August 14 2019 Regular Meeting Minutes25
MINUTES
REGULAR MEETING
FREDERICK COUNTY BOARD OF SUPERVISORS
WEDNESDAY, AUGUST 14, 2019
7:00 P.M.
BOARD ROOM, COUNTY ADMINISTRATION BUILDING
107 NORTH KENT STREET, WINCHESTER, VIRGINIA
ATTENDEES
Board of Supervisors; Charles S. DeHaven, Jr., Chairman; Gary A. Lofton, Vice Chairman;
Blaine P. Dunn; Judith McCann -Slaughter; Shannon G. Trout; J. Douglas McCarthy and Robert 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; and Ann W. Phillips, Deputy Clerk to the Board of Supervisors.
CALL TO ORDER
Chairman DeHaven called the meeting to order at 7:00 p.m.
1N110CATION
Pastor John Van Drunen of Fellowship Bible Church delivered the invocation.
PLEDGE OF ALLEGIANCE
Vice Chairman Lofton led the Pledge of Allegiance,
ADOPTION OF AGENDA —APPROVED
Upon motion of Vice Chairman Lofton, seconded by Supervisor McCarthy, the agenda
was adopted on a voice vote.
Minute Book 43
Board of Supervisors Regular Meeting of August 14, 2019
County of Frederick, Virginia
NX
CITIZENS COMMENTS
Steve Jennings, Back Creek District, spoke in favor of the grant application to assist in
expanding broadband Internet service. He suggested the Board make 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, the consent
agenda was adopted on a roll call vote as follows;
Blaine P. Dunn Aye
Gary A. Lofton Aye
J. 'Douglas McCarthy Aye
Judith McCann -Slaughter Aye
Shannon G. Trout Aye
Robert W. Wells Aye
Charles S. DeHaven, Jr. Aye
- 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 - CONSENT AGENDA APPROVAL, Appendix 2
- Parks & Recreation Commission Report of 7.9.19 - CONSENT AGENDA APPROVAL, Appendix 3
Public Works Committee Report of 7.30.19 - CONSENT AGENDA APPROVAL, Appendix 4
- Transportation Committee Report of 7-29-19 - CONSENT AGENDA APPROVAL Appendix 5
- Northwestern Community Services Performance Contract FY 2020 - CONSENT AGENDA
APPROVAL
Minute Book 43
Board o f Supervisors Regular Meeting o f August 14, 2019
County of Frederick, Virginia
27
- 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
I. 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, with the Frederick County
Parks and Recreation department, was nominated for Employee of the Month; and
WHEREAS, in May 2019, Anthony C. Baker was asked to assist in finding a method to circulate
information to staff that would inform them of upcoming programs and provide Commission meeting and
park project updates; and
WHEREAS, Anthony C. Baker created a fantastic newsletter that is circulated among staff via
Constant Contact and is innovative, informative and helps bridge the gap of communication among the
various work locations; and
WHEREAS, Anthony C. Baker's newsletter project was a very professional communicative piece
that helps all areas of the Parks and Recreation Department be more informed about what is happening in
each of the Department's 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 a team atmosphere that is vital
to the success of any department.
NOW, THEREFORE BE IT RESOLVED, by the Frederick County Board of Supervisors this 14th
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 gratitude to Anthony C.
Baker for his outstanding performance and dedicated service and wishes him continued success in future
endeavors; and
BE IT FINALLY RESOLVED, that Anthony C. Baker is hereby entitled to all of the rights and
privileges associated with this award.
. + . + + tr . . + * . + .
- Employee of the Month Resolution for Rachel Taylor - CONSENT AGENDA APPROVAL
WHEREAS, Rachel E. Taylor, Family Services Specialist IV, with the Frederick County
Department of Social Services was nominated for Employee of the Month; and
WHEREAS, Rachel Taylor, who is assigned to the Child Protective Services (CPS) unit, is
always willing to lend support, expertise, knowledge, and guidance to those who are new to the unit; and
WHEREAS, Rachel exhibits her commitment and takes the time to train, advise, and assist with
any and all questions regarding cases, procedure, and best practices that are asked of her, works patiently
in a very stressful but critical role, and is always willing to listen and assist; and
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 ensure they are able to assess the safety of the
families involved; and
Minute Book 45
Board of Supervisors Regular Meeting of August 14, 2019
County of Frederick Virginia
m
WHEREAS, Rachel Taylor does exceptional work and is a model Social Worker, despite the
enonnous caseload and paperwork, and makes time to ensure that the families and children of Frederick
County are safe, and able to receive the services they need to succeed;
NOW, THEREFORE', BE IT RESOLVED, by the Frederick County Board of Supervisors this
14th day of August 2019, that Rachel Taylor is hereby recognized as the Frederick County Employee of
the Month for August 2019; and
BE IT FURTHER RESOLVED, that the Board of Supervisors extends gratitude to Rachel
Taylor for her outstanding performance and dedicated service and wishes her continued success in future
endeavors; and
BE IT FINALLY RESOLVED, that Rachel Taylor is hereby entitled to all of the rights and
privileges associated with this award.
.+*+++++++++..
- Resolution in Support and Agreement Providing Moral Obligation with Respect to a
Revenue Bond of Winchester Regional Airport Authori - CONSENT AGENDA APPROVAL
RESOLUTION OF THE BOARD OF SUPERVISORS OF FREDERICK COUNTY, VIRGI NIA,
AUTHORIZING THE EXECUTION OF A SUPPORT AGREEMENT PROVIDING FOR FREDERICK
COUNWS MORAL OBLIGATION TO MAKE CERTAIN APPROPRIATIONS WITH RESPECT TO A
REVENUE BOND OF WINCHESTER REGIONAL AIRPORT AUTHOF= IN AN AMOUNT NOT TO
EXCEED $1,550,000
A. Winchester Regional Airport Authority (the "Authority") proposes to issue its bond, in a principal
amount not greater than $1,550,000, bearing interest at a rate to be determined by VRA (as defined below)
and not to exceed 6.00% per armum, and payable over a term not to exceed 30 years (the 'Bond"),
B. The Bond will be issued to Virginia Resources Authority, as Administrator of the Virginia Airports
Revolving Fund ("VRA"), and its proceeds will provide financing necessary to refinance the interim
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 successor in interest to Professional Jet
Services, Inc., for the ground lease of a portion of the Airport Facility containing 54,000 square feet, located
in Shawnee Magisterial District, Frederick County, Virginia, Parent Tax Map No, 64-AAOB1, which lease
area is improved by those two certain hangars each containing 13,000 square feet, more or less, and office
space containing 4,007 square feet, more or less, the purchase of equipment necessary for the operation of
the hangars, and the relocation of access gate fencing and utility lines together with related expenses and
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 Bond by providing for the moral obligation
of the Board of Supervisors to make certain appropriations to the Authority with respect to the Bond and
the Project.
