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May 27 2020 Board_Agenda_PacketAGENDA BOARD OF SUPERVISORS WEDNESDAY, MAY 27, 2020 7:00 PM BOARD MEETING ROOM 107 NORTH KENT STREET, WINCHESTER, VIRGINIA 22601 Call to Order 1. Invocation 2. Pledge of Allegiance 3. Adoption of Agenda 4. Citizen Comments 5.–For agenda items that are not the subject of a Public Hearing Consent Agenda 6.Roll Call Vote Required 6.A. Minutes of Regular Meeting of May 13, 2020 MinutesRegularMeetingBOS200513.pdf 6.B. Finance Committee Report of May 20, 2020 FinanceCommitteeReport20May2020.pdf 6.C.Request from the Commissioner of the Revenue for Refunds and Supplemental Appropriations 1.Shenandoah Sheds–$3,625.86 2.US Bank NA –$4,939.38 RefundsToBOS27May2020.pdf 6.D.Adoption of Updated Rules of Procedure and Conduct RulesOfProcedureUpdate.pdf 6.E.Acceptance of the County's Share of Coronavirus Relief Fund Payments MemoBOS_re_CARES-CRF_Certfication052120.pdf 2 Board of Supervisors Regular Meeting AgendaPage 2 May 27, 2020 Board of Supervisors Comments 7. County Officials 8. 8.A. Committee Appointments Lord Fairfax Community College Board 4-year term of Michael Lake expires 6/30/2020. Mr. Lake is eligible and willing for reappointment and the LFCC Board has requested that he be reappointed. Staff has received a second application from Brandon Monk. BoardCommitteeAppts(052120BdMtg).pdf 8.B. Proposed Amendment to FY 20-21 Budget Supervisor Dunn would like to offer an amendment to withhold $4.8 million in FY21 until it is known if the County will actually have the projected revenue that was outlined in the adopted budget. A public hearing is required prior to amending the budget. BlaineDunnMay2020BudgetAndCUPs.pdf 8.C.Discussion: Special Event Center Conditional Use Permits Supervisor Dunn proposes a joint meeting between the Planning Commission and Board of Supervisors to discuss conditional use permits for Special Event Centers. BlaineDunnMay2020BudgetAndCUPs.pdf 3 Board of Supervisors Regular Meeting AgendaPage 3 May 27, 2020 Committee Business 9. 9.A. Finance Committee ( * ) Items 2, 3, 5, 8, 9, 11, 12, 13, 16, 19 and 20 were approved on the Committee'sconsent agenda. 1.The Parks & Recreation Director requests a General fund supplementalappropriation in the amount of $118,883. This amount represents proffer funds to construct a trail around Lakeside Lake behind the Bowman Library. This item has been approved by the Parks & Recreation Commission at their March 11, 2020 meeting. The committee recommends approval. 2.( * )The IT Director requests aGeneral Fund supplemental appropriation in the amount of $23,897. This amount represents reserved PEG funds to be used for a wireless microphone system for the BOS meeting room ($22,190) and additional funds needed for remainder of the current year maintenance service contract ofthe Granicus system ($1,707). PEG funds are reserved and restricted only to purchases related to meeting broadcasts. No local funds required. Approval recommended on the committee's consent agenda. 3.( * )The Voter Registrar requests aGeneral Fund supplemental appropriation in the amount of $42,640. This amount represents funds needed for the June Republican primary election. Local funds are required. Approval recommended on the committee's consent agenda. 4.The Transportation Director requests a Development Projects Fund (fund 27) supplemental appropriation in the amount of $2,253,614. This amount represents change orders and project management for Crossover Blvd. No local funds required. The committee recommends approval. 5.( * )The WRA Director requests anAirport Fund (fund 17) supplemental appropriationin the amount of $69,000. This amount represents funds received from the CARES Act. No local funds required. Approval recommended on the committee's consent agenda. 6.The WRA Director requests an Airport Capital Fund (fund 85) FY21 budget appropriation in the amount of $2,334,000 and a General Fund supplement appropriation in the amount of $414,376representing the local portion. $362,000 of the local portion is a carryforward of unspent FY20 Airport Capital. The committee recommends approval. 7.The EMS Billing Manager requests an EMS Expense Recovery Fund (fund 30) supplemental appropriation in the amount of $225,000. This amount represents anticipated revenue in excessof budgeted revenue. No local funds required. The committee recommends approval. 4 Board of Supervisors Regular Meeting AgendaPage 4 May 27, 2020 Finance Committee,continued 8. ( * )The Public Work Director requests an FY21 General Fund supplemental appropriation in the amount of $250,000, or less if FY20 ending balance is not sufficient.This amount represents a carry forward of unspent FY20 funds for the completion of the replacement Albin Citizen Convenience Center. Any unspent funds in FY21, after project completion, will be returned to the General Fund. Approval recommended on the committee's consent agenda. 9. ( * )The Victim Witness Director requests a General Fund budget transfer in the amount of $10,000 for the purchase of a copier and promotional materials (pending state approval). Transfer policy requires BOS approval when transferring out of fringe line items. No additional local funds required. Approval recommended on the committee's consent agenda. 10. The F&R Chief requests a General Fund supplemental appropriation in the amount of $81,474.73 (pending grant award). This amount represents an AFG supplemental grant via the CARES Act. Due to the grant application deadline, the application was authorized. The committee recommends approval. 11. ( * )The F&R Chief requests a General Fund supplemental appropriation in the amount of $28,150 (pending grant award). This amount represents a VDEM grant for 2 portable decontamination systems. No local funds required. Approval recommended on the committee's consent agenda. 12. ( * )The F&R Chief requests a General Fund revenue appropriation in the amount of $60,000 (pending grant award). This amount represents a VDEM grant for Rescue Task Force protective equipment. No local funds required. Approval recommended on the committee's consent agenda. 13. ( * )The DSS Director requests a General Fund supplemental appropriation in the amount of $315,500. This amount represents yearend adjustments to bring the County budget in line with the State budget and reflects a $49,395 reduction in local dollars. Approval recommended on the committee's consent agenda. 14. The Finance Director requests an FY21 NRADC Fund budget reduction in the amount of $440,010. This amount is from the elimination of the merit/COLA. The FY21 budget resolution reflects the reduction for the County’s share of the amendment. The committee recommends approval. 15. The Sheriff requests a General Fund supplemental appropriation in the amount of $34,100. This amount represents funds received for traffic control in excess of budgeted revenue, which will be used for overtime. No local funds required. The committee recommends approval. 16. ( * )The Sheriff requests a General Fund supplemental appropriation in the amount of $3,955. This amount represents the sale scrap metal, which will be used for items at the firing range. No local funds required. Approval recommended on the committee's consent agenda. 5 Board of Supervisors Regular Meeting AgendaPage 5 May 27, 2020 Finance Committee,continued 17. The Sheriff requests a General Fund supplemental appropriation in the amount of $31,443 (pending grant award)for a Student, Teachers and Officers Preventing School Violence Program grant. Of this amount, $10,481 are local funds representing the grant’s 25% matching requirement. Due to COVID-19 forcing the cancellation of the March Finance Committee meeting, combined with the grant application deadline, approval to apply for a BJA grant for a 3D scanner was authorized. The committee recommends approval. 18. The Sheriff requests a General Fund supplemental appropriation in the amount of $15,397.22 ($11,998.80 pending receipt of funds). This amount represents overtime reimbursements from the DEA. No local funds required. The committee recommendsapproval. 19. ( * )The Sheriff requests a General Fund supplemental appropriation in the amount of $5,000. This amount represents funds received from the ICAC grant in excess of budgeted. No local funds required. Approval recommended on the committee's consent agenda. 20. ( * )The Sheriff requests a General Fund supplemental appropriation in the amount of $6,587.69. This amount represents insurance reimbursements for auto claims. No local funds required. Approval recommended on the committee's consent agenda. 21. The Sheriff requests a General Fund supplemental appropriation in the amount of $21,078.58. This amount represents reimbursements from the IRS for overtime, travel, vehicle maintenance, and equipment. No local funds required. The committee recommends approval. 22. The Sheriff requests a General Fund supplemental appropriation in the amount of $80,000. This amount represents an expected shortfall for overtime. Local funds are required. The committee recommends approval and requests staff to work with the Sheriff on factors contributing to overtime. FinanceCommitteeReport20May2020.pdf Public Hearings (Non Planning Issues) 10. Outdoor Festival Permit Request of Tyler Wakeman –Peak Leaf Music & 10.A. Brewers Festival. Pursuant to the Frederick County Code, Chapter 86, Festivals; Section 86-3, Permit Required; Application; Issuance or Denial; Fee, for an Outdoor Festival Permit. Festival to be Held on Saturday, October 3, 2020, from 12:00 Noon until 7:00 PM, on the Grounds of 7180 Valley Pike, Middletown, Virginia, Back Creek Magisterial District. Property Owned by Wakeland Manor, Inc. WakemanTylerOutdoorFestivalPermitApp(PeakLeafMusicFestival)(2020).pdf 6 Board of Supervisors Regular Meeting AgendaPage 6 May 27, 2020 Planning Commission Business -Public Hearings 11. Conditional Use Permit #01-20 for J K Lee Services 11.A. Submitted for the Expansion of an Existing Assisted Living Structure Adding Six (6) Beds. The Property is Located at 549 Valley Mill Road, Winchester, Virginia and is Identified with Property Identification Number 55-A-56 in the Red Bud Magisterial District. CUP01-20JKLeeServices.pdf 12. Planning Commission Business -Other Planning Business Master Development Plan 02-20 -Heritage Commons 12.A. The Master Development Plan (MDP) for Heritage Commons appears to be consistent with the approved Rezoning (REZ) application #10-15 (proffers) and with the requirements of Article VIII, Master Development Plan, of the Frederick County Zoning Ordinance, andthis MDP is in a form that is administratively approvable. Following presentation of the application to the Planning Commission and the Board of Supervisors, and the incorporation of any comments from the Board, staff is prepared to proceed to approval ofthe application. BOS MDP 052720_HeritageCommons.pdf Proposed Ordinance Amendment -Development Review Fees for 12.B. Commercial Telecommunications Facilities CUPs This is a proposed amendment to Chapter 165 –Zoning Ordinance and to the Development Review Fee Schedule to reduce the fee for a Conditional Use Permit for commercial telecommunication facilities. Staff is seeking direction from the Board of Supervisors on this Zoning Ordinance text amendment and/or if the amendment is ready to be sent forward for Public Hearing. BOS 052720_Ordinance Amendment Development Fees.pdf 7 Board of Supervisors Regular Meeting AgendaPage 7 May 27, 2020 Planning Commission Business -Other Planning Business ,continued Proposed Ordinance Amendment -Zoning Enforcement, Violations and 12.C. Penalties The Board of Supervisors directed Staff and the Planning Commission to propose ordinance revisions to maximize the penalties for zoning violations. Staff is seeking direction from the Board of Supervisors on this Zoning Ordinance text amendment and/or if the amendment is ready to be sent forward for Public Hearing. BOS 052720_ Ordinance Zoning Enforcement.pdf Board Liaison Reports 13. Citizen Comments 14. Board of Supervisors Comments 15. Adjourn 16. 8 9 MINUTES CLOSED SESION AND REGULAR MEETING FREDERICK COUNTY BOARD OF SUPERVISORS WEDNESDAY, MAY 13,2020 7:00P.M. BOARD ROOM, COUNTY ADMINISTRATION BUILDING 107 NORTH KENT STREET, WINCHESTER, VIRGINIA ATTENDEES Board of Supervisors: Charles S. DeHaven, Jr., Chairman; Robert W. Wells, Vice Chairman;Blaine P. Dunn; Gene E. Fisher Shawn L. Graber;and Judith McCann-Slaughter; were present.J. Douglas McCarthy participated remotely from his office, doing so as a medical precaution on account of the COVID-19 pandemic. Staff present: Kris C. Tierney, County Administrator;Jay E. Tibbs, Deputy County Administrator; Roderick B. Williams, CountyAttorney;Karen Vacchio, Public Information Officer; Scott Varner, Director of Information Technology;Andrew Farrar, IT Program Coordinator; Seth Thatcher, Commissioner of the Revenue; Mark Cheran, Zoning & Subdivision Administrator; 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. INVOCATION Vice Chairman Wells delivered the invocation. PLEDGE OF ALLEGIANCE Vice ChairmanWells led the Pledge of Allegiance. APPROVAL OF REMOTE PARTICIPATION Remote meeting participation by Supervisor McCarthy was approved on a voice vote following the motion by Supervisor Graber, seconded Supervisor Slaughter. : Frederick County Board of Supervisors Regular Meeting Minutes * May 13, 2020 1 ADOPTION OF AGENDA –APPROVED Upon motion of SupervisorSlaughter,seconded by Vice Chairman Wells,theagenda was adoptedas presented on a voice vote. CITIZENS COMMENTS-None ADOPTION OF CONSENT AGENDA –APPROVED Supervisors Graber and Dunn discussed the Extension of the Declaration of Local Emergency citing their support for allowing small businesses to return to normal operations. Upon motion of Supervisor Slaughter,seconded bySupervisorFisher,the consentagenda was adoptedas presented onarecorded vote as follows: Blaine P. DunnAyeGene E. Fisher Aye Shawn L. GraberAyeRobert W. WellsAye J. Douglas McCarthyAyeCharles S. DeHaven, Jr.Aye Judith McCann-SlaughterAye -Minutes of Regular Meeting of April 8, 2020 - CONSENT AGENDAAPPROVAL -Information Technology Committee Report of April 29, 2020- CONSENT AGENDAAPPROVAL, Appendix 1 -Request from the Commissioner of the Revenue for Refundsand Corresponding Supplemental Appropriations- CONSENT AGENDA APPROVAL Stonewall II LLC–$2,870.45 Undisclosed Taxpayer –Disabled Veteran’s Relief –$7,550.01 Vectren Energy Services Corp d/b/a Energy Systems Group LLC –$4,534.00 -Set Public Hearing for Ordinance on Continuity of Operations - CONSENT AGENDAAPPROVAL -Extension of Declaration of Local Emergency for Covid-19 Pandemic - CONSENT AGENDA APPROVAL DECLARATION OF EXTENSION OF A LOCAL EMERGENCY RESOLUTION DECLARING AN EXTENSION OF A LOCAL EMERGENCY IN FREDERICK COUNTY, VIRGINIA WHEREAS: 21 Frederick County Board of Supervisors Regular Meeting Minutes * May 13, 2020 2 1.The President of the United States has declared a national state of emergency to exist throughout the country, and the Governor of Virginia has declared a state of emergency to exist throughout the Commonwealth of Virginia as a result of the Coronavirus (COVID-19) Pandemic; 2.The spread of the COVID-19 virus is a clear and present danger to the citizens and visitors of Frederick County and threatens to strain the national and local health care system and public safety and social service agencies; 3.Due to the imminent danger and prolonged duration of the pandemic, an Emergency Declaration provides the County the ability to expedite the performance of public work, enter into contracts for urgent resources, provide for materials and supplies, and take other actions necessary to protect the health and welfare of the public. 4.The Governor’s Executive Order number 55 included a “stay at home order” effective until June 10, 2020 unless amended or rescinded by further executive order. 5.The Board of Supervisors, at its meeting on March 25, 2020, previously ratified such an Emergency Declaration (the “Emergency Declaration”), effective March 17, 2020, to remain in effect until April 30, 2020. 6.Conditions continue to exist as of this date, dictating that the Emergency Declaration be extended until June 10, 2020. NOW, THEREFORE, IT IS HEREBY DECLARED that the Emergency Declaration be extended until June 10, 2020 + + + + + + + + + + + + + + BOARD OF SUPERVISORS COMMENTS Vice Chairman Wells voiced his concurrence with the comments of Supervisors Graber and Dunn regarding support for businesses beingallowed to return to normal operations. COUNTY OFFICIALS: LINDA GIBSON APPOINTED AS FREDERICK COUNTY REPRESENTATIVE TO PEOPLE, INC.–APPROVED On motion of Supervisor Slaughter,seconded by Vice Chairman Wells,Linda Gibson was appointed on a voice vote to People, Inc., representing Frederick County. APPOINTMENT TO THE LORD FAIRFAX COMMUNITY COLLEGE BOARD OF DIRECTORS – POSTPONED On motion of Supervisor Graber, seconded by Supervisor Dunn,the Board postponed action on reappointing Michael Lake to the LFCC Board to allow other applicants to apply for the position. 22 Frederick County Board of Supervisors Regular Meeting Minutes * May 13, 2020 3 UPDATE TO RULES OF PROCEDURE By consensus the Board agreed to consider updates to the Board’s Rules of Procedure document, as offered by Supervisors Fisher and McCarthy, at the next Board meeting. + + + + + + + + + + + + + + COMMITTEE BUSINESS INFORMATION TECHNOLOGY COMMITTEE Supervisor Dunn moved for approval of the Committee’s recommendation for providing public wi-fi access in the parking lots at four County fire stations (Star Tannery, North Mountain, Reynolds Store, andGore) and at Sunnyside Plaza to assist citizens and their children with access to the internet during the COVID-19 pandemicby funding the monthly service fee for the project at $2,000 per month total for all five sites. He further moved that the projectbereconsideredin August after usage data has been gathered. Supervisor Graber seconded the motion which carried on a recorded vote as follows: Blaine P. DunnAyeGene E. Fisher Aye Shawn L. GraberAyeRobert W. WellsAye J. Douglas McCarthyAyeCharles S. DeHaven, Jr.Aye Judith McCann-SlaughterAye Supervisor Slaughter moved that the Board authorizestaff to develop a Request for Proposals for broadband expansion in anticipation of the County applying for a Virginia Telecommunications Initiative Grant. She further moved that the Board delay discussion of designating County matching funds until the August12Board meeting. Supervisor Fisher secondedthe motionand the Board and staff discussed the grant application. The motioncarried ona recorded vote as follows: Blaine P. DunnAyeGene E. Fisher Aye Shawn L. GraberAyeRobert W. WellsAye J. Douglas McCarthyAyeCharles S. DeHaven, Jr.Aye Judith McCann-SlaughterAye 23 Frederick County Board of Supervisors Regular Meeting Minutes * May 13, 2020 4 PUBLIC HEARINGS (NON PLANNING ISSUES) OUTDOOR FESTIVAL PERMIT REQUEST OF CANAAN SPRINGS LLC AND ABIGAIL LINABURG – WEDDING–APPROVED County Administrator Tierney discussed the festival permit requestfor the property at 1147 North Pifer Road, saying the applicant is working with staff on applying for a conditional use permit but is waiting for VDOT approval. He said with an event scheduled for July 11, the applicant decided to seek the Festival Permit for the single event. Abigail Linaburg, the applicant, spoke about her farm and the permit application.She said she was advised to seek a festival permit because of the time necessary to get a conditional use permit and the limited time before the July 11 event, citing delays because of the Coronavirus pandemic. Chairman DeHaven opened the public hearing. No one spoke. Chairman DeHaven closed the public hearing. Supervisor Graber moved for approval of the Outdoor Festival Permit for Canaan Springs LLCfor July 11, 2020.SupervisorWellssecondedthe motionwhichcarried on a recorded vote as follows: Blaine P. DunnAyeGene E. Fisher Aye Shawn L. GraberAyeRobert W. WellsAye J. Douglas McCarthyAyeCharles S. DeHaven, Jr.Aye Judith McCann-SlaughterAye + + + + + + + + + + + + + + PROPOSED AMENDMENT TO THE LEASE AGREEMENT BETWEEN THE COUNTY OFFREDERICK, VIRGINIA AND H&R BLOCK EASTERN ENTERPRISES, INC.