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August 12 2020 Board_Agenda_Packet 7 f AGENDA BOARD OF SUPERVISORS WEDNESDAY, AUGUST 12, 2020 4:00 PM and 7:00 PM BOARD MEETING ROOM 107 NORTH KENT STREET, WINCHESTER, VIRGINIA 22601 4.00 PM Closed Session — The Board will enter a closed session pursuant to Virginia Code Sec 2.2- 3711(A)(3) for discussion of the disposition of publicly held real property, 441 Linden Drive, in the City of Winchester, where discussion in an open meeting would adversely affect the bargaining position or negotiating strategy of the public body, and pursuant to Virginia Code Section 2.2-3711(A)(1), for personnel matters related to a specific candidate for the position of Fire Chief. 1. 7:00 PM Regular Meeting Call to Order 2. Invocation 3. Pledge of Allegiance 4. Adoption of Agenda 5. Citizen Comments — For agenda items that are not the subject of a Public Hearing 6. Consent Agenda - Roll Call Vote Required 6.A. Minutes of Closed Session & Regular Meeting of July 8, 2020 B0S08-12-20Minutes8July2020.pdf 6.13. Parks & Recreation Commission Report of July 14, 2020 BOS08-12-OParksRecreationCommission Report 14July202O.pdf 6.C. Finance Committee Report of July 15, 2020 BOS08-12-OFinanceCommitteeReportl 5July2020.pdf 6.D. Transportation Committee Report of July 27, 2020 BOS08-12-2OTransportationComm itteeReport27July2020.pdf 1 Board of Supervisors Closed Session & Regular Meeting Agenda Page 2 August 12, 2020 Consent Agenda, continued 6.E. Public Works Committee Report of July 28, 2020 BOS08-12-20PublicWorksCommitteeReport28July2020.pdf 6.F. Resolution of Appreciation - Dixon Whitworth BOS08-12-20ResolutionOfAppreciationWhitworth.pdf 6.G. Road Resolution - Christo Rey Estates - Loretto Drive BOS08-12-20RoadResolution Ch ristoReyEstatesLorettoD rive.pdf 6.H. Road Resolution - Twin Lakes Overlook, Phase 9, Section 2 BOS08-12-20RoadResolutionTwinLakesOverlook.pdf 6.1. Request from the Commissioner of the Revenue for Refunds and Supplemental Appropriations 1 . Artisan Plumbing Inc. — $6,253.76 2. Brian Omps Towing & Repair LLC — $3,660.23 3. Fernando Nabor Cruz Velasco — $3,807.92 4. Lease Plan USA, Inc. — $25,297.05 BOS08-12-20RefundsSentToBoard28July2020.pdf 6.J. Adoption of Revised Final Master Plan for the Old Charlestown Road Park BOS08-12-20O1dCharlestown Road ParkMasterPIan.pdf 6.K. Request to Adopt Revised Fee Schedule for Issuance of Land Disturbance Permits BOS08-12-20ProposedVESCP—FeeSchedule.pdf 61. Acceptance of the County's Share of Coronavirus Relief Fund Payments BOS08-12-20Memo—CARES—Cert.pdf 2 Board of Supervisors Closed Session & Regular Meeting Agenda Page 3 August 12, 2020 7. Board of Supervisors Comments 8. County Officials 8.A. Committee Appointments 1. Board of Equalization Two vacant 3-year terms See attached application of Scott Strosnider 2. Conservation Easement Authority 3-year term of Board of Supervisors Rep. Judith McCann- Slaughter expires 08/24/20, Eligible and willing to serve another term 3-year term of County Representative Diane Kearns expires 08/24/20, Eligible and willing to serve another term Vacant 3-year term for County Representative See attached application of Philip Haines 3. Lord Fairfax Community College Board Unexpired 4-year term ending 06/30/2023 See attached applications of Brandon Monk and Mary Beth Echeverria 4. Winchester Regional Airport Authority 4-year term expired 06/30/20 See attached application of Elizabeth Kozel BOS08-12-20BoardCom m itteeAppts(081220Mtg).pdf Note: The Board is seeking applications for the Red Bud District and At- Large seats on the Social Services Board and one seat on the Board of Equalization. 3 Board of Supervisors Closed Session & Regular Meeting Agenda Page 4 August 12, 2020 County Officials, continued 8.13. Resolution Recognizing the 100th Anniversary of Women's Right to Vote BOS08-12-20Dunn19thAmendmentCentennialResolution.pdf 8.C. Resolution to Not Regulate or Prohibit the Otherwise Legal Purchase, Possession, or Transfer of Firearms or Ammunition BOS08-12-20DunnResolutionToNotAdoptRestrictive.pdf 8.D. Discussion: Letter of Support to the Task Force that will Propose Options for the Creation of a National Garden of American Heroes. BOS08-12-20FrederickCoResponseToSecOfl nterior.pdf 8.E. Resolution Consenting to the Filing of a Conditional Use Permit Application for a Utility-Scale Solar Power Generating Facility on Rights-Of-Way within the Springdale Glen and Carrollton Estates Subdivisions BOS08-12-20TorchMemoAndResolution20200804.pdf 4 Board of Supervisors Closed Session & Regular Meeting Agenda Page 5 August 12, 2020 9. Committee Business - Finance Committee 9.A. ( * ) Items 1, 2 and 7 were approved under Committee consent agenda. 1 . ( * ) The Sheriff requests a General Fund supplemental appropriation in the amount of$50. This amount represents a donation to the Honor Guard. No local funds required. Approved on Committee consent agenda. 2. ( * ) The Sheriff requests a General Fund supplemental appropriation in the amount of$2,512.31. This amount represents an auto claim reimbursement. No local funds required. Approved on Committee consent agenda. 3. The Sheriff requests a General Fund supplemental appropriation in the amount of$16,050. This amount represents traffic control reimbursements. No local funds required. The Committee recommends approval. 4. The Sheriff requests a General Fund supplemental appropriation in the amount of$13,756.06 ($2,014.16 pending receipt of funds). This amount represents reimbursements from the IRS for overtime and travel. No local funds required. The Committee recommends approval. 5. The Director of Elections requests a General Fund supplemental appropriation in the amount of$74,301. This amount represents CARES Act funding from the Department of Elections for expenses related to COVID-19 for the November 2020 federal elections only. In addition, a consensus to submit the certification to receive the funds is requested. The certification is due July 31, 2020. No local funds required. The Committee recommends approval. 6. The Director of Elections requests a General Fund supplemental appropriation in the amount of$94,577. This amount represents funds necessary to meet the anticipated increase of voters exercising No Excuse Early Voting for the November 2020 Election. Local funds are required. See attached memo, p. 14 — 15. A portion of these expenses may be eligible for CARES Act funds, but until more guidance is issued that amount is undetermined at this time. The Committee recommends approval. 7. ( * ) The Public Works Director requests a General Fund supplemental appropriation in the amount of$1,650. This amount represents a grant awarded from The Department of Housing and Community Development to support virtual training for required certifications. No local funds required. Approved on Committee consent agenda. BOS08-12-20FinanceCommitteeReport15July202O.pdf 5 Board of Supervisors Closed Session & Regular Meeting Agenda Page 6 August 12, 2020 10. Public Hearings (Non Planning Issues) 10.A. Twelve Month Outdoor Festival Permit Request of Canaan Springs LLC and Abigail Linaburg. Pursuant to the Frederick County Code, Chapter 86, Festivals; Section 86-3, Permit Required;Application; Issuance or Denial; Fee, Paragraph D, Twelve Month Permits. All Events to be Held on the Grounds of 1147 North Pifer Road, Star Tannery, Virginia, Back Creek Magisterial District. Property Owned by Marlboro Springs LLC. BOS08-12-20CanaanSpringsLLCTwelveMonthOutdoorFestivalPerm itApplication.pdf 10.B. Amendment to the 2020-2021 Fiscal Year Budget Pursuant to Section 15.2-2507 of the Code of Virginia, 1950 as amended, the Board of Supervisors will Hold a Public Hearing to Amend the Fiscal Year 2020- 2021 Budget to Reflect a CARES Act Fund Supplemental Appropriation in the Amount of$7,792,215. This amount represents Coronavirus Aid, Relief and Economic (CARES) Act Coronavirus Relief Funds (CRF) allocated by the Commonwealth of Virginia to assist with the direct impact of the COVID-19 pandemic. BOS08-12-20FY20-21 BudgetAmendment(CARESAct).pdf 10.C. Amendment to the Frederick County Code, Chapter 7 Elections, Section 7-3 Central Absentee Voting Precinct. The proposed amendment would add 261-263 Sunnyside Plaza Drive (in Sunnyside Plaza), Winchester, Virginia as a polling location for the Central Absentee Voting Precinct. BOS08-12-20CentralAbsenteePrecinctSunnyside.pdf 6 Board of Supervisors Closed Session & Regular Meeting Agenda Page 7 August 12, 2020 11. Planning Commission Business - Public Hearings 11 .A. Conditional Use Permit #04-20 for Robert S. Blankinship et al, Submitted to Construct a 70 -ft Commercial Telecommunication Facility. The Property is Located at 100 Archwood Trail, Lot 215 in Shawneeland, and is Identified with Property Identification Number 49B03-1-23-215 in the Back Creek Magisterial District. BOS08-12-20CUP04-20RobertBIan kinship.pdf 11.13. Draft Update of the 2020-2021 Frederick County Primary and Interstate Road Improvement Plans - The Primary and Interstate Road Improvement Plans Establish Priorities for Improvements to the Primary and Interstate Road Networks within Frederick County. Comments from the Transportation Committee will be Forwarded to the Planning Commission and Board of Supervisors. Ultimately, the Priorities Adopted by the Board of Supervisors will be Forwarded to the Commonwealth Transportation Board for consideration. The Virginia Department of Transportation and the Board of Supervisors for the County of Frederick, Virginia, in Accordance with Section 33.2- 331 of the Code of Virginia, will Conduct a Joint Public Hearing. The Purpose of this Public Hearing is to Receive Public Comment on the Proposed Six Year Plan for Secondary Roads for Fiscal Years 2021 Through 2026 in Frederick County and on the Secondary System Construction Budget for Fiscal Year 2021. Copies of the Proposed Plan and Budget May be Reviewed at the Edinburg Office of the Virginia Department of Transportation, Located at 14031 Old Valley Pike, Edinburg, Virginia or at the Frederick County Offices Located at 107 North Kent Street, Winchester, Virginia. All Projects in the Secondary Road Improvement Plan that are Eligible for Federal Funds will be Included in the Statewide Transportation Improvement Program (STIP), which Documents How Virginia will Obligate Federal Transportation Funds. Persons Requiring Special Assistance to Attend and Participate in this Hearing Should Contact the Virginia Department of Transportation at 1-800-367-7623. BOS08-12-201nterstateAndPrimaryRoadlmprovementPlans.pdf 7 Board of Supervisors Closed Session & Regular Meeting Agenda Page 8 August 12, 2020 12. Planning Commission Business - Other Planning Business 12.A. Request to Set Public Hearing - Ordinance Amendment — Day-Care Facilities This is a request from a local engineering firm to expand the definition for "Day-Care Facility"to include "adult-care." The current definition for "Day-Care Facility"limits this service to children only. BOS08-12-200rdinanceAmend ment-DayCareFaciIities.pdf 13. Board Liaison Reports 14. Citizen Comments 15. Board of Supervisors Comments 16. Adjourn 8 'r ` r Board of Supervisors Agenda Item Detail . Meeting Date: August 12, 2020 ��GrN Agenda Section: County Officials Title: Minutes of Closed Session & Regular Meeting of July 8, 2020 Attachments: B0S08-12-20Minutes8Ju1y2020.pdf 9 MINUTES CLOSED SESION AND REGULAR MEETING FREDERICK COUNTY BOARD OF SUPERVISORS WEDNESDAY, JULY 8, 2020 5:00 and 7:00 P.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; Shawn L. Graber; J. Douglas McCarthy; Gene E. Fisher; and Judith McCann-Slaughter; were present. Staff present: Kris C. Tierney, County Administrator; Jay E. Tibbs, Deputy County Administrator; Roderick B. Williams, County Attorney; Karen Vacchio, Public Information Officer; Scott Varner, Director of Information Technology; Andrew Farrar, IT Program Coordinator; Mike Ruddy, Director of Planning; Candice Perkins, Assistant Director of Planning; John Bishop, Assistant Director of Planning-Transportation; Mark Cheran, Zoning & Subdivision Administrator; Tyler Klein, Senior Planner; Steve Majchzrak, Assistant Fire Chief; and Ann W. Phillips, Deputy Clerk to the Board of Supervisors. CALL TO ORDER Chairman DeHaven called the meeting to order at 5:00 p.m. CLOSED SESSION Vice Chairman Wells moved that the Board of Supervisors of Frederick County enter a closed session pursuant to Virginia Code Sec. 2.2-3711(A)(3) for discussion of the disposition of publicly held real property, 441 Linden Drive, in the City of Winchester, where discussion in an open meeting would adversely affect the bargaining position or negotiating strategy of the public body and pursuant to Virginia Code Section 2.2-3711(A)(1), for personnel matters, specifically the continuation of the annual evaluations of the County Administrator and the County Attorney. Supervisor McCarthy seconded the motion which carried on a voice vote. At 6:18 p.m., the Board members being assembled within the designated meeting place in Frederick County Board of Supervisors Regular Meeting Minutes *July 8, 2020 1 10 the presence of members of the public and the media desiring to attend, the meeting was reconvened on motion of Vice Chairman Wells, seconded by Supervisor McCarthy and carrying on a voice vote. Vice Chairman Wells moved that the Board of Supervisors of Frederick County certify that, to the best of each member's knowledge, (i) only public business matters lawfully exempted from open meeting requirements by Virginia law were discussed in the closed meeting to which this certification applies, and (ii) only such public business matters as were identified in the motion convening the closed meeting were heard, discussed, or considered by the Board. Supervisor McCarthy seconded the motion which carried as follows on a recorded vote: Blaine P. Dunn Aye Gene E. Fisher Aye Shawn L. Graber Aye Robert W. Wells Aye J. Douglas McCarthy Aye Charles S. DeHaven, Jr. Aye Judith McCann-Slaughter Aye RECESS At 6:20 p.m., Chairman DeHaven recessed the meeting until the 7:00 p.m. regular meeting time. CALL TO ORDER Chairman DeHaven called the meeting to order at 7:00 p.m. INVOCATION Supervisor Fisher delivered the invocation. PLEDGE OF ALLEGIANCE Vice Chairman Wells led the Pledge of Allegiance. ADOPTION OF AGENDA—APPROVED Upon motion of Supervisor Slaughter, seconded by Supervisor Graber, the agenda was adopted as presented on a voice vote. CITIZENS COMMENTS - None Frederick County Board of Supervisors Regular Meeting Minutes *July 8, 2020 2 11 ADOPTION OF CONSENT AGENDA—APPROVED At the request of Supervisor McCarthy, the agenda item entitled Approval to Amend Rules of Procedure in reference to the Agenda Deadline for Regular Meetings of the Board of Supervisors was removed from the Consent Agenda. Upon motion of Supervisor Slaughter, seconded by Supervisor McCarthy, the consent agenda was adopted as revised on a recorded vote