D. The final terms and conditions of the sale of the Bond to VRA are subject to the approval of the
Virginia Aviation Board and VRA.
E. As part of its plan for financing the Project, the Authority proposes to execute the following
documents:
a. Financing Agreement (the "Financing Agreement") between the Authority and the VRA; and
b. Support Agreement (the "Support Agreement"), between the Authority, the Board of Supervisors
Minute Book 45
Board of Supervisors Regular Meeting of August 14, 2019
County of Frederick, Virginia
m
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 Agreement, upon issuance of
the Bond, the Board of Supervisors will appropriate to the Authority, to the extent other funds of the
Authority are not available, amounts sufficient to pay the debt service under the Bond and any other
indebtedness secured by or payable from the revenues of the System, including the Existing Parity Bonds
as defined in the Financing Agreement, the operation and maintenance expense of the System, and
additional payments for costs and expenses related to any amendment, waiver, consent, or collection or
enforcement proceedings under the Financing Agreement, subject to annual appropriation by the Board of
Supervisors, all on the terms and conditions to be provided in the Support Agreement. The County's
obligations to make payments to the Authority pursuant to this resolution shall be subject to and dependent
upon annual appropriations being made from time to time by the Board of Supervisors for such purpose.
Nothing in this resolution, the Bond or the Support Agreement shall constitute a debt of the County within
the meaning of any constitutional or statutory limitation or a pledge 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 of the Support Agreement and execute and
deliver the Support Agreement on behalf of the County, with such approval being determined by the
execution and delivery of the Support Agreement. The County Administrator is authorized and directed to
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 Financing Agreement as a "local
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 an affidavit with
the Governor of Virginia that such nonpayment has occurred pursuant to Section 62.1-216.1 of the Virginia
Code. The Board of Supervisors also acknowledges that VRA may rely on Section 62.1-216.1 of the
Virginia Code, providing that if the Governor is satisfied that the nonpayment has occurred, the Governor
will immediately make an order directing the Comptroller to withhold all further payment to the County of
all funds, or of any part of them, appropriated and payable by the Commonwealth of Virginia to the County
for any and all purposes, and the Governor will, while the nonpayment continues, direct in writing the
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
W 1NCIIESTER REGIONAL AIRPORT AUTHORITY
(Hangar Project)
THIS SUPPORT AGREEMENT is made as of the first day of , 2019, by and among the
BOARD OF SUPERVISORS OF FREDERICK COUNTY, VIRGINIA (the "Board % acting as the
governing body of Frederick County, Virginia (the "County"), WINCHESTiE3R REGIONAL AIRPORT
AUTHORITY (the 'Borrower"), and the VIRGINIA RESOURCES AUTHORITY (the "Authority"), as
Administrator of the VIRGINIA AIRPORTS REVOLVING FUND (the "Ftmd") and as purchaser of the
Local Bond, as hereinafter defined, pursuant to a Financing Agreement dated as of the date hereof (the
"Financing Agreement"), between the Authority and the Borrower.
RECITALS:
WHEREAS, the Borrower was created by the Board pursuant to the Winchester Regional Airport
Authority - Act 1987 Session - Virginia Acts of Assembly - Chapter 687, in accordance with Chapter 3,
Minute Book 45
Board of Supervisors Regular Meeting o f August 14,209
19
County of Frederick, Virginio
33
Title 5. 1, et. seq., Code of Virginia, 1950, as amended, and owns and operates the Winchester Regional
Airport; and,
WHEREAS, the Borrower has determined that it is in its best interest to issue and sell a revenue bond in
an original aggregate principal amount not to exceed $1,550,000.00 (the "Local Bond") to the Authority,
as Administrator of the Fund, pursuant to the terms of the Financing Agreement in order to finance the
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.
r.... I.
NOW, THEREFORE, for and in consideration of the foregoing and of the mutual covenants herein set
forth, the parties hereto agree as follows;
1. Unless otherwise defined, each capitalized term used in this Support Agreement shall have the meaning
given it in the Financing Agreement.
2. The Borrower shall use its best efforts to issue the Local Bond, to use the proceeds thereof to pay the
costs of the Project, and to construct and place the Project in operation at the earliest practical date.
3. No later than May 15 of each year, beginning May 15, 2020, the Borrower shall notify the Board of the
amount (the "Annual Deficiency Amount") by which the Borrower reasonably expects the Revenues to be
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, including the Existing Parity Bonds set
forth on Exhibit F to the Financing Agreement (ii) the Operation and Maintenance Expense, and (iii) the
Additional Payments in full as and when due during the County's fiscal year beginning the following July
I.
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 Administrator shall deliver to the Authority
within ten days after the adoption of the County's budget for each fiscal year, but not later than July 15 of
each year, a certificate stating whether the Board has appropriated to or on behalf of the Borrower an
amount equal to the Annual Deficiency Amount.
5. if at any time Revenues shall be insufficient to may any of the payments referred to in paragraph 3
hereof, the Borrower shall notify the County Administrator of the amount of such insufficiency and the
County Administrator shall request a supplemental appropriation from the Board in the amount necessary
to make such payment.