–APPROVED Deputy County Administrator Tibbs discussed the proposed amendmentto the lease agreement saying it would extend the existing lease for an additional one-year period commencing on May 1, 2020 and expiring on April 30, 2021. He said the base rent would be $1,050.00 per monthand noted the rent income received from the tenants at Sunnyside Plaza has been appropriated to cover the costs to carry the propertyincludingproperty management fees, utilities, 24 Frederick County Board of Supervisors Regular Meeting Minutes * May 13, 2020 5 repairs, etc. Chairman DeHaven opened the public hearing. No one spoke. Chairman DeHaven closed the public hearing. Supervisor Slaughter moved for approval of the Proposed Amendment to the Lease Agreement between the County of Frederick, Virginia and H&R Block Eastern Enterprises, Inc. Supervisor Graberseconded the motion which carried on a recorded vote as follows: Blaine P. DunnAyeGene E. Fisher Aye Shawn L. GraberAyeRobert W. WellsAye J. Douglas McCarthyAyeCharles S. DeHaven, Jr.Aye Judith McCann-SlaughterAye + + + + + + + + + + + + + + PROPOSED ORDINANCE –SALARIES OF THE BOARD OF SUPERVISORS ( FY 2020-2021) – ADOPTED Chairman DeHaven opened the public hearing. No one spoke. Chairman DeHaven closed the public hearing. Supervisor Slaughter movedfor approval of the Proposed Ordinance –Salaries Of The Board Of Supervisors (FY 2020-2021)keeping the Board salaries at the present level. Vice Chairman Wells seconded the motion which carried on a recorded vote as follows: Blaine P. DunnAyeGene E. Fisher Aye Shawn L. GraberAyeRobert W. WellsAye J. Douglas McCarthyAyeCharles S. DeHaven, Jr.Aye Judith McCann-SlaughterAye ORDINANCE SALARIES OF BOARD OF SUPERVISORS FISCAL YEAR 2020-2021 BE IT ORDAINED, the annual salary for each member of the Frederick County Board of Supervisors, for fiscal year beginning July 1, 2020, shall be as follows: Chairman, $10,800; Vice Chairman, $10,200; and each other member of the Board of Supervisors at $9,000. + + ++ + + + + + + + + + + 25 Frederick County Board of Supervisors Regular Meeting Minutes * May 13, 2020 6 PLANNING COMMISSION BUSINESS–PUBLIC HEARINGS -None PLANNING COMMISSION BUSINESS–OTHER PLANNING BUSINESS-None BOARD LIAISON REPORTS Supervisor Fisher noted another jet turbo prop aircraft is now based at the airport. He said the owner chose to locate here because of the low tax rate andthe County’s location outside the Washington D.C. restricted airspace. He noted the lower tax rate is paying off. CITIZEN COMMENTS-None BOARD OF SUPERVISORS COMMENTS Supervisor Graber noted the extension of the deadline for response to the Request For Proposals for the radio system saying vendors are appreciative of the extra time. Supervisor Dunn said he may offer a motion at the next meeting to amend the budget to reflect present funding levels until revenues are known. He cited concerns about maintaining planned funding for the next fiscal year based on the Coronavirus pandemic’s effect on revenues. Supervisor Dunn said businessesneed to be open and will operate with social distancing rules if that is what is requested. Supervisor Dunn said that the School Board needs to consider their budget and it is inappropriate to be paying coaches slated to work this spring who did not work coaching a sport because of the pandemic school closures. He said the private sector has experiencedjob losses and the publicsector should not be immune to these losses. Supervisor Dunn thanked the County Administrator for his fortitude and foresightin trying to find budget adjustments necessary because of the pandemic. 26 Frederick County Board of Supervisors Regular Meeting Minutes * May 13, 2020 7 ADJOURN On motion of Vice Chairman Wells, seconded by Supervisor Dunn,the meeting was adjourned at 7:58p.m. 27 Frederick County Board of Supervisors Regular Meeting Minutes * May 13, 2020 8 28 FINANCE and AUDIT COMMITTEE REPORTS to the BOARD OF SUPERVISORS Wednesday, May 20, 2020 8:00 a.m. 107 NORTH KENT STREET, WINCHESTER, VIRGINIA Finance and Audit Committee meetings were held in the Board of Supervisors Room at 107 North Kent Street on Wednesday, May 20, 2020 at 8:00 a.m. ATTENDEES: Committee Members Present: Judith McCann-Slaughter, Chairman; Charles DeHaven; Angela Rudolph-Wiseman; Jeffrey Boppe; and non-voting liaison William Orndoff, Treasurer. Committee Member Absent: Robert Wells; and non-voting liaison Seth Thatcher, Commissioner of the Revenue. Staff present: Cheryl Shiffler, Finance Director; Sharon Kibler, Assistant Finance Director; Kris Tierney, County Administrator; Joe Wilder, Public Works Director; Nick Sabo, WRA Director; Scott Varner, IT Director; Lenny Millholland, Sheriff; Tamara Green, DSS Director; Delsie Jobe, DSS Administrative Services Manager; Jon Turkel, Assistant Parks & Rec Director; Jason Robertson, Park & Rec Director; John Bishop, Transportation Director; and Richard Venskoske, Voter Registrar. Staff joining remotely: Jay Tibbs, Assistant County Administrator; Denny Linaburg, F&R Chief; Steve Majchrzak, Assistant F&R Chief; Christine Bauserman, EMS Billing Manager; and Rod Williams, County Attorney. Others joining remotely: David Foley, CPA, Robinson, Farmer, Cox Associates. ITEMS REQUIRING ACTION BY BOARD OF SUPERVISORS: AUDIT COMMITTEE 1.David Foley from Robinson, Farmer, Cox Associates will present the FY 2019 Comprehensive Annual Financial Report (CAFR) and be available for discussion of the upcoming FY 2020 audit. The FY 2019 CAFR is available in dropbox or online at: www.fcva.us/CAFR. The committee recommended acceptance of the report and authorized the Finance Committee Chair to sign the engagement letter for the upcoming FY 2020 audit. FINANCE COMMITTEE ( *) Items 2, 3, 5, 8, 9, 11, 12, 13, 16, 19 and 20 were approved under consent agenda. 1.The Parks & Recreation Director requests a General fund supplemental appropriation in the amount of $118,883. This amount represents proffer funds to construct a trail around Lakeside Lake behind the Bowman Library. This item has been approved by the Parks & Recreation 29 1 Commission at their March 11, 2020 meeting. The proffer policy is attached for information. See attached memo, p. 6 – 8. The committee recommends approval. 2.( * ) The IT Director requests a General Fund supplemental appropriation in the amount of $23,897. This amount represents reserved PEG funds to be used for a wireless microphone system for the BOS meeting room ($22,190) and additional funds needed for remainder of the current year maintenance service contract of the Granicus system ($1,707). PEG funds are reserved and restricted only to purchases related to meeting broadcasts. No local funds required. See attached information, p. 9 – 12. 3.( * ) The Voter Registrar requests a General Fund supplemental appropriation in the amount of $42,640. This amount represents funds needed for the June Republican primary election. Local funds are required. See attached memo, p. 13 – 14. 4.The Transportation Director requests a Development Projects Fund (fund 27) supplemental appropriation in the amount of $2,253,614. This amount represents change orders and project management for Crossover Blvd. No local funds required. See attached memo, p. 15. The committee recommends approval. 5.( * ) The WRA Director requests an Airport Fund (fund 17) supplemental appropriation in the amount of $69,000. This amount represents funds received from the CARES Act. No local funds required. See attached memo, p. 16. 6.The WRA Director requests an Airport Capital Fund (fund 85) FY21 budget appropriation in the amount of $2,334,000 and a General Fund supplement appropriation in the amount of $414,376 representing the local portion. $362,000 of the local portion is a carry forward of unspent FY20 Airport Capital. See the attached information, p. 17 – 19. The committee recommends approval. 7.The EMS Billing Manager requests an EMS Expense Recovery Fund (fund 30) supplemental appropriation in the amount of $225,000. This amount represents anticipated revenue in excess of budgeted revenue. No local funds required. See attached memo, p. 20. The committee recommends approval. 8.( * ) The Public Work Director requests an FY21 General Fund supplemental appropriation in the amount of $250,000, or less if FY20 ending balance is not sufficient. This amount 2: 2 represents a carry forward of unspent FY20 funds for the completion of the replacement Albin Citizen Convenience Center. Any unspent funds in FY21, after project completion, will be returned to the General Fund. See attached memo, p. 21 – 22. 9.( * ) The Victim Witness Director requests a General Fund budget transfer in the amount of $10,000 for the purchase of a copier and promotional materials (pending state approval). Transfer policy requires BOS approval when transferring out of fringe line items. No additional local funds required. See attached memo, p. 23 – 24. 10.The F&R Chief requests a General Fund supplemental appropriation in the amount of $81,474.73 (pending grant award).This amount represents an AFG supplemental grant via the CARES Act. Due to the grant application deadline, the application was authorized. See attached information, p. 25. The committee recommends approval. 11.( * ) The F&R Chief requests a General Fund supplemental appropriation in the amount of $28,150 (pending grant award). This amount represents a VDEM grant for 2 portable decontamination systems. No local funds required. See attached information, p. 26. 12.( * ) The F&R Chief requests a General Fund revenue appropriation in the amount of $60,000 (pending grant award). This amount represents a VDEM grant for Rescue Task Force protective equipment. No local funds required. See attached information, p. 27. 13.( * ) The DSS Director requests a General Fund supplemental appropriation in the amount of $315,500. This amount represents yearend adjustments to bring the County budget in line with the State budget and reflects a $49,395 reduction in local dollars. See attached memo, p.28. 14.The Finance Director requests an FY21 NRADC Fund budget reduction in the amount of $440,010. This amount is from the elimination of the merit/COLA. The FY21 budget resolution reflects the reduction for the County’s share of the amendment. The committee recommends approval. 15.The Sheriff requests a General Fund supplemental appropriation in the amount of $34,100. This amount represents funds received for traffic control in excess of budgeted revenue, which will be used for overtime. No local funds required. See attached memos, p. 29 – 35. The committee recommends approval. 31 3 16.( * ) The Sheriff requests a General Fund supplemental appropriation in the amount of $3,955. This amount represents the sale scrap metal, which will be used for items at the firing range. No local funds required. See attached memo, p. 36 – 37. 17.The Sheriff requests a General Fund supplemental appropriation in the amount of $31,443 (pending grant award) for a Student, Teachers and Officers Preventing School Violence Program grant. Due to COVID-19 forcing the cancellation of the March Finance Committee meeting, combined with the grant application deadline, approval to apply for a BJA grant for a 3D scanner was authorized. See attached information, p.38 – 50. The committee recommends approval. 18.The Sheriff requests a General Fund supplemental appropriation in the amount of $15,397.22 ($11,998.80 pending receipt of funds). This amount represents overtime reimbursements from the DEA. No local funds required. See attached memo, p. 51 – 52. The committee recommends approval. 19.( * ) The Sheriff requests a General Fund supplemental appropriation in the amount of $5,000. This amount represents funds received from the ICAC grant in excess of budgeted. No local funds required. See attached memo, p. 53. 20.( * ) The Sheriff requests a General Fund supplemental appropriation in the amount of $6,587.69. This amount represents insurance reimbursements for auto claims. No local funds required. See attached memo, p. 54 – 56. 21.The Sheriff requests a General Fund supplemental appropriation in the amount of $21,078.58. This amount represents reimbursements from the IRS for overtime, travel, vehicle maintenance, and equipment. No local funds required. See attached memo, p. 57 – 58. The committee recommends approval. 22.The Sheriff requests a General Fund supplemental appropriation in the amount of $80,000. This amount represents an expected shortfall for overtime. Local funds are required. See attached memo, p. 59. The committee recommends approval and requests staff to work with the Sheriff on factors contributing to overtime. 32 4 INFORMATION ONLY: 1.The Finance Director provides a Fund 10 Transfer Report for April 2020. See attached, p. 60. 2.The Finance Director provides financial statements ending April 30, 2020. See attached, p.61 – 71. 3.The Finance Director provides an FY 2020 Fund Balance Report ending May 14, 2020. See attached, p. 72. Respectfully submitted, FINANCE COMMITTEE Judith McCann-Slaughter, Chairman Charles DeHaven Jeffrey Boppe Angela Rudolph-Wiseman By Cheryl B. Shiffler Cheryl B. Shiffler, Finance Director 33 5 34 6 35 7 Frederick County Cash Proffer Policy As approved by the Board of Supervisors on January 28, 2009. Proffered funds received by Frederick County will be held for the use specified by the proffer language. In the case of funds proffered to offset impacts to fire and rescue services, in the absence of other proffered specifications, the funds will be earmarked for the first due company in the area of the subject rezoning at the time the proffered funds are received. All proffered funds will be collected, held, and will accumulate until such time as a capital project funding request is received from a qualifying County department, agency, or volunteer fire and rescue company. Qualifying agency or departmental requests to access proffered funds shall be submitted to the Countys Finance Department for processing. In order to qualify as a capital project the = following criteria must be met: 1) the item or project must have a minimum value of five thousand dollars ($5,000), and; 2) the item/project must have an anticipated useful life of at least five (5) years. The Finance Department will forward requests to the Finance Committee for a recommendation to the Board of Supervisors on the appropriateness of the use of proffered funds for the requested purpose. To assist the Finance Committee and Board in their deliberations requests to utilize proffered funds should include the following: 1) the amount of funds requested, 2) the total project cost, 3)a detailed description of the desired capital project or purchase including a discussion of how recent or anticipated development contributes to the need for the expenditure, and, 4) indicate whether or not the item or project is listed on the Countys Capital Improvements = Plan (CIP). In order to comply with State Code 15.2-2-2298 (A) the Planning staff, working in conjunction ' with the County Attorney, will attempt to insure that cash proffers associated with future rezonings are appropriately addressed through inclusion of relevant capital projects in the Countys CIP prior = to acceptance of the proffered funds. For the purpose of determining whether a project or item is appropriate for individual listing on the CIP only, a threshold value of $100,000 and useful life of at least five year shall be utilized. (This would not preclude the purchase of capital items valued at less than $100,000 utilizing proffered funds, where other relevant criteria are met and procedures followed.) HTTPS://FCVA-MY.SHAREPOINT.COM/PERSONAL/SKIBLER_FCVA_US/DOCUMENTS/DOCUMENTS/FY2020/FINANCECOMMITTEE/20200520/01B_PROFFER POLICY.DOCX 36 8 COUNTY OF FREDERICK Information Technologies Scott Varner, Director of Information Technology svarner@fcva.us Voice 540.722.8261 M E M O To: Finance Committee From: Scott Varner, Director of Information Technology Subject: Request for PEG Funds Date: March 10, 2020 The Information Technology Department is requesting to use $23,897 in Peg Funds to cover the cost of maintenance and support for our public meeting streaming system (Granicus) and hardware/professional services for a wireless microphone system for the Board of Supervisors Boardroom. The funds requested for the maintenance and support of the Granicus system represents funds needed in addition to the current fiscal year budgeted funds for the maintenance service contract. The wireless microphone system would be utilized for board work sessions and to provide additional microphones for the staff table at Planning Commission meetings. The breakdown of costs associated with both items are below. Granicus Maintenance and Support-$1,707 Shure Wireless Microphone System-$22,190 Total - $23,897 The Peg Funds are funds derived from our Cable Franchise fees. The use of funds from the PEG Grant are narrow in scope and can only be used for items related to the broadcasting of meetings. The quotes for both items are included with this memo. Sincerely, Scott Varner County of Frederick Director of Information Technology 107 North Kent Street, Winchester, Virginia 22601-5039 37 9 38 10 39 11 Quotation 3593 Mayland Court Richmond, VA 23233DATEFebruary 20, 2020 Fed ID# 26-4368726Quotation #FCO022017 office 804 747-7780Customer:Frederick County fax 804 747-7112Contact Name:Scott Varner cell 804 564-6753Phone Number:(540) 722-8261 Andrew PittsEmail:svarner@fcva.us apitts@streetandco.com Contract Number 7058821-16JC Bill To:Frederick County Accounts Payable / Scott Varner 0March 19, 2020 , Andrew Pitts Frederick County Location: SALE PRICE PER EXTENDED SALE DESCRIPTIONITEM PRICE LINEMANUFACTURERPART #QTY 1$ - 2 ShureMXC420DF/CShure Dualflex Gooseneck Microphones 10$ 193.32$ 1,933.20 ShureMXCW64010$ 1,332.00$ 13,320.00 3 Shure Wireless Conference Unit 4 ShureMXCWAPTShure Access Point Receiver 1$ 3,333.35$ 3,333.35 ShureMXCWNCS1$ 1,000.00$ 1,000.00 5 Shure Charging Station 6$ - $ - 7 8$ - Material Sub Total $ 19,586.55 Cables & Connectors $ 142.86 Labor and Programming $ 2,100.00 Travel & Lodging $ 250.00 One night Subtotal $ 22,079.41 Freight $ 110.00 Total Sale Price $ 22,189.41 Sales Tax $ - Total Quote $ 22,189.41 Notes: 1. Payment terms: A progress payment schedule shall be developed to meet the job schedule requirements. 2. The above proposal does not include any options. 3. All electrical work is left to the client or client subcontractor, unless otherwise determined. Signature to proceed with order _______________________________________________________________ Date_______________ PURCHASE ORDER NUMBER : ___________________________________________________________________________________ ***EMAIL OR FAX TO - ORDERS@STREETANDCO.COM OR 804-747-6041*** 3: 12 Street Co LLC Frederick County 20 Board Room Microflex Complete 2-20-20.xlsxQuote dba - SeedComm/Signature AV 3/10/2020 41 13 42 14 MEMORANDUM TO: Finance Committee FROM: John A. Bishop AICP, AssistantDirector - Transportation RE: Project Line Increase Request – Crossover Blvd DATE: May 12, 2020 In September 2018, staff requested that the project line item for Crossover Blvd be increased to $20,616,145.51 to match the final pre-bid construction estimate. This was subsequently approved by the Finance Committee and Board of Supervisors. However, that figure did not include previous expenditures for design or routine change order costs that have since been incurred. Staff is requesting that the line item for the Crossover Blvd Project be increased by $2,253,614.20 to a total of $22,869,759.71 to account for change orders and project management expenses. The project remains 100% funded through private funds and VDOT revenue sharing funds on a 50/50 split. 