HomeMy WebLinkAboutSeptember 11 2019 Board_Agenda_PacketAGENDA
REGULAR MEETINGBOARD OF SUPERVISORS
WEDNESDAY, SEPTEMBER 11, 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 –
For Agenda Items that are not the subject of a Public Hearing
6.Consent Agenda
(Roll Call Vote Required)
6.A.
Minutes of Regular Meeting of August 14, 2019
6.A.BoardOfSupervisorsRegularMeetingMinutesBOS190814.pdf
6.B.
Finance Committee Report of August 21, 2019
6.B.CommitteeReportFinanceAugust2019.pdf
6.C.
Parks & Recreation Commission Report of August 13, 2019
6.C.CommissionReportParks&RecreationAugust2019.pdf
6.D.
Public Safety Committee Report of August 15, 2019
6.D.CommitteeReportPublicSafetyAugust2019.pdf
MEETING AGENDA PAGE 2
Frederick County Board of Supervisors
WEDNESDAY, SEPTEMBER 11, 2019
6.E.
Public Works Committee Report of August 27, 2019
6.E.CommitteeReportPublicWorksAugust2019.pdf
6.F.
Transportation Committee Report of August 26, 2019
6.F.CommitteeReportTransportationAugust2019.pdf
6.G.
Request from the Commissioner of the Revenue for Refunds and
Corresponding Supplemental Appropriations
Fisher Scientific Company LLC -$25,083.90
6.G.RefundsRequestBOS190911.pdf
6.H.
Resolution Regarding Revenue Sharing Application Support for
Renaissance Drive Extension
6.H.RevenueSharingApplicationSupportRenaissanceDrive.pdf
7.Board of Supervisors Comments
8.County Officials
8.A.
Committee Appointments
1. Northwestern Regional Jail Authority
4-year term of Kris Tierney expires 10/13/19 (Eligible for reappointment)
2. Extension Leadership Council
4-year at-Large term of Dr. Robert Meadows expires 10/28/19
(Eligible & willing for reappointment)
8.A.CommitteeAppointments190911.pdf
MEETING AGENDA PAGE 3
Frederick County Board of Supervisors
WEDNESDAY, SEPTEMBER 11, 2019
9.Committee Business
9.A.
Finance Committee Business
(*) Items 1, 4, 7, 8, and 9 were approved on the committee's consent agenda.
1. (*) The Sheriff requests a General Fund supplemental appropriation in the
amount of $13,229.82.This amount represents insurance reimbursements for
Approved on committee consent
two auto claims.No localfunds required.
agenda.
2. The Sheriff requests a General Fund supplemental appropriation in the
amount of $400.This amount represents payment for a ballistic vest.No local
The committee recommends approval.
funds required.
3. The Public Works Director requests the following supplemental
appropriations, which are carry forwards of unspent FY 2019 funds:
a.Shawneeland Fund supplemental appropriation not to exceed $151,300.55
The committee recommends approval.
for ongoing road improvements.
b. General Fund supplemental appropriation not to exceed $23,890.24for
The committee
animal shelter spay/neuter and new building design funds.
recommends approval.
c. General Fund supplemental appropriation not to exceed$337,656.54for
ongoing refuse projects, which include Stephenson, Albin, and Middletown
convenience sites and costs associated with increased hauling rates and the
The committee recommends approval.
recycling program.
d. Landfill Fund supplemental appropriation not to exceed $1,284,579.55for
ongoing landfill projects including Phase 3, Cell A rock removal and the
The committee recommends approval.
completion of a new leachate lagoon.
4. (*) The Public Works Director requests a General Fund supplemental
appropriation in the amount of $15,000.This amount represents funds from the
Approved on
Flemming Trust for spay/neuter.No local funds required.
committee consent agenda.
5. The WRAA Executive Director requests an Airport Capital Fund
supplemental appropriation in the amount of $1,550,000.This amount
represents bond proceeds for the purchase of a hanger facility and associated
The committee recommends approval.
projects.
MEETING AGENDA PAGE 4
Frederick County Board of Supervisors
WEDNESDAY, SEPTEMBER 11, 2019
6. The WRAA Executive Director requests an Airport Fund supplemental
appropriation in the amount of $37,000 and a General Fund supplemental
appropriation in the amount of $27,750.These amounts represent projected
The committee
debt service for FY 2020 and the County’s local share.
recommends approval.
7. (*) The Parks &Recreation Director requests a General Fund supplemental
appropriation not to exceed $71,942.45.This amount represents a carry
forward of unspent FY 2019 for the ongoing Recreation Access Project at
Approved on committee consentagenda.
Northwest Sherando Park.
8. (*) The Parks & Recreation Director requests a General Fund supplemental
appropriation in the amount of $500.This amount represents a donation from
the Molden family for a park bench at Rose Hill Park.No local funds
Approved on committee consent agenda.
required.
9. (*) The Deputy County Administrator requests a General Fund
supplemental appropriation not to exceed $52,754.95.This amount represents
Approved on
ongoing projects for building repair and maintenance.
committee consent agenda.
10. The Fire & Rescue Chief requests a General Fund supplemental
appropriation in the amount of $257,018.69to assist the Winchester City Fire &
Rescue in completing the Burn Building Replacement Project. This item has
The
been endorsed by the Public Safety Committee.Local funds are required.
committee recommends approval.
11. The Finance/Audit Committee charter adopted by the Board of Supervisors
The committee recommends
requires an annual review and reassessment.
approval of the charter with no changes.
12. Supervisor Trout is requesting the County to consider donating to the
The committee recommends denial.
Virginia War Memorial Foundation.
MEETING AGENDA PAGE 5
Frederick County Board of Supervisors
WEDNESDAY, SEPTEMBER 11, 2019
9.B.
Public Works Committee
The committee recommends
Fire Prevention Code Fee Schedule -
approval of the Fee Schedule.
9.B.FeeScheduleMemo&DraftFees.pdf
10.Public Hearings (Non Planning Issues)
10.A.
Ordinance to Provide for the Implementation of the Federal
Workforce Innovation and Opportunity Act of 2014 and Authorizing
the Participation of Frederick County in the Shenandoah Valley
Chief Elected Officials Consortium Under the Auspices of the
Shenandoah Valley Workforce Development Board, and for Other
Related Purposes.
10.A.ConsortiumAgreementAndOrdinance090619.pdf
11.Planning Commission Business -Public Hearings
11.A.
Conditional Use Permit #06-19 for Landfall Lodge,
Submitted for
Establishment of a Special Event Facility in the RA (Rural Areas) Zoning
District.The Property is Located at 350 Chestnut Grove Road,
Winchester, Virginia and is Identified with Property Identification
Numbers 30-A-50 and 30-A-50D in the Gainesboro Magisterial District.
11.A.CUP06-19-LandfallLodge.pdf
11.B.
Rezoning #02-19 for CB Ventures, LLC.,
Submitted by Greenway
Engineering, Inc. to Rezone 1.04+/-Acres from the B2 (General
Business) District to the B3 (Industrial Transition) District with
Proffers.The Property is Located on the South Side of Martinsburg Pike
(Route 11) and the Northeast Side of Amoco Lane (Route 839) at the
Southwest Quadrant of Interstate 81 and is Identified by Property
Identification Number 43-A-48E in the Stonewall Magisterial District.
11.B.CBVenturesRezoning02-19.pdf
MEETING AGENDA PAGE 6
Frederick County Board of Supervisors
WEDNESDAY, SEPTEMBER 11, 2019
12.Planning Commission Business -Other Planning Business
12.A.
Request to Schedule Joint Work Session with the Planning Commission
on Comprehensive Plan Amendments
12.A.WorkSessionRequest.pdf
13.Board Liaison Reports
14.Citizen Comments–
Regarding any topic of local concern
15.Board of Supervisors Comments
16.Adjourn
8
MINUTES
CLOSED SESSION AND REGULAR MEETING
FREDERICK COUNTY BOARD OF SUPERVISORS
WEDNESDAY, AUGUST 14,2019
7:00P.M.
BOARD ROOM, COUNTY ADMINISTRATION BUILDING
107 NORTH KENT STREET, WINCHESTER, VIRGINIA
ATTENDEES
Board of Supervisors: Charles S. DeHaven, Jr., Chairman; Gary A. Lofton, Vice Chairman;
Blaine P. Dunn; Judith McCann-Slaughter;Shannon G. Trout; J. Douglas McCarthyandRobert W.
Wells were present.
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; John Bishop, Assistant Director of Planning & Development-
Transportation;Mark Cheran, Zoning & Subdivision Administrator; Scott Varner, Director of
Information Technologies; Mike Marciano, Director of Human Resources; Cheryl Shiffler, Director
of Finance; andAnn W. Phillips, Deputy Clerk to the Board of Supervisors.
CALL TO ORDER
Chairman DeHaven called the meeting to order at 7:00p.m.
INVOCATION
Pastor John Van Drunenof Fellowship Bible Churchdeliveredthe invocation.
PLEDGE OF ALLEGIANCE
Vice Chairman Loftonled the Pledgeof Allegiance.
ADOPTION OF AGENDA –APPROVED
Upon motion of Vice Chairman Lofton,seconded by Supervisor McCarthy, theagenda
was adoptedon a voice vote.
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Frederick County Board of Supervisors
Regular Meeting Minutes * August 14, 2019
1
CITIZENS COMMENTS
Steve Jennings, Back Creek District, spoke in favor of the grant application to assist in
expanding broadband Internet service. He suggestedthe Boardmake a statement of intention to
begin a second broadband expansion project in the Back Creek District.
Robin Young, Back Creek District, spoke in favor of the grant application to assist with
broadband expansion. She referenced other localities having an ordinance providing for all utilities
to share installation at the same time, especially before development. She suggested the Board
investigate a pilot program to establish a Homework Center with Internet availability in the Back
Creek District.
Deetzie Bayliss, Back Creek District, spoke in favor of increasing broadband availability in
the Back Creek District.
ADOPTION OF CONSENT AGENDA –APPROVED
Upon motion of Vice Chairman Lofton, seconded by Supervisor McCarthy,theconsent
agenda was adoptedon aroll call vote as follows:
Blaine P. DunnAyeShannon G. TroutAye
Gary A. LoftonAyeRobert W. WellsAye
J. Douglas McCarthyAyeCharles S. DeHaven, Jr.Aye
Judith McCann-SlaughterAye
-Minutes: Closed Session and Regular Meeting of 7-10-19-
CONSENT AGENDA APPROVAL
-Finance Committee Report of 7-17-19-
CONSENT AGENDA APPROVAL, Appendix 1
-Human Resources Committee Report of 7-12-19-
Appendix 2
CONSENT AGENDA APPROVAL,
-Parks & Recreation Commission Report of 7-9-19-
Appendix 3
CONSENT AGENDA APPROVAL,
-Public Works Committee Report of 7-30-19 -
, Appendix 4
CONSENT AGENDA APPROVAL
-Transportation Committee Report of 7-29-19-
Appendix 5
CONSENT AGENDA APPROVAL,
-Northwestern Community Services Performance Contract FY 2020 -
CONSENT AGENDA
APPROVAL
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Frederick County Board of Supervisors
Regular Meeting Minutes * August 14, 2019
2
-Letter of Support for Juvenile Justice and Delinquency Prevention Grant to Benefit the
Timbrook Achievement Center –
CONSENT AGENDA APPROVAL
-Request from Commissioner of the Revenue for Refunds and Corresponding
Supplemental Appropriations -
CONSENT AGENDA APPROVAL
1. Acar Leasing LTD -$10,315.05
2. Enterprise FM Trust -$3,086.08
3. HVT Inc./Honda Lease Trust -$2,655.49
4. Toyota Lease Trust -$18,366.22
-Employee of the Month Resolution for Anthony Baker -
CONSENT AGENDA APPROVAL
WHEREAS, Anthony C. Baker, who serves as a Marketing Manager, wi
Parks and Recreation department, was nominated for Employee of the Month; and
WHEREAS, in May 2019, Anthony C. Baker was asked to assist in fi
information to staff that would inform them of upcoming programs
park project updates; and
WHEREAS, Anthony C. Baker created a fantastic newsletter that is circulated among staf
Constant Contact and is innovative, informative and helps bridge
various work locations; and
WHEREAS, Anthony C. Bakers newsletter project was a very professional communicative piece
that helps all areas of the Parks and Recreation Department be m
each of the Departments divisions, for in the absence of face-to-face contact with each staff member on a
daily basis, creating a method of communication will help continue to build
to the success of any department.
NOW, THEREFORE BE IT RESOLVED, by the Frederick County Board of
day of August 2019, that Anthony C. Baker is hereby recognized as the Frederick County Employee of the
Month for July 2019; and
BE IT FURTHER RESOLVED, that the Board of Supervisors extends gr
Baker for his outstanding performance and dedicated service and ued success in future
endeavors; and
BE IT FINALLY RESOLVED, that Anthony C. Baker is hereby entitled
privileges associated with this award.
+ + + + + + + + + + + + + +
-Employee of the Month Resolution for Rachel Taylor-
CONSENT AGENDA APPROVAL
WHEREAS, Rachel E. Taylor, Family Services Specialist IV, with t
Department of Social Services was nominated for Employee of the
WHEREAS, Rachel Taylor, who is assigned to the Child Protective Services
always willing to lend support, expertise, knowledge, and guidan
WHEREAS, Rachel exhibits her commitment and takes the time to trise, and assist with
any and all questions regarding cases, procedure, and best pract
in a very stressful but critical role, and is always willing to
WHEREAS, Rachel works on-call the majority of the month as backup for other Social Workers
and never hesitates to go out on a call with a colleague to ensu
families involved; and
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Frederick County Board of Supervisors
Regular Meeting Minutes * August 14, 2019
3
WHEREAS, Rachel Taylor does exceptional work and is a model Socier, despite the
enormous caseload and paperwork, and makes time to ensure that t
County are safe, and able to receive the services they need to s
NOW, THEREFORE BE IT RESOLVED, by the Frederick County Board of Supervisors this
14th day of August 2019, that Rachel Taylor is hereby recognized
the Month for August 2019; and
BE IT FURTHER RESOLVED, that the Board of Supervisors extends gr
Taylor for her outstanding performance and dedicated service and wishes her continued suc
endeavors; and
BE IT FINALLY RESOLVED, that Rachel Taylor is hereby entitled to
privileges associated with this award.
+ + + + + + + + + + + + + +
-Resolutionin Support and Agreement Providing Moral Obligation with Respect to a
Revenue Bond of Winchester Regional Airport Authority-
CONSENT AGENDA APPROVAL
RESOLUTION OF THE BOARD OF SUPERVISORS OF FREDERICK COUNTY, VIRGINIA,
AUTHORIZING THE EXECUTION OF A SUPPORT AGREEMENT PROVIDING FOR FREDERICK
COUNTY'S MORAL OBLIGATION TO MAKE CERTAIN APPROPRIATIONS WITH RESPECT TO A
REVENUE BOND OF WINCHESTER REGIONAL AIRPORT AUTHORITY IN AN AMOUNT NOT TO
EXCEED $1,550,000
A. Winchester Regional Airport Authority (the "Authority") proposes to issue i
amount not greater than $1,550,000, bearing interest at a rate t
and not to exceed 6.00% per annum, and payable over a term not to exceed 30 years (the "Bond").
B. The Bond will be issued to Virginia Resources Authority, as Admi
Revolving Fund ("VRA"), and its proceeds will provide financing
financing obtained for the Authority to acquire that certain Lease and Option Agreement dated December
1, 2006 between the Authority and Wells Fargo Bank, N.A., as suc
Services, Inc., for the ground lease of a portion of the Airportated
in Shawnee Magisterial District, Frederick County, Virginia, Par-A-40B1, which lease
area is improved by those two certain hangars each containing 13
space containing 4,007 square feet, more or less, the purchase of equipment necessary for the operation o
the hangars, and the relocation of access gate fencing and utili
fees (the "Project").
C. VRA has requested the Board of Supervisors (the "Board of Supervisors") of Frederick County,
Virginia (the "County") facilitate the issuance and sale of the
of the Board of Supervisors to make certain appropriations to th
the Project.
D. The final terms and conditions of the sale of the Bond to VRA ar
Virginia Aviation Board and VRA.
E. As part of its plan for financing the Project, the Authority pro
documents:
a. Financing Agreement (the "Financing Agreement") between the Auth
b. Support Agreement (the "Support Agreement"), between the Authori
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Frederick County Board of Supervisors
Regular Meeting Minutes * August 14, 2019
4
of the County and the VRA.
BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF FREDERICK COUNTY, VIRGINIA:
1. The foregoing recitals are made a part of this resolution.
2. The Board of Supervisors agrees, in accordance with the Support
the Bond, the Board of Supervisors will appropriate to the Autho to the extent other funds of the
Authority are not available, amounts sufficient to pay the debt
indebtedness secured by or payable from the revenues of the Syst
as defined in the Financing Agreement, the operation and maintenance expense of th
additional payments for costs and expenses related to any amendm
enforcement proceedings under the Financing Agreement, subject tppropriation by the Board of
Supervisors, all on the terms and conditions to be provided in t
obligations to make payments to the Authority pursuant to this r
upon annual appropriations being made from time to time by the Board of Supervisors
Nothing in this resolution, the Bond or the Support Agreement sh
the meaning of any constitutional or statutory limitation or a pdge of the faith or credit or the taxing power
of the County.
3. Any one of the Chairman or Vice-Chairman of the Board of Supervisors or the County
Administrator is authorized and directed to determine the form o
deliver the Support Agreement on behalf of the County, with such app
execution and delivery of the Support Agreement. The County Adm
take such actions and give such notices as may be required of him under the Support Agreement
4. The Board of Supervisors acknowledges that VRA will treat the Fi
obligation" within the meaning of Section 62.1-199 of the Code of Virginia of 1950, as amended (the
"Virginia Code"), which in the event of a nonpayment thereunder authorizes VRA to file
the Governor of Virginia that such nonpayment has occurred pursu-216.1 of the Virginia
Code. The Board of Supervisors also acknowledges that VRA may r on Section 62.1-216.1 of the
Virginia Code, providing that if the Governor is satisfied that
will immediately make an order directing the Comptroller to with
all funds, or of any part of them, appropriated and payable by the Commonwealt
for any and all purposes, and the Governor will, while the nonpa
payment of all sums withheld by the Comptroller, or as much of them as is necessary, to VRA, so as to
cure, or cure insofar as possible, such nonpayment.
5. This resolution shall take effect immediately upon its adoption.
+++
SUPPORT AGREEMENT
WINCHESTER REGIONAL AIRPORT AUTHORITY
(Hangar Project)
THIS SUPPORT AGREEMENT is made as of the first day of__________ , 2019, by and among th
BOARD OF SUPERVISORS OF FREDERICK COUNTY, VIRGINIA (the "Board ), acting as the
"County"), WINCHESTER REGIONAL AIRPORT
governing body of Frederick County, Virginia (the
AUTHORITY(the "Borrower"), and the VIRGINIA RESOURCES AUTHORITY (the "Authority"), as
VIRGINIA AIRPORTS REVOLVING FUND (the "Fund") and as purchaser of the
Administrator of the
Local Bond, as hereinafter defined, pursuant to a Financing Agre the date hereof (the
Financing Agreement"), between the Authority and the Borrower.
"
RECITALS:
WHEREAS, the Borrower was created by the Board pursuant to the W
Authority - Act 1987 Session - Virginia Acts of Assembly -Chapter 687, in accordance with Chapter 3,
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Frederick County Board of Supervisors
Regular Meeting Minutes * August 14, 2019
5
Title 5.1, et. seq., Code of Virginia, 1950, as amended, and own
Airport; and,
WHEREAS, the Borrower has determined that it is in its best inte
Local Bond") to the Authority,
an original aggregate principal amount not to exceed $1,550,000.
as Administrator of the Fund, pursuant to the terms of the Finan
Project; and,
WHEREAS, the Board adopted on June 13, 2019, a resolution authorizing, among other things, the
execution of an agreement providing for a non-binding obligation of the Board to consider certain
appropriations in support of the Local Bond and the Project.
AGREEMENT
NOW, THEREFORE, for and in consideration of the foregoing and of
forth, the parties hereto agree as follows:
1. Unless otherwise defined, each capitalized term used in this
given it in the Financing Agreement.
2. The Borrower shall use its best efforts to issue the Local Bo
costs of the Project, and to construct and place the Project in
3. No later than May 15 of each year, beginning May 15, 2020, the Borrower sh
Annual Deficiency Amount") by which the Borrower reasonably expects the Revenues to be
amount (the "
insufficient to pay (1) the debt service obligations under the Financing Agreement, the Local Bond and
any other indebtedness secured by or payable from the Revenues,
forth on Exhibit F to the Financing Agreement (ii) the Operation
Additional Payments in full as and when due during the County's fiscal ye
1.
4. The County Administrator of the County (the "County Administrator") shall include the Annual
Deficiency Amount in his budget submitted to the Board for the following fiscal year as an amount to be
appropriated to or on behalf of the Borrower. The County Adminis
within ten days after the adoption of the County's budget for ea
each year, a certificate stating whether the Board has appropria
amount equal to the Annual Deficiency Amount.
5. If at any time Revenues shall be insufficient to may any of t
hereof, the Borrower shall notify the County Administrator of the a
County Administrator shall request a supplemental appropriation
to make such payment.
6. The County Administrator shall present each request for appropriation pursuant to paragraph
to the Board, and the Board shall consider such request, at the
at which it is possible to satisfy any applicable notification romptly after such meeting, the
County Administrator shall notify the Authority as to whether th
If the Board shall fail to make any such appropriation, the Coun
such requested appropriation to the Annual Deficiency Amount reported to the Cou
Administrator for the County's next fiscal year.
7. The Board hereby undertakes a non-binding obligation to appropriate such amounts as may be
requested from time to time pursuant to paragraphs 4 and 5 above, to the fullest degree and in
manner as is consistent with the Constitution and laws of the Co
while recognizing that it is not empowered to make any binding cppropriations
in future fiscal years, hereby states its intent to make such ap
hereby recommends that future Boards of Supervisors do likewise.
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Frederick County Board of Supervisors
Regular Meeting Minutes * August 14, 2019
6
8. The Board acknowledges that (i) the Authority may not purchasocal Bond without the security
and credit enhancement provided by this Agreement, and (ii) the
"local obligation" within the meaning of Section 6.1-199 of the Code of Virginia of 1950, as amended
(the "Virginia Code"), which in the event of a nonpayment hereunder authorizes the
affidavit with the Governor that such nonpayment has occurred pu-216.1 of the
Virginia Code, providing that if the Governor is satisfied that npayment has occurred, the Governor
will immediately make an order directing the Comptroller to with
of all funds, or of any part of them, appropriated and payable b
County for any and all purposes, and the Governor will, while the nonpayment co
writing the payment of all sums withheld by the Comptroller, or
Authority, so as to cure, or cure insofar as possible, such nonpt.
9. Nothing herein contained is or shall be deemed to be a lendin
Borrower, the Authority or any holder of the Local Bond or to an
contained is or shall be deemed to be a pledge of the faith and credit or the taxing power of the County,
nor shall anything herein contained legally bind or obligate the
purposes described herein.
10. Any notices or requests required to be given hereunder shallgiven if sent by registered or
certified mail, postage prepaid, addressed (i) if to the County,
County Administrator, (ii) if to the Borrower, to Winchester Reg
and (iii) if to the Authority, to 1111 East Main Street, Suite 920 Richmond
Executive Director. Any party may designate any other address fo
11. It is the intent of the parties hereto that this Agreement shall be governed by the laws of the
Commonwealth of Virginia.
12. This Agreement shall remain in full force and effect until t
payable by the Borrower under the Financing Agreement have been
13. This Agreement may be executed in any number of counterparts, each of whi
and all of which together shall constitute but one and the same
+ + + + + + + + + + + + + +
-ResolutionConcerning Disposition of Real Property by Northwestern Community
Services Board -
CONSENT AGENDA APPROVAL
RESOLUTION RE: NORTHWESTERN COMMUNITY SERVICES BOARD
TO CONVEY CERTAIN REAL PROPERTY
WHEREAS, on May 8, 1974, the Board of Supervisors of the County of Frederick, Virginia adopted a
resolution establishing the Chapter 10 Board (aka the Northwestern Community Services Board); and
WHEREAS, the Board of Supervisors of the County of Frederick, Vi
previously voted that the Northwestern Community Services Board was
real estate; and
WHEREAS, the Northwestern Community Services Board owns certain
Royal Avenue, Front Royal, Virginia and is identified as Parcel Identification Numbers 20A51380 1 and
20A51380 2; and
WHEREAS, the Northwestern Community Services Board wishes to con
and
NOW, THEREFORE, BE IT RESOLVED, by the Board of Supervisors of ty of Frederick,
Virginia, that the Northwestern Community Services Board is auth
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Frederick County Board of Supervisors
Regular Meeting Minutes * August 14, 2019
7
at 200 N. Royal Avenue, Front Royal, Virginia and is identified
1 and 20A51380 2.
+ + ++ + + + + + + + + + +
-Resolution Affirming Locality Funding of Projects Under Agreement With VDOT-
CONSENT
AGENDA APPROVAL
A RESOLUTION AFFIRMING COMMITMENT TO FUND THE LOCALITY SHARE OF PROJECTS
UNDER AGREEMENT WITH THE VIRGINIA DEPARTMENT OF TRANSPORTATION AND
PROVIDE SIGNATURE AUTHORITY
WHEREAS, The County of Frederick is a recipient of Virginia Depa
various grant programs for transportation-related projects; and,
WHEREAS, the Virginia Department of Transportation requires each, to provide
assurance of its commitment to funding its local share.
NOW, THEREFORE, BE IT RESOLVED, that the Board of Supervisors of the County of Frederick hereby
commits to fund its local share of preliminary engineering, righ(as applicable)
of the project(s) under agreement with the Virginia Department o
project financial document(s); and
NOW, THEREFORE, BE IT FURTHER RESOLVED, that the Board of Supervisors of the County of
Frederick hereby authorizes the County Administrator or his designee to execut
addendums for any approved projects with the Virginia Department
+ + + + + + + + + + + + + +
Resolution Approving Grant Application to Assist in Constructing Last-Mile Broadband
Infrastructure -
CONSENT AGENDA APPROVAL
A RESOLUTION APPROVING THE FILING OF A GRANT APPLICATION WITH THE VIRGINIA
DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT
WHEREAS, Virginias Department of Housing and Community Development
Virginia Telecommunication Initiative ( VATI ) grant program to mile
broadband telecommunications infrastructure in the unserved area the Commonwealth. Guidelines
for the grant application were posted in June of 2019 and the de
September 2019; and
WHEREAS, the program guidelines for grant application require a t
with a qualified and experienced private sector broadband provid-applicant; and
WHEREAS, Comcast Cable has offered, in conjunction with DHCDs V
Initiative to extend parts of its system in the Apple Pie Ridge the County. This project will bring
high speed internet to portions of Apple Pie Ridge and could inv
NOW, THEREFORE, BE IT RESOLVED, that the Board of Supervisors of
Virginia, does hereby approve the submittal of a grant application to the Virginia Department of H
and Community Development to assist in constructing lastmile broadband telecommunications
infrastructure in the unserved areas of the Commonwealth and autrator to
take such action necessary to file the grant application with DH-applicant, Comcast Cable,
and execute any necessary agreements with DHCD and Comcast shoul
+ + + + + + + + + + + + + +
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Frederick County Board of Supervisors
Regular Meeting Minutes * August 14, 2019
8
BOARD OF SUPERVISORS COMMENTS
Supervisor McCarthy said the Board realizes there is an issue with lack of broadband
Internet service availability in some County areas and is working on options to address the matter.
COUNTY OFFICIALS:
PRESENTATION OF EMPLOYEE OF THE MONTH AWARD FOR JULY TO ANTHONY
BAKER
Chairman DeHaven read and presented the Employee of the Month Award for July 2019
to Anthony C. Baker.
PRESENTATION OF EMPLOYEE OF THE MONTH AWARD FOR AUGUST 2019 TO RACHEL
E. TAYLOR
Chairman DeHaven read and presented the Employee of the Month Award for August
2019 to Rachel E. Taylor.
COMMITTEE APPOINTMENTS
JASON CROASDALE APPOINTED TO THE SHAWNEELAND SANITARY DISTRICT
ADVISORY COMMITTEE -APPROVED
On motion of Vice Chairman Lofton, seconded by Supervisor Dunn,Jason Croasdale
was appointed to the Shawneeland Sanitary District Advisory Committee for a two-yearterm ending
August 14, 2021. The motion carried on a voice vote.
KEVIN SCOTT RECOMMENDED FOR REAPPOINTMENT TO THE BOARD OF ZONING
APPEALS -APPROVED
On motion of Supervisor Trout, seconded by Supervisor Wells, Kevin Scott was
recommended to the Frederick County Circuit Court for reappointment to the Frederick County
Board of Zoning Appeals to continue serving aterm ending December 31, 2023. The motion
carried on a voice vote.
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Frederick County Board of Supervisors
Regular Meeting Minutes * August 14, 2019
9
TODD LODGE REAPPOINTED TO THE CONSERVATION EASEMENT AUTHORITY -
APPROVED
On motion of Supervisor Slaughter, seconded by Supervisor McCarthy, Todd Lodge
was reappointed to the Conservation Easement Authority for a three-year term ending August 24,
2022. The motion carried on a voice vote.
JOHN MARKER REAPPOINTED TO THE CONSERVATION EASEMENT AUTHORITY -
APPROVED
On motion of Supervisor Slaughter, seconded by Supervisor McCarthy, John Marker
was reappointed to the Conservation Easement Authority for a three-year term ending September
28, 2022. The motion carried on a voice vote.