as follows: Blaine P. Dunn Aye Gene E. Fisher Aye Shawn L. Graber Aye Robert W. Wells Aye J. Douglas McCarthy Aye Charles S. DeHaven, Jr. Aye Judith McCann-Slaughter Aye - Minutes of Closed Session & Regular Meeting of June 10, 2020 - CONSENT AGENDA APPROVAL -Transportation Committee Report of June 29, 2020 -CONSENT AGENDA APPROVAL,Appendix 1 - Request from the Commissioner of the Revenue for Refunds and Corresponding Supplemental Appropriations - CONSENT AGENDA APPROVAL Toyota Lease Trust—$6,627.22 Undisclosed Taxpayer—Disabled Veteran's Relief—$5,263.87 -Letter of Support for Economic Development District Designation by the U.S. Economic Development Administration (U.S. Department of Commerce) - CONSENT AGENDA APPROVAL - Resolution of Support for Frederick County and Regional SmartScale Applications- CONSENT AGENDA APPROVAL WHEREAS,this resolution supports the following Frederick County and Regional SmartScale Applications within Frederick County for the following projects: Frederick County Applications 1. Exit 317 NB Ramp Realignment to Redbud Rd Location 2. Route 11—Shawnee Improvement 3. Route 11 Corridor and Old Charlestown Road Roundabout 4. Route 7 STARS Improvements Win-Fred MPO Applications 5. Exit 317 Interchange Improvement Project 6. Valley Pike/Shawnee Drive Intersection Improvements 7. Route 11/Old Charlestown Roundabout Northern Shenandoah Valley Regional Commission 8. Route 7 STARS Improvements WHEREAS,the Virginia Department of Transportation(hereafter referred to as the DEPARTMENT)has adopted procedures for evaluating and scoring projects consistent with SmartScale requirements;and, WHEREAS,the DEPARTMENT has requested applications to be submitted by localities to be consider for inclusion in the DEPARTMENT'S Six-Year Improvement Program for Fiscal Years 2022 through 2027;and Frederick County Board of Supervisors Regular Meeting Minutes *July 8,2020 3 12 WHEREAS,projects will be evaluated for inclusion in the Six-Year Improvement Program through screening and scoring process to be undertaken by the DEPARTMENT; and WHEREAS, each of the listed projects play important roles in the County's Long Range Transportation Plan and near term traffic safety concerns; and WHEREAS,the County of Frederick is an eligible entity to apply for transportation funding under House Bill 2; NOW,THEREFORE,BE IT RESOLVED, that the Frederick County Board of Supervisors is supportive of each of these applications for inclusion into the Six-Year Improvement Program fiscal years 2022 through 2027. + + + + + + + + + + + + + + AMENDMENT OF RULES OF PROCEDURE IN REFERENCE TO THE AGENDA DEADLINE FOR REGULAR MEETINGS OF THE BOARD OF SUPERVISORS —APPROVED Supervisor McCarthy moved that the Rules of Procedure and Conduct be amended as follows: RULES OF PROCEDURE AND CONDUCT FREDERICK COUNTY BOARD OF SUPERVISORS 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. It is strongly recommended that supporting information for every item to be placed on the regular meeting agenda be received in the Office of the County Administrator before noon on the Thyrsday Wednesday 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. Supervisor Graber seconded the motion which carried on a voice vote. BOARD OF SUPERVISORS COMMENTS —None COUNTY OFFICIALS: Frederick County Board of Supervisors Regular Meeting Minutes *July 8, 2020 4 13 TOURISM UPDATE Justin R. Kerns, Executive Director of the Winchester-Frederick County Convention and Visitors Bureau, provided an update on the Bureau's activities in light of the Covid-19 pandemic. COMMITTEE APPOINTMENTS DAVID S. ALLEY APPOINTED AS PRIVATE PROVIDER REPRESENTATIVE TO THE COMMUNITY POLICY AND MANAGEMENT TEAM—APPROVED Supervisor Slaughter moved to appoint David S. Alley to a two-year term as the Private Provider Representative on the Community Policy and Management Team. The motion, seconded by Supervisor McCarthy, carried on a voice vote. WHIT L. WAGNER RE-APPOINTED TO THE BOARD OF BUILDING CODE APPEALS — APPROVED Supervisor Slaughter moved to reappoint Whit L. Wagner to a five-year term on the Board of Building Code Appeals. The motion, seconded by Supervisor McCarthy, carried on a voice vote. PROPOSED JOINT MEETING WITH THE PLANNING COMMISSION — APPROVED FOR AUGUST 12, 2020 By consensus, the Board agreed to meet jointly with the Planning Commission on August 12, 2020. PROPOSED JOINT MEETING WITH FREDERICK COUNTY SCHOOL BOARD —AGREED TO SUBMIT MEETING DATE OPTIONS By consensus, the Board agreed to the choices of September 21, 22, and 24, 2020 to submit to the School Board as possible joint meeting dates. PROPOSED MEETING WITH VALLEY HEALTH—AGREED TO PROPOSE MEETING DATE Frederick County Board of Supervisors Regular Meeting Minutes *July 8, 2020 5 14 OPTIONS By consensus, the Board agreed to propose meeting with Valley Health during the last two weeks of October 2020. COMMITTEE BUSINESS - None + + + + + + + + + + + + + + PLANNING COMMISSION BUSINESS—PUBLIC HEARINGS REZONING #01-20 FOR RCS INVESTMENTS, LLC.—APPROVED Candice Perkins, Assistant Director of Planning, reviewed the application to rezone 12.61+/- acres from the M1 (Light Industrial) District to the M2 (Industrial General) District with proffers. She said the subject property is part of the Baker Lane Industrial Park and is located within the limits of the Northeast Frederick Land Use Plan of the 2035 Comprehensive Plan. She noted the Plan identifies the property with an industrial land use designation, therefore, the existing M1 Zoning as well as the requested M2 Zoning are consistent with the goals of the Plan. She concluded saying the Planning Commission did not identify any concerns with the request and recommended approval of the application at their June 3, 2020 meeting. Supervisor Dunn, Ms. Perkins, and Evan Wyatt of Greenway Engineering, representing the Applicant, discussed the industry standard material rejection rate and whether the rejection rate proposed by the Applicant will carry forward should the property be purchased by a new owner. Chairman DeHaven opened the public hearing. No one spoke. Chairman DeHaven closed the public hearing. Supervisor Slaughter moved in favor of approving Rezoning #01-20 for RCS Investments, LLC, and Supervisor McCarthy seconded the motion. Supervisor Graber said the Frederick County Board of Supervisors Regular Meeting Minutes *July 8, 2020 6 15 project's ability to reduce fill at the landfill will have a positive impact. Supervisor Dunn said he was in favor of the project but had concerns about the recycling operations should a new owner take over. The motion carried on a recorded vote as follows: Blaine P. Dunn Aye Gene E. Fisher Aye Shawn L. Graber Aye Robert W. Wells Aye J. Douglas McCarthy Aye Charles S. DeHaven, Jr. Aye Judith McCann-Slaughter Aye ORDINANCE REZONING#01-20 RCS INVESTMENTS,LLC WHEREAS,REZONING#01-20 RCS INVESTMENTS,LLC.,was submitted by Greenway Engineering, Inc.,to rezone 12.61+/-acres from the M1 (Light Industrial)District to the M2(Industrial General)District with proffers with a final revision date March 16, 2020. The subject property is located at 220 Imboden Drive(Route 1327)at the terminus of the cul-de-sac. The property is located in the Stonewall Magisterial District and is identified by Property Identification Number 54-7-7A; and WHEREAS, the Frederick County Planning Commission held a public hearing on this Rezoning on June 3,2020 and recommended approval of this Rezoning; and WHEREAS, the Frederick County Board of Supervisors held a public hearing on this Rezoning during their regular meeting on July 8,2020; and WHEREAS, the Frederick County Board of Supervisors finds the approval of this Rezoning to be in the best interest of the public health, safety,welfare, and in conformance with the Comprehensive Plan. NOW,THEREFORE,BE IT ORDAINED by the Frederick County Board of Supervisors,that Chapter 165 of the Frederick County Code,Zoning,is amended to rezone 12.61+/-acres from the M1 (Light Industrial) District to the M2 (Industrial General) District with proffers dated March 16, 2020. The conditions voluntarily proffered in writing by the Applicant and the Property Owner are attached + + + + + + + + + + + + + + CONDITIONAL USE PERMIT #02-20 FOR NEW CINGULAR WIRELESS PCS, LLC (AT&T). — APPROVED Mark Cheran, Zoning & Subdivision Administrator, reviewed the request for a Conditional Use Permit to construct a commercial telecommunication facility consisting of a 199-foot monopole telecommunication facility and accessory structures. He said the Planning Commission held a public hearing for this application at their June 3rd meeting and recommended approval. He reviewed the conditions to be attached to the permit as recommended by the Planning Commission. Doug Sampson of New Cingular Wireless AT&T briefed the Board on the project noting the importance of providing additional wireless availability during the current pandemic. Supervisor Fisher said the Board and the Airport Authority prefer that towers such as the Frederick County Board of Supervisors Regular Meeting Minutes *July 8, 2020 7 16 one being requested have the strobe and red lighting for air traffic safety. Mr. Sampson said his company will add lighting if the Board desires. Chairman DeHaven opened the public hearing. No one spoke. Chairman DeHaven closed the public hearing. Supervisor McCarthy moved to adopt the ordinance approving Conditional Use Permit #02-20 with the additional requirement for the strobe and red lighting for air traffic safety. Supervisor Graber seconded the motion which carried on a recorded vote as follows: Blaine P. Dunn Aye Gene E. Fisher Aye Shawn L. Graber Aye Robert W. Wells Aye J. Douglas McCarthy Aye Charles S. DeHaven, Jr. Aye Judith McCann-Slaughter Aye ORDINANCE CONDITIONAL USE PERMIT#02-20 NEW LINGULAR WIRELESS LLC(AT&T) WHEREAS, CONDITIONAL USE PERMIT APPLICATION #02-20 was submitted by Joey Prieto of New Cingular Wireless LLC (AT&T), on behalf of Elva Hahn to construct a commercial telecommunication facility consisting of a 199-foot monopole telecommunication facility and accessory structures was considered. The property is located at 141 Fairview Road, Gore, Virginia and is further identified with Property Identification Number 26-A-29 in the Gainesboro Magisterial District;and WHEREAS, the Frederick County Planning Commission held a public hearing on this Conditional Use Permit on June 3,2020 and recommended approval of this Conditional Use Permit;and WHEREAS, the Frederick County Board of Supervisors held a public hearing on this Conditional Use Permit during their regular meeting on July 8,2020;and WHEREAS,the Frederick County Board of Supervisors finds the approval of this Conditional Use Permit to be in the best interest of the public health, safety,welfare,and in conformance with the Comprehensive Plan; NOW,THEREFORE,BE IT ORDAINED by the Frederick County Board of Supervisors,that Chapter 165 of the Frederick County Code,Zoning,is amended to revise the zoning map to reflect that Conditional Use Permit #02-20 for a commercial telecommunication facility consisting of a 199-foot monopole telecommunication facility and accessory structures on the parcel identified with Property Identification Number 26-A-29 is approved with the following conditions: 1. All review agency comments and requirements shall be complied with at all times. 2. The tower shall be available for collocating personal wireless services providers. 3. A minor site plan shall be approved by Frederick County. 4. The tower shall be removed by the Applicant or property owner within twelve (12) months of abandonment of operation. 5. In the event a telecommunications tower is not erected within twelve(12)months of the approval of this Conditional Use Permit,the CUP will be deemed invalid. 6. Any expansion or modification of this use will require a new Conditional Use Permit. 7. The tower shall include lighting for air traffic safety purposes. Frederick County Board of Supervisors Regular Meeting Minutes *July 8,2020 8 17 + + + + + + + + + + + + + + CONDITIONAL USE PERMIT #03-20 FOR FOXGLOVE SOLAR LLC -APPROVED Tyler Klein, Senior Planner, reviewed the request for a Conditional Use Permit (CUP) to enable construction of a 370-acres (disturbed area) utility-scale solar power generating facility located on property totaling approximately 668.5-acres. He reviewed the conditions to be attached to the permit as recommended by the Planning Commission and noted that following the Planning Commission recommendation on June 3rd, the Applicant made minor revisions to the application proposal to better address Commissioner and public comments received at the meeting. At Supervisor Graber's request, Mr. Klein explained the 75' setback providing additional distance because of the width of the roadway in front of the setback. At Supervisor Dunn's request, Mr. Klein explained the decommissioning requirements. John Foote of Walsh Colucci Lubeley & Walsh PC thanked the community and the staff for the support of the proposed solar farm project. John Crawford, representing Urban Grid Solar, made a brief presentation the proposed solar farm project. Supervisor Graber commended the Applicant for making the changes requested by the community during the planning process. Chairman DeHaven opened the public hearing. The public hearing speakers were as follows: Layne Link, Back Creek District, spoke on behalf of the owners of the subject property, Woodbine Farm, saying the project is an opportunity to keep the land in agricultural use. Kara Jenkins, Back Creek District, spoke on behalf of Woodbine Farm saying the project will keep the land from being sold for housing development use. William Shomaker, Back Creek District, spoke in opposition to the project saying his property rights had already been violated by vehicles parking on his property. Glenn Redmiles, Back Creek District, requested clarification about the Applicant's agreement to move a fence and retain the existing trees. Chairman DeHaven closed the public hearing. Frederick County Board of Supervisors Regular Meeting Minutes *July 8, 2020 9 18 Supervisor Graber referenced the two previous speakers saying that vehicles will no longer park on private property and confirming the agreement to keep existing trees. He thanked the Applicant and staff for the time spent reviewing and making changes to the proposal to accommodate the requests of the nearby property owners. Supervisor Graber moved for adoption of the ordinance approving Conditional Use Permit #03-20 with the conditions presented at the meeting and in conformance with the Comprehensive Plan. Supervisor McCarthy seconded the motion which carried on a recorded vote as follows: Blaine P. Dunn Aye Gene E. Fisher Aye Shawn L. Graber Aye Robert W. Wells Aye J. Douglas McCarthy Aye Charles S. DeHaven, Jr. Aye Judith McCann-Slaughter Aye ORDINANCE CONDITIONAL USE PERMIT#03-20 FOXGLOVE SOLAR,LLC TO CONSTRUCT A UTIIITY-SCALE SOLAR POWER GENERATING FACILITY WHEREAS,Conditional Use Permit#03-20 for Foxglove Solar,LLC.,was submitted to construct a utility- scale solar power generating facility. The property properties are located adjacent to Marlboro Road(Route 361),Hites Road(Route 625),Klines Mill Road(Route 633),Clark Road(Route 638)and Vaucluse Road (Route 638)and are identified with Property Identification Numbers 84-A-40,84-A-40A,84-A-50,84-A- 29,73-A-21 &84-A-39 in the Back Creek Magisterial District;and WHEREAS, the Frederick County Planning Commission held a public hearing on the Conditional Use Permit on June 3,2020 and recommended approval of the Conditional Use Permit with conditions;and, WHEREAS, the Frederick County Board of Supervisors held a public hearing on this Conditional Use Permit during their regular meeting on July 8,2020;and, WHEREAS, the Frederick County Board of Supervisors finds the approval of this expansion to a Conditional Use Permit to be in the best interest of the public health, safety,welfare,and in conformance with the Comprehensive Plan; NOW,THEREFORE,BE IT ORDAINED by the Frederick County Board of Supervisors that Chapter 165 of the Frederick County Code,Zoning,is amended to revise the zoning map to reflect that Conditional Use Permit Application #03-20 for utility-scale solar power generating facility is permitted on the parcels identified by Property Identification Numbers 84-A-40,84-A-40A,84-A-50,84-A-29,73-A-21,and 84-A- 39 with the following conditions: 1. All review agency comments provided during the review of this application shall be complied with at all times. 