43 15 MEMORANDUM To: Cheryl Shiffler, Frederick County Finance Director From: Nick Sabo, Winchester Regional Airport Authority Executive Director Date: May 12, 2020 RE: Finance Committee Agenda Item | CARES Act The Winchester Regional Airport Authority (WRAA) requests supplemental revenue appropriation for its FY20 operating budget totaling $69,000 from the federal CARES Act. Funds will be used for operating expenses including payroll, utilities, and debt service. No local funds required. Revenue code 3 - 017 - 018990 0000 We sincerely appreciate the continued support of Frederick County. Please advise if you have questions or need additional information. Sincerely, Nick Sabo, A.A.E. Executive Director 44 16 MEMORANDUM To: Cheryl Shiffler, Frederick County Finance Director From: Nick Sabo, Winchester Regional Airport Authority Executive Director Date: May 12, 2020 RE: Finance Committee Agenda Item | FY21 Capital Budget The Winchester Regional Airport Authority (WRAA) requests supplemental appropriation for the FY21 capital budget totaling $2,334,000. The requested local share from Frederick County is $414,376. The supported projects are detailed in the enclosed spreadsheet. NOTE: Three projects (highlighted in blue) are carried forward from FY20. We sincerely appreciate the continued support of Frederick County. Please advise if you have questions or need additional information. Sincerely, Nick Sabo, A.A.E. Executive Director Enclosure 45 17 46 $240,000$1,400,000$234,000$390,000$30,000$20,000$20,000$2,334,000 $133,740 TOTAL 24.4% City $0$280,000$89,856$149,760$6,000$10,000$20,000$555,616 $414,376 County LOCAL 75.6% REVENUE SOURCE $0.00$1,120,000$144,144$240,240$24,000$10,000$0$1,538,384 STATE $240,000$0$0$0$0$0$0$240,000$0 $2,500$5,000$548,116$555,616 FEDERAL Winchester Regional Airport Authority Local Revenue Frederick County/City of Winchester Total Revenue Breakdown Local Revenue Breakdown 61.6/38.4% State/Local Shenandoah County 80/20 State/Local 80/20 State/Local 80/20 State Grant50/50 State Grant Warren County Clarke County Local Only 100% FAA May 12, 2020 Description New Terminal - Site (Construction) - State Eligible Annual Maintenance New Terminal - Site (Design/Bid) - New Terminal - Building (Design State Eligible Capital Equipment Acquire Parcel 64-A-64 Local Capital Projects Acquisition Phase 01Phase 02 Repairs Phase) 48 20 MEMORANDUM TO: Cheryl Shiffler, Director of Finance FROM: Joe C. Wilder, Director of Public Works SUBJECT: Carry Forward Request – Albin Citizen Convenience Center DATE: May 11, 2020 ______________________________________________________________________________ The Refuse Collection budget is requesting a carryforward in the amount of $250,000 (estimated) from line item 10-4203-8900-00 Improvements Other Than Buildings for construction of the replacement Albin Citizen Convenience Center. This carryforward will cover addition work that should be completed in July 2020 which will then be under the Fiscal Year 2021 budget cycle. The amount requested in the carryforward has a contingency built in. Therefore, any remaining funds not spent will then be returned to the general fund.The actual carryforward amount will not exceed the amount available in the line item at end of FY 2020. The project began construction in February 2020. We anticipate completing project in (Attachment 1) July 2020. Please include the above carry forward request on the next Finance Committee agenda. Should you have any questions, please don’t hesitate to contact me. JCW/kco Attachments: as stated cc:file 49 21 107 North Kent Street, Second Floor, Suite 200 Winchester, Virginia 22601-5000 MEMORANDUM TO: Joe Wilder,Director FROM: Gloria Puffinburger, Solid Waste Manager SUBJECT: Carry Forward to FY 20/21; Albin Citizens’ Convenience Site Construction DATE: May 11, 2020 The department is requesting a carryforward amount of $250,000, including contingency, for completion of all in-house work by staff, and landscapingwhich will be installed after site work and fencing are complete.Therefore, these tasks will be conducted in the new fiscal year. Of the above amount, $180,322 will cover remaining work under contract with General Excavating projects such as paving, subgrade, final grade and cleanup. If you have any questions, please contact me at Extension 8219. /gmp cc:file 4: 22 107 North Kent Street, Second Floor, Suite 200 Winchester, Virginia 22601-5000 51 23 52 24 53 25 54 26 55 27 Frederick County Department of Social Services Memo To: Finance Committee/Cheryl Shiffler From: Delsie D. Jobe CC: Tamara Green, Director Date: May 20, 2020 Re: FY 2020 Appropriation Adjustment Request Department of Social Services is requesting a funds appropriation to the following program budget line items order to bring our County budget in line with our State budget. We have seven (7) programs need to be increased by a total of $383,500. Three of these budget lines are State mandated programs and we spent our initial allocation and the State gave us additional funding. Two (2) other program budget lines need to be decreased by a total of $68,000, of which $49,395 is a reduction in Local dollars. These programs had a decrease in caseloads in FY 2020. The net of these adjustments results in an increase of $315,500 of total dollars. No additional local dollars are needed with this increase; however, like mentioned above we are able to return $49,395 in local dollars. 4-010-053170-5811-000-000 IV-E Foster Care increase of $290,000 4-010-053170-5812-000-000 Adoption Subsidy increase of $30,000 4-010-053170-5817-000-000 Special Needs Adoption increase of $35,000 4-010-053170-5820-000-000 Adoption Incentive increase of $1,500 4-010-053170-5833-000-000 Adult Services decrease of $48,000 4-010-053170-5861-000-000 ILF Education/Training increase of $13,000 4-010-053170-5862-000-000 Independ. Living increase of $3,000 4-010-053170-5866-000-000 Prom. Safe & Stable increase of $11,000 4-010-053170-5872-000-000 VIEW Purchase Svcs decrease of $20,000 Thank you for your consideration. Delsie D. Jobe, Administrative Services Manager 56 28 57 29 58 30 59 31 5: 32 61 33 62 34 63 35 64 36 65 37 66 38 Sheriff Lenny MillhollandMajor Steve A. Hawkins 1080 Coverstone Drive Winchester, Virginia 22602 Office (540) 662-6168 Fax (540) 504-6400 To:Cheryl Shiffler From: Sheriff Millholland Subject: Grant Application-School Safety th, 2020 Date: March 4 The Frederick County Sheriff’s Office would like to apply for a grant throughBJA (Bureau of Justice Assistance)for a total of $41,924.00for one Faro 3D Scannerand a computerworkstationto process and storefinal project(s). ThisFaro 3D scanner would be used to scanall schools in the County of Frederick and once this is completed, Law Enforcement, Fire and Rescue, and School Administrators would have for access of 3D images and layouts of all the schools in the County of Frederick. The total grant amount is$41,924.00 with BJA covering75% of the total cost of the devicewhichwould be $31,443.00. Thelocal match or in-kind for the devicewould be $10,481.00by the Frederick County Sheriff’s Office to cover the 25% remaining amount.The local match includes the warranty and software update package from the vendoras well as a portion of the computerworkstation. This is a one time cost with noadditional funds required in the future. Total Cost of Faro 3D Scanner andcomputer workstation$41,924.00 DCJS Grant provides75%oftotalcost$31,443.00 Sheriff’s Office provides 25% of the remainderofthe cost of the $10,481.00 Faro 3D Scannerincluding the necessarywarranty and software updates as wellas the additional computer workstation. If this grant is awarded, a new FY20or FY21 (depending on timing ofgrant award) appropriation would be required in the amount of $10,481.00(localportion). This is a one-timecostfor the Frederick County Sheriff’s Office. th, 2020. This grant application is due toBJA (Bureau of Justice Assistance) beforeApril 8 Thank you, LWM/bjs 67 39 68 40 69 41 6: 42 71 43 72 44 73 45 74 46 75 47 76 48 77 49 78 50 79 51 7: 52 81 53 82 54 83 55 84 56 85 57 86 58 87 59 BUDGETTRANSFERSAPRIL2020 DATEDEPARTMENT/GENERALFUNDREASONFORTRANSFERFROMTOACCTCODEAMOUNT 4/6/2020COUNTYOFFICEBUILDINGD/COURTHOUSEREPAIRSMILLWOODFIRESTATION43043004000021(9,636.25) COUNTYOFFICEBUILDINGD/COURTHOUSE430430040000229,636.25 4/7/2020COUNTYOFFICEBUILDINGS/COURTHOUSEHEATINGMILLWOODFIRESTATION43043010000005(1,100.00) COUNTYOFFICEBUILDINGS/COURTHOUSE430451020000211,100.00 4/7/2020AGRICULTUREPROGRAMSUPPLIES83015411000000(14.78) AGRICULTURE8301540100000014.78 AGRICULTURE83015801000000(690.00) AGRICULTURE83015401000000690.00 AGRICULTURE83013004000001(250.00) AGRICULTURE83015401000000250.00 4/8/2020JUVENILECOURTPROBATIONTRANSFERFUNDSFOROVERTIME33031005000000140.40 JUVENILECOURTPROBATION33035401000000(140.40) 4/13/2020CIRCUITCOURTFUNDSNEEDEDFORSUPPLIES(JURYMEMBERS)21013010000000(600.00) CIRCUITCOURT21015415000000600.00 4/13/2020ELECTORALBOARDANDOFFICIALSFUNDSNEEDEDFORPRIMARYELECTION13015506000000(2,000.00) ELECTORALBOARDANDOFFICIALS130154010000002,000.00 4/14/2020ANIMALSHELTERSERVICEGENERATOR43055101000000(2,500.00) ANIMALSHELTER430530040000002,500.00 ANIMALSHELTER43055102000000(3,500.00) ANIMALSHELTER430530040000003,500.00 0CLEARBROOKPARKADDITIONALSUPPLIESNEEDED71093004000001(700.00) 4/20/202 CLEARBROOKPARK71095408000000700.00 SHERANDOPARK71105413000001(581.00) SHERANDOPARK71103004000001581.00 4/20/2020CIRCUITCOURTTOCORRECTTRANSFERACCOUNTNUMBER21013010000002(600.00) CIRCUITCOURT21013000000000600.00 4/22/2020COUNTYOFFICEBUILDINGS/COURTHOUSESHORTWATER/SEWERPSB43043010000005(4,500.00) COUNTYOFFICEBUILDINGS/COURTHOUSE430451030000054,500.00 4/22/2020COUNTYOFFICEBUILDINGS/COURTHOUSEREPLACEDUCTLESSA/C43043004000022(9,636.25) COUNTYOFFICEBUILDINGS/COURTHOUSE430430040000219,636.25 4/22/2020COUNTYOFFICEBUILDINGS/COURTHOUSESHORTWATER/SEWERRHFS43045101000007(1,500.00) COUNTYOFFICEBUILDINGS/COURTHOUSE430451030000071,500.00 4/22/2020COUNTYOFFICEBUILDINGS/COURTHOUSESHORTINWATER/SEWER43043010000052(600.00) COUNTYOFFICEBUILDINGS/COURTHOUSE43045103000052600.00 4/23/2020ELECTORALBOARDANDOFFICIALSPPEPOLLWORKERS130154010000002,367.78 TRANSFERS/CONTINGENCY93015890000000(2,367.78) 4/24/2020PUBLICSAFETYCOMMUNICATIONSTRANSFERFUNDSTOOVERTIME3506100500000033,510.00 PUBLICSAFETYCOMMUNICATIONS35061001000010(33,510.00) 4/29/2020COMMISSIONEROFTHEREVENUENEWEMPLOYEESALARY12093010000000(720.81) COMMISSIONEROFTHEREVENUE12091001000000720.81 4/29/2020REFUSECOLLECTIONSTEXTILE/SHOEUNITALBIN42038900000000(2,300.00) REFUSECOLLECTIONS420354130000002,300.00 5/4/2020REASSESSMENT/BOARDOFASSESSORSADDITIONALFUNDSSUBSCRIPTIONS12103007000000(1,100.00) REASSESSMENTS/BOARDOFASSESSORS121054110000001,100.00 5/4/2020COMMISSIONEROFTHEREVENUEVEHICLEREPAIRANDMAINTENANCE12093004000002(500.00) REASSESSMENT/BOARDOFASSESSORS12103004000002500.00 5/4/2020SHERIFFCOVERDEFICIT31025506000001(9,000.00) SHERIFF310230040000019,000.00 5/4/2020MANAGEMENTINFORMATIONSYSTEMSXEROXMAYANDJUNE12225413000000(4,850.00) MANAGEMENTINFORMATIONSYSTEMS122290010000004,850.00 88 60 89 61 8: 62 91 63 92 64 93 65 94 66 95 67 96 68 97 69 98 70 99 71 CountyofFrederick,VA ReportonUnreservedFundBalance May14,2020 UnreservedFundBalance,BeginningofYear,July1,201946,064,113 PriorYearFunding&CarryforwardAmounts C/Fforfeitedassetfunds(52,251) C/FFireCompanyCapital(122,079) C/FSheriffinsuranaceclaimreimbursement(tent)(40,021) Closereservedfundbalances111,096 C/FAnimalShelterspay/neuter&bldgdesign(23,890) C/FRefuseprojects(337,657) C/FParksRecAccessProjectSherando(71,942) C/FMaintenanceprojects(52,755) C/FSheriffvehicle(25,835) C/FSchoolencumbrances(225,545) Recordretainage(44,653) ReclassSheriff'sgrant11,578 C/FunspentSchoolOperating(347,857) (1,221,812) OtherFunding/Adjustments CORrefundAcarLeasingLTD(10,315) CORrefundEnterpriseFMTrust(3,086) CORrefundHVTInc/HondaLeaseTrust(2,655) CORrefundToyotaLeaseTrust(18,366) PTtoFTCommAttyInvestigatorposition(19,895) AirportCapitallocalshare(409,164) SunnysidePlazadeposit(210,000) AirportdebtserviceCountyshare(27,750) Burnbuildingreplacementproject(257,019) CORrefundFisherScientific(25,084) CORrefundDennys(2,522) TransfertoCountyCapitalFund(F/Babove20%)(4,433,680) CORrefundFordMotorCredit(2,956) CORrefundMCDeanInc(3,359) CORrefundNILTInc(8,148) CORrefundPapermillSelfStorage(4,838) CORrefundToyotaLeaseTrust(5,376) CorrectPOcarryforward6,280 CORrefundMarcusTruelove(2,531) CORrefundC.WilsonFletcher(3,561) CORrefundBFIWaste(9,594) VJCCCAreturnupsentFY19funds(19,110) Marchprimaryelection(47,542) CORrefundDLPetersonTrust(6,541) CORrefundDisabledVeteran(5,729) CORrefundBB&T(63,583) CORrefundStonewallIILLC(2,870) CORrefundDisabledVeteran(7,550) CORrefundVectrenEnergy(4,534) (5,611,078) 9: FundBalance,May14,2020 39,231,223 72 :1 COUNTY OF FREDERICK Roderick B. Williams County Attorney 540/722-8383 Fax 540/667-0370 E-mail rwillia@fcva.us MEMORANDUM TO: Frederick County Board of Supervisors CC: Kris Tierney, County Administrator FROM: Roderick B. Williams, County Attorney DATE: May 18, 2020 RE: Commissioner of Revenue Refund Requests to authorize the Treasurer to credit the following entities: 1.Shenandoah Sheds $3,625.86 2.US Bank NA $4,939.38 Attachments :2 COUNTY OF FREDERICK Roderick B. Williams County Attorney 540/722-8383 Fax 540/667-0370 E-mail rwillia@fcva.us MEMORANDUM TO: Seth T. Thatcher, Commissioner of the Revenue Frederick County Board of Supervisors CC: Kris Tierney, County Administrator FROM: Roderick B. Williams, County Attorney DATE: May 18, 2020 RE: Refund Shenandoah Sheds I , dated May 11, 2020, to authorize the Treasurer to refund Shenandoah Sheds the amount of $3,625.86, for exoneration of business license renewal for 2020. This refund resulted from this business now registered and reporting as an LLC with an EIN. Originally this business was established as a sole proprietor. The business license amount will be billed to the new entity. The Commissioner verified that documentation and details for this refund meet all requirements. Pursuant to the provisions of Section 58.1-3981(A) of the Code of Virginia (1950, as amended), I hereby note my consent to the proposed action. The Board of Supervisors will also need to act on the request for approval of a supplemental appropriation, as indicated i memorandum. _________________________ Roderick B. Williams County Attorney Attachment :3 Frederick County, Virginia hCCL/9 hC /haaL{{Lhb9w hC I9 w99b 9 107 North Kent Street P.O. Box 552 Winchester VA 22601 Winchester VA 22604-0552 seth.thatcher@fcva.us www.fcva.us/cor SETH T. THATCHER Phone: 540-665-5681 COMMISSIONER Fax: 540-667-6487 - ¸ 11, 2020 TO: 2®£ 7¨««¨ ¬²Ǿ #®´­³¸ !³³®±­¤¸ #§¤±¸« 3§¨¥¥«¤±Ǿ &¨­ ­¢¤ $¨±¤¢³®± &±¤£¤±¨¢ª #®´­³¸ "® ±£ ®¥ 3´¯¤±µ¨²®±² +±¨² 4¨¤±­¤¸Ǿ #®´­³¸ !£¬¨­¨²³± ³®± FROM: 3¤³§ 4ȁ 4§ ³¢§¤±Ǿ #®¬¬¨²²¨®­¤± ®¥ ³§¤ 2¤µ¤­´¤ RE: Exoneration 3§¤­ ­£® § 3§¤£² ________________________________________________________________________________________͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑ Please approve a refund of $3,625.86 for a business license renewal for 2020. This refund reflects an exoneration to the business which was originally established as a sole proprietor under the name of Shenandoah Sheds. The business has now reported its registration as an LLC with an EIN and, therefore, this business license amount will then be billed to the new entity. 4® ¢®¬¯«¸ ¶¨³§ ³§¤ ±¤°´¨±¤¬¤­³² ¥®± ³§¤ 4±¤ ²´±¤± ³® ¨²²´¤ ³§¨² ±¤¥´­£Ǿ "® ±£  ¢³¨®­ ¨² required. 4§¤ #®¬¬¨²²¨®­¤± ³§¤ #®¬¬¨²²¨®­¤± ®¥ ³§¤ 2¤µ¤­´¤ȁ 0«¤ ²¤  «²®  ¯¯±®µ¤   ²´¯¯«¤¬¤­³ «  ¯¯±®¯±¨ ³¨®­ ¥®± ³§¤ &¨­ ­¢¤ $¨±¤¢³®± ®­ ³§¨² ±¤°´¤²³ȁ %·®­¤± ³¨®­ ¨² . $3,625.86 :4 :5 COUNTY OF FREDERICK Roderick B. Williams County Attorney 540/722-8383 Fax 540/667-0370 E-mail rwillia@fcva.us MEMORANDUM TO: Seth T. Thatcher, Commissioner of the Revenue Frederick County Board of Supervisors CC: Kris Tierney, County Administrator FROM: Roderick B. Williams, County Attorney DATE: May 18, 2020 RE: Refund US Bank NA I , dated May 11, 2020, to authorize the Treasurer to refund US Bank NA the amount of $4,939.38, for exoneration of personal property taxes for 2019. This refund resulted from vehicles that were sold. The Commissioner verified that documentation and details for this refund meet all requirements. Pursuant to the provisions of Section 58.1-3981(A) of the Code of Virginia (1950, as amended), I hereby note my consent to the proposed action. The Board of Supervisors will also need to act on the request for approval of a supplemental appropriation, as indicated i memorandum. _________________________ Roderick B. Williams County Attorney Attachment :6 Frederick County, Virginia hCCL/9 hC /haaL{{Lhb9w hC I9 w99b 9 107 North Kent Street P.O. Box 552 Winchester VA 22601 Winchester VA 22604-0552 seth.thatcher@fcva.us www.fcva.us/cor SETH T. THATCHER Phone: 540-665-5681 COMMISSIONER Fax: 540-667-6487 - ¸ ΐΐ, 2020 TO: 2®£ 7¨««¨ ¬²Ǿ #®´­³¸ !³³®±­¤¸ #§¤±¸« 3§¨¥¥«¤±Ǿ &¨­ ­¢¤ $¨±¤¢³®± &±¤£¤±¨¢ª #®´­³¸ "® ±£ ®¥ 3´¯¤±µ¨²®±² +±¨² 4¨¤±­¤¸Ǿ #®´­³¸ !£¬¨­¨²³± ³®± FROM: 3¤³§ 4ȁ 4§ ³¢§¤±Ǿ #®¬¬¨²²¨®­¤± ®¥ ³§¤ 2¤µ¤­´¤ RE: Exoneration 53 " ­ª .! _______________________________________________________________________________________________͑͑͑͑͑͑͑͑͑͑ Please approve a refund of $4,939.38 for personal property taxes for 2019 in the name of US Bank NA. This refund reflects an exoneration for vehicles that were sold. 4® ¢®¬¯«¸ ¶¨³§ ³§¤ ±¤°´¨±¤¬¤­³² ¥®± ³§¤ 4±¤ ²´±¤± ³® ¨²²´¤ ³§¨² ±¤¥´­£Ǿ "® ±£  ¢³¨®­ ¨² required. ³§¤ #®¬¬¨²²¨®­¤± ®¥ ³§¤ 2¤µ¤­´¤ȁ 0«¤ ²¤  «²®  ¯¯±®µ¤   ²´¯¯«¤¬¤­³ «  ¯¯±®¯±¨ ³¨®­ ¥®± ³§¤ &¨­ ­¢¤ $¨±¤¢³®± ®­ ³§¨² ±¤°´¤²³ȁ Exonerat¨®­ ¨² . $4,939.38 :7 :8 :9 COUNTY of FREDERICK Office of the County Administrator Ann W. Phillips Deputy Clerk, Board of Supervisors Tel: 540.722.8273 Fax: 540.667.0370 M E M O R A N D U M To:Board of Supervisors From:Ann W. Phillips, Deputy Clerk to the Board Re:Rules of Procedure Date:May 20, 2020 The Board may recall that adoption of updated Rules of Procedure was postponed at the organizational meeting in January of this year. In February, Supervisor Fisher volunteered to review the proposed updates. He provided a new draft document and further changes were offered by Supervisor McCarthy. At the May 13 meeting, the Board agreed by consensus to have staff compile the changes into a final draft for the Board’s consideration. County Attorney Rod Williams has provided the attached version incorporating the updates suggested by the Board members. If the Board finds the Rules to be acceptable in the form presented, an action to adopt the amended Rules would be appropriate. :: RULES OF PROCEDURE AND CONDUCT FREDERICK COUNTY BOARD OF SUPERVISORS Adopted by the Frederick County Board of Supervisors at a Regular Meeting Held on May 28, 2003 ARTICLE I – MEETINGS Section 1-1. Annual Meeting; Schedule of Regular Meetings \[Amended 01/09/19\] On the second Wednesday of January of each year, or on such other date in the month of January as it may designate, the Board shall assemble in the Board of Supervisors’ Meeting Room of the County Administration Building, 107 North Kent Street, Winchester, Virginia, or such other public place as it may designate, in regular session and conduct its annual or organizational meeting. During the course of such meeting, the Board shall fix the date, time, and place of all of its regular meetings during the ensuing calendar year, and shall fix the day on which a regular meeting shall be continued should the Chairman later declare that weather or other conditions make it hazardous for members to attend. Thereafter, no changes shall be made to the schedule of regular meetings and continued dates of same unless the requirements of Section 15.2-1416 of the Code of Virginia, 1950, as amended, are first met, except that the Chairman may cancel a regular meeting in extenuating circumstances. Section 1-2. Special Meetings The Board of Supervisors may hold such special meetings as it deems necessary and at such times and places as it may find convenient. A special meeting can only be called pursuant to the requirements imposed by Sections 15.2-1417 and 15.2-1418 of the Code of Virginia, 1950, as amended. Section 1-3. Continued Meetings Upon majority vote of the members attending, the Board may continue its meetings, regular or special, from time to time as it may find convenient or necessary with no requirement to further advertise or announce. Section 1-4. Quorum and Method of Voting At any meeting, a majority of the Supervisors shall constitute a quorum. All questions submitted to the Board for decision shall be determined by a majority vote of the Supervisors present and voting on any such question, unless otherwise provided by law or these Rules of Procedure. The name of each member voting and how he or she voted will be recorded for each action taken by the Board of Supervisors. The Board of Supervisors has elected not to have a tiebreaker, as provided for by the Code of Virginia, 1950, as amended. 