6. The County Administrator shall present each request for appropriation pursuant to paragraph 5 above
to the Board, and the Board shall consider such request, at the Board's next regularly scheduled meeting
at which it is possible to satisfy any applicable notification requirement. Promptly after such meeting, the
County Administrator shall notify the Authority as to whether the amount so requested was appropriated.
If the Board shall fail to make any such appropriation, the County Administrator shall add the amount of
such requested appropriation to the Annual Deficiency Amount reported to the County by the County
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 such
manner as is consistent with the Constitution and laws of the Commonwealth of Virginia. The Board,
while recognizing that it is not empowered to make any binding commitment to make such appropriations
in future fiscal years, hereby states its intent to make such appropriations in future fiscal years, and
hereby recommends that future Boards of Supervisors do likewise.
Minute Book 45
Board of Supervisors Regular Meeting of August 14, 2019
County of Frederick, Virginia
a
8. The Board acknowledges that (i) the Authority may not purchase the Local Bond without the security
and credit enhancement provided by this Agreement, and (ii) the Authority is treating this Agreement as a
"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 Authority to file an
affidavit with the Governor that such nonpayment has occurred pursuant to Section 62.1-216.1 of the
Virginia Code, providing that if the Governor is satisfied that the nonpayment has occurred, the Governor
will immediately make an order directing the Comptroller to withhold all further payment to the County
of all funds, or of any part of them, appropriated and payable by the Commonwealth of Virginia to the
County for any and all purposes, and the Governor will, while the nonpayment continues, direct in
writing the payment of all sums withheld by the Comptroller, or as such of them as is necessary, to the
Authority, so as to cure, or cure insofar as possible, such nonpayment.
9. Nothing herein contained is or shall be deemed to be a lending of the credit of the County to the
Borrower, the Authority or any holder of the Local Bond or to any other person and nothing herein
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 Board to appropriate funds for the
purposes described herein.
10. Any notices or requests required to be given hereunder shall be deemed given if sent by registered or
certified mail, postage prepaid, addressed (i) if to the County, to The County of Frederick, Virginia, Attn:
County Administrator, (ii) if to the Borrower, to Winchester Regional Airport Authority, Attn: Chairman,
and (iii) if to the Authority, to 1111 East Main Street, Suite 920 Richmond, Virginia 23219, Attn:
Executive Director. Any party may designate any other address for notices or requests by giving notice.
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 the Local Bond and all other amounts
payable by the Borrower under the Financing Agreement have been paid in full.
13. This Agreement may be executed in any number of counterparts, each of which shall be an original
and all of which together shall constitute but one and the same instrument.
++*++++++.++++
- Resolution Concerning Disposition of Real Property by Northwestern Community
Services Board - CONSENT AGENDA APPROVAL
RESOLUTION RE: NORTHWESTERN C0NII14U1*ITY 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, Virginia, on December 16, 1987,
previously voted that the Northwestern Community Services Board was authorized to transfer their current
real estate; and
WHEREAS, the Northwestern Community Services Board owns certain real property located at 200 N.
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 convey title to said property via sale;
and
NOW, THEREFORE, BE IT RESOLVED, by the Board of Supervisors of the County of Frederick,
Virginia, that the Northwestern Community Services Board is authorized to sell the real property located
Minute Book 4S
Board of Supervisors Regular Meeting o€August 14, 2019
County of Frederick, Virginia
JG
at 200 N. Royal Avenue, Front Royal, Virginia and is identified as Parcel Identification Numbers 20A5 t 380
1 and 20A51380 2.
+..+*...... ..
- Resolution Affirming Locality Funding of Pro'ects Under Agreement With VQ0T- CONSENT
AGENDA APPROVAL
A RESOLUTION AFFIRMING CONUMINIENT 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 Department of Transportation funds under
various grant programs for transportation -related projects; and,
WHEREAS, the Virginia Department of Transportation requires each locality, by resolution, 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, right of way, and construction (as applicable)
of the project(s) under agreement with the Virginia Department of Transportation in accordance with the
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 execute all agreements and/or
addendums for any approved projects with the Virginia Department of Transportation.
+ + . + . + + t f + + + + .
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
DEPARTNIENT OF HOUSING AND COMMUNITY DEVELOPMENT
WHEREAS, Virginia's Department of Housing and Community Development ("DHCD") administers the
Virginia Telecommunication Initiative ("VATI") grant program to assist in constructing "last —mile"
broadband telecommunications infrastructure in the unserved areas of the Commonwealth. Guidelines
for the grant application were posted in June of 2019 and the deadline for applications has been set for 3
September 2019; and
WHEREAS, the program guidelines for grant application require a government entity as the applicant
with a qualified and experienced private sector broadband provider as the co -applicant; and
WHEREAS, Comcast Cable has offered, in conjunction with DHCD's Virginia Telecommunication
Initiative to extend parts of its system in the Apple Pie Ridge area of the County. This project will bring
high speed internet to portions of Apple Pie Ridge and could involve many miles of construction.
NOW, THEREFORE, BE IT RESOLVED, that the Board of Supervisors of the County of Frederick,
Virginia, does hereby approve the submittal of a grant application to the Virginia Department of Housing
and Community Development to assist in constructing "last mile" broadband telecommunications
infrastructure in the unserved areas of the Commonwealth and authorizes the County Administrator to
take such action necessary to file the grant application with DHCD with the co -applicant, Corneast Cable,
and execute any necessary agreements with DHCD and Comcast should a grant be awarded.
+++.++++++.+++
Minute Book 43
Board of Supervisors Regular Meeting of August 14, 2019
County of Frederick, Virginia
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 a term ending December 31, 2023. The motion
carried on a voice vote.
Minute Book 45
Board of Supervisors Regular Meeting of August 14, 2019
County of Frederick, Virginia
34
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 TO THE 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.