2. An engineered site plan, in accordance with the requirements of Article VIII of the Fredrick County Zoning Ordinance, shall be submitted to and subject to approval by Frederick County prior to the establishment of the use. The site plan shall address additional regulations for specific uses outlined in §165-204.26 of the Frederick County Zoning Ordinance and be in general conformance with the Preliminary Site Plans, included with the CUP application,prepared by Timmons Group,revised July 7, 2020. 3. Buffers and screening shall be provided around the perimeter of the project in general conformance with quantity of the proposed plantings depicted on Sheet 5 of the Preliminary Site Plan, "LandscapingNegetative Screening Detail," included with the CUP application, prepared by Timmons Frederick County Board of Supervisors Regular Meeting Minutes *July 8,2020 10 19 Group, revised July 7, 2020. Buffers and screening shall fulfill the landscape screening requirements of §165-203.02(B)(1) of the Frederick County Zoning Ordinance. The landscape buffer plantings shall be maintained in good health for the life of the project.Landscaping and buffering shall be installed along the property boundary on the east side of Hites Road(Route 635),along the property boundary adjoining PINS 84-1-1, 84-3-2, 84-1-3, 84-1-4, 84-1-5, 84-A-33, and 84-A-35, and along the property boundary on the north side of Klines Mill Road(Route 633),within three(3)months of the commencement of construction on the properties identified with PINS 84-A-50 and 84-A-29.An extension of this time limit may be granted by the County prior to the start of construction,upon the recommendation of a licensed landscape architect or horticulturalist to ensure the planting occurs during optimal seasonal conditions in order to improve the survivability of the required plantings, upon submission to the County of a letter from such licensed landscape architect or horticulturalist,specifying the appropriate time frame for planting to accompany the site plan application project file. 4. Prior to site plan approval,the owner shall enter into a written agreement with Frederick County to decommission solar energy equipment, facilities, or devices pursuant to the terms and conditions of §15.2-2241.2(B)of the Code of Virginia. The written agreement shall be updated every five(5)years and in general conformance with the Decommissioning Plan,included with the CUP application,prepared by Walsh,Colucci,Lubeley&Walsh,revised June 24,2020. 5. Batteries,for the purposes of mass storage of electricity that will eventually be transferred to the grid,are prohibited as part of this CUP. 6. Entrance to the site from Hites Road(Route 635)shall be prohibited. 7. Lay-down yards shall not be permitted to be accessed from or located directly adjacent to Hites Road(Route 635) 8. Pile-driving of poles for solar arrays during construction shall be limited to 7:OOAM to 5:OOPM Monday through Friday. All other construction activities are permitted 7:OOAM to 7:OOPM Monday through Friday and 7:OOAM to 5:OOPM on Saturday.No construction activities are permitted on Sundays. 9. Any expansion or modification of this land use will require the approval of a new CUP. + + + + + + + + + + + + + + BOARD LIAISON REPORTS - None CITIZEN COMMENTS Dana Newcomb, Gainesboro District, spoke in favor of solar power projects and suggested the County develop policies for collaboration between builders and solar power developers to facilitate the construction of solar panels on new houses.. Gwen Thomas, Stonewall District, referenced civil rights and expressed concern about the naming of the future park in her district. She left a written copy of her remarks for the Board. Frederick County Board of Supervisors Regular Meeting Minutes *July 8,2020 11 20 BOARD OF SUPERVISORS COMMENTS Supervisor McCarthy said he was glad to see the solar farm project get approval. Supervisor Graber concurred with the remarks about the solar farm project. Supervisor Graber noted he has not received the school's line item budget first requested last spring. Supervisor Graber referenced the need for impact fees and said he will pursue forming a committee to explore running for the state delegate seat recently vacated by Chris Collins. Supervisor Dunn expressed his appreciation for Woodbine Farm's efforts to establish a solar farm rather than develop the property otherwise. ADJOURN On motion of Vice Chairman Wells, seconded by Supervisor McCarthy, the meeting was adjourned at 8:53 p.m. Frederick County Board of Supervisors Regular Meeting Minutes *July 8, 2020 12 21 'r ` r Board of Supervisors Agenda Item Detail . Meeting Date: August 12, 2020 ��GrN Agenda Section: County Officials Title: Parks & Recreation Commission Report of July 14, 2020 Attachments: BOS08-12-20ParksRecreationCommissionReport14July2020.pdf 22 PARKS AND RECREATION COMMISSION REPORT to the BOARD OF SUPERVISORS Wednesday August 12,2020 7:00 p.m. 107 NORTH KENT STREET,WINCHESTER,VIRGINIA To: Jay Tibbs, Deputy County Administrator for Human Services From: Jason L. Robertson, Director, Parks& Recreation Dept. Date: July 15, 2020 Subject: Parks and Recreation Commission Action The Parks and Recreation Commission met on July 14, 2020. Members present were Natalie Gerometta,Gary Longerbeam, Charles Sandy,Jr.(electronically), Ronald Madagan,Guss Morrison,Amy Strosnider, Dennis Grubbs, and Mr. Robert Wells (Non-Voting Board Liaison). Members absent- Randy Carter ITEMS REQUIRING ACTION BY BOARD OF SUPERVISORS: The Building and Grounds Committee made a motion to adopt a revised final master plan for the Old Charlestown Road Park, seconded by Amy Strosnider, carried unanimously (7-0). Revisions resolve previous committee comments. (Attachment 1). ITEMS SUBMITTED FOR INFORMATION ONLY 1. The Commission recommended requesting a supplemental appropriation from the Finance Committee in the amount of$1005 which represents donations received to the PLAY Fund during FY 20 and dispersed to the appropriate revenue lines which represents financial assistance provided to County youth to participate in a variety of programs and activities. 2. The Building and Grounds Committee made a motion to recommend language for a policy regarding the maintenance of park open space adjoining RP(Residential Performance) zoned properties, seconded by Amy Strosnider, carried unanimously(7- 0). This language would include mowing twice a month twelve feet from the property line. 3. The Building and Grounds Committee made a motion to have staff provide an interpretative flora program at Rose Hill Park, seconded by Natalie Gerometta, carried unanimously(7-0). (Attachment 2). 4. The Building and Grounds Committee made a motion to accept the concept of a children's play garden at Rose Hill Park by the Virginia Master Naturalists organization, seconded by Amy Strosnider, carried unanimously(7-0). (Attachment 3). 23 5. The Buildings and Grounds Committee made a motion to continue disallowing banners to be displayed at the athletic fields as proposed by FCALL,seconded by Dennis Grubbs,carried unanimously(7-0). 6. The Buildings and Grounds Committee made a motion to restrict Class 2 E-Bikes on the Sherando Park Mountain Bike Trails, seconded by Natalie Gerometta, carried unanimously(7-0). Cc: Charles R.Sandy,Chairman Robert Wells, Board of Supervisors' Non-Voting Liaison 24 Cr COUNTY of FREDERICK 4 Parks and Recreation Department " 5401665-5678 Fax:5401665-9687 E-mail: fcprd@fcva.us www.fcprd.net MEMO To: Frederick County Board of Supervisors From: Jon Turkel,Assistant Director,4� Subject: Old Charlestown Road Park Master Plan Date: July 15,2020 The Parks and Recreation Commission is recommending adoption of the Old Charlestown Road Master Plan by the Board of Supervisors. (Attachment 1) The creation of the Old Charlestown Road Park Master Plan was informed by the 2003 Stephenson Village proffer statement,input from individual citizens, AA and stakeholders. An online input portal and a public input meeting was held to gain information as to citizen interests in the development of concept maps. Stakeholders such as the Blue Ridge Youth Soccer Association(BRYSA)and adjoining property owners were directly contacted for input. The Parks and Recreation Commission weighed in on the development of the plan throughout the process. 25 �— uNY ww. Pl. T-I _ f �" a� W a r� LL MM wl 6 t ` 11_`' ILI dd I L—— — — w 1 r� 1 - �.-� l� y� Fl �—�-` �..�+- •• •' _, .T•+`� 3Y� � rrx�•aw im-rx NRSTER PLMI GM ISSCWNIIO N[FOVR(N—.=--�-JWIV .LWC3lIDWICE� �d� r'i♦WvM1w SIZE LAYdIt —_���� 1 I� •oNW w[InMOYdIX!, Nv 11WIIWMY�rOIXN _- _� - —. v^^91E .lia<�rii �+YI[p.MafWav ) _ 10Ft 26 t�}d-avin Min} L Interpretative Flora Program for RHP Purpose: To provide all visitors to RHP with signage that identifies both native and invasive alien species over multiple seasons. It is intended to be an aid to all who ask, 'What is thatT Additionally, this can be replicated at Sherando Proposed approach: General - Plants are identified and their locations marked along the trail(s) using a color-coded numbering system (Color A for invasive species, Color B for native plants as well as a Color C to identify poisonous ones.) A guide is provided that identifies what plant each number represents. Having the markers repeated in multiple parts of the trail are expected to reinforce identification. The handouts will also have links to various sites where people can get additional information such as Blandy Farm, DCR, DGIF, etc. Audience(s): Children — The guide provides clues (What plant looks like? Has leaves that?)for the child to identify at various sites. Parents- Provides the 'answer guide'for parents/others to be able to help the child(ren) during the walk. Adults Same guide as the Parents' edition. Equipment required: Recognizing the current fiscal constraints, we believe it can be done with very little funding: A sign/start point would be required that would require a trail map, large scale map (same as the handout/trifold), handout dispenser Number signs to place at the various points (something relatively small but sturdy) 27 C 3 Children's Playgarden Project Proposal Presented by Christie Green and Paul Guay Members of theVirgima Master Naturalists, Shenandoah Chapter Introduction This is a proposal for the creation of a native plant garden with children's recreational activities incorporated into the design—a children's"playgarden"—at Rose Hill Park. The project would be a collaborative effort between the volunteers of the Shenandoah Chapter of the Virginia.Master Naturalists and the Frederick County Parks and Recreation Department.Any input, advice,guidance,and assistance from Park leadership and staff would be most welcomed and appreciated. V1181on& Mission we envision insPirillg local , families with the _ - beauty and educating , them about benefits of native plantlife. ! Illustration 1: View is looking toward Jones Road.Proposed garde, site to the right of the playground. Building on the Department's mission of a natural playscape, our mission is to design and install a garden igniting children's imaginations via a complete wildlife habitat featuring plants all native to Frederick County as well as age-appropriate engagement. Goals&Objectives Goal 1: encourage children to become interested in and engage with the natural world around them Objectives: • enchant children with a garden of native flowers, shrubs,and trees rich in colors,textures, shapes, sizes, and fragrances for a multisensory experience with a walking path down the center • incorporate engagemnt opportunities encouraging learning,inspiring creativity,and building 28 observation skills • captivate children's creative sense of fun with two resting alcoves to spend time observing, exploring,and participating in the natural goings-on of the garden Goal 2:provide a complete wildlife habitat for pollinators and birds(and,yes,probably deer) Objectives: • use trees,shrubs, flowers, and grasses native to Frederick County and its surrounding area • follow the National Wildlife Federation's checklist for a wildlife garden with adequate food sources, available water,shelter,safe places to raise young,and using sustainable practices Goal 3:promote native plants as gorgeous,potential additions to home landscaping,thus increasing food sources for pollinators beyond one garden Objectives: • showcase native plants and flowers in such a way that parents can visualize using them in their own gardens • include list of specimens and nurseries where they can be purchased on main kiosk The Playgarden The space next to the existing playground,using the playground edge as one border,is 47'x 60' across the back x 33'. The proposed size of the playgarden is approximately 45' (parallel to the playground edge)x 12'x 40'x 18'.This is an estimate,however, as the shape of the garden is more rounded and organic. This size was chosen as it allows for necessary variety of plants for a true wildlife habitat and ample space for a couple of different ways to actively engage young visitors.At the same time,it leaves plenty of open space for children to run. Helping with plant selection and design are master naturalists who are experts in Virginia native plants and have built pollinator gardens at Sky Meadows State Park and at the Park and Ride on Route 50 in Waterloo,Virginia.This will ensure all plants selected are truly native and safe for both humans and dogs. For more details,including illustrated price list,please see the following attachments to this proposal: Attachment A: Playgarden diagram(jpeg file) Attachment B: Images of some of the proposed plants(Powerpoint file) Attachment C:Full list of proposed native specimens and estimated budget.Please note in other pollinator garden projects,nurseries offered discounted prices. Other potential cost-saving measures include culling specimens from fellow naturalists'own gardens or even potentially the pollinator garden at Glen Burnie Gardens. In addition to the plantlife,there are many options for incorporating children's engagement activities. 