211 1 Section 1-5. Motions Subject to limitations imposed hereafter in these rules, discussion of items on the agenda shall be permitted for purposes of clarifying the issues and/or the options available for consideration. No call for a vote shall be allowed until a member of the Board moves a specific action with reasonable clarity and each member of the Board has thereafter had an opportunity to speak to the specific motion. Motions shall require a second. When possible, Board members making complex, multi-part, or lengthy motions are requested to provide the clerk with a written copy of the motion at the time the motion is made. Section 1-6. Motion to Adjourn At a meeting of the Board, a motion to adjourn shall always be in order and shall be decided without debate, provided each member of the Board is given a reasonable opportunity to be heard. Section 1-7. Motions While a Question is Under Debate When a motion is under debate at a meeting of the Board, no motion shall be received unless it is one to amend, to refer to committee, for the previous question, for a substitute motion to lay on the table, or to recess or adjourn. Section 1-8. Reconsideration of Motions, Etc., Upon Which Vote Has Been Announced; Rescission of Previous Actions \[Amended 05/27/20\] At any meeting of the Board, when any vote upon any motion, resolution, ordinance, or question has been previously announced at that meeting, the Board may not reconsider the matter unless and until a motion to that effect is presented at that meeting by a member of the Board who voted with the prevailing side when such motion, resolution, ordinance, or question was considered. Any such motion to reconsider shall be decided by a majority vote of the members present at the time such motion to reconsider is presented. If the Board approves the motion to reconsider, the Board shall then proceed with debate on the matter as it was pending prior to the original vote on the matter. At a subsequent meeting of the Board, the Board may not rescind any motion, resolution, ordinance, or question announced at a previous meeting, except and unless: -The action at issue is practically capable of being rescinded (e.g., a completed transaction or an approval upon which a party has detrimentally relied may not be the subject of a motion to rescind); -A Board member makes the motion to rescind not more than 30 days after the vote upon the matter; and either -If the Board member has given notice of intent to make the motion to rescind, either by giving such notice at the immediately previous meeting of the Board or by requesting inclusion of the motion to rescind on the agenda for the meeting at which the Board member intends to make the motion, and such motion to rescind receives 212 2 the affirmative vote of a majority of the members present at the time such motion to rescind is presented; or -If the Board member has not given such notice of intent to make the motion to rescind, the motion to rescind receives the lesser of (i) the affirmative vote of a majority of the members (including those not present at the time such motion to rescind is presented) or (ii) the affirmative vote of two-thirds of the members present at the time such motion to rescind is presented. This situation of having not given notice shall be an exception to the notice requirements of Article V, Section 5-1 and, in the circumstances in the previous clause, if the requisite vote is obtained, advance notice to the Clerk is not required. If the Board approves a motion to rescind, the Board shall proceed with debate on the matter as it was pending prior to the original vote on the matter, but such debate and further decision of the matter shall take place not sooner than the next regularly scheduled meeting of the Board. If the matter was the subject of a public hearing, approval of the motion to rescind shall require the readvertising and reopening of the public hearing at a subsequent meeting of the Board, before the Board may take further action on the matter. Section 1-9. Robert’s Rules of Order; Suspending Rules \[Amended 09/14/11\] \[Amended 02/14/18\] The proceedings of the Board of Supervisors, except as otherwise provided in these rules and by applicable State law, shall be governed by the latest version of Robert’s Rules of Order, Simplified and Applied, with the exception of motions to postpone. Motions to postpone shall be for durations as decided by the Board of Supervisors and in conformity with the Code of Virginia, 1950, as amended, as applicable. These Rules of Procedure of the Board may only be suspended on presentation of a motion to that effect, which is carried by majority vote of the members present and voting. Section 1-10. Board to Sit with Open Doors The Board of Supervisors shall sit with open doors, and all persons conducting themselves in an orderly manner may attend the meetings. However, the Board may hold closed meetings as permitted by law. Closed meetings may be placed on the agenda or may be requested by any member of the Board. However, no closed meeting shall be convened unless and until the Board has favorably acted on a motion to so convene, and then, only if such motion accurately states a lawful reason for such closed meeting as permitted by and outlined in Section 2.2-3711 of the Code of Virginia, 1950, as amended. Section 1-11. Limitations on Duration and Hour of Meetings; Adjournment Meetings of the Board of Supervisors shall not continue for more than 4 consecutive hours or later than 11:00 P.M. without the consent of a majority of the members present. Should it appear to the Chair that the matter or matters before the Board cannot be heard within the time remaining, the Chair shall poll the members of the Board to determine the desire of the 213 3 members. The Chair shall adjourn or recess the meeting upon final action on the current agenda item unless a majority of the members agree to exceed the limits established by this section. Any items not taken up by the Board of Supervisors prior to adjourning will be added to the agenda of the next meeting without further action of the Board. ARTICLE II – GENERAL CODE OF CONDUCT \[Added 5/27/20\] Section 2-1. General Conduct A.Each Board member will treat fellow Board members, citizens, staff, employees, and committee members with respect. B.Members of The Board, as individuals, have no legal authority to bind the County outside the meetings of The Board. C.To ensure the highest standards of respect and integrity during public meetings, the Board will observe the following: 1.Board members will refrain from engaging in dialogue with members of the public during hearings or citizen comments periods. 2.Board members will honor the role of the presiding officer in maintaining order and equity and respect the efforts to focus discussion on current agenda items. Section 2-2. Roles and Responsibilities A.The role of the Board of Supervisors is to develop County policy. The role of the County Administrator is to direct the fulfillment of County policy in the day to day oversight of County staff. B.Board members will ensure that policy decisions and directions are communicated from the entire Board; no single member will provide direction on policy implementation to the County Administrator. C.Board members’ interactions with staff should not unreasonably interfere with employee productivity. Board members should refrain from making requests that may unreasonably affect workload. Members of The Board will not give direction to any County staff member. Any request for action, which is not part of the routine or customary work of a committee or for routine or customary assistance, will be submitted to the County Administrator for consideration by The Board if necessary. D.Board members will forward any concerns about employees or staff to the County Administrator. Concerns about the County Administrator will be forwarded to the Chairman and presented as necessary to the Board in executive session for discussion. E.Board members will forward citizen complaints to the County Administrator for him to pass on to the appropriate personnel. 214 4 F.Board members will not discuss or disclose to any person not a party to the privileged discussion any matter involving communication between the Board and legal counsel or any aspect of legal strategy or work product without approval of the full Board to avoid waiver of legal privileges. G.Board members will not discuss any matter that has been presented to the Board in closed session with the public or otherwise make disclosure of such matters, unless the full Board authorizes disclosure, or unless such matter has become a part of the public record, and only then shall discussion be allowed to the extent that no undisclosed or privileged information is disclosed. H.The Board recognizes that documents related to County Business, including all electronic transmittals sent or received in the performance of their duties as a Board Member, are subject to the requirements of the Freedom of Information Act. I.When responding to the media, Board members will make sure there is a clear distinction between personal opinion or belief and a position of the Board. Whenever appropriate, the Public Information Officer will assist in communications with citizens and the media. J.If a Board Member repeatedly violates this Code of Conduct, the Board may, by an affirmative vote of a majority of the Board, officially censure that member. Article III - OFFICERS Section 3-1. Chairman and Vice Chairman \[Amended 01/14/09\] At the annual or organizational meeting of the Board of Supervisors, as described in Section 1-1 hereof, the Board shall elect from its membership a Vice Chair, who shall serve for a one year term expiring on December 31st of the same year in which he or she is elected; provided, however, that unless the term of office has expired and the member has not been re- elected, the Vice Chair shall serve until their respective successor(s) shall have been elected and qualify. In the event that the Chair is absent from any meeting, the Vice Chair shall assume the authority and duties of the Chair. In the event the Chair and Vice Chair are absent from any meeting of the Board, then the members present at such meeting shall choose one of their number as temporary Chair by majority vote of the members present and voting. Section 3-2. Authority of the Chairman The efficient and dignified conduct of public business is the ultimate concern of the Board. Accordingly, it is the policy of the Board that its meetings be conducted with the highest degree of order and decorum, and the Board will permit no behavior, which is not in keeping with this policy. The Chairman shall preserve order and decorum at all meetings. He shall recognize persons desiring to speak and shall ensure that speaker’s comments are limited to the issue before the Board for consideration and that any limitations on time are observed. The Chairman shall ensure that all persons entitled and desiring to speak are permitted to do so without interruption or comment during their presentation. The Chair shall determine if 215 5 statements are demeaning, inappropriate, or out of order, and shall have the authority to revoke the speaker’s right to continue. The Chairman may order the expulsion of any person for violation of rules, disruptive behavior, or any words or action that incite violence or disorder, subject to appeal to the Board. Any person so expelled shall not be readmitted for the remainder of the meeting from which he was expelled. Any person who has been so expelled and who at a later meeting again engages in words or actions justifying expulsion may be barred from attendance at future meetings of the Board for a specified and reasonable period of time not to exceed six months or upon a still subsequent expulsion, a period not to exceed one year, either by the Chairman, subject to appeal to the Board, or by motion passed by the Board. The Chairman shall have the power to administer an oath of honesty to any person concerning any matter submitted to the Board or connected with its powers and duties. The power to administer an oath granted to the Chair in this section shall be no greater than the same power authorized by Section 15.2-1410 of the Code of Virginia, 1950, as amended. Section 3-3. Clerk \[Amended 05/27/20\] The Clerk of the Board shall be the County Administrator, and the duties and responsibilities of that position shall be as specified in Section 15.2-1539 of the Code of Virginia, 1950, as amended. At the discretion of the Board, any county employee can be designated as Deputy Clerk, or Temporary Clerk, as the circumstances may require, and said employee shall have the same powers and duties outlined herein for the duration of said appointment. ARTICLE IV – AGENDA Section 4-1. Preparation The Clerk shall prepare an agenda for each meeting of the Board of Supervisors, conforming to the order of business specified in Section 5-1 under Order of Business. Supporting information for every item to be placed on the regular meeting agenda shall be received in the Office of the County Administrator before noon on the Thursday that falls in the week immediately prior to the regularly scheduled Board meeting. Agendas for special meetings shall be prepared as far in advance as the circumstances necessitating the special meeting allow. The clerk shall include on the agenda all matters for which a written request and supporting information have been received in advance of the deadline herein established. Section 4-2. Delivery Each member of the Board shall receive the regular meeting agenda, along with the supporting information available to staff, on the Friday of the week prior to the regular meeting to be held on the second and fourth Wednesdays of each month. Special meeting agendas and supporting information will be delivered as far in advance as the circumstances necessitating the special meeting allow. 216 6 Section 4-3. Posting and Notice \[Amended 02/14/18\] A copy of the meeting agendas shall be made available in the Office of the County Administrator, as of the date and time the information is distributed to members of the Board. Agendas will also be posted on the county web page and outside the main entrance to the Board of Supervisors’ meeting room. Section 4-4. Copies \[Amended 02/14/18\] Individuals desiring complete copies of agenda packages shall arrange with the Clerk for the delivery and cost of the information desired. ARTICLE V - CONDUCT OF BUSINESS Section 5-1. Order of Business \[Amended 06/11/03\]; \[Amended 01/14/04\]; \[Amended 02/14/18\]; \[Amended 08/08/18\]; \[Amended 05/27/20\] At meetings of the Board, the order of business should be as follows: Closed Session (When Required) Call to Order Invocation Pledge of Allegiance Adoption of Agenda Citizen Comments (Agenda Items Only, That Are Not Subject to Public Hearing.) Consent Agenda (Will contain Minutes and Committee Reports) Board of Supervisors Comments County Officials Committee Business Public Hearings – Non Planning Issues (When Required) Planning Commission Business Public Hearings (When Required) Other Planning Commission/Department Business Liaison Reports (If Any) Citizen Comments Board of Supervisors Comments Adjournment Items as to which a Board Member requests that the Board take action shall be submitted to the Clerk in accordance with Section 4-1 and shall not be heard under either of the Board of Supervisors Comments portions of the agenda. 217 7 Section 5-2. Adoption of Agenda The agenda presented for adoption shall be the agenda prepared and delivered as required in Article IV. Additions, deletions, or modifications and/or adoption of the agenda shall require the consent of a majority of the members of the Board present at the meeting. Section 5-3. Consent Agenda The Consent Agenda shall be introduced by a motion “to approve the Consent Agenda,” and shall be considered by the Board as a single item. There shall be no debate or discussion by any member of the Board regarding any item on the Consent Agenda, beyond asking questions for simple clarification. On objection by any member of the Board of Supervisors to inclusion of any item on the Consent Agenda, that item shall be removed from the Consent Agenda forthwith. Such objection may be recorded at any time prior to completing the taking of a vote on the motion to approve the Consent Agenda. Items which have been objected to and removed from the Consent Agenda shall be acted upon in the original order presented within the agenda. Approval of the motion to approve the Consent Agenda shall constitute approval, adoption, or enactment of each motion, resolution, or other item of business thereon, exactly as if each had been acted upon individually. Section 5-4. Citizen Comments Period \[Amended 4/14/04\] \[Amended 01/10/18\]; \[Amended 02/14/18\]; \[Amended 05/27/20\] Two Citizen Comments periods shall be furnished during every regular meeting of the Board of Supervisors. The first Citizen Comments period shall occur after the adoption of the agenda and shall be a time for citizens to address agenda items that are not scheduled for public hearing. A register for persons desiring to address the Board of Supervisors during this Citizen Comments period shall be furnished prior to the beginning of every regular meeting of the Board of Supervisors. Citizens desiring to address the Board of Supervisors during this period shall be signed up to speak by providing their own name and Magisterial District on a register list provided for this purpose by the Clerk to the Board. The Chair shall determine from the register the approximate number of persons desiring to comment and may establish the manner in which speakers are recognized and the length of time each may speak. The second Citizens Comments period shall occur prior to the Board of Supervisors Comments at the end of the meeting and shall be a time for citizens to address the Board of Supervisors on issues that are relevant to the County. Citizens desiring to address the Board of Supervisors during this period are not required to register; however, each shall state their name and their Magisterial District of residence prior to their comments. Any person desiring to address the Board of Supervisors during the Citizen Comments periods shall be required to abide by the rules governing such presentations as set forth in these rules in Article VII-Citizen Responsibilities. Members of the Board shall neither engage in debate with, nor shall they be expected to answer questions posed by individuals speaking during the Citizen Comment period. 218 8 Section 5-5. Scheduled Presentations Any person desiring to address the Board of Supervisors for a presentation under County Officials shall be required to abide by the rules governing such presentations as set forth in these rules in Article VII-Citizen Responsibilities. Any citizen or staff member who desires to address the Board during the County Officials portion of the agenda at a regular meeting shall submit a written request to the Clerk, or his/her designee, identifying, with reasonable certainty, the subject matter of the presentation. Such request must be in the Clerk’s hands not later than the agenda deadline specified in Section 4-1 hereof. Only the person requesting to make the presentation may do so, unless otherwise permitted by the Chair, and every such speaker shall be subject to a five minute time limit for the presentation itself, which limit can be extended with agreement of the Chairman. Board member questions and discussion of the material presented shall not be subject to any time limit. Persons making presentations should be prepared to answer questions and provide detailed information in response to questions from members of the Board. ARTICLE VI - PUBLIC HEARING ITEMS Section 6-1. Format for Public Hearing Items It is the purpose and objective of the Board of Supervisors to give each citizen an opportunity to express his/her views on the issue(s) at hand at public hearings and to give all speakers equal treatment and courtesy. While it is often necessary to have a presentation by an applicant and staff, it is the desire of the Board to hear from the public; and therefore, the applicant and staff presentations will be as brief as possible. In order to accomplish this objective, it is necessary that certain rules of order prevail at all public hearings of the Board of Supervisors as follows: Section 6-2. Order of Business \[Amended 05/27/20\] For public hearing items, the order of business will be as follows: (a)Identification of Issue and Verification of Notice (b)Staff and/or Applicant Presentation (c)Public Comment (d)Close of Public Comment (e)Board Member Questions (f)Staff, Applicant Response (g)Board discussion and/or consideration 219 9 Section 6-3. Identification of Issue and Verification of Required Notice The Chair shall call upon the appropriate county staff member to verify that any required notice has been given and to read or summarize the notice for the benefit of those attending the public hearing. Section 6-4. Staff and/or Applicant Presentation The Chair will call upon the appropriate county staff and/or applicant to present such information as is necessary to explain the action requested of the Board of Supervisors. Presentations will be brief, concise summaries for the Supervisor’s and the public's information and understanding, provided that sufficient time will be allowed to present, properly and fairly, the subject matter. When written information has been provided prior to the hearing, that information should be summarized, and only new information should be presented in detail at the meeting. Section 6-5. Public Comment \[Amended 05/27/20\] Any person desiring to address the Board of Supervisors at a Public Hearing conducted by the Board of Supervisors shall be required to abide by the rules governing such presentations as set forth in these rules in Article VII-Citizen Responsibilities. A register for persons desiring to address the Board of Supervisors during the public comment period shall be furnished prior to the beginning of every regular meeting of the Board of Supervisors. Citizens desiring to address the Board of Supervisors during a public hearing item comment period should provide their name and their Magisterial District of residence on the register list provided. Prior to commencing public comment, the Chair shall determine from the register list the approximate number of persons desiring to comment and may establish the manner in which speakers are recognized and the length of time each may speak. Section 6-6. Order of Speaking Members of the public shall be permitted to speak as the Chair recognizes each, provided that no member of the public shall be recognized to speak a second time until all persons desiring to speak have had an opportunity to do so. In the event the number of persons desiring to speak necessitates a register, speakers shall be recognized in the order in which they have registered. In the event the number of speakers results in the continuation of a public hearing, any persons registered but not heard at the initial Public Hearing will be the first given an opportunity to speak at the continued hearing. Section 6-7. Presentation of Comments Each person may address the Board as many times as the Chair, in his or her discretion, may allow, but no speaker shall exceed the total time limit set by the Chair. 