the meaning of sexual harassment, it deserves additional clarification. Sexual harassment includes any unwelcome sexual conduct (including sexual advances, requests for sexual favors, and other verbal and physical conduct of a sexual nature) when (1) submission to the conduct is an explicit or implicit term or condition of employment, (2) submission to or rejection of the conduct is used as the basis for an employment decision affecting the individual, or (3) the conduct has the purpose or effect of unreasonably interfering with an individual's work performance, or creating an intimidating, hostile, or offensive working environment. Sexual harassment can take many forms. The following is a partial list of the types of behavior that could constitute sexual harassment: 151 • Unwanted or unwelcome physical contact or conduct of any kind, including, patting, pinching, brushing up against, hugging, cornering, kissing, fondling, or any other similar physical contact; • Verbal abuse of a sexual nature, including sexual flirtations, advances, propositions, sexual innuendoes, sexually suggestive, insulting or graphic comments, noises, or sounds; • Sexually explicit, suggestive or offensive jokes; • Demeaning, insulting, intimidating, or sexually suggestive comments about an individual's dress, body, appearance, or personal life; • The display or distribution in the workplace of demeaning, insulting, intimidating, or sexually suggestive objects or pictures, including nude photographs, drawings, or magazine pictures; and • Demeaning, insulting, intimidating, or sexually suggestive written, recorded or electronically transmitted messages. To violate the law, harassment must reach a certain level of seriousness in terms of its nature, repetition, and/or impact on employment. This policy, however, not only prohibits unlawful harassment, but also offensive conduct that is contrary to Frederick County's core values. Thus, Frederick County may take action to address offensive behavior or statements based on a person's protected characteristic even if such action(s) standing alone would not rise to the level of unlawful harassment. Reporting Obligations Any employee who feels he or she has been subjected to, or has witnessed, any kind of harassing behavior, as described in this policy, should immediately notify theyour supervisor, Department Head, or Director of Human resources. A supervisor or Department Head who becomes aware of any harassment, or who receives allegations of harassment from any employee, must immediately advise the Director of Human Resources. All complaints will be investigated in a timely manner and confidentiality will be maintained to the extent permitted by the circumstances consistent with the need to investigate and address the issue. Employees must cooperate fully and truthfully in any investigation relating to this policy. Depending on the results of the investigation, Frederick County may take corrective action, including such discipline as is appropriate, up to and including immediate termination of the employee. No Retaliation Frederick County forbids retaliation against any employee for making a good faith complaint or cooperating fully and truthfully in an investigation under this policy. Any employee who is found to have engaged in retaliation in violation of this policy will be subject to discipline, up to and including termination. If an employee believes he or she 152 has been retaliated against in violation of this policy, the employee must report such violation in the same way other violations of this policy are reported. Individuals and Conduct Covered This policy prohibits harassment, discrimination and retaliation whether engaged in by, or directed at, employees, contractors, clients, vendors, or others an employee may come into contact with while working or representing the County. Conduct prohibited by this policy is unacceptable in the workplace and in any work -related setting outside the workplace, such as during business trips, business meetings and business -related social events. Updated/Approved: 153 Exhibit D (Material Handed Out at June 17, 2019 HR Committee Meeting) 154 Employee Recognition 155 County of Frederick I Employee of the Month ' domination Form Received: (FIR use) Do you know of an employee who - Exhibits EXTRA effort... Goes ABOVE AND BEYOND the requirements of his or her position... Provides OUTSTANDING service... Makes a significant contribution, accomplishment or achievement to the County of Frederick and its Criteria for Employee Recognition: Please mark the appropriate contribution(s): ® Critical Thinking and Problem Solving JE Customer Service (Exceptional) © Dependabiiity M Innovation/Creativity a Integrity x❑ Interpersonal Skills d Leadership Qualities ❑ Monetary Savings Ideas 0 Perform anceiSkilI Level ❑ Positive Attitude ® Professionalism [E Superior Accomplishment ❑ Project ❑ Other Quality x❑ Resourcefulness ❑ Safe Work Practices Employee Name: G-TeQ E. Larc- e Department: , Nomination Submitted t3y; ; + department: � , sus, W -3 <94"'Ci Nominator's Sig natvr - - — -- -� �?� t Date; i Describe the employee's accomplishments/contributions that were ABOVE AND BEYOND the normal duties expected of the position. Describe how the employee provided exceptional service: Deputy Lambert was assigned to the Drug Court during it's implementation. During his tenure there he has been an integral part of it working. He spend many hours making the program work and dealing with people of addiction. Deputy Lambert is tireless in his efforts to assist recovering addicts and, on more than one occasion, has purchased shoes, toiletries or other essentials for program participants who were without the financial means to buy those items. He brings meaningful insights to the commitment of individuals in their recovery and has an intense working knowledge of the people he is charged with supervising. I am proud of the work he does. Specifically describe the actions that meet the criteria of this award. Describe the value added to the department, team or organization. He acts in the capacity of law enforcement officer, counselor, probation officer, healer, friend, father confessor and sounding board for each of the people participating in the drug court program and without his assistance, expertise and caring commitment to program goals, chug court would cease to function. Greg goes well above the call of duty working long hours with a, sometimes, difficult population and never complains or shirks his responsibilities. He is tough but compassionate• with the drug court participants offering counsel as well as constructive criticism when appropriate. 156 Item # 10.A Board of Supervisors Agenda Item Detail Meeting Date: July 10, 2019 Agenda Section: Public Hearings (Non Planning Issues) Submitted by: Administration Item Type: Public Hearing Item Title: Outdoor Festival Permit Request of Robert Bauserman — Fab Jam Festival. 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 Saturday, September 28, 2019, from 9.00 A.M.to 5.00 P.M., on the Grounds of 2508 North Frederick Pike, Winchester, Virginia, Gainesboro Magisterial District. Property Owned by Diane and Arthur Kerns. Attachments: Bause rmanRobert(FabJam)OutdoorFestivaIPermitApplication(2019).pdf _ 4 ttadtscK� ° c° ti Fab Jam11 Hello Board, my name is Robert Bauserman and I am the promotes GN of Fab Jam. I have had the event for the past 2 years at the Frederick County Fairgrounds. This year we have moved the location in order to be "seen" a little better. I have leased the field beside Winchester Ciderworks owned by Diane and Arthur Kerns. We will be taking the show vehicles down Gold's Hill Road and be entering them into the side of the field. This will alleviate any traffic on route 522 North. have listed below the few things stated as included in the permit paperwork (I am not expecting as many folks due to venue change). i hope that this clears up any questions you may have. If you should have any further questions feel free to contact me. Items listed: • 4 Johnny Blues and 1 hand sanitizing station 1 possible food truck (mac shack) • NO bands will be playing this year Free to public (no ticket needed) FabiamshowCcD.q mail.com or (540)532-2632 158 Name of Applicant: APPLICATION FOR OUTDOOR FESTIVAL PERMIT COUNTY OF FREDERICK, VIRGINIA (Please Print Clearly) APPLICANT INFORMATION Fq� k , 7r p Telephone Numbers ~W �—u home ❑ office cell -1 home ❑ office 0 cell Address: } l �(J ` t 'F(4& ? Contact Email: �, 1 V1 -5�4 L13 FESTIVAL EVENT ORGANIZATIONAL INFORMATION Festival Event Name of Festival: L-'�— Cost of Admission to Festival: Business License Obtained: o Yes ❑ No Date(s) Start Time End Time Maximum No. of Tickets Offered For Sale Per Day Estimated No. of Attendees Per Day Location Address: i_e I -C) Owner of Property Name(s): GL1, Address: (*Note: Applicant may be required to provide a statement or other documentation indicating consent by the owner(s) for use of the property and related parking for the festival.) Promoter Name(s): Address. IC�LCR_e Cv�G. V (*NOTE: For festivals other than not -for -profit, promoter may need to check with the Frederick county Commissioner of Revenue to determine compliance with County business license requirements; In addition, promoters who have repeat or ongoing business in Virginia may he required to register with the VA State Corporation Commission for legal authority to conduct business in Virginia.) Financial Backer Name(s): Address: Performer Name of Person(s) or Group(s): Aff�A� (*NOTE: Applicant may need to update information as performers are booked for festival event.) 159 1. 2_ 3. 4. FESTIVAL EVENT LOG15TICS INFORMATION AND DOCUMENTATION Attach a copy of the printed ticket or bad of admission to the festival, containing the date(s) and time(s) of such festival (may be marked as "sample'). y,copy attached OR 0 copy to be provided as soon as available Provide a plan for adequate sanitation facilities as well as garbage, trash, and sewage disposal for persons at the festival. This plan must meet the requirements of all state and local statutes, ordinances, and regulations, and must be approvef by e V Department of Health (Lord Fairfax Health District). 