29 B m These include,but are not limited to: • Free Little Library at child-height so they can access books and/or art supplies without adult help • Child-sized bench to invite children to stop and absorb what's around them • Age-appropriate educational signage at different points of interest • A water feature, something as simple as a shallow puddle surrounded by rocks and toad houses • A main kiosk with take-away sheets of riddles,puzzles, scavenger hunts,or other nature based activities to solve by exploring the garden • Child-friendly artwork/sculpture for visual interest in dormant months • A vine-covered arbor to walk under • A vine-covered structure to sit inside,such as a tee pee or a simple dome cover Partner Roles&Responsibilities Virginia Master Naturalists Please see Attachment D: VMN, Shenandoah Chapter Info Graphic, for an overview of what the chapter contributed to the region in 2019. Chapter volunteers will provide the following: • Maygarden design and installation,including initial site prep work in July to be ready for planting in fall • Writing of grants and other fundraising materials,seeking donations of gifts-in-kind • Ongoing,larger maintenance issues such as plant replacement • Initial mulching There are some elements needed from the Frederick County Parks&Recreation Department, including: • The VMN program is not a 501(c)(3),and, as such,cannot be the accepting entity of donations. Therefore the P&R Department,or another partner organization,must be the recipent of all fundraising efforts. • Routine maintenance,such as watering • Notifying the VMN chapter when additional assistance is required,ex.plant replacement,major weeding, or help refreshing mulch • Assuming of liability issues in the event of insect stings,inappropriate use of the playgarden space and equipment(ie. Children climbing on benches)etc., although the educational signage will address such rules and risks.The Department's suggested verbiage on these kinds of issues is most appreciated,though it would be nice to then translate it into child-friendly language. Conclusion Children are naturally inquisitive about the world around them. But ubiquitous construction reminds us that open spaces for children to safely roam and interact with nature are becoming increasingly rare. While a playgarden can't fill that sizeable void,it can be an introduction for children to the cycles and relationships that keep the natural world healthy and balanced. Igniting that curiosity and magical sense early can lead to a lifetime of enjoyment and reverence for our environment. 30 A.Al Or ����riP� Flo-, __ .,1 �h''t�a' (lot! 0(5 L< alp tv CA) -.A. Attachment C: Illustrated Plant List and Budget for Children's Playgarden at Rose Hill Park (2 pars) These prices are a mix of discounted prices from various nurseries as well as some retail costs, where we couldfind them.Most nurseries don't open until April. TREES Qty $each Total$ Pagoda Dogwood I Cornus alternafolia 1 $38 $38 Downy Juneberry I Ameianchier arbores 1 90 90 SHRUBS New Jersey Tea I Ceanothus americanus 3 25 75 Virginia Sweetspire I Itea virginica 3 25 75 Carolina Allspice I Calycanthus floridus 3 Joe Pye Weed I Eutrochium purpureum 15 10 150 Arrow-Wood Viburnum I Viburnum dentatum 2 44 88 Maple Leaf Viburnum I Viburnum acerifolium 2 GRASSES Pink Muhly Grass I Muhlenbergia capillaris 5 10 50 PERENNIALS New York Ironweed I Vernonia noveboracensis 7 Butterfly Weed I Asclepias tuberosa 9 10 90 Kansas Gay Feather I Liatris spicata 7 10 70 New England,Aster I Symphyotrichum novae-angliae 3 15 45 Black-Eyed Susan I Rudbekia hirta 7 7 49 Common Milkweed I Asclepias syriaca 45 4 180 Purple Milkweed I Asclepias purpurascens 11 10 110 Creat Blue Lobelia I Lobelia siphilitica 7 7 49 Bee Balm IMonarda,fistulosa 7 10 70 Smooth Oxeye I Heliopsis helianthoides 7 10 70 Jacob Cline I Monarda didyma 7 7 49 Fireworks Goldenrod I Solidago rugosa`Fireworks' 7 VINES Trumpet Honeysuckle i Lonicera sempervirens 2 15 30 Estimated total for plant material and mulch should not exceed$2,000. 32 CHILDREN'S ENGAGEMENT The hope is to get various groups involved in the making of these extra special items that will make this truly a children's playgarden.For example,a high school workshop class to make the free little library and arbor,a scout troop to make the bench, some local school art classes to make little sculptural surprises hidden throughout.But if items must be purchased at retail,below is an illustrative list of items and costs. Free Little Library:est.retail cost approx.$300 Child-sized bench: est.retail cost approx.$50 Arbor: est.retail cost for pre-made approx. $400 Still to be priced out—the cost for a child-sized signage with rules and warnings and little surprises spread around the garden to delight kids. The main goal,however,is to get as many groups in the community as possible creating different elements to generate awareness,create a share sense of ownership and pride,and keep costs to a minumum. After the challenges of social distancing,having a creative cause for citizens to rally around can only help to revitalize our sense of community. 33 5/27/2020 t4w1e tis ersaeoerdaa�x4 ran SOME EASTERN REGION NATIVE PLANTS . sooctFon of Nauve f+'rani% , For The Rase Hill i Children's Garden 1u d O+nv+xeuA+ roar�rmn.a�►name...f0 _,�-, - '� ew.mn.exaaugn ,r • • Z 5 �KiyNiVi6rimumorrrlj6lRnra Smoot owls MaplOtegfViburarar _ wr.dw.rraml an =4�a.mnwrr►oy I d 1 34 S/27/2020 l�lr�a�+ok�roe�roaQ sxs _ __ �Icovlf9Rr�edlafrd�ldar �. 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Y11 1 - 1isilll�IIIIiffia i fpi--,At 219 Virginia717 — Chapter Accomplishments Shenandoah • • The Virginia Master Naturalist prograni is a statewide corl)s of trained volunteers providinc, IIZItUril resource education, citizen science, and stewardship in their communi ties. 98 x.0,6470 $2 92,793 40 Volunteers Hours of Service Monetary Value . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 60 1,952 Members Hours achieved Certified contributed to Virginia Master education & Naturalist status outreach in the 10 community Outdoor Sites 33 improved through Trainees stewardship Scientific Studies p activities at paries supported through citizen graduated from the and natural areas science projects basic training course . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . i increasing Access to Nature Volunteers planned & built the Sensory Explorers Trail at Sky ` Meadows State Park, providing a place for people of all ages and abilities to explore the natural world. Providing Community Educatio-,, Volunteers assisted with educational programs at Blandy Experimental Farm, Shenandoah National Park, and the Smithsonian Conservation Biology Institute. Kesearching Biodiversity Volunteers collected data on birds, pollinators, & plants in field & grassland habitats with the Virginia Working Landscapes project. Virginia Master Naturalist programs and employmentare open to all,regardless of age,color,disability,gender,gender Identity,gendere�r�ession,national origin,political affiliation, race,religion,sexual orientation,genetic information,veteran status,or any other basis protected by law.An equal opportinitVAffirmative action employer. 38 'r ` r Board of Supervisors Agenda Item Detail . Meeting Date: August 12, 2020 ��GrN Agenda Section: County Officials Title: Finance Committee Report of July 15, 2020 Attachments: BOS08-12-20FinanceCommitteeReport15July2020.pdf 39 FINANCE COMMITTEE REPORT to the BOARD OF SUPERVISORS Wednesday,July 15,2020 8:00 a.m. 107 NORTH KENT STREET,WINCHESTER,VIRGINIA A Finance Committee meeting was held in the Board of Supervisors Room at 107 North Kent Street on Wednesday,July 15,2020 at 8:00 a.m. ATTENDEES: Committee Members Present: Judith McCann-Slaughter,Chairman; Charles DeHaven; Robert Wells;Jeffrey Boppe; and non-voting liaisons William Orndoff,Treasurer and Seth Thatcher, Commissioner of the Revenue. Committee Member Absent: Angela Rudolph-Wiseman. Staff present: Cheryl Shiffler, Finance Director; Sharon Kibler,Assistant Finance Director; Kris Tierney,County Administrator;Jay Tibbs, Deputy County Administrator; Rod Williams, County Attorney;Joe Wilder, Public Works Director; Chester Lauck, Deputy Emergency Management Coordinator; Lenny Millholland,Sheriff; and Richard Venskoske,Voter Registrar. ITEMS REQUIRING ACTION BY BOARD OF SUPERVISORS: ( * ) Items 1,2 and 7 were approved under consent agenda. 1. ('* )The Sheriff requests a General Fund supplemental appropriation in the amount of$50. This amount represents a donation to the Honor Guard. No local funds required. See attached memo, p.4. 2. (*')The Sheriff requests a General Fund supplemental appropriation in the amount of $2,512.31. This amount represents an auto claim reimbursement. No local funds required. See attached memo, p. 5—6. 3. The Sheriff requests a General Fund supplemental appropriation in the amount of$16,050. This amount represents traffic control reimbursements. No local funds required. See attached memo, p. 7—8. The committee recommends approval. 4. The Sheriff requests a General Fund supplemental appropriation in the amount of$13,756.06 ($2,014.16 pending receipt of funds). This amount represents reimbursements from the IRS for overtime and travel. No local funds required. See attached information, p. 9. The committee recommends approval. 40 5. The Director of Elections requests a General Fund supplemental appropriation in the amount of $74,301. This amount represents CARES Act funding from the Department of Elections for expenses related to COVID-19 for the November 2020 federal elections only. In addition,a consensus to submit the certification to receive the funds is requested. The certification is due July 31,2020. No local funds required. See attached information, p. 10—13. The committee recommends approval. 6. The Director of Elections requests a General Fund supplemental appropriation in the amount of $94,577. This amount represents funds necessary to meet the anticipated increase of voters exercising No Excuse Early Voting for the November 2020 Election. Local funds are required. See attached memo, p. 14—15. A portion of these expenses may be eligible for CARES Act funds, but until more guidance is issued that amount is undetermined at this time. The committee recommends approval. 7. (*)The Public Works Director requests a General Fund supplemental appropriation in the amount of$1,650. This amount represents a grant awarded from The Department of Housing and Community Development to support virtual training for required certifications. No local funds required. See attached information, p. 16—19. ITEMS NOT REQUIRING ACTION BY BOARD OF SUPERVISORS: 1. A public hearing advertisement and subsequent CARES Act Fund supplemental appropriation in the amount of$7,792,215 is requested. This amount represents Coronavirus Relief Funds(CRF) allocated from the State's receipt of Coronavirus Aid, Relief,and Economic Security(CARES)Act of 2020 to aid localities with the direct impact of the COVID-19 pandemic. No local funds required,and unspent funds must be returned. See attached information, p.20—29. The committee recommends approval to advertise the public hearing. INFORMATION ONLY: 1. The Finance Director provides a Fund 10 Transfer Report for June 2020. See attached, p. 30—32. 2. Fund balance information will be provided after the County closes FY20. 2 41 Respectfully submitted, FINANCE COMMITTEE Judith McCann-Slaughter,Chairman Charles DeHaven Robert Wells Jeffrey Boppe By CYg; Z B. Shy Cheryl B.Shiffler, Finance Director 3 42 Cy. COUNTY SHERIFFS pF R Sheriff Lenny Mlllholiand � Major Steve A.Hawkins 1080 COVERSTONE DRIVE WINCHESTER,VIRGINIA 22602 540-662-6168 FAX 540-504-6400 TO : Cheryl Shiffler Director of Finance FROM : Sheriff Lenny Millholland SUBJECT :Appropriation of Funds—Donation Honor Guard DATE : June 22, 2020 We are requesting the donation received for the Honor Guard that was posted to 3-010-018990- 0006(1 OCR)to be appropriated in budget line 4-010-031020-5410-000-000. $50.00—Timothy Weir This amount will go towards items for their uniform that is needed Thank you, L WM/adc 1 (2-o W11111 .Code on ryv mo `TD Tms 6fc. Po5lcd 4D -olo--a18'�"4D Ca c,� e d wt 43 RICK COUNTY SHERIFFS O FFI Ct Y �prcx ro Sheriff Lenny Millholland °lk Major Steve A. Hawkins �'RG�rs�P 1080 COVERSTONE DRIVE WINCHESTER, VIRGINIA 22602 540-662-6168 FAX 540-504-6400 TO Cheryl Shiffler Director of Finance FROM -.Sheriff Lenny Millholland DATE : June 23, 2020 SUBJECT : Insurance Reimbursement The Frederick County Sheriff's Office has received a check from VACoRP for a auto claim dated January 4, 2020.We are requesting$2,512.31 be appropriated into the following line item.This amount will go towards maintenance on the vehicles Please appropriate to line item 31020-3004-000-002 Thank you LWM/adc c.s. 6/24/20 5 44 _ FFFQ=, COUNTY r..; Fes.JNAF4Cj" VACORP June 5, 2020 Frederick County Attn:Jennifer Place 107 North Kent Street Winchester,VA. 22601 Virginia Association of Counties Self Insurance Risk Pool Member: Frederick County - Claim Number: 0342020262427 Date of Loss: 1/4/2020 Dear Ms. Place: Enclosed please find VACORP property damage check in the amount of$2,512.31 for the repairs to the 2016 Ford Interceptor VIN 6972 that was damaged on 1/4/2020, This payment was based on the appraisal submitted from SO Appraisal Services for $3,012.31 less the$500..00 deductible. If you should have any questions regarding this payment, please feel free to call me at 1- 888-822-6772 ext. 174. Sincerely, Tared Mullen Claims Specialist Enclosed—Check 7 Willi 1819 Electric ltd.,Suite C Roanoke,VA 240181888.822-67721 Fax 877-212.8599 www.vacorp.org 6 45 Sharon Kibler From: Angela Carroll Sent: Tuesday,June 23, 2020 10:15 AM To: Sharon Kibler Subject: Recover cost reimbursement Good morning, We have received $8,800.00 check from Richardson-Wayland for traffic control (recovered cost) GL#3-010-019010- 0018.Will go back into OT. I think we're only waiting on one more check from Navy.That will be from June recover cost. Thank you Q Avigie Carroll AdmiKistrative AssistaKt Frederick Couvtty Sheriff's Office 1080 Coverstov<e Dr. , WiKchester, VA 2-2-602- Email: .2.602Email: acarroll@fcva.us Te I. 540-504-65.34 Fax. 540-504-6400 "Kindness is FREE SPRINKLE Mat stuff EVERYWHERE" WO 1 7 46 Sharon Kibler From: Angela Carroll Sent: Wednesday,June 17, 2020 1:34 PM To: Sharon Kibler Subject: Navy Federal Reimbursement received Hello again, Just wanted to let you know I have received the check from Navy for May's reimbursement. We'll have one for June that we'll get in July.The amount received is$7,250 and having it post to rev. line 3-010-019010-0018 (10GO) Thank you and have a great day@ AKgie Carroll Administrative Assistavlt Frederick Couvtty Sheriff's Office 1080 Coverstovte Dr. , Mnchester, VA 22.602. Email: acarroll@Fcva.us Tel- 540-504-6534 Fax. 540-5704-6400 1 8 47 Month OT Travel Veh Maint Powered Equip Total Amount Date Paid 3004 5408 Claimed Rcvd $4444E124-.