ERIC LAWRENCE APPOINTED TOTHE FREDERICK-WINCHESTER SERVICE AUTHORITY -
APPROVED
On motion of Vice Chairman Lofton, seconded by Supervisor Dunn, Eric Lawrence
was appointed to the Frederick-Winchester Service Authority to fill an unexpired term ending
January 10, 2022. The motion carried on a voice vote.
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COMMITTEE BUSINESS:
FINANCE COMMITTEE
Supervisor Slaughter moved for approval of the following:
The Sheriff requests an FY19 General Fund supplemental appropriation in the amount of
$5,896.37. This amount represents reimbursements from the IRS for travel and overtime for a case;
The Sheriff requests an FY19 General Fund supplemental appropriation in the amount of $2,650.
This amount represents recovered costs for traffic control for overtime;The Commonwealth’s
Attorney requests an FY20 General Fund supplemental appropriation in the amount of $250. This
amount represents funds from the sale of an obsolete firearm to be used for the purchase of a new
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Frederick County Board of Supervisors
Regular Meeting Minutes * August 14, 2019
10
model; and the Parks & Recreation Director requests an FY19 General Fund supplemental
appropriation in the amount of $2,560.49. This amount represents use of the PLAY Fund which is
funded through donations and provides County youth assistance to participate in various parks
activities.
Vice Chairman Lofton seconded the motion which carried on a roll call vote as follows:
Blaine P. DunnAyeShannon G. TroutAye
Gary A. LoftonAyeRobert W. WellsAye
J. Douglas McCarthyAyeCharles S. DeHaven, Jr.Aye
Judith McCann-SlaughterAye
Supervisor Slaughter moved for approval of the WRA Executive Director’s requestfor a
FY20 Airport Capital Fund supplemental appropriation in the amount of $2,635,000 and an FY20
General Fund supplemental appropriation in the amount of $409,164. These amounts represent
the FY20 Airport Capital budget and the County’s share of the local revenue needed.Supervisor
McCarthyseconded the motion which carried on a roll call vote as follows:
Blaine P. DunnAyeShannon G. TroutAye
Gary A. LoftonAyeRobert W. WellsAye
J. Douglas McCarthyAyeCharles S. DeHaven, Jr.Aye
Judith McCann-SlaughterAye
Supervisor Slaughtermoved for approval of the Sheriff’s requestfor a FY19 and FY20
General Fund supplemental appropriation in the amount of $40,020.68. This amount represents
insurance proceeds received in FY19 for a weather damaged tent system used for vehicle storage,
and the carry forward of the funds to the new year to purchase a replacement.Supervisor McCarthy
seconded the motion which carried on a roll call vote as follows:
Blaine P. DunnAyeShannon G. TroutAye
Gary A. LoftonAyeRobert W. WellsAye
J. Douglas McCarthyAyeCharles S. DeHaven, Jr.Aye
Judith McCann-SlaughterAye
Supervisor Slaughter moved for approval of the NRADC Superintendent’srequest an FY20
NRADC Fund supplemental appropriation in the amount of $66,021.20. This amount represents a
carry forward of unspent FY19 funds for the replacement of an underground storage tank. This
project is currently in process and falls under a standing PO.Supervisor McCarthyseconded the
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Frederick County Board of Supervisors
Regular Meeting Minutes * August 14, 2019
11
motion which carried on a roll call vote as follows:
Blaine P. DunnAyeShannon G. TroutAye
Gary A. LoftonAyeRobert W. WellsAye
J. Douglas McCarthyAyeCharles S. DeHaven, Jr.Aye
Judith McCann-SlaughterAye
Supervisor Slaughter moved for approval of the Commonwealth’s Attorney’srequestfora
FY20 General Fund supplemental appropriation in the amount of $19,895. This amount represents
10 months of fringes needed to convert a part-time Administrative Investigator to full-time.
Supervisor McCarthyseconded the motion which carried on a roll call vote as follows:
Blaine P. DunnAyeShannon G. TroutAye
Gary A. LoftonAyeRobert W. WellsAye
J. Douglas McCarthyAyeCharles S. DeHaven, Jr.Aye
Judith McCann-SlaughterAye
Supervisor Slaughter moved for approval of the Parks & Recreation Director’srequestfor
an FY20 General Fund supplemental appropriation in the amount of $8,500. This amount
represents proffer funds to be used to provide a 4-seat swing set addition to the existing Rose Hill
Park playground. Supervisor McCarthyseconded the motion which carried on a roll call vote as
follows:
Blaine P. DunnAyeShannon G. TroutAye
Gary A. LoftonAyeRobert W. WellsAye
J. Douglas McCarthyAyeCharles S. DeHaven, Jr.Aye
Judith McCann-SlaughterAye
Supervisor Slaughter moved for approval of the Parks & Recreation Director’srequestfor
an FY20 GeneralFund supplemental appropriation in the amount of $7,000. This amount
represents proffer funds to be used for a Pickleball court at Frederick Heights Park.Supervisor
McCarthyseconded the motion which carried on a roll call vote as follows:
Blaine P. DunnAyeShannon G. TroutAye
Gary A. LoftonAyeRobert W. WellsAye
J. Douglas McCarthyAyeCharles S. DeHaven, Jr.Aye
Judith McCann-SlaughterAye
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Frederick County Board of Supervisors
Regular Meeting Minutes * August 14, 2019
12
PUBLIC HEARINGS–NON PLANNING ISSUES
OUTDOOR FESTIVAL PERMIT REQUEST OF ROBERT L. CLARK –FROM FARM TO FILM
FESTIVAL-APPROVED
Mr. Tierney provided backgroundsaying the request is for the Farm to Film Festival to be
Held Saturday, August 31, 2019, from 5:00 PM to 9:00 PM, on the Grounds of 652 North Buckton
Road, Middletown, Virginia, in the Opequon Magisterial District.
Chairman DeHaven opened the public hearing.
There were no speakers.
Chairman DeHaven closed the public hearing.
Supervisor Wells moved for approval ofthe Outdoor Festival Permit request of Robert L.
Clark for the From Farm to Film Festival.Supervisor McCarthyseconded the motion which carried
on a roll call vote as follows:
Blaine P. DunnAyeShannon G. TroutAye
Gary A. LoftonAyeRobert W. WellsAye
J. Douglas McCarthyAyeCharles S. DeHaven, Jr.Aye
Judith McCann-SlaughterAye
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TH
OUTDOOR FESTIVAL PERMIT REQUEST OF ROTARY CLUB OF WINCHESTER –44
ANNUAL SHENANDOAH VALLEY APPLE HARVEST FESTIVAL–APPROVED
Mr. Tierney provided background saying the request is for the Rotary Club of Winchester
–44th Annual Shenandoah Valley Apple Harvest Festival to be Held on Saturday, September 21,
2019, from 10:00 A.M. to 5:00 P.M. and Sunday, September 22, 2019 from 10:00 A.M. to 5:00
P.M.; on the Grounds of Frederick County Fairgrounds, 250 Fairground Road, Clearbrook, Virginia,
Stonewall Magisterial District.
Chairman DeHaven opened the public hearing.
There were no speakers.
Chairman DeHaven closed the public hearing.
Supervisor Slaughtermoved for approval of the Outdoor Festival Permit request of the
Rotary Club of Winchester –44th Annual Shenandoah Valley Apple Harvest Festival.Supervisor
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Frederick County Board of Supervisors
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13
McCarthyseconded the motion which carried on a roll call vote as follows:
Blaine P. DunnAyeShannon G. TroutAye
Gary A. LoftonAyeRobert W. WellsAye
J. Douglas McCarthyAyeCharles S. DeHaven, Jr.Aye
Judith McCann-SlaughterAye
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RELOCATION OR CHANGE, BY AGREEMENT, OF BOUNDARY LINE BETWEEN
FREDERICK COUNTY AND WARREN COUNTY-APPROVED
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
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
. He described the parcels in the disputed area
is in the 6th District and Frederick County is in the 10
th
as being physically in Frederick County but having inaccurate deed and survey data showing them as
being in Warren County. 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 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 added the home of one
owner is straddling the county line, and the proposed adjustment would move thecurrent line south
allowing the dwelling to lie solely in Frederick County as this owner prefers.
Mr. Tibbs said that following the public hearing, staff is seeking action on a proposed 2019
Frederick County-Warren County Boundary Adjustment Agreement adding that Warren County will hold
its public hearing on August 20.He said if both Boards agree, an order will be filed with the Warren
County Clerk of the Circuit Court and the Secretary of the Commonwealth will be notified.
Chairman DeHaven opened the public hearing.
Carroll Hawes, owner on one of the Warren County parcels in question, reiterated his
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Frederick County Board of Supervisors
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14
desire to remain in Warren County as he has lived there his whole life. He noted the quick response
of Warren County fire and rescue when a family member had a fire.
John Christian explained that his property is the one in question with the current county
line crossing through the home, and he was shocked to receive the letter telling him his voting
location had been changed to Warren County. He said he is in favor of the adjustment so that he
can remain in Frederick County and his neighbors can remain in Warren County where they have
always thought they were. He noted the stress the residents have felt for the last several months
and askedtheBoard to vote for the adjustment.
Robert Saunders said the proposed adjustment will affect him because he thought all his
property was in Warren County and some of it will now be in Frederick County. He inquired whether
he will now be paying taxes in two localities and where he will vote.
Sammy Campbell said he lives on his family farm and wants to remain in Warren County.
He said Warren County fire and rescue was responsive when neededadding that Warren County
is home. He asked the Board to leave those who wish to remain in Warren County where they are
instead of in Frederick County.
An unknown resident said hewishes to remain in Warren County and vote for those
representatives who are knownto him.
An unknown resident said this is her family farm and the main reasons they wish to stay in
Warren County are sentimental. She thanked the Board asking that they make a good decision for
everyone.
An unknown resident of Foster Hollow Road said his property is not affected, but he is
concerned for his neighbors. He said some Board members may not be in favor of the adjustment,
but he is asking them to vote for it as the people wish them to.
Chairman DeHaven closed the public hearing.
Supervisor Wells moved to accept the boundary adjustment and move forward to work
with Warren County on the agreement. Supervisor Trout seconded the motion.
SupervisorDunn said Frederick County fire and rescue will work with other counties, so
response times should not be affected. He said he is not in favor of the adjustment since the line
is a historical 200-year-old boundary.
Supervisor Trout said the line needs tochange to suit what the residents are requesting.
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Frederick County Board of Supervisors
Regular Meeting Minutes * August 14, 2019
15
Supervisor McCarthy said while recognizing historic boundary, there is no benefit to not
making the adjustment.
Chairman DeHaven said the line was established with the County and someone making
an honest mistake years ago is no reason to change the line.
The motion in favor of agreeing to the boundary adjustment carried on a roll call vote as
follows:
Blaine P. DunnNoShannon G. TroutAye
Gary A. LoftonNoRobert W. WellsAye
J. Douglas McCarthyAyeCharles S. DeHaven, Jr.No
Judith McCann-SlaughterAye
AUTHORIZING THE COUNTY ADMINISTRATOR
TO EXECUTE A BOUNDARY ADJUSTMENT
AGREEMENTWITH WARREN COUNTY
WHEREAS, the following parcels (the Parcels ) are located in clthe boundary
line (the Boundary Line ) between Frederick County and Warren C
Number 04-18, Warren County Tax Parcel Number 04-21B, Warren County Tax Parcel Numbers 04-22,
Warren County Tax Parcel Number 04-23, Warren County Tax Parcel Number 04-23A, Warren County
Tax Parcel Number 04-23B, Warren County Tax Parcel Number 04-23C, Warren County Tax Parcel
Number 04-23D, Warren County Tax Parcel Number 04-39, Warren County Tax Parcel Number 04-47,
Warren County Tax Parcel Number 04A-1-1-2, Frederick County Tax Parcel Number 93-A-29A, and
Frederick County Tax Parcel Number 93-A-60; and
WHEREAS, the Board of Supervisors has, by the adoption of this r
in the best interest of the County to adjust the Boundary Line so that each Parcel is respectively located
wholly within the boundaries of either Frederick County or Warre
NOW, THEREFORE, BE IT RESOLVED, that the County Administrator be
authorized to execute a boundary adjustment agreement with Warren County, to adjust the B
so that each Parcel is respectively located wholly within the bo
Warren County, as appropriate; and
BE IT FURTHER RESOLVED, that the County Administrator and the County Attorney be, and
hereby are, authorized to take all actions necessary to obtain a
appropriate Circuit Court.
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Frederick County Board of Supervisors
Regular Meeting Minutes * August 14, 2019
16
PLANNING COMMISSION BUSINESS –PUBLIC HEARINGS
CONDITIONAL USE PERMIT #04-19-JONATHAN DEHAVEN (AUTO REPAIR)–APPROVED
Mr. Klein provided information on the request for a Conditional Use Permit (CUP) for the
establishment of a public garage with body repair (for fabricating custom car parts) business in the
RA (Rural Areas) Zoning District at 4564 North Frederick Pike (Route 522 N.) He said the Planning
Commission unanimously recommended approval of the CUP for a public garage with body repair
and reviewed the conditions recommended by the Planning Commission should the Permit be
approved.
In response to Supervisor McCarthy’s question, Applicant John DeHaven said he would
not object to an additional condition restricting future building construction on the property.
Chairman DeHaven opened the public hearing.
There were no speakers.
Chairman DeHaven closed the public hearing.
Supervisor McCarthy moved for approval of Conditional Use Permit #04-19with an
additionalrestriction onany new building construction on the site.Supervisor Dunnseconded the
motion which carried on a roll call vote as follows:
Blaine P. DunnAyeShannon G. TroutAye
Gary A. LoftonAyeRobert W. WellsAye
J. Douglas McCarthyAyeCharles S. DeHaven, Jr.Aye
Judith McCann-SlaughterAye
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CONDITIONAL USE PERMIT #05-18-WAVELAND FARM LLC (SPECIAL EVENT FACILITY)
–DENIED
Mr. Cheran provided information on the request for a Conditional Use Permit (CUP) for a
special event facility in the RA (Rural Areas) Zoning District. He said the site is generallylocated
about a mile west of the Town of Stephens City, about 1.5 miles east of Middle Road (Route 628)
and generally south of Marlboro Road (Route 631) with property ID numbers 73-14-1-6, 73-A-103
and 73-A-103A. He said the facility will accommodate up to 100 guests. Mr. Cheran reviewed the
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Frederick County Board of Supervisors
Regular Meeting Minutes * August 14, 2019
17
road network saying the roads are not currently accepted into the state systemand added that
since the Planning Commission’s recommendation, the Applicant has been working with VDOT to
address the access concerns. He noted the Planning Commission recommended denial.
Thomas Lawson,representing the Applicant,discussed the request.He noted letters of
support for the permit.
The Board, staff, and Mr. Lawson discussed the application and road access options.
County Attorney Williams noted that the County never accepted the road dedication and therefore
it has not been dedicated.
Mr. Cheran clarified the reason for the comments from VDOT is because of sightdistance.
Cynthia Jo Layman, the Applicant, said she is trying to increase revenue on her family farm
as well as share the property with others.
The Board, staff, and Ms. Layman discussed the layout of the property and buildings, and
access options for the event facility. Planning Director Ruddy noted that VDOT did not have an
issue with the proposal as long as access was through the existing subdivision.
Chairman DeHaven opened the public hearing.
Dudley Rinker, Back Creek District, spoke in opposition to the conditional use permit. He
cited concerns about property valuesof the lots remaining in the subdivision, noise, traffic, safety,
and litter. He added the Planning Commission recommended denial.
Chairman DeHaven closed the public hearing.
Mr. Lawson spoke again citing the letters of support his client has received.
Vice Chairman Lofton moved for approval of Conditional Use Permit #05-18 as presented.
Supervisor Trout seconded the motion.
Vice Chairman Lofton said he has not heard any negative comments about these special
event centers even though there is often apprehension when they are first requested and approved.
He said VDOT says the subdivision road can handle the traffic, and there will be minimal impact to
the remaining lots in the subdivision.
Supervisor McCarthy said he is sympathetic to farmers, but an event center is notan
agricultural use. He said he is not in favor of the proposal.
Supervisor Dunn said he is empathetic to farmers and cited concerns about future
residents of the subdivision, proximity of the barn to the other homes, road access, and traffic. He
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Frederick County Board of Supervisors
Regular Meeting Minutes * August 14, 2019
18
said he is not in favor of the permit.
Supervisor Trout asked for and received clarification about facility event hours and days of
operation.
The motion for approval of CUP #05-18 failed on the following roll call vote:
Blaine P. DunnNoShannon G. TroutAye
Gary A. LoftonAyeRobert W. WellsNo
J. Douglas McCarthyNoCharles S. DeHaven, Jr.No
Judith McCann-SlaughterNo
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PLANNING COMMISSION BUSINESS –OTHER PLANNING BUSINESS
REQUEST FOR SWSA EXCEPTION -ORCHARD VIEW ELEMENTARY SCHOOL-
APPROVED
Assistant Planning Director Candice Perkins explainedthatFrederick County Public
Schools is requesting that the Board of Supervisors grant anexception to the Sewer and Water
Service Area to permit water lines to be constructed providing treated public water to Orchard View
Elementary School, which is located at 4275 Middle Road, Winchester, VA 22602. She said the
exception would facilitate theconstruction of two water lines between Orchard View Elementary
School and Frederick Water's Diehl water treatment plant.
Vice Chairman Lofton moved for approval of the exception to allow Frederick Water
to serve the existing Orchard View Elementary School with public waterat 4275 Middle Road
(identified by Property Identification Number 74-A-4B). Supervisor Dunn seconded the motion
which carried on a roll call vote as follows:
Blaine P. DunnAyeShannon G. TroutAye
Gary A. LoftonAyeRobert W. WellsAye
J. Douglas McCarthyAyeCharles S. DeHaven, Jr.Aye
Judith McCann-SlaughterAye
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Frederick County Board of Supervisors
Regular Meeting Minutes * August 14, 2019
19
REQUEST FOR SWSA EXCEPTION -WEST OAKS MARKET–APPROVED
Assistant Planning Director Candice Perkins explained that Frederick County has
received a request from West Oaks Farm & Market located at 4305 Middle Road to allow the site
to be connected to the public water. She said the Market (whichalso operates a special events
center with an approved Conditional Use Permit) is requesting to connect to the water line that
Frederick Water proposes to extend from the Diehl Water Treatment Plant to the Orchard View
Elementary School located at 4275 Middle Road.
Vice Chairman Lofton moved for approval of the exception to allow Frederick Water
to serve the existingbusinessat 4305 Middle Road,identified by Property Identification Number
74-A-3,with public water.Supervisor Wells seconded the motion which carried on a roll call vote
as follows:
Blaine P. DunnAyeShannon G. TroutAye
Gary A. LoftonAyeRobert W. WellsAye
J. Douglas McCarthyAyeCharles S. DeHaven, Jr.Aye
Judith McCann-SlaughterAye
BOARD LIAISON REPORTS
SupervisorTrout said she would distribute a report from the Northern ShenandoahValley
RegionalCommission regarding recycling efforts.
CITIZEN COMMENTS-None
BOARD OF SUPERVISORS COMMENTS
Supervisor Dunn said at the previous meeting,the Board voted to change the policy
regarding anti-harassment and anti-discrimination. He said after the meeting he was informed the
new policy was inconsistent with Virginia law. He moved that the vote approving thenewpolicy be
rescinded and the matter be sent back to the Human Resources Committee for review. Vice
Chairman Lofton seconded the motion which carried on a roll call vote as follows:
Blaine P. DunnAyeShannon G. TroutNo
Gary A. LoftonAyeRobert W. WellsAye
J. Douglas McCarthyAyeCharles S. DeHaven, Jr.Aye
Judith McCann-SlaughterAye
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Frederick County Board of Supervisors
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20
Supervisor Wells announced the Parks and Recreation Commission’s Bench Donation
Program and the upcoming benefit golf tournament.
Vice Chairman Lofton referenced the earlier Employee of theMonth Award presented to
Rachel Taylor and cited the difficult job of the County’s social services team.
Supervisor Trout said she had hoped to receive input from a community survey of
constituent budget priorities before the budget season arrives. She moved to direct staff to proceed
with a community input survey. Supervisor Wells seconded the motion which failed on a roll call
vote as follows:
Blaine P. DunnNoShannon G. TroutAye
Gary A. LoftonNoRobert W. WellsAye
J. Douglas McCarthyNoCharles S. DeHaven, Jr.No
Judith McCann-SlaughterNo
ADJOURN
On motion of Vice Chairman Lofton, seconded by Supervisor McCarthy,the meeting was
adjourned at 9:18p.m.
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Frederick County Board of Supervisors
Regular Meeting Minutes * August 14, 2019
21
30
FINANCE COMMITTEE REPORT to the BOARD OF SUPERVISORS
Wednesday, August 21, 2019
8:00 a.m.
107 NORTH KENT STREET, WINCHESTER, VIRGINIA
A Finance Committee meeting was held in the First Floor Conferenc Room at 107 North Kent Street on
Wednesday, August 21, 2019 at 8:00 a.m.
ATTENDEES:
Committee Members Present: Judith McCann-Slaughter, Chairman; Charles DeHaven;
Gary Lofton; Jeffrey Boppe; Angela Rudolph-Wiseman; and non-voting liaison
William Orndoff, Treasurer.
Committee Members Absent: Non-voting liaison Ellen Murphy, Commissioner of the Revenue.
Staff present: Cheryl Shiffler, Finance Director; Sharon Kibler, Assistant Fina;
KrisTierney
, County Administrator; Jay Tibbs, Deputy County Administrator; Rod Williams,
County Attorney; Lenny Millholland, Sheriff; Jason Robertson, Parks & Recreation Director;
Nick Sabo, Airport Executive Director; Denny Linaburg, Fire & Rescue Chief; Joe Wilder, Public
Works Director; Mark Fleet, Building Official; Kathy Whetzel, Animal Shelter Manager;
Holly Grim, Assistant Animal Shelter Manager; Ron Kimble, Landfill Man
Shawneeland Manager; and Gloria Puffinburger, Solid Waste Manager.
Others present: William Garrett, City of Winchester Fire & Rescue Chief; and J.D
of Winchester Fire & Rescue Deputy Chief.
ITEMS REQUIRING ACTION BY BOARD OF SUPERVISORS:
( * ) Items 1, 4, 7, 8, and 9 were approved under consent agenda.
1.( * ) The Sheriff requests a General Fund supplemental appropriation in the amount of
$13,229.82.This amount represents insurance reimbursements for two auto cla
funds required. See attached memo, p. 5 8.
2.The Sheriff requests a General Fund supplemental appropriation in the amount of $400. This
amount represents payment for a ballistic vest. No local funds
p.9 10. The committee recommends approval.
3.The Public Works Director request the following supplemental appr
forwards of unspent FY 2019 funds. All items have been approved
Committee. See attached memo, p. 11 12.
31
1
a.Shawneeland Fund supplemental appropriation not to exceed $151,300.55 for
ongoing road improvements. See attached memo, p. 13. The committee
recommends approval;
b.General Fund supplemental appropriation not to exceed $23,890.24 for animal shelter
spay/neuter and new building design funds. See attached memo, p 14. The
committee recommends approval;
c.General Fund supplemental appropriation not to exceed $337,656.5 for ongoing
refuse projects, which include Stephenson, Albin, and Middletown
and costs associated with increased hauling rates and the recycl
attached memo, p. 15. The committee recommends approval;
d.Landfill Fund supplemental appropriation not to exceed $1,284,57 for ongoing
landfill projects including Phase 3, Cell A rock removal and the com
leachate lagoon. See attached memo, p. 16. The committee recommends approval.
4.( * ) The Public Works Director requests a General Fund supplemental appropriation in the
amount of $15,000. This amount represents funds from the Flemming Trust for spay/ne
No local funds required. See attached memo, p. 17 19.
5.The WRAA Executive Director requests an Airport Capital Fund supplemental appropriation in
the amount of $1,550,000. This amount represents bond proceeds for the purchase of a
hanger facility and associated projects. See the attached memo, 20. The committee
recommends approval.
6.The WRAA Executive Director requests an Airport Fund supplemental appropriation in the
amount of $37,000 and a General Fund supplemental appropriation
These amounts represent projected debt service for FY 2020 and t
attached memo, p. 20. The committee recommends approval.
7.( * ) The Parks & Recreation Director requests a General Fund supplemental appropriation not
to exceed $71,942.45. This amount represents a carry forward of unspent FY 2019 for th
ongoing Recreation Access Project at Northwest Sherando Park. S 21.
8.( * ) The Parks & Recreation Director requests a General Fund supplemental appropriation in
the amount of $500.This amount represents a donation from the Molden family for a p
bench at Rose Hill Park. No local funds required. See attached 22.
32
2
( * ) The Deputy County Administrator requests a General Fund supplemental appropriation not
to exceed $52,754.95. This amount represents ongoing projects for building repair and
maintenance. See attached memo, p. 23.
The Fire & Rescue Chief requests a General Fund supplemental appropriation in the amount of
$257,018.69 to assist the Winchester City Fire & Rescue in completing the Burn Building
Replacement Project. This item has been endorsed by the Public Safety Committee. Localfunds
are required. See attached memo, p. 24 36. The committee recommends approval.
The Finance/Audit Committee charter adopted by the Board of Supervisors requires an annual
review and reassessment. See attached charter, p. 37 39. The committee recommends
approval of the charter with no changes.
Supervisor Trout is requesting the County to consider donating to the Virginia War Memorial
Foundation. See attached letter, p. 4 4. The committee deni.
NO ACTION REQUIRED BY BOARD OF SUPERVISORS:
General Fund supplemental appropriation not to exceed
1.The Public Works Director requests a
$59,669 (exact amount will depend on hire date and starting salary). This amount represents
nine months salary and fringes for the addition of a full-time Plan Review Specialist in the
Inspections Department. This item has been approved by the Public Works Committee. Local
funds are required. See attached memo, p. 4 4. The committee consented that County
Administrator budget transfers for new positions that do not require supplemental
appropriations do not need to be approved by the Finance Committee. Funds are available to
transfer for this position.
.The Finance Director provides updated debt information reflectin
for the Aylor school replacement project. See attached, p. 45 47.
INFORMATION ONLY:
1.The Finance Director provides a Fund 10 Transfer Report for July 2019. See attached,
p.48 49.
33
3
2.Fund balance information will be provided after the County close
3.The FY19 year-end open purchase orders have been provided by the County and thhools.
See attachments, p. 50 58.
4.The Government Finance Officers Association (GFOA) has awarded th
Outstanding Achievement for Outstanding Achievement in Popular Annual Financial Reporting
th
for the June 30, 2018 Popular Annual Financial Report (PAFR). This is the 13 consecutive year
that Frederick County has received this achievement. See attach59 61.
5.The Government Finance Officers Association (GFOA) has awarded the County the Award for
Outstanding Achievement for Excellence in Financial Reporting fo8
rd
Comprehensive Annual Financial Report (CAFR). This is the 33 consecutive year that Frederick
County has received this achievement. See attached, p. 62 64.
Respectfully submitted,
FINANCE COMMITTEE
Judith McCann-Slaughter, Chairman
Charles DeHaven
Gary Lofton
Jeffrey Boppe
Angela Rudolph-Wiseman
By ___________________________
Cheryl B. Shiffler, Finance Director
34
4
35
5
36
6
37
7
38
8
39
9
40
10
MEMORANDUM
TO:
Cheryl Shiffler, Director of Finance
FROM:
Joe C. Wilder, Director of Public Works
SUBJECT:
Carry Forward Requests
DATE:
June 28, 2019
______________________________________________________________________________
In a regularly scheduled meeting held on May 28, 2019, the Public Works Committee
unanimously endorsed the followingcarry forward requests:
a.Shawneeland Sanitary District Budget
1. Line Item 16-8108-3004-04 Road Improvements
Request any unspent funds from this line item be placed in same line item in FY2020
Budget.
(Attachment 1)
b.AnimalShelter Budget
1. Line Item 10-4305-3001-00 Professional Health Services
Line Item 10-4305-3002-00 Professional Services Engineering and Design
Request any unspent funds from these line items be placed in same line items in FY2020
Budget.
Attachment 2)
(
c.Solid Waste Budget
1. Line Item 10-4303-8900-00 Improvements Other Than
Line Item 10-4203-3002 Professional Services
Line Item 10-4203-3004-03 Repair and Maintenance –Building
Line Item 10-4203-3010-00 Contractual Services
Request any unspent funds from these line items be placed in same line items in FY2020
Budget.
Attachment 3)
(
d.Landfill Budget
1. Line Item 12-4204-3002-00 Professional Services
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107 North Kent Street, Second Floor, Suite 200 Winchester, Virginia 22601-5000
Carry Forward Requests
Page 2
June 7, 2016
Line Item 12-4204-8900-00 Improvements other than
Request any unspent funds from these line items be placed in same line items in FY2020
Budget.
Attachment 4)
(
Please include the above carry forward requests on the next Finance Committee agenda.