'oev? G C 64 Provide a plan for providing food, water, and lodging for the persons at the festival. This plan must meet the requirements of all state and local statutes, ordinances, and regulations, and must be approved by the VA Department of Health (L rd Fairfa Healtji District). a-r S Provide a plan for adequate medical facilities for persons at the festival. This plan must meet the requirements of all state and local statutes, ordinances, and regulations, and must be approved by the County Fire Chief or Fire Marshal and the lo,J [ fir an c rescue company. 1 `2 r— ) 5. Provide a plan for adequate fire protection. This plan must meet the requirements of all state and local statutes, ordinances, and regulations, and must be approved by the County Fire Chief or Fire Marshal and the local fire and rescue company. 6. Provide a plan for adequate parking facilities and traffic control in and around the festival area. (A diagram may be submitted.) �U 7. State whether any outdoor lights or lighting will be utilized: ❑ YES 46NO if yes, provide a plan or submit a diagram showing the location of such lights and the proximity relative to the property boundaries and neighboring properties. In addition, show the location of shielding devices or other equipment to be used to prevent unreasonable glow beyond the property on which the festival is located. 8. State whether alcoholic beverages will be served: ❑ YES /No if yes, provide details on how it will be controlled. (NOTE: Evidence of any applicable VA ABC permit must also be provided and posted at the festival as required. Applicant may need to confirm with the VA ABC that a license is not required from that agency in order for festival attendees to bring their own alcoholic beverages to any event that is open to the general public upon payment of the applicable admission fee.) 160 FESTIVAL PROVISIONS Applicant makes the following statements. A. Music shall not be rendered nor entertainment provided for more than eight (8) hours in any twenty-four (24) hour period, such twenty-four (24) hour period to be measured from the beginning of the first performance at the festival. B. Music shall not be played, either by mechanical device or live performance, in such a manner that the sound emanating therefrom exceeds 73 decibels at the property on which the festival is located. C. No person under the age of eighteen (18) years of age shall be admitted to any festival unless accompanied by a parent or guardian, the parent or guardian to remain with such person at all times. (NOTE:. it may be necessary to post signs to this effect.) D. The Board, its lawful agents, and/or duly constituted law enforcement officers shall have permission to go upon the property where the festival is being held at any time for the purpose of determining compliance with the provisions of the County ordinance. CERTIFICATION I, the undersigned Applicant, hereby certify that all information, statements, and documents provided in connection with this Application are true and correct to the best of my knowledge. In addition, Applicant agrees that the festival event and its attendees shall comply with the provisions of the Frederick County ordinance pertaining to festivals as well as the festival provisions contained herein. Date: Signature of Applicant Printed Name of Applicant THE BOARD SHALL HAVE THE RIGHT TO REVOKE ANY PERMIT ISSUED UNDER THIS ORDINANCE UPON NON-COMPLIANCE WITH ANY OF ITS PROVISIONS AND CONDITIONS. 161 WO } lNinchescer C3dprwarks r oo le Earth' - ---- -1 a 2016 G-jli y _ Item # 10.13 Board of Supervisors Agenda Item Detail Meeting Date: July 10, 2019 Agenda Section: Public Hearings (Non Planning Issues) Submitted by: Administration Item Type: Public Hearing Item Title: Outdoor Festival Permit Request of Concern Hotline — 20th Annual Friday Fish Fry. 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 Friday, September 6, 2019, from 4.00 P.M. to 9.00 P.M.; on the Grounds of Grove's Winchester Harley-Davidson, 140 Independence Drive, Winchester, Virginia, Shawnee Magisterial District. Property Owned by Jobalie, LLC. Attachments: ConcernHotlineOutdoorFestivalPermitApplication(2019).pdf rol 8 9101' ,i i APPLICATION FOR OUTDOOR FF WAL FERMI COUNTY OF FREDERICK, ViRGINHA o ���19 An07fy i (�I ��e Print eleurlYl 'to0rl," APPLICANTINFORMATION p , Name of Applicant: 1 rti Telephone Number(s): JL i❑ homeig,jifice ❑ calf .3 % � 0 home ❑ office E3-c6ll— Address: Contact Email: 1 r. -� FE'STJ VAL EVENT ORGAN12ATIONAL INFORMATION Festival Event 11 Name of Festival: Cost of Admission to Festival,- IN Date(s) Start Time Location �j Address: -M Business License Obtained: o Yes o No End Maximum No, Estimated No, Time of Tickets Offered of Attendees For Sate Per Day Per Dav Owner Name(s): ,4 rs ✓✓a- rc�r �- of Property Address: (*NOTE: Applicant may he required to provide a statement or other documentation indicating consent by the owner(s) for use of the property and related parking for the festival.) Promoter Narne(s): r y Address: (*NOTE: For festivals other than ricivfor-profit, promoter may need to check with the Frederick County Commissioner of Revenue to determine compliance with County business license requirements; in addition, promoters who have repeat or ongoing business in Virginia may be required to register with the VA State Corporation Commission for legal authority to conduct business in Virginia.) Financial Name(s): Backer Address: Performer Name of Person(s) or Group(s): 164 (*NOTE; Applicant may need to update information as performers are booked forfestival event.) FESTIVAL EVENT LOGISTICS INFORMA►IONAND DOCUMENTATION I. Attach a copy of the printed ticket or badge pf-admission to the festival, containing the date(s) and time(s) of such festival (may be marked as "sample"). 2"'C'opy attached OR ❑ copy to be provided as soon as available 2. Provide a plan for adequate sanitation facilities as well as garbage, trash, and sewage disposal for persons at the festival. This plan must meetthe requirements of all state and local statutes, ordinances, and regulations, and must approved by the VA Department of Health (Lord Fairfax Health District), 3. Provide a plan for providing food, water, and lodging for the persons at the festival. This plan must meet the requirements of all state and local statutes, ordinances, and regulations, and must be approved by the VA Department of Health (Lord Fairfax Health District). 4. Provide a plan for adequate medical facilities for persons at the festival. This plan must meet the requirements of all state and local statutes, ordinances, and regulations, and must be approved by the County Fire Chief or Fire Marshal and the local fire and rescue company. v0 c F S. Provide a plan for adequate fire protection. This plan must meet the requirements of all state and local statutes, ordinances, and regulations, and must be approved by the County Fire Chief ar Fire Marshal and the local fire and rescue company. -- W — 6. Provide a plan for adequate parking facilities and traffic control in and around the festival area. (A diagram may be submitted_) State whether any outdoor lights or fighting will be utilized: rr ❑ NO If yes, provide a plan or submit a diagram showing the location of such lights and the proximity relative to the property boundaries and neighboring properties. In addition, show the location of shielding devices or other equipment to be used to prevent unreasonable glow beyond the property on which the festival is locatedl{. ,I A, v_ 1.-I- 1 - - _It r _ S. State whether alcoholic beverages will be served. 0 yES ii NO If yes, provide details on how it will be controlled. � } c-[ r, f tC_t� aSe_ (NOTE: Evidence of any applicable VA ABC permit must also be provided and posted at the festival as required. Applicant may need to confirm with the VA ABC that a license is not required from that agency in order for festival attendees to bring their own alcoholic beverages to any event that is 165 open to the general pubk upon payment of the applicable admission fee.) FESTIVAL PROVISIONS Applicant makes the following statements: A. Music shall not be rendered nor entertainment provided for more than eight (8) hours in any twenty-four (24) hour period, such twenty-four (24) hour period to be measured from the beginning of the first performance at the festival. B. Music shall not be played, either by mechanical device or live performance, in such a manner that the sound emanating therefrom exceeds 73 decibels at the property on which the festival is located. C. No person under the age of eighteen (18) years of age shall be admitted to any festival unless accompanied by a parent or guardian, the parent or guardian to remain with such person at all tunes. (NOTE: It may be necessary to post signs to this effect.) D. The Board, its lawful agents, and/or duly constituted law enforcement officers shall have permission to go upon the property where the festival is being held at any time for the purpose of determining compliance with the provisions of the County ordinance. CERTIFICATION I, the undersigned Applicant, hereby certify that all information, statements, and documents provided in connection with this Application are true and correct to the best of my knowledge. In addition, Applicant agrees that the festival event and its attendees shall comply with the provisions of the Frederick County ordinance pertaining to festivals as well as the festival provisions contained herein. Signature Applicant ,ram �j/IG�fs� i7uiL li Printed Name of Applicant Date: — y,^ 3 THE BOARD SHALL HAVE THE RIGHT TO REVOKE ANY PERMIT ISSUED UNDER THIS ORDINANCE UPON NON-COMPLIANCE WITH ANY OF ITS PROVISIONS AND CONDITIONS. 