++++..++..+.{+
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 overtire; 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
Minute Book 45
Board of Supervisors Regular Meeting of August f 4, 2019
County of Frederick, Yirginio
35
modes; 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. Dunn Aye Shannon G. Trout Aye
Gary A. Lofton Aye Robert W. Wells Aye
J. Douglas McCarthy Aye Charles S. DeHaven, Jr. Aye
Judith McCann -Slaughter Aye
Supervisor Slaughter moved for approval of the WRA Executive Director's request for 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
McCarthy seconded the motion which carried on a roll call vote as follows:
Blaine P. Dunn Aye Shannon G. Trout Aye
Gary A, Lofton Aye Robert W. Wells Aye
J. Douglas McCarthy Aye Charles S. DeHaven, Jr. Aye
Judith McCann -Slaughter Aye
Supervisor Slaughter moved for approval of the Sheriffs request for 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. Dunn Aye Shannon G. Trout Aye
Gary A. Lofton Aye Robert W. Wells Aye
J. Douglas McCarthy Aye Charles S. DeHaven, Jr. Aye
Judith McCann -Slaughter Aye
Supervisor Slaughter moved for approval of the NRADC Superintendent's request 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 P4. Supervisor McCarthy seconded the
Minute Book 45
Board of Supervisors Regular Meeting of August 14, 20 f 9
County of Frederick, Virginia
RN
motion which carried on a roll call vote as follows:
Blaine P. Dunn Aye
Gary A. Lofton Aye
J. Douglas McCarthy Aye
Judith McCann -Slaughter Aye
Shannon G, Trout Aye
Robert W. Wells Aye
Charles S. DeHaven, Jr. Aye
Supervisor Slaughter moved for approval of the Commonwealth's Attorney's request for a
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 McCarthy seconded the motion which carried on a roll call vote as follows:
Blaine P. Dunn Aye Shannon G. Trout Aye
Gary A. Lofton Aye Robert W. Wells Aye
J. Douglas McCarthy Aye Charles S. DeHaven, Jr. Aye
Judith McCann -Slaughter Aye
Supervisor Slaughter moved for approval of the Parks & Recreation Director's request for
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 McCarthy seconded the motion which carried on a roll call vote as
follows:
Blaine P. Dunn Aye
Gary A. Lofton Aye
J. Douglas McCarthy Aye
Judith McCann -Slaughter Aye
Shannon G. Trout Aye
Robert W. Wells Aye
Charles S. DeHaven, Jr. Aye
Supervisor Slaughter moved for approval of the Parks & Recreation Director's request for
an FY20 General Fund 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
McCarthy seconded the motion which carried on a roll call vote as follows:
Blaine P. Dunn Aye Shannon G. Trout Aye
Gary A. Lofton Aye Robert W. Wells Aye
J. Douglas McCarthy Aye Charles S. DeHaven, Jr. Aye
Judith McCann -Slaughter Aye
+++.+.+++++++*
Minute Book 45
Board of Supervisors Regular Meeting of August 14, 2019
County of Frederick, Virginia
37
PUBLIC HEARINGS -- NON PLANNING ISSUES
OUTDOOR FESTIVAL PERMIT REQUEST OF ROBERT L. CLARK — FROM FARM TO FILM
FESTIVAL - APPROVED
Mr. Tierney provided background saying 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 of the Outdoor Festival Permit request of Robert L.
Clark for the From Farm to Film Festival. Supervisor McCarthy seconded the motion which carried
on a roll call vote as follows:
Blaine P. Dunn Aye Shannon G. Trout Aye
Gary A. Lofton Aye Robert W. Wells Aye
J. Douglas McCarthy Aye Charles S. DeHaven, Jr. Aye
Judith McCann -Slaughter Aye
++.+.+++++++..
OUTDOOR FESTIVAL PERMIT REQUEST OF ROTARY CLUB OF WINCHESTER — 44TH
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 AN, 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 Slaughter moved for approval of the Outdoor Festival Permit request of the
Rotary Club of Winchester — 44th Annual Shenandoah Valley Apple Harvest Festival. Supervisor
Minute Book 45
Board of Supervisors Regular Meeting o f August 14, 2019
County of Frederick, Virginia
It N
McCarthy seconded the motion which carried on a roll call vote as follows:
Blaine P. Dunn Aye Shannon G. Trout Aye
Gary A. Lofton Aye Robert W. Wells Aye
J. Douglas McCarthy Aye Charles S. DeHaven, Jr. Aye
Judith McCann -Slaughter Aye
+ + f + + + + + . + + . +
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
is in the 6th District and Frederick County is in the 1 Dth. He described the parcels in the disputed area
as being physically in Frederick County but having inaccurate deed and survey data showing them as
being in Warren County. 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 the current 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
Minute Book 45
Board of Supervisors Regular Meeting of August 14, 2019
County of Frederick, Virginia
39
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 asked the Board 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 needed adding 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 he wishes to remain in Warren County and vote for those
representatives who are known to 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.
Supervisor Dunn 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 fine needs to change to suit what the residents are requesting.
Minute Book 45
Board of Supervisors Regular Meeting o f August 14, 2019
County o f Frederick, Virginia
O
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 fine.
The motion in favor of agreeing to the boundary adjustment carried on a roll call vote as
follows:
Blaine P. Dunn No Shannon G. Trout Aye
Gary A. Lofton No Robert W. Wells Aye
J. Douglas McCarthy Aye Charles S. DeHaven, Jr. No
Judith McCann -Slaughter Aye
AUTHORIZING THE COUNTY ADMINISTRATOR
TO EXECUTE A BOUNDARY ADJUSTMENT
AGREEMENT W rM WARREN COUNTY
WHEREAS, the following parcels (the "Parcels") are located in close proximity to the boundary
line (the "Boundary Line") between Frederick County and Warren County: Warren County Tax Parcel
Number 04-18, Warren County Tax Parcel Number 04-21 B, 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 resolution, determined it to be
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 Warren County, as appropriate;
NOW, THEREFORE, BE IT RESOLVED, that the County Administrator be, and hereby is,
authorized to execute a boundary adjustment agreement with Warren County, to adjust the Boundary Line
so that each Parcel is respectively located wholly within the boundaries of either Frederick County or
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 approval of the boundary adjustment by the
appropriate Circuit Court.