JCW/kco
attachments as stated
cc:file
42
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107 North Kent Street, Second Floor, Suite 200 Winchester, Virginia 22601-5000
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_________________ __________FREDERICK COUNTY - ANIMAL SHELTER
Kathy M. Whetzel
Shelter Manager
540/667-9192 ext. 2502
FAX 540/722-6108
E-mail: kwhetzel@fcva.us
MEMORANDUM
TO:Joe Wilder, Director of Public Works
FROM:Kathy M. Whetzel, Shelter Manager
SUBJECT:FY 18/19CarryForwards
DATE: 5/15/19
________________________________________________________________________
The Shelter is requesting a funding carry forwardfrom FY 18/19intoline item
10-4305-3001-00 Professional Health Servicesin the amount of $4,426.88or the
remaining portion thereof. This amount is the unused portion of spay/neuter funding.
The funds were appropriated from the Fleming donation forspaying and neutering shelter
pets.
The shelter is requesting a funding carryforward from FY 18/19into line item 10-
4305-3002-02 Professional Services Engineering and Designin the amount of $22,401.70
or the remaining portion thereof. This amount is the unused portion of the new building
design funds. The fundswere appropriated from the Loy donation for the design of the
new shelter building.
Please contact me if you have any questions.
KMW:hag
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MEMORANDUM
TO:
Joe C. Wilder
Director of Public Works
FROM:
Gloria M. Puffinburger
Solid Waste Manager
RE:
Carryforward Request; FY 18/19
Refuse Collection (4203)
DATE:
May 22, 2018
_______________________________________________________________________
The purpose of this memo is torequest a carryforward amountof $89,200,or the remaining balance at the end
of the fiscal year, from line item 10-4203-8900-00 (Improvements Other ThanBuildings)for costs associated
with the finalcompletion of the Stephenson citizensconvenience site.Requested funds should be placed into
the10-4203-8900-00 line item in the FY 19/20 fiscal year. Also requested carryforwards from the current fiscal
year to FY19/20from the Refuse Collection (4203) budget include:
Line item 10-4203-3002-0(Professional Services)--$66,200or the remaining balance; fund continued design work for
relocation of the Albin citizensconvenience site
Line item 10-4203-3004-03(Repair and Maintenance/Building)--$68,425 or the remaining balance; funds for completion of
site improvements atthe Middletown convenience sites.Work is in the design phase.
Line item 10-4203-3010-00(Contractual Services)--$140,000or remaining balance; funds for increased hauling costsbased
on May CPI figures and increased costs associatedwith recycling program.
Carryforward requests total $363,825or such balances that remain in the various line itemsat the close of the
currentfiscal year.
If you have any questions, please do not hesitate to contact me at Extension 8219.
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MEMORANDUM
TO:
Joe C. Wilder, Director of Public Works
FROM:
Ron Kimble, Landfill Manager
SUBJECT:
Carry Forwards to 2019/2020
DATE:
May 22, 2019
The purpose of this memo is to request a carry forward of the remaining balance at the
end of the fiscal year, from line item 12-4204-8900-00 (Improvements Other Than) for cost
associated with on-going projects at the landfill. The on-going projects include Phase 3, Cell
Arock removal and the completion of the new leachate lagoon. Requested funds should be
placed into the12-4204-8900-00 line item in the fiscal year 2019/2020 budget. We also
request the remaining balance from at the end of the fiscal year from line item 12-4204-3002-
If you have any questions, please do not hesitate to contact me at 540-665-5658.
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107 North Kent Street, Second Floor, Suite 200 Winchester, Virginia 22601-5000
MEMORANDUM
TO:
Cheryl Shiffler, Director of Finance
FROM:
Joe C. Wilder, Director of Public Works
SUBJECT:
Supplemental Appropriation Requests
DATE:
August 5, 2019
______________________________________________________________________________
At the July 30, 2019 Public Works Committee meeting, the following items were
unanimously approved to be sent to the Finance Committee for consideration:
1. Request from the Building Official for an additional plan review position in the
Inspections Department.See attached justification. Funds are not available in the
current fiscal year 2020 budget for this position.Local funds are requested.
Attachment 1)
(
2.Request from the Animal Shelter manager for a supplemental appropriation in the amount
of $15,000 for the spay/neuter program. Funds are available from donations in the
reserve fund line item 10-240-2501. Please see the attached justification.
(Attachment 2)
Please include the above supplemental appropriation requests on the next Finance
Committee agenda.
JCW/kco
attachments as stated
cc:file
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107 North Kent Street, Second Floor, Suite 200 Winchester, Virginia 22601-5000
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COUNTY of FREDERICK
Jay E. Tibbs
DeputyCounty Administrator
540/665-5666
Fax 540/667-0370
E-mail:
jtibbs@fcva.us
TO: Finance Committee
FROM: Jay E. Tibbs., Deputy County Administrator
DATE: August 13, 2019
RE: Carry Forward for Repair & Maintenance Building Projects
This is a request for a General Fund supplemental appropriation in the amount of $52,754.95. This
amount represents a carry forward request for the following projects:
1.$3,447.92 for the cleaning of the condenser coils in the roof top units at 107 N. Kent Street.
Due to the contractors schedule we were unable to get the work completed prior to the end
of FY 19. (GL Code: 4-010-043040-3004-000-003)
2.$22,857.03 for replacement of carpet on the first floor of the south building (IT
Department, Hallway, First Floor Conference Room) at 107 N. Kent Street. Carpet squares
were ordered in FY19 but due to production schedules have not yet been received. (GL
Code: 4-010-043040-3004-000-003)
3.$21,700.00 for caulking of the control joints and sidewalk at the Public Safety Building. Due
to weather and the contractors schedule we were unable to get the work completed prior to
the end of FY 19. (GL Code: 4-010-043040-3004-000-006)
4.$4,750.00 for the sealing and lining of the parking lot at Millwood Fire Station. Due to
weather and the contractors schedule we were unable to get the work completed prior to
the end of FY 19. (GL Code: 4-010-043040-3004-000-021)
All projects were procured in FY19 utilizing a standing purchase order. Unfortunately, a standing
purchase order does not encumber the funds for these projects.
We respectfully request approval of these carry-forward funds.
Should you have any questions, please do not hesitate to contact me.
53
-5000
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Memorandum of Understanding Between Winchester Fire and Rescue
Department and Frederick County Fire and Rescue Department for Use of the
Regional Training Facility
Purpose:
This Agreement shall become effective upon the date hereof, and shall remainin full
force and effect until canceled by mutual agreement of the parties hereto, or by written
notice ofone party to the other party, giving sixty (60) days notice ofcancellation.
Scope:
This MOU provides the understanding that the Winchester Fire and Rescue
Department(WFRD)is the fiscal agent responsible for the training grounds located at
1716 Woodstock Lane Winchester, VA 22601. The training props will be the
responsibility of the agency as listed below with the understanding through direct
communication that theiruse will be commonbetween WFRD and Frederick County
Fire and Rescue Department (FCFRD).The WFRD will maintain the classroom and
bathroom.
Live Fire Training Structure:
Will be the responsibility of WFRD for the maintenance
and inspection as setby the Virginia Department of Fire Programs Live Fire Training
Structure Grant Programrequirements.The use of the building will be authorized
through WFRD.
Cold Training Structure:
Will be the responsibility of WFRD for the maintenance of
the structure. The use of the building will be authorized through WFRD. There will be
no live fire training permitted in this building.
Conex Maze Trailer:
This trailer will be the responsibility of WFRD forany and all
maintenance. The use of the maze will be authorized through WFRD.
Rapid Intervention Structure:
Will be the responsibility of FCFRD for the maintenance
of the structure. The use of the building will be authorized through FCFRD. There will
be no live fire training permittedin this building.
Training Equipment Trailers:
The training equipment trailers located on site arethe
property of FCFRD. The use of any and all equipment will be authorized through
FCFRD.
Forcible Entry Prop:
This prop will be the responsibility of FCFRD. The use of the
prop will be authorized throughFCFRD.
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Air Cascade Trailer:
The air trailer will be the responsibility of FCFRD foranyandall
maintenance. The use of the trailer will be authorized through FCFRD.
Trailer Maze:
The maze trailer will be the responsibility of FCFRD with any and all
maintenance. The use of the maze will be authorized through FCFRD.
Additional Terms:
All personnel utilizing the training center or any and all props shall
be knowledgeable in proper use, operation, and maintenance. This also includes all
safety operations while equipment, props, and/or buildings are being utilized for training.
A pre-use inspection shall be performed prior to a training eventfollowed by a post-use
inspection after the training event. Any defects discovered prior to use shall be
corrected prior to use. Any defects discovered after use shall be corrected after use.
Any outside agency use of the training grounds will only be authorized through the
WFRD.
Frederick County Fire and Rescue Winchester Fireand Rescue
Department Department
By: ___________________________ By: ___________________________
___________________________ ___________________________
(name) (name)
___________________________ ___________________________
(title) (title)
Date: _________________________ Date: _________________________
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The Creamery Building Telephone: (540) 662-2298
21 South Kent Street, Suite 301 FAX:(540) 542-1318
Winchester, VA 22601 Website: www.winchesterva.gov
Timeline for Regional Live Fire Training Facility
The goal of this document is to illustrate the timeline for the burn building project. The
existing burn building shall only be used for cold training (no live fire). This buildingwas
taken out of service in late 2013. Prior to 2013, it was not approved as a burn building
by the state because of only being one floor. Therefore, this building would not be able
to certify firefighters in the region.
Concrete Building
14-AugStarted discussion about the feasability of pursing grant with VDFP.
15-MayGrant application submitted
15-AugVDFP grant orientation meeting
15-OctMeeting with city, contracted engineers and city engineers to discuss plans for new building
15-NovPresented concrete building to be built
15-NovMet with stakeholder to update on where we were at with the grant and overall facility development
16-SepInvitation to Bid for concrete building released
16-OctBids for concrete building over budget
Metal Building
16-NovRequest sent to VDFP for alternate building acceptance due to over budget for concrete building
17-FebVDFP accepts change request
17-AprMoved forward with purchase of metal building through GSA contract
17-SepPresented burn building Frederick County volunteer association
17-OctBuilding cancelled due to allegations of unfair procurement practice
Time delay due to allegations of unfair purchasing. This affected three jurisdictions including Winchester.
18-MarInvitation to Bid for pre-manufactured building
18-JunBid opening - Fire Facilities was low bidder and later awarded contract
19-MayInvitation to Bid for construction of burn building - Lantz was low bidder and awarded contract
19-MayBuilding permit obtained from Frederick County, all required information sent to VDFP for cursory review
19-JulVDFP engineer comments received, teleconference held with VDFP to discuss comments
20-MayBurn building must be completed to meet grant performance requirements
63
“Our Mission is to professionally provide and enhance life safety and fire protection services in a safe, resolute and
respectful manner for all our community partners.”
33
Frederick County Fire and Rescue Department
Reasons for Support of the Burn Building Project
1.Gives the department a greatly improved educational platform:
a.Before we could not practice moving hose lines up and down stair
attacking fires on a above grade and below grade level.
b.Brings a burn building back to our base of operation
c.This will allow us to train for situations that we could not do before
due to not having a multilevel building.
d.Expands our capabilities to perform multiple drills at the training
center at the same time.
e.Will allow us to practice standpipe operations for high rise bui
that we have not been able to do here at all.
f.It will give us a building that we can flow water in and teach h
movement much better.
g.It will have a rappelling tower on the building. Before we would have
to secure an outside private building to do this in. This broug
liability concerns for the owners of the building.
h.Able to teach drafting more efficiently at the Training Center
i.Will give us a roof prop to use off an aerial or ground ladder.
j.It will give us a permanent sprinkler prop to use at the Trainin
Center.
2.Time Savings
a.Our staff spends countless hours preparing to go to other burn
buildings by getting pallets, hay and other support equipment days
ahead of the burn.
b.On the day of the training the time lost in travel can be from t
three hours for the day. This time could be used for training i
of being spent on the road.
c.Once the training is completed the staff then spends extra time
returning equipment back from the site as well.
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3.Logistical Benefit
a.All our training supplies is located at the training center.
b.Currently our staff must set up portable lights for training at night,
with this project it will give us better lighting.
c.Currently for pump training to do drafting we have to set up a
portable tank and is hard to do more than one apparatus at a tim
With the drafting pits it will give us great flexibility in trai
pumping as well.
d.This reduce the movement of equipment to multiple locations.
e.Current burn buildings around the area are busy due to multiple
hiring processes or classes going in so it causes many schedulin
problems and sometimes the buildings are not available, and we
must travel farther to another building.
4.Financial Benefit
a.The extra time our staff spends on transporting equipment to and
from the other burn buildings either takes away from other duties or
costs us overtime.
b.The travel time to and from training results in cost in overtime.
c.Decreases the amount of fuel used due to not having to travel al
time.
d.Decreases the wear and tear on vehicles and maintenance cost.
e.Decreases the chances for accidents while traveling
5.Overall Advantages
a.Decreases preparation time for class and allow the staff to focu
the class.
b.Gives us a much flexibility in our training programs
c.FCFRD on the average year would use the building for structural
burns 14 times. This does not include the numerous times the
department would use the building. For example, we would use the
building a minimum of 27 times in our current recruit school for
other drills besides live fire training.
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d.In the past three years the FCFRD has not conducted shift burns due
to having to travel and the limited time that it affords us. We
substituted other training in its place.
e.It would add a huge component to the training center that allows
multiple operations or classes to happen at the same time.
f.Decreases overtime cost that we have from travel time and
preparation time.
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Frederick County Board of Supervisor’s
Finance/AuditCommittee Charter
I. Organization
There shall be a committee of the Board of Supervisors (“Board”) of Frederick County,
Virginia (“County”) known as the FinanceCommittee (“Committee”). The Committee shall be
comprised of three (3) members of the Board of Supervisors who will be appointed by the Chairman
of the Board, with one appointed as Chair, three (3) citizen members as appointed by the Chairman
of the Board, and two (2) non-voting liaisons: the County Treasurer and the County Commissioner
of the Revenue. The Finance Director will serve as secretary of the Committeewith the duties
including preparing agendas and reports to the Board. This Chartershall govern the Committee with
regard to its duties and responsibilities. The goal of the Committee shall be to provide oversight for
all financial policies, procurement policy, financial planning, risk management, debt issuance, budget
development and other fiscal related issues.
II. Purpose
The primary function of the Committee is to review matters of a financial nature including
proposed changes to fiscal/procurement policies and the review and recommendation for matters of a
financial nature coming forward to the Board including, but not limited to, supplemental
appropriations, transfers and contracts. The Committee’s primary duties and responsibilities are as
follows:
•To provide to the Board means for determining the manner in which policies, programs, and
resources authorized by the Board are being deployed by management consistent with the
intent of the Board and in compliance with all appropriate statutes, ordinances, and
directives.
• Develop and submit reports, draft policies and/or recommendations regarding audits and the
finances of the County to the full Board for its consideration.
• To serve as the Audit Committee toassist the Board in carrying out its oversight
responsibilities by reviewing financial information provided in the County’s annual financial
report.
The Committee will primarily fulfill these responsibilities by carrying out the activities
enumerated in Section IV of this Charter.
III. Meetingsand Quorum
The Committee shall meet monthly or more or less frequently as circumstances dictate. The
Chairman of the Board, the Chair of the Committee, or a majority of the Committee members may
call or cancel meetings of the Committee. The Chair of the Committee shall prepare or approve an
agenda in advance of each meeting. The County Administrator and the Director(s)with the
responsibilities for finance shall be invited to all meetings. Other management officials and counsel
to the Board may be invited as necessary. With the exception of Directors, the Chair may excuse any
non-Committee members from attendance at any meeting or portion of any meeting. A majority of
67
the total Committee composition shall constitute a quorum for the purposes of conducting the
business of the Committee.
37
IV. Responsibilities
The Committee shall have the following duties and responsibilities:
A.Finance
1. Review and advise the Board and senior management of the County with respect to finance
initiatives, policies and procedures, including activities relating to procurement.
2. Provide direction during the preparation of the annual budget. Reviewthe County
Administrator’s final budget proposal and provide recommendations to the Board with respect to
those proposals including tax rates and fees.
3. Review and advise the Board on supplemental appropriation requests, transfers and change
orders as dictated by policy.
4. Review the budgetary and financial implications of management’s tactical and strategic
plans.
5. Review periodic or interim budget and/or financial statements to ensure the County is
operating within approved financial and budgetary allocations and that the County is appropriately
safeguarding its financial resources.
B.Audit
1. Perform independent review and execute oversight of the financial reporting process,
internal controls and independent auditors.
2. Provide a forum separate from management in which auditors and other interested parties
can discuss the annual audit.
3. Meet with the external auditors during the entrance and exit conferences and at other times
as needed or upon request of the external auditors. Review and approve the annual external audit
engagement letter.
4.Manage the County’s internal audit function including review and approval of the internal
annual audit work plan, reports and recommendations. The internal auditor shall report functionally
to the Chair of the committee or designee. The Committee chair, along with the County
Administrator and Finance Director, shall conduct annual evaluations of the auditor's performance.
The Committee Chairman shall participate in decisions regarding the appointment of the internal
auditor and the acceptance of the internal audit plan.
C. Other Duties Related to Review, Reports and Improvement Procedures
1. Review and reassess annually the adequacy of this Charter, and conduct an annual self-
assessment of this Committee’s performance.
2. Report all meetings of the Committee to the Board on the matters discussed at each
Committeemeeting, as appropriate.
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3. Perform any other activities consistent with this Charter, the County’s goals, objectives
and governing law, as the Committee or the Board deems necessary or appropriate.
Original: Adopted by Board of Supervisors 1/25/2012
Revisions:
9/9/2013: reduced Board of Supervisor representatives from four (4) to three (3)
9/29/2014: no changes
10/21/2015: no changes
9/13/2017: no changes
9/12/2018: no changes
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MEMORANDUM
TO:
Cheryl Shiffler, Director of Finance
FROM:
Joe C. Wilder, Director of Public Works
SUBJECT:
Supplemental Appropriation Requests
DATE:
August 5, 2019
______________________________________________________________________________
At the July 30, 2019 Public Works Committee meeting, the following items were
unanimously approved to be sent to the Finance Committee for consideration:
1.Request from the Building Official for an additional plan review position in the
Inspections Department.See attached justification. Funds are not available in the
current fiscal year 2020 budget for this position.Local funds are requested.
Attachment 1)
(
2.Request from the Animal Shelter manager for a supplemental appropriation in the amount
of $15,000 for the spay/neuter program. Funds are available from donations in the
reserve fund line item 10-240-2501. Please see the attached justification.
(Attachment 2)
Please include the above supplemental appropriation requests on the next Finance
Committee agenda.
JCW/kco
attachments as stated
cc:file
73
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107 North Kent Street, Second Floor, Suite 200 Winchester, Virginia 22601-5000
74
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BUDGET TRANSFERS JULY 2019 Page 1
DATEDEPARTMENT/GENERAL FUNDREASON FOR TRANSFERFROMTOACCTCODEAMOUNT
7/1/2019PUBLIC SAFETY COMMUNICATIONSNORTH MOUNTAIN TOWER AC35063004000001 7,934.00
TRANSFERS/CONTINGENCY93015890000000 (7,934.00)
7/1/2019COMMISSIONER OF THE REVENUECD F&R12091001000005 3,895.00
FIRE AND RESCUE35051007000001 (25,153.00)
FIRE AND RESCUECORR. CAREER DEVELOPMENT35051007000001 80,000.00
TRANSFERS/CONTINGENCY 93015807000000 (80,000.00)
COUNTY ADMINISTRATORCORR FY20 SAL.LINE ITEMS12011001000001 14,466.07
COUNTY ATTORNEY 12021001000001 19,226.05
SHERIFF31021002000059 624.22
SHERIFF 31021002000090 624.22
SHERIFF 31021002000091 624.22
SHERIFF 31021002000092 624.22
SHERIFF 31021002000093 624.22
SHERIFF31021002000094 624.22
SHERIFF 31021002000095 624.22
SHERIFF31021002000096 624.22
SHERIFF 31021002000097 624.22
FIRE AND RESCUE35051001000001 3,458.55
PUBLIC SAFETY COMMUNICATIONS35061001000007 3,622.32
RECREATION CENTERS AND PLAYGROUNDS 71041001000011 1, 599.87
TRANSFERS/CONTINGENCY93015807000001 (47,990.84)
FIRE AND RESCUEF&R CDP35051007000001 (74,855.88)
INFORMATION TECHNOLOGYJUNE&JULY SALARY INCREASES12201001000024 (2,134.08)
INFORMATION TECHNOLOGY12201001000057 (9,712.00)
REGISTRAR 13021001000001 (5,902.00)
TRANSFERS/CONTINGENCY93015807000001 17,748.08
COMMISSIONER OF THE REVENUEBUDGET&SALARY CORRECTIONS &PROMOTIONS12091001000003 3,283.00
COMMISSIONER OF THE REVENUE 12091001000004 2,952.00
COMMISSIONER OF THE REVENUE12091001000047 3,382.00
COMMISSIONER OF THE REVENUE12091001000069 3,286.00
COMMISSIONER OF THE REVENUE 12091001000066 5,072.00
COMMISSIONER OF THE REVENUE 12091001000001 (21,870.00)
TREASURER12131001000041 5,196.84
TREASURER 12131001000058 (5,196.84)
SHERIFF 31021002000013 5,643.00
SHERIFF31021007000001 (5,643.00)
INSPECTIONS 34011001000075 (14,473.59)
INSPECTIONS34011001000075 (14,473.59)
FIRE AND RESCUE35051001000001 (9,226.00)
FIRE AND RESCUE 35051001000010 4, 775.91
FIRE AND RESCUE 35051001000012 2,908.00
FIRE AND RESCUE35051001000016 3,946.68
FIRE AND RESCUE 35051001000022 1,000.00
FIRE AND RESCUE35051001000031 4,714.06
FIRE AND RESCUE35051001000032 4,735.38
FIRE AND RESCUE 35051001000085 3,945.89
FIRE AND RESCUE35051001000053 3,946.73
FIRE AND RESCUE35051001000054 4,441.08
FIRE AND RESCUE 35051001000058 3,960.92
FIRE AND RESCUE35051001000067 3,942.25
FIRE AND RESCUE 35051001000084 3,948.91
FIRE AND RESCUE 35051001000085 4,647.52
FIRE AND RESCUE35051001000092 3,943.21
FIRE AND RESCUE35051001000093 3,944.48
FIRE AND RESCUE 35051001000102 (1,305.00)
FIRE AND RESCUE35051001000106 3,947.97
FIRE AND RESCUE35051001000125 4,770.55
FIRE AND RESCUE 35051001000126 (2,337.00)
FIRE AND RESCUE 35051001000127 4, 762.10
FIRE AND RESCUE35051001000128 5,479.24
FIRE AND RESCUE 35051001000129 737.00
FIRE AND RESCUE35051007000001 9,226.00
FIRE AND RESCUE35051001000003 737.00
FIRE AND RESCUE 35051001000004 (23,246.00)
FIRE AND RESCUE35051001000043 5,416.00
FIRE AND RESCUE35051001000128 5,479.00
FIRE AND RESCUE 35051001000078 7,478.00
FIRE AND RESCUE35051001000006 6,307.00
FIRE AND RESCUE35051001000030 5,877.00
FIRE AND RESCUE35051001000079 8,283.00
FIRE AND RESCUE35051001000074 8,135.00
FIRE AND RESCUE35051001000068 7,608.00
FIRE AND RESCUE 35051001000020 7,162.00
FIRE AND RESCUE 35051001000061 6,900.00
FIRE AND RESCUE35051001000063 6,989.00
FIRE AND RESCUE 35051001000081 6,936.00
FIRE AND RESCUE35051007000001 (82,570.00)
FIRE AND RESCUE35051001000064 9,201.00
FIRE AND RESCUE 35051001000069 8, 037.00
FIRE AND RESCUE35051001000070 7,915.00
PUBLIC SAFETY COMMUNICATIONS35061001000006 5,414.12