166 ti TICKJU CAN BE EXCHANGED FOR ONE MEAL GROWS HARLEY DAVIDSON RCiUT 0 EAST- 140 INDEPENDENCE RD, I IC R, VA 22602 4PI�'-TO�9P,M PRESENTED BY LYKENS 'CHIROPRACTIC `� Item # 10.0 Board of Supervisors Agenda Item Detail Meeting Date: July 10, 2019 Agenda Section: Public Hearings (Non Planning Issues) Submitted by: Administration Item Type: Public Hearing Item Title: The Board of Supervisors will Conduct a Public Hearing, Pursuant to Virginia Code Section 15.2-1800, Regarding the Conveyance, by Quitclaim Deed, of any Interest Held by the County in Real Property Identified as Tax Parcel Number 49A04-1-K-19, in the Back Creek Magisterial District, to Jennifer Larrick. Attachments: Memo & info on Quitclaim Deed- Tax Map Parcel 49A04-1-K-19.pdf COUNTY of FREDERICK Office of the County Administrator Tel: 540.665.6382 Fax: 540.667.0370 MEMORANDUM To: Frederick County Board of Supervisors From: Ann W. Phillips, Deputy Clerk Date: June 27, 2019 Re: Shawneeland Tax Parcel Number 49A04- I -K-19 — Request for Quitclaim Deed from the County ------------------------------------------------------------------- ------------------------------------------------------------------- This is a request that the Board approve granting a quitclaim deed for Tax Parcel Number 49A04- I -K-19, in Shawneeland, as more fully set forth in the accompanying materials presented to the Public Works Committee 107 North Kent Street • Winchester, Virginia 22601 169 COUNTY OF FREDERICK Roderick B. Williams County Attorney 540/722-8383 Fax 540/667-0370 E-mail rwillia@fcva.us MEMORANDUM TO: Public Works Committee FROM: Roderick B. Williams County Attorney DATE: April 1, 2019 RE: Shawneeland Tax Parcel Number 49A04-1-K-19 — Request for Quitclaim Deed from County Jennifer Larrick, the record owner of what County tax and GIS records show as Tax Parcel Number 49A04-1-K-19 ("Lot 19") in Shawneeland, has requested that the County execute a quitclaim deed to her, with respect to that lot, to rectify a title issue. Ms. Larrick in 2018 paid $2,000.00 to a private party for a deed to Lot 19, but it appears that Lot 19 was never validly created by subdivision. Lot 19 is shown outlined in red on the attached map. Ms. Larrick also owns Lots 17 and 18 immediately to the south of Lot 19. The large adjacent area, outlined in blue and denoted with the letter " F", is part of the Shawneeland open space area, owned by the County since conveyance from HALOAS in 1988. The original subdivision plat, executed by Marj ec, Inc. in 1959, for the relevant portion of Shawneeland, never created Lot 19. Instead, the area encompassing what the tax and GIS records now show as Lot 19 was left unsubdivided and part of what is now the open space area owned by the County. A copy of the deed of subdivision, recorded in Deed Book 261, at Page 464, is attached hereto, with the relevant area circled in red. In 1963, Marjec, Inc. nonetheless purported to convey Lot 19 to William Alston Duggan and Jewel Marie Duggan, husband and wife, for consideration, by deed recorded in Deed Book 297, at Page 252 (copy attached). In 2018, the Duggans having since passed away, the Duggans' heirs sold Lot 19 to Ms. Larrick for $2,000.00, by deed recorded as Instrument Number 180007627 (copy attached). 170 107 North Kent Street • Winchester, Virginia 22601 At some point after conveyance of Lot 19 to the Duggans in 1963, the County apparently noted Lot 19 in the vicinity where the County shows it today and began billing real estate taxes and any applicable fees against Lot 19, with Lot 19 effectively existing over the top of what today is the open space area owned by the County. Current Treasurer's records show that all taxes and fees since 2015 have been paid. Basic tax records for Lot 19 do not go back further than that, but the current zero balance suggests full payment of all taxes and fees for the last 20 years (the statute of limitations period for which real estate taxes are enforceable), as payments are applied to the oldest collectible taxes and fees due. Therefore, Ms. Larrick and the Duggans or their representatives appear to have paid taxes and fees for Lot 19, seemingly reflecting a good faith belief by these different parties that they owned Lot 19 at the relevant times. Ms. Larrick has requested that the County execute a quitclaim deed to her for Lot 19 and has tendered a survey of the area involved. The effect of such a deed would simply be to divest any claim by the County to the Lot 19 area of 13,125 square feet. Instead of the area being subject to a claim by the County that it is part of the open space area, the Lot 19 area would vest in Ms. Larrick, free of any County claim. This appears consistent with Ms. Larrick's and the Duggans' conduct over the years, most notably the payment of taxes and fees for land that they thought they owned. A draft quitclaim deed, with a copy of the survey plat from Ms. Larrick, is attached. I do also recommend one condition for delivery of a quitclaim deed to Ms. Larrick and that is that Ms. Larrick execute a waiver and release by which she agrees not to make any claim against the County for any taxes and fees that she paid for Lot 19 prior to delivery of the quitclaim deed. A copy of the proposed waiver is attached as well. A recommendation from the Committee as to whether to forward this matter to the Board for the scheduling of a public hearing on disposition of any County interest in Lot 19 is requested. Attachments 171 Property Map - Frederick County, VA - _ • Address 2 i — Streets Parcel 12 2�3 25 r 22 2 r 5 1A 15 12 2 r1 Frederick County Information Technologies j" 107 N Kent St Winchester, VA 22601 wCi`➢E 540-665-5614 Frederick County does not giveany expressed or irrpled warranties, 0 95 190 380 Feet conditions, representations, krdermities ofany kind, statutory, or otherwise, concemng any or all of the Frederick County G/S data. 1 :2,160 i . Towns ;-I County 2- L-) Boundary 2} I'I 2�r �2 172 Late: April 16, 2019 N REVENUE STAMPS * L. R. SWARTZ (SEAL) CANCCEE LLED VIRGINIA GRAY SWARTZ (SEAL) CA State of Virginia, County of Frederick, I, Kathleen R. Kline, a Notary. Public in and for the County and State aforesaid, do hereby certify that L. R. Swartz and Virginia Gray Swartz, his wife, whose names are signed to the foregoing writing, bearing date January 13; 1960, have personally appeared before me and acknowledged the same in my County and State aforesaid. r- My commission expires June 19, 1960. Given under my hand this l3th day of January, 1960. ~ KATHLEEN R. KI COUNTY, (SCT. This instrument of writing was produced to me:ori the 3rd day of 1960 at 1:25 P. M. and with certificate of acknowledgment thereto annexed was admitted to record. LM res e , CLERK l 162 MARJEC, INCORPORATED TO DEED OF DEDICATION THIS INSTRUMENT, made and dated this 30th day of December, 1959, by Marjec, Incorporated, a corporation organized and existing under the laws of the State of Maryland and licensed to do business in the State of Virginia, who are the lot owners in that certain plat drawn by Richard U. Goode, Certified Surveyor, sur- veyed December 14, 1959, and attached hereto and made a part of this deed of dedi- cation. WHEREAS, a meeting of the Board of Directors of Marjec, Incor- porated, was held in Frederick County, Virginia, on the 14th day of December, 1959, said meeting having been called for the purpose of considering and acting upon the proposed subdividing into lots of a portion of that certain tract or parcel of land which was conveyed to Marjec, Incorporated, by deed from Walter D. Myers and wife, dated the 29th day of June, 1956, and of record in the Clerk's Office of the Circui- Court of Frederick County, Virginia, in Deed Book 242, page 292. Said proposed plat is designated "Shawnee Land, Section K, Lots 1 - 4, 7 - 10,. 13, - 18, 20 - 25, 27 - 48, and 50 - 72; Section L, Lots 1 - 16; and Section M, Lots 1 - 23, and pro- viding for. the following named streets: Duwamish Trail, Delaware Trail, Echota Trail, Flathead Trail, Genesee Trail, and Tomahawk Trail, each with a width of fifty (50) feet. Said sections and lots on said plat lying South of and adjoining Tomahawk Trail and immediately West of and adjoining Section P heretofore platted and dedicated by instrument dated September 19, 1959, and of record in the Clerk's Office of the Circuit Court of Frederick County, Virginia, and bounded on the West, South, East and partly on the North by the other land of Marjec, Incorporated; and, WHEREAS, all of the Directors of the Corporation signed a waiver of notice of the time, place and purpose of said special meeting and consented to the same being held in Frederick -County, Virginia, upon the property of the Cor- 173 , and that any business transacted at such meeting should be as valid and 465 1 effective as though it were held after notice duly given and published; and, WHEREAS, at the said Directors meeting the following resolution was adopted; said resolution being in words and figures as follows: "Be It Resolved, that Marjec, Incorporated, subdivide into lots Section K, Lots 1 - 4, 7 - 10, 13 - 18, 20 - 25, 27 - 48, and 50 - 72; Section L, Lots 1 - 16; and Section M, Lots 1 - 23, being a portion of that certain larger tract or parcel of land which was conveyed to Marjec, Incorporated, by deed of Walter D. Myers and wife, dated the 29th day of June, 1956, and of record in the Clerk's Office of the Circuit Court of Frederick County, Virginia, in Deed Book 242, page 292, with certain streets to be shown thereon named Duwamish Trail, Delaware Trail, Echota Trail, Flathead Trail, Genesee Trail, and Tomahawk Trail, each with a width of fifty (50) feet, and that the plat of Richard U. Goode, Certi- fied Surveyor, surveyed December 14, 1959, be adopted as a subdivision of said parcel of land, and that.said plat be, and the same is hereby approved; and that this deed of dedication does not include the dedication of the streets, trails or rights of way set forth on said plat for the use and benefit of the public, but only as a right of way to and from said lots for the use and benefit of the lot owners and their assignees, invitees and guests. Be It Further Resolved, that a meeting of the Stockholders of Marjec, Incorporated, be called to be held upon the property of the said Corporatie in the County of Frederick, Virginia, on the 21st day of December, 1959, to con- . sider, ratify, confirm and approve or reject the platting of a portion of the Cor- poration's land as set forth above, and that the said plat, together with the deed of dedication, be submitted to the Stockholders at a meeting duly assembled for the approval of said Stockholders; and that the said Stockholders grant authority to the proper officers and officials to prepare and execute all deeds of dedication and deeds of conveyance of said lots, and that they also obtain approval of the same from the Board of Supervisors of Frederick County, Virginia, and all other proper officials and persons, according to the ordinances of the County of Frederic and the statutes of Virginia;",and, WHEREAS, the meeting