..*.++..... +++
Minute Book 45
Board of Supervisors Regular Meeting o f August 14, 1019
County of l:rederick, Virginia
41 �
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 #04-19 with an
additional restriction on any new building construction on the site. Supervisor Dunn seconded the
motion which carried on a roll call vote as follows:
Blaine P. Dunn Aye
Gary A. Lofton Aye
J. Douglas McCarthy Aye
Judith McCann -Slaughter Aye
Shannon G. Trout Aye
Robert W. Wells Aye
Charles S. DeHaven, Jr. Aye
............++
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 generally located
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
Minute Book 45
Board of Supervisors Regular Meeting of August 14, 2019
County of Frederick, Virginia
5N
road network saying the roads are not currently accepted into the state system and 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 sight distance.
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 values of 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 not an
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
Minute Book 45
Board of Supervisors Regular Meeting o f August 14, 2019
County of Frederick, Virginia
43
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. Dunn No Shannon G. Trout Aye
Gary A. Lofton Aye Robert W. Wells No
J. Douglas McCarthy No Charles S. DeHaven, Jr. No
Judith McCann -Slaughter No
...........+++
PLANNING COMMISSION BUSINESS -- OTHER PLANNING BUSINESS
REQUEST FOR SWSA EXCEPTION - ORCHARD VIEW ELEMENTARY SCHOOL -
APPROVED
Assistant Planning Director Candice Perkins explained that Frederick County Public
Schools is requesting that the Board of Supervisors grant an exception 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 the construction 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 water at 4275 Middle Road
(identified by Property Identification Number 74-A-413). Supervisor Dunn seconded the motion
which carried on a roll call vote as follows:
Blaine P. Dunn Aye Shannon G, Trout Aye
Gary A. Lofton Aye Robert W. Wells Aye
J. Douglas McCarthy Aye Charles S. DeHaven, Jr. Aye
Judith McCann -Slaughter Aye
Minute Book 45
Board of Supervisors Regular Meeting of August 14, 1014
County of Frederick, Virginia
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 (which also 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 existing business at 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. Dunn Aye Shannon G. Trout Aye
Gary A. Lofton Aye Robert W. Wells Aye
J. Douglas McCarthy Aye Charles S. DeHaven, Jr. Aye
Judith McCann -Slaughter Aye
BOARD LIAISON REPORTS
Supervisor Trout said she would distribute a report from the Northern Shenandoah Valley
Regional Commission 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 the new policy 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. Dunn Aye
Gary A. Lofton Aye
J. Douglas McCarthy Aye
Judith McCann -Slaughter Aye
Minute Book 45
Board of Supervisors Regular Meeting of August 14, 2019
County of Frederick, Virginia
Shannon G. Trout No
Robert W. Wells Aye
Charles S. DeHaven, Jr. Aye
45
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 the Month 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. Dunn No Shannon G. Trout Aye
Gary A. Lofton No Robert W. Wells Aye
J. Douglas McCarthy No Charles S. DeHaven, Jr. No
Judith McCann -Slaughter No
ADJOURN
On motion of Vice Chairman Lofton, seconded by Supervisor McCarthy, the meeting was
adjourned at 9:18 p.m.
,c�j L�- .
Charles S. DeHaven, Jr.
Chairman, Board of Supervisors
, , I �_ f
Kris . Tie ey
Clerk, Boar pervisors
Minutes Prepared By:
Ann W. Phillips
Deputy Clerk, Board of Supervisors
Minute Book 45
Board of Supervisors Regular Meeting of August 14, 2019
County of Frederick, Virginia
M
Board of Supervisors Minutes of August 14, 2019 - Appendix 1
FINANCE COMMITTEE REPORT to the BOARD OF SUPERVISORS
Wednesday, July 17, 2019
8:00 a.m.
107 NORTH KENT STREET, WINCHESTER, VIRGINIA
A Finance Committee meeting was held in the First Floor Conference Room at 107 North Kent Street on
Wednesday, July 17, 2019 at 8:00 a.m.
ATTENDEES:
Committee Members Present: Judith McCann -Slaughter, Chairman; Charles DeHaven;
Gary Lofton; Jeffrey Boppe; Angela Rudolph -Wiseman; and non -voting liaisons Ellen Murphy,
Commissioner of the Revenue; and William Orndoff, Treasurer.
Committee Members Absent: none.
Staff present: Cheryl Shiffler, Finance Director; Sharon Kibler, Assistant Finance Director;
Jennifer Place, Budget Analyst; Kris Tierney, County Administrator; Jay Tibbs, Deputy County
Administrator; Rod Williams, County Attorney; Lenny Millholland, Sheriff; Jason Robertson,
Parks & Recreation Director; Nick Sabo, Airport Executive Director; James Whitley, NRADC
Superintendent; Ross Spicer, Commonwealth's Attorney; and Andrew Robbins, Deputy
Commonwealth's Attorney.
ITEMS REQUIRING ACTION BY BOARD OF SUPERVISORS:
(• ) Items 2, 4, 6, and 8 were approved under consent agenda.
1. The WRA Executive Director requests an 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. See attached information, p. 4 — 8. The
committee recommends approval.
2. ( ) 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. No local funds required. See attached memo, p. 9.
3. The Sheriff requests an 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. See attached memo, p. 10. The committee recommends
approval.
Minute Book 45
Board of Supervisors Regular Meeting of August 14, 2019
County of Frederick, Virginia
WA
4. (, ) 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. No local funds
required. See attached memo, p. 11.
5. The NRADC Superintendent requests 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 P0. See attached memo, p. 12. The committee recommends approval.
6. ( ) 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 model. See attached memo, p. 13 —14.
7. The Commonwealth's Attorney requests an 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, Local funds are required. This HR
Committee approved the full-time position at their July 12, 2019 meeting. See attached
information, p. 15 —18. The committee recommends approval.
8. () 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. No local funds required. See attached memo, p. 19 — 22.