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BUDGET TRANSFERS JULY 2019Page 2
DATEDEPARTMENT/GENERAL FUNDREASON FOR TRANSFERSFROM TO ACCTCODEAMOUNT
7/1/2019PUBLIC SAFETY COMMUNICATIONSBUDGET&SALARY CORRECTIONS AND PROMOTIONS35061001000018 (10,221.00)
PAKS AND RECREATION ADMINISTRATION71011001000005 (22,607.75)
RECREATION CENTERS AND PLAYGROUNDS 71041001000028 (469.37)
CLEARBROOK PARK 71091001000076 366.40
CLEARBROOK PARK71091001000086 (1,421.45)
SHERANDO PARK 71101001000093 (806.67)
SHERANDO PARK 71101001000095 (16,539.00)
TRANSFERS/CONTINGENCY 93015807000001 14,473.59
TRANSFERS/CONTINGENCY 93015807000001 83,267.31
SHERIFF 31021001000022 5,694.77
SHERIFF 31021001000036 5,643.51
SHERIFF 31021001000050 7,324.43
SHERIFF31021001000054 6,189.87
SHERIFF 31021001000056 7,749.94
SHERIFF31021001000063 5,883.80
SHERIFF31021001000065 4, 011.72
SHERIFF31021001000067 9,629.26
SHERIFF31021001000071 4,027.65
SHERIFF 31021001000072 3,949.90
SHERIFF 31021002000005 4,990.86
SHERIFF31021002000008 4,994.87
SHERIFF31021002000013 (36,927.93)
SHERIFF31021002000019 1,187.86
SHERIFF31021002000032 (6,423.00)
SHERIFF31021002000041 (6,353.00)
SHERIFF31021002000045 5,648.74
SHERIFF31021002000053 15,820.00
SHERIFF31021002000054 (6,751.00)
SHERIFF31021002000069 6,052.37
SHERIFF31021002000072 6,698.92
SHERIFF31021002000079 4,994.87
SHERIFF31021002000085 4,867.95
SHERIFF31021002000088 6,325.16
SHERIFF31021007000001 (65,231.52)
SHERIFFCOVER SALARY FOR FY2031021001000003 (1,001.15)
SHERIFF31021001000038 1,001.15
SHERIFF31021001000003 (2,965.59)
SHERIFF31021002000080 2,965.59
7/16/2019GENERAL ENGINEERING/ADMINISTRATIONNEW LINE ITEM FOR COPIER42015401000000 (1,100.00)
GENERAL ENGINEERING/ADMINISTRATION 42019001000000 1,100.00
7/18/2019INFORMATION TECHNILOGYDISYS PURCHASE ADDED TO PURCHASE ORDER12203002000000 (9,547.20)
INFORMATION TECHNILOGY12008007000003 9,547.20
7/18/2019COMMISSIONER OF THE REVENUEVEHICLE MAINTENANCE AND REPAIR12093004000002 (1,500.00)
REASSESSMENT/BOARD OF ASSESSORS12103004000002 1,500.00
7/24/2019DSS ADMINISTRATIONTR.FUNDS SOCIAL SRVCS.SALARY53161001000000 130,500.00
DSS ADMINISTRATION53162001000000 9,983.00
DSS ADMINISTRATION 53162002000000 12,006.00
DSS ADMINISTRATION 53162006000000 1,710.00
DSS ADMINISTRATION 53162008000000 363.00
DSS ADMINISTRATION53162011000000 471.00
TRANSFERS/CONTINGENCY93015807000001 (155,033.00)
7/29/2019COMMISSIONER OF THE REVENUEASSOCIATION DUES AND MEMBERSHIPS12093005000000 (1,200.00)
REASSESSMENT/BOARD OF ASSESSORS12105801000000 1,200.00
7/29/2019REASSESSMENT/BOARD OF ASSESSORSRE RELATED BOOKS AND SUBSCRIPTIONS12103005000000 (4,000.00)
REASSESSMENT/BOARD OF ASSESSORS12105411000000 4,000.00
7/29/2019PUBLIC SAFETY COMMUNICATIONSREPAIR FENCE35063004000001 (2,100.00)
PUBLIC SAFETY COMMUNICATIONS35063004000003 2,100.00
7/29/2019HUMAN RESOURCESTO COVER OVERTIME COSTS12035401000000 (321.12)
HUMAN RESOURCES12031001000042 321.12
7/29/2019COMMISSIONER OF THE REVENUETRAVEL RELATED EXPENSES FOR CLASSES, CONFERENCES12093006000000 (2,000.00)
REASSESSMENT/BOARD OF ASSESSORS12105506000000 2,000.00
79
49
AP2408/15/2019COUNTYOFFREDERICKVA.OPENPURCHASEORDERS*OPEN*PAGE1
PO#VEND#NAMEFUND-DEPT-LOC-ACCTDATE$AMOUNT$$TOTAL$APPRVDBYPODescription
-------------------------------------------------------------------
0022183010531METRORECREATIONINC4010-071100-8900-000-000-10/19/201780,710.30GREENFIELDSOUTDOORFITNESSEQ
0022183010531METRORECREATIONINC4010-071100-8900-000-000-3/23/201840,355.15-40,355.15
------------
40,355.15*
0022236005006DELTAAIRPORTCONSULTANTS4085-081030-8801-000-160-4/1TASKORDER#7PROFSERVICES
0022236003802DELTAAIRPORTCONSULTANTS4085-081030-8801-000-160-5/2
0022236003802DELTAAIRPORTCONSULTANTS4085-081030-8801-000-160-7/1
0022236003802DELTAAIRPORTCONSULTANTS4085-081030-8801-000-160-8/0
0022236003802DELTAAIRPORTCONSULTANTS4085-081030-8801-000-160-10/
0022236003802DELTAAIRPORTCONSULTANTS4085-081030-8801-000-160-11/
0022236003802DELTAAIRPORTCONSULTANTS4085-081030-8801-000-160-11/
0022236003802DELTAAIRPORTCONSULTANTS4085-081030-8801-000-160-1/2
0022236003802DELTAAIRPORTCONSULTANTS4085-081030-8801-000-160-2/0
0022236003802DELTAAIRPORTCONSULTANTS4085-081030-8801-000-160-3/0
------------
8,187.15*
0022249010708FUOGINTERBUILDINC4010-071090-8900-000-000-4/30/2018193,000.00FREDERICKHEIGHTTRAIL
0022249010708FUOGINTERBUILDINC4010-071090-8900-000-000-9/10/201852,325.00-
0022249010708FUOGINTERBUILDINC4010-071090-8900-000-000-9/19/20184,850.00CONCRETECRADLEAND2PIERS
0022249010708FUOGINTERBUILDINC4010-071090-8900-000-000-10/11/20186,450.00INSTALLCULVERTPIPES
0022249010708FUOGINTERBUILDINC4010-071090-8900-000-000-10/23/201828,720.00-
0022249010708FUOGINTERBUILDINC4010-071090-8900-000-000-11/26/201875,040.00-
0022249010708FUOGINTERBUILDINC4010-071090-8900-000-000-11/27/20187,842.00BASKETBALLCOURTPAVING
0022249010708FUOGINTERBUILDINC4010-071090-8900-000-000-1/07/201945,450.90-10,606.10
------------
10,606.10*
0022277010405SUPERIONLLC4010-031020-5409-000-005-6/14/20184,540.004,540.00ECITATIONMULTI-STATEADDON
------------
4,540.00*
0022334007783KICKINASPHALTPAVING&4010-071100-8900-000-000-9/27/2018269,700.00ENTRANCEANDROADWAY
0022334007783KICKINASPHALTPAVING&4010-071100-8900-000-000-9/27/2018223,500.00PARKINGLOT
0022334007783KICKINASPHALTPAVING&4010-071100-8900-000-000-9/27/201810,000.00RESTROOMWATERLINE
0022334007783KICKINASPHALTPAVING&4010-071100-8900-000-000-9/27/201824,000.00RESTROOMSEWERLINE
0022334007783KICKINASPHALTPAVING&4010-071100-8900-000-000-2/22/201964,220.00-
0022334007783KICKINASPHALTPAVING&4010-071100-8900-000-000-3/21/201936,195.00-
0022334007783KICKINASPHALTPAVING&4010-071100-8900-000-000-4/09/201940,707.50-
0022334007783KICKINASPHALTPAVING&4010-071100-8900-000-000-5/21/201920,500.00SHERANDOPARKBUILDINGPAD
0022334007783KICKINASPHALTPAVING&4010-071100-8900-000-000-5/24/201981,510.00-
0022334007783KICKINASPHALTPAVING&4010-071100-8900-000-000-5/24/20196,250.00CHANGEORDERFORNWSHERANDOP
0022334007783KICKINASPHALTPAVING&4010-071100-8900-000-000-5/24/20197,500.00CHANGEORDERFORNWSHERANDOP
0022334007783KICKINASPHALTPAVING&4010-071100-8900-000-000-5/24/201997,800.00CHANGEORDERFORNWSHERANDOP
0022334007783KICKINASPHALTPAVING&4010-071100-8900-000-000-6/06/2019139,545.50-
0022334007783KICKINASPHALTPAVING&4010-071100-8900-000-000-7/23/2019134,543.75-162,528.25
------------
162,528.25*
0022339005822AMERICANUNIFORMSSALE4010-031020-5410-000-000-10/09/20182,255.06PROPPERBDUTROUSERBROWN
0022339005822AMERICANUNIFORMSSALE4010-031020-5410-000-000-10/09/20182,255.06TACTICALDRESSSHIRTL/SBRN
80
50
AP2408/15/2019COUNTYOFFREDERICKVA.OPENPURCHASEORDERS*OPEN*PAGE2
PO#VEND#NAMEFUND-DEPT-LOC-ACCTDATE$AMOUNT$$TOTAL$APPRVDBYPODescription
-------------------------------------------------------------------
0022339005822AMERICANUNIFORMSSALE4010-031020-5410-000-000-10/09/20181,879.06TACTICALDRESSSHIRTS/SBROWN
0022339005822AMERICANUNIFORMSSALE4010-031020-5410-000-000-10/09/2018752.00CUSTOMIZATIONSEWONPATCHES
0022339005822AMERICANUNIFORMSSALE4010-031020-5410-000-000-2/19/20196,253.53-887.65
------------
887.65*
0022353008568ATLANTICTACTICALINC4010-031020-5409-000-002-11/06/2018596.88DEF323-SC12-GRAMLOWROLL
0022353008568ATLANTICTACTICALINC4010-031020-5409-000-002-11/06/2018519.00DEF217-DEF-TEC12GA.DRAG
0022353008568ATLANTICTACTICALINC4010-031020-5409-000-002-11/06/2018366.72DEF-6325-ADEFTECEXACT
0022353008568ATLANTICTACTICALINC4010-031020-5409-000-002-11/06/2018242.10DEF-1030-117712TRI-CHAMBER
0022353008568ATLANTICTACTICALINC4010-031020-5409-000-002-11/06/2018799.00DEF-142540MMGRENADELAUNCHER
0022353008568ATLANTICTACTICALINC4010-031020-5409-000-002-11/06/2018118.53DEF327-LAUNCHERBAG
0022353008568ATLANTICTACTICALINC4010-031020-5409-000-002-11/06/2018768.001304700700-DEF-TECDISTRACTION
0022353008568ATLANTICTACTICALINC4010-031020-5409-000-002-11/06/2018110.40DEF111-DEF-TECLOWROLLDEV
0022353008568ATLANTICTACTICALINC4010-031020-5409-000-002-11/06/2018172.80DEF286-DEF-TEC12GACS
0022353008568ATLANTICTACTICALINC4010-031020-5409-000-002-11/06/2018523.95MON762B-MONADNOCKCUTTER
0022353008568ATLANTICTACTICALINC4010-031020-5409-000-002-2/19/2019523.95-
0022353008568ATLANTICTACTICALINC4010-031020-5409-000-002-3/25/20193,583.03-110.40
------------
110.40*
0022362010946ROSHELINC4010-031020-8005-000-000-11/21/2018127,600.00127,600.002018MERCEDESSPRINTER3500
------------
127,600.00*
0022364005769MUNICIPALEMERGENCYSERVI4010-035050-5410-000-000-11/GLOBECLASSICCOATKOMBATFLEX
0022364005769MUNICIPALEMERGENCYSERVI4010-035050-5410-000-000-11/GLOBECLASSICPANTKOMBATFLEX
0022364005769MUNICIPALEMERGENCYSERVI4010-035050-5410-000-000-4/1
------------
7,095.00*
0022372007692EASTCOASTEMERGENCY4010-035050-8005-000-000-12/21/201810,235.2310,235.23EMERGENCYLIGHTINGANDINSTALL
------------
10,235.23*
0022373002411SHEEHYFORD4011-033010-8005-000-000-12/26/201826,631.302019FORDFORDSEDANAWD
0022373002411SHEEHYFORD4011-033010-8005-000-000-12/26/201830,482.532019FORDTRANSITVAN
0022373002411SHEEHYFORD4011-033010-8005-000-000-1/03/201926,631.30-2019FORDPOLIECESEDAN
0022373002411SHEEHYFORD4011-033010-8005-000-000-1/03/201926,631.302019FORDSEDANBLACKAWD
0022373002411SHEEHYFORD4011-033010-8005-000-000-6/20/201926,631.30-30,482.53
------------
30,482.53*
0022378005205GALLSLLC4010-031020-5410-000-000-1/28/20198,992.35POINTBLKHILITELEVELXPIIIA
0022378005205GALLSLLC4010-031020-5410-000-000-5/21/20192,997.45-
0022378005205GALLSLLC4010-031020-5410-000-000-5/21/2019599.49-5,395.41
------------
5,395.41*
0022387009791SMITH-MIDLANDCORPORATION4010-071100-8900-000-000-2/RESTROOMFACILITY
81
51
AP2408/15/2019COUNTYOFFREDERICKVA.OPENPURCHASEORDERS*OPEN*PAGE3
PO#VEND#NAMEFUND-DEPT-LOC-ACCTDATE$AMOUNT$$TOTAL$APPRVDBYPODescription
-------------------------------------------------------------------
0022387009791SMITH-MIDLANDCORPORATION4010-071100-8900-000-000-5/
------------
103,152.00*
0022392007692EASTCOASTEMERGENCY4010-035050-8005-000-000-2/27/201915,780.71WHELENEMERGENCYLIGHTINGPKG-
0022392007692EASTCOASTEMERGENCY4010-035050-8005-000-000-2/27/2019510.0016,290.71WESTINPUSHBUMPER
------------
16,290.71*
0022393010071EXPRESSPRESS4010-071040-5410-000-000-2/27/20192,572.50TRAILS4MILESRACE
0022393010071EXPRESSPRESS4010-071040-5410-000-000-2/27/2019599.00RUNNINGCLUB
0022393010071EXPRESSPRESS4010-071040-5410-000-000-2/27/2019943.00AQUATICSSWIMTEAM
0022393010071EXPRESSPRESS4010-071040-5410-000-000-2/27/2019307.50AQUATICSSTAFF
0022393010071EXPRESSPRESS4010-071040-5410-000-000-2/27/2019551.25AQUATICSSTAFF
0022393010071EXPRESSPRESS4010-071040-5410-000-000-2/27/2019599.00YOUTHTRIATHLON
0022393010071EXPRESSPRESS4010-071040-5410-000-000-4/19/20192,855.00-
0022393010071EXPRESSPRESS4010-071040-5410-000-000-5/10/20191,620.00ADDITIONALTRAILS4MILESRACE
0022393010071EXPRESSPRESS4010-071040-5410-000-000-5/10/2019200.00TRAILS4MILESRACE
0022393010071EXPRESSPRESS4010-071040-5410-000-000-5/10/2019858.00SUMMERLEAGUEBASKETBALL
0022393010071EXPRESSPRESS4010-071040-5410-000-000-5/21/20191,820.00-
0022393010071EXPRESSPRESS4010-071040-5410-000-000-6/19/2019587.02-
0022393010071EXPRESSPRESS4010-071040-5410-000-000-6/19/2019862.80-
0022393010071EXPRESSPRESS4010-071040-5410-000-000-7/22/2019945.00-1,180.43
0022393010071EXPRESSPRESS4010-071100-5410-000-000-2/27/2019858.00SUMMERLEAGUEBASKETBALL
0022393010071EXPRESSPRESS4010-071100-5410-000-000-5/10/2019858.00-.00SUMMERLEAGUEBASKETBALL
------------
1,180.43*
0022402009070DISYSSOLUTIONSINC4010-012200-8007-000-003-3/11/2019199,469.48CATALYST9400SERIES
0022402009070DISYSSOLUTIONSINC4010-012200-8007-000-003-4/19/201945,534.06-
0022402009070DISYSSOLUTIONSINC4010-012200-8007-000-003-4/19/20193,720.30-
0022402009070DISYSSOLUTIONSINC4010-012200-8007-000-003-7/22/201950,000.00-
0022402009070DISYSSOLUTIONSINC4010-012200-8007-000-003-7/22/201932,215.12-
0022402009070DISYSSOLUTIONSINC4010-012200-8007-000-003-7/22/201950,000.00-18,000.00
------------
18,000.00*
0022410003900LANDSCAPESUPPLYINC4010-071090-5403-000-000-3/19/20192,160.00ARENA
0022410003900LANDSCAPESUPPLYINC4010-071090-5403-000-000-3/19/20191,178.4015-0-2..17DIMENSION
0022410003900LANDSCAPESUPPLYINC4010-071090-5403-000-000-4/11/2019998.4025-0-15W/UFLEXX
0022410003900LANDSCAPESUPPLYINC4010-071090-5403-000-000-5/21/20191,195.90-3,140.90
0022410003900LANDSCAPESUPPLYINC4010-071100-5403-000-000-3/19/20192,160.00ARENA
0022410003900LANDSCAPESUPPLYINC4010-071100-5403-000-000-3/19/20191,178.4015-0-2,.17DIMENSION
0022410003900LANDSCAPESUPPLYINC4010-071100-5403-000-000-4/11/2019998.4025-0-15W/UFLEXX
0022410003900LANDSCAPESUPPLYINC4010-071100-5403-000-000-5/21/20191,195.90-3,140.90
------------
6,281.80*
0022416004411PINEKNOLLCONSTRUCTION4010-071090-8900-000-000-3/26/2019213,266.00CBPARKPARKINGEXPANSION
0022416004411PINEKNOLLCONSTRUCTION4010-071090-8900-000-000-6/24/201916,868.00CBPARKPARKINGEXPANSION
0022416004411PINEKNOLLCONSTRUCTION4010-071090-8900-000-000-6/24/20191,702.00CHANGEORDERFORCBPARKING
0022416004411PINEKNOLLCONSTRUCTION4010-071090-8900-000-000-7/22/201992,376.08-139,459.92
------------
82
52
139,459.92*
AP2408/15/2019COUNTYOFFREDERICKVA.OPENPURCHASEORDERS*OPEN*PAGE4
PO#VEND#NAMEFUND-DEPT-LOC-ACCTDATE$AMOUNT$$TOTAL$APPRVDBYPODescription
-------------------------------------------------------------------
0022418003836SITECONCEPTSLLC4010-071100-8900-000-000-3/28/201918,750.0018,750.00SHADESTRUCTUREASPERQUOTE
------------
18,750.00*
0022420003836SITECONCEPTSLLC4010-071090-8900-000-000-3/29/201918,750.0018,750.00SHADESTRUCTUREASPERQUOTE
------------
18,750.00*
0022421003868PERRYENGINEERINGCOINC4027-012270-5413-000-007-4/02/CROSSOVERBLVDRD
0022421003868PERRYENGINEERINGCOINC4027-012270-5413-000-007-4/02/CROSSOVERBLVDRD
0022421003868PERRYENGINEERINGCOINC4027-012270-5413-000-007-6/24/
0022421003868PERRYENGINEERINGCOINC4027-012270-5413-000-007-6/24/
0022421003868PERRYENGINEERINGCOINC4027-012270-5413-000-007-7/11/
0022421003868PERRYENGINEERINGCOINC4027-012270-5413-000-007-7/11/
------------
16,598,474.08*
0022425005802SHEEHYFORDOFRICHMOND4011-033010-8005-000-000-4/08/201913,722.55PRISONERTRANSPORTINSERT
0022425005802SHEEHYFORDOFRICHMOND4011-033010-8005-000-000-4/08/20196,170.71EMERGENCYEQUIPMENT
0022425005802SHEEHYFORDOFRICHMOND4011-033010-8005-000-000-4/08/20193,477.50LABOR
0022425005802SHEEHYFORDOFRICHMOND4011-033010-8005-000-000-4/08/20191,423.02SHIPPING
0022425005802SHEEHYFORDOFRICHMOND4011-033010-8005-000-000-4/08/2019428.0025,221.78MISC.PARTS
------------
25,221.78*
0022430011062RESCUEPHONEINC4010-031020-8001-000-000-5/10/201921,490.0021,490.00CRISISRESPONSEMODULE/SYSTEM
------------
21,490.00*
0022432011137DISCOVERYCONTRACTORSINC4011-033010-3004-000-003-5/216,385.50CONSTRUCT2ROOMSIN
------------
16,385.50*
0022434008568ATLANTICTACTICALINC4011-033010-5409-000-000-5/29/20197,856.80SAFARILANDEXTREMEVESTS
0022434008568ATLANTICTACTICALINC4011-033010-5409-000-000-5/29/20193,231.36SAFARILANDVICARRIERAWS
0022434008568ATLANTICTACTICALINC4011-033010-5409-000-000-5/29/2019332.64SAFARISOFTTRAUMAPLATE5X8
0022434008568ATLANTICTACTICALINC4011-033010-5409-000-000-5/29/201995.04PROTECHIDPATCH
0022434008568ATLANTICTACTICALINC4011-033010-5409-000-000-5/29/201995.04SAFARILANDSMALLCUSTOMPATCH
0022434008568ATLANTICTACTICALINC4011-033010-5409-000-000-5/29/201963.20EMBROIDEREDNAMETAPE
0022434008568ATLANTICTACTICALINC4011-033010-5409-000-000-5/29/201932.0011,706.08SEWONVELCRO
------------
11,706.08*
0022439004243MARYLANDFIREEQUIPMENT4010-035050-5410-000-000-5/31/201920,055.00GLOBECLASSIXTURNOUTJACKET
0022439004243MARYLANDFIREEQUIPMENT4010-035050-5410-000-000-5/31/201916,680.00GLOBECLASSIXTURNOUTPANTS
0022439004243MARYLANDFIREEQUIPMENT4010-035050-5410-000-000-5/31/2019180.0036,915.00SHIPPING
------------
36,915.00*
83
53
AP2408/15/2019COUNTYOFFREDERICKVA.OPENPURCHASEORDERS*OPEN*PAGE5
PO#VEND#NAMEFUND-DEPT-LOC-ACCTDATE$AMOUNT$$TOTAL$APPRVDBYPODescription
-------------------------------------------------------------------
0022440004649PHYSIO-CONTROLINC4030-013300-5404-000-000-5/31/201947,850.0011996-000393MCGRATHMACEMS
0022440004649PHYSIO-CONTROLINC4030-013300-5404-000-000-5/31/20191,044.0048,894.00MCGRATH3.6VEMSBATTERY
------------
48,894.00*
0022441003802DELTAAIRPORTCONSULTANTS4085-081030-8801-000-203-6/0205,000.00DESIGNSERVICES
------------
205,000.00*
0022442011151SCANTECHNOLOGYINC4010-031020-5409-000-005-6/10/20198,475.008,475.00L-TRON4910LR-151-LTRK
------------
8,475.00*
0022443010472AMERICANFITNESSREPAIR4010-031020-5413-000-000-6/10/20192,237.002,237.001/2SPIRITCE900COMM
0022443010472AMERICANFITNESSREPAIR4010-035050-5413-000-000-6/10/20192,237.002,237.001/2
------------
4,474.00*
0022444011161COMMONWEALTHSCHOOLEQUIP4010-033030-5413-000-002-6/1PANTOSWINGLUPOCHAIRS
0022444011161COMMONWEALTHSCHOOLEQUIP4010-033030-5413-000-002-6/1THUMBPRINTDESKS
0022444011161COMMONWEALTHSCHOOLEQUIP4010-033030-5413-000-002-6/1SHIFTPLUSFUSIONTABLES
0022444011161COMMONWEALTHSCHOOLEQUIP4010-033030-5413-000-002-6/1FLIPTABLES
0022444011161COMMONWEALTHSCHOOLEQUIP4010-033030-5413-000-002-6/1HOKKISTOOLS18"HIGH
0022444011161COMMONWEALTHSCHOOLEQUIP4010-033030-5413-000-002-6/1AMERICAMODELCOMPASSSTOOL
0022444011161COMMONWEALTHSCHOOLEQUIP4010-033030-5413-000-002-6/1COMPASS4LEGCHAIRONCASTORS
0022444011161COMMONWEALTHSCHOOLEQUIP4010-033030-5413-000-002-6/1CURVEDBENCHUNITSUPHOLSTERED
0022444011161COMMONWEALTHSCHOOLEQUIP4010-033030-5413-000-002-6/1DOUBLESIDEDMOBILEWHITEBOAR
0022444011161COMMONWEALTHSCHOOLEQUIP4010-033030-5413-000-002-6/1SQUARERONDOLIFTTABLES
0022444011161COMMONWEALTHSCHOOLEQUIP4010-033030-5413-000-002-6/117,853.00ARMLESSSOFA67X31UPHOLSTERED
------------
17,853.00*
0022445005809CUTTINGEDGESMALLENGINE4012-042040-8006-000-000-6/1131,172.50VENTRACSLOPEMOWER
------------
31,172.50*
0022446009804MILLERSSUPPLIESATWORK4010-012090-5401-000-000-6/21/2019996.00GUESTCHAIRW/ARMS
0022446009804MILLERSSUPPLIESATWORK4010-012090-5401-000-000-6/21/2019443.00TASKCHAIR
0022446009804MILLERSSUPPLIESATWORK4010-012090-5401-000-000-6/21/20191,153.00KNEESPACECREDENZA
0022446009804MILLERSSUPPLIESATWORK4010-012090-5401-000-000-6/21/2019561.00CONFERENCETABLETOP
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54
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85
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87
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95
REPORT to the BOARD OF SUPERVISORS
Wednesday September 11, 2019
7:00 p.m.
107 NORTH KENT STREET, WINCHESTER, VIRGINIA
To: Jay Tibbs, Deputy County Administrator
From: Jason L. Robertson, Director, Parks & Recreation Dept.
Date: August 14, 2019
Subject: Parks and Recreation Commission Action
The Parks and Recreation Commission met on August 13, 2019. Members present were: Guss
Morrison, Natalie Gerometta, Gary Longerbeam, Amy Strosnider, Charles Sandy, Jr., Ronald
Madagan, and Randy Carter, Mr. Robert Well (non-voting Board Liaison). Members Absent:
Christopher Fordney
ITEMS REQUIRING ACTION BY BOARD OF SUPERVISORS:
None
ITEMS SUBMITTED FOR INFORMATION ONLY
1.The Commission adopted the attached Pricing Policy (000.00).
2.The Committee request staff collect data in regards to residency and pool admission
fees and to bring this information back to the Commission at a later date.
Cc: Charles R. Sandy, Chairman
Robert Wells, Board of Supervisors Non-Voting Liaison
96
PRICING POLICY
000.00
PURPOSE:
To establish a policy that provides a pricing model for recreational programs and
facility reservations.
GOAL:
To institute a standardized method for establishing the fees determined during the
annual budget process.
POLICY:
The following represents the levels for programs/services currently offered or those that
will be offered in the future. These levels are for budgeting purposes only, actual
revenue may exceed direct costs.
Level 3:
Programs and facilities are budgeted to recover of 125% or more of
direct costs and have high individual benefit:
Trips
Concessions/Merchandise for Resale
Private Rentals –Non-resident
Daily basicREC, Pick-a-Week Camp basicREC
Specialized Activities/Camps
Level 2:
Programs/Services providing both community and individual benefit.
These programs/services are budgeted to recover 75-100% of direct costs
through program fees depending on nature of activity. Program fees
may be offset by alternative revenue sources such as sponsorships,
donations, grants, and volunteer staff savings:
Classes and Programs –All ages
Tournaments and Leagues -Adult
Tournaments and Leagues -Youth
Private Rentals -Resident
basicREC, Camp basicREC
Level 1:
Programs/Services with a large community benefit. These
programs/services are budgeted to recover 0 -75% of direct costs through
program fees depending on nature of activity. Program fees may be
offset by alternative revenue sources such as sponsorships, donations,
grants, and volunteer staff savings:
Community Events –July 4, Pets Extravaganza, KiteFest
Community Training Programs –CPR, Babysitting
97
Special Needs Programs –Special Olympics, Camp Re-
Creation
Training Programs –Coach’s or Official Trainings
During the budget process annually, FCPRD staff will determine appropriate pricing
model or fee for each program
Programs/Services will be assigned a direct cost recovery level based on set criteria
Pricing Model/Fees/Charges are reviewed annually by the FCPRD Commission during
the budget process.
Date: August 2019
98
99
PUBLIC SAFETY COMMITTEE REPORT to the BOARD OF SUPERVISORS
Thursday August 15, 2019
8:30 a.m.
1080 COVERSTONE DRIVE, WINCHESTER, VIRGINIA
ATTENDEES:
Committee Members Present: Chairman Bob Wells, Walt Cunningham, Judy
McCann-Slaughter, Helen Lake and Blain Dunn. Citizen member Chuck Torpy was not
present.
Staff present: Deputy Chief Larry Oliver, Deputy County Administrator Jay
Tibbs, Deputy Chief/Fire Marshal Mark Showers, Director of Communications
LeeAnna Pyles, Assistant County Attorney Erin Swisshelm, Deputy Chief Keith
Jenkins, Fire Chief Denny Linaburg, Volunteer Fire & Rescue President Dan
Cunningham, Winchester City Fire & Rescue Chief William Garrett and Winchester
City Fire & Rescue Deputy Chief JD Orndorff.
ITEMS REQUIRING ACTION BY BOARD OF SUPERVISORS:
1.
None
ITEMS FOR INFORMATION ONLY:
1.Follow-up discussion of re-evaluated proposed expansion to the Fire
Prevention Code fee schedule (see attached):
Deputy Chief Showers presented a more refined proposed fee schedule that was
originally presented to the Public Safety Committee on March 14, 2019 and Public
Works Committee on March 26, 2019.
Deputy Chief Showers noted a few fee adjustments including lowering the yearly
inspection fee for small businesses,re-inspections fees and home business
inspection fees. He also stated,at this time, there would be no need to hire
additional manpower to perform these inspections. Over the next year, the Fire
Marshal’s office will monitor this service and decide what changes, if any, need to
be made to the program.
Chairman Wellsrecommended to forward the re-evaluated proposed fee schedule to
the Public Works Committee. The consensus of the Committee was to forward the
proposed fee schedule to the Public Works Committee for review and
recommendation to the Board.
100
2.Burn building replacement project (see attached):
Chief Linaburgalong with Cityof WinchestersFire & Rescue Chief William
Garrett and Deputy Chief J.D. Orndorff addressed the Committee regarding the
proposed replacementburn building project. This is a joint venture, with the City of
Winchester serving asfiscal agent for the structure.This projectbegan in 2014 and
the two entities have worked tirelessly to secure the funding and approval for this
new facility.
City Deputy Chief Orndorff stated the City of Winchester was awarded the
maximum GSA grant of $450,000 to fund this project. Staff isseeking funding from
Frederick County in the amount of $257,018to cover thefundingshortage for
completion of the project.
Chief Linaburg explainedthe new building will be a metal, 2 story structure thathas
a life expectancy of over 15 years. Walt Cunningham added that with this new
multi-purpose structure on the horizon, the training possibilities for volunteers and
new hires is a very positive investment for all the jurisdictions for years to come.
The hopes of bringing on new volunteers and more hands-on training to those in all
surroundingFire & Rescue departments is critical for localities that would utilize
the facility. City of Winchester Deputy Chief Orndorff added that outside agencies
who would utilize the facility would be charged a fee depending onwhat materials
were requested and that the monies collected would go towardmaintaining the
structure.
Chairman Wells made a motion to forward the project informationand funding
requestto the Finance Committee with a recommendation of approval.Ms. Lake
seconded the motion. The Committee unanimously approved the motion.
3.Other information:
Blaine Dunn inquired about the status of the radio systemstudy. Director Pyles
stated that she has contracted our original consultants, MCP to get the pros and cons
of using the West Virginia Siren System.
Respectfully submitted,
Public Safety Committee
Bob WellsBlaine DunnChuck Torpy
Judy McCann-SlaughterHelen LakeWalt Cunningham
101
FIRE AND RESCUE DEPARTMENT
OFFICE OF THE FIRE MARSHAL
S.Mark Showers
Deputy Chief/Fire Marshal
Life Safety Division
M E M O R A N D U M
1080 Coverstone Drive
Winchester, VA 22602
TO:
Chairman Robert Wells, Public Safety Committee
FROM:
S.Mark Showers, Deputy Chief/Fire Marshal, Life Safety Division
SUBJECT:
Proposed Expansion to the Frederick County Fire Prevention Code Fee
Schedule
DATE:
, 2019
The Fire Marshal’s Office is seeking approval to expand the current fee schedule to
offset the cost of conducting inspections and permitting. In accordance with Section 27-
97 of the Code of Virginia.
Section 107.10 Local fees
Per the Frederick County Fire Prevention Code …fees may
be levied by the local governing body in order to defray the cost of enforcement and
appeals under the FCFPC.
On March 14,2019 the Public Safety Committee voted 3 – 2 toforward onto the Public
WorksCommitteefor reviewandcomment. March 26, 2019 the Public Works
Committee voted and passed unanimouslyrecommendingthe establishment of a fire
safetyinspection fee schedule,but asked fireand rescue staffto goback and re-
evaluatethe fees. We havere-evaluated the fee scheduleand madetheappropriate
changes.
Please reference the attached document for adetailed informational breakdown of the
proposed process and associated fees.
102
Life Safety (540) 665-6350sshowers@fcva.usFax (540) 678-4739
114
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116
117
118
119
120
Memorandum of Understanding Between Winchester Fire and Rescue
Department and Frederick County Fire and Rescue Department for Use of the
Regional Training Facility
Purpose:
This Agreement shall become effective upon the date hereof,and shall remainin full
force and effect until canceled by mutual agreement of the parties hereto,or by written
notice ofone party to the other party, giving sixty (60) days notice ofcancellation.