-58 52,911.39 - Aug $2,709.56 $712.80 $3,422.36 $3,422.36 10/15/2019 Sep $1,986.76 $2,874.80 $4,179.30 $2,794.80 $11,835.66 $11,835.66 2/11/2020 Oct $1,844.96 $713.00 $2,557.96 $2,557.96 6/8/2020 Nov $863.25 $863.25 $863.25 2/28/2020 Dec $1,210.75 $1,210.75 $1,210.75 2/26/2020 Jan $2,423.76 $1,322.80 $3,746.56 $3,746.56 3/26/2020 Feb $2,020.40 $2,010.89 $4,031.29 $4,031.29 5/27/2020 Mar $2,306.42 $885.96 $3,192.38 $3,192.38 5/27/2020 Apr $1,960.27 $1,960.27 $1,960.27 6/8/2020 May $2,014.16 $2,014.16 Pending $20,781.66 $8,965.69 $5,203.88 $2,794.80 $37,746.03 Total Paid $35,731.87 Amount Claimed $37,746.03 Already Paid -$35,731.87 Pending $2,014.16 Pending OT Only May $2,014.16 Total $2,014.16 JUL WAS FY19 FY 20 AUG,SPET, NOV, DEC,JAN-$21,078.58—S/A 5/20/20 FIN COMM, 5/27/20 BOS FY 20 OCT, FEB, MAR,APR-$11,741.90—not reported at the time of the 5/20/20 Finance Committee meeting. MAY NOT RECD(as��)��dl�-}, �D 3-010-033010-0025 O� co g VIRGINIA DEPARTMENT of ELECTIONS News Release For Immediate Release June 9,2020 For more information: Andrea M. Gaines 804-864-8928 Andrea.Gaiunes a elections.Virginia.Gov Virginia Department of Elections Announces Cares Act Funding RICHMOND—The Virginia Department of Elections today announced the distribution of $9 million in Coronavirus Aid, Relief and Economic Security(CARES)Act funding,granted specifically to prevent, prepare for,and respond to coronavirus, domestically or internationally, for the 2020 federal election cycle. "COVID-19 has brought unprecedented challenges to our electoral system. It is vital to keep our election officials and voters safe. It is also imperative that local election offices are equipped to handle the anticipated increase in the volume of absentee ballots. We are happy to distribute these funds to ensure that local election offices are prepared for the November election during the COVID-19 pandemic,"said Christopher Piper, Commissioner of the Virginia Department of Elections. The Department of Elections is notifying local voter registration offices that CARES Act funding maybe used for a number of expenses related to COVID-19 for the November 2020 federal elections only. These funds may be used toward any expenditures related to the protection of the health and safety of poll workers, staff, and voters during the federal election as well as those resulting from anticipated increased demand for absentee ballots by mail costs(e.g. printing ballots, printing envelopes,postage, etc.),equipment and temporary staff. Local voter registration offices may also utilize the funding for voter outreach to include mailings,public service announcements, etc. Funds cannot be utilized for items that would be needed regardless of the COVID-19 pandemic. While funds disbursed to localities may also be used for obtaining personal protective equipment(PPE),the Virginia Department of Elections has provided $1 million in PPE and sanitization supplies utilizing state resources for May local elections and CARES Act funding for June primary elections and is preparing to provide PPE for the November election as well. These 10 49 supplies consisted of masks, face shields, gloves,hand sanitizer, disinfectant for voting machines and other surfaces,precinct protection kits,one-time use folders and one-time use pens for voters to utilize at polling locations. The Virginia Department of Elections encourages voters to protect their health during the COVID-19 outbreak by voting absentee for all upcoming elections. Voters can go to elections.viri-,inia.cov/absentee to submit an application for an absentee ballot.Voters who choose the absentee option should do so as soon as possible so they can get their ballots in time to return them by mail by Election Day 11 50 Sharon Kibler From: Rich Venskoske Sent: Tuesday,June 16, 2020 4:38 PM To: Sharon Kibler Subject: FW: '[External]'2020 CARES ACT Certification and Award Attachments: Grant Award Cert-frederick.xlsx Good afternoon, Is this something you would assist with? Thanks, Rich From: Mitchell, Kierra<kierra.mitchell@elections.virginia.gov> Sent:Tuesday,June 16, 2020 4:01 PM To: Rich Venskoske<rich.venskoske@fcva.us> Subject: '[External]'2020 CARES ACT Certification and Award Attached is the Certification and award amount for the 2020 CARES ACT.The certification is being sent to the GR as the primary contact. The form shows the amount that you will be receiving in July/August that can be used to help offset the cost associated with the 2020 Presidential Election. The money must be used for costs related to the CORONAVIRUS for items such as mailings, equipment to handle increase in voting preferences, personnel etc.The additional expense must be related to the CORONAVIRUS. Please return the certification by July 31 Nrith both of the requested signatories. If there are any questions please let me know. Kierra Mitchell Administrative Assistant Department of Elections kierra.mitchell@elections.vireinia.eov (804)593-2277 Department of Elections Email Disclaimer: This message,including any attachments,may summarize laws,regulations and policies of the Virginia Department of Elections or the Commonwealth of Virginia. Furthermore,this message and any responses sent to this email address may be subject to public disclosure under FOIA.For more information,please call the Virginia Department of Elections at 1-800-552-9745 or visit htt�,s:l/www.elections.virginia.ciov/e-mail-disclaimer/index.html. 1 12 51 2020 CARES ACT - (COVID-19) Enter Contact Information Email completed certification as an attachment to: County or City Name'Frederick County fiscal@eIections.virl Jnia._ov Locality Code 069 For questions, contact ID (internal use only) 0000046246 Kevin Hill at:804-864-8950 Mailing Address: Street 1 Street 2 See Instructions Tab . Fill in the shaded areas. City When finished, SAVE this workbook. Zip Code Email thecompleted certification to fiscal@elections.virginia.gov Enter the subject like chis- Name of Locality-CARES ACT Certification. Please Provide applicable) Total Award amount of CARES ACT(COVID-19)Funding $ 74,301 AdministratorChief Administrative Officer (City Manager,County . . 1 certify that the amount awarded is to be used for Elections allowable expenses.Any funding from CARES ACT that is not an eligible expense must be paid back to ELECT with interest.We also agree to maintain all records for a period of 4 years or audited.All funds must be encumbered by November 30,2020 and paid out by December 31,2020. Name Email Work Title Phone General Register (Primary Contact) Now 1 certify that the amount awarded is to be used for Elections allowable expenses for the 2020 Presidenia) Elections.We also agree to maintain all records for a period of 4 years or audited. All funds must be encumbered by November 30,2020 and paid out by December 31,2020. Name Email Work Title Phone 13 52 OFFICE OF VOTER REGISTRATION Richard M.Venskoske Director of Elections 107 N.Kent Street,Suite 102,Winchester,VA 22601-5039 E-mail:rich.venskoske@fcva.us Telephone:540-665-5660 To: Frederick County Finance Committee From: Rich Venskoske 0 Subject: Supplemental Budget Request for the November 3,2020 General and Special Election Date: Wednesday,July 8,2020 The Director of Elections requests to be placed on the Frederick County Finance Committee Agenda for their next meeting. The purpose of this request is to seek approval of the Supplemental Budget Request for the November 3,2020 General and Special Election. The amount of the Supplemental Budget Request is $94,577. This amount should cover all expenses related to the Election and for the No Excuse Early Voting. This Supplemental Budget Request is to be done from the 2020—2021 Budget year. 14 53 Line item Budgeted Additiional Needs COVID 013010-1003-000-000 Part Time/Extra Help 18,000 23,800 2wks 4800 013010-1005-000-000 Overtime 7,500 2,500 013010-1006-000-002 Poll Workers 61,750 25,000 013010-2001-000-000 FICA 1,364 013010-2011-000-000 Worker's Comp 13 013010-3007-000-000 Advertising for Satellite location 0 500 013010-3010-000-000 Delivery/Pickup of Equipment 50,260 500 013010-5204-000-000 Postage-Extra Mailed Ballots 4,438 6,500 50% 3250 013010-5401-000-000 Office Supplies 6,584 14,200 10% 1420 013010-5506-000-000 Mileage btwn Office&Satellite 0 420 013020-9001-000-000 High Speed Copier- Print PollBooks 2400 690 013020-1005-000-000 Overtime 4,500 4,500 013020-9001-000-000 High Speed Copier- Print PollBooks 2400 690 Maintenance 2500 Initial Cleaning 1500 Cleaning Services(6 weeks) 1500 IT-Networking 8000 Cleaning and Toilet Supplies 400 94,577 15 CO a4 �� COUNTY of FREDERICK ® Inspections Department `RGIN 73 Mark A. Fleet, Building Official 540-665-5650 Fax 540-678-0682 MEMORANDUM To: Cheryl Shiffler, Finance Director Thru: Joe Wilder, Director of Public Works'. From: Amy Feltner, Plans Examiner Subject: Request for supplemental appropriations/Carry Forward FY 20/21 Date: July 6, 2020 The Building Inspections Department has been awarded a grant in the amount of$1,650 by the Virginia Department of Housing and Community Development (DHCD). Due to the governor's orders regarding social distancing and gathering limits, the Building Code Academy is now providing certification and continuing education classes online. Recognizing that, for localities to participate in training through virtual means, many localities may need the equipment necessary to attend online training. DHCD is making funding available through the Virginia Code Academy for jurisdictional building departments, who participate in the collection and conveyance of the levy surcharge to DHCD, to the purchase of necessary equipment. The funds were received and deposited June 29, 2020. Therefore, we are asking for the funds to be appropriated in FY 19/20 then carried forward to FY 20/21 budget cycle in line item 3401-5401-000. 3-010-024040-0010 c.s. 6/29/20 107 North Kent Street • Winchester,Virginia 22601 16 55 LO : ; C Ralph S Northam Governor y { �Q, C. R.Brian Bell � MM0AT WEALTH ®J VIRG I` 'N I ~ Erik Directorston Secretary If DEPARTMENT OF Commerce and Tracie HD;JS'NG AND GOMMUNITy DEVELOPMENT June 15, 2020 TO: Amy Light Feltner Frederick County FROM: Sandi Morris Director, Vir "u�ilcdring�ACademy RE: Virtual Training Support Grant Award Congratulations! The Department of Housing and Community Development has reviewed and approved your application to the 2020 Virtual Training Support Grant in the requested amount of$1650. The check will be mailed separately and should be received within 30 days to the address provided on the W-9 form submitted with your grant application. As indicated by your signature on the application you have agreed to the following terms: 1. Use the grant funds only as specified in the approved grant proposal unless otherwise approved by DHCD, 2. All grant-approved expenditures must occur by September 1, 2020 unless otherwise approved by DHCD. 3. Provide expense record and receipts to DHCD to verify grant expenditures and activities no later than September 30, 2020, 4. Account for, report, and repay, if necessary, any portion of the funds not used for the specified purposes unless otherwise approved by DHCD, 5. Refrain from use of the funds for any purpose prohibited by law, 6. Cooperate with any efforts of DHCD to publicize the grant award. Again, awarded funds must be spent by September 1, 2020. The completed Expense Report and receipts/proof of purchase are due to our office by September 30, 2020. If you have any questions please contact Kelly Duggins at kelly.duggins@dhcd.virginia.gov. Thank you for taking advantage of this training support grant opportunity and we look forward to seeing you at future trainings. ♦.+ Virginia Department of Housing and Community Development I Partners for Better Communities �/wiea-�wpuIp Ma n Street Centre 1 600 East Main Street,Suite 300 Richmond,VA 23219 j j 11®rco www dhcd.virginia.gov I Phone(804)371 7000 I Fax 18041371-7090 1 Virginia Relay 7.1.1 17 Grant Application Request Form The Grant Application&Acceptance Policy,adopted by the Board of Supervisors on March 23,2016,outlines the policies for submitting grant applications on behalf of Frederick County and for the acceptance and appropriation of all grant awards. This policy applies to any Frederick County program,department or constitutional office preparing and submitting grant applications to agencies outside the County government for funds,materials or equipment to be received and administered by the County or by an agency for which the County acts as fiscal agent. Please refer to the policy flow chart on the back of this form to assist in determining the appropriate course of action. The policy in its entirety can be found on the Finance intranet page. Complete the information below and attach as the cover to all grant applications sent to the County Administrator for approval. Requesting Department Building Inspections Name of Grant Virginia Code Academy Virtual Training Grantor Department of Housing and Community Development _ Grant deadline for submission 05/29/2020 Total Amount of Anticipated Award $ 1,650.00 purchase computer equipment for a virtual classroom for building Purpose of grant(summary) inspectors Grant approved through budget No process?(Yes/No) Local Match Requirement(Yes/No) i No Amount: If yes,Source(s)&amount(s)of local match (fin comm/BOS approval required if match re:uires a budget amendment) Other associated costs none Continuing obligation and cost none (fin comm/BOS approval required) Addition of Staff and cost(Yes/No) NO How many?