of the Stockholders of Marjec, Incorporated was held, pursuant to the call of the Board of Directors, upon the property of the Corporation, in the County of Frederick Virginia, at 10:00 A. M., on'the 21st day of December,1959, waiver of the notice of the time; place and purpose of said special meeting and consent of same being held in accordance with the call, and that any business transacted at such meeting shall be as valid and effective as though held after notice duly given and published; and, WHEREAS, all of the Stockholders were present at said Stock- holders meeting; and, WHEREAS, at said Stockholders meeting the following resolution was adopted by affirmative vote by all of the Stockholders present; said resolution being in words and figures as follows: "Be It Resolved,'that the Stockholders of Marjec, Incorporated, approve, ratify and confirm the subdividing, platting and dedication of Section K, Lots 1 4, 7 - 10, 13 - 18, 20 - 253 27 -48, and 50 - 72; Section L, Lots 1 16; and Section M, Lots 1 - 23 as therein set forth, together with'the streets designated and named thereon, namely, Duwamish.Trail, Delaware Trail, Echota Trail, 174 Flathead Trail, Genesee Trail, and Tomahawk Trail, each with a width of Fifty (50) feet, all of which have been prepared by Richard U. Goode, Certified Surveyor, and Joseph A. Massie, Jr., attorney for the Corporation; and, Be It Further Resolved, that this deed of dedication does not include the dedication of the streets, trails or rights of way set forth on said plat for the. use and benefit of the public, but only as a right of way to and from said lots for the use and'benefit;of the lot owners and their assignees, invitees and guests; and, Be It Further Resolved, that the President and Secretary of this Corporation::bd directed to execute -'and acknowledge the same on behalf of the Cor- poration and to see to it that it -is properly approved by the proper officials of said County and State, and that the same be recorded by the Clerk of the Circuit Court of Frederick County, Virginia; and, Be It Further Resolved, that the President and Secretary of this Corporation, at their discretion, sell said lots and cause to be executed and de- livered deeds of conveyance for the same and for a price which is beneficial for the Corporation." This deed of dedication to said lots is made subject to the following restrictions and covenants which shall be deemed to run with the land for the mutual protection and benefit of all lot owners: 1. Only one building to be used as a dwelling house may be per- mitted on any one lot, together with one garage. Said dwelling shall have a min' floor area of 400 square feet, excluding porches or patios, with a frontage of not less than 20 feet. Said building may be of a contemporary period of modern design and may be constructed of wood, log, stone, brick, block or composition.. 2. Buildings of a temporary nature, trailers and tents may be permitted for a short time, upon the approval of the Board of Directors of Marjec, Incorporated. 3. Cutting of trees may be permitted on said lots, where necessa• for the clearing of space for the dwelling and garage thereon. 4:_ No business of any nature whatsoever shall be conducted on said property, nor shah arty buildings for `commercial purposes be constructed there 5. Wells for water and septic tanks or chemical toilets for sewe age must be constructed under.the supervision of the Department of Health for Fred- erick County. No outhouses will -be permitted upon the property. 6. Garbage must be kept in covered metal containers or buried. Trash, tin cans:, papers, etc. must,be kept in wire or metal containers or buried. 7.,'No 'signs of. airy nature whatsoever shall be permitted on the property, except one -'name sign not exceeding 6 inches in height or 36 inches in., length. 8. No building may be erected within 35 feet of any front or within 10 feet of the side or rear property lines. 9. The Board of Directors of Marjec, Incorporated, or a committe appointed by them, shall determine the acceptability of the design and construction which plan shall be presented to them before the erection of any building: 10. No lot or part thereof shall be sold, used or occupied by an person not of the Caucasian race. 11. This deed of dedication does not include the dedication of the streets, trails or rights of way set forth on said plat for the use and benefit of the public, but only as a right of way to and from said lots for the use and benefit of the lot owners and their assignees, invitees and guests. The said Corporation does hereby declare that it is the owner of said property and that it desires to dedicate and does hereby make this deed of dedication of said subdivision of its own free will and consent. WITNESS the signature of Donald R. Lamborn, President of Marjec Incorporated, and its Corporate Seal hereto affixed and attested by Jean Lamborn,, l its Secretary, the first date hereinabove written. (Corporate Seal) MARJEC, INCORPORATED Attested By: By DONALD R.. LAMBORNE rest en JEAN LAMBORNE Secre ary State of Virginia County of Frederick, To -wit: I, Janet M. Castleman, a Notary Public in and for the County and State aforesaid, do hereby certify that Donald R. Lamborn, President of Marjec, Incorporated, and Jean Lamborn, Secretary of said Corporation, whose names are signed to the foregoing writing, bearing date on the 30th day of December, 1959, .have this day personally appeared before me in my County aforesaid and acknowledged the same. Given under my hand this 28th day of January,1960.'. My commission expires January 31, 1960... JANET M. CASTL Notary Public 175 N39°49'E Iij 9,1 S I E I C TI 1 10 IN I IQI 75.0 642 75.0 75D 75. 75. 750 750' 75. 75.0 75.0 73.0 7&0 75.0 75.0 75D 750 179.0' ID ` �(1 N' ,!1 if1 �1 iD ,O ,D 1D ID •D �D ID 75. 75. 75.0 5.01 75.0 75. 75 D 7Sw 7 `756 -'TS '75:0' -75D I -75-0 9 R 23 " 74A' 75. 750 75.0' 75. 22 n �. Nop N �i. r_ N N N (�l - (•1 R 21 cD m75 I° 20 p o 19Zr ZNN� N` N` N` N. S 39° 22' W 18 n'J- ° .4 75.0' 75 .0' 75.d 7 o FLATHEAD 5M'RAIL� M n 17 b Q 75A 75 75' 74 75 c N 39 22' E n 16 O r i13 14 15 16 17 1 3� 15 a - R 0 S39°22' 150. o 14 7 8 9 Oo Z I°� 13-� ^ S 39° 22' W-Wo b M0 ^° 12 ^o ECHOTA TRAIL 50' II N� In 75.0 N 75 39° 75 22' 75.0 E It ° 6 N b 10 n 1 2 3 4 sue° a 8 b v7 n l 2 3 W S�°22' o' Iss.o a Q ^S ° 2 W n 25.0 7U, 3 a o DELAWARE TRAIL 5 0 6 S39°1w 51.0' n=o 10'R/W CD rN �a 39 NO 3 o - - 0 - _ _ - 70A' 70A Z R b ,o Zn7 8 9- 10 II` - 2 � . , 22' W W' E N 39°00'E TRAIL 50. y 7s.o' 3754(y75. O 0 _ (D NSID Ne0 a 3 wMAMN en aN a3 acm 0 a0 'TvrNz $3751• 7S 1' 75.1' 75.1' 75.1' iS.Ir,' 7I .14 75.132m 75.1' 7 ' ' � S7 6 t Q r1 12 B I I I = I I1 Io��\p TRAIL � Q S 52°26'E ./ 4-- � I GANNENTAHA _ 50.0' - 75. 24 23 122I 21 120 119 IB I 17 116 115 14 13 I I~ p I I i w N o APPROVED AND ACCEPTED BY THE SECTION BOARD OF SUPERVISORS OF FREDERICK "K" COUNTY, VIRGINIA. FEBRUARY 3. 19W. B.O-BRUMBACK, MAGNETICS 1956 CHAIRMAN SCALE I"= 200' WINCHESTER-FREDERICK HEALTH DEPT. 104 NORTH BRADDOCK STREET WINCHESTER,VIRGINIA JANUARY 29. 1960 \ - APPROVED FOR SEPTIC TANK -- SYSTEMS ON PRELIMINARY SURVEY EXCEPT LOTS MARKED'NS'ARE NOT 01 SUITABLE IN NATURAL STATE. E SECTION STUART C. NOTTINGHAM WILLIAM D. NASH ��22 L M.D. DIRECTOR SANITARIAN 40.6' E 0 n so°3e�J 3 '� N '39 0' .uv / 203' o s 39° 22' w 8 °0 13 14 15 I6 � , '0 70' 7o' >b S 39°22' yV 355.0' jl FINAL PLAT SECTION "K" SECTION "L" SECTION "M" LOTS 1-4, 7-10, 13-18. 20-25, 27-48, 50-72. LOTS 1 - 16 LOTS 1 - 23 SHAWNEE LAND LOCATED ABOUT 10 MILES WEST OF WINCHESTER IN BACK CREEK MAGISTERIAL DISTRICT, FREDERICK COUNTY, VIRGINIA. SURVEYED DECEMBER 14. 1959 RICHARD U. GOODE CERTIFIED SURVEYOR. 468 VIRGINIA FREDERICK COUNTY, (SCT. This instrument of writing was produced to me on the 3rd day.of February 1960 at 4:35 P. M. and with certificate of acknowledgment thereto annexed was admitted to record. �hce�ci�o ,CLERK ##163 PAUL K. BARNETT, ET UX TO :: :: DEED' CLARA H. PURSEL THIS DEED' -made and dated this 27th day of January, 1960, by and between Paul K. Barnett and Helen'B: Barnett, his wife, parties of the first part, �\ `\ and Clara H. Pursel, party of the second part. WITNESSETH: That for and in consideration of the sum ofTen Dollars ($10.00) cash in hand paid, and other good and valuable consideration, the receipt of all of which is hereby acknowledged, the said parties of the first part do hereby grant, sell, and convey, with general warranty of title, unto the party of the second part, her heirs and assigns forever, all of that certain lot or parce of land, together with all improvements and appurtenances thereto belonging, lying and being situate about three miles Northwest of Winchester, in Stonewall District, Frederick County, Virginia, and being the same land identified and designated as Lot No. 10 on the plat of the R. G. Edwards Subdivision, which is of record in the Clerk's Office of the Circuit Court of Frederick County, Virginia, in Deed Book'.