Scope:
This MOU provides the understanding that the Winchester Fire and Rescue
Department(WFRD)is the fiscal agent responsible for the training grounds located at
1716 Woodstock Lane Winchester, VA 22601. The training props will be the
responsibility of the agency as listed below with the understanding through direct
communication that theiruse will be commonbetween WFRD and Frederick County
Fire and Rescue Department (FCFRD).The WFRD will maintain the classroom and
bathroom.
Live Fire Training Structure:
Will be the responsibility of WFRD for the maintenance
and inspection as setby the Virginia Department of Fire Programs Live Fire Training
Structure Grant Programrequirements.The use of the building will be authorized
through WFRD.
Cold Training Structure:
Will be the responsibility of WFRD for the maintenance of
the structure. The use of the building will be authorized through WFRD. There will be
no live fire training permitted in this building.
Conex Maze Trailer:
This trailer will be the responsibility of WFRD forany and all
maintenance. The use of the maze will be authorized through WFRD.
Rapid Intervention Structure:
Will be the responsibility of FCFRD for the maintenance
of the structure. The use of the building will be authorized through FCFRD. There will
be no live fire training permittedin this building.
Training Equipment Trailers:
The training equipment trailers located on site arethe
property of FCFRD.The use of any and all equipment will be authorized through
FCFRD.
Forcible Entry Prop:
This prop will be the responsibility of FCFRD. The use of the
prop will be authorized throughFCFRD.
121
1
Air Cascade Trailer:
The air trailer will be the responsibility of FCFRD foranyandall
maintenance. The use of the trailer will be authorized through FCFRD.
Trailer Maze:
The maze trailer will be the responsibility of FCFRD with any and all
maintenance. The use of the maze will be authorized through FCFRD.
Additional Terms:
All personnel utilizing the training center or any and all props shall
be knowledgeable in proper use, operation, and maintenance. This also includes all
safety operations while equipment, props,and/or buildings are being utilized for training.
A pre-use inspection shall be performed prior to a training eventfollowed by a post-use
inspection after the training event. Any defects discovered prior touseshall be
corrected prior to use. Any defects discovered after use shall be corrected after use.
Any outside agency use of the training grounds will only be authorized through the
WFRD.
Frederick County Fire and RescueWinchester Fireand Rescue
DepartmentDepartment
By: ___________________________By: ___________________________
___________________________ ___________________________
(name)(name)
___________________________ ___________________________
(title)(title)
Date: _________________________Date: _________________________
122
2
The Creamery Building Telephone: (540) 662-2298
21 South Kent Street, Suite 301 FAX:(540) 542-1318
Winchester, VA 22601 Website: www.winchesterva.gov
Timeline for Regional Live Fire Training Facility
The goal of this document is to illustrate the timeline for the burn building project. The
existing burn building shall only beused for cold training (no live fire). This buildingwas
taken out of service in late 2013. Prior to 2013, it was not approved as a burn building
by the state because of only being one floor. Therefore, this building would not be able
to certify firefighters in the region.
Concrete Building
14-AugStarted discussion about the feasability of pursing grant with VDFP.
15-MayGrant application submitted
15-AugVDFP grant orientation meeting
15-OctMeeting with city, contracted engineers and city engineers to discuss plans for new building
15-NovPresented concrete building to be built
15-NovMet with stakeholder to update on where we were at with the grant and overall facility development
16-SepInvitation to Bid for concrete building released
16-OctBids for concrete building over budget
Metal Building
16-NovRequest sent to VDFP for alternate building acceptance due to over budget for concrete building
17-FebVDFP accepts change request
17-AprMoved forward with purchase of metal building through GSA contract
17-SepPresented burn building Frederick County volunteer association
17-OctBuilding cancelled due to allegations of unfair procurement practice
Time delay due to allegations of unfair purchasing. This affected three jurisdictions including Winchester.
18-MarInvitation to Bid for pre-manufactured building
18-JunBid opening - Fire Facilities was low bidder and later awarded contract
19-MayInvitation to Bid for construction of burn building - Lantz was low bidder and awarded contract
19-MayBuilding permit obtained from Frederick County, all required information sent to VDFP for cursory review
19-JulVDFP engineer comments received, teleconference held with VDFP to discuss comments
20-MayBurn building must be completed to meet grant performance requirements
123
“Our Mission is to professionally provide and enhance life safety and fire protection services in a safe, resolute and
respectful manner for all our community partners.”
Frederick County Fire and Rescue Department
Reasons for Support of the Burn Building Project
1.Gives the department a greatly improved educational platform:
a.Before we could not practice moving hose lines up and down stair
attacking fires on a above grade and below grade level.
b.Brings a burn building back to our base of operation
c.This will allow us to train for situations that we could not do before
due to not having a multilevel building.
d.Expands our capabilities to perform multiple drills at the training
center at the same time.
e.Will allow us to practice standpipe operations for high rise bui
that we have not been able to do here at all.
f.It will give us a building that we can flow water in and teach h
movement much better.
g.It will have a rappelling tower on the building. Before we would have
to secure an outside private building to do this in. This broug
liability concerns for the owners of the building.
h.Able to teach drafting more efficiently at the Training Center
i.Will give us a roof prop to use off an aerial or ground ladder.
j.It will give us a permanent sprinkler prop to use at the Trainin
Center.
2.Time Savings
a.Our staff spends countless hours preparing to go to other burn
buildings by getting pallets, hay and other support equipment days
ahead of the burn.
b.On the day of the training the time lost in travel can be from t
three hours for the day. This time could be used for training i
of being spent on the road.
c.Once the training is completed the staff then spends extra time on
returning equipment back from the site as well.
124
3.Logistical Benefit
a.All our training supplies is located at the training center.
b.Currently our staff must set up portable lights for training at night,
with this project it will give us better lighting.
c.Currently for pump training to do drafting we have to set up a
portable tank and is hard to do more than one apparatus at a tim
With the drafting pits it will give us great flexibility in trai
pumping as well.
d.This reduce the movement of equipment to multiple locations.
e.Current burn buildings around the area are busy due to multiple
hiring processes or classes going in so it causes many schedulin
problems and sometimes the buildings are not available, and we
must travel farther to another building.
4.Financial Benefit
a.The extra time our staff spends on transporting equipment to and
from the other burn buildings either takes away from other duties or
costs us overtime.
b.The travel time to and from training results in cost in overtime.
c.Decreases the amount of fuel used due to not having to travel al
time.
d.Decreases the wear and tear on vehicles and maintenance cost.
e.Decreases the chances for accidents while traveling
5.Overall Advantages
a.Decreases preparation time for class and allow the staff to focu
the class.
b.Gives us a much flexibility in our training programs
c.FCFRD on the average year would use the building for structural
burns 14 times. This does not include the numerous times the
department would use the building. For example, we would use the
building a minimum of 27 times in our current recruit school for
other drills besides live fire training.
125
d.In the past three years the FCFRD has not conducted shift burns due
to having to travel and the limited time that it affords us. We have
substituted other training in its place.
e.It would add a huge component to the training center that allows
multiple operations or classes to happen at the same time.
f.Decreases overtime cost that we have from travel time and
preparation time.
126
127
128
PUBLIC WORKS COMMITTEEREPORT to the BOARD OF SUPERVISORS
Tuesday, August 27, 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; Robert W.
Wells; Gene E. Fisher; Whitney Whit L. Wagner; and Harvey E. Ed Strawsnyder, Jr.
Committee Members Absent: none
Staff and others present: Joe C. Wilder, Director of Public Works; Kris Tierney, County
Administrator; Jay Tibbs, Deputy County Administrator, Gloria Puffinburger, Solid Waste
Manager; Ron Kimble, Landfill Manager; Rod Williams, County Attorney; Mike Stewart, Senior
Project Manager; Denny Linaburg, Fire and Rescue Chief; Mark Showers, Deputy Chief Fire
Marshal
Attachment 1 Agenda Packet
ITEM REQUIRING ACTON BY BOARD OF SUPERVISORS:
Fire and Rescue staff presented information related to the fire safety inspection fees. They
discussed revisions to the latest proposed fee schedule to reducs for small
businesses. They have determined they want to slowly expand the
include warehousing and industrial areas. There was a lot of discussion and questions from
the committee members. After some time, the committee indicated
the proposed fee schedule. Staff also provided some examples ofthe types of business in the
county and what the inspection fee would be.
Therefore, a motion was made by committee member Fisher to recomme
fee schedule and to forward it to the Board of Supervisors for consideration and ado
The motion was seconded by committee member Strawsnyder. The committee unanimously
approve the motion.
Attachment 2
ITEM FOR INFORMATION ONLY
1-Update on the recycling program for Frederick County
Staff provided an update for the committee on recycling. We have started hauling plastics to
Apple Valley Waste in Hagerstown, Maryland. We have switched re
compaction with the front-end trucks. Citizens appear to be pleased that we have been abl
to continue plastic recycling.
Our consultants, SCS Engineers is also continuing a study of other possibl
our landfill service area. This study should be completed by th
Northern Shenandoah Valley Regional Commission (NSVRC) is also p
129
study to look at different recycling options for the northern Sh
study should be complete in October 2019.
As we discussed with the committee, the recycling issues are chan
trying to be very flexible and looking at many different options so w
cost-effective recycling program. We will continue to update the Boa
administration.
Attachment 3
2-Update on Public Works Projects and request for proposal (RFP).
Staff provided updates on several on-going projects within the department:
Crossover Boulevard-The contractor continues to make progress on the project. They
a.
are currently doing grading work for the new road, installing storm sewer and working
on the center pier for the bridge. The current schedule has the
fall of 2021.
Replacement of the Albin Convenience Site (SFW-Old Bus Shop-Route 522 North)-Staff
b.
updated the committee that the site plan will be submitted for re very soon. Staff
also met with the school design team and they indicated they were good with the
plan. We will be taking the plan and working with on-call contractor, General
Excavation, Inc. (G.E.I.) to get cost estimates for performing thhave
those cost estimates at the September Public Works Committee Mee
Staff is advertising to procure an Architect to assist with the county office building
c.
space needs and design services. Frederick County recently purch
Plaza.
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 ____________________
Joe C. Wilder
Public Works Director
JCW/kco
Attachments: as stated
cc: Kris Tierney, County Administrator
Jay Tibbs, Deputy County Administrator
130
Ron Kimble, Landfill Manager
Gloria Puffinburger, Solid Waste Manager
Rod Williams, County Attorney
Denny Linaburg, Fire and Rescue Chief
Mark Showers, Deputy Chief Fire Marshal
file
131
MEMORANDUM
TO:
Public Works Committee
FROM:
Joe C. Wilder, Director of Public Works
SU
BJECT:
Meeting ofAugust 27, 2019
DATE:
August 21, 2019
There will be a meeting of the Public Works Committee on Tuesday, August 27, 2019 at
in the conference room located on the second floor of the north end of the County
8:00 a.m.
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.Update on Public Works projects and request for proposal (RFP).
3.Discuss fire safety inspection fees.
(Attachment 1)
4.Miscellaneous Reports and Documents:
a.Tonnage Report: Landfill
(Attachment 2)
b.Recycling Report
Attachment 3)
(
c.Animal Shelter Dog Report:
(Attachment 4)
d.Animal Shelter Cat Report
(Attachment 5)
e.ShawneelandSanitary District Advisor Committee quarterly meeting minutes
(Attachment 6)
JCW/kco
132
Attachments:as stated
107 North Kent Street, Second Floor, Suite 200 Winchester, Virginia 22601-5000
133
MEMORANDUM
TO:
Public Works Committee
FROM:
Joe C. Wilder, Director of Public Works
SUBJECT:
MonthlyTonnage Report -Fiscal Year 19/20
DATE:
August 21, 2019
The following is the tonnage for the months of July 2018through June 2020, and the average monthly tonnage for fiscal
years 03/04 through 19/20.
FY 03-04:AVERAGE PER MONTH:16,348 TONS (UP 1,164 TONS)
FY 04-05:AVERAGE PER MONTH: 17,029 TONS (UP 681 TONS)
FY 05-06:AVERAGE PER MONTH: 17,785TONS (UP 756 TONS)
FY 06-07:AVERAGE PER MONTH:16,705 TONS (DOWN 1,080 TONS)
FY 07-08:AVERAGE PER MONTH:13,904 TONS (DOWN 2,801 TONS)
FY 08-09:AVERAGE PER MONTH:13,316 TONS (DOWN 588 TONS)
FY 09-10:AVERAGE PER MONTH:12,219 TONS (DOWN 1,097 TONS)
FY 10-11:AVERAGE PER MONTH:12,184 TONS (DOWN 35 TONS)
FY 11-12:AVERAGE PER MONTH:12,013 TONS (DOWN 171 TONS)
FY 12-13:AVERAGE PER MONTH:12,065 TONS (UP 52 TONS)
FY 13-14:AVERAGE PER MONTH:12,468TONS (UP 403TONS)
FY 14-15:AVERAGE PER MONTH:13,133TONS(UP 665TONS)
FY 15-16:AVERAGE PER MONTH:13,984 TONS (UP 851 TONS)
FY 16-17:AVERAGE PER MONTH:14,507TONS(UP 523 TONS)
FY 17-18:AVERAGE PER MONTH:15,745TONS(UP1,238 TONS)
FY 18-19:AVERAGE PER MONTH:16,594 TONS(UP849TONS)
FY19-20:AVERAGE PER MONTH:17,956 TONS (UP 252 TONS)
MONTHFY 2018-2019FY 2019-1010
JULY
17,70417,956
AUGUST
18,543
SEPTEMBER
14,799
OCTOBER
18,158
NOVEMBER
15,404
DECEMBER
14,426
JANUARY
13,973
FEBRUARY
12,764
MARCH
17,079
APRIL
20,313
MAY
19,443
JUNE
16,519
JCW/gmp
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Shawneeland Sanitary District Advisory Committee
Minutes of May 6, 2019
The meeting was called to order at 7:00pm.
Those in attendance were Lynn Schmitt, Barry Vanmeter, Marianne Biviano, Jeff Stevens, Michelle
Springer, and 15 people in the audience. Kevin Alderman and Supervisor Gary Lofton were absent.
Lynn called for approval/correction of the February 4, 2019 meeting minutes. Lynn made a motion to
pass the minutes as written. Jeff seconded the motion. Motion passed unanimously.
In the absence of Kevin, Lynn reminded everyone about the Fishing Derby on Saturday,
May 11, 2019. There will be 406 fish delivered on May 10, 2019 No Fishing signs will be posted.
Cherokee Beach will be ready for the upcoming swimming season an
of the workday on May 23, 2019.
PATC (Potomac Appalachian Trail Club) Presentation:
Chris Mangold-Supervisor of Lands, Kristen Elowsky-VP of Volunteerism, and John Spies-
Tuscarora Pike Central District Manager gave information on the history and boundaries
Tuscarora Trail.
responsibility is. More information on the PATC and the Tuscarora Trail can be found at www.patc.net or
on the Tuscarora Trail Central District Facebook page.
A few questions that were asked:
IS map
the property does not run through the trail. Mr. Mangold plans t
will remain neutral.
It was asked what types of projects that local Eagle Scouts could assist with. Also, how
could the SSDAC organize a club to help volunteer? John Spies asked for the contact
information from the SSDAC committee member.
A resident asked if the access point of the trail that is locate
could be verified? The address for the access point is 199 Timber Ridge Tr
sign posted. It was asked if maybe a bigger sign would be more e
talk with the council about making a better access road. Anyone
access as well as use of the cabins and shelters.
Pavilion Reservations:
When a resident would like to reserve a pavilion, they need to contact Lynn or t
office. They will then be added to a calendar and sign a waiver for the usage of the pavilion. The waiver
can be obtained from Lynn or the Shawneeland office.
149
Hand Paint Day at the Bus Shelters:
A few parents have asked how we could make the bus shelters more colorwould like to
have a paint day to allow children of the community to put theirhandprintson the bus shelters. Maybe
a certain wall on the inside could be used for handprints but no on the outside. Could look at putting a
clear coat over handprints or designating a certain wall with ch
chalk. A concern was raised that by allowing the children to paint the
future vandalism.
A resident asked when it was decided to change the bus shelters? The decision was made awhile
ago due to the vandalism. The sea containers are anchored and virtually indestructible. It is the opinion
of the resident that the sea containers look like crap. You cannot see inside the shelter, maybe a light
could be installed for safety purposes.
Shawneeland is relaxing on appearance. The aesthetics are going downhill. The eye-catching
t the mail houses. The SSDAC will table
the idea for now and look at the options.
New Business:
promote the trail projects, then maybe they should divvy up moneds the road maintenance. Mr.
Mangold responded by saying that they do pay community fees, but he will check into it and get back to
the SSDAC. Lynn stated that Kevin is looking into a possible impbuilders to pay when they
damage the roads.
Open Forum:
It was brought to the attention of the SSDAC that this will be t
care of the flowers at the Rosenberger Lane entrance of Shawneel
volunteers to take over and asked Ruth to put it in her newsletter.
volunteers, then we may need to look at forming a committee.
Is the Fishing Derby for Shawneeland residents only? It is for S
guests. Everyone who fishes in Shawneeland needs to obtain a fishing pass from the
Shawneeland office. A guest does not need a Fishing Pass. Anyone of the necessary age limit
should obtain a VA State Fishing License.
Could we get the SSDAC minutes to the community sooner than wait
SSDAC meeting? We have talked about videotaping the meeting and uploading it
the county website. What is the timeframe? However long it takes
county.
The SSDAC must submit a formal letter to the Planning Departmento the
Conditional Use Permit (C.U.P.) that the Smiths have applied for
to the C.U.P., Jeff seconded the motion. The motion passed unani
A follow-up to the question asked at the last meeting about the Treasurernd speaking
at a meeting. Lynn said the Treasurer has no issue attending a future meeting.
Lynn made a motion to adjourn the meeting. Barry seconded the motion. Motion passed unanimously.
The meeting adjourned at 8:24pm.
150
Shawneeland Sanitary District Advisory Committee
Minutes of August 5, 2019
The meeting was called to order at 7:00pm.
Those in attendance were Lynn Schmitt, Barry Vanmeter, Jeff Stevens, Jimmy Smith, Kevin Alderman,
Michelle Springer, and 11 people in the audience. Marianne Biviano and Supervisor Gary Lofton were
absent.
Lynn called for approval/correction of the May 6, 2019 meeting minutes. Barry made a motion to pass
the minutes as written. Jeff seconded the motion. Motion passed unanimously.
Managers Report:
As of today, we are fully staffed. We have been short staffed fo
been numerous weeks that we only had 2 operators. Things have fa
can get things up and going again. The contractor G.E.I. (General Excavation Incorporated) has finished
all the repairs from the flooding that we had last year. The cul
so hopefully we wont have future issues in those locations. The
were starting to go bad. By doing that we should be able to get anothe
those pipes. G.E.I. also replaced the drain lines at the toe of
for 20 years and they were plugged up. The water can now drain away from the toe of the dam which is
extremely important for the security of the dam.
Mowing on the trails has suffered because of the staff shortage.
trails and will continue until it is complete.
The asphalt patching has suffered as well. We are out patching now. We completed a spot on
Dogwood Trail last week that we had received complaints about.
The beach was closed this morning due to testing extremely high
beach has tested well. The high-test results could be from the low lake level. The beach will st
until we get our next test results.
We have extended the parking lot at the bus stop on Maple Trail.
do but it will be ready by the time school starts.
We have the loader w/ the boom ax attachment out cutting back vegetation that has grown
over the last year. They are currently on Shawnee Trail and willto several trails so we can
get some of the vegetation under control.
Next month we will begin getting the equipment prepared for the winte
lot of chemicals leftover from last year.
New Business:
Update on the Smith property. The C.U.P. (Conditional Use Permit) was w
has been purchased by someone else.
Open Forum:
Follow-up on videotaping the meetings. The county will not provide any
the county YouTube channel. We are now looking into posting a video to YouTube ourselves or
151
doing a Facebook live video.
Is it possible for a citizen to get a copy of the Managers report? Kevial
report. The committee will look into it.
When will the Port-a-Potty be removed from the playground area on Tomahawk Trail? The
after Labor Day.
The cork on the bulletin board at the Bowman Mailhouse needs to be replaced. Would
to replace it? The committee is fine with Ruth replacing the cor
doesnt stay closed, is there a key? No one has a key to the bulletin board.
Follow-up on the FC Treasurer attending a SSDAC meeting. Emails have b
he will attend the next meeting.
Follow-up on whether the PATC pays the Sanitary District Fee. We have not heard back from
them; we will get in contact with them. If they are property owne
SSD Fee.
I feel so bad that the crew has to weed eat the dam. Is it possible to plant some vegetation? The
State of VA does not allow it. For the stabilization of the dam it must be grass and it cannot grow
over 8 inches. We do in most cases use inmates to help with the weed eating.
Was it G.E.I. or our crews responsibility to patch over the cul
patching, it would have cost twice as much to have G.E.I. do the job.
Is there anyway to protect the Maple Trail bus stop from the guy
parking lot? Could we put a gate up to prevent people from enter
when the office is open? We caught someone doing doughnuts in th
recently. The handi-cap bus uses the parking lot in the summer months so we cant cl
Is there a limit to how many houses can be built in Shawneeland?nly by the
lots themselves. If you can fit a well, drain field, and a house on a lot then it is buildable. A good
portion of the lots are not buildable.
Does the constant building and clearing of lots have an impact o
Are we continuing with the Butterfly sites? We had to do a swipe at Swan Lake due
concern for visibility. Are you going to allow the plants to reg
It is still a good environmental study. We could take the pods tants and spread
them in another area of Swan Lake and see what would happen.
Barry made a motion to adjourn the meeting. Jeff seconded the motion. Motion passed unanimously.
The meeting adjourned at 7:30pm.
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TRANSPORTATION COMMITTEE REPORT to the BOARD OF SUPERVISORS
Monday, August 26, 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), and Lewis Boyer (Liaison
Stephens City).
Committee Members Absent: Barry Schnoor (Voting) and Mark Davis (Liaison
Middletown).
Staff Present: Assistant Director-Transportation John Bishop, and Kathy Smith,
Secretary.
ITEMS FOR INFORMATION ONLY:
1-Brucetown Road (Rt.672)-Truck Restriction: Staff gave an overview of a Cs
related to Brucetown Road from the July 29, 2019 Transportation Committee meeting. Those
requests included the potential relocation of the Carmeuse entrance to Ro
restriction sign on the bridge over the Opequon Creek. Those items will require a s
Carmeuse with the additional investigation by VDOT. The other item the Citizen requested was
a restriction of through truck traffic on Brucetown Road. Staff gave the recorded
traffic count by VDOT for Brucetown Road as follows:
Route 11 to Quarry Lane: 2,700 AADT with 12% (324) 3 axle trucks and 6% (162) trucks
with trailers;
Quarry Lane to Sir Johns Road: 1,900 AADT with 2% (38) 3 axle tr
trailers;
Sir Johns Road to Rocky Ford Road: 1,400 AADT with 2% (28) 3 ax
with trailers;
Rocky Ford Road to Shady Creek Road: 870 AADT with 3% (26) 3 axl
trucks with trailers.
Staff reported that based on the count data, the most significant truck activity is from Quarry
Lane to Route 11, however, a truck restriction would only apply to through trucks, so a truck
restriction to Brucetown Road to Route 11 to the Clarke County L
significant majority of these vehicles. Also, truck restriction
alternative route. Staff would be concerned that while the proposed alternative
likely be Route 340 to Route 7, this would not stop trucks from traveling to other
secondary routes in Frederick County such as Old Charlestown Roa
1
156
Upon a motion by, Mr. Gary Oates and seconded by Mr. James Racey the Committee
recommended not to direct Staff to prepare an application packet for the Board of Supervisors.
The vote passed with Ms. Judith McCann -Slaughter against.
2-Armel Road (Route 642)-Speed Limit Reduction Request: Staff has received a resident
request to reduce the speed limit on Armel Road from the Clarke County line to Route 522. A
speed study was conducted in 2016 as requested by a resident and it was determined a speed
limit of 55 mph with warning signs in some locations where curva
limit continues to be a concern to the residents in the area. Staff reached out to VDOT and the
Office, they do not have an issue with the speed limit. Mr. Pinto, a resident, spoke of
the concern with the intersection of Armel Road and Kitchen Roadand requested it be changed
to a 3-way stop. Mr. Ed Carter of VDOT suggested having the Traffic Engineering Department
conduct and evaluate the potential 3-way stop. By consensus, the Committee agreed to have
VDOT move forward to evaluate the intersection at Armel Road and Kitchen Road for a 3-way
stop.
3-Transportation Forum: The Committee set the date of the Transportation Forum for Monday,
,
October 28 2019. Staff has heard back from most of the that can be in attendance that
evening. Staff is waiting for word from Congresswoman Wexton, The
Forum is planned to follow the same schedule as last year.
4-Planning Update: Recently, Staff attended a Long-Range Transportation Plan (VTrans)
Regional input session that was held at the George Washington Hotel. VTrans is a gate keeper
for the SmartScale funding program. Staff was able to voice their opinions on key concerns at
this input session that affect Frederick County in the rankings. The concerns are that
Communities across the State are being determined on needs with being ranked compared to
other more congested areas traffic issues. Staff will continue to address the concy
study the projects. Staff has been working with the Regional Commission MPO with updating
the Long-Range Vision list in reviewing projects and cleaning up the list.
5-County Projects Updates:
Crossover Boulevard aka Tevis Street Extension/Airport Road/I-81 Bridge: The notice to
proceed was issued to Perry Engineering on May 14, 2019. Construction is ongoing on the site
and Staff is establishing a website for citizens to review details of the projects and photos of
the progress.
Renaissance Drive: Staff has received the 30% design comments and is finalizing the MOU with
CSX for the at grade crossing.
Northern Y: Staff has meet with the private partners. Further discussion to come with the
private partners as they are still evaluating, if to continue with the project.
Jubal Early Drive Extension and Interchange with Route 37: No activity at this time.
2
157
6-Upcoming Agenda Items: SmartScale (ongoing discussion and development)
Transportation Forum
TBD: Oakdale Crossing Traffic Calming Study. VDOT will update the Committee at the next
meeting.
7-Other: Staff received a request from a Citizen to reduce the speed limit on Route 11 north of
Stephens City. Staff has forwarded the request to VDOT. Speed
by VDOT. The sample data shows that less than 3% are over at least 5 mph on the 55-mph speed
limit and that 30% are over more than 10 mph on the 45-mph speed limit. This was not a speed
study; the data will be Mr. Ed Carter of VDOT,
responded that the corridor will be reviewed to see if a more co
achieved.
3
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COUNTY of FREDERICK
Department of Planning and Development
540/ 665-5651
Fax: 540/ 665-6395
MEMORANDUM
TO:
Board of Supervisors
FROM:
John A. Bishop AICP, Deputy Director -Transportation
RE:
Revenue Sharing Application Support
DATE:
September 4, 2019
OnJuly 10, 2019 the Board of Supervisors authorized Staff to prepare an application for
Revenue Sharing funds to fully match the proffer funds available forthe Renaissance
Drive Extension.
The Revenue Sharing application isto obtain State matching funds for all the private
funds committed to the project.Line3 of the summary below notes the amount of
proffer dollars that are currently unmatched by State funds that this application will seek
match for.Staff notesthat 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.Currently Unmatched local funds: $527,671.46
4.Expenditures: $283,809.52
5.Remaining Funds: $3,521,390
Staffisseeking Board action onthe attached resolution ofsupportfor Revenue Sharing
forRenaissance Drive.
JAB/dlw
Attachments
164
107 North Kent Street, Suite 202 Winchester,Virginia 22601-5000
RESOLUTION #017-19
A RESOLUTION FORTHE BOARD OF SUPERVISORSOF
THE COUNTYOF FREDERICK, VIRGINIA
AS AN ENDORSEMENT OFTHE
RENAISSANCEDRIVE REVENUE SHARINGPROJECT
WHEREAS, in accordance with the Commonwealth Transportation Board construction allocation
procedures, it is necessary that a resolution be received from the sponsoring local jurisdiction or
agency requesting the Virginia Department of Transportation(VDOT)to establish a project in the
Countyof Frederick.
NOW, THEREFORE, BE IT RESOLVED, that the Countyof Frederickrequests the
Commonwealth Transportation Board to approve additional revenue sharing funds for
Renaissance Drive.
BE IT FURTHER RESOLVED THAT: TheCountyof Frederick hereby agrees to provide its
share of the total cost for preliminary engineering, right-of-way and construction of this project in
accordance with the project financial documents.
BE IT FURTHER RESOLVED THAT: TheCounty of Frederick hereby agrees to enter into a
project administration agreement with VDOTand provide the necessary oversight to ensure the
project is developed in accordance with all applicable federal, state and local requirements for
design, right-of-way acquisition, and construction of theproject.
BE IT FURTHER RESOLVED THAT: If theCountyof Frederick subsequently elects to cancel
the project,theCounty of Frederick hereby agrees to reimburse VDOT for the total amount of
costs expended by VDOT through the date VDOT is notified of such cancellation. TheCounty of
Frederick also agrees to repay any funds previously reimbursed that are later deemed ineligible by
the Federal Highway Administration or VDOT.