21: 10 Section 6-8. Board Members’ Questions Upon completion of a presentation by staff, applicant or member of the public, any member of the Board may ask questions to enhance their understanding of the issue, verify information presented or clarify the action or actions requested. Members of the Board shall not engage in debate with the person or persons making the presentation. Section 6-9. Staff and/or Applicant Response The Chairman shall call on the staff or applicant for any response on closing comments with reference to the public hearing presentations. Section 6-10. Close of Hearing When the Chair of the Board shall have closed a public hearing, no further public comments shall be received. Section 6-11. Board Discussions and/or Consideration At the close of the public hearing, the Board of Supervisors shall, at its discretion, act or defer action upon the matter set for public hearing. In the event the Board defers action to a later date, the record shall be left open to receive written comments up until the time that a vote is taken. ARTICLE VII - CITIZEN RESPONSIBILITIES Section 7-1. Application of Rules Any person desiring to address the Board of Supervisors during any portion of a meeting designated for public comment shall be required to abide by the rules governing such presentations as hereafter set forth in these rules. Section 7-2. Addressing the Board All persons speaking at a meeting of the Board during any portion of a meeting designated for public comment shall address their comments to the Board of Supervisors and shall limit their comments to matters before the Board of Supervisors. Speakers shall not engage in debate with other speakers or members of the public. Questions shall not be asked of other speakers but may be directed to the Chairman of the Board for consideration by the Board in later deliberating the matter. 221 11 Section 7-3. Conduct while Speaking/Conduct While Not Speaking Persons speaking at a meeting of the Board of Supervisors shall do so in a courteous manner. Cursing or other obscene language or gestures, threats, insults, or other actions intended to harass, provoke or incite a fight, brawl, or other such disorderly response will not be permitted. Any person whose conduct is contrary to this section will be removed as provided for in section 3-2 of these rules. Board members are expected to observe the same decorum at all meetings. Section 7-4. Name and Magisterial District of Residence \[Amended 02/14/18\] Individuals addressing the Board during any portion of a meeting designated for public comment shall clearly state their name and Magisterial District of residence prior to making any further comments. Should a person be recognized to speak more than once, they shall identify themselves each time before speaking. Section 7-5. Organizational Representation Any person speaking at any portion of a meeting designated for public comment, who represents himself as being an officer or representative of an organization, group, association, corporation, or other entity, shall, upon request of a member of the Board, disclose for the organization, group, association, corporation, or other entity, the history, size, dues, structure, date of creation, requirements for membership, tax status; and shall reveal the organizations method of determining its official position and the speaker’s authority to represent the organization. Unreasonable failure to provide this information to the satisfaction of the Board of Supervisors shall bar the speaker from speaking on behalf of the organization. Section 7-6. Order of Speaking Persons speaking during any portion of a meeting designated for public comment shall do so in the order in which they are recognized and called upon by the Chair. Section 7-7. Time Limits \[Amended 05/27/20\] Each person speaking during any portion of a meeting designated for public comment shall observe a time limit of three minutes for his or her comments and shall yield the floor when informed their time has expired. Section 7-8. Registration \[Amended 02/14/18\] Should registration of speakers be required, all persons desiring to speak shall sign the register, providing their name and Magisterial District of residence. 222 12 Section 7-9. Written Copy of Comments Speakers are requested, but not required, to leave written statements and/or comments with the Clerk or Deputy Clerk of the Board to be incorporated into the written record of the meeting. Section 7-10. Information Sources No person who speaks or otherwise presents information during any portion of a meeting designated for public comment shall knowingly present false or untrue information to the Board of Supervisors, and shall, upon request of any Board Member, provide the source of any information presented. ARTICLE VIII – APPOINTMENTS Section 8-1. Appointments by the Chairman of the Board The Chairman shall appoint members of the Board to such authorities, boards, commissions, committees or other organizations or positions as the Board shall so authorize and to appoint various citizen members to Board’s standing committees. The following positions are appointed by the Chairman each January. STANDING COMMITTEES OF THE BOARD APPOINTED BY THE CHAIRMAN: Finance Committee Code and Ordinance Committee Human Resources Committee Public Safety Committee Public Works Committee Technology (IT) Committee Transportation Committee OTHER APPOINTMENTS MADE BY THE CHAIRMAN: Board Liaison to Fire & Rescue Association Board Liaison to Frederick Water Board Board Liaison to Planning Commission County Representatives to the Frederick County-Winchester Joint Finance Committee Section 8.2. Appointments by the Board of Supervisors \[Amended 01/25/06\]; \[Amended 02/14/18\]; \[Amended 08/08/18\] Each board member may nominate citizen members to be appointed to the various authorities, boards, commissions, and committees where a representative is needed from a member’s respective magisterial district or for the county at large. (Note: A current list of boards and committees is available on the County website.) A majority vote of those board members present shall be required to appoint a nominee to said authority, board, commission, or committee. Prior to Board action on a prospective nominee, the following process shall be followed: 223 13 1.Applications are required for positions on bodies created by the Board of Supervisors. For non-Frederick County boards such as regional or community-based bodies, the Board of Supervisors will accept and consider nominations from those boards while reserving the right to appoint its preferred candidate. The application form, or Committee Appointments Informational Data Sheet, is available on the County website, www.fcva.us, or through the County Administrator’s Office. A completed application (Informational Data Sheet) shall be required for all initial nominations; however, a completed application (Informational Data Sheet) for candidates being reappointed shall not be required. 2.Applications must be received in the County Administrator’s Office by 5:00 p.m. on the Wednesday preceding a Board meeting in order to be included in the agenda for review by the members of the Board. 3.Any applications received after the deadline specified above will be held for review until the next regularly scheduled meeting of the Board. ARTICLE IX – Electronic Devices \[Added 05/27/20\] Section 9-1. Devices Use of County-issued computers, tablets, and other devices and use of County email accounts shall be for County business purposes only. Section 9-2. Email Accounts Due the requirements of the Freedom of Information Act (FOIA) and record archiving purposes, Board members are strongly encouraged to use only the email account provided by the County to conduct business for the County. When responding to emails that are sent to all Board members, respond by replying only to the sender. Email, like all written correspondence, is subject to the FOIA. 224 14 Article X -- AMENDMENTS Section 10-1. Amendments These Rules of Procedure may from time to time be revised, repealed, or otherwise amended upon an affirmative vote by a majority of the members of the Board of Supervisors present and voting. (Adopted: 05/28/03) (Amended: 06/11/03) (Amended: 01/14/04) (Amended: 04/14/04) (Amended: 01/25/06) (Amended: 01/14/09) (Amended: 09/14/11) (Amended: 01/10/18) (Amended: 02/14/18) (Amended: 08/08/18) (Amended: 01/09/19) (Amended: 05/27/20) 225 15 226 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 THROUGH: Kris C. Tierney, County Administrator FROM: Jay E. Tibbs., Deputy County Administrator DATE: May 21, 2020 RE: Acceptance of Coronavirus Aid, Relief and Economic Security (CARES) Act Funding On March 25, 2020, the Board ratified the County Administrators declaration of a local emergency effective March 17, 2020 subsequent to declarations of states of emergency by the President and the Governor of Virginia. Since that time, Congress passed the CARES Act, which established a $150 billion Coronavirus Relief Fund (CRF) to assist state, local, territorial, and tribal governments with directs costs associated with the COVID-19 pandemic. Virginias allocation of these funds is $3.1 billion. On May 12, 2020, the Virginia Secretary of Finance notified the County that its allocation of Coronavirus Relief Funds made available through the CARES Act is $7,792,215. This allocation was determined on a population-based distribution. In order to receive these funds, the County had to submit a certification to the state by May 22, 2020, which acknowledged the requirements for use of this funding. The funding is for eligible expenses related to Frederick Countys response to the pandemic which could include for example: -Acquisition of personal protective equipment and other sanitization and disinfectant product purchases. -Facility and workspace modifications (e.g. to allow appropriate social distancing). -Technology and equipment costs incurred to expand utilization of telework. 227 rginia 22601-5000 It is important to note that federal guidance specifically prohibits the use of CARES/CRF funding to offset any losses of revenue incurred by the locality. Because the of quick turn around to get the paperwork submitted to the State in order to be receive Frederick Countys allocation, staff submitted the certification paperwork in order to meet the May 22, 2020 submission deadline. If the Board is agreeable with accepting these funds, staff is seeking Board action to accept the federal funds made available to the County through the Commonwealth of Virginia from the Coronavirus Aid, Relief and Economic Securities Act and to ratify Staffs submittal of the certification paperwork. A copy of the certification document is attached. Please do not hesitate to contact staff should you have any questions. Attachment 228 rginia 22601-5000 229 22: 231 COUNTY of FREDERICK Office of the County Administrator Tel: 540.665.6382 Fax:540.667.0370 MEMORANDUM TO: Board of Supervisors FROM: Ann W. Phillips, Deputy Clerk DATE: May 21, 2020 RE: Committee Appointments Listed below are the vacancies/appointments due through June 2020. As a reminder, in order that everyone have ample time to review applications, and so they can be included in the agenda, please remember to submit applications prior to Friday agenda preparation.Your assistance is greatly appreciated. MARCH 2020 Conservation Easement Authority (CEA) Ron Clevenger –Frederick County Representative 1028 Welltown Road Winchester, VA 22603 Home: (540)323-0630 Term Expires: 03/23/20 Three-year term (Mr. Clevenger does not wish to serve another term.) (The Conservation Easement Authority was established in August 2005. The Authority consists of seven citizen members, one member from the Board of Supervisors and one member from the Planning Commission. Members should be knowledgeable in one or more of the following fields: conservation, biology, real estate and/or rural land appraisal, accounting, farming, or forestry. Members serve a three-year term and are eligible for reappointment.) JUNE 2020 Lord Fairfax Community College Board (LFCC) Michael A. Lake –Frederick County Representative 232 Memorandum –Board of Supervisors May21,2020 Page 2 861 Valley View Drive Winchester, VA 22603 Phone: (540)533-2169 Term Expires: 06/30/20 Four-year term (Mr. Lake is eligible for reappointment, is willing to continue serving and is recommended for reappointment by Lord Fairfax Community College.)The County has two seats on the Lord Fairfax College Board.(see attached).Members serve a four-year term and may serveonlytwo consecutive terms.Also see attached application of Brandon Monk. Social Services Board Ryan C. Shaw –Red Bud District Representative 110 Foxglove Drive Winchester, VA 22602 Phone: 877-4978 Term Expires: 06/30/20 Four-year term (Mr. Shaw has moved from the Red Bud District.)The Social Services Board is comprised of seven members, one member from each magisterial district and one member at large. Members serve a four-year term and are limited to two consecutive terms.) Winchester Regional Airport Paul G. Anderson, Jr. –Frederick County Representative 1009 Germany Road Stephens City, VA 22655 Phone: (540)869-2182 Term expires: 06/30/20 Four-year term VACANCIES/OTHER Board of Equalization Luther O. Stiles –Frederick County Representative 114 Lane Street Stephens City, VA 22655 233 Memorandum –Board of Supervisors May21,2020 Page 3 Home: (540)869-2504 Term: 01/01/17 -12/31/19 Three-year term (Mr. Stiles does not wish to serve another term.) Vacancy –Frederick County Representative Term Expired 12/31/18 Three-year term (The Board of Equalization is composed of five members. Members must be free holders in the county. In October 2010, the Board of Supervisors appointed the Board of Equalization as a “permanent” board for subsequent reassessments. The original five members were appointed for the following terms: one member for a one-year term; one member for a two-year term; and three members for a three-year term. Going forward, all future appointments shall be for a three-year term. Recommendation for appointment/reappointment are made by the Board of Supervisors and submitted to the Judge of the Frederick County Circuit Court for final appointment.) Winchester-Frederick County Tourism Board Joint Appointment with the City of Winchester Andy Gyurisin –Private Sector Rep. (Nerangis Management Corp. –Alamo Draft House) 177 Kernstown Commons Blvd. Winchester, VA 22602 Office: (540)667-1322, Ext. 111 Term Expires: 06/30/19 Three-year term (The Tourism Board was formed by Joint Resolution of the Board of Supervisors and the City Council in April 2001. Recommendation for appointment is contingent upon like approval by the City of Winchester.) AWP Attachments 234 235 236 237 238 Dear Board Members, I have twoitems I would like the Board to consider in the next meeting. They include a motion and one point of discussion. I have included the Motion and Discussion I would like to address and the reasons for them. Thank you for your consideration. Motion . Amendment to Budget Motion. Having voted in the affirmative for the Frederick County FY21 budget, I would like to offeran amendment to withhold $4.8 million in FY21 until the county knows that we will actually have the projected revenue that was outlined in the budget proposal. Reasons: The $4.8 million represents the expectednatural growthincrease in revenue over the FY20 revenue projections. On a 57/43 split between the schools and county, the dollar amount of withholdings would be $2.8 million to the schools and $2.0 million to the county. To his credit, the county administrator already has made adjustments to hisbudget to accommodate for the possibility of not having the revenue to meet the budget next year. The county will have a better idea of total actual revenue for FY20 in the next month with exact numbers in August 2020. The schools expected revenue from the state/federal sourcesfor FY21 is expected to actually increaseby $3.9 millionover the FY20 amountswhich may offset part of the $2.8 million held until actually received.The total county transfer to the schools is about $109.1 million. In addition, the schools can consider other cost savingsincluding adjustments for SSO positionsconsidering the county has already funded SRO positions to replace the SSO position, local money spent on pre K,andsubsidized health insurance.The schools also canbe saving money currently on not having to pay for coaches who are unable to coach, fuel on buses that are not being used, etc. Jordon Springs canand shouldstill open. Although the county does have a general fund surplus, the county also anticipates having to pay for a new 911 systemof a cost approaching $20 millionandnew capital cost expenditures in the next few years from both the county and schools totaling more than $250 million.Money in that general fund will be needed to pay forthose expenditures. At a time that county residents are losing their jobs or having to take pay cuts in their positions, the county and schools can help by making small adjustments on their budgets. In a time of uncertainty, the county needs to be prudentand wise and not appropriate money it may not receive until it receives it. 239 Discussion. Special Event Center Conditional Use Permits.Have a joint meeting between Planning Commission and Board of Supervisors to discussSpecial Event Center CUPs. Reason: In the last twoyears, the BOS has had at least four requests for event centers. Some of the issues I would like to address include the following. Applicants are full time farmers who generate their main income from the farm and file a Schedule F butneed an event center to generate income to keep the farm profitable. Applicants who purchase a piece of land, have little other farming on the land, but need the income from an event center to meet their mortgagepayments on the land, An applicant has a full time job but owns a smaller piece of property in a RA area. The applicant’s main source of income is non farming income. However, the applicant applies for a CUP for a special events center to generate additional revenue. An applicant purchases an old non working farm, puts in an event center to generate income which can bebetween $3,000 to $15,000 in a weekend, and does little else in the way of farming. Some of the issues I would like the Planning Commission and Board to discuss include the following: If every farm in a RA area applies for an event center and all are granted, does thetraffic impact significantly degenerate the RA designation. If only some of the event centers are approved, how does the Board justify the granting of