-. No. 196, pages 598 and 599, said lot having a frontage of 65 feet along the Souther side of Hudson Avenue, and extending back Southward between parallel lines a dis- tance of 199.5 feet, and being the same land that was conveyed to the parties of the first part by Harris C. Lewin et ux, by deed dated March 30, 1959, and of re- cord in the aforesaid Clerk's Office in Deed Book No. 258, page 303. A reference to said records, and to the references therein contained, is here made for a furthe and more particular description of said land. It is expressly stipulated that said land is conveyed subject to all applicable or enforceable restrictions and easements of record affecting same. The aforesaid grantors covenant that they have the right to con- vey the said land to the aforesaid grantee; that the said grantee shall have quiet possession of the said land, free from all encumbrances; that they have done no act to encumber the said land; and that they will execute such further assurances of the said land as may be requisite. Witness the following signatures and seals. REVENUE STAMPS * PAUL K. BARNETT (SEAL, $19.40 CANCELLED * HELEN B. BARNETT (SEAL; State of Virginia County of Frederick, to -wit: I, Virginia Ritter, a Notary Public in and^for the County of Frederick, in the State of Virginia, do hereby certify that,Paul K. Barnett and Helen B. Barnett, his wife, whose names are signed to the fpregoing writing bearinj date of January 27th, 1960, have personally appeared before me, in my county afore- said, and acknowledged the same. 177 252 #392 MARJEC, INCORPORATED TO: : DEED WILLIAM AISTONDUGGAN, ET UX BOOK 252 GA. o- �Y Ig f THIS DEED, made and dated this loth day of July, 1963 by and between Marjec, Incorporated, a corporation organized and' existing under the laws of the State of Maryland and licensed to Plum, 1= 0 NANM —0..m a. uNO. .1................. do business in the State of Virginia, party of the first part, and William Alston Duggan and Jewel Marie Duggan, his wife, parties of the second part. WITNESSETH: That for and in consideration of the sum of Ten Dollars ($10.00) and other good and valuable consider- ations, receipt of all of which is hereby acknowledged, the party of the first part does hereby grant, bargain, sell and convey, with general warranty of title, unto William Alston Duggan and Jewel Marie Duggan, his wife, jointly in fee simple as tenants by the entirety, with the right of_survivorship as at common law, all of the following described property: All of that certain lot or parcel of land designated as Lot No. 19, in Section K, of -the plat and plan of "Shawnee Land," which plat, together with the deed of dedication, are of record in the Clerk's Office of the Circuit Court of Frederick County, Virginia, in Deed Book 261 at page 464. This is part of a larger tract or parcel of land which was conveyed to the party of the first part by deed of Walter D. Myers and wife dated the 29th day of June, 1956, and of record in the aforesaid Clerk's Office in Deed Book 242 at page 292, to which plat, deed of dedication and deed hereinabove mentioned reference is hereby made for a more particular description of the property hereby conveyed. This lot or parcel of land is conveyed subject to all of the restrictions set forth in said deed of dedication which are covenants running with the land in accordance with the authority granted therein. It is further understood and agreed between the parties hereto that all of the conditions in that certain contract of sale and purchase entered into between the parties hereto for the hereinabove described lot prior to the date of this deed are not to be merged into this deed, but are to survive and to be in full force and effect hereafter. 178 253 1E ucslL..rnrr � roruur sno.rm .r ur riMLrOral. 11.Mr1. u BOoK �97 PUCE 253 The party of the first part covenants that it has the right to convey the said land to the said parties of the second part; that the said parties of the second part shall have quiet possession of said land, free from all encumbrances except as hereinabove set forth; that the said party of the first part to its knowledge has done no act to encumber said land; and that it will execute such further assurances of title as may be requisite. IN WITNESS WHEREOF, the said Marjec, Incorporated, has caused this deed to be executed, acknowledged and delivered on its behalf by Donald R. Lamborne, its President and duly author- ized agent, and its Corporate Seal to be affixed and attested by Jean Lamborne, the Secretary, this loth day of July, 1963. 14 MARJEC, INCORPORATED i v y r, ; }• ;oR*'a•i ' Donald R. Lidborne, President fcdKtp rate Seal) 5 t ay Z /Jean Lamborne, Secretary STATE OF VIRGINIA COUNTY OF FREDERICK, To -wit: I, Janet M. Castleman, a Notary Public in and for the County and State aforesaid, do certify that Donald R. Lamborne and Jean Lamborne, President and Secretary respectively of Marjec, Incorporated, whose names are signed to the foregoing writing, bearing date on the loth day of July, 1963, have personally appeared before me in my County and State aforesaid and acknowledged the same. Given under my hand this �/ day of 1963. My commission expires January 22, 1964. Nota Public VIRGINIA FREDER!CK COUNTY, SCT. This Ins trm x t f writlnp was produced to me on the- doy of L , and with certi�� tack W,edg+ 'here annexed was a' O// to record, 179 18000'7641 w 0 co r 3 S DEED n� This Deed, made this 30 day of�� 2018, by and between Alice Maud Watkinson U and Caroline Julie Popp, as Devisees of the'Estate of Jewel Marie Duggan, GRANTORS, and Jennifer Larrick , GRANTEE; WITNESSETH That for and in consideration of the conveyance made hereby, the consideration received by the GRANTORS and other good and valuable consideration, receipt and sufficiency of which is hereby acknowledged, the GRANTORS subject to the matters described herein, hereby grant and o convey to the GRANTEE with General Warranty and English Covenants of Title, in fee simple �+ unto the GRANTEE,_ Jennifer Larrick sole owner, the following described real estate, situate, o lying and being in Frederick County, Commonwealth of Virginia, (the "Real Estate"), to wit: o J a ry SEE LEGAL DESCRIPTION ON EXHIBIT A ATTACHED HERETO a 0 w AND BEING the same property conveyed by Mariec. Incorporated, a corporation unto William Alston ro Q Duggan and Jewel Marie Duggan by virtue of a deed dated July 10, 1963 and recorded February 24, 1964 in cn Ln w Deed Book 297 at Page 252 among the land records of Frederick County, Virginia. wow u Cr w c NOTE: Jewel Marie Duggan departed this life on July 26, 2011 as per Will recorded in 11-190, Fiduciary Number FI-2011-00001412, devising said property to Caroline Julia Popp and Alice Maud Watkinson. 0 �i. The Real Estate is conveyed subject to all recorded easements, conditions, restrictions, and agreements that lawfully apply to the Real Estate or any part thereof. The GRANTORS covenant that said GRANTORS have the right to convey the Real Estate, that the GRANTORS have done no act to encumber the Real Estate; that the said GRANTEE shall have quiet possession of the Real Estate; and that the GRANTORS will execute such further assurances as may be requisite. PREPARED BY LAW OFFICES SHREVES, SCHuoEL, Tax Map Number: 49A4K19 Snc SON&' Grantee's Address: t 19, I p0 6i 3810, Caposi; PARELLO, PLLc Consideration:$2,000.00 500 Weal Jubal Early Assessed Value:$7,000.00 a (0 I1 Drive, Suite 100 WiaWeatar, VA 22001 Case:236272WIN Underwriter: Commonwealth Land Title Insurance Company P •SW723-M82 VSB#: V a7 prepared By: jim Pope Va. Bar No. 24886 �y m Deed Page 2 Case No. 236272WIN Witness the following signatures and seals: Q- T' C)J&kG ,- Alice Watkinson, Devisee of the Estate of Jewel Marie Duggan 5..� &'4d C' k,.Qa Caroline Julie Popp, Devisee of the Estate of Jewel Marie -Duggan Commonwealth of Virginia, City/County of:s Ct %taf— to wit: I, the undersigned, a Notary Public for the jurisdiction aforesaid, do certify that Alice Maud Watkinson, as Devisee of the Estate of Jewel Marie Duggan,, whose name is signed to the foregoing document, bearing the date of the L day of 4 µsF , 2018, acknowledged the same before me in my jurisdiction aforesaid, this 11;6 day of 20 rK Notary Pu My Commission Expires: jJ,, 3/st 2c� a` Commonwealth of Virginia, City/County of: I, the undersigned, a NotaryNblii Julia Popp, as Devisee of the E§4 foregoing document, bearing the c same before me in my jurisdiction , 20_ Notary Public My Commission Expires: �Q�' .•OSARG• • •9��'�? d Pu# LIp8345 Q' fiEG• M�345 ; — i M'i COM ES _2? 0, E.1 j3 S; LT .,. to wit: for the jurisdi ion aforesaid, do certify that Caroline e of Jewel M rie Duggan„ whose name is signed to the of the day of , 2018, acknowledged the lfor aid, th. day of 181 us Deed Page 2 , A . Case No. 236272WIN Witness the following signatures and seals: z ok o Alice Watkinson, Devisee of the Estate of Jewel Marie Duggan Caroline Julie Popp, Devkfee of the Estate of Jewel Marie Duggan Commonwealth* of Virginia, City/Co ty of: to wit: I, the undersigned, a Notary P lic for the jurisdiction aforesaid, do certify that Alice Maud Watkinson, as Devisee of the Es e f Jewel Marie Duggan,. whose name is signed to the foregoing document, bearing the da of the _ day of 2018, acknowledged the same before me in my jurisdiction of r aid, this day of 20_ Notary Public My Commission Expires: Cjlilil0iiwea!trgmia, City/County of: � - '"1G3' �S to wit: I, the undersigned, a Notary Public for the jurisdiction aforesaid, do certify that Caroline Julia Popp, as Devisee of the Estate of Jewel Marie Duggan„ whose name is signed to the foregoing document, bearing the date of the 30H`day of Td2018, acknowledged the same before me in myjurisdiction aforesaid, this clay of OL Q • /V` Notary Public My Commission Expires: ��(] 3�y 182 Deed Page 3 RGS Case No. 236272WIN Exhibit A Legal Description All of that certain lot or parcel of land designated as Lot No. 19, in Section K, of the plat and plan of Shawnee Land," which plat, together with the Deed of Dedication, are od record in the Clerk's Office of the Circuit Court of Frederick County, Virginia, in Deed Book 261 at Page 464. Ba&k Cr&a k V-v ci' VIKVINIA- FkMERICK COUNTY-SM. M instrument of writing was produced to me onn � —4—�!� at _� '�i �} �,"1 and with certificate acknowledgement thereto annexed was admitted to record. Tax imposed by Sec. 58.1-802 of 00 $ % , and 58.1-801 have been paid, if assessable 4e,., �0 , Clerk 183 Tax Map Parcel: 49A04-1-K-19 Grantee's Address: THIS QUITCLAIM DEED, made this Consideration: $0.00 Prepared by: Roderick B. Williams VSB#34310 day of , 2019, by and between THE COUNTY OF FREDERICK, VIRGINIA, GRANTOR, and Jennifer LARRICK, GRANTEE; WITNESSETH: THAT FOR AND IN CONSIDERATION of the sum of TEN DOLLARS ($10.00) cash in hand paid by the Grantee to the Grantor, and other good and valuable consideration, the receipt whereof is hereby acknowledged, the Grantor does hereby quitclaim, release and convey to the Grantee, all right, title and interest of the Grantor in and to the property identified as Lot 19 on the attached Final Plat for Shawneeland, Section K, Lot 19, prepared by Darren S. Foltz, L.S., dated April 7, 2019, said property being located in the Back Creek Magisterial District of the County of Frederick, Virginia. WITNESS the following signature and seal: COUNTY OF FREDERICK, VIRGINIA (SEAL) STATE OF VIRGINIA, AT LARGE, CITY OF WINCHESTER, to -wit: The foregoing instrument was acknowledged before me this day of 2019, by Kris C. Tierney, County Administrator of the County of Frederick, Virginia. Notary Public Registration number: My Commission expires: {6w5er �a VICINITY MAP SCALE 1" = 2000' PARENT 77?4CT INFORMATION: TAX ID #• 49A 4 - ((1)) - (K) - 19 ZONED: R5 USE: VACANT OWNER'S CERTIFICATE.