® Total cost, (fin comm/BOS approval required) including fringes: Revenue and Expenditure codes& Office Supplies 3401-5401-00 amounts Department Contact(name,email,phone) Amy Feltner Department Head approval to apply Date for grant BOS approval date (if applicable) Finanate Finance review of grant policy Dr compliance ` 1 County Administrator approval to Date apply for grant .Z01V Notes: 18 1/15/2019 57 Local Building Department �� , «��N�a Virtual Training Support e Idffgn May zozo APPLICATION 1) Locality Name: Frederick County Virginia 2) Contact Name: Amy Light Feltner Address: 107N Kent Street,Winchester,Virginia 22601 Email: alight@fcva.us Phone: 540 722-8233 3) Amount of Funding request: 1650.00(One Thousand Six Hundred Fifty Dollars) 4) Describe how your locality intends to use the funding to support required certification or continuing education training virtual training classes. What types of equipment or hardware to you anticipate needing to support staff attending virtual or online training? (attach additional sheets if necessary) Frederick County Inspections department is in need of a modern computer with a larger screen, speakers, headset/microphone, and a webcam in order to modify an existing computer area for use in virtual training. We currently have five employees that will need to obtain certifications within the near future. Our existing office equipment and inspector laptops are outdated and not capable of accommodating virtual training classes. Additionally,three headsets will be available to the inspectors/staff to use with the inspectors laptops once the existing laptops are upgraded and cycled out in the future. Computer/Dock Station ($1170) Screen ($300) Headsets ($30.00 per) Webcam ($60.00) By signature below indicate the locality's agreement to and understanding that failure to comply with the funding requirements, restrictions, or deadlines will result in the return of the funds to DHCD. Signature: Date: 5120, 1Zj zm Building Official Signature: Date: � / YO,Z i9 Town/City/County Administrator.— _' Return your application and the completed state W-9 to DHCD at vbca(a)_dhcd.virginia.gov no later than close of business on June 5, 2020. For more information or questions, contact Kelly Duggins at(804) 371-7180 or email kelly.duggins dhcd.virginia.gov Local Building Department training support funding Page 21% 58 COUNTY of FREDERICK u- Finance Department PG1 Cheryl B. Shiffler »g Director 540/665-5610 Fax: 540/667-0370 E-mail: cshiffle@fcva.us MEMORANDUM TO: Finance Committee and Board of Supervisors FROM: Sharon Kibler,Finance DATE: 7/8/2020 SUBJECT: CARES CRF supplemental appropriation request The Coronavirus Aid,Relief,and Economic Security(CARES)Act of 2020 aids local governments for the direct impact of the COVID-19 pandemic through the establishment of the Coronavirus Relief Fund(CRF). Allocations were sent to localities from the State based on population,and Frederick County received $7,792,215 on June 2,2020. The population data used by the State to determine CRF allocations to localities included the residents that live in the towns located within the County. Consequently,the County"must ensure that an equitable share of the CRF funds it receives is shared with and granted to each town within its jurisdiction."` Using the same population methodology that was applied to the County for receipt of CRF,Middletown is eligible to receive$120,574.17 and Stephens City$178,069.38. The funds granted to the towns must be spent in accordance with the official federal guidance issued regarding what constitutes a necessary expenditure. A draft Certification for Receipt of CRF Payments is attached and has been reviewed by the County Attorney. The certification states that eligible expenses will be reimbursed upon submission of proper expense documentation to the County. The CARES Act provides that payments from the CRF only may be used to cover costs that: 1.are necessary expenditures incurred due to the public health emergency with respect to the Coronavirus Disease 2019(COVID-19); 2.were not accounted for in the budget most recently approved as of March 27,2020(the date of enactment of the CARES Act)for the State or local governments; 3.were incurred during the period that begins on March 1,2020 and ends on December 30,2020. (A cost is incurred when the responsible unit of government has expended funds to cover the cost.);and 4.are used for the direct costs associated with the response to the COVID-19 pandemic and cannot be used to make up for revenue shortfalls. There are two rules that are hard and fast regarding the use of CARES Act money.The first rule is that"a cost is incurred when the responsible unit of government has expended funds to cover the cost."The second rule is that CARES Act funds cannot be used to make up for local revenue shortfalls.To do so could result in the loss of state dollars for your locality. Staff began having discussions and analyzing potential uses of the CRF funds as soon as notifications of the funds was made available. Official guidance on the eligible uses of the funds has been sporadic and often 107 North Kent Street • Winchester, Virginia 22601 59 CARES CRF supplemental appropriation request page 2 very vague. This has created difficulty in preparing a detailed budget for the use of the funds. We know that the FCPS will need funds to reopen under new guidelines(preliminary estimates are approximately$5 million above currently budgeted). CRF funds that are not expended by December 30,2020 must be returned. Due to the very short window to spend the funds,combined with the abbreviated BOS summer meeting schedule,and many unknown, but time sensitive COVID related expenses such as the school reopening,a supplemental appropriation in the amount of$7,792,215 is requested. This item requires a public hearing. A proposed resolution is attached. Please find attached a working process strategy. This document is a flexible document and has been used only as a guide for staff. Thank you. Attachments: Draft Process strategy Draft Town certification Draft Resolution for supplemental appropriation 'Commonwealth of Virginia Secretary of Finance memo dated May 12,2020 21 60 AGK, oGM.e Frederick County CARES Act/FEMA PA Administration a Proposal: For the administration and management of the Frederick County CARES Act allocation and FEMA PA reimbursement. • A collaborative effort involving the Finance Department(FD), Emergency Management (EM), and County Administration. • The CARES Act has a very short performance period-- ends December 30, 2020. • Proper administration and management of the CARES Act funds will pose an additional burden and attention that one department or division may not be able to handle on their own. o Emergency Management has significant experience in administering and managing grants and FEMA PA applications. • Finance Department will coordinate CARES and FEMA PA in collaboration with Emergency Management. o Expense tracking, documentation and audit requirements of both programs are very similar. • Finance Department will coordinate and communicate with Frederick County Public Schools, Frederick County Economic Development Authority, Frederick County Department of Social Services, and Frederick County IT Department to develop programs and estimated costs of CARES and/or FEMA PA eligible items. • Finance Department and Emergency Management will consult with the County Attorney on eligibility of certain expenses. • All major expenses/programs will be approved by the County Administrator. • Recommendation: o FD administers and manages the CARES Act fund account in collaboration with EM and the FEMA PA. o FD and EM creates guidance and instructions for departments. o FD and EM make determination as to best funding source to use, i.e. CARES or FEMA PA. o FD receives and manages requests for use of the funds. o FD sets up the fund account and associated expenditure account codes. o FD generates the appropriate paperwork and required resolutions and supplemental appropriations for the Board of Supervisors via the Finance Committee when appropriate. o FD and EM make a determination of eligibility prior to encumbrance when appropriate. o FD manages the fund budget in collaboration with the County Administrator. Encumbers approved and eligible expenses. o FD and EM establish minimum documentation requirements for each expense category. o FD receives all required documentation from Departments via a dedicated email address. 1 I Page 22 61 AGK, Frederick County CARES Act/FEMA PA Administration a �oGM.e� o FD processes invoices for payment through the normal pcard/accounts payable process. o FD maintains accounting of all invoices paid and gathers verification of payment documentation from pcard reports and/or AS400. o FD generates a monthly accounting report. o EM and FD respond to any requests for information by Administration or the Board of Supervisors. o FD serves as the main point-of-contact for all requests for information and audit activities. o Upon completion of the performance period, FD and EM generate a final report for the Board of Supervisors. Guidance: CARES Act—100%Federal Cost Share—direct aid—unspent funds must he returned While there are several factors that determine the eligibility of an expense, the first question that will begin the determination: 1. Would you have this expenditure in the current budget in the absence of the COVID-19 public health emergency? a. Yes, likely not eligible. b. No,may be eligible. The CARES Act requires that the payments from the Coronavirus Relief Fund only be used to cover expenses that I. are necessary expenditures incurred due to the public health emergency with respect to the Coronavirus Disease 2019 (COVID-19); a. The requirement that expenditures be incurred"due to"the public health emergency means that expenditures must be used for actions taken to respond to the public health emergency. These may include expenditures incurred to respond directly to the emergency, such as by addressing medical or public health needs, as well as expenditures incurred to respond to second-order effects of the emergency, such as by providing economic support to those suffering from employment or business interruptions due to COVID-I 9-related business closures. b. Funds may not be used to fill shortfalls in government revenue to cover expenditures that would not otherwise qualify under the statute. Although a broad range of uses is allowed, revenue replacement is not a permissible use of Fund payments. 2. were not accounted for in the budget most recently approved as of March 27, 2020 (the date of enactment of the CARES Act) for the State or government; and a. A cost meets this requirement if either(a)the cost cannot lawfully be funded using a line item, allotment, or allocation within that budget or(b)the cost is for a 2 1 P a g e 23 62 AGK, Frederick County CARES Act/FEMA PA Administration a �oGM.e� substantially different use from any expected use of funds in such a line item, allotment, or allocation. b. Note that a public function does not become a"substantially different use" merely because it is provided from a different location or through a different manner. For example, purchasing paper for a teleworker who would normally use paper when working at the office. 3. were incurred during the period that begins on March 1, 2020, and ends on December 30, 2020. a. A cost is "incurred"when the responsible unit of government has expended funds to cover the cost, i.e. must be actually paid by December 30, 2020. FEMA Public Assistance—15%Federal Cost Share—reimbursement basis Eligible emergency protective measures taken to respond to the COVID-19 emergency at the direction or guidance of public health officials may be reimbursed under Category B of FEMA's Public Assistance program. For the current COVID-19 disaster declaration, the only potentially reimbursable costs are Category B- Emergency Protective Measures that do not qualify under another state or federal grant program. 1. Eligible Assistance a. Management, control and reduction of immediate threats to public health and safety; b. Emergency medical care; c. Medical sheltering; d. Household pet sheltering and containment actions; e. Purchase and distribution of food, water, ice, medicine, and other consumable supplies, to include PPE and hazardous material suits; f. Movement of supplies and persons; g. Security and law enforcement; h. Communications of general health and safety information to the public; i. Search and rescue to locate and recover members of the population requiring assistance; and j. Reimbursement for force account overtime costs. 2. Timeframe a. Work must be performed between January 20, 2020 and ongoing (end date TBD). 3 1 P a g e 24 63 AGK,�oGM.e Frederick County CARES Act/FEMA PA Administration a Budget Categories: Force Account Labor—Straight and Overtime hours (including benefits) for any county employee engaged in COVID related tasks or work activities. These activities or tasks must be properly documented and significantly different than their normal duties. (As outlined in their current job description) Citizen Support(non-profit) Sub-Grants —under review Economic Development Sub-Grants —under review Materials and Supplies—Material and general operating supplies. The purpose of the expenditure must be specific to the COVID incident. Personnel Protective Equipment(PPE)—Supplies of PPE used to protect county and school division employees from the transmission of the COVID virus. Only these categories of PPE are eligible: • Surgical masks • N95 masks • Face shields • Eye protection • Disposable latex/vinyl gloves • Disposable gowns • Disposable shoe coverings • Hand sanitizing/disinfectant lotions • Sanitizing/disinfectant wipes, chemicals, or sprays Facility Improvements—Improvements or enhancements made to an office area, building, or infrastructure equipment that provides an additional level of protection from the spread of the COVID virus. Contracts—Professional services by outside contractors. Scope of work must be COVID related. Fund Administration—Hours (non-Force Account Labor hours), supplies/materials, and equipment necessary to administrator and manage the application of the CARES Act. Other—Any expense, that can be determined a COVID related eligible expense, and does not fit into one of the above categories, may be considered an "Other" expense. 4 1 P a g e 25 64 Highlighted dates are subject to change awaiting further direction due to recently updatde guidance from the US Treasury. CERTIFICATION FOR RECEIPT OF CORONAVIRUS RELIEF FUND PAYMENTS By The Town of We the undersigned represent the Town of (the Town), and we acknowledge that: 1. we have the authority to request direct payment on behalf of the Town from the County of Frederick(the County) of revenues from the Coronavirus Relief Fund (CRF) pursuant to section 601 of the Social Security Act, as added by section 5001 of the Coronavirus Aid, Relief, and Economic Security Act, Pub. L.No. 116-136, div. A, Title V (Mar. 27, 2020). 2. we understand that the County will rely on this certification as a material representation in making a direct payment to the Town. 3. the Town's proposed uses of the funds received as direct payment from the County pursuant to section 601 of the Social Security Act will be used only to cover those costs that: a. are necessary expenditures incurred due to the public health emergency with respect to the Coronavirus Disease 2019 (COVID-19); b. were not accounted for in the budget most recently approved as of March 27, 2020, for the Town; and c. were incurred during the period that begins on March 1, 2020 and ends on December 30, 2020. 