one event center and not another event center? Are event centers which primarily cater to wedding parties truly agricultural? Should the county consider a new rezoned area called Special Event Centers which are distinct from RA areas? I would also like to address the issue of applicants who request CUPs but sign contracts for their facility before the CUP is approved or rejected. We have been asked to approve events prior to a final decision. Is that appropriate? Thank you for your consideration. Blaine Dunn 23: 241 Dear Board Members, I have twoitems I would like the Board to consider in the next meeting. They include a motion and one point of discussion. I have included the Motion and Discussion I would like to address and the reasons for them. Thank you for your consideration. Motion . Amendment to Budget Motion. Having voted in the affirmative for the Frederick County FY21 budget, I would like to offeran amendment to withhold $4.8 million in FY21 until the county knows that we will actually have the projected revenue that was outlined in the budget proposal. Reasons: The $4.8 million represents the expectednatural growthincrease in revenue over the FY20 revenue projections. On a 57/43 split between the schools and county, the dollar amount of withholdings would be $2.8 million to the schools and $2.0 million to the county. To his credit, the county administrator already has made adjustments to hisbudget to accommodate for the possibility of not having the revenue to meet the budget next year. The county will have a better idea of total actual revenue for FY20 in the next month with exact numbers in August 2020. The schools expected revenue from the state/federal sourcesfor FY21 is expected to actually increaseby $3.9 millionover the FY20 amountswhich may offset part of the $2.8 million held until actually received.The total county transfer to the schools is about $109.1 million. In addition, the schools can consider other cost savingsincluding adjustments for SSO positionsconsidering the county has already funded SRO positions to replace the SSO position, local money spent on pre K,andsubsidized health insurance.The schools also canbe saving money currently on not having to pay for coaches who are unable to coach, fuel on buses that are not being used, etc. Jordon Springs canand shouldstill open. Although the county does have a general fund surplus, the county also anticipates having to pay for a new 911 systemof a cost approaching $20 millionandnew capital cost expenditures in the next few years from both the county and schools totaling more than $250 million.Money in that general fund will be needed to pay forthose expenditures. At a time that county residents are losing their jobs or having to take pay cuts in their positions, the county and schools can help by making small adjustments on their budgets. In a time of uncertainty, the county needs to be prudentand wise and not appropriate money it may not receive until it receives it. 242 Discussion. Special Event Center Conditional Use Permits.Have a joint meeting between Planning Commission and Board of Supervisors to discussSpecial Event Center CUPs. Reason: In the last twoyears, the BOS has had at least four requests for event centers. Some of the issues I would like to address include the following. Applicants are full time farmers who generate their main income from the farm and file a Schedule F butneed an event center to generate income to keep the farm profitable. Applicants who purchase a piece of land, have little other farming on the land, but need the income from an event center to meet their mortgagepayments on the land, An applicant has a full time job but owns a smaller piece of property in a RA area. The applicant’s main source of income is non farming income. However, the applicant applies for a CUP for a special events center to generate additional revenue. An applicant purchases an old non working farm, puts in an event center to generate income which can bebetween $3,000 to $15,000 in a weekend, and does little else in the way of farming. Some of the issues I would like the Planning Commission and Board to discuss include the following: If every farm in a RA area applies for an event center and all are granted, does thetraffic impact significantly degenerate the RA designation. If only some of the event centers are approved, how does the Board justify the granting of one event center and not another event center? Are event centers which primarily cater to wedding parties truly agricultural? Should the county consider a new rezoned area called Special Event Centers which are distinct from RA areas? I would also like to address the issue of applicants who request CUPs but sign contracts for their facility before the CUP is approved or rejected. We have been asked to approve events prior to a final decision. Is that appropriate? Thank you for your consideration. Blaine Dunn 243 244 FINANCE and AUDIT COMMITTEE REPORTS to the BOARD OF SUPERVISORS Wednesday, May 20, 2020 8:00 a.m. 107 NORTH KENT STREET, WINCHESTER, VIRGINIA Finance and Audit Committee meetings were held in the Board of Supervisors Room at 107 North Kent Street on Wednesday, May 20, 2020 at 8:00 a.m. ATTENDEES: Committee Members Present: Judith McCann-Slaughter, Chairman; Charles DeHaven; Angela Rudolph-Wiseman; Jeffrey Boppe; and non-voting liaison William Orndoff, Treasurer. Committee Member Absent: Robert Wells; and non-voting liaison Seth Thatcher, Commissioner of the Revenue. Staff present: Cheryl Shiffler, Finance Director; Sharon Kibler, Assistant Finance Director; Kris Tierney, County Administrator; Joe Wilder, Public Works Director; Nick Sabo, WRA Director; Scott Varner, IT Director; Lenny Millholland, Sheriff; Tamara Green, DSS Director; Delsie Jobe, DSS Administrative Services Manager; Jon Turkel, Assistant Parks & Rec Director; Jason Robertson, Park & Rec Director; John Bishop, Transportation Director; and Richard Venskoske, Voter Registrar. Staff joining remotely: Jay Tibbs, Assistant County Administrator; Denny Linaburg, F&R Chief; Steve Majchrzak, Assistant F&R Chief; Christine Bauserman, EMS Billing Manager; and Rod Williams, County Attorney. Others joining remotely: David Foley, CPA, Robinson, Farmer, Cox Associates. ITEMS REQUIRING ACTION BY BOARD OF SUPERVISORS: AUDIT COMMITTEE 1.David Foley from Robinson, Farmer, Cox Associates will present the FY 2019 Comprehensive Annual Financial Report (CAFR) and be available for discussion of the upcoming FY 2020 audit. The FY 2019 CAFR is available in dropbox or online at: www.fcva.us/CAFR. The committee recommended acceptance of the report and authorized the Finance Committee Chair to sign the engagement letter for the upcoming FY 2020 audit. FINANCE COMMITTEE ( *) Items 2, 3, 5, 8, 9, 11, 12, 13, 16, 19 and 20 were approved under consent agenda. 1.The Parks & Recreation Director requests a General fund supplemental appropriation in the amount of $118,883. This amount represents proffer funds to construct a trail around Lakeside Lake behind the Bowman Library. This item has been approved by the Parks & Recreation 245 1 Commission at their March 11, 2020 meeting. The proffer policy is attached for information. See attached memo, p. 6 – 8. The committee recommends approval. 2.( * ) The IT Director requests a General Fund supplemental appropriation in the amount of $23,897. This amount represents reserved PEG funds to be used for a wireless microphone system for the BOS meeting room ($22,190) and additional funds needed for remainder of the current year maintenance service contract of the Granicus system ($1,707). PEG funds are reserved and restricted only to purchases related to meeting broadcasts. No local funds required. See attached information, p. 9 – 12. 3.( * ) The Voter Registrar requests a General Fund supplemental appropriation in the amount of $42,640. This amount represents funds needed for the June Republican primary election. Local funds are required. See attached memo, p. 13 – 14. 4.The Transportation Director requests a Development Projects Fund (fund 27) supplemental appropriation in the amount of $2,253,614. This amount represents change orders and project management for Crossover Blvd. No local funds required. See attached memo, p. 15. The committee recommends approval. 5.( * ) The WRA Director requests an Airport Fund (fund 17) supplemental appropriation in the amount of $69,000. This amount represents funds received from the CARES Act. No local funds required. See attached memo, p. 16. 6.The WRA Director requests an Airport Capital Fund (fund 85) FY21 budget appropriation in the amount of $2,334,000 and a General Fund supplement appropriation in the amount of $414,376 representing the local portion. $362,000 of the local portion is a carry forward of unspent FY20 Airport Capital. See the attached information, p. 17 – 19. The committee recommends approval. 7.The EMS Billing Manager requests an EMS Expense Recovery Fund (fund 30) supplemental appropriation in the amount of $225,000. This amount represents anticipated revenue in excess of budgeted revenue. No local funds required. See attached memo, p. 20. The committee recommends approval. 8.( * ) The Public Work Director requests an FY21 General Fund supplemental appropriation in the amount of $250,000, or less if FY20 ending balance is not sufficient. This amount 246 2 represents a carry forward of unspent FY20 funds for the completion of the replacement Albin Citizen Convenience Center. Any unspent funds in FY21, after project completion, will be returned to the General Fund. See attached memo, p. 21 – 22. 9.( * ) The Victim Witness Director requests a General Fund budget transfer in the amount of $10,000 for the purchase of a copier and promotional materials (pending state approval). Transfer policy requires BOS approval when transferring out of fringe line items. No additional local funds required. See attached memo, p. 23 – 24. 10.The F&R Chief requests a General Fund supplemental appropriation in the amount of $81,474.73 (pending grant award).This amount represents an AFG supplemental grant via the CARES Act. Due to the grant application deadline, the application was authorized. See attached information, p. 25. The committee recommends approval. 11.( * ) The F&R Chief requests a General Fund supplemental appropriation in the amount of $28,150 (pending grant award). This amount represents a VDEM grant for 2 portable decontamination systems. No local funds required. See attached information, p. 26. 12.( * ) The F&R Chief requests a General Fund revenue appropriation in the amount of $60,000 (pending grant award). This amount represents a VDEM grant for Rescue Task Force protective equipment. No local funds required. See attached information, p. 27. 13.( * ) The DSS Director requests a General Fund supplemental appropriation in the amount of $315,500. This amount represents yearend adjustments to bring the County budget in line with the State budget and reflects a $49,395 reduction in local dollars. See attached memo, p.28. 14.The Finance Director requests an FY21 NRADC Fund budget reduction in the amount of $440,010. This amount is from the elimination of the merit/COLA. The FY21 budget resolution reflects the reduction for the County’s share of the amendment. The committee recommends approval. 15.The Sheriff requests a General Fund supplemental appropriation in the amount of $34,100. This amount represents funds received for traffic control in excess of budgeted revenue, which will be used for overtime. No local funds required. See attached memos, p. 29 – 35. The committee recommends approval. 247 3 16.( * ) The Sheriff requests a General Fund supplemental appropriation in the amount of $3,955. This amount represents the sale scrap metal, which will be used for items at the firing range. No local funds required. See attached memo, p. 36 – 37. 17.The Sheriff requests a General Fund supplemental appropriation in the amount of $31,443 (pending grant award) for a Student, Teachers and Officers Preventing School Violence Program grant. Due to COVID-19 forcing the cancellation of the March Finance Committee meeting, combined with the grant application deadline, approval to apply for a BJA grant for a 3D scanner was authorized. See attached information, p.38 – 50. The committee recommends approval. 18.The Sheriff requests a General Fund supplemental appropriation in the amount of $15,397.22 ($11,998.80 pending receipt of funds). This amount represents overtime reimbursements from the DEA. No local funds required. See attached memo, p. 51 – 52. The committee recommends approval. 19.( * ) The Sheriff requests a General Fund supplemental appropriation in the amount of $5,000. This amount represents funds received from the ICAC grant in excess of budgeted. No local funds required. See attached memo, p. 53. 20.( * ) The Sheriff requests a General Fund supplemental appropriation in the amount of $6,587.69. This amount represents insurance reimbursements for auto claims. No local funds required. See attached memo, p. 54 – 56. 21.The Sheriff requests a General Fund supplemental appropriation in the amount of $21,078.58. This amount represents reimbursements from the IRS for overtime, travel, vehicle maintenance, and equipment. No local funds required. See attached memo, p. 57 – 58. The committee recommends approval. 22.The Sheriff requests a General Fund supplemental appropriation in the amount of $80,000. This amount represents an expected shortfall for overtime. Local funds are required. See attached memo, p. 59. The committee recommends approval and requests staff to work with the Sheriff on factors contributing to overtime. 248 4 INFORMATION ONLY: 1.The Finance Director provides a Fund 10 Transfer Report for April 2020. See attached, p. 60. 2.The Finance Director provides financial statements ending April 30, 2020. See attached, p.61 – 71. 3.The Finance Director provides an FY 2020 Fund Balance Report ending May 14, 2020. See attached, p. 72. Respectfully submitted, FINANCE COMMITTEE Judith McCann-Slaughter, Chairman Charles DeHaven Jeffrey Boppe Angela Rudolph-Wiseman By Cheryl B. Shiffler Cheryl B. Shiffler, Finance Director 249 5 24: 6 251 7 Frederick County Cash Proffer Policy As approved by the Board of Supervisors on January 28, 2009. Proffered funds received by Frederick County will be held for the use specified by the proffer language. In the case of funds proffered to offset impacts to fire and rescue services, in the absence of other proffered specifications, the funds will be earmarked for the first due company in the area of the subject rezoning at the time the proffered funds are received. All proffered funds will be collected, held, and will accumulate until such time as a capital project funding request is received from a qualifying County department, agency, or volunteer fire and rescue company. Qualifying agency or departmental requests to access proffered funds shall be submitted to the Countys Finance Department for processing. In order to qualify as a capital project the = following criteria must be met: 1) the item or project must have a minimum value of five thousand dollars ($5,000), and; 2) the item/project must have an anticipated useful life of at least five (5) years. The Finance Department will forward requests to the Finance Committee for a recommendation to the Board of Supervisors on the appropriateness of the use of proffered funds for the requested purpose. To assist the Finance Committee and Board in their deliberations requests to utilize proffered funds should include the following: 1) the amount of funds requested, 2) the total project cost, 3)a detailed description of the desired capital project or purchase including a discussion of how recent or anticipated development contributes to the need for the expenditure, and, 4) indicate whether or not the item or project is listed on the Countys Capital Improvements = Plan (CIP). In order to comply with State Code 15.2-2-2298 (A) the Planning staff, working in conjunction ' with the County Attorney, will attempt to insure that cash proffers associated with future rezonings are appropriately addressed through inclusion of relevant capital projects in the Countys CIP prior = to acceptance of the proffered funds. For the purpose of determining whether a project or item is appropriate for individual listing on the CIP only, a threshold value of $100,000 and useful life of at least five year shall be utilized. (This would not preclude the purchase of capital items valued at less than $100,000 utilizing proffered funds, where other relevant criteria are met and procedures followed.) HTTPS://FCVA-MY.SHAREPOINT.COM/PERSONAL/SKIBLER_FCVA_US/DOCUMENTS/DOCUMENTS/FY2020/FINANCECOMMITTEE/20200520/01B_PROFFER POLICY.DOCX 252 8 COUNTY OF FREDERICK Information Technologies Scott Varner, Director of Information Technology svarner@fcva.us Voice 540.722.8261 M E M O To: Finance Committee From: Scott Varner, Director of Information Technology Subject: Request for PEG Funds Date: March 10, 2020 The Information Technology Department is requesting to use $23,897 in Peg Funds to cover the cost of maintenance and support for our public meeting streaming system (Granicus) and hardware/professional services for a wireless microphone system for the Board of Supervisors Boardroom. The funds requested for the maintenance and support of the Granicus system represents funds needed in addition to the current fiscal year budgeted funds for the maintenance service contract. The wireless microphone system would be utilized for board work sessions and to provide additional microphones for the staff table at Planning Commission meetings. The breakdown of costs associated with both items are below. Granicus Maintenance and Support-$1,707 Shure Wireless Microphone System-$22,190 Total - $23,897 The Peg Funds are funds derived from our Cable Franchise fees. The use of funds from the PEG Grant are narrow in scope and can only be used for items related to the broadcasting of meetings. The quotes for both items are included with this memo. Sincerely, Scott Varner County of Frederick Director of Information Technology 107 North Kent Street, Winchester, Virginia 22601-5039 253 9 254 10 255 11 Quotation 3593 Mayland Court Richmond, VA 23233DATEFebruary 20, 2020 Fed ID# 26-4368726Quotation #FCO022017 office 804 747-7780Customer:Frederick County fax 804 747-7112Contact Name:Scott Varner cell 804 564-6753Phone Number:(540) 722-8261 Andrew PittsEmail:svarner@fcva.us apitts@streetandco.com Contract Number 7058821-16JC Bill To:Frederick County Accounts Payable / Scott Varner 0March 19, 2020 , Andrew Pitts Frederick County Location: SALE PRICE PER EXTENDED SALE DESCRIPTIONITEM PRICE LINEMANUFACTURERPART #QTY 1$ - 2 ShureMXC420DF/CShure Dualflex Gooseneck Microphones 10$ 193.32$ 1,933.20 ShureMXCW64010$ 1,332.00$ 13,320.00 3 Shure Wireless Conference Unit 4 ShureMXCWAPTShure Access Point Receiver 1$ 3,333.35$ 3,333.35 ShureMXCWNCS1$ 1,000.00$ 1,000.00 5 Shure Charging Station 6$ - $ - 7 8$ - Material Sub Total $ 19,586.55 Cables & Connectors $ 142.86 Labor and Programming $ 2,100.00 Travel & Lodging $ 250.00 One night Subtotal $ 22,079.41 Freight $ 110.00 Total Sale Price $ 22,189.41 Sales Tax $ - Total Quote $ 22,189.41 Notes: 1. Payment terms: A progress payment schedule shall be developed to meet the job schedule requirements. 2. The above proposal does not include any options. 3. All electrical work is left to the client or client subcontractor, unless otherwise determined. Signature to proceed with order _______________________________________________________________ Date_______________ PURCHASE ORDER NUMBER : ___________________________________________________________________________________ ***EMAIL OR FAX TO - ORDERS@STREETANDCO.COM OR 804-747-6041*** 256 12 Street Co LLC Frederick County 20 Board Room Microflex Complete 2-20-20.xlsxQuote dba - SeedComm/Signature AV 3/10/2020 257 13 258 14 MEMORANDUM TO: Finance Committee FROM: John A. Bishop AICP, AssistantDirector - Transportation RE: Project Line Increase Request – Crossover Blvd DATE: May 12, 2020 In September 2018, staff requested that the project line item for Crossover Blvd be increased to $20,616,145.51 to match the final pre-bid construction estimate. This was subsequently approved by the Finance Committee and Board of Supervisors. However, that figure did not include previous expenditures for design or routine change order costs that have since been incurred. Staff is requesting that the line item for the Crossover Blvd Project be increased by $2,253,614.20 to a total of $22,869,759.71 to account for change orders and project management expenses. The project remains 100% funded through private funds and VDOT revenue sharing funds on a 50/50 split. 