- THE PLATTING OR DEDICATION OF THE FOLLOWING DESCRIBED LAND, 0.39 ACRES STANDING IN THE NAME OF JENNIFER LARRICK, IS WITH THE FREE CONSENT AND IN ACCORDANCE WITH THE DESIRES OF THE UNDERSIGNED OWNERS, PROPRIETORS, AND TRUSTEES, IF ANY. JENNIFER LARRICK NOTARY - STATE OF CITY / COUNTY THE FOREGOING INSTRUMENT WAS ACKNOWLEDGED BEFORE ME ON BY JENNIFER LARRICK (DATE) (NOTARY) MY COMMISSION EXPIRES APPROVALS: FREDERICK COUNTY SUBDIVISION ADMINISTRATOR DATE SURVEYORS CERTIFICATE.• I HEREBY CERTIFY THAT THE LAND CONTAINED IN THIS FINAL PLAT OF SUBDIVISION IS A PORTION OF THE LAND CONVEYED TO JENNIFER LARRICK, BY DEED DATED JULY JO, 2018, AND RECORDED IN THE OFFICE OF THE CLERK OF THE FREDERICK COUNTY CIRCUIT COURT AS INSTRUMENT NUMBER 180007627. DARREN S., F TZ, L.S. T FINAL PLAT FOR o v1� G}r, SHAWNEELAND - SECTION K - LOT 19 N ]' BACK CREEK MAGISTERIAL DISTRICT, FREDERICK COUNTY, VIRGINIA DATE: APRIL 7, 2019 SCALE: 1" ARREN S ❑ Z = 50' 1 FILE#: 18-057 Foltz Land Surveying, Inc. SHEET LIC, R 7 < pg 1/v D ( SURVE P.O. Box 23 Stephens City, Virginia 22655 Phone 1: 540-323-1497 — www.foltzlondsurveying.com 1 OF email: foltz®visuallink.com 185 FLATHEAD TRAIL TAX 01 49A2-((2))-F (EXTENDED) FREDERICK COUNTY, 14RGIN/A 3, 750 sgff. DB 685 PG 411 F, (SKI AREA) � � I �p I �s 00- coo. s 148.89 ACRES (BY SUBTRACTION) � s0�00. F <0T -1cp IRF a 50 100 SCALE: 1" = 50' AFOTES: 1. NO TITLE REPORT FURNISHED. EASEMENTS OTHER THAN SHOWN MAY EXIST. AREA TAB11t 770Mr 2. THIS PROPERTY LIES WITHIN FLOOD ZONE 'X'; MINIMAL FLOODING. AS SHOWN ON AREA OF M ORI149 49 ORIGINAL AREA = .28 ACRES F.LR.M. MAP 151069C-0200-D, = R f DEDICATION .09 ACRES DATED SEPTEMBER 2, 2009. LOT 19 = -0.30 ACRES J. LOT 19 WAS PRELIMINARY PLAT APPROVED BY FREDERICK COUNTY 1N 1959. IT WAS LEFT OFF TOTAL AREA = 148.89 ACRES (BY SUBTRACTION) FINAL PLAT APPROVED FEBRUARY 3, 1960. 4. PLAT REFERENCE.- DEED BOOK 261 PAGE 467. 5 LOT 19 WAS SOLD AND DEED RECORDED JULY 10 1963 TO WILLIAM ALSTON DUGGAN & LEGOVD: JEWEL MARIE DUGGAN. IRF = IRON REBAR FOUND 6. PROPERTY CORNERS ARE IRON REBAR SET IPF = IRON PIPE FOUND UNLESS NOTED OTHERWISE BRL = BUILDING RESTRICTION LINE FINAL PLAT oFOR f Dj SHAWNEELAND - SECTION K - LOT 19 BACK CREEK MAGISTERIAL DISTRICT, FREDERICK COUNTY, VIRGINIA DARRE S. FOLT > DATE: APRIL 7, 2019 SCALE: 1" = 50' FILE#: 18-057 LI Na, 2257 Foltz Land Surveying, Inc. SHEET 2 <4V �0� P.O. Box 23 Stephens City, Virginia 22655 OF 0 SURVE' Phone #: 540-323-1497 — www.foltzlondsurveying.com 2 email: foltz@visuallink.com 186 WAIVER AND RELEASE For and in consideration of the delivery of a quitclaim deed for a parcel of land identified as Tax Parcel Number 49A04-1-K-19 ("Lot 19") in Shawneeland and of the mutual benefits to the parties, Jennifer Larrick does hereby waive and release any and all claims that she may have against the County of Frederick (the "County") and/or any of its officers, agents, and/or employees with respect to any taxes and/or fees assessed against and/or paid by her and/or on her behalf for Lot 19 for any period prior to the date of delivery by the County to her of a quitclaim deed as to any interest of the County of Frederick in Lot 19. This waiver and release also includes, but is not limited to, waiver and release of the right to contest the amount of assessment valuation for the purposes of imposition of taxes and/or fees. Delivery of the quitclaim deed is deemed to take place contemporaneous with the execution of this waiver and release. Jennifer Larrick COMMONWEALTH OF VIRGINIA COUNTY/CITY OF Subscribed and sworn to before me this day of , 2019. Notary Public Registration Number: My Commission expires: 187 107 North Kent Street • Winchester, Virginia 22601 Item # 11.A Board of Supervisors Agenda Item Detail Meeting Date: July 10, 2019 Agenda Section: Planning Commission Business - Public Hearings Submitted by: Administration Item Type: Public Hearing Item Title: Conditional Use Permit #03-19 for Arthur Nelson Sisk, Submitted for a Landscape Contracting Business. The Property is Located at 154 Gainesboro Road, Winchester, Virginia and is Identified with Property Identification Number 29-A-73C in the Gainesboro Magisterial District. Attachments: BOS 07-10-19 CUP 03-19 Sisk Landscape Contracting Business.pdf 4vo� C CONDITIONAL USE PERMIT #03-19 Ww Arthur Nelson Sisk — Landscape Contracting Business w - � Staff Report for the Board of Supervisors �ncm Prepared: June 27, 2019 � Staff Contact: Mark R. Cheran, Zoning Administrator This report is prepared by the Frederick County Planning Staff to provide information to the Planning Commission and the Board of Supervisors to assist them in making a decision on this request. It may also be useful to others interested in this zoning matter. Reviewed Action Planning Commission: 06/05/19 Recommended Approval Board of Supervisors: 07/10/19 Pending EXECUTIVE SUMMARY: This is a request for a Conditional Use Permit (CUP) for the establishment of a landscape contracting business in the RA (Rural Areas) Zoning District. Should the Board of Supervisors find this application for a landscape contracting business to be appropriate, Staff recommends that the following conditions be attached to the CUP: 1. All review agency comments and requirements shall be complied with at all times. 2. An illustrative sketch plan shall be submitted to and approved by Frederick County and all improvements completed prior to the establishment of the use, including the screening of vehicles and equipment. Two, non -illuminated freestanding monument business signs shall be allowed with this Conditional Use Permit. Signage along Route 522 shall be fifty (50) sq. feet in area and ten (10) feet in height. Signage along Gainesboro Road (Route 684) shall be twenty (20) sq. feet in area and ten (10) feet in height. 4. Access to the site will only be via the existing Gainesboro Road (Route 684) entrance. 5. Hours of operation shall be from 8 a.m. to 8 p.m. seven (7) days a week. 6. There will be no more than six (6) employees with this use and on site at any given time. 7. Conditional Use Permit #004-98 shall be void upon approval of this Conditional Use Permit. 8. Any expansion or change of use shall require a new Conditional Use Permit. Following this public hearing, a decision regarding this Conditional Use Permit application by the Board of Supervisors would be appropriate. The Applicant should be prepared to adequately address all concerns raised by the Board of Supervisors. Page 2 CUP 903-19, Arthur Nelson Sisk — Landscape Contracting Business June 27, 2019 LOCATION: The subject property is located at 154 Gainesboro Road. MAGISTERIAL DISTRICT: Gainesboro PROPERTY ID NUMBER: 29-A-73C PROPERTY ZONING & PRESENT USE: Zoned: RA (Rural Areas) Commercial Outdoor Recreation (CUP 9004-98) ADJOINING PROPERTY ZONING & PRESENT USE: North: RA (Rural Areas) Use: Country Store South: RA (Rural Areas) Use: Residential East: RA (Rural Areas) Use: Residential West: RA (Rural Areas) Use: Residential PROPOSED USE: The Applicant proposes the establishment of a Landscaping Contracting Business. This use will be utilizing the existing structure on site as a business office, and new outbuildings are proposed for storage of equipment. There will be outdoor storage that will consist of trees, wood, and mulch for display to the public. REVIEW EVALUATIONS: Virginia Department of Transportation: The application for a Conditional Use Permit for this property appears to have little measurable impact on Route 684, the VDOT facility providing access to the property. Existing entrance is adequate for the proposed use. However, should the use ever expand in the future, the entrance may need to be upgraded to VDOT commercial standards. Frederick County Inspections: No comments. Winchester -Frederick County Health Department: This Health Department has reviewed the request for comments for a Conditional Use Permit for a Landscaping Business to park trucks and trailers at 154 Gainesboro Rd., Winchester, VA 22603 Tax Map #29-A-73C. The applicant says that he will have up to 4 (four) employees (drivers) who will leave their personal vehicles at the lot and pickup company vehicles to perform the landscaping jobs. The applicant says that no employees will remain on the premises during business hours, except for the owner/applicant and a secretary who will occupy office in the miniature golf structure. This business is served by a Pump & Haul sewage disposal system. This Health Department therefore has no objections for the use of the property to serve as a parking area for the landscaping business. Applicant is welcome to notify this Health Department of any questions about any part of this correspondence by calling (540) 722-3480 or (540) 771-3020. 