BE IT FURTHER RESOLVED THAT: TheBoardof Supervisorsof theCountyof Frederick
hereby grants authority for the CountyAdministratorto apply for funds and execute project
administration agreements, as well as other documents necessary for approved projects.
th
Adopted, this 11day of September 2019:
Attest:
Kris TierneyCharles S. DeHaven, Jr., BOS Chairman
Frederick County Administrator
165
In my capacity as theFrederick County Administrator, I hereby certify that Resolution #017-19
which is hereto attachedwas adopted at a duly called and constituted meeting of the Countyof
Frederickheld at 107 North Kent Street,Winchester,VA 22601on9/11/2019. Said meeting was
called to order byChairman DeHavenat7:00 p.m.with the following members present who
remained in attendance throughout and constituted a quorum:
Charles S. DeHaven, Jr., ChairmanGary A. Lofton
J. Douglas McCarthyJudith McCann-Slaughter
Shannon TroutBlaineP.Dunn
Robert W. Wells
TheBoardof Supervisorsof theCounty of Frederickvotedunanimouslyto adopt attached
Resolution #017-19.
Given under my hand this 11thday of September 2019.
Kris Tierney
Frederick County Administrator
166
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176
Fire Prevention Code
Fee Schedule
Frederick County Fire Marshal’s Office
Effective September 11, 2019
177
In 2012 the Frederick County Board of Supervisors adopted the Virginia Statewide Fire
Prevention Code and all future amendments in its entirety and renamed it the Frederick
County Fire Prevention Code(“Fire Prevention Code”).
Per Fire Prevention Code Section 107.13, the Board of Supervisorsmay establish a fee
schedulefor inspections under the Fire Prevention Code, with theschedule incorporating
unit rates, which may be based on square footage, cubic footage, estimated cost of
inspection or other appropriate criteria.
Per Fire Prevention Code Section 106.3, the Fire Marshal’s Office is authorized to
conduct fire and life safety inspections to determine the extent of compliancewith the
provisions of the Fire Prevention Code. Under that authority, the Fire Marshal’s Office
willconduct fire and life safety inspections annually at:
Daycare facilities
Nursing Homes
Public and Private Schools
Group Homes
Motels/Hotels
Restaurants
Gas Stations
Warehouses
Manufacturing/Processing
Places of Assembly
Mercantile/Businesses
Inspection Fees(based on square footage)
•$50-Businesses up to 5,000 sq. ft
•$100 -Businesses 5,001 sq. ft –20,000 sq. ft
•$200 -Businesses 20,001 sq. ft -100,000 sq. ft
•$300 -Businesses 100,001 sq. ft -250,000 sq. ft
•$400 -Businesses 250,001 sq. ft and above
Re-inspection fees shall be the same as original assessed fee.
Inspections being conducted on County owned buildings shall be exempt from fees.
Fees for placesof religious worship andfornon-profitorganizations will be $50,
regardless of the structure square footageon a parcel.
All inspection fees are the responsibilityof the occupant/tenant.
178
Operational Permits
The Fire Marshal’s Office issues operational permits,which are required for blasting,
explosive storage, sale of fireworks, aerial fireworks displays,commercial burning, food
trucks, and tents.
Fees:
Commercial Burning -$100 per site
Commercial Blasting -$200 per site
Explosive Storage -$200 first magazine, plus $100 per each additional magazine
on same site. (12-month permit)
Fireworks Outdoor Sales -$200
Fireworks Retail Sales -$200
Fireworks Aerial Displays -$200
Mobile Food Preparation Vehicles (Food Trucks) -$50 (12-month permit)
Tent(s) over 900 Sq. Ft. -$50 per tent
179
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COUNTY of FREDERICK
Jay E. Tibbs
Deputy County Administrator
540/665-5666
Fax 540/667-0370
E-mail:
jtibbs@fcva.us
TO: Board of Supervisors
FROM: Jay E. Tibbs., Deputy County Administrator
DATE: September 5, 2019
RE: Chief Elected Officials Consortium Agreement
Attached for the Boards consideration is an ordinance to provide for the implementation of the
Federal Workforce Innovation and Opportunity Act of 2014 and authorizing Frederick Countys
participation in the Shenandoah Valley Elected Officials Consortium under the auspices of the
Shenandoah Valley Workforce Development Board. The Board previously adopted versions of this
agreement in 2006, 2012, and 2015.
A recent administrative audit of the agreement identified several technical areas in which the
old/existing agreement was deficient (e.g. specific clauses that the Workforce Innovation and
Opportunity Act required to be in the agreement were omitted, etc.). The auditors required the
Shenandoah Valley Workforce Development Board to revise the agreement. The SVWBD retained
BotkinRose PLC to complete the revision.
The Workforce Innovation and Opportunity Act is a federally funded program. The money goes
into the state Community College System then to Page County who is identified as the Grant
Recipient. Page County serves as the fiscal agent and the funding is then provided to the SVWBD.
The Consortium of CEOs never possesses the money and no appropriations are required from the
localities.
It should be noted that, as a condition of the grant, the localities are financially responsible in the
event that a local workforce development board misuses funds received under this grant. In the
event that misuse occurred, each participating locality would be responsible on a pro rata basis for
the amount each locality benefitted from the grant programs assistance. It should also be pointed
out that the agreement requires the Consortium to ensure that the SVWDB purchase insurance to
cover any misuse of grant funds, which provides some protection to the localities. The SVWDB
does hold insurance coverage in excess of the amount of funding they receive as a way to alleviate
liability concerns of participating localities.
181
107 N-5000
Locally, the SVWDB provides oversight of the Winchester Virginia Career Works Center, which
funds training and employment services. From July 1, 2018-June 30, 2019, 102 individuals have
been enrolled in various programs, 4,270 individuals have gone to the center for employment
services and support, and 25 registered apprenticeships are funded through SVWDBs Valley 2
Virginia grant. The majority of the grant funds are used to provide training through Lord Fairfax
Community College.
Since June 30, 2019 $17,487 has been contributed to Frederick County companies through Valley 2
Virginia Registered Apprenticeship Initiative. They are working with 25 apprentices at 5 companies.
Because this agreement is to be enacted via an ordinance, a public hearid of
Supervisors is required. At the conclusion of the public hearing, staff is seeking Board action on the
proposed ordinance.
A representative from the Shenandoah Valley Workforce Development Board will be in attendance
to answer any questions the Board might have.
Should you have any questions, please do not hesitate to contact me.
Attachments
182
107 N-5000
AN ORDINANCE TO PROVIDE FOR THE IMPLEMENTATION OF THE FEDERAL
WORKFORCE INNOVATION AND OPPORTUNITY ACT OF 2014 AND
AUTHORIZING THE PARTICIPATION OF THE COUNTY OF FREDERICK,
VIRGINIA IN THE SHENANDOAH VALLEY CHIEF ELECTED OFFICIALS
CONSORTIUM UNDER THE AUSPICES OF THE SHENANDOAH VALLEY
WORKFORCE DEVELOPMENT BOARD, AND FOR OTHER RELATED PURPOSES
WHEREAS the federal Workforce Innovation and Opportunity Act of 2014 (Public Law
113-128, codified at 29 U.S.C. § 3101 et seq.) (Act), provides federal funding to states for
the delivery of workforce training and other services; and
WHEREAS among other thingsthe Act, together with implementing state law codified
at Virginia Code § 2.2-2470 et seq., requires the Governor to designate local workforce
development areas to deliver workforce development services within this Commonwealth; and
!´¦´²³ #®´³¸þ " ³§ #®´³¸þ ³§¤ #¨³¸ ®¥
WHEREAS the Governor has designated
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,
Virginia (the Member Jurisdictions) as the Area IV Workforce
Innovation and Opportunity Act Area; and
WHEREAS the Member Jurisdictions most recently entered an agreement effective July
1, 2015, to administer jointly the Workforce Innovation and Opportunity Act programs and have
operated such programs continuously; and
WHEREAS such programs have been conducted under the auspices of the Shenandoah
Valley Workforce Development Board, a Virginia non-Workforce
Development Board
provisions of Virginia Code § 2.2-2470 et seq; and
WHEREAS the Act delegates certain functions in connection with the governance of the
requires the Member Jurisdictions to enter into an agreement regarding the joint exercise of the
powers so delegated; and
WHEREAS Virginia Code § 15.2-1300 provides that local governments may enter into
agreements for joint or cooperative exercise of any power, privilege, or authority which each is
capable of exercising individually; and
WHEREAS the Member Jurisdictions desire to continue to recognize a joint entity under
the Act and, under Va. Code § 15.2-1300, jointly to exercise their powers through the Shenandoah
Valley Chief Elected Officials Consortium (the Consortium) under a new agreement among
the Member Jurisdictions; and
WHEREAS the Consortium will perform the duties incumbent on the Member
183
Jurisdictions individually under the Act; and
WHEREAS the continued existence and operation of a joint entity will permit the delivery
and oversight of workforce services in a manner that will help ensure accountability to the
governing bodies of the Member Jurisdictions and the efficient discharge of the responsibilities
of the Member Jurisdictions under the Act; and
WHEREAS these recitals are an integral part of this ordinance.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF SUPERVISORS OF THE
COUNTY OF FREDERICK, VIRGINIA to wit:
1. Authorization of Agreement. The Board of Supervisors hereby authorizes the
County of Frederick
Agreementich is
annexed and incorporated by reference as a part of this Ordinance.
2. Execution of Agreement. The Chairman is hereby authorized and directed to
execute and deliver the Agreement, and to take such other or further action as such official(s)
determine is necessary or convenient to implement the Agreement.
3. Repeal of Prior Ordinances/Agreement. This Ordinance supersedes any prior
ordinances or resolutions (if any) related to the July 1, 2015 agreement or creating a local joint
entity for the purpose of operating federally funded workforce training programs. The provisions
of the Agreement supersede the prior agreement regarding the consortium dated July 1, 2015.
4. Effective Date. This Ordinance shall take effect immediately.
APPROVED: __________________________________________
Kris C. Tierney, Clerk
184
CERTIFICATE OF VOTES
Record of the roll-call vote by the Board of Supervisors of the County of Frederick,
AN ORDINANCE TO PROVIDE FOR THE
Virginia, on the Ordinance entitled
IMPLEMENTATION OF THE FEDERAL WORKFORCE INNOVATION AND
OPPORTUNITY ACT OF 2014 AND AUTHORIZING THE PARTICIPATION OF
FREDERICK COUNTY, VIRGINIA IN THE SHENANDOAH VALLEY CHIEF
ELECTED OFFICIALS CONSORTIUM UNDER THE AUSPICES OF THE
SHENANDOAH VALLEY WORKFORCE DEVELOPMENT BOARD, AND FOR
OTHER RELATED PURPOSES
, adopted by the Board of Supervisors, by a roll-call vote at a
regular meeting held on Septemer 11, 2019, at which a quorum was present and acting and after a
public hearing thereof on the same date. The recorded roll-call vote of the Board of Supervisors
was as follows:
AYE NAY ABSTAIN ABSENT
Charles S. DeHaven, Jr.
Gary A. Lofton
Blaine P. Dunn
J. Douglas McCarthy
Judith McCann-Slaughter
Shannon G. Trout
Robert W. Wells
[SEAL]
Dated: ___________________ _________________________________________
Kris C. Tierney, County Administrator
County of Frederick, VA
185
SHENANDOAH VALLEY CHIEF ELECTED OFFICIALS
CONSORTIUM AGREEMENT
THIS CHIEF ELECTED OFFICIALS CONSORTIUM AGREEMENT (the
AgreementMay 1, 2019, is made by and among the
localities that execute this Agreement (the Localities
RECITALS:
A. The Workforce Innovation and Opportunity Act of 2014 (Public Law 113-128,
codified at 29 U.S.C. § 3100 et seqWIOAstatutory scheme designed to strengthen
and improve the nation's public workforce system and help get Americans, including youth and
those with significant barriers to employment, into high-quality jobs and careers and help
employers hire and retain skilled workers. The goal of WIOA, in colloquial terms, is to provide
job training in in-demand sectors and to match the newly-trained individuals with open job
positions.
B.
WDBsWIOA and that are authorized to
determine the mix of service provision, eligible providers, and types of training programs, among
other decisions. WDBs are a component of a demand-driven workforce training and development
system, in that such WDBs represent public-private partnerships but a majority of their members
must be representatives of businesses.
C.
SVWDBnonstock corporation organized and existing
under Virginia Code § 13.1-801 et sea.
-2470 et seq. Like other Virginia
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BODning
its affairs and designing its policies and programs. The SVWDB has the responsibility to lead the
development and implementation of workforce programs and services in the Shenandoah Valley
Local Workforce Development Area.
D. Pursuant to the articles of incorporation and the bylaws of the SVWDB, and,
moreover, pursuant to Section 107(c)(1)(b)(i) of WIOA (codified at 29 U.S.C. § 3122(c)(1)(b)(i)),
when more than one locality is under the jurisdiction of a WDB, the various localities under the
officials (I) in the appointment of the members of the local board [i.e., the BOD of the SVWDB]
from the individuals nominated or recommended to be such members in accordance with the
criteria established under subsection (b); and (II) in carrying out any other responsibilities assigned
to such officials under
E. The Localities enter into this Agreement with the intent of making an agreement as
described in 29 U.S.C. § 3122(c)(1)(b)(i) to provide procedures for the appointment of members
of the BOD of the SVWDB and to discharge the other responsibilities assigned to the chief elected
officials of the Localities under WIOA.
F. Virginia Code § 15.2-1303 empowers form and maintain
associations for the purpose of promoting, through investigation, discussion and cooperative effort,
the interest and welfare of the several political subdivisions of the Commonwealth, and to promote
a closer relation between the several political subdivisions of the Commonwealth
executing, and implementing this Agreement, the Localities exercise the powers granted to them
under Virginia Code § 15.2-
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G. Moreover, in addition to the municipal powers granted to the Localities as described
in Recital F above, Virginia Code § 15.2-1300 also empowers the Localities to exercise their
powers jointly by agreement, provided that such agreement meets certain criteria described in that
statute. The Localities intend for this Agreement to be an agreement contemplated under Virginia
Code § 15.2-1300 in order for the Localities to exercise, on a joint basis, the powers and
responsibilities of their chief elected officials under Virginia Code § 2.2-2472(H).
NOW, THEREFORE, the Localities agree as follows:
1. Creation of Consortium. The Localities hereby create an unincorporated
Consortiumse
allocated to the Localities Chief Elected Officials under WIOA, but no other powers, and shall
exercise its powers through the votes of its voting members or otherwise in accordance with its
bylaws.
2. Purpose of Consortium. The purpose of the Consortium shall be to plan, establish,
and operate a Local Workforce Development Area Areaand Workforce Development
Services Delivery System through the SVWDB according to the provisions of WIOA and the
regulations promulgated thereunder, together with any and all other subsequent and relevant
federal and Commonwealth of Virginia statutes, policies and interpretations.
3. Area to be Served. The Area to be served shall be known as the Shenandoah Valley
Workforce Development Area, shall be co-extensive with the area served by the SVWDB, and
shall include the jurisdictions of Augusta County, Bath County, the City of Buena Vista, Clarke
County, Frederick County, the City of Harrisonburg, Highland County, the City of Lexington,
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Page County, Rockbridge County, Rockingham County, Shenandoah County, the City of
Staunton, Warren County, the City of Waynesboro and the City of Winchester.
4. Structure, Duties, and Responsibilities of the Consortium.
(a) The voting members of the Consortium shall be the Chief Elected Official
of each Locality In Counties, the Chief
Elected Official shall be the Mayor. In the event of that the voting member of the Locality is to
be the designee of the CEO, rather than the CEO personally, each Locality may determine how
such designee is to be appointed and shall certify such appointment to the Consortium in writing.
Each Locality may also designate one or more alternates to serve as voting members of the
meeting of the Consortium; but no Locality shall be entitled to more than one voting member at
any meeting of the Consortium. In addition, the Chair of the BOD, or the Chair's duly appointed
designee, shall serve as a voting member of the Consortium.
(b) The term of office for a Consortium voting member or designee shall coincide with
the term of the CEO who serves on the Consortium or on whose behalf a designee serves on the
Consortium.
(c) The Consortium shall elect from its membership a Chair, a Vice-Chair and such
other officers as may be provided in the Consortium bylaws to serve for a term as prescribed in
the bylaws.
(d) Each voting member of the Consortium shall have one (1) vote.
(e) The Consortium shall hold meetings as prescribed in the bylaws. A quorum is
required for the Consortium to conduct business. A simple majority of the voting membership of
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the Consortium constitutes a quorum. The action of a simple majority of the members present and
voting at a meeting at which a quorum is present is the action of the Consortium.
5. Powers and Responsibilities of Consortium. The Consortium shall collectively
perform the following functions on behalf of the Localities, which functions are the responsibilities
delegated to Chief Elected Officials under WIOA:
(a) Designate one of the Localities to serve as local grant recipient for the WIOA funds,
(b) Designate the SVWDB to serve as fiscal agent for the Consortium. In its capacity
as the fiscal agent of the Consortium, the SVWDB shall perform the following functions:
(i) Receive funds;
(ii) Ensure sustained fiscal integrity and accountability for expenditures of
SVWDB funds in accordance with Office of Management and Budget circulars, WIOA and the
corresponding Federal Regulations and Commonwealth of Virginia policies;
(iii) Respond to audit financial findings;
(iv) Maintain proper accounting records and adequate documentation;
(v) Prepare financial reports;
(vi) Provide technical assistance to sub recipients regarding fiscal issues;
(vii) Procure contracts or obtain written agreements;
(viii) Conduct financial monitoring of service providers; and
(ix) Ensure independent audit of all employment and training programs.
(x)
(c) Designate the signatory authorities for the SVWDB fiscal agent to be the Chief
Executive Officer, Chief Financial Officer, and Operations Officer of the SVWDB.
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(d) Determine the composition of the Statement of Economic Interest required annually
from all members of the BOD of the SVWDB.
(e) Set policy for the local workforce development system in coordination with the
SVWDB;
(f) Collaborate with the SVWDB to provide oversight of local Youth, Adult and
Dislocated Worker programs and regional workforce development initiatives;
(g) Approve the annual local operating budget developed by the SVWDB;
(h) Perform other duties as may be prescribed from time to time for Chief Elected
Officials under the WIOA or Virginia law; and,
(i) Establish such bylaws and such other rules as it deems necessary to govern its
operations.
6. Joint Responsibilities. In addition, the Consortium may collaborate with the
SVWDB on the following initiatives, each of which shall be subject to the final approval of the
Consortium:
(a) A local strategic workforce plan;
(b) Selection of the One Stop Operator or a One-Stop Consortium;
(c) An annual local operating budget;
(d) Local performance measures for approval by the Governor;
(e) Candidates for a Youth Council to serve as a subgroup of the SVWDB; and
(f) A youth work plan.
7. Appointment of Directors to the BOD of the SVWDB. The BOD of the SVWDB
consists of both Jurisdictional Directors, who are appointed by the Localities to represent the
appointing Locality, and Non-Jurisdictional Directors, who are appointed by the Consortium as a
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whole. The Consortium shall receive SVWDB BOD nominations for non-Jurisdictional Directors
and shall make appointments of Non-Jurisdictional Directors to the BOD of the SVWDB. The
CEO of each Locality may appoint up to three Jurisdictional Directors to the BOD of the SVWDB.
Appointments of Jurisdictional Directors do not need approval of the Consortium. Appropriate
consideration should be given to diversity considerations when appointing members to the BOD
of the SVWDB to ensure racial, ethnic, and cultural diversity, as well as the diversity of individuals
with disabilities from labor markets within the Area. All appointments of both Jurisdictional
Directors and Non-Jurisdictional Directors shall be made in accordance with the requirements of
WIOA, as amended from time to time, and in accordance with the requirements contained in the
governing documents of the SVWDB and applicable law.
8. Misuse of Funds. When the SVWDB receives WIOA funds, the Commonwealth
Allocation
attributable to services provided to each Locality. As required under WIOA, each Locality shall
be responsible, on a pro rata basis in accordance with the Allocation, for any misuse of funds
received by the SVWDB under WIOA. Designation of a Locality or other entity as local grant
recipient or fiscal agent does not relieve any other Locality from liability for any misuse of WIOA
funds.
9. Insurance. The Consortium shall insure that the SVWDB procures and maintains
insurance sufficient to safeguard the Consortium and its voting members, the Localities, SVWDB
officers and members, and SVWDB employees from errors, omissions, and misuse of funds
received and held by the Consortium, its grant recipient, fiscal agent, and the SVWDB.
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10. Conflicts of Interest. Section 107(h) of WIOA (codified at 29 U.S.C. § 3122(h)
prohibits a member of the Consortium from voting on a matter under consideration by the
Consortium when:
(a) The matter concerns the provision of services by the member or by an entity that
the member represents; or
(b) The matter would provide direct financial benefit to the member or the Immediate
Family of the member; or
(c) The matter concerns any other activity determined by the Consortium to constitute
Conflict of Interest Act, and as specified under Virginia Workforce Development Board Policy
200-02 or SVWDB Policy OP 15-03.
daughter, mother, father, brother, brother-in-law, sister, sister-in-law, son-in-law, daughter-in-law,
mother-in-law, father-in-law, aunt, uncle, niece, nephew, grandson, granddaughter, grandparent,
stepparent, stepchild, or any person residing in the same household.
11. Confidentiality and Disclosure.
(a) All information, whether transmitted orally or in writing, that is of such a nature
that it is not, at that time, a matter of public record or public knowledge, is confidential. Members
shall not disclose confidential information obtained in the course of or by reason of
membership on the Consortium to any person or entity not directly involved with the business of
the Consortium.
(b) No member shall use confidential information obtained in the course of or by reason
of membership on the Consortium in any matter with intent to obtain financial gain
Immediate Family, or any business with which the member is
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associated. No member shall disclose confidential information obtained in the course of or by
reason of his/her membership on the Consortium in any manner with the intent to obtain financial
gain for any other person.
(c) Nothing in the foregoing provisions shall be construed to prevent any Locality from
FOIA
the extent that FOIA is applicable to the Consortium (if any at all), the Consortium shall comply
with FOIA.
12. Termination, New Members, Withdrawal, and Amendment.
(a) This Agreement shall be terminated upon the repeal of WIOA or successor
legislation pertaining to workforce development, or upon mutual consent of at least two-thirds
(2/3) of the voting members of the Consortium.
(b) A political subdivision of the Commonwealth of Virginia may petition the
Consortium for membership provided that such political subdivision is part of the Area (as
designated by the Governor in accordance with the provisions of WIOA). Upon approval of the
voting members of the Consortium, such political subdivision shall become a member of the
Consortium.
(c) Any Locality shall have the right to withdraw from the Consortium after providing
at least ninety (90) days written notification to the Consortium.
(d) This Agreement may be amended by unanimous consent of the Localities.
(e) Nothing in this Agreement shall be construed to waive any sovereign immunity to
which a Locality is entitled.
(f) The parties do not anticipate that the Consortium will have any property; rather,
WIOA funds are the property of the SVWDB. No Locality shall be obligated to make any
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appropriation under this Agreement except in the event that the SVWDB misuses funds that it
received under WIOA, and then only as described in paragraph 8 above and to the extent that
insurance or other funds are not otherwise available to make the repayments required under WIOA.
Upon the termination of this Agreement any property of the Consortium shall become the property
of the SVWDB.
13. Severability. If any of the provisions of this Agreement shall be found void or
unenforceable for whatever reason by any court of law or equity, it is expressly intended that such
provision(s) be severable and the remainder of the Agreement shall remain in force and effect.
14. Effective Date. This Agreement shall become effective upon full execution by each
Locality and remain in effect for five years from the effective date. Should changes to this
Agreement be required prior to the conclusion of the five year effective period, the document will
be updated for compliance with federal and state regulations and presented to the Consortium and
to the Localities for consideration and renewal.
15. Counterparts. This Agreement may be executed in one or more counterparts, each
of which shall be valid as an original. It is not necessary that each Locality execute each
counterpart, so long as each Locality has executed at least one counterpart. Facsimile or scanned
signatures shall be valid as originals.
This product was created using 100% of federal U. S. Department of Labor Employment and Training Administration
Workforce Innovation and Opportunity Act (WIOA) award of $1,621,682 (#AA-32183-18-55-A-51) made to Page
County on behalf of the Shenandoah Valley Workforce Development Area by the pass-through entity, the Virginia
Community College System. No costs of this product were financed by nongovernmental sources. The information
contained herein does not necessarily reflect the official position of the U.S. Department of Labor. The Department
of Labor makes no guarantees, warranties, or assurances of any kind, express or implied, with respect to such
information, including any information on linked sites and including, but not limited to, accuracy of the information
or its completeness, timeliness, usefulness, adequacy, continued availability, or ownership.
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[signatures to follow on subsequent pages]
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IN WITNESS WHEREOF each Locality has caused this Agreement to be executed in its
name and on its behalf by its duly authorized agent:
AUGUSTA COUNTY, VIRGINIA
By_____________________________________(SEAL)
______________________________(Printed Name)
Its: ___________________________(Title)
COMMONWEALTH OF VIRGINIA,
CITY/COUNTY OF ________________________, to-wit:
The foregoing instrument was acknowledged before me in the jurisdiction aforesaid this
____ day of _____________, 2019, by ________________________________________,
____________________________________ for Augusta County, Virginia.
My commission expires: .
My registration number is: .
___________________________________
Notary Public
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BATH COUNTY, VIRGINIA
By_____________________________________(SEAL)
______________________________(Printed Name)
Its: ___________________________(Title)
COMMONWEALTH OF VIRGINIA,
CITY/COUNTY OF ________________________, to-wit:
The foregoing instrument was acknowledged before me in the jurisdiction aforesaid this
____ day of _____________, 2019, by ________________________________________,
____________________________________ for Bath County, Virginia.
My commission expires: .
My registration number is: .
___________________________________
Notary Public
198
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CITY OF BUENA VISTA, VIRGINIA
By_____________________________________(SEAL)
______________________________(Printed Name)
Its: ___________________________(Title)
COMMONWEALTH OF VIRGINIA,
CITY/COUNTY OF ________________________, to-wit:
The foregoing instrument was acknowledged before me in the jurisdiction aforesaid this
____ day of _____________, 2019, by ________________________________________,
____________________________________ for the City of Buena Vista, Virginia.
My commission expires: .
My registration number is: .
___________________________________
Notary Public
199
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CLARKE COUNTY, VIRGINIA
By_____________________________________(SEAL)
______________________________(Printed Name)
Its: ___________________________(Title)
COMMONWEALTH OF VIRGINIA,
CITY/COUNTY OF ________________________, to-wit:
The foregoing instrument was acknowledged before me in the jurisdiction aforesaid this
____ day of _____________, 2019, by ________________________________________,
____________________________________ for Clarke County, Virginia.
My commission expires: .
My registration number is: .
___________________________________
Notary Public
200
Page 15 of 27
FREDERICK COUNTY, VIRGINIA
By_____________________________________(SEAL)
______________________________(Printed Name)
Its: ___________________________(Title)
COMMONWEALTH OF VIRGINIA,
CITY/COUNTY OF ________________________, to-wit:
The foregoing instrument was acknowledged before me in the jurisdiction aforesaid this
____ day of _____________, 2019, by ________________________________________,
____________________________________ for Frederick County, Virginia.
My commission expires: .
My registration number is: .
___________________________________
Notary Public
201
Page 16 of 27
CITY OF HARRISONBURG, VIRGINIA
By_____________________________________(SEAL)
______________________________(Printed Name)
Its: ___________________________(Title)
COMMONWEALTH OF VIRGINIA,
CITY/COUNTY OF ________________________, to-wit:
The foregoing instrument was acknowledged before me in the jurisdiction aforesaid this
____ day of _____________, 2019, by ________________________________________,
____________________________________ for the City of Harrisonburg, Virginia.
My commission expires: .
My registration number is: .
___________________________________
Notary Public
202
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HIGHLAND COUNTY, VIRGINIA
By_____________________________________(SEAL)
______________________________(Printed Name)
Its: ___________________________(Title)
COMMONWEALTH OF VIRGINIA,
CITY/COUNTY OF ________________________, to-wit:
The foregoing instrument was acknowledged before me in the jurisdiction aforesaid this
____ day of _____________, 2019, by ________________________________________,
____________________________________ for Highland County, Virginia.
My commission expires: .
My registration number is: .
___________________________________
Notary Public
203
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CITY OF LEXINGTON, VIRGINIA
By_____________________________________(SEAL)
______________________________(Printed Name)
Its: ___________________________(Title)
COMMONWEALTH OF VIRGINIA,
CITY/COUNTY OF ________________________, to-wit:
The foregoing instrument was acknowledged before me in the jurisdiction aforesaid this
____ day of _____________, 2019, by ________________________________________,
____________________________________ for the City of Lexington, Virginia.
My commission expires: .
My registration number is: .
___________________________________
Notary Public
204
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PAGE COUNTY, VIRGINIA
By_____________________________________(SEAL)
______________________________(Printed Name)
Its: ___________________________(Title)
COMMONWEALTH OF VIRGINIA,
CITY/COUNTY OF ________________________, to-wit:
The foregoing instrument was acknowledged before me in the jurisdiction aforesaid this
____ day of _____________, 2019, by ________________________________________,
____________________________________ for Page County, Virginia.
My commission expires: .
My registration number is: .
___________________________________
Notary Public
205
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ROCKBRIDGE COUNTY, VIRGINIA
By_____________________________________(SEAL)
______________________________(Printed Name)
Its: ___________________________(Title)
COMMONWEALTH OF VIRGINIA,
CITY/COUNTY OF ________________________, to-wit:
The foregoing instrument was acknowledged before me in the jurisdiction aforesaid this
____ day of _____________, 2019, by ________________________________________,
____________________________________ for Rockbridge County, Virginia.
My commission expires: .