259 15 MEMORANDUM To: Cheryl Shiffler, Frederick County Finance Director From: Nick Sabo, Winchester Regional Airport Authority Executive Director Date: May 12, 2020 RE: Finance Committee Agenda Item | CARES Act The Winchester Regional Airport Authority (WRAA) requests supplemental revenue appropriation for its FY20 operating budget totaling $69,000 from the federal CARES Act. Funds will be used for operating expenses including payroll, utilities, and debt service. No local funds required. Revenue code 3 - 017 - 018990 0000 We sincerely appreciate the continued support of Frederick County. Please advise if you have questions or need additional information. Sincerely, Nick Sabo, A.A.E. Executive Director 25: 16 MEMORANDUM To: Cheryl Shiffler, Frederick County Finance Director From: Nick Sabo, Winchester Regional Airport Authority Executive Director Date: May 12, 2020 RE: Finance Committee Agenda Item | FY21 Capital Budget The Winchester Regional Airport Authority (WRAA) requests supplemental appropriation for the FY21 capital budget totaling $2,334,000. The requested local share from Frederick County is $414,376. The supported projects are detailed in the enclosed spreadsheet. NOTE: Three projects (highlighted in blue) are carried forward from FY20. We sincerely appreciate the continued support of Frederick County. Please advise if you have questions or need additional information. Sincerely, Nick Sabo, A.A.E. Executive Director Enclosure 261 17 262 $240,000$1,400,000$234,000$390,000$30,000$20,000$20,000$2,334,000 $133,740 TOTAL 24.4% City $0$280,000$89,856$149,760$6,000$10,000$20,000$555,616 $414,376 County LOCAL 75.6% REVENUE SOURCE $0.00$1,120,000$144,144$240,240$24,000$10,000$0$1,538,384 STATE $240,000$0$0$0$0$0$0$240,000$0 $2,500$5,000$548,116$555,616 FEDERAL Winchester Regional Airport Authority Local Revenue Frederick County/City of Winchester Total Revenue Breakdown Local Revenue Breakdown 61.6/38.4% State/Local Shenandoah County 80/20 State/Local 80/20 State/Local 80/20 State Grant50/50 State Grant Warren County Clarke County Local Only 100% FAA May 12, 2020 Description New Terminal - Site (Construction) - State Eligible Annual Maintenance New Terminal - Site (Design/Bid) - New Terminal - Building (Design State Eligible Capital Equipment Acquire Parcel 64-A-64 Local Capital Projects Acquisition Phase 01Phase 02 Repairs Phase) 264 20 MEMORANDUM TO: Cheryl Shiffler, Director of Finance FROM: Joe C. Wilder, Director of Public Works SUBJECT: Carry Forward Request – Albin Citizen Convenience Center DATE: May 11, 2020 ______________________________________________________________________________ The Refuse Collection budget is requesting a carryforward in the amount of $250,000 (estimated) from line item 10-4203-8900-00 Improvements Other Than Buildings for construction of the replacement Albin Citizen Convenience Center. This carryforward will cover addition work that should be completed in July 2020 which will then be under the Fiscal Year 2021 budget cycle. The amount requested in the carryforward has a contingency built in. Therefore, any remaining funds not spent will then be returned to the general fund.The actual carryforward amount will not exceed the amount available in the line item at end of FY 2020. The project began construction in February 2020. We anticipate completing project in (Attachment 1) July 2020. Please include the above carry forward request on the next Finance Committee agenda. Should you have any questions, please don’t hesitate to contact me. JCW/kco Attachments: as stated cc:file 265 21 107 North Kent Street, Second Floor, Suite 200 Winchester, Virginia 22601-5000 MEMORANDUM TO: Joe Wilder,Director FROM: Gloria Puffinburger, Solid Waste Manager SUBJECT: Carry Forward to FY 20/21; Albin Citizens’ Convenience Site Construction DATE: May 11, 2020 The department is requesting a carryforward amount of $250,000, including contingency, for completion of all in-house work by staff, and landscapingwhich will be installed after site work and fencing are complete.Therefore, these tasks will be conducted in the new fiscal year. Of the above amount, $180,322 will cover remaining work under contract with General Excavating projects such as paving, subgrade, final grade and cleanup. If you have any questions, please contact me at Extension 8219. /gmp cc:file 266 22 107 North Kent Street, Second Floor, Suite 200 Winchester, Virginia 22601-5000 267 23 268 24 269 25 26: 26 271 27 Frederick County Department of Social Services Memo To: Finance Committee/Cheryl Shiffler From: Delsie D. Jobe CC: Tamara Green, Director Date: May 20, 2020 Re: FY 2020 Appropriation Adjustment Request Department of Social Services is requesting a funds appropriation to the following program budget line items order to bring our County budget in line with our State budget. We have seven (7) programs need to be increased by a total of $383,500. Three of these budget lines are State mandated programs and we spent our initial allocation and the State gave us additional funding. Two (2) other program budget lines need to be decreased by a total of $68,000, of which $49,395 is a reduction in Local dollars. These programs had a decrease in caseloads in FY 2020. The net of these adjustments results in an increase of $315,500 of total dollars. No additional local dollars are needed with this increase; however, like mentioned above we are able to return $49,395 in local dollars. 4-010-053170-5811-000-000 IV-E Foster Care increase of $290,000 4-010-053170-5812-000-000 Adoption Subsidy increase of $30,000 4-010-053170-5817-000-000 Special Needs Adoption increase of $35,000 4-010-053170-5820-000-000 Adoption Incentive increase of $1,500 4-010-053170-5833-000-000 Adult Services decrease of $48,000 4-010-053170-5861-000-000 ILF Education/Training increase of $13,000 4-010-053170-5862-000-000 Independ. Living increase of $3,000 4-010-053170-5866-000-000 Prom. Safe & Stable increase of $11,000 4-010-053170-5872-000-000 VIEW Purchase Svcs decrease of $20,000 Thank you for your consideration. Delsie D. Jobe, Administrative Services Manager 272 28 273 29 274 30 275 31 276 32 277 33 278 34 279 35 27: 36 281 37 282 38 Sheriff Lenny MillhollandMajor Steve A. Hawkins 1080 Coverstone Drive Winchester, Virginia 22602 Office (540) 662-6168 Fax (540) 504-6400 To:Cheryl Shiffler From: Sheriff Millholland Subject: Grant Application-School Safety th, 2020 Date: March 4 The Frederick County Sheriff’s Office would like to apply for a grant throughBJA (Bureau of Justice Assistance)for a total of $41,924.00for one Faro 3D Scannerand a computerworkstationto process and storefinal project(s). ThisFaro 3D scanner would be used to scanall schools in the County of Frederick and once this is completed, Law Enforcement, Fire and Rescue, and School Administrators would have for access of 3D images and layouts of all the schools in the County of Frederick. The total grant amount is$41,924.00 with BJA covering75% of the total cost of the devicewhichwould be $31,443.00. Thelocal match or in-kind for the devicewould be $10,481.00by the Frederick County Sheriff’s Office to cover the 25% remaining amount.The local match includes the warranty and software update package from the vendoras well as a portion of the computerworkstation. This is a one time cost with noadditional funds required in the future. Total Cost of Faro 3D Scanner andcomputer workstation$41,924.00 DCJS Grant provides75%oftotalcost$31,443.00 Sheriff’s Office provides 25% of the remainderofthe cost of the $10,481.00 Faro 3D Scannerincluding the necessarywarranty and software updates as wellas the additional computer workstation. If this grant is awarded, a new FY20or FY21 (depending on timing ofgrant award) appropriation would be required in the amount of $10,481.00(localportion). This is a one-timecostfor the Frederick County Sheriff’s Office. th, 2020. This grant application is due toBJA (Bureau of Justice Assistance) beforeApril 8 Thank you, LWM/bjs 283 39 284 40 285 41 286 42 287 43 288 44 289 45 28: 46 291 47 292 48 293 49 294 50 295 51 296 52 297 53 298 54 299 55 29: 56 2:1 57 2:2 58 2:3 59 BUDGETTRANSFERSAPRIL2020 DATEDEPARTMENT/GENERALFUNDREASONFORTRANSFERFROMTOACCTCODEAMOUNT 4/6/2020COUNTYOFFICEBUILDINGD/COURTHOUSEREPAIRSMILLWOODFIRESTATION43043004000021(9,636.25) COUNTYOFFICEBUILDINGD/COURTHOUSE430430040000229,636.25 4/7/2020COUNTYOFFICEBUILDINGS/COURTHOUSEHEATINGMILLWOODFIRESTATION43043010000005(1,100.00) COUNTYOFFICEBUILDINGS/COURTHOUSE430451020000211,100.00 4/7/2020AGRICULTUREPROGRAMSUPPLIES83015411000000(14.78) AGRICULTURE8301540100000014.78 AGRICULTURE83015801000000(690.00) AGRICULTURE83015401000000690.00 AGRICULTURE83013004000001(250.00) AGRICULTURE83015401000000250.00 4/8/2020JUVENILECOURTPROBATIONTRANSFERFUNDSFOROVERTIME33031005000000140.40 JUVENILECOURTPROBATION33035401000000(140.40) 4/13/2020CIRCUITCOURTFUNDSNEEDEDFORSUPPLIES(JURYMEMBERS)21013010000000(600.00) CIRCUITCOURT21015415000000600.00 4/13/2020ELECTORALBOARDANDOFFICIALSFUNDSNEEDEDFORPRIMARYELECTION13015506000000(2,000.00) ELECTORALBOARDANDOFFICIALS130154010000002,000.00 4/14/2020ANIMALSHELTERSERVICEGENERATOR43055101000000(2,500.00) ANIMALSHELTER430530040000002,500.00 ANIMALSHELTER43055102000000(3,500.00) ANIMALSHELTER430530040000003,500.00 0CLEARBROOKPARKADDITIONALSUPPLIESNEEDED71093004000001(700.00) 4/20/202 CLEARBROOKPARK71095408000000700.00 SHERANDOPARK71105413000001(581.00) SHERANDOPARK71103004000001581.00 4/20/2020CIRCUITCOURTTOCORRECTTRANSFERACCOUNTNUMBER21013010000002(600.00) CIRCUITCOURT21013000000000600.00 4/22/2020COUNTYOFFICEBUILDINGS/COURTHOUSESHORTWATER/SEWERPSB43043010000005(4,500.00) COUNTYOFFICEBUILDINGS/COURTHOUSE430451030000054,500.00 4/22/2020COUNTYOFFICEBUILDINGS/COURTHOUSEREPLACEDUCTLESSA/C43043004000022(9,636.25) COUNTYOFFICEBUILDINGS/COURTHOUSE430430040000219,636.25 4/22/2020COUNTYOFFICEBUILDINGS/COURTHOUSESHORTWATER/SEWERRHFS43045101000007(1,500.00) COUNTYOFFICEBUILDINGS/COURTHOUSE430451030000071,500.00 4/22/2020COUNTYOFFICEBUILDINGS/COURTHOUSESHORTINWATER/SEWER43043010000052(600.00) COUNTYOFFICEBUILDINGS/COURTHOUSE43045103000052600.00 4/23/2020ELECTORALBOARDANDOFFICIALSPPEPOLLWORKERS130154010000002,367.78 TRANSFERS/CONTINGENCY93015890000000(2,367.78) 4/24/2020PUBLICSAFETYCOMMUNICATIONSTRANSFERFUNDSTOOVERTIME3506100500000033,510.00 PUBLICSAFETYCOMMUNICATIONS35061001000010(33,510.00) 4/29/2020COMMISSIONEROFTHEREVENUENEWEMPLOYEESALARY12093010000000(720.81) COMMISSIONEROFTHEREVENUE12091001000000720.81 4/29/2020REFUSECOLLECTIONSTEXTILE/SHOEUNITALBIN42038900000000(2,300.00) REFUSECOLLECTIONS420354130000002,300.00 5/4/2020REASSESSMENT/BOARDOFASSESSORSADDITIONALFUNDSSUBSCRIPTIONS12103007000000(1,100.00) REASSESSMENTS/BOARDOFASSESSORS121054110000001,100.00 5/4/2020COMMISSIONEROFTHEREVENUEVEHICLEREPAIRANDMAINTENANCE12093004000002(500.00) REASSESSMENT/BOARDOFASSESSORS12103004000002500.00 5/4/2020SHERIFFCOVERDEFICIT31025506000001(9,000.00) SHERIFF310230040000019,000.00 5/4/2020MANAGEMENTINFORMATIONSYSTEMSXEROXMAYANDJUNE12225413000000(4,850.00) MANAGEMENTINFORMATIONSYSTEMS122290010000004,850.00 2:4 60 2:5 61 2:6 62 2:7 63 2:8 64 2:9 65 2:: 66 311 67 312 68 313 69 314 70 315 71 CountyofFrederick,VA ReportonUnreservedFundBalance May14,2020 UnreservedFundBalance,BeginningofYear,July1,201946,064,113 PriorYearFunding&CarryforwardAmounts C/Fforfeitedassetfunds(52,251) C/FFireCompanyCapital(122,079) C/FSheriffinsuranaceclaimreimbursement(tent)(40,021) Closereservedfundbalances111,096 C/FAnimalShelterspay/neuter&bldgdesign(23,890) C/FRefuseprojects(337,657) C/FParksRecAccessProjectSherando(71,942) C/FMaintenanceprojects(52,755) C/FSheriffvehicle(25,835) C/FSchoolencumbrances(225,545) Recordretainage(44,653) ReclassSheriff'sgrant11,578 C/FunspentSchoolOperating(347,857) (1,221,812) OtherFunding/Adjustments CORrefundAcarLeasingLTD(10,315) CORrefundEnterpriseFMTrust(3,086) CORrefundHVTInc/HondaLeaseTrust(2,655) CORrefundToyotaLeaseTrust(18,366) PTtoFTCommAttyInvestigatorposition(19,895) AirportCapitallocalshare(409,164) SunnysidePlazadeposit(210,000) AirportdebtserviceCountyshare(27,750) Burnbuildingreplacementproject(257,019) CORrefundFisherScientific(25,084) CORrefundDennys(2,522) TransfertoCountyCapitalFund(F/Babove20%)(4,433,680) CORrefundFordMotorCredit(2,956) CORrefundMCDeanInc(3,359) CORrefundNILTInc(8,148) CORrefundPapermillSelfStorage(4,838) CORrefundToyotaLeaseTrust(5,376) CorrectPOcarryforward6,280 CORrefundMarcusTruelove(2,531) CORrefundC.WilsonFletcher(3,561) CORrefundBFIWaste(9,594) VJCCCAreturnupsentFY19funds(19,110) Marchprimaryelection(47,542) CORrefundDLPetersonTrust(6,541) CORrefundDisabledVeteran(5,729) CORrefundBB&T(63,583) CORrefundStonewallIILLC(2,870) CORrefundDisabledVeteran(7,550) CORrefundVectrenEnergy(4,534) (5,611,078) 316 FundBalance,May14,2020 39,231,223 72 317 BQQMJDBUJPO!GPS!PVUEPPSGFTUJWBM!QFSNJU! 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Uzmfs!Xblfnbo! ! Qsjoufe!Obnf!pg!Bqqmjdbou! ! Ebuf;!!!303703131! ! ! 31: UC IF!PBSE!TIBMM!IBWF!UIF!SJHIU!UP!SFWPLF!BOZ!QFSNJU!JTTVFE!VOEFS! . UIJT!PSEJOBODF!VQPO!OPODPNQMJBODF!XJUI!BOZ!PG!JUT! 321 CONDITIONAL USE PERMIT #01-20 J K Lee Services Staff Report for the Board of Supervisors Prepared: May 15, 2020 Staff Contact: Mark R. Cheran, Zoning Administrator This report is prepared by the Frederick County Planning Staff to provide information to the Planning Commission and the Board of Supervisors to assist them in making a decision on this request. It may also be useful to others interested in this zoning matter. Reviewed Action Planning Commission: 05/06/20 Recommended Approval Board of Supervisors: 05/27/20 Pending EXECUTIVE SUMMARY: This is a request for a Conditional Use Permit (CUP) for an expansion of an existing assisted living facility use located at 549 Valley Mill Road. This facility is currently operating under CUP #22-04 which allowed for 34 beds. This CUP, 01-20, requests the addition of six (6) additional resident rooms. The expansion would bring the total number of beds in the facility to 40. The Planning Commission held a public hearing for this item at their May 5, 2020 meeting. The Commission commended the facility and use as being a valuable asset to the community and recommended approval of the permit. Should the Board of Supervisors find this application to be appropriate, the Planning Commission recommends that the following conditions be attached to the CUP: 1. All review agency comments and requirements shall be complied with at all times. 2. Applicant must comply with all requirements of the State and County codes pertaining to adult care facilities at all times. 3. Any expansion or modification of this use shall require approval of a new site plan and a Conditional Use Permit. Following this public hearing, a decision regarding this Conditional Use Permit application by the Board of Supervisors would be appropriate. The Applicant should be prepared to adequately address all concerns raised by the Board of Supervisors. 322 Page 2 CUP #01-20, J K Lee Services May 15, 2020 LOCATION: The subject property is located at 549 Valley Mill Road. MAGISTERIAL DISTRICT: Red Bud PROPERTY ID NUMBER: 55-A-56 PROPERTY ZONING & PRESENT USE: Zoned: RP (Residential Performance) Land Use: Assisted Living Care Facility ADJOINING PROPERTY ZONING & PRESENT USE: North: RP (Residential Performance) Use: Residential South: RP (Residential Performance) Use: Residential East: RP (Residential Performance) Use: Residential West: RP (Residential Performance) Use: Residential PROPOSED USE: The Applicant proposes expansion of an assisted living care facility. REVIEW EVALUATIONS: Virginia Department of Transportation: The entrances are adequate for the proposed expansion. Frederick County Fire Marshal: Approved. Winchester-Frederick County Health Department: The subject property is served by municipal water and sewer. No objections to the proposed addition. Frederick Water: No comments at this time. Frederick County Inspections Department: Building shall comply with The 2015 Virginia Uniform Statewide Building Code and Section 308 I-Institutional Use Group. Other Code that applies is 2015 Virginia Existing Building, ICC/ANSI A117.1-09 Accessible and Usable Buildings and Facilities, 2015 Virginia Energy Code, 2015 Virginia Mechanical Code, 2015 Virginia Plumbing Code, and 2015 Virginia Fire Code. Plans submitted for permits shall be sealed by a Virginia Licensed Design Professional. Existing I-1 & I-2 Institutional Use Group. Additional area cannot create noncompliance as it relates to new construction in the Virginia Uniform Statewide Building Code. Existing buildings 323 Page 3 CUP #01-20, J K Lee Services May 15, 2020 height and area shall comply with T506 with allowable increases for proposed use. Institutional Use Group require a full NFPA 13 Suppression system. Sleeping rooms and restrooms shall meet ANSI A117.1-2009 for type of sleeping room. An accessible route shall be provided to the main entrance. Van accessible parking and unloading provided. Max slope for parking and unloading area is 2%. Maximum slope for walkway to main entrance is 5%. Maximum threshold at door is ½. Van accessible signage shall be provided per USBC Section 1106.8. All required exists shall be accessible. Exterior exit doors shall lead directly to the exit discharge or the public way. Winchester Regional Airport: None City of Winchester: No comments. Planning and Zoning: This application is for an expansion of an existing adult care facility. An adult care facility is an allowed use in the RP (Residential Performance) Zoning District with an approved Conditional Use Permit (CUP). This facility was first approved under CUP #02-96 for a 26-bed facility. This facility was constructed in 1996, utilizing a Community Development Block Grant. Subsequently, this facility is operating under and subject to the conditions of CUP #22-04. This CUP allowed for a 5600 square foot addition to the facility. This addition included a new physical therapy room and eight (8) additional resident rooms to the facility, for a total of thirty- four (34) beds. The conditions associated with CUP #22-04 are below: . All review agency comments and requirements shall be complied with at all times. 1 2. A site plan must be submitted and approved prior to issuance of any building permits. 3. Applicant must comply with all requirements of the state and county codes pertaining to adult care facilities at all times. 4. Any expansion or modification of this use shall require approval of a new site plan and a Conditional Use Permit. All of the conditions of the CUP #22-04 have been met. This CUP 01-20 will add six (6) additional resident rooms, enabling the facility to expand to a total of forty (40) beds. 324 Page 4 CUP #01-20, J K Lee Services May 15, 2020 STAFF CONCLUSIONS FOR THE 05/06/20 PLANNING COMMISSION MEETING: This is a request for a Conditional Use Permit (CUP) for the expansion of the existing assisted living facility use. CUP #22-04 was approved in 2004 which allowed for 34 beds. This CUP, 01- 20, requests the addition of six (6) additional resident rooms. The expansion would bring the total number of beds in the facility to 40. Should the Planning Commission find this application to be appropriate, Staff recommends that the following conditions be attached to the CUP: . All review agency comments and requirements shall be complied with at all times. 1 2. Applicant must comply with all requirements of the State and County codes pertaining to adult care facilities at all times. 3. Any expansion or modification of this use shall require approval of a new site plan and a Conditional Use Permit . PLANNING COMMISSION SUMMARY AND ACTION FOR THE 05/06/20 MEETING: Staff provided an overview of the site history of the facility and the revisions to the conditional use permit being proposed to the Planning Commission. Following staffs overview, the Commission commended the facility and use as being a valuable asset to the community. There were no public comments and following the public hearing, the Planning Commission recommended approval of the conditional use permit. 