190 Page 3 CUP 903-19, Arthur Nelson Sisk — Landscape Contracting Business June 27, 2019 See updated email addendum dated May 21, 2019, from Herbert Cormier, Environmental Health Supervisor. Frederick County Fire Marshall: Approve. Planning and Zoning: This proposed Conditional Use Permit (CUP) is for a landscape contracting business. This proposed use will take place on a three (3) acre tract of land. This tract of land currently has an approved CUP (CUP#004-98) for a commercial outdoor recreation facility (miniature golf) with an approved site plan. This proposed landscape business will replace the miniature golf course use. The 2035 Comprehensive Plan of Frederick County ("Comprehensive Plan") provides guidance when considering land use actions. The location of this proposed landscaping contracting business will be located within the Gainesboro Rural Community Center as identified within the Comprehensive Plan. The Comprehensive Plan addresses development within its Rural Community Centers. The Comprehensive Plan discourages large residential development within its Rural Community Centers but allows for commercial uses, if the uses are in scale and nature for the Gainesboro Community Center. The uses near this proposed use are residential in nature and an approved Off -Premise Farm Market across Gainesboro Road (Route 684). This proposed use is consistent with the goals of the Comprehensive Plan. Specifically, land use goals for the rural areas of the County identify the importance of maintaining a rural character in areas outside of the Urban Development Area (UDA). A mix of agricultural, commercial and residential uses are envisioned for this Rural Community Center. The Frederick County Zoning Ordinance allows for a landscaping contracting business in the RA Zoning District with an approved CUP. Based on the description of the use provided by the Applicant there will be no more than six (6) employees, and contain no more than nine (9) vehicles stored on the site. All business transactions of this CUP will occur within an existing office with two (2) employees on site. Majority of the business operation will be conducted off site. The hours of operation will be Monday through Sunday from 8:00 a.m. to 8:00 p.m. The Applicant will be utilizing the elements of the approved site plan assigned to CUP #004-98 these elements include parking, screening, storage bays for stock, and location of signage. There will be sales of stock that will take place on site. A new equipment building will be added to the site. The Applicant proposes two (2) on -premise signs, the first sign facing Route 522 of fifty (50) square feet in area and ten (10) feet in height. A second sign will be facing Gainesboro Road (Route 684) of twenty (20) square feet in area and ten (10) feet in height. This signage was approved with CUP 9004-98. The existing entrance to access this site is located on Gainesboro Road (Route 684), no other entrances will be used to access this site. The ultimate configuration of the site will be determined at time of submission of an illustrative sketch plan with this CUP. The Applicant has agreed to the conditions of this CUP. 191 Page 4 CUP 903-19, Arthur Nelson Sisk — Landscape Contracting Business June 27, 2019 STAFF CONCLUSIONS FOR THE 06/05/19 PLANNING COMMISSION MEETING: This is a request for a Conditional Use Permit (CUP) for the establishment of landscape contracting business in the RA (Rural Areas) Zoning District. Should the Planning Commission find this application for a landscape contracting business to be appropriate, Staff recommends that the following conditions be attached to the CUP: 1. All review agency comments and requirements shall be complied with at all times. 2. An illustrative sketch plan shall be submitted to and approved by Frederick County and all improvements completed prior to the establishment of the use, including the screening of vehicles and equipment. 3. Two, non -illuminated freestanding monument business signs shall be allowed with this Conditional Use Permit. Signage along Route 522 shall fifty (50) sq. feet in area and ten (10) ten feet in height. Signage along Gainesboro Road (Route 684) shall be twenty (20) sq. feet in area and ten (10) feet in height. 4. Access to the site will only be via the existing Gainesboro Road (Route 684) entrance. 5. Hours of operation shall be from 8 a.m. to 8 p.m. seven (7) days a week. 6. There will be no more than six (6) employees with this use and on site at any given time. 7. Conditional Use Permit #004-98 shall be void upon approval of this Conditional Use Permit. 8. Any expansion or change of use shall require a new Conditional Use Permit. PLANNING COMMISSION SUMMARY AND ACTION FOR THE 06/05/19 MEETING: Staff reported this is a request for the establishment of a landscape contracting business in the RA (Rural Areas) Zoning District. It was noted, the current land use is a Commercial Outdoor Recreation and the proposed use is landscape contracting. Staff presented a locations map of the property. This proposed use will take place on a three (3) acre tract of land and this tract of land currently has an approved CUP (CUP #004-98) for a commercial outdoor recreation facility (miniature golf) with an approved site plan; this proposed landscape business will replace the miniature golf course use. Staff shared the location of this proposed landscaping contracting business will be located within the Gainesboro Rural Community Center as identified within the Comprehensive Plan. The Comprehensive Plan discourages large residential development within its Rural Community Centers but allows for commercial uses, if the uses are in scale and nature 192 Page 5 CUP 903-19, Arthur Nelson Sisk — Landscape Contracting Business June 27, 2019 for the Gainesboro Community Center; a mix of agricultural, commercial, and residential uses are envisioned for this Rural Community Center. Staff reported that landscape contracting in the RA Zoning District is permitted with an approved CUP; based on the description of the use provided there will be no more than six (6) employees and contain no more than nine (9) vehicles stored on the site. All business transactions of this CUP will occur within the existing office with two (2) employees on site; the majority of the business operation will be conducted off site; and the hours of operation will be Monday — Sunday from 8 a.m. to 8 p.m. Staff presented an illustrative sketch plan provided by the Applicant. He noted the only entrance will be on Gainesboro Road. Staff presented the conditions as recommended: 1. All review agency comments shall be complied with at all times. 2. An illustrative sketch plan shall be submitted to and approved by Frederick County and all improvements completed prior to the establishment of the use, including the screening of vehicles and equipment. 3. Two, non -illuminated freestanding monument business signs shall be allowed with this Conditional Use Permit. Signage along Route 522 shall be fifty (50) sq. feet in area and ten (10) feet in height. Signage along Gainesboro Road (Route 684) shall be twenty (20) sq. feet in area and ten (10) feet in height. 4. Access to the site will only be via the existing Gainesboro Road (Route 684) entrance. 5. Hours of operation shall be from 8 a.m. to 8 p.m. seven (7) days a week. 6. There will be no more than six (6) employees with this use and on site at any given time. 7. Conditional Use Permit #004-98 shall be void upon approval of this Conditional Use Permit. 8. Any expansion or change of use shall require a new Conditional Use Permit. A Commission Member inquired would there be any chipping done on site for this use. Mr. Ben Butler, representing the Applicant came forward and commented there will not be chipping on site and this will be a small operation. A Commission Member asked if any retailing will be done on site. Mr. Butler noted retail business on site will be very limited. 193 Page 6 CUP 903-19, Arthur Nelson Sisk — Landscape Contracting Business June 27, 2019 A motion was made, seconded, and unanimously passed to recommend approval of Conditional Use Permit #03-19 for Arthur Sisk. (Note: Commissioners Thomas, Molden, Unger, and Mohn were absent from the meeting.) EXECUTIVE SUMMARY AND PLANNING COMMISSION RECOMMENDATION FOR THE 07/10/19 BOARD OF SUPERVISORS MEETING: This is a request for a Conditional Use Permit (CUP) for the establishment of a landscape contracting business in the RA (Rural Areas) Zoning District. Should the Board of Supervisors find this application for a landscape contracting business to be appropriate, Staff recommends that the following conditions be attached to the CUP: 1. All review agency comments and requirements shall be complied with at all times. 2. An illustrative sketch plan shall be submitted to and approved by Frederick County and all improvements completed prior to the establishment of the use, including the screening of vehicles and equipment. 3. Two, non -illuminated freestanding monument business signs shall be allowed with this Conditional Use Permit. Signage along Route 522 shall be fifty (50) sq. feet in area and ten (10) feet in height. Signage along Gainesboro Road (Route 684) shall be twenty (20) sq. feet in area and ten (10) feet in height. 4. Access to the site will only be via the existing Gainesboro Road (Route 684) entrance. 5. Hours of operation shall be from 8 a.m. to 8 p.m. seven (7) days a week. 6. There will be no more than six (6) employees with this use and on site at any given time. 7. Conditional Use Permit #004-98 shall be void upon approval of this Conditional Use Permit. 8. Any expansion or change of use shall require a new Conditional Use Permit. Following this public hearing, a decision regarding this Conditional Use Permit application by the Board of Supervisors would be appropriate. The Applicant should be prepared to adequately address all concerns raised by the Board of Supervisors. 194 Mark Cheran From: Cormier, Herbert <herbert.cormier@vdh.virginia.gov> Sent: Tuesday, May 21, 2019 9:30 AM To: Mark Cheran Subject: Re: CUP comments Mark: Thank you for meeting with me to discuss additional information abut the Arthur Sisk Landscaping Business. You said that the applicant could possibly have up to 4 or 5 customers arriving at the property per week to place orders for material, such as mulch.This Health Department has no objections to this aspect of the proposed operation at the property. Applicant may contact this Health Department at (540) 722-3480, or (540) 771-3020 to address any questions he may have about this correspondence. Herbert Cormier Environmental Health Supervisor Frederick/Shenandoah Counties (540) 771-3020/(540) 459-6965 On Tue, May 21, 2019 at 9:02 AM Mark Cheran <mcheran@fcva.us> wrote: Herb thanks for meeting with me this A.M. in regards to CUP 03-19 Arthur Sisk- Landscape Contracting Business. The applicant would like to have a small customer base of no more than 5 customers at any given day. Could you please amend your comments to include a small customer base Thanks 195 PApplication Parcels CUP # 03 - 19: Arthur Nelson Sisk PIN: 29 - A - 73C Landscape Contracting Business Zoning Map 0 F 90 180 N -+1- 196 Frederick County Planning & Development 107 N Kent St Winchester, VA22601 540 - 665 - 5651 360 Feet Map Created: May 2, 2019 Submittal Deadline ` I Y P/C Meeting 6/5 Iq BOS Meeting 21L0 APPLICATION FOR CONDITIONAL USE PERIWIT FREDERICK COUNTY, VIRGINIA 1. Applicant (check one): Property Owner Other —XI— NAME: hR'rHt1n- rJ91.S6r,i S1Stk ADDRESS: i 4 O Cam.. r .ems P e w fe-1 W F n C-4-s VA zz'�)-4 k3 TELEPHONE: Please list all owners, occupants, or parties in interest of the property: IJ7. L R • -DBuSA G-L.gNbf4 F, 1)0"5ri The property is located at: (please give exact directions and include the route number of