4. any funds that are not expended or that will not be expended on necessary expenditures on or before December 30, 2020, by the Town or its grantee(s), must be returned to County no later than January 8, 2021, so that the County may return the unexpended funds to the Commonwealth of Virginia by January 29, 2021, and we understand that the Commonwealth of Virginia is entitled to invoke state aid intercept to recover any such unexpended funds that have not been returned to the Commonwealth within 30 days of December 30, 2020. 5. we understand that the Town will not receive continued funding beyond December 30, 2020, from any source to continue paying expenses or providing services that were initiated or previously supported from CRF funds prior to December 30, 2020. 6. funds received as a direct payment from the County pursuant to this certification must adhere to official federal guidance issued or to be issued regarding what constitutes a necessary expenditure.' 7. any CRF funds expended by the Town or its grantee(s) in any manner that does not adhere to official federal guidance shall be returned to the County within 15 days so that the County may return these funds within 30 days of finding that a expenditure is disallowed, and that the Commonwealth of Virginia is entitled to invoke state aid intercept to recover any and all such funds that are not repaid within 30 days of a finding that the expenditure is disallowed. i Official Guidance for the use of funds may be found at:htlps://home.treasurygov/system/files/136/Coronavirus-Relief-Fund- Guidance-for-State-Territorial-Local-and-Tribal-Governments.pdf. Frequently asked questions may be found at:https://home.treasurygov/ ystem/files/136/Coronavirus-Relief-Fund-Frequently-Asked- Questions.pdf. 26 65 8. as a condition of receiving the CRF funds pursuant to this certification, the Town shall submit documentation to request reimbursement for use of the funds, including but not limited to payroll time records, invoices, and/or sales receipts accompanied by clear justification relating the purchase to the COVID-19 public health emergency and proof of payment. Such documentation shall be provided to the County by close of business on January 8, 2021. 9. the Town must maintain proper accounting records to segregate these expenditures from those supported by other funding sources and that all such records will be subject to audit. 10. any funds provided pursuant to this certification cannot be used as a revenue replacement for lower than expected revenue collections from taxes, fees, or any other revenue source. 11. any CRF funds received pursuant to this certification will not be used for expenditures for which the Town has received funds from any other emergency COVID-19 supplemental funding (whether state, federal, or private in nature) for that same expense nor may CRF funds be used for purposes of matching other federal funds unless specifically authorized by federal statute,regulation, or guideline. 12. we understand that the Town will receive an equitable share of CRF funds received by the County from the Commonwealth of Virginia. Such grant shall be used by the Town solely for necessary expenditures incurred due to the public health emergency with respect to the Coronavirus Disease 2019 (COVID-19), as prescribed in this certification. We acknowledge that the County is responsible for ensuring the Town's compliance with the documentation requirements of this certification, and for ensuring that the Town's use of the CRF funds meets the requirements set forth in this certification. Accordingly, we certify that the Town will comply, in a timely fashion, with all requests made by the County for the purpose of ensuring compliance with the requirements of this certification and Section 601 of the Social Security Act. We certify that we have read the above certification and our statements contained herein are true and correct to the best of our knowledge. By: By: By: Signature: Signature: Signature: Title: Title: Title: Town Manager Finance Director/Treasurer Mayor Date: Date: Date: 27 66 PUBLIC HEARING ANNOUNCEMENT Amendment to the 2020-2021 Fiscal Year Budget Pursuant to Section 15.2-2507 of the Code of Virginia, 1950 as amended, the Board of Supervisors will Hold a Public Hearing to Amend the Fiscal Year 2020-2021 Budget to Reflect a CARES Act Fund Supplemental Appropriation in the Amount of$7,792,215. This amount represents Coronavirus Aid, Relief and Economic (CARES) Act Coronavirus Relief Funds (CRF) allocated by the Commonwealth of Virginia to assist with the direct impact of the COVID-19 pandemic. RESOLUTION FISCAL YEAR 2020-2021 BUDGET AMENDMENT WHEREAS,the U.S. Congress passed and the President recently signed the Coronavirus Air, Relief, and Economic Security (CARES)Act of 2020; and WHEREAS, localities were allocated funding from the CARES Act through multiple sources, but primarily from the Coronavirus Relief Fund (CRF) allocations which the Commonwealth of Virginia allocated to localities based on population; and WHEREAS, CRF funds may be used for qualifying expenses to cover costs that 1)are necessary expenditures incurred due to the public health emergency with respect to the Coronavirus Disease 2019 (COVID-19); 2)were not accounted for in the budget most recently approved as of March 27, 2020 (the date of enactment of the CARES Act)for the State or local government; and 3)were incurred during the period that begins March 1, 2020, and ends on December 30, 2020. WHEREAS,the County is required to provide an equitable share of the CRF funds are granted to each incorporated town within its jurisdiction (Middletown and Stephens City); and WHEREAS, agreements will be made with the two aforementioned Towns per requirements of the Commonwealth of Virginia; and WHEREAS, Pursuant to Title 15.2, Chapter 25, Section 15.2-2507 of the Code of Virginia, 1950 as amended,the appropriate advertisements and public hearings have been conducted; NOW,THEREFORE, BE IT RESOLVED, by the Board of Supervisors that the FY 2020-2021 Budget be Amended to Reflect: CARES Act Fund Supplemental Appropriation in the Amount of$7,792,215. This amount represents Coronavirus Aid, Relief and Economic (CARES) Act Coronavirus Relief Funds (CRF) allocated by the Commonwealth of Virginia to assist with the direct impact of the COVID-19 pandemic. BE IT FURTHER RESOLVED, estimates of revenues and appropriations are approved at the fund level, and appropriations designated for this special revenue fund will not lapse at the end of the fiscal year, but shall remain appropriated until the completion of the project or until the Board of Supervisors, by appropriate resolution, changes or eliminates the appropriation. 28 67 BE IT FURTHER RESOLVED,CARES Act Fund appropriation shall include funds transferred to other funds for classification purposes. Upon a motion made by and a seconded by the above budget amendment and supplemental appropriation was by the following recorded vote: 29 68 Page 1 of 3 BUDGET TRANSFERS JUNE 2020 DATE DEPARTMENT/GENERAL FUND REASON FOR TRANSFER FROM TO ACCT CODE AMOUNT 6/1/2020 VICTIM WITNESS PROGRAM Board Action 5/27/20 COPIER 2202 8007 000 000 7,894.00 VICTIM WITNESS PROGRAM 2202 2005 000 000 (7,894.00) 6/9/2020 SHERIFF COVER DEFICITS 3102 1001 000 003 (37,000.00) SHERIFF 3102 1001 000 015 (3,000.00) SHERIFF 3102 1001 000 031 (11,000.00) SHERIFF 3102 1001 000 032 (9,000.00) SHERIFF 3102 1001 0001 038 (1,500.00) SHERIFF 3102 1001 000 050 (15,000.00) SHERIFF 3102 1001 000 064 (14,000.00) SHERIFF 3102 1001 000 066 (4,000.00) SHERIFF 3102 1001 000 073 (6,000.00) SHERIFF 3102 1002 000 001 (1,000.00) SHERIFF 3102 1002 000 003 (1,500.00) SHERIFF 3102 1002 0001 012 (14,000.00) SHERIFF 3102 1002 000 013 (5,000.00) SHERIFF 31021002 000 022 (20,000.00) SHERIFF 3102 1002 000 034 (2,000.00) SHERIFF 3102 1002 000 047 (200.00) SHERIFF 3102 1002 000 051 200.00 SHERIFF 3102 1002 000 055 (23,000.00) SHERIFF 3102 1002 0001 077 (10,000.00) SHERIFF 3102 1002 000 080 650.00 SHERIFF 3102 1002 000 082 (650.00) SHERIFF 31021002 000 089 (1,000.00) SHERIFF 3102 1002 000 090 (1,500.00) SHERIFF 3102 1002 000 091 (1,500.00) SHERIFF 3102 1002 000 092 (1,500.00) SHERIFF 3102 1002 0001 093 (8,500.00) SHERIFF 3102 1002 000 094 (12,000.00) SHERIFF 3102 1002 000 095 (1,500.00) SHERIFF 3102 1002 000 096 (1,500.00) SHERIFF 31021002 000 097 (7,500.00) SHERIFF 3102 1003 000 000 33,000.00 SHERIFF 31021005 000 000 262,500.00 SHERIFF 3102 1007 0001 000 (82,000.00) SHERIFF 3102 1005 000 000 25,700.00 SHERIFF 3102 3001 000 000 1,100.00 SHERIFF 3102 3002 000 000 7,000.00 SHERIFF 3102 3004 000 001 (6,100.00) SHERIFF 3102 3004 000 002 24,000.00 SHERIFF 3102 3005 000 000 77,300.00 SHERIFF 3102 4003 0001 002 (31,000.00) SHERIFF 3102 5302 000 3,500.00 SHERIFF 3102 5305 000 000 3,000.00 SHERIFF 3102 5401 000 000 (30,000.00) SHERIFF 3102 5402 000 001 (4,000.00) SHERIFF 3102 5408 000 000 (15,000.00) SHERIFF 3102 5409 000 000 (30,000.00) SHERIFF 3102 5409 0001 006 (500.00) SHERIFF 3102 5411 000 000 500.00 SHERIFF 3102 5413 000 000 2,500.00 SHERIFF 3102 5506 000 000 (10,000.00) SHERIFF 3102 8005 000 000 (18,000.00) 6/10/2020 JUVENILE COURT PROBATION BOARD ACTION 6/10/20 TAC VAN 3303 8005 000 000 37,000.00 JUVENILE COURT PROBATION 3303 1001 000 001 (5,700.00) JUVENILE COURT PROBATION 3303 1001 0001 002 (3,600.00) JUVENILE COURT PROBATION 3303 2005 000 000 (10,000.00) JUVENILE COURT PROBATION 3303 3002 000 004 (17,700.00) 6/11/2020 REFUSE COLLECTION PURCHASE COLLECTION BIN FOR NEW ALBIN SITE 4203 8900 000 000 (2,100.00) REFUSE COLLECTION 4203 5413 000 000 2,100.00 6/11/2020 COUNTY OFFICE BUILDINGS/COURTHOUSE REBUILD FAN MOTOR IN WEST COOLING TOWER CAB 4304 3010 000 000 (1,367.65) COUNTY OFFICE BUILDINGS/COURTHOUSE 4304 3004 000 001 1,367.65 6/11/2020 REFUSE COLLECTION SIGNS FOR ALBIN SITE 4203189001 000 000 (2,600.00) REFUSE COLLECTION 4203 3004 000 003 2,600.00 6/11/2020 CLEARBROOK PARK TO COVER ADDITIONAL SUPPLIES NEEDED 7109 5403 000 000 (4,500.00) CLEARBROOK PARK 7109 5408 000 000 4,500.00 6/11/2020 CLEARBROOK PARK TO COVER COVID-19 SUPPLIES 7109 5403 000 000 (1,560.00) CLEARBROOK PARK 7109 5413 000 000 1,560.00 6/12/2020 COMMISSIONER OF THE REVENUE ADDITIONAL OFFICE SUPPLIES 1209 5204 000 000 (2,000.00) COMMISSIONER OF THE REVENUE 1 1209 5401 0001 0001 2,000.00 6/12/2020 1 INFORMATION TECHNOLOGY TO COVER DISYS INVOICE 1 1220 30021 0001 000 (5,000.00) 30 69 Page 2 of 3 BUDGET TRANSFERS JUNE 2020 DATE DEPARTMENT/GENERAL FUND REASON FOR TRANSFER FROM TO ACCT CODE AMOUNT INFORMATION TECHNOLOGY 1220 5413 000 003 5,000.00 INFORMATION TECHNOLOGY 1220 5401 000 002 (1,778.13) INFORMATION TECHNOLOGY 1220 5413 000 003 1,778.13 6/15/2020 COMMONWEALTH'S ATTORNEY TO FUND TRAVEL 2201 5506 000 006 (800.00) COMMONWEALTH'S ATTORNEY 2201 5506 000 000 800.00 6/16/2020 BOARD OF SUPERVISORS TO COVER DEFICIT IN DUES 1101 5506 000 000 (24.00) BOARD OF SUPERVISORS 1101158011 000 0001 24.00 6/16/2020 BOARD OF SUPERVISORS TO COVER DEFICIT IN PROFESSIONAL SERVICES 1101 3004 000 001 (500.00) BOARD OF SUPERVISORS 1101 3006 000 000 (950.00) COUNTY ADMINISTRATOR 1201 3002 000 000 (750.00) COUNTY ADMINISTRATOR 1201 5801 000 000 (1,000.00) COUNTY ADMINISTRATOR 1201 5401 000 000 (444.00) OTHER 1224 3002 000 000 750.00 OTHER 1224130021 000 0001 500.00 OTHER 1224 3002 000 000 950.00 OTHER 1224 3002 000 000 1,000.00 OTHER 1224 3002 000 000 444.00 6/16/2020 PARKS AND RECREATION ADMINISTRATION TO COVER MAY PURCHASES 7101 5413 000 000 (100.00) PARKS AND RECREATION ADMINISTRATION 7101 5415 000 000 100.00 PARKS AND RECREATION ADMINISTRATION 7101 5413 000 000 (600.00) PARKS AND RECREATION ADMINISTRATION 7101190011 000 0001 600.00 CLEARBROOK PARK 7109 5403 000 000 (960.00) CLEARBROOK PARK 7109 5103 000 000 960.00 CLEARBROOK PARK 7109 5403 000 000 (400.00) CLEARBROOK PARK 7109 5405 000 000 400.00 SHERANDO PARK 7110 5403 000 000 (10.00) SHERANDO PARK 7110 3004 0001 001 10.00 SHERANDO PARK 7110 5403 000 000 (1,078.00) SHERANDO PARK 7110 5103 000 000 1,078.00 6/18/2020 FIRE AND RESCUE COVER ADDITIONAL COST 3505 5413 000 000 (10,000.00) FIRE AND RESCUE 3505 5407 000 000 10,000.00 6/18/2020 INFORMATION TECHNOLOGY TO PAY INVOICE TO SHI 1220 5299 000 000 (5,346.00) INFORMATION TECHNOLOGY 1220 3002 000 000 5,346.00 6/18/2020 ANIMAL SHELTER TO SUPPLEMENT LINE ITEM FOR REMAINDER OF FY20 4305 3002 000 000 (1,000.00) ANIMAL SHELTER 4305 3001 0001 0001 1,000.00 6/18/2020 REFUSE COLLECTION TRUCK BED REPLACEMENT 4203 5103 000 000 (6,000.00) REFUSE COLLECTION 4203 3004 000 002 6,000.00 6/23/2020 SHERIFF COVER DEFICIT 3102 5506 000 000 (3,900.00) SHERIFF 3102 3004 000 001 3,900.00 6/23/2020 AGRICULTURE FUNDS NEEDED FOR PROGRAM 8301 5204 000 000 (1,100.00) AGRICULTURE 8301 5401 000 000 1,100.00 AGRICULTURE 8301 5506 000 000 (203.00) AGRICULTURE 8301 5401 000 000 203.00 6/23/2020 ANIMAL SHELTER SUPPLEMENT LINE ITEM FOR THE REMAINDER OF FY20 4305 5413 000 000 (2,000.00) ANIMAL SHELTER 4305 3004 000 000 2,000.00 6/23/2020 PARKS AND RECREATION ADMINISTRATION TO COVER ADDITIONAL SUPPLIES NEEDED 7101 5413 000 000 (45.00) PARKS AND RECREATION ADMINISTRATION 7101190011 000 000 45.00 CLEARBROOK PARK 7109 5403 000 000 (256.00) CLEARBROOK PARK 7109 5407 000 0001 256.00 6/24/2020 SHERIFF PAYROLL PROMOTIONS 6/20 3102 1001 000 012 123.00 SHERIFF 3102 1001 000 057 116.00 SHERIFF 3102 1001 000 075 112.00 SHERIFF 3102 1002 000 024 112.00 SHERIFF 3102 1002 000 033 117.00 SHERIFF 3102 1002 000 037 122.00 SHERIFF 3102 10021 000 0681 110.00 SHERIFF 3102 1002 000 078 119.00 SHERIFF 3102 1007 000 001 (116.00) SHERIFF 3102 1007 000 001 (112.00) SHERIFF 3102 1007 000 001 (112.00) SHERIFF 31021007 000 001 (119.00) SHERIFF 3102 1007 000 001 (110.00) SHERIFF 3102 1007 000 001 (122.00) SHERIFF 3102 1007 000 001 (123.00) SHERIFF 3102 1007 000 001 (117.00) INSPECTIONS 3401 1001 000 056 9,800.00 INSPECTIONS 3401 1003 000 000 (9,800.00) MAINTENANCE ADMINISTRATION 4301 1001 000 021 2,990.00 MAINTENANCE ADMINISTRATION 4301 1003 000 000 (2,990.00) 6/25/2020 ITREASURER DMV STOPS 1213 30021 0001 000 (15,000.00) TREASURER 1213130021 0001 0021 15,000.00 31 70 Page 3 of 3 BUDGET TRANSFERS JUNE 2020 DATE DEPARTMENT/GENERAL FUND REASON FOR TRANSFER FROM TO ACCT CODE AMOUNT 6/25/2020 REFUSE COLLECTION FUND ENTRANCE SIGN AT ALBIN 4203 3006 000 000 400.00 REFUSE COLLECTION 4203 8900 000 000 (400.00) 6/25/2020 REASSESSMENT/BOARD OF SUPERVISORS IT REFRESH 1210 5204 000 000 (1,200.00) REASSESSMENT/BOARD OF SUPERVISORS 1210 5401 000 000 1,200.00 6/25/2020 REFUSE COLLECTION PAY FOR SOFTWARE REFRESH 4203 5401 000 000 200.00 REFUSE COLLECTION 4203 5405 000 000 (200.00) 6/26/2020 REFUSE COLLECTION FUEL SYSTEM REPAIRS TO 2006 SUPER DUTY 4203 3004 000 002 1,000.00 REFUSE COLLECTION 4203 5407 000 000 (1,000.00) 6/26/2020 VICTIM WITNESS PROGRAM MEMBERSHIP DUES PAID OUT 2202 5401 000 000 350.00 VICTIM WITNESS PROGRAM 2202 5801 000 000 (350.00) 6/26/2020 VICTIM WITNESS PROGRAM TO COVER POSTAGE/TELEPHONE 2202 