My registration number is: .
___________________________________
Notary Public
206
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ROCKINGHAM COUNTY, VIRGINIA
By_____________________________________(SEAL)
______________________________(Printed Name)
Its: ___________________________(Title)
COMMONWEALTH OF VIRGINIA,
CITY/COUNTY OF ________________________, to-wit:
The foregoing instrument was acknowledged before me in the jurisdiction aforesaid this
____ day of _____________, 2019, by ________________________________________,
____________________________________ for Rockingham County, Virginia.
My commission expires: .
My registration number is: .
___________________________________
Notary Public
207
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SHENANDOAH COUNTY, VIRGINIA
By_____________________________________(SEAL)
______________________________(Printed Name)
Its: ___________________________(Title)
COMMONWEALTH OF VIRGINIA,
CITY/COUNTY OF ________________________, to-wit:
The foregoing instrument was acknowledged before me in the jurisdiction aforesaid this
____ day of _____________, 2019, by ________________________________________,
____________________________________ for Shenandoah County, Virginia.
My commission expires: .
My registration number is: .
___________________________________
Notary Public
208
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CITY OF STAUNTON, VIRGINIA
By_____________________________________(SEAL)
______________________________(Printed Name)
Its: ___________________________(Title)
COMMONWEALTH OF VIRGINIA,
CITY/COUNTY OF ________________________, to-wit:
The foregoing instrument was acknowledged before me in the jurisdiction aforesaid this
____ day of _____________, 2019, by ________________________________________,
____________________________________ for City of Staunton, Virginia.
My commission expires: .
My registration number is: .
___________________________________
Notary Public
209
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WARREN COUNTY, VIRGINIA
By_____________________________________(SEAL)
______________________________(Printed Name)
Its: ___________________________(Title)
COMMONWEALTH OF VIRGINIA,
CITY/COUNTY OF ________________________, to-wit:
The foregoing instrument was acknowledged before me in the jurisdiction aforesaid this
____ day of _____________, 2019, by ________________________________________,
____________________________________ for Warren County, Virginia.
My commission expires: .
My registration number is: .
___________________________________
Notary Public
210
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CITY OF WAYNESBORO, VIRGINIA
By_____________________________________(SEAL)
______________________________(Printed Name)
Its: ___________________________(Title)
COMMONWEALTH OF VIRGINIA,
CITY/COUNTY OF ________________________, to-wit:
The foregoing instrument was acknowledged before me in the jurisdiction aforesaid this
____ day of _____________, 2019, by ________________________________________,
____________________________________ for the City of Waynesboro, Virginia.
My commission expires: .
My registration number is: .
___________________________________
Notary Public
211
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CITY OF WINCHESTER, VIRGINIA
By_____________________________________(SEAL)
______________________________(Printed Name)
Its: ___________________________(Title)
COMMONWEALTH OF VIRGINIA,
CITY/COUNTY OF ________________________, to-wit:
The foregoing instrument was acknowledged before me in the jurisdiction aforesaid this
____ day of _____________, 2019, by ________________________________________,
____________________________________ for the City of Winchester, Virginia.
My commission expires: .
My registration number is: .
___________________________________
Notary Public
212
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213
CONDITIONAL USE PERMIT #06-19
Landfall Lodge - Special Event Facility
Staff Report for the Board of Supervisors
Prepared: August 29, 2019
Staff Contact: M. Tyler Klein, AICP, Senior Planner
This report is prepared by the Frederick County Planning Staff to provide information to the
Planning Commission and the Board of Supervisors to assist them in making a decision on
this request. It may also be useful to others interested in this zoning matter.
Reviewed Action
Planning Commission:
08/07/19 Public Hearing Held; Recommended
Approval
Board of Supervisors:
09/11/19 Pending
EXECUTIVE SUMMARY:
This is a request for a Conditional Use Permit (CUP) for a special event facility in the RA (Rural
Areas) Zoning District. Should the Board of Supervisors find this application for a special event
facility to be appropriate, the Planning Commission recommends that the following conditions
be attached to the CUP:
1. All review agency comments shall be complied with at all times.
2. An illustrative sketch plan, in accordance with the requirements of Article VIII of the
Fredrick County Zoning Ordinance, shall be submitted to and approved by Frederick
County prior to the establishment of the use.
3.Building permits are required for any new building or structures.
4. Special events shall start no earlier than 8 a.m. and all events and related activities
shall
conclude by midnight.
5.Special events may accommodate up to and not to exceed 250 persons.
6.Only the main entrance driveway associated with the address 350 Chestnut Grove
Road, shall be open to special event traffic. All other entrances to the property should be
gated for private/residential/agricultural traffic only.
7.One (1) monument style sign with a maximum sign area not to exceed 50 square feet (SF)
and not to exceed 10 feet (FT) in height is permitted.
8.Any expansion or modification of this use will require the approval of a new CUP.
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.
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August 29, 2019
LOCATION:
The subject properties are located .6 miles off Route 522 North (North Frederick
Pike) onto Route 681 (Chestnut Grove Road).
MAGISTERIAL DISTRICT:
Gainesboro
PROPERTY ID NUMBERS:
30-A-50 and 30-A-50D
PROPERTY ZONING & PRESENT USE:
Zoned: RA (Rural Areas)
Land Use: Residential/Agricultural
ADJOINING PROPERTY ZONING & PRESENT USE:
North: RA (Rural Areas) Use: Residential (single-family detached)
South: RA (Rural Areas) Use: Residential (SFD)
East: RA (Rural Areas) Use: Vacant/Agricultural
West: RA (Rural Areas) Use: Residential (SFD)/Agricultural
PROPOSED USE:
This is a request for a Conditional Use Permit (CUP) to enable the establishment of a
special event center for weddings, business meetings, birthday parties, showers, reunions, charity
events, and other similar type events.
REVIEW EVALUATIONS:
Virginia Department of Transportation:
The application for a Conditional Use Permit for this
property appears to have no measurable impact on Route 681, the VDOT facility which would
provide access to the property. The existing entrance is adequate for proposed use. However,
should use ever expand in the future, the entrance may have to be upgraded to VDOT
commercial standards.
See original comment email dated July 10, 2019.
Frederick County Inspections:
Conditional Use Permit for use of existing structures associated
with an operational farm for events.
2015 Virginia Construction Code exempts-
Farm buildings and structures, except for a building or a portion of a building located on a farm
that is operated as a restaurant as defined in Section 35.1.1 of the Code of Virginia and licensed
as such by the Virginia Board of Health pursuant to Chap 2 (Section 35.1-11 et seq.) of Title
35.1 of the Code of Virginia. However, farm buildings and structures lying within a flood plain
or in a mudslide prone area shall be subject to floodproofing regulations or mudslide regulations
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August 29, 2019
as applicable (USBC Sec 102.3) - Farm Buildings or Structure. A building or structure not used
for residential purposes, located on property where farming operations take place and used
primarily or any of the following uses or combination thereof.
1. Storage, handling, production, display, sampling or sale of agricultural, horticultural,
floricultural or silvicultural products produced in the farm.
2.Sheltering, raising, handling, processing or sale of agricultural animals or agricultural
animal products.
3.Business or office uses relating to the farm operations.
4.Use of farm machinery or equipment or maintenance or storage of vehicles, machinery or
equipment on the farm.
5.Storage or use of supplies and materials used on the farm.
6.Implementation of best management practices associated with farm operations.
See original comment letter dated April 18, 2019.
Winchester-Frederick County Health Department:
This Health Department has reviewed the
request for comments for issuing a Conditional Use Permit for operating a proposed Special
Event Facility located at Landfall Farm, 350 Chestnut Grove Rd., Winchester, VA 22603; Tax
Map #30-A-50 & 50D. Information provided by the Applicant indicates that the facility was
open to the public in 2018, hosting six weddings with an average of 70 guest each. Additional
venues are scheduled for 2019. The Applicant anticipates that guest at any one event will
thth
average about 50-125. The operating season will occur April 15 through November 15. The
Applicant states that meals will not be prepared on-site, but that food will be provided by
caterers. No dishwashing will take place on premises, as caterers will remove all dishes form
premises when event is over and carry back to their permitted facilities for washing. In addition,
Applicant states that portable toilets will be used for larger events. However, during a phone
conversation the Applicant says that he intends to work toward working with the private sector
(OSE or PE) to locate an on-site sewage disposal system that will serve the sewage disposal
needs of the proposed facility. Applicant is welcomed to contact this Health Department at (540)
722-3480 about any part of this correspondence.
See original comment letter dated April 18, 2019.
Frederick County Fire Marshall:
Approve.
CUP approved provided that all structures/buildings/facilities that fall within the scope of this
CUP comply with the Frederick County Fire Prevention Code unless
structures/buildings/facilities have an Agricultural Exception from the Frederick County
Building Official.
See original comment letter dated April 24, 2019.
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August 29, 2019
Historic Resources Advisory Board:
Approve.
See comment letter dated April 11, 2019.
Planning and Zoning:
This application for a Conditional Use Permit (CUP) to permit the establishment of a special
event facility for private events such as weddings or other similar type events (birthday parties,
charity events, family reunions, etc.). A special event facility is a permitted use in the RA (Rural
Areas) Zoning District with an approved CU event
a facility or site utilized for events that are typically conducted on a single day, but
which may be conducted for up to three consecutive days, for which attendance is permitted only
by invitation or reservation; special events include, but are not limited to, meetings, conferences,
banquets, dinners, weddings and private parties.
The proposed use will take place on a 188-acre property consisting of two (2) parcels, which
includes a single-family detached residence and detached structures including a barn and cottage.
The property also includes two (2) ponds, Hogue Creek frontage, and 150-wooded acres
protected in a conservation easement. The application notes the property is a working farm and
timber operation. The Applicants also reside on the premise in the single-family detached
residence.
The special event center will be accessed via the main entrance to the property (addressed 350
Chestnut Grove Road), all other entrances to the property are private and not open to special
event traffic to minimize impacts to private driveways and adjoining residences. Portable
restroom facilities will also be provided for special events. The Applicant states there is a
catering kitchen for use during special events (warming and cooling for prepared food only).
The property is surrounded by RA (Rural Areas) zoned property, which includes open space,
agricultural uses, and single-family detached residences. The 2035 Comprehensive Policy Plan
of Frederick County and is to
remain agricultural in nature and is not part of any land use study. The Board of Supervisors
tional use list for the Co
District in 2017 to support additional opportunities for agribusiness and agritourism. The
proposed use is consistent with the goals and strategies expressed in the 2035 Comprehensive
Plan and the surrounding properties.
STAFF CONCLUSIONS FOR THE 08/07/19 PLANNING COMMISSION MEETING:
This is a request for a Conditional Use Permit (CUP) for a special event facility in the RA (Rural
Areas) Zoning District. Should the Planning Commission find this application for a special event
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CUP #06-19, Landfall Lodge Special Event Facility
August 29, 2019
facility to be appropriate, Staff recommends that the following conditions be attached to the
CUP:
1.All review agency comments shall be complied with at all times.
2. An illustrative sketch plan, in accordance with the requirements of Article VIII of the
Fredrick County Zoning Ordinance, shall be submitted to and approved by Frederick
County prior to the establishment of the use.
3.Building permits are required for any new building or structures.
4. Special events shall start no earlier than 8 a.m. and all events and related activities
shall
conclude by midnight.
5.Special events may accommodate up to and not to exceed 250 persons.
6.Only the entrancedriveway associated with the address 350 Chestnut Grove
Road, shall be open to special event traffic. All other entrances to the property should be
restricted for private/residential/agricultural traffic only.
7.One (1) monument style sign with a maximum sign area not to exceed 50 square feet (SF)
and not to exceed 10 feet (FT) in height is permitted.
8.Any expansion or modification of this use will require the approval of a new CUP.
PLANNING COMMISSION SUMMARY AND ACTION FOR THE 08/07/19 MEETING:
The Planning Commission held a public hearing on the proposed Conditional Use Permit (CUP)
on August 7, 2019. Planning Staff provided an overview of the proposed use (special event
facility) and property located at 350 Chestnut Grove Road, noting the property was
approximately 188-acres of which 150-acres was protected in a conservation easement. Staff
noted that the Applicant had agreed to restrict the entrances for use during special events and that
only to the main entrance for 350 Chestnut Grove Road would serve for access to special event
traffic. Staff noted that the Applicant further agreed to restrict the other entrances to the
property for private/agricultural use.
Mr. Lowell Henderson, the Applicant, came forward to give a brief overview of the requested
CUP. Mr. Henderson stated his goal is to ensure that continued revenue opportunities for his
children and generations to come offset the significant cost to maintain the property. After
several charity and family events they were approached by friends about renting the barn for
other functions. Mr. Henderson specifically spoke to the concerns raised regarding access to the
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CUP #06-19, Landfall Lodge Special Event Facility
August 29, 2019
property, and that he agreed with the restriction to only the main entrance for special events.
Two (2) members of the public spoke in opposition to the CUP application, citing concerns with
traffic passing in front of their property along the shared private entrance with the special event
facility.
Two (2) members of the public spoke in support of the CUP application, noting the charity
events benefits the local community.
The Planning Commission discussed the proposal, and asked the Applicant if he would consider
a modification to Condition #6 to physically restrict traffic to the main entrance and all other
entrances be gated and locked during events. The Applicant agreed to the proposed change to
the Conditions of Approval.
The Planning Commission unanimously (Commissioner Thomas absent) recommended approval
for CUP #06-19 for Landfall Lodge, submitted for a special event facility.
EXECUTIVE SUMMARY AND PLANNING COMMISSION RECOMMENDATION
FOR THE 09/11/19 MEETING:
This is a request for a Conditional Use Permit (CUP) for a special event facility in the RA (Rural
Areas) Zoning District. Should the Board of Supervisors find this application for a special event
facility to be appropriate, the Planning Commission recommends that the following conditions
be attached to the CUP:
1. All review agency comments shall be complied with at all times.
2. An illustrative sketch plan, in accordance with the requirements of Article VIII of the
Fredrick County Zoning Ordinance, shall be submitted to and approved by Frederick
County prior to the establishment of the use.
3.Building permits are required for any new building or structures.
4. Special events shall start no earlier than 8 a.m. and all events and related activities
shall
conclude by midnight.
5.Special events may accommodate up to and not to exceed 250 persons.
6.Only the main entrance driveway associated with the address 350 Chestnut Grove
Road, shall be open to special event traffic. All other entrances to the property should be
gated for private/residential/agricultural traffic only.
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CUP #06-19, Landfall Lodge Special Event Facility
August 29, 2019
7.One (1) monument style sign with a maximum sign area not to exceed 50 square feet (SF)
and not to exceed 10 feet (FT) in height is permitted.
8.Any expansion or modification of this use will require the approval of a new CUP.
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.
220
CHESTNUTHUNTING
MYERS LN
674
CUP # 06 - 19: Landfall Lodge
260
GROVE RDRIDGE RD
263
CHESTNUT
MYERS LN
MYERS LN
GROVE RD
PINs: 30 - A - 50, 30 - A - 50D
339
MYERS LN
Special Event Facility
581
581
Zoning Map
CHESTNUT
CHESTNUT
GROVE RD
GROVE RD
520
CHESTNUT
GROVE RD
520
356
CHESTNUT
MYERS LN
520
GROVE RD
443
CHESTNUT
CHESTNUT
GROVE RD
GROVE RD
488
488
575
404
CHESTNUT
CHESTNUT
CHESTNUT
MYERS LN
GROVE RD
GROVE RD
GROVE RD
415
492
CHESTNUT
422
CHESTNUT
GROVE RD
MYERS LN
GROVE RD
333
CHESTNUT
GROVE RD
CUP #06-19
30 A 50D
4600
301
321
N FREDERICK
CUP #06-19
CHESTNUT
CHESTNUT
PIKE
314
GROVE RD
GROVE RD
CHESTNUT
278
30 A 50
GROVE RD
CHESTNUT
297
GROVE RD
CHESTNUT
279
GROVE RD
4598
CHESTNUT
238
236
N FREDERICK
GROVE RD
CHESTNUT
CHESTNUT
PIKE
GROVE RD
201GROVE RD
CHESTNUT
243
GROVE RD
4608
CHESTNUT
N FREDERICK
GROVE RD
4570
PIKE
N FREDERICK222
177
240
PIKE
CHESTNUT
CHESTNUT
CHESTNUT
4580
GROVE RD
GROVE RD
GROVE RD
N FREDERICK
4508
198
PIKE
N FREDERICK
4564
CHESTNUT
4502
PIKE
N FREDERICK
GROVE RD
178
N FREDERICK
PIKE
CHESTNUT
4544
PIKE
GROVE RD
N FREDERICK
£
¤
220
139
PIKE
522
CHESTNUT
CHESTNUT
4651
146
GROVE RD
GROVE RD
N FREDERICK
CHESTNUT
331
PIKE
GROVE RD
4502
HUNTING
N FREDERICK
104
RIDGE RD
4523
PIKE
CHESTNUT
N FREDERICK
GROVE RD
PIKE
106
CHESTNUT
GROVE RD
4493
329
N FREDERICK
HUNTING
PIKE
RIDGE RD
327
HUNTING
180
RIDGE RD
4242
QUIET
N FREDERICK
216
MEADOW LN
4323
PIKE
QUIET
N FREDERICK
£
¤
MEADOW LN
522
366
PIKE
328
QUIET4048
QUIET
MEADOW LN
N FREDERICK
MEADOW LN
329
Gainesboro
PIKE
£
¤
HUNTING
366
4309 522
RIDGE RD
QUIET
N FREDERICK
492
MEADOW LN
PIKE
3906
QUIET
151
N FREDERICK
MEADOW LN
HUNTING
PIKE
RIDGE RD
µ
Application
Parcels
221
Frederick County Planning & Development
107 N Kent St
Winchester, VA 22601
540 - 665 - 5651
0487.59751,950Feet
Map Created: July 12, 2019
CHESTNUTHUNTING
MYERS LN
674
CUP # 06 - 19: Landfall Lodge
260
GROVE RDRIDGE RD
263
CHESTNUT
MYERS LN
MYERS LN
GROVE RD
PINs: 30 - A - 50, 30 - A - 50D
339
MYERS LN
Special Event Facility
581
581
Location Map
CHESTNUT
CHESTNUT
GROVE RD
GROVE RD
520
CHESTNUT
GROVE RD
520
356
CHESTNUT
MYERS LN
520
GROVE RD
443
CHESTNUT
CHESTNUT
GROVE RD
GROVE RD
488
488
575
404
CHESTNUT
CHESTNUT
CHESTNUT
MYERS LN
GROVE RD
GROVE RD
GROVE RD
415
492
CHESTNUT
422
CHESTNUT
GROVE RD
MYERS LN
GROVE RD
333
CHESTNUT
GROVE RD
CUP #06-19
30 A 50D
4600
301
321
N FREDERICK
CUP #06-19
CHESTNUT
CHESTNUT
PIKE
314
GROVE RD
GROVE RD
CHESTNUT
278
30 A 50
GROVE RD
CHESTNUT
297
GROVE RD
CHESTNUT
279
GROVE RD
4598
CHESTNUT
238
236
N FREDERICK
GROVE RD
CHESTNUT
CHESTNUT
PIKE
GROVE RD
201GROVE RD
CHESTNUT
243
GROVE RD
4608
CHESTNUT
N FREDERICK
GROVE RD
4570
PIKE
N FREDERICK222
177
240
PIKE
CHESTNUT
CHESTNUT
CHESTNUT
4580
GROVE RD
GROVE RD
GROVE RD
N FREDERICK
4508
198
PIKE
N FREDERICK
4564
CHESTNUT
4502
PIKE
N FREDERICK
GROVE RD
178
N FREDERICK
PIKE
CHESTNUT
4544
PIKE
GROVE RD
N FREDERICK
£
¤
220
139
PIKE
522
CHESTNUT
CHESTNUT
4651
146
GROVE RD
GROVE RD
N FREDERICK
CHESTNUT
331
PIKE
GROVE RD
4502
HUNTING
N FREDERICK
104
RIDGE RD
4523
PIKE
CHESTNUT
N FREDERICK
GROVE RD
PIKE
106
CHESTNUT
GROVE RD
4493
329
N FREDERICK
HUNTING
PIKE
RIDGE RD
327
HUNTING
180
RIDGE RD
4242
QUIET
N FREDERICK
216
MEADOW LN
4323
PIKE
QUIET
N FREDERICK
£
¤
MEADOW LN
522
366
PIKE
328
QUIET4048
QUIET
MEADOW LN
N FREDERICK
MEADOW LN
329
Gainesboro
PIKE
£
¤
HUNTING
366
4309 522
RIDGE RD
QUIET
N FREDERICK
492
MEADOW LN
PIKE
3906
QUIET
151
N FREDERICK
MEADOW LN
HUNTING
PIKE
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Application
Parcels
222
Frederick County Planning & Development
107 N Kent St
Winchester, VA 22601
540 - 665 - 5651
0487.59751,950Feet
Map Created: July 12, 2019
223
224
225
226
227
228
229
230
231
232
233
234
235
236
237
238
239
240
241
242
243
244
245
ORDINANCE
______________________________
Action:
PLANNING COMMISSION: August 7, 2019 Recommended Approval
BOARD OF SUPERVISORS: September 11, 2019
ORDINANCE
CONDITIONAL USE PERMIT #06-19
LANDFALL LODGE - SPECIAL EVENT FACILITY
WHEREAS, Conditional Use Permit #06-19 for Landfall Lodge,
submitted by Lowell
Henderson and Dr. Audrea Wynn for a Special Event Facility was considered. The subject
properties are located .6 miles off Route 522 North (North Frederick Pike) onto Route 681
(Chestnut Grove Road), Winchester, Virginia and are further identified with Property
Identification Numbers 30-A-50 and 30-A-50D, in the Gainesboro District; and,
WHEREAS,
the Frederick County Planning Commission held a public hearing on the
Conditional Use Permit on August 7, 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 September 11, 2019; and,
WHEREAS,
the Frederick County Board of Supervisors finds the approval of this
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 #06-19 for a Special
Event Facility on the parcels identified by Property Identification Numbers 30-A-50 and
30-A-50D with the following conditions:
1.All review agency comments shall be complied with at all times.
246
PDRes #16-19 1
2.An illustrative sketch plan, in accordance with the requirements of Article VIII of
the Frederick County Zoning Ordinance, shall be submitted to and approved by
Frederick County prior to the establishment of the use.
3.Building permits are required for any new building or structures.
4.Special events shall start no earlier than 8 a.m. and all events and related activities
shall conclude by midnight.
5.Special events may accommodate up to and not to exceed 250 persons.
6.Only the main entrance driveway associated with the address 350 Chestnut
Grove Road, shall be open to special event traffic. All other entrances to the
property should be gated for private/residential/agricultural traffic only.
7.One (1) monument style sign with a maximum sign area not to exceed 50 square
feet (SF) and not to exceed 10 feet (FT) in height is permitted.
8.Any expansion or modification of this use will require the approval of a new
CUP.
Passed this 11th day of September 2019 by the following recorded vote:
Charles S. DeHaven, Jr., Chairman Gary A. Lofton
J. Douglas McCarthy Judith McCann-Slaughter
Shannon G. Trout Blaine P. Dunn
Robert W. Wells
A COPY ATTEST
__________________________
Kris C. Tierney
Frederick County Administrator
247
PDRes #16-19 2
248
REZONING APPLICATION #02-19
CB VENTURES, LLC.
Staff Report for the Board of Supervisors
Prepared: August 30, 2019
Staff Contact: Candice E. Perkins, AICP, CZA, Assistant Director
Reviewed Action
Planning Commission:
08/07/19 Public Hearing Held; Recommended
Approval
Board of Supervisors:
09/11/19 Pending
PROPOSAL:
To rezone 1.04+/- acres from the B2 (General Business) District to the B3 (Industrial
Transition) District with proffers. The subject property was rezoned from the B3 District to the B2 District
in 2016 with the approval of Rezoning #05-16.
LOCATION:
The subject property is located at the south side of Martinsburg Pike (Route 11) and the
northeast side of Amoco Lane (Route 839) at the southwest quadrant of Interstate 81.
EXECUTIVE SUMMARY & STAFF CONCLUSION FOR THE 09/11/19 BOARD OF
SUPERVISORS MEETING:
This is an application to rezone 1.04+/- acres from the B2 (General Business) District to the B3 (Industrial
Transition) District with proffers. The subject property was rezoned from the B3 District to the B2 District
in 2016 with the approval of Rezoning #05-16. The site is located within the limits of the Northeast Land
Use Plan of the 2035 Comprehensive Plan and depicts the subject property with commercial land use
designation. The existing B2 Zoning as well as the requested B3 Zoning are consistent with the
.
Comprehensive Plan The Planning Commission did not identify any concerns with the request and
recommended approval of the application at their August 7, 2019 meeting.
The proffers associated with this rezoning request are as follows:
Proffer Statement
Dated June 25, 2019:
A)Land Use Restrictions: - The Applicant has proffered to prohibit the following uses:
Truck Stops
Drive-in Motion Picture Theaters
Golf Driving Ranges and Miniature Golf Course
Fire and Rescue Stations
Tractor Truck and Tractor Trailer Parking
*Staff Note: The Applicant has removed the proffer that prohibited the construction of metal buildings
on the site. This proffer still applies to the remainder of the site rezoned with Rezoning #05-16.
B)Transportation Enhancements:
1)The Applicant has proffered to design and construct improvements to Amoco Lane
within the existing right-of-way to include pavement mill and overlay to the
existing centerline from the limits of the pavement mill and overlay improvements
249
performed by Parcel 43-A-48 (Sheetz property); and for the installation of curb and
gutter along the frontage of the Property to the limits of the southeastern most
Rezoning #02-19 CB VENTURES, LLC.
August 30, 2019
Page 2
commercial entrance serving the Property that is developed along Amoco Lane.
These improvements will be designed and constructed by the Owner concurrent
with the development of the first approved Site Development Plan for the Property
and will be completed prior to the issuance of the first Certificate of Occupancy
Permit associated with the Property.
2)The Applicant has proffered to provide inter-parcel connection to Parcel 43-A-48E
that will continue into the Property from the limits of the inter-parcel connection
stub within the 30ingress/egress easement on the adjoining properties. This
improvement will be designed and constructed by the Owner concurrent with the
development of the Site Development Plan for the Property and will be completed
prior to the issuance of the Certificate of Occupancy Permit associated with this Site
Development Plan.
*Staff Note: The Applicant has removed the proffer pertaining to the construction of a pump station with
a SCADA System. This proffer still applies to the remainder of the site rezoned with Rezoning #05-16.
C)Off-Site Residential Buffer: The Owner hereby proffers to provide a landscape buffer on
the properties fronting along Amoco Lane (Route 839) that are improved as residential
land use if desired by the individual off-site owners. The Owner shall provide a letter to
each property owner within 30 days of final approval for the first Site Plan proposed for
the Property, which advises of the Owners offer to pay the cost for the installation of a
single row of evergreen trees that are a minimum of four feet in height and planted on 10-
foot centers in a location acceptable to each property owner. The letter will require the off-
site property owners to respond in writing within 90 days of receipt of the letter advising
the Owner of the desire to have the landscape buffer installed within a landscape easement
provided on the off-site property. The Owner shall install the proffered landscape buffer
during the next appropriate planting season and shall be responsible for the replacement of
any trees that does not survive for a period of one year from the date of installation.
D)Monetary Contributions to Offset Impact of Development. A monetary contribution of
$0.10 per developed building square foot for County Fire and Rescue Services.
Following the required public hearing, a decision regarding this rezoning 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.
250
Rezoning #02-19 CB VENTURES, LLC.
August 30, 2019
Page 3
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
application. It may also be useful to others interested in this zoning matter. Unresolved issues
concerning this application are noted by Staff where relevant throughout this staff report.
Reviewed Action
Planning Commission:
08/07/19 Public Hearing Held; Recommend
Approval
Board of Supervisors:
09/11/19 Pending
PROPOSAL:
To rezone 1.04+/- acres from the B2 (General Business) District to the B3 (Industrial
Transition) District with proffers. The subject property was rezoned from the B3 District to the B2 District
in 2016 with the approval of Rezoning #05-16.
LOCATION:
The subject property is located at the south side of Martinsburg Pike (Route 11) and the
northeast side of Amoco Lane (Route 839) at the southwest quadrant of Interstate 81 (Exit 317).
MAGISTERIAL DISTRICT:
Stonewall
PROPERTY ID NUMBER:
43-A-48E
PROPERTY ZONING
: B2 (General Business) District
PRESENT USE:
Vacant
ADJOINING PROPERTY ZONING & PRESENT USE:
North: B2 (General Business) District Use: Commercial
South: B2 (General Business) District Use: Commercial & Residential
East: M1 (Light Industrial) District Use: Industrial & Interstate 81
West: B2 (General Business) District Use: Commercial
251
Rezoning #02-19 CB VENTURES, LLC.
August 30, 2019
Page 4
REVIEW EVALUATIONS:
Virginia Dept. of Transportation:
A VDOT review has been conducted on the CB Ventures, LLC
Commercial Rezoning received May 29, 2019. The rezoning of this 1.04+/- acre parcel from B2, Business
General District, with proffers to establish 1.04+/- acre of B3, Industrial Transition District with proffers,
has the potential to create less traffic. Also, existing proffers are not changing. Therefore, since there is no
negative impact on the current transportation system, VDOT has no objections to this rezoning.