your road or street) 4. The property has a road frontage of 753j feet and a depth of feet and consists of 3, a.S acres. (Please be exact) NO The property is owned by INiEntzgy L� R. 7ousq 6 G4,r2 joa F. -1�ousA as evidenced by deed from (previous owner) recorded in deed book no. Q 1 6 on page !sue_, as recorded in the records of the Clerk of the Circuit Court, County of Frederick. Property Identification Number (P.I.N.) -Z 9 - A - 7.3 C Magisterial District G-A ► r'J Cs /3d R a Current Zoning 197 0 Adjoining Property: USE North QT- 5 z z � East ES t p E,L, ; i 4k L South C A1NE.S00-Lc C--D_ West RS i DC, Am t A ZONING H ()2,;1ZgL(ZcaS) �t1 A 8. The type of use proposed is (consult with the Planning Dept. before completing): Li4NDSCi4�'E Cc.' M11 C7NG /.?u.f1A1&SS 9. It is proposed that the following buildings will be constructed: NO 1Vt1y CONSVvy-1 L)/J 010- The following are all of the individuals, firms, or corporations owning property adjacent to both sides and rear and in front of (across street from) the property where the requested use will be conducted. (Continue on back if necessary.) These people will be notified by mail of this application: Name and Property Identification Number Address Name oliEL CcI"T-CHF1Et-A-) 6AitiES,,4u-O PD bc=1 N C H1 L5'i E12 / UA ZZ �-- C .7 Property # Z 9 - A - -7'Z Name 111 aAi'� t C- jL. S!j''jG 57e tU 6W L-1 tJS j_(r t_1._.S kD. Property # Z ci - F } r `7 3A Name 0 X 'A L �'''O G E9,5 w�N�KE-.57� U� ZZ��► Property # 'z- cj - tq - `a U Name 4k;HC"1- `i IL4() C�IN�S6CKv �{7 j,� (n1CN�51 JQ ZZ�U Property # Z CI - �' 11 P Name ROK&T DLVOIJe-lbJ jg �EQpC2.1V111v� �?21r1C, L.i�� (UZ' vA ZZrr 0� Property # Name M CKA>-L S 1-(tf)VA`I SST 3L N D IC+C C(1C-- Property # `1 _ (� `Si A Name E M-k �;�%� I`i 6.1-'( �;�"li- r \/A 2Z.V03 Property # L. `(- 1J1 - WE., Name and Property Identification Number Address Name jS! et9/n-'��FgC'P"C Property # Z q— _ L V/-' i tvC. _ VA Z T So Cs 3 Name Property # Name Property # Name Pronertv # Name Property # Name Property # Name Property # Name Property # Name Property # Name Property # Name Property # Name Property # Name Property # Name Property # 199 . .t "yam �� // � �• ar y_t. �`� y o n - fy n yF ,, � ~I i4 r k/ S; a 1p j. mN � z ,a o rc 1P y: � g. c 0 '. - .;rr' ..;-per ,.-� .-•c - - - -.. � ;�i .F f xOPOSCD MIN) GOLF GOUKSL LFOR. t M k + - b8d E�NGC tR tsdl� RdA s V41,i j GOP VA w i � ' 200 ] f . Please use this page for your sketch of the property. Show proposed and/or existing Struct including measurements to all property lines.rh ,-4. 4 4 •`jH7G' l� IIYZE►�r'(�Czfi� � Yc?j ��v;r i• ,ter �, 8 • �9 a ` -- T� U r� c rt! r ; 201 • / r'3 trt � ? C/ 12. Additional comments if any: Y ti ell 5 V / L I (we), the undersigned, do hereby respectfully make application and petition the governing body of Frederick County, Virginia to allow the use described in this application. I understand that the sign issued to me when this application is submitted must be placed at the front property line at least seven (7) days prior to the first public hearing and maintained so as to be visible until after the Board of Supervisors' public hearing. Your application for a Conditional Use Permit authorizes any member of the Frederick County Planning Commission, Board of Supervisors or Planning and Development Department to inspect your property where the proposed use will be conducted. Signature of Applicant Signature of Owner X4,tk R. ��.#, 1�, Owners' Mailing Address ,4. 0. /30K 3 x,1 621 ois �uN crra.a, V/9 22 6 z 5 Owners' Telephone No. SY0- 53G- 317.5,9 TO BE COMPLETED BY THE ZONING ADMINISTRATOR: USE CODE: RENEWAL DATE: 203 9 Special Limited Power of Attorney County of Frederick, Virginia Frederick Planning Website: www.fcva.us Department of Planning & Development, County of Frederick, Virginia 107 North Kent Street, Winchester, Virginia 22601 Phone (540) 665-5651 Facsimile (540) 665-6395 Know Al Men By These Presents: That I (xJe (Name) _ We--�4zE.r-... 9 0D05Iq t GLt*-10 A F. 'D C50 Sh (Phone) 540-T33tc,— 37 5B (Address) 1384 6060F-ZJEf-_ C H OP C H ROAV, 6o Kf VA A;.b37 the owner(s) of all those tracts or parcels of land ("Property") cony y d to me us , by deed recorded in the Clerk's Office of the Circuit Court of the County of Frederick, Virginia, by Instrument No. q 1 to on Page 1 S$3 , and is described as Parcel:3.04S Lot: Block: Section do hereby make, constitute and appoint: (Name) __A RTi-}L>,2 StsK Subdivision: "P .4 ;t,9 A 73C- (Phone) JS+0 —6GL4 -- CG Q (Address) t'-4 6-' G,q i P 6t f-3®>eo 2.OA Q L,->i ,-c ES7-F-92 \'A A 16a3 To act as my true and lawful attorney -in -fact for and in my caur name, place and stead with full power and authority 1 0 would have if acting personally to file planning applications for my our above described Property, including: _Rezoning (including proffers) _Conditional Use Permit Master Development Plan (Preliminary and Final) Subdivision Site Plan _Variance or Appeal My attorney -in -fact shall have the authority to offer proffered conditions and to make amendments to previously approved proffered conditions except as follows: This authorization shall expire one year from the day it is signed, or until i,,ttj is otherwise rescinded or modif d. In witness thereof, T (we) have hereto set my (our) hand and sea] this, �W,day of ti 20 Signature(s) S -OF State of Virginia, Ci_t Ounty of To -wit: T, rr7 a ]Votary Public in and for the jurisdiction aforesaid, certify that the erson(s) who signed to the foregoing instrument ef onally appeared beffe me and has ack�- wle�ged the same fore mein the jurisdiction aforesaid thk30 ay of, , 20 WENDY D. ROBINSON , 1 NOTARY ODmmission Expires: t1� otary P lic Commonwealth of Virginia Reg. #7751694 My Commission Expires Mar. 31, 2021 204 4w 0 0 o" X SHOCKEY 4(,- . TN 0 SuRyo�ci ti o 3.045 Ac. 0 # CZ977 AC.) RN I'RON PIN 10 0. cu 3e t -j 1.6 "an ty 10 id N64*1 w ROUTE 684 60' R/W 205 I August 18, 1998 Mr. and Mrs. Wenzel Dousa P.O. Box 324 Cross Junction, VA 22625 FILE COPY COUNTY of FREDERICK Department; of Planning and Deveiopment 540/665.5651 FAX: 540/673-0682 RE: CUP 9004-98 of Wenzel and Glenda Dousa, P.I.N. 29-A-73C Dear Mr. and Mrs. Dousa: This letter is to confirm action taken by the Frederick County Board of Supervisors at their meeting of August 12, 1998. Your Conditional Use Permit, #004-98 for a Commercial Outdoor Recreation Miniature Golf Facility, was approved with the following conditions: 1. All review agency comments must be addressed and complied with at all times. 2. A site plan shall be approved by the County. 3. A full screen shall be provided adjacent to the adjoining residential properties (with the exception of the Fowler's property line). 4. Any on -premise business sign along North Frederick Pike shall be limited to a maximum of fifty (50) square feet in area. Any on -premise business sign along Gainesboro Road shall be limited to a maximum of twenty (20) square feet in area and ten (10) feet in height. 5. Commercial entrances shall be located along Gainesboro Road. 6. Any expansion of use or change of use would require a new CUP. Enclosed is your Pump and Haul application which has been signed by the County Administrator, plus a copy for your records. If you have any questions regarding the site plan requirements or any other aspects of your Conditional Use Permit, please feel free to call this office. Sincerely, Michael T. Ruddy, Plann7,TT 7 MTR/cc cc: Commissioner of Revenue 206 O:\Agendas APPR_DEN.LT R\DOUSA.CUP 107 North Kent Street ® Winchester, Virginia 22601-5000 ORDINANCE Action: PLANNING COMMISSION: June 5, 2019 Recommended Approval BOARD OF SUPERVISORS: July 10, 2019 ORDINANCE CONDITIONAL USE PERMIT #03-19 ARTHUR NELSON SISK LANDSCAPE CONTRACTING BUSINESS WHEREAS, Conditional Use Permit #03-19 for Arthur Nelson Sisk, submitted by Arthur Nelson Sisk for a landscape contracting business was considered. The Property is located at 154 Gainesboro Road, Winchester, Virginia and is further identified with Property Identification Number 29-A-73C, in the Gainesboro District; and, WHEREAS, the Frederick County Planning Commission held a public hearing on the Conditional Use Permit on June 5, 2019 and recommended approval of the Conditional Use Permit with conditions; and, WHEREAS, the Frederick County Board of Supervisors held a public hearing on this Conditional Use Permit during their regular meeting on July 10, 2019; and, WHEREAS, the Frederick County Board of Supervisors finds the approval of this expansion of a Conditional Use Permit to be in the best interest of the public health, safety, welfare, and in conformance with the Comprehensive Policy Plan; NOW, THEREFORE, BE IT ORDAINED by the Frederick County Board of Supervisors that Chapter 165 of the Frederick County Code, Zoning, is amended to revise the zoning map to reflect that Conditional Use Permit Application 903-19 for a landscape contracting business on the parcel identified by Property Identification Number 29-A- 73C with the following conditions: 207 PDRes #12-19 1 1. All review agency comments and requirements shall be complied with at all times. 2. An illustrative sketch plan shall be submitted to and approved by Frederick County and all improvements completed prior to the establishment of the use, including the screening of vehicles and equipment. 3. Two, non -illuminated freestanding monument business signs shall be allowed with this Conditional Use Permit. Signage along Route 522 shall be fifty (50) sq. feet in area and ten (10) sq. feet in height. Signage along Gainesboro Road (Rt. 684) shall be twenty (20) sq. feet in area and ten (10) sq. feet in height. 4. Access to the site will only be via the existing Gainesboro Road (Route 684) entrance. 5. Hours of operation shall be from 8 a.m. to 8 p.m. seven (7) days a week. 6. There will be no more than six (6) employees with this use and on -site at any given time. 7. Conditional Use Permit #004-98 shall be void upon approval of this Conditional Use Permit. 8. Any expansion or change of use shall require a new Conditional Use Permit. Passed this loth day of July 2019 by the following recorded vote: Charles S. DeHaven, Jr., Chairman J. Douglas McCarthy Shannon G.Trout Robert W. Wells Gary A. Lofton Judith McCann -Slaughter Blaine P. Dunn A COPY ATTEST Kris C. Tierney Frederick County Administrator PDRes #12-19 2