9. The Parks & Recreation Director requests 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, See attached memo, p. 23 — 24.
The committee recommends approval.
10. The Parks & Recreation Director requests an FY20 General Fund supplemental appropriation in
the amount of $7,000. This amount represents proffer funds to be used for a Pickleball court at
Frederick Heights Park. No local funds required. See attached memo, p. 25 — 26. The
committee recommends approval.
Minute Book 45
Board of Supervisors Regular Meeting of August 14, 2019
County of Frederick, Virginia
NO ACTION REQUIRED BY BOARD OF SUPERVISORS:
1. The Finance Director requests continued discussion regarding the May 22, 2019 OPEB trust
presentation. See attached information, p. 27 — 63. The committee requests additional
information from staff.
INFORMATION ONLY
1. The Finance Director provides a Fund 10 Transfer Report for June 2019. See attached,
p. 64 — 66.
2. Fund balance information will be provided after the County closes FY19.
3. The Cash Proffer Policy is provided for your information. See attached, p. 67.
Respectfully submitted,
FINANCE COMMITTEE
Judith McCann -Slaughter, Chairman
Charles DeHaven
Gary Lofton
Jeffrey Boppe
Angela Rudolph -Wiseman
By C�
Cheryl B. Shiffler, Finance Director
Minute Book 45
Board of Supervisors Regular Meeting of August 14, 2014
County of Frederick, Virginia
Board of Supervisors Minutes of August 14, 2019 - Appendix 2
HUMAN RESOURCES COMMITTEE REPORT to the BOARD OF SUPERVISORS
Friday, July 12, 2019
9:00 a.m.
107 NORTH KENT STREET, WINCHESTER, VIRGINIA
A Human Resources Committee meeting was held in the First Floor Conference Room at 107 North Kent
Street on Friday, July 12, 2019 at 9:00 a.m.
► 911901n0911x0
Committee Members Present: Blaine Dunn, Chairman; Don Butler; Doug McCarthy, Dorrie
Greene; and Bob Wells
Staff present: Michael Marciano, Human Resources Director; DeLois Blevins, Human Resources
Manager; Rod Williams, County Attorney; Kris Tierney, County Administrator; Jay Tibbs, Deputy
County Administrator; Ross Spicer, Commonwealth's Attorney; Andy Robbins, Deputy
Commonwealth's Attorney; Delsie Jobe; and Stacy Herbaugh.
Others present: Chris Fordney, Parks & Recreation Commission
ITEMS REQUIRING ACTION BY BOARD OF SUPERVISORS:
1. The Human Resources Department presented a nomination for Employee of the Month for
Anthony Baker (Exhibit A). The committee recommends approval of Anthony Baker for the July
2019 Employee of the Month, 5 in favor & 0 against.
2. The Human Resources Department presented a nomination for Employee of the Month for
Rachel Taylor (Exhibit B). The committee recommends approval of Rachel Taylor for the August
2019 Employee of the Month, 5 in favor & 0 against.
INFORMATION ONLY
1. The Commonwealth Attorneys' Office requested to add an Administrative Investigator, Range 8
to the Salary Administration Plan (Exhibit C). The committee recommends approval, 5 in favor
& 0 against, and has been sent to the Finance Committee requesting the funds necessary to
cover fringe benefits associated with this position.
Respectfully submitted,
HUMAN RESOURCES COMMITTEE
Blaine Dunn, Chairman
Don Butler
Beth Lewin
Doug McCarthy
Dorrie Greene
Robert (Bob) Wells
By
Michael J. Marciano, Director of Human Resources
Minute Book 45
Board of Supervisors Regular Meeting of August 14, 2019
County of Frederick, Virginia
50
Board of Supervisors Minutes of August 14, 2019 - Appendix 3
PARKS AND RECREATION COMMISSION REPORT to the BOARD OF SUPERVISORS
Wednesday August 14, 2019
7:00 p.m.
107 NORTH KENT STREET, WINCHESTER, VIRGINIA
To: Jay Tibbs, Deputy County Administrator for Human Services
From: Jason L. Robertson, Director, Parks & Recreation Dept.
Date: July 10, 2019
Subject: Parks and Recreation Commission Action
The Parks and Recreation Commission met on July 9, 2019. Members present were: Guss
Morrison, Christopher Fordney, Gary Longerbeam, Amy Strosnider, Charles Sandy, Jr., Ronald
Madagan, and Randy Carter. Members Absent: Natalie Gerometta,
ITEMS REQUIRING ACTION BY BOARD OF SUPERVISORS:
None
ITEMS SUBMITTED FOR INFORMATION ONLY
1. The Commission approved adopting the Department's Policy Manual as written.
(Attachment 1).
2. The Commission recommended requesting a supplemental appropriation from the
Finance Committee in the amount of $2,102.73 which represents donations received
to the PLAY Fund during FY 19 and $457.76 from the Recreation Reserve fund to the
appropriate revenue lines which represents financial assistance provided to County
youth to participate in a variety of programs and activities.
3. The Commission recommended accepting the Youth Sports Partner Agreement with
the Top of Virginia Hockey Alliance (Attachment 2).
4. The Commission recommended to the Finance Committee the use of $8,500 in Proffer
funds to purchase a swing set for Rose Hill Park.
5. The Commission recommended to the Finance Committee the use of $7,000 in Proffer
funds to install a Pickle Ball Court at Frederick Heights Park.
6. The Commission recommended staff purse an 80/20 grant opportunity through the
Department of Conservation and Recreation to install a trail around the Bowman
Library Lake. Additionally, a supplemental appropriation was recommended in the
amount of $157,500 subject to grant award. 80% ($126,000) would be reimbursed,
and the 20% match ($31,500) to come from Parks and Recreation Proffer funds. Note:
This request was approved by the BOS at their July 11 meeting.