325 CUP # 01 - 20: J K Lee Services PIN: 55 - A - 56 103 HILL Assisted Living Facility VALLEY DR Zoning Map 107 105 HILL HILL VALLEY DR VALLEY DR 543 VALLEY MILL RD 55 A 56 105 CUP #01-20 VAN BUREN CT 55 A 56 104 VAN BUREN CT 137 100 PEBBLE VAN BROOK LN 100 BUREN CT WOODYS PL 139 PEBBLE 102 BROOK LN WOODYS PL 104 WOODYS PL 136 106 PEBBLE WOODYS PL BROOK LN 108 WOODYS PL 140 PEBBLE BROOK LN 110 WOODYS PL 138 PEBBLE BROOK LN V A L L E Y M I L L R 112 D P WOODYS PL E B B L E B R O O K L N 107 107 114 VAN WOODYS PL 109 WOODYS PL BUREN PL WOODYS PL 116 113 WOODYS PL WOODYS PL Application µ Parcels Sewer and Water Service Area RP (Residential Performance District) 326 Frederick County Planning & Development 107 N Kent St Winchester, VA 22601 540 - 665 - 5651 060120240Feet Map Created: February 24, 2020 CUP # 01 - 20: J K Lee Services PIN: 55 - A - 56 103 HILL Assisted Living Facility VALLEY DR Location Map 107 105 HILL HILL VALLEY DR VALLEY DR 543 VALLEY MILL RD 55 A 56 105 CUP #01-20 VAN BUREN CT 55 A 56 104 VAN BUREN CT 137 100 PEBBLE VAN BROOK LN 100 BUREN CT WOODYS PL 139 PEBBLE 102 BROOK LN WOODYS PL 104 WOODYS PL 136 106 PEBBLE WOODYS PL BROOK LN 108 WOODYS PL 140 PEBBLE BROOK LN 110 WOODYS PL 138 PEBBLE BROOK LN V A L L E Y M I L L R 112 D P E WOODYS PL B B L E B R O O K L N 107 107 114 VAN WOODYS PL 109 WOODYS PL BUREN PL WOODYS PL 116 113 WOODYS PL WOODYS PL µ Application Parcels Sewer and Water Service Area 327 Frederick County Planning & Development 107 N Kent St Winchester, VA 22601 540 - 665 - 5651 060120240Feet Map Created: February 24, 2020 328 329 32: 331 332 333 334 335 336 MASTER DEVELOPMENT PLAN #02-20 Heritage Commons Staff Report for the Board of Supervisors Prepared: May 15, 2020 Staff Contact: M. Tyler Klein, AICP, Senior Planner This report is prepared by the Frederick County Planning Staff to provide information to the Planning Commission and the Board of Supervisors to assist in the review of this application. It may also be useful to others interested in this zoning matter. Reviewed Action Planning Commission: 05/06/20 Reviewed Board of Supervisors: 05/27/20 Pending PROPOSAL: The Applicant seeks to develop 141.75-acres +/- of land zoned R4 (Residential Planned Community) Zoning District property for a mixed-use community with up to 645 multi-family residential housing units and a minimum of 107,500 square feet (SF) of commercial development. The development also includes 4.28-acres +/- of right-of-way for future Warrior Drive north extended, 11.94-acres +/- of preserved environmental features (Buffalo Lick Run) to-be-used for recreation, and future inter-parcel connectivity with the Madison Village residential community. The property is bisected by Crossover Boulevard, a new major collector roadway connecting the City of Winchester and Route 522, providing access to planned land bays. MAGISTERIAL DISTRICT: Shawnee PROPERTY ID NUMBERS: 63-A-150, 64-A-10, & 64-A-12 LOCATION: The properties are located generally west of Route 522 and east of Interstate 81 and north and south of (future) Crossover Boulevard. PROPERTY ZONING & PRESENT USE: Zoned: R4 (Residential Planned Community) Use: Undeveloped/Vacant ZONING & PRESENT USE OF ADJOINING PROPERTIES: North: RP (Residential Performance) District Use: Vacant/Residential B2 (General Business) District Use: Vacant South: RP (Residential Performance) District Use: Residential (Madison Village) RA (Rural Areas) District Use: Vacant/Agricultural East: RP (Residential Performance) District Use: Residential Route 522 Use: Route 522 West: Interstate 81 Use: Interstate 81 337 MDP #02-20, Heritage Commons May 15, 2020 Page 2 REVIEW EVALUATIONS: Virginia Department of Transportation : . The County Approved Generalized Development Plan (GDP) included an inter-parcel connection between landbay two and landbay three. This connection has not been included in the MDP. Other than this change, we have no objection to the MDP. Please revise and submit back to this office for final review. Tff!dpnnfou!mfuufs!)fnbjm*!ebufe!Gfcsvbsz!36-!3131/!! ! Frederick County Fire Marshal : Approved. Tff!bqqspwbm!mfuufs!ebufe!Gfcsvbsz!5-!3131/!! Frederick County Public Works: Through the development of Crossover Boulevard road project, Frederick County, the owner of property (MMA/ Hunt) and VDOT have a written agreement regarding stormwater management. We are constructing stormwater management facilities that will handle the water quantity for the entire development. The owner has a cost share agreement with the County and they are paying for a large portion of the costs to develop ponds as we construct the road. Once the road project is complete, the owners have full ownership of the ponds and will have to maintain the ponds into the future. In regard to meeting the water quality portion of the regulations, the owners will have to provide water quality compliance with the regulations as they obtain permit coverage. This is outlined in the agreement between Frederick County and owners. ! Tff!bqqspwbm!mfuufs!ebufe!Gfcsvbsz!39-!3131/!!! Frederick County Inspections: Master Development Plan for future subdivision. Alternations adjacent to FEMA Floodplain shall be approved. Buildings or structures located in or adjacent to floodplain shall be required as per the 2015 Virginia Residential Code. No additional comments at this time. ! Tff!dpnnfou!mfuufs!ebufe!Gfcsvbsz!4-!3131/!!! Frederick Water: Frederick Water has reviewed and approves the MDP submission, signed and sealed by David Frank on April 15, 2020. Please note that a detailed review will be conducted with the site plan submission. Tff!dpnnfou!mfuufs!ebufe!Bqsjm!26-!3131/!! Frederick County Public Schools: Frederick County Public Schools has reviewed the Heritage Commons Master Development Plan submitted to us on February 4, 2020. We offer the following comment: 1. who live on these streets will need to walk to a public street to meet the bus at a location to be designated by our Transportation Department. 2. We would like to work with you so that buses have a place to turn around at every phase of development. Ideally, the location of turnarounds would be convenient to residential areas. 338 MDP #02-20, Heritage Commons May 15, 2020 Page 3 Tff!dpnnfou!mfuufs!ebufe!Gfcsvbsz!36-!3131/!! Frederick County Parks and Recreation: Parks and Recreation recommends modifying the Buffalo Lick Run trail aligning to connect to Warrior Drive. More specifically to the plan shared-use path along the Warrior Drive alignment. Tff!dpnnfou!mfuufs!ebufe!Gfcsvbsz!29-!3131/!! ! Winchester Regional Airport: !! ! Tff!dpnnfou!mfuufs!ebufe!Nbsdi!:-!3131!boe!tvqqpsujoh!epdvnfoubujpo/!! ! Planning & Zoning: A) Master Development Plan Requirement A Master Development Plan (MDP) is required prior to development of this property. Before a MDP can be approved, it must be reviewed by the Planning Commission, Board of Supervisors and all relevant review agencies. Approval may only be granted if the MDP conforms to all requirements of the Frederick County Zoning and Subdivision Ordinances. The purpose of the MDP is to promote orderly and planned development of the property within Frederick County that suits the characteristics of the land, is harmonious with adjoining property and is in the best interest of the general public. B) Site History The properties subject to the MDP were part of Rezoning (REZ) application #10-15, approved December 9, 2015 with proffers. The approved proffer statement allows up to 645 multi-family residential units and require 107,500 square feet (SF) of commercial development. Additionally, Ordinance requirements for building setbacks, building height, buffers & landscaping, and open space to allow for the creation of a higher density mixed-use community. C) Site Suitability & Project Scope Comprehensive Plan: The 2035 Comprehensive Policy 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. Land Use Compatibility: The parcels comprising this MDP, Heritage Commons, are located within the Count Development Area (UDA) and Sewer and Water Service Area (SWSA). The UDA defines the general area in which more intensive forms of residential development will occur. In addition, the 339 Heritage Commons property is located within the Senseny/Eastern Frederick Urban Area Plan. MDP #02-20, Heritage Commons May 15, 2020 Page 4 This land use plan calls for the area north of Buffalo Lick Run and between I-81 and the future Warrior Drive to be developed with Employment (commercial) land uses and the area south of Buffalo Lick Run for High-Density Residential. Site Access and Transportation: Access, as shown on the MDP, will be provided to the site via Crossover Boulevard (under construction) from the City of Winchester and from Route 522 (Northwestern Pike). Right-of-way for future Warrior Drive north extended is also provided. Internal streets will provide circulation throughout the development. Sidewalks will also be provided on either side of internal streets for pedestrian connectivity within the development. The Applicant will also provide a 10 Buffalo Lick Run for recreation. Zoning Ordinance: The site is in conformance with the applicable Zoning Ordinance standards for the R4 (Residential Planned Community) Zoning District. The MDP also addresses the required buffers, screening, and landscaping elements required by Code. Site Plans for individual lots within the development will need to be submitted and reviewed by Frederick County prior to the establishment of particular uses. STAFF CONCLUSIONS FOR THE 05/06/20 PLANNING COMMISSION MEETING: The Master Development Plan (MDP) for Heritage Commons appears to be consistent with the approved Rezoning (REZ) application #10-15 (proffers) and with the requirements of Article VIII, Master Development Plan, of the Frederick County Zoning Ordinance, and this MDP is in a form that is administratively approvable. All of the issues brought forth by the Planning Commission should be appropriately addressed by the Applicant. PLANNING COMMISSION SUMMARY FOR 05/06/20 MEETING: Staff provided a general overview of the proposed Master Development Plan (MDP), noting it was for information purposes only. Staff explained it was in general conformance with the requirements of the Frederick County Zoning Ordinance and the approved rezoning application. Staff highlighted proffered improvements including a maximum of 645 multi-family residential units, a minimum of 107,500 square feet (SF) of commercial development, future right-of-way (ROW) reservation for Warrior Drive, and preservation of Buffalo Lick Run/environmental features to be used for recreation. There was no discussion or comments from the Planning Commission. STAFF CONCLUSIONS FOR THE 05/27/20 BOARD OF SUPERVISORS MEETING: The Master Development Plan (MDP) for Heritage Commons appears to be consistent with the approved Rezoning (REZ) application #10-15 (proffers) and with the requirements of Article VIII, Master Development Plan, of the Frederick County Zoning Ordinance, and this MDP is in a form that is administratively approvable. All of the issues brought forth by the Board of Supervisors should be appropriately addressed by the Applicant. It appears that the application meets all requirements. Following presentation of the application to the Planning Commission and the Board of Supervisors, and the incorporation of your comments, 33: Staff is prepared to proceed to approval of the application. FRONT ROYAL PIKE MDP # 02 - 20: Heritage Commons 388 WINDY HILL FRONT ROYAL PIKE Subdivision PINs: 63 - A - 150, 64 - A - 10, 64 - A - 12 423 141.75 Acre Mixed-Use Development FRONT ROYAL PIKE 466 422 Zoning Map 186 431 FRONT FRONT 186 WINCREST DR FRONT ROYAL PIKE ROYAL PIKE WINCREST DR ROYAL PIKE 425 FRONT ROYAL 474 473 PIKE 501 WINCHE FRONT FRONT ROYAL FRONT REGIONAL A ROYAL PIKE PIKE ROYAL PIKE Subdivi 497 100 FRONT PREMIER PL ROYAL PIKE MDP #02-20 133 PREMIER PL 125 64 A 10 578 BUFFLICK RD FRONT 545 171 Winchester ROYAL PIKE FRONT BUFFLICK RD 223 ROYAL PIKE 140 188 BUFFLICK R BUFFLICK RD FRONT DR 578 203 154 FRONT BUFFLICK RD BUFFLICK RD ROYAL PIKE 233 64 A 10 210 BUFFLIC 138 609 179 BUFFLICK RD FRONT DR192 FRONT24 MDP #02-20 FRONT DR ROYAL PIKEBUFFLICK RD BUFFLIC 226 155 615201 BUFFLICK RD24 ROYAL FRONT ROYALBRIGSTOCK DR BUFFLIC AVE 628 PIKE 256 MDP #02-20 137 FRONT 641 BUFFLIC ROYAL ROYAL PIKE FRONT ROYAL AVE 63 A 150 §PIKE ¨¦ 655 649 81 64 A 12 FRONT ROYAL FRONT PIKE §ROYAL PIKE ¨¦ MDP #02-20 81 673 113 FRONT BRIGSTOCK DR ROYAL PIKE 699 112 FRONT ROYAL AVIATO PIKE MDP #02-20 721 230 FRONT ROYAL AIRPOR PIKE 236 124 64 A 12 AIRPORT RD 749 CASTLE 238 FRONT BRIDGE CT AIRPORT ROYAL PIKE PRESTON BUSINESS PA 781 Subdivisio FRONT 124 170 ROYAL PIKE CASTLE MUSKOKA CT BRIDGE CT 831 FRONT AIRPORT ROYAL PIKE BUSINESS CENT 867 Subdivision FRONT ROYAL PIKE 791 110 £ ¤ FRONT ROYAL BULMER 190 522 PIKE 3279 LOOP ADMIRA 110 § ¨¦ 3272 PAPERMILL RD BYRD D 81 BULMER LOOP PAPERMILL RD 109 125 ELMWOOD RD 921 ELMWOOD RD 3300 FRONT ROYAL 115 127 PAPERMILL RDPIKE Application ELMWOOD RD 3290 ELMWOOD 107 PAPERMILL RD Parcels 3318 110 910 ELMWOOD RD 120 PAPERMILL RD BULMER LOOP FRONT ROYAL Sewer and Water Service Area 3306 ELMWOOD RD 124 949 PIKE PAPERMILL RD 116 B1 (Neighborhood Business District) ELMWOOD R FRONT MADISON 3312 ELMWOOD RD ROYAL PIKE123 B2 (General Business District) VILLAGE PAPERMILL RD 109 LONGCRO B3 (Industrial Transition District) Subdivision LONGCROFT RD 119 3364103 M1 (Light Industrial District) LONGCROFTRD PAPERMILLRDLONGCROFTRD µ M2 (Industrial General District) R4 (Residential Planned Community District) RP (Residential Performance District) 341 Frederick County Planning & Development 107 N Kent St Winchester, VA 22601 540 - 665 - 5651 04408801,760Feet Map Created: April 24, 2020 FRONT ROYAL PIKE MDP # 02 - 20: Heritage Commons 388 WINDY HILL FRONT ROYAL PIKE Subdivision PINs: 63 - A - 150, 64 - A - 10, 64 - A - 12 423 141.75 Acre Mixed-Use Development FRONT ROYAL PIKE 466 422 Location Map 186 431 FRONT FRONT 186 WINCREST DR FRONT ROYAL PIKE ROYAL PIKE WINCREST DR ROYAL PIKE 425 FRONT ROYAL 474 473 PIKE 501 WINCHE FRONT FRONT ROYAL FRONT REGIONAL A ROYAL PIKE PIKE ROYAL PIKE Subdivi 497 100 FRONT PREMIER PL ROYAL PIKE MDP #02-20 133 PREMIER PL 125 64 A 10 578 BUFFLICK RD FRONT 545 171 Winchester ROYAL PIKE FRONT BUFFLICK RD 223 ROYAL PIKE 140 188 BUFFLICK R BUFFLICK RD FRONT DR 578 203 154 FRONT BUFFLICK RD BUFFLICK RD ROYAL PIKE 233 64 A 10 210 BUFFLIC 138 609 179 BUFFLICK RD FRONT DR192 FRONT24 MDP #02-20 FRONT DR ROYAL PIKEBUFFLICK RD BUFFLIC 226 155 615201 BUFFLICK RD24 ROYAL FRONT ROYALBRIGSTOCK DR BUFFLIC AVE 628 PIKE 256 MDP #02-20 137 FRONT 641 BUFFLIC ROYAL ROYAL PIKE FRONT ROYAL AVE 63 A 150 §PIKE ¨¦ 655 649 81 64 A 12 FRONT ROYAL FRONT PIKE §ROYAL PIKE ¨¦ MDP #02-20 81 673 113 FRONT BRIGSTOCK DR ROYAL PIKE 699 112 FRONT ROYAL AVIATO PIKE MDP #02-20 721 230 FRONT ROYAL AIRPOR PIKE 236 124 64 A 12 AIRPORT RD 749 CASTLE 238 FRONT BRIDGE CT AIRPORT ROYAL PIKE PRESTON BUSINESS PA 781 Subdivisio FRONT 124 170 ROYAL PIKE CASTLE MUSKOKA CT BRIDGE CT 831 FRONT AIRPORT ROYAL PIKE BUSINESS CENT 867 Subdivision FRONT ROYAL PIKE 791 110 £ ¤ FRONT ROYAL BULMER 190 522 PIKE 3279 LOOP ADMIRA 110 § ¨¦ 3272 PAPERMILL RD BYRD D 81 BULMER LOOP PAPERMILL RD 109 125 ELMWOOD RD 921 ELMWOOD RD 3300 FRONT ROYAL 115 127 PAPERMILL RDPIKE ELMWOOD RD 3290 ELMWOOD 107 PAPERMILL RD 3318 110 910 ELMWOOD RD 120 PAPERMILL RD BULMER LOOP FRONT ROYAL 3306 ELMWOOD RD 124 949 PIKE PAPERMILL RD 116 ELMWOOD R FRONT MADISON 3312 ELMWOOD RD ROYAL PIKE123 VILLAGE PAPERMILL RD 109 LONGCRO Subdivision LONGCROFT RD 119 3364103 LONGCROFTRD PAPERMILLRDLONGCROFTRD µ Application Parcels Sewer and Water Service Area 342 Frederick County Planning & Development 107 N Kent St Winchester, VA 22601 540 - 665 - 5651 04408801,760Feet Map Created: April 24, 2020 From:Timothy Rhodes To:dfrank@pennoni.com Cc:John Bishop;Tyler Klein;Rhonda Funkhouser;Matthew Smith;Bradley Riggleman Subject:Heritage Commons MDP Date:Tuesday, February 25, 2020 1:38:46 PM David, We have completed our review of the Heritage Commons Master Development Plan (MDP) signature dated January 28, 2020. The County Approved Generalized Development Plan (GDP) included an inter-parcel connection between landbay two and landbay three. This connection has not been included in the MDP. Other than this change, we have no objection to the MDP. Please revise and submit back to this office for final review. Should you have any questions, please feel free to contact me. Thanks, Timothy Rhodes VDOT Land Development Engineer  Clarke, Frederick, Shenandoah & Warren Counties 14031 Old Valley Pike Edinburg, VA. 22824 (540)-984-5630 343 344 345 From:Tyler Klein To:Pam Deeter Subject:FW: Heritage Commons Master Development Plan Comments Date:Thursday, April 23, 2020 11:03:00 AM From: Joe Wilder <jwilder@fcva.us> Sent: Monday, March 02, 2020 1:32 PM To: Tyler Klein <tklein@fcva.us> Cc: Joseph Johnson <joseph.johnson@fcva.us>; Karen Orndorff <korndorf@fcva.us>; Mike Ruddy <mruddy@fcva.us>; John Bishop <jbishop@fcva.us> Subject: RE: Heritage Commons Master Development Plan Comments Through the development of Crossover Boulevard road project, Frederick County, the owner of property (MMA/ Hunt) and VDOT have a written agreement regarding stormwater management. We are constructing stormwater management facilities that will handle the water quantity for the entire development. The owner has a cost share agreement with the County and they are paying for a large portion of the costs to develop ponds as we construct the road. Once the road project is complete, the owners have full ownership of the ponds and will have to maintain the ponds into the future. In regard to meeting the water quality portion of the regulations, the owners will have to provide water quality compliance with the regulations as they obtain permit coverage. This is outlined in the agreement between Frederick County and owners. Mr. Bishop can provide you copies of that agreement if you need to see the exact language or answer any questions about the agreement and cost share. Hope this helps, Joe C. Wilder Director of Public Works Frederick County, Virginia 107 N. Kent Street Winchester, Virginia 22601 Phone: 540-722-8215 Email: jwilder@fcva.us From: Karen Orndorff <korndorf@fcva.us> Sent: Monday, March 02, 2020 9:27 AM To: David Frank <DFrank@Pennoni.com> Cc: Candice Perkins <cperkins@fcva.us>; Mark Cheran <mcheran@fcva.us>; Tyler Klein <tklein@fcva.us> Subject: Heritage Commons Master Development Plan Comments Good Morning, 346 I have attached a copy of public works' comments for the subject project. Do not hesitate to contact this office if you have any questions. Karen Orndorff Administrative Assistant Department of Public Works 540-722-8221 540-678-0682 (fax) **Please visit the Frederick County Public Works website for updated Land Disturbance/VSMP forms effective July 1, 2019** 347 348 349 REQUEST FOR MASTER DEVELOPMENTPLAN COMMENTS Frederick Water Comment Mail to:Hand deliver to: Applicant: Pennoni Associates, Inc.540-667-2139 117 E. Piccadilly Street, Suite 200 Winchester, VA 22601 Heritage Commons Along the west side of State Route 522 Front Royal Pike Road at the intersection of Airport Road Gsfefsjdl!Xbufs!ibt!sfwjfxfe!boe!bqqspwft!uif!NEQ!tvcnjttjpo-!tjhofe!boe!tfbmfe!cz!Ebwje!Gsbol!po!Bqsjm!26-!3131/!Qmfbtf!opuf!uibu!b!efubjmfe!sfwjfx!xjmm!cf!dpoevdufe!xjui!uif!tjuf!qmbo!tvcnjttjpo/ -FREDERICK WATERUSE ONLY- 502603131 502603131 502603131 Op **Please Return Form to Applicant** 34: Planning Office Wayne Lee, Coordinator of Planning and Development leew@fcpsk12.net February 25, 2020 Mr. David Frank Pennoni Associates, Inc. 117 E. Piccadilly St., Suite 200 Winchester, VA 22601 Re: Heritage Commons–Master Development Plan Dear David: Frederick County Public Schools has reviewed the Heritage Commons Master Development Plan submitted to us on February 4, 2020. We offer the following comment: 1. It is noted that some streets will be private. As our buses don’t travel down private lanes, students who live on these streets will need to walk to a public street to meet the bus at a location to be designated by our Transportation Department. 2. We would like to work with you so that buses have a place to turn around at every phase of development. Ideally, the location of the turnarounds would be convenient to residential areas. Please feel free to contact me at leew@fcpsk12.netor 540-662-3888 x88249 if you have any questions or comments. Sincerely, K. Wayne Lee, Jr., ALEP, LEED AP Coordinator of Planning and Development Cc: Dr. David Sovine, Superintendent of Schools Dr. Al Orndorff, Assistant Superintendent for Administration Mr. John Grubbs, Transportation Director Mrs. Beth Brown, Supervisor of Driver Operations 351 1415 Amherst Street www.frederick.k12.va.us 540-662-3889 ext. 88249 P.O. Box 3508 Winchester, Virginia 22604-2546 352 353 354 355 356 357 358 359 35: 361 362 363 364 365 366 367 368 369 36: 371 372 373 374 375 376 377 378 379 37: 381 382 383 384 385 386 387 388 389