Frederick -Winchester Service Authority
: FWSA defers comments to Frederick Water.
Frederick Water:
Please see letter from Eric R. Lawrence, AICP, Executive Director dated June 18,
2019.
Frederick County Department of Public Works:
We offer no comments at this time.
Frederick County Fire Marshall:
Plan approved.
Frederick County Attorney:
ised proffer statement dated June 25, 2019, and it
resolves my previous comments.
Planning & Zoning:
2)Site History
The subject property was rezoned from the B3 District to the B2 District in 2016 with the approval
of Rezoning #05-16.
3)Comprehensive Plan
The 2035 Comprehensive Plan is the guide for the future growth of Frederick County.
The 2035 Comprehensive Plan is an official public document that serves as the Community's guide
for making decisions regarding development, preservation, public facilities and other key
components of Community life. The primary goal of this plan is to protect and improve the living
environment within Frederick County. It is in essence a composition of policies used to plan for the
future physical development of Frederick County.
The Area Plans, Appendix I of the 2035 Comprehensive Plan, are the primary implementation tool
and will be instrumental to the future planning efforts of the County.
Land Use
The site is located within the limits of the Northeast Land Use Plan of the 2035 Comprehensive Plan
and depicts the subject property with commercial land use designation. The existing B2 Zoning as
well as the requested B3 Zoning are consistent with the Comprehensive Plan.
3) Proffer Statement
Dated June 25, 2019:
252
A)Land Use Restrictions: - The Applicant has proffered to prohibit the following uses:
Rezoning #02-19 CB VENTURES, LLC.
August 30, 2019
Page 5
Truck Stops
Drive-in Motion Picture Theaters
Golf Driving Ranges and Miniature Golf Course
Fire and Rescue Stations
Tractor Truck and Tractor Trailer Parking
*Staff Note: The Applicant has removed the proffer that prohibited the construction of metal buildings
on the site. This proffer still applies to the remainder of the site rezoned with Rezoning #05-16.
B)Transportation Enhancements:
1)The Applicant has proffered to design and construct improvements to Amoco Lane
within the existing right-of-way to include pavement mill and overlay to the
existing centerline from the limits of the pavement mill and overlay improvements
performed by Parcel 43-A-48 (Sheetz Property); and for the installation of curb and
gutter along the frontage of the Property to the limits of the southeastern most
commercial entrance serving the Property that is developed along Amoco Lane.
These improvements will be designed and constructed by the Owner concurrent
with the development of the first approved Site Development Plan for the property
and will be completed prior to the issuance of the first Certificate of Occupancy
Permit associated with the Property.
2)The Applicant has proffered to provide inter-parcel connection to Parcel 43-A-48E
that will continue into the Property from the limits of the inter-parcel connection
stub within the 30ingress/egress easement on the adjoining properties. This
improvement will be designed and constructed by the Owner concurrent with the
development of the Site Development Plan for the Property and will be completed
prior to the issuance of the Certificate of Occupancy Permit associated with this Site
Development Plan.
*Staff Note: The Applicant has removed the proffer pertaining to the construction of a pump station with
a SCADA System. This proffer still applies to the remainder of the site rezoned with Rezoning #05-16.
C)Off-Site Residential Buffer: The Owner hereby proffers to provide a landscape buffer on
the properties fronting along Amoco Lane (Route 839) that are improved as residential
land use if desired by the individual off site owners. The Owner shall provide a letter to
each property owner within 30 days of final approval for the first Site Plan proposed for
the Property, which advises of the Owners offer to pay the cost for the installation of a
single row of evergreen trees that are a minimum of four feet in height and planted on 10-
foot centers in a location acceptable to each property owner. The letter will require the off-
site property owners to respond in writing within 90 days of receipt of the letter advising
the Owner of the desire to have the landscape buffer installed within a landscape easement
provided on the off-site property. The Owner shall install the proffered landscape buffer
during the next appropriate planting season and shall be responsible for the replacement of
any trees that does not survive for a period of one year from the date of installation.
253
D)Monetary Contributions to Offset Impact of Development. A monetary contribution of
$0.10 per developed building square foot for County Fire and Rescue Services.
Rezoning #02-19 CB VENTURES, LLC.
August 30, 2019
Page 6
PLANNING COMMISSION SUMMARY AND ACTION FROM THE 08/07/19 MEETING:
Staff reported this application is to rezone 1.04+/- acres from the B2 (General Business) District to the B3
(Industrial Transition) District with proffers. Staff then provided an overview of the proffers offered with
the rezoning.
Mr. Evan Wyatt of Greenway Engineering representing the Applicant highlighted Rezoning #02-19. Mr.
Wyatt noted that construction is underway at the property with an approved site plan. The Applicant is
putting in the onsite structures and improvements on Amoco Lane with a gravity sewer lane with approval
from Frederick Water. Mr. Wyatt noted, the reason for the rezoning is the Applicant has a potential buyer
+/-
for 1.04 acres for the use of a tire & battery facility which is not allowable use in B3 District. Mr. Wyatt
continued; the Applicant has a carryover proffer request for residents of Amoco Lane to request landscaping
on their property; to date three (3) landowners have contacted the Applicant to have the improvements done
that will take place in the Fall of 2019.
There were no public comments during the public hearing and the Planning Commission recommended
approval of the rezoning application.
A recommendation regarding this rezoning application to the Board of Supervisors would be
appropriate. The Applicant should be prepared to adequately address all concerns raised by the
Board of Supervisors.
254
REZ # 02 - 19: CB Ventures, LLC
PIN: 43 - A - 48E
1601
MARTINSBURG
Rezoning from B2 to B3
PIKE
Zoning Map
1593
MARTINSBURG
PIKE
§
¨¦
81
£
¤
11
REZ #02-19
43 A 48E
1574
MARTINSBURG
PIKE
§
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£
¤
81
11
165
AMOCO LN
¬
«
37
§
¨¦
81
140
¬
«
37
AMOCO LN
µ
Application
Parcels
B2 (General Business District)
255
Frederick County Planning & Development
107 N Kent St
Winchester, VA 22601
540 - 665 - 5651
050100200Feet
Map Created: July 8, 2019
REZ # 02 - 19: CB Ventures, LLC
PIN: 43 - A - 48E
1601
MARTINSBURG
Rezoning from B2 to B3
PIKE
Location Map
1593
MARTINSBURG
PIKE
§
¨¦
81
£
¤
11
REZ #02-19
43 A 48E
1574
MARTINSBURG
PIKE
§
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£
¤
81
11
165
AMOCO LN
¬
«
37
§
¨¦
81
140
¬
«
37
AMOCO LN
µ
Application
Parcels
256
Frederick County Planning & Development
107 N Kent St
Winchester, VA 22601
540 - 665 - 5651
050100200Feet
Map Created: July 8, 2019
REZ # 02 - 19: CB Ventures, LLC
PIN: 43 - A - 48E
1601
MARTINSBURG
Rezoning from B2 to B3
PIKE
Long Range Land Use Map
1593
MARTINSBURG
PIKE
§
¨¦
81
£
¤
11
REZ #02-19
Application
43 A 48E
Parcels
Long Range Land Use
Residential
Neighborhood Village
Urban Center
Mobile Home Community
Business
Highway Commercial
Mixed-Use
1574
Mixed Use Commercial/Office
MARTINSBURG
Mixed Use Industrial/Office
PIKE
Industrial
Warehouse
Heavy Industrial
Extractive Mining
Commercial Rec
Rural Community Center
Fire & Rescue
Sensitive Natural Areas
Institutional
Planned Unit Development
Park
Recreation
School
Employment
§
¨¦
Airport Support Area
£
¤
81
11
B2 / B3
165
Residential, 4 u/a
AMOCO LN
High-Density Residential, 6 u/a
¬
«
37
High-Density Residential, 12-16 u/a
§
¨¦
81
140
Rural Area
¬
«
37
AMOCO LN
Interstate Buffer
µ
Landfill Support Area
Natural Resources & Recreation
Environmental & Recreational Resources
257
Frederick County Planning & Development
107 N Kent St
Winchester, VA 22601
540 - 665 - 5651
050100200Feet
Map Created: July 8, 2019
258
259
260
261
262
ORDINANCE
Action:
PLANNING COMMISSION: August 7, 2019 Public Hearing Held, Recommended Approval
BOARD OF SUPERVISORS: September 11, 2019 Pending
ORDINANCE AMENDING
THE ZONING DISTRICT MAP
REZONING #02-19 CB VENTURES, LLC
WHEREASREZONING #02-19 CB Ventures, LLC,
, was submitted by Greenway Engineering, Inc. to
rezone 1.04+/- acres from the B2 (General Business) District to the B3 (Industrial Transition) District with
proffers with a final revision date of June 25, 2019. The subject property is located at the south side of
Martinsburg Pike (Route 11), the northeast side of Amoco Lane (Route 839), and at the southwest quadrant of
Interstate 81, in the Stonewall Magisterial District, and is identified by Property Identification No. 43-A-48E;
and
WHEREAS,
the Planning Commission held a public hearing on this rezoning on August 7, 2019 and
recommended approval; and
WHEREAS
, the Board of Supervisors held a public hearing on this rezoning on September 11, 2019;
and
WHEREAS
, the Frederick County Board of Supervisors finds the approval of this rezoning to be in the
best interest of the public health, safety, welfare, and in conformance with the Comprehensive 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 rezone 1.04+/- acres from the B2 (General
Business) District to the B3 (Industrial Transition) District with proffers with a final revision date of June
25, 2019. The conditions voluntarily proffered in writing by the Applicant and the Property Owner are
attached.
th
This ordinance shall be in effect on the date of adoption. Passed this 11 day of September 2019 by the
following recorded vote:
Charles S. DeHaven, Jr., Chairman Gary A. Lofton
J. Douglas McCarthy Robert W. Wells
Shannon G. Trout Judith McCann-Slaughter
Blaine P. Dunn
A COPY ATTEST
_________________________________
Kris C. Tierney, Frederick County Administrator
263
PDRes. #17-19
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266
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269
CB VENTURES, LLC
COMMERCIAL DEVELOPMENT
IMPACT ANALYSIS STATEMENT
Tax Parcel 43-A-48E
Stonewall Magisterial District
Frederick County, Virginia
May 10, 2019
Current Owner: CB Ventures, LLC
Contact Person: Evan Wyatt, Director of Land Planning
Greenway Engineering, Inc.
151 Windy Hill Lane
Winchester, VA 22602
540-662-4185
270
Greenway Engineering May 10, 2019 CB Ventures, LLC Commercial Rezoning
CB VENTURES, LLC
COMMERCIAL DEVELOPMENT
IMPACT ANALYSIS STATEMENT
INTRODUCTION
This report has been prepared for the purpose of assessing the impact on Fredrick County by
the proffered rezoning of a 1.04±-acre subject property owned by CB Ventures LLC and
identified as Tax Parcel 43-A-48E. The subject property is located in the southwest quadrant
of Interstate 81 Exit 317, on the south side of Martinsburg Pike (U.S. Route 11) and the
northwest side of Amoco Lane (Rt. 839).
Tax Map Parcel 43-A-48E is currently zoned B-2, Business General District with proffers.
The Owner proposes to rezone the 1.04±-acre subject property to B-3, Business Industrial
Transition District with proffers to allow for the development of the 1.04±-acre subject as an
automotive tire and battery service facility. The County Planning Department identifies this
type of facility under SIC Major Group 75 Automotive Repair, Services, and Parking;
therefore, the rezoning of the subject property from the B-2, Business General District to the
B-3, Business Industrial Transition District is required to allow for this land use on the
subject property.
Basic information
Location: Fronting on the south side of Martinsburg Pike (U.S.
Route 11) and the west side of Interstate 81, at the
southwest quadrant of Interstate 81 Exit 317.
Magisterial District: Stonewall District
Property ID Numbers: 43-A-48E
Current Zoning: B-2, Business General District with proffers
Current Use: Undeveloped
Proposed Zoning: B-3, Industrial Transition District with proffers
Proposed Use: Automotive Tire and Battery Service Facility
Total Rezoning Area: 1.04±-acres with proffers
271
File #2022C Impact Statement/JRM 2
Greenway Engineering May 10, 2019 CB Ventures, LLC Commercial Rezoning
COMPREHENSIVE POLICY PLAN
Urban Development Area
The Urban Development Area (UDA) defines the general area in which residential,
commercial, industrial and institutional land use development is encouraged in the County.
The 1.04±-acre subject property is currently located within the UDA; therefore, expansion of
the UDA boundary to accommodate the proposed development of an automotive tire and
battery service facility or other commercial land uses is not required for this rezoning
application.
Sewer and Water Service Area
The Sewer and Water Service Area (SWSA) is generally consistent with the UDA, but also
extends outside of the UDA to accommodate areas of the County in which commercial and
industrial land use development is only desired. The 1.04±-acre subject property is currently
located within the SWSA; therefore, expansion of the SWSA boundary to accommodate the
proposed development of an automotive tire and battery service facility or other commercial
land uses is not required for this rezoning application.
Comprehensive Plan Conformity
The 1.04±-acre subject property is located in the UDA and the SWSA and is within the study
area boundary of the Northeast Frederick Land Use Plan. The Northeast Frederick Land Use
Plan is a large-area plan that identifies land uses, transportation networks, and other matters
that are recommended for consideration for future land use and development within this
geographic area of the County. The 1.04±-acre subject property is identified for business
land use; therefore, the proposed B-3, Business Industrial Transition District rezoning to
accommodate the proposed development of an automotive tire and battery service facility or
other commercial land uses is in conformance with the Comprehensive Policy Plan.
SUITABILITY OF THE SITE
Access
The 1.04±-acre subject property is located on the south side of Martinsburg Pike (U.S. Route
11), adjacent to the Interstate 81 Exit 317 interchange.Access to the subject property will be
provided through internal private service drives through adjoining properties that will allow
for traffic to utilize the existing right in/right out commercial entrance along Martinsburg
Pike (U.S. Route 11) and the existing full access commercial entrances along Amoco Lane
(Route 839) that will allow for protected left-turn movements at the signalized intersection
with Martinsburg Pike. Inter-parcel ingress and egress is permitted through easements
identified in section(s) 3.3, 3.4, and 3.5(e), and 3.6 of
272
File #2022C Impact Statement/JRM 3
Greenway Engineering May 10, 2019 CB Ventures, LLC Commercial Rezoning
Flood Plains
The 1.04±-acre subject property does not contain areas of floodplain as demonstrated on
FEMA NFIP Map #51069C0209D, Effective Date September 2, 2009.
Wetlands
The 1.04±-acre subject property does not contain wetland areas as demonstrated on the
National Wetlands Inventory (NWI) Map information or from information identified in the
Frederick County GIS Database.
Soil Types
The 1.04±-acre subject property contains one soil type as demonstrated by the Soil Survey of
Frederick County, Virginia and the Frederick County GIS Database. The following soil type
is present on site:
32B Oaklet Silt Loams 2-7% slope
The Oaklet Silt Loam is identified as a prime agricultural soil and has high shrink/swell
properties. The subject property has the same soil type as adjoining parcels that are
developed or are currently being developed. The site soil type is conducive for commercial
development of the subject property.
Other Environmental Features
The 1.04±-acre subject property does not contain areas of steep slope, lakes or ponds or
natural stormwater retention areas as defined by the Frederick County Zoning Ordinance.
The subject property is located in the geographic portion of the County that is underlain by
karst geology. Frederick County has reviewed and approved SP #07-17 for the entirety of
the Owners parcels owned which includes the 1.04±-acre subject property. The Owner has
obtained a Land Disturbance Permit from Frederick County and is currently performing
major infrastructure improvements. No development issues specific to the karst geology
have been encountered during current construction activities. There are no known
environmental features present that create development constraints for the proposed
commercial development project.
SURROUNDING PROPERTIES
Adjoining property zoning and present use:
North: B-2, Business General District Use: Hotel and Restaurant
South: B-2, Business General District Use: Unimproved
273
File #2022C Impact Statement/JRM 4
Greenway Engineering May 10, 2019 CB Ventures, LLC Commercial Rezoning
East: M-1, Light Industrial District Use: Unimproved
(across Interstate 81)
West: B-2, Business General District Use: Convenience Store
TRANSPORTATION
The 1.04±-acre subject property was a portion of the 4.98± acres owned by CB Ventures,
LLC that was rezoned by the Frederick County Board of Supervisors on July 27, 2016 to the
B-2, General Business District with proffers (RZ #05-16). Subsequent to this approval,
Greenway Engineering processed Site Plan #07-17 for the 4.98± acres owned by CB
Ventures, LLC which was approved by the County on June 20, 2017. Construction has
commenced for the on-site and off-site improvements identified on the approved site plan.
The approved proffer statement specific to RZ #05-16 Applicant provided for two
transportation enhancements which included the installation of curb and gutter along the
property frontage along Amoco Lane (Route 839); milling and overlay asphalt improvements
to the Amoco Lane centerline; and for inter-parcel connections to adjoining properties. Site
Plan #07-17 provided for all applicable transportation enhancements identified in the proffer
statement specific to RZ #05-16 and the Owner has obtained a Land Disturbance Permit from
Frederick County and is currently performing major infrastructure improvements that
includes the installation of curb and gutter and milling/overlay work on Amoco Lane. The
inter-parcel connection to the adjoining property that will provide access to the 1.04±-acre
subject property is intended to be installed during the development of this parcel. Therefore,
the proffer statement prepared for the proposed rezoning maintains this proffer from the
previous rezoning application and does not include the previous proffer associated with the
Amoco Lane improvements as these improvements are currently under construction.
The proposed rezoning of the 1.04±-acre subject property to the B-3, Industrial Transition
District is to allow for the development of an automotive tire and battery service facility. The
Owner is not proffering this as a specific use for the subject property; therefore, Greenway
Engineering has analyzed uses permitted in the B-3 District that are not otherwise permitted
in the B-2 District to determine what use represents the greatest impact on traffic generation.
Of those potential land uses, the Automotive Repair; Services, and P 75), was
determined to have the highest potential traffic generation impact.
th
The ITE Manual of Trip Generation, 9
identifies a Saturday Peak Hour of Generation of 6.61 per 1,000 sq. feet of gross
floor area, as the greatest traffic generation factor for this land use. It is anticipated that the
proposed automotive tire and battery service facility will be approximately 6,500 square feet,
which would yield approximately 43 peak hour trips. This traffic generation would be less
than permitted land uses in the B-2 District that the subject parcel is currently zoned;
therefore, the proposed rezoning does not create additional traffic impacts than were
determined to be mitigated under the previous rezoning application.
274
File #2022C Impact Statement/JRM 5
Greenway Engineering May 10, 2019 CB Ventures, LLC Commercial Rezoning
SEWAGE CONVEYANCE AND TREATMENT
The 1.04±-acre subject property is located within the Sewer and Water Service Area
(SWSA); therefore, the property is entitled to be served by public sewer based on County
Policy. Frederick Water (FW) is the provider of public sewer service within this area of the
County but does not currently have sewer infrastructure within, or adjacent to the subject
property. The subject property was part of RZ #05-16 that was rezoned by the Board of
Supervisors on July 27, 2016. FW issued a letter dated March 23, 2016 in conjunction with
RZ #05-16 advising that there was adequate capacity at the Opequon Wastewater Treatment
Facility to accommodate the 22,000 gpd proposed sanitary flows projected for the buildout of
the 4.98±- acre project and the Red Bud Pump Station could accommodate the added flows
from this project. However, FW advised that sewer conveyance for the 4.98±- acre project
could potentially be challenged due to nearby sewer force main capacities.
Greenway Engineering worked with FW to determine the appropriate approach for the
development of sewer infrastructure to provide sewer service for the 4.98± acre project and
for the properties along Amoco Lane (Route 839). In accordance with the proffer statement
approved July 1, 2016 (RZ #05-16), Greenway Engineering submitted a public improvement
plan, for a new pump station, with a SCADA system, to be located at the terminus of Amoco
Lane that was approved by FW. Through additional coordination with FW, it was determined
that a more mutually beneficial plan was available, and that sewer capacity for the overall
project could be obtained through gravity sewer line to an existing
sewer manhole located near the rail spur serving the Kingspan facility.
Greenway Engineering has designed a gravity sewer system that collects effluent from the
4.98± acre project area (which includes the 1.04± acre subject property proposed for
rezoning) that has been sized to allow for off-site land uses to connect to this system. The
gravity sewer system design includes the sewer collection system within the subject project
and along the Amoco Lane frontage to allow for on-site and off-site connections. The gravity
sewer system will terminate at the existing sewer manhole located near the rail spur serving
the Kingspan facility, which ties into the Red Bud Pump Station to direct effluent to the
Opequon Water Treatment Facility. The CB Ventures Gravity Sewer Plan has been designed
and submitted for review and approval to FW and the County Public Works Department.
Both agencies have approved this design plan and the approved improvements will be
installed prior to development of the subject property. FW has determined that this approach
is appropriate for addressing sewer impacts associated with the 4.98± acre project; therefore,
the sewer requirements associated with proposed rezoning of the 1.04± acre subject property
have been adequately addressed.
WATER SUPPLY
The 1.04±-acre subject property is located within the Sewer and Water Service Area
(SWSA); therefore, the property is entitled to be served by public water based on County
Policy. Frederick Water (FW) is the provider of public water service within this area of the
275
File #2022C Impact Statement/JRM 6
Greenway Engineering May 10, 2019 CB Ventures, LLC Commercial Rezoning
County and has Martinsburg Pike (U.S. Route 11)
and Amoco Lane (Route 839) that provides public water to the property. Frederick County
approved SP #07-17 for the CB Ventures 4.98± acre project area on July 24, 2017, which
includes the 1.04± subject property proposed for rezoning. SP #07-17 was reviewed and
approved by FW on April 24, 2017 as part of the site plan approval process and they
determined that adequate water pressure and capacities were available for service to this
property.
Additionally, the water system design for the build-out of commercial land use on the 4.98±
acre project included the connection of a temporary bypass of line to
line water main after it is constructed and
fully tested. The
that will be located throughout the 4.98± acre project, which will terminate at the 1.04± acre
subject property. -16, the maximum anticipated
flow for build out of the 4.98± acre area was projected by FW at 50,000 gpd. Greenway
Engineering has utilized 2015 FW water meter for these land uses and has applied a 1.5
calculation factor of safety to develop a conservative water demand projection of 22,000 gpd
for the buildout of the 4.98± acre project area. The projected water demand of 22,000 gpd
falls well below the available water supply identified by FW for this site; therefore, there is
adequate supply and pressure that will be available for the buildout of commercial land use
for the proposed development project.
SITE DRAINAGE
The topographic relief on the 1.04±-acre subject property generally follows a north to east
pattern, which directs drainage from the subject property towards the rear of the property
adjacent to Interstate 81. The applicant has provided stormwater management through a
design, which has been approved by Frederick County as part of SP #05-17. This stormwater
management includes two detention areas, one of which is in the southeast portion of the
subject property. The proposed rezoning of the subject property will not affect the existing,
approved stormwater management design of the site. The stormwater quantity and quality
measures have been designed in conformance with all applicable state and local regulations;
therefore, site drainage and stormwater management impacts to adjoining properties and the
community have been mitigated.
SOLID WASTE DISPOSAL
The impact on solid waste disposal facilities associated with the redevelopment of the 1.04±
subject site can be projected from an average annual commercial consumption of 5.4 cubic
th
yards per 1,000 square feet of structural area (Civil Engineering Reference Manual, 4
edition). It is anticipated that the proposed automotive tire and battery service facility will be
approximately 6,500 square feet. Therefore, solid waste disposal impacts are based on the
following figures that provide the increase in average annual solid waste volume based on the
anticipated 6,500 square feet of commercial land use:
276
File #2022C Impact Statement/JRM 7
Greenway Engineering May 10, 2019 CB Ventures, LLC Commercial Rezoning
AAV = 5.4 cu. yd. per 1,000 sq. ft. commercial
AAV = 5.4 cu yd. x 6.5 (1,000 sq. ft)
AAV = 35.1 cu. yd. at build-out, or 24.57 tons/yr. at build-out
The Municipal Solid Waste area of the Regional Landfill has a current remaining capacity of
13,100,000 cubic yards of air space. The projected commercial development will generate
approximately 24.57 tons of solid waste annually on average. This represents a 0.017%
increase in the annual solid waste received by the Municipal Solid Waste area of the
Regional Landfill, which currently averages 200,000 tons per year. Solid waste produced by
the commercial development will be disposed at the Regional Landfill by a commercial
waste hauler; therefore, the County will receive tipping fees associated with this land use to
mitigate this impact. The Regional Landfill has adequate capacity to accommodate the solid
waste impacts associated with this proposal.
HISTORICAL SITES AND STRUCTURES
The Frederick County Rural Landmarks Survey does not identify structures deemed to be
historically significant on the 1.04±-acre subject property, nor does the survey identify
properties within proximity of this site that are deemed potentially significant. The National
Park Service Study of Civil War Sites in the Shenandoah Valley identifies the 1.04±-acre
subject property as being located within the Second Winchester Stephensons Depot study
area boundary; however, the subject property is located well outside of the defined core
battlefield area and is also defined as having lost integrity due to existing development
patterns. Therefore, the commercial development plan for the property will not create
negative impacts associated with historic resources.
OTHER POTENTIAL IMPACTS
The commercial development of the 1.04±-acre subject property will provide new economic
development opportunities for Frederick County, which has been recognized by the County
to be positive in the consideration of fiscal impacts to County Capital Facilities. It is
understood that the development of commercial land use has the potential to increase service
demands on fire and rescue services; therefore, the Owner a
monetary contribution of $0.10 per developed building square foot to the County to provide
additional revenues that are specifically directed to County fire and rescue services.
277
File #2022C Impact Statement/JRM 8
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COUNTY of FREDERICK
Department of Planning and Development
540/ 665-5651
Fax: 540/ 665-6395
MEMORANDUM
TO:
Board of Supervisors
Kris Tierney, County Administrator
FROM:
Mike Ruddy, AICP, Director of Planning and Development
RE: CPPA #02-19, Woodside Business Park - Request for a work session
.
DATE:
September 4, 2019
The purpose of this memo is to request that the Board of Supervisors schedule a work
session with the Planning Commission (PC), and the Comprehensive Plans and Programs
Committee (CPPC) a Comprehensive Policy Plan
Amendment (CPPA).
Frederick County received one Comprehensive Plan Amendment (CPPA) Request:
1.CPPA #02-19 Woodside Business Center (Light)
The Comprehensive Plans and Programs Committee (CPPC) reviewed the application at
their meetings on July 8, 2019 and August 12, 2019. Following their discussion, the
CPPC did not recommend sending the request forward as an individual amendment. The
CPPC recommended that the Board of Supervisors initiate a larger study of the entire
Northeast Land Use Plan (NELUP) that reexamines land use, transportation and utility
availability. The Committee wanted to see a comprehensive review of the plan that
engages all parties (County, Frederick Water, VDOT, land-owners).
Following the work session, the Board should decide if the individual request warrants
additional consideration and study 2035
Comprehensive Plan.
Staff would suggest the following dates for this work session:
Preference: Wednesday, September 25, 2019 at 6 p.m. (immediately prior to scheduled
BOS meeting)
Alternatives: Wednesday, September 18, 2019 in conjunction with the PC meeting, or at
294
another time suitable to the Board.
107 North Kent Street, Suite 202 Winchester, Virginia 22601-5000
CPPA #02-19, for Woodside Business Park Sewer and Water Service Area
(SWSA) Inclusion Request and land use designation change; Parcels 34-A-
129E, 34-A-129I and 34-A-129G.
This is a request to expand the boundary of
the Sewer and Water Service Area (SWSA) to include 181.56 acres of land. The
request also seeks to change the land use designation from warehousing as shown
in the Northeast Land Use Plan to industrial; the properties are currently zoned
RA (Rural Areas). The properties are located on the northeastern side of
Woodside Road, the site also has frontage on Grace Church Road, in the
Stonewall Magisterial District.
In addition to discussing the above CPPA at the work session, Staff would appreciate
feedback on what the Board would like to see undertaken by the Planning Commission
over the next several months.
Staff has identified several possible items including;
Update of the Northeast Land Use Plan
As recommended by the CPPC, an update of this area plan would
o
be timely given the changes in land use that have occurred over the
last decade and the frequent requests for adjustments to the
Comprehensive Plan.
Rural Areas/Rural Community Centers Study
Development pressures are increasing making it important that the
o
policies and regulations are evaluated and improved to preserve the
rural character and rural economy of these areas and promote the
rural community centers as focal points for the rural areas.
Housing related initiatives
Recent interest in workforce and affordable housing projects
o
indicates that the County needs to examine how we provide for
these housing types. A goal of the Comprehensive Plan is to
encourage innovative housing choices that also accommodate a full
range of affordability.
Transportation planning and project implementation review.
VTRANS, the statewide transportation plan update is underway.
o
Also, the MPO long range transportation plan update is in
progress.
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development related projects, has highlighted that it may be timely
and beneficial to evaluate how effective the County is in
implementing our transportation plan and if adjustments need to be
made to ensure that transportation improvements are secured for
the benefit of Frederick County.
We look forward to any feedback the Board would like to provide and the scheduling of
the work session.
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