Cc: Charles R. Sandy, Chairman
Robert Wells, Board of Supervisors' Non -Voting Liaison
Minute Book 45
Board of Supervisors Regular Meeting o f August 14, 2019
County of Frederick, Virginia
51
Board of Supervisors Minutes of August 14, 2019 - Appendix 4
PUBLIC WORKS COMMITTEE REPORT to the BOARD OF SUPERVISORS
Tuesday, July 30, 2019
8:00 a.m.
107 NORTH KENT STREET, SUITE 200, WINCHESTER, VIRGINIA
PUBLIC WORKS COMMITTEE ATTENDEES:
Committee Members Present: J. Douglas McCarthy, Chairman; Gary A. Lofton; Gene E. Fisher;
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; Brandon Wyatt, intern; Ron Kimble, Landfill Manager; Kathy Whetzel, Animal Shelter
Manager; Holly Grim, Assistant Animal Shelter Manager; Erin Swisshelm, Assistant County
Attorney; Mike Stewart, Senior Project Manager
Attachment 1--Agenda Packet
ITEM FOR INFORMATION ONLY
1-Request for additional plans reviewer -Building Inspections.
See justification in the attached memorandum within the committee meeting agenda. After
discussion, the committee determined it was a good strategy to bring on a full-time plans
reviewerfor training and to assist with increased reviews needed with the code update coming
this fall.
A motion was made by committee member Strawsnyder to forward this funding request to the
Finance Committee for review and consideration. The motion was seconded by committee
member Wagner. The motion was unanimously approved by the committee.
2-Request for a supplemental appropriation for the Animal Shelter -Donated funds for
spay/neuter program.
See justification in the attached memorandum within the committee meeting agenda. After
some discussion, the committee supports continuance of this implemented program.
A motion was made by committee member Strawsnyder to forward the request for a
supplemental appropriation in the amount of $15,000 for review and consideration by the
Finance Committee. The motion was seconded by committee member Fisher. The motion
was unanimously approved by the committee.
3-Update on projects for Public Works and Solid Waste -citizen convenience sites.
Staff provided updates on several on -going projects within the department:
Minute Book 45
Board of Supervisors Regular Meeting of August 14, 1014
County of Frederick, Virginia
52
a. Crossover Boulevard -The contractor continues to make progress on the project. They
are currently doing grading work for the new stormwater management facilities,
installing storm sewer and working on the center pier for the bridge. The current
schedule has the projecting finishing in the fall of 2021.
b. Replacement of the Albin Convenience Site (SFW-Old Bus Shop -Route 522 North) -Staff
showed an updated site plan for the development of a convenience site at the old bus
shop. The site plan is about 95% complete. We anticipate completing the site plan
over the next month and getting pricing for the development of the site. We will
coordinate the design and construction with the school system. We have signed a
long-term agreement with the schools creating a perpetual easement for the site. We
anticipate having budget estimates for the construction of the site in the next 30-60
days.
c. Repairs to Roundhill Convenience Center -Staff updated the committee about some
drainage improvements that were performed at the Roundhill Convenience Center to
improve drainage flow and reduce flooding. The work was performed under budget
and has been well received by all.
d. Landfill projects -Staff updated the committee about several projects at the landfill.
We continue to study and determine where some of the high stormwater flows were
generated last year and completing the new leachate lagoon and leachate force mains
in the landfill.
4-Update on secure your load program and videos.
Staff updated the committee on the "Secure Your Load" program that utilizes grant funds to
help promote educational videos and materials for safer hauling practices of materials in pick-
up trucks and trailers. The cooperative effort has involved Frederick County Public
Works/Solid Waste, Frederick County Sheriff's Office and the Frederick County Public
Information Officer.
Several new videos have been released and can be seen on the county's website under the
YouTube tab: https://www.youtube.comuser frederickcount va
S-Summary of Internship Project.
Brandon Wyatt, intern with Public Works this summer, gave a presentation about a recycling
database program he has been working on. The database would provide citizens with
locations of places that would take most household items and recycle/reuse them. The
program is named Frederick County Alternative Recycling Database (FCARD). The new
database should be available for use this fall.
6-Update and discussion regarding the recycling program for Frederick County.
Attached is a summary memorandum updating the committee on the status of bid results for
processing recyclable materials. The low bid was received from Apple Valley Waste located in
Martinsburg, West Virginia. (Attachment 2)
As you are aware, we have a current contract with Southern Scrap to take most of our recycled
materials until mid -December 2019. They will not accept plastics after mid -August 2019. We
Minute Book 45
Board of Supervisors Regular Meeting of August 14, 1019
County of Frederick, Virginia
53
have an 1FB due by August 9, 2019 for hauling plastics. We will review bids and determine our
next course of action.
Our consultants, SCS Engineers is also continuing a study of other possible recycling options for
our landfill service area. This study should be completed by the end of September 2019. The
Northern Shenandoah Valley Regional Commission (NSVRC) is also performing a larger regional
study to look at different recycling options for the northern Shenandoah Valley region. That
study should be complete in October 2019.
As we discussed with the committee, the recycling issues are changing daily and we as staff are
trying to be very flexible and looking at many different options so we can continue to have a
cost-effective recycling program. We will continue to update the Board of Supervisors and
administration.
Respectfully submitted,
Public Works Committee
J. Douglas McCarthy, Chairman
Gary A. Lofton
Robert W. Wells
Whitney "Whit' L. Wagner
Gene E. Fisher
Harvey E. "Ed" Strawsnyder, Jr.
4
Byz106-
JOER. Wilder
Public Works Director
JCWJkco
Attachments: as stated
cc: Kris Tierney, County Administrator
Jay Tibbs, Deputy County Administrator
Ron Kimble, Landfill Manager
Gloria Puffinburger, Solid Waste Manager
Rod Williams, County Attorney
Erin Swisshelm, Assistant County Attorney
Kathy Whetzel, Animal Shelter Manager
Mark Fleet, Building Code Official
file
Minute Book 45
Board of Supervisors Regular Meeting of August 14, 2019
County of Frederick, Virginia
54 Board of Supervisors Minutes of August 14, 2019 - Appendix 5
TRANSPORTATION COMMITTEE REPORT to the BOARD OF SUPERVISORS
Monday, July 29, 2019
8:30 a.m.
107 NORTH KENT STREET, WINCHESTER, VIRGINIA
ATTENDEES:
Committee Members Present: Gary Lofton, Chairman (Voting), Judith McCann -
Slaughter (Voting), Gary Oates (Voting), James Racey (Voting), Barry Schnoor (Voting)
and Lewis Boyer (Liaison Stephens City).
Committee Members Absent: Mark Davis (Liaison Middletown).
Staff Present: Assistant Director -Transportation John Bishop, and Kathy Smith,
Secretary.
ITEMS REQUIRING ACTION BY BOARD OF SUPERVISORS:
6- Other
The Resolution to update the project agreement with VDOT was discussed with the Committee.
The Resolution is a requirement by VDOT when a project agreement is updated that states the
Board's commitment to the project and also notes that the County Administrator continues to
have authorization to implement all agreements and/or addendums for any approved projects
with VDOT.
Upon a motion by Gary Oates, seconded by Judith McCann -Slaughter the Committee
recommended to forward the Resolution affirming commitment to fund the locality share of
projects under agreement with the Virginia Department of Transportation and provide signature
of authority to the County Administrator to the Board of Supervisors. The motion was
unanimously approved.
ITEMS FOR INFORMATION ONLY:
1-Cedar Hill Road (see attached): Staff has received from a citizen a request through Supervisor
McCann -Slaughter to consider that VDOT place a designation of "No Through Trucks" on Cedar
Hill Road. The current issue with most of the trucks on Cedar Hill Road is that they have been
routed mistakenly to Burgess Lane when enroute to the Amazon Distribution Center. It was
noted that the through truck designations would apply only to the trucks traveling the entire
restricted roadway. The most recent recorded traffic count was 910 vehicles per day by VDOT.
Staff discussed the potential for trucks to use the roadway to bypass the truck restriction on
Welltown Road, however, the recorded trips do not indicate this is taking place. It was noted
that GPS real time is recognizing the address of the Amazon Distribution Center at 165 Business
Boulevard. Committee member Gary Oates would not recommend putting the restriction on
the roadway because it would not address the issue. Committee member Judith McCann -
Slaughter ask if the GPS shows restricted truck roadways. Ed Carter, VDOT said only the
Commercial GPS units would have that information since most truck drivers only use cell phones
to navigate so they would not show the restricted trucks roadway.
Upon a motion by, Mr. Gary Oates and seconded by Mr. James Racey the Committee
recommended to direct Staff to monitor the road for 60 to 90 days to see if there are more
complaints then revisit the truck restriction at Cedar Hill Road at a future date
Minute Book 45
Board of Supervisors Regular Meeting of August 14, 2019
County of Frederick, Virginia
a
2-Transportation Forum Update: Staff is still working on the availability of the VIP's list in order
to get a date. Staff has heard feedback of the location of the venue preference being the Board
of Supervisors room, if available when date is set.
3-Planning Update: Staff has been having a series of meetings on the Long -Range
Transportation Plan update (VTrans) with the MPO and Transportation Planners to go through
to clean up and consolidate the projects list. The Office of Intermodal Planning and Investment
(OIPI) coordinates VTrans. VTrans is a gate keeper for the SmartScale funding program.
4-County Projects Updates:
Crossover Boulevard aka Tevis Street Extension/Airport Road/1-81 Bridge: The notice to
proceed was issued to Perry Engineering on May 14, 2019. The contractor is currently on site
and a passerby would observe activity in the 1-81 median as the bridge sub -contractor
prepares for the bridge pier construction. In addition, Perry Engineering has mobilized on site
between Route 522 and Airport Road.
Renaissance Drive: The project is at 30% design. Currently, Staff is seeking comments from
various agencies on the Springdale Road CSX crossing closure.
Northern Y: The consultant is compiling the items necessary to meet the approximately 60%
for the language in the Revenue Sharing Agreement.
Jubal Early Drive Extension and Interchange with Route 37: No activity at this time.
5-Upcoming Agenda Items: SmartScale (ongoing discussion and development)
Transportation Forum
TBD: Oakdale Crossing Traffic Calming Study,
6-Other: Ms. Brenda Fristo a resident expressed concerns to the Committee with truck traffic
on Brucetown Road. She gave a brief history of the road, which included the traffic impact study
that supported a comprehensive plan amendment for the proposed Clorox Company to access
the property through the existing Carmeuse commercial entrance on Brucetown Road and the
proposed Proffer statement associated with Rezoning #07-12. Ms. Fristo has met with
representatives from the Carmeuse Company to discuss several items of concerns for the
residents of the Brucetown Road. Ms. Fristo requested that the Committee take action
indicating an openness to moving the Carmeuse entrance from Brucetown Road to Rt. 11. She
was advised that if the proffers allow for that, then a proposal is needed from Carmeuse. Also,
Ms. Fristo asked that the Committee to recommend a "No thru Truck" sign be posted on
Brucetown Road and a weight limit sign be posted on the bridge located on Brucetown Road.
Staff commented that a public hearing will need to be done for the "No thru Truck" sign to be
posted on the Road and that the bridge does not meet the weight limit restrictions it is certified
for legal loads. Ed Carter, VDOT spoke to the Committee that a new federal extra heavy vehicle
guideline for bridges is being developed and that once that comes through, they would be
evaluating all the bridges in the District for any needed signage. Mr. Carter noted that if the
new standards require, a sign will be posted.
Mr. John Light, resident of Clearbrook spoke to the Committee about the poor conditions of
Cedar Hill Road to Whitehill Road. It needs to be resurfaced and repairs to the drop off on the
edges in some areas. Also, Mr. Light spoke against the "No thru Trucks" on Cedar Hill Road
because residents do not know that it does not mean Agriculture vehicles which results in
conflicts between residents and agricultural vehicles.
Minute Book 43
Board of Supervisors Regular Meeting of August 14, 2019
County of Frederick, Virginia