5204 000 000 450.00 VICTIM WITNESS PROGRAM 2202 5506 000 000 (450.00) 6/29/2020 FIRE AND RESCUE 1711 DELL LEASE YEAR 3 1 3505190011 0001 0001 11,877.87 INFORMATION TECHNOLOGY 1 1220190011 0001 000 (11,877.87) 6/29/2020 BOARD OF SUPERVISORS PC REFRESH FY20 1101 5401 000 000 640.61 COUNTY ADMINISTRATOR 1201 5401 000 000 1,445.13 COUNTY ATTORNEY 1202 5401 000 000 640.61 REASSESSMENT/BOARD OF ASSESSORS 1210 5401 000 000 1,281.22 TREASURER 1213 5401 000 000 3,203.05 FINANCE DEPARTMENT 1214 5401 000 000 640.61 INFORMATION TECHNOLOGY 1220 5401 000 004 (67,727.14) COMMONWEALTH'S ATTORNEY 2201 5401 000 000 2,085.74 SHERIFF 3102 5401 000 000 5,452.70 INSPECTIONS 3401 5401 000 000 8,834.69 FIRE AND RESCUE 35055401 000 000 14,093.42 PUBLIC SAFETY COMMUNICATIONS 3506 5401 000 000 1,921.83 GENERAL ENGINEERING/ADMINISTRATION 4201 5401 000 000 1,609.04 REFUSE COLLECTION 4203 5401 000 000 640.61 MAINTENANCE ADMINISTRATION 4301 5401 000 000 640.61 MAINTENANCE ADMINISTRATION 4301 5401 000 005 640.61 ANIMAL SHELTER 4305 5401 000 000 804.52 PARKS AND RECREATION ADMINISTRATION 7101 5401 000 000 22,511.53 PLANNING 8101 5401 000 000 640.61 7/1/2020 PUBLIC SAFETY COMMUNICATIONS COVER COST OF SOFTWARE YEARLY CHARGE 3506 3005 000 000 1,472.00 PUBLIC SAFETY COMMUNICATIONS 3506154071 0001 000 (1,472.00) 32 71 'r ` r Board of Supervisors Agenda Item Detail . Meeting Date: August 12, 2020 ��GrN Agenda Section: County Officials Title: Transportation Committee Report of July 27, 2020 Attachments: BOS08-12-20TransportationCommitteeRepo rt27Ju1y2020.pdf 72 TRANSPORTATION COMMITTEE REPORT to the BOARD OF SUPERVISORS Monday, July 27, 2020 8:30 a.m. 107 NORTH KENT STREET, WINCHESTER, VIRGINIA ATTENDEES: Committee Members Present: Judith McCann-Slaughter, Chairman (Voting), Charles DeHaven,Jr. (Voting) Gary Oates (Voting),James Racey (Voting) and Cordell Watts (Voting). Committee Members Absent Mark Davis(Liaison Middletown) and Lewis Boyer (Liaison Stephens City). Staff Present: Assistant Director-Transportation John Bishop, and Shannon Conner, Administrative Assistant. ITEMS REQUIRING ACTION BY BOARD OF SUPERVISORS: 2-Interstate and Primary Road Plans Discussion: Staff discussed the prepared updates to the Interstate and Primary Road Plans draft. The changes are minor at this time but discussed some of potential options for the expansion for the future updates for the Committee's consideration. Changes would be to update the language for Exit 317 to a more general description that will adequately address the fact that multiple improvements are being sought, and clarify the need for improvements to existing Exit 307, as well as,the desire for the eventual relocation of Exit 307, and for the Primary Plan would be to remove the first Segment of the Route 277 improvements since that is now beginning construction. Until the State has their updates of the revenue projections the County cannot proceed with the Secondary Road Plan update. It was a consensus of the Committee that Staff investigate priority setting procedures in other localities for a future discussion item. Upon a motion by, Charles DeHaven,Jr. and seconded by, Gary Oates the Committee recommended to forward the Interstate and Primary Road Plans with changes to the Board of Supervisors for recommendation of approval. ITEMS FOR INFORMATION ONLY: 1 -SmartScale Resolution and Discussion: Staff updated the Committee on the status and progress of the Smartscale applications for the County projects. The Resolution of Support has been adopted by the Board of Supervisors. Staff gave a brief overview of the Regional Smartscale applications for the following projects: 73 Frederick County Protects Exit 317 NB Ramp Realignment to Redbud Rd Location Route 11—Shawnee Improvement Route 11 Corridor and Old Charlestown Road Roundabout Route 7 STARS Improvements Win-Fred MPO Applications Exit 317 Interchange Improvement Project Valley Pike/Shawnee Drive Intersection Improvements Route 11/Old Charlestown Roundabout Route 7 STARS Access Management Projects Northern Shenandoah Valley Regional Commission Route 7 STARS Improvements The Application deadline has been extended to August 17, 2020. 3-Old Charlestown Road and Woods Mill Road Traffic Concerns Discussion: Supervisor McCann-Slaughter was contacted with concerns of growing traffic volumes on Old Charlestown Road and Woods Mill Road as the Snowden Bridge Development continues to build out. The primary concern is the width and geometry of the existing roadways with additional traffic. The roadway is currently not on the list for secondary upgrades. The County is seeking the ability to work with VDOT on this. John presented some "numbers" and showed mapping of the road. He noted, Staff will be in contact with VDOT again. 4-County Projects Updates: Crossover Boulevard aka Tevis Street Extension/Airport Road/1-81 Bridge:The bridge deck final pour has been completed along with a temporary sign is now up. The completion date is September 2021. Renaissance Drive: Staff has received CSX comments on the design and is in the process of responding to those comments. Also, Staff is meeting with neighboring property owners regarding easements for drainage and rights of way. VDOT has not heard anything on the project. 5-Other 74 'r ` r Board of Supervisors Agenda Item Detail . Meeting Date: August 12, 2020 ��GrN Agenda Section: County Officials Title: Public Works Committee Report of July 28, 2020 Attachments: BOS08-12-20Publ icWorksCommitteeReport28July2020.pdf 75 Tuesday,July 28, 2020 8:00 a.m. Board of Supervisors Meeting Room 107 NORTH KENT STREET, WINCHESTER, VIRGINIA PUBLIC WORKS COMMITTEE ATTENDEES: Committee Members Present:J. Douglas McCarthy; Whitney"Whit" L.Wagner; Harvey E. "Ed" Strawsnyder,Jr.; and Gary E. Longerbeam Committee Members Absent: Gene E. Fisher; Robert W. Wells Staff and others present:Joe C. Wilder, Director of Public Works; Kris Tierney, County Administrator; Rod Williams, County Attorney; Kevin Alderman, Shawneeland Manager; Scott Varner, IT Director;Jay Tibbs, Deputy County Administrator; Gloria Puffinburger, Solid Waste Manager; Ron Kimble, Landfill Manager; Mike Stewart, Senior Project Manager; Kathy Whetzel, Animal Shelter Manager; Holly Grim, Assistant Animal Shelter Manager Attachment 1—Agenda Packet ITEMS REQUIRING ACTION 1- Request to adopt revised fee schedule for issuance of land disturbance permits. In response to a recent request from the Board of Supervisors, staff has developed an updated fee schedule for the issuance of Virginia Erosion and Sediment Control Permits (VESCP).This new fee will supplement our current fee structure for the issuance of stormwater permits. Due to increasing demand for more VESCP inspections, the Board of Supervisors funded another fulltime environmental inspector position in FY 2021. Our program is regulated by the Department of Environmental Quality(DEQ)who recently performed an audit inspection of our program to ensure it complies with state standards for VESCP. It imperative we continue to increase the amount of weekly inspections on new development to ensure our program stays in compliance with state standards. The revised fee schedule also allows us to charge new fees for reinspection of sites and charge higher fees to projects that begin without having county and state permits.The additional fees we collect will help us fund the new position. We anticipate the revised fee schedule will increase our revenue from $50,000-$75,000 more per year. Therefore, committee member Strawsnyder made a motion to recommend approving the revised fee schedule as submitted. The motion was seconded by committee member Wagner. The committee unanimously approved the motion. This recommendation will be sent to the Board of Supervisors for consideration and approval by resolution as stated in County Code Chapter 143-235. Fees ITEMS FOR INFORMATION ONLY 1-Request for Animal Shelter appropriation from donated funds for spay/neuter. 76 As shown in the agenda packet attachment 1, the Animal Shelter requests that$20,000 from the reserve fund line item 10-240-2501 to be placed in line item 10-4305-3001-01, to spay/ neuter shelter animals during FY 2021. Therefore, committee member Strawsnyder made a motion recommending this request. The motion was seconded by committee member Wagner. The committee unanimously recommended the motion. This request shall be sent to the Finance Committee for further consideration. 2-Carry forward request for a grant in the Refuse Collection Budget. As shown in the agenda packet attachment 2, we request that grant funds totaling$2,495 in line item 10-4203-5412-01 be carried forwarded from FY 2020 into FY 2021 to support environmental education programs. Therefore, committee member Strawsnyder made a motion recommending this request.The motion was seconded by committee Wagner.The committee unanimously recommended the motion.This request shall be sent to the Finance Committee for further consideration. 3-Update on impacts to Recycling/Solid Waste from the Covid 19 pandemic. Staff has provided a detailed summary of the current impacts as shown in the agenda packet attachment 3. 4-Carry forward request for multiple line items in the landfill budget. As shown in the agenda packet attachment 4, staff is recommending carry forward requests in multiple line items in the landfill budget to complete on-going projects totaling$1,327,298. Therefore, committee member Strawsnyder made a motion recommending this request.The motion was seconded by committee member Wagner.The committee unanimously recommended the motion.This request shall be sent to the Finance Committee for further consideration. 5-Discuss Shawneeland staffing. Recently, a motor equipment operator position became vacant due to a termination. Funding for the position is allocated in the current budget. However, due to concerns regarding revenue collections during the recent FY 2021 budget process and ongoing uncertainty with the Covid pandemic, staff determined it would be prudent to discuss this unfilled position with the public works committee prior to deciding a direction on whether to fill the slot or hold off till a later time. Due to the recent absence of this operator, some of the normal workload has not been able to get completed.The committee also had concerns about staff shortage during the winter months for snow and ice removal operations. After some discussion, it was determined that as staff, we can make final decision on whether to fill this position or not. We will evaluate our year end fund balance in the upcoming month and try to project our future revenues.We will then determine in the early Fall whether we will fill this vacant position or choose to reduce some services and not fill the position until a later time. 77 6-Update on Public Works projects. Work at the new Albin Citizen Convenience Center is finishing up. The site work has been completed and the new compactor units should be finished in the upcoming week. We are waiting on the new fence and gates to be installed in the upcoming weeks. We anticipate that the new site can be opened in August. We are planning to have a grand opening ceremony for the facility as well. Work continues at the Crossover Boulevard road project.The bridge will be completed in the next couple of months and base paving operations should begin in the next week or two.The contractor is also working on improvements along the Route 522 and Airport Road intersection. Even though project completion is not until September 2021, the project should be almost complete by end of the calendar year. Work continues at the landfill on our next MSW landfill cell, Phase 3, Cell A.We anticipate having the site at base grades by the end of calendar year. We may construct the new landfill liner system during calendar year 2021 so that its completed and ready for use in the near future. Respectfully submitted, Public Works Committee J. Douglas McCarthy, Chairman Robert W. Wells Whitney"Whit" L. Wagner Gene E. Fisher Harvey E. "Ed" Strawsnyder,Jr. Gary E. Longerbeam B �� Y Joe'C.Wilder Public Works Director JCW/kco Attachments: as stated cc: Kris Tierney, County Administrator Jay Tibbs, Deputy County Administrator Rod Williams, County Attorney Kevin Alderman, Shawneeland Manager Cheryl Shiffler, Finance Director Ann Phillips, Deputy Clerk to the Board of Supervisors Gloria Puffinburger, Solid Waste Manager Ron Kimble, Landfill Manager Kathy Whetzel, Animal Shelter Manager file 78 COQ Attachment 1 4 COUNTY of FREDERICK w Department of Public Warks 540/665-5643 FAX: 540/678-0682 MEMORANDUM TO: Public Works Committee FROM: Joe C. Wilder,Director of Public Works SUBJECT: Meeting of July 28,2020 DATE: July 23,2020 There will be a meeting of the Public Works Committee on Tuesday,July 28,2020 at 8:00 a.m. in the Board of Supervisors meeting room located on the first floor of the north end of the County Administration Building at 107 North Kent Street. The agenda thus far is as follows: 1. Request for Animal Shelter appropriation from donated funds for spay/neuter. (Attachment 1) 2. Carry forward request for a grant in the Refuse Collection budget. (Attachment 2) 3. Update on impacts to Recycling/Solid Waste from the Covid-19 pandemic. (Attachment 3) 4. Carry forward request for the Landfill budget. (Attachment 4) 5. Discuss Shawneeland staffing. 6. Update on Public Works projects. 7. Discuss increasing the fees for land disturbance permits. (Attachment 5) 8. Miscellaneous Reports and Documents: a. Tonnage Report: Landfill (Attachment 6) b. Recycling Report (Attachment 7) 107 North Kent Street, Second Floor, Suite 200 9 Winchester, Virginia 22601-5000 79 Public Works Committee Meeting Agenda Page 2 July 23,2020 C. Animal Shelter Dog Report: (Attachment 8) d. Animal Shelter Cat Report (Attachment 9) JCW/kco Attachments: as stated 107 North Kent Street, Second Floor, Suite 200 9 Winchester, Virginia 22601-5000 80 FREDERICK COUNTY-ANIMAL SHELTER Kathy M.Whetzel Shelter Manager 540/667-9192 ext.2502 FAX 540/722-6108 E-mail:kwhetzel@fcva.us MEMORANDUM TO: Joe Wilder, Director of Public Works FROM: Kathy M. Whetzel, Shelter Manager SUBJECT: FY 21 Donation Fund Appropriation DATE: 7/9/20 The Shelter is requesting an appropriation from 1034 donation fund, into line item 10-4305-3001-01 Professional Services - Donation, in the amount of$20,000.00 for the FY 21 Budget. The funding is part of the Dorothy Flemming trust given for the purpose of spaying and neutering shelter pets. Please contact me if you have any questions. KMW:hag 81 4 COUNTY of FREDERICK w Department of Public Warks 5401665-5643 FAX: 540/678-0682 MEMORANDUM TO: Cheryl Shiffler, Director, Finance Dept. FROM: Gloria Puffinburger, Solid Waste Manager THROUGH: Joe Wilder, Director, Public Works SUBJECT: Carry forward of grant funds to Refuse Collection (4203); FY 20/21 DATE: July 21, 2020 The purpose of this memorandum is to request the carry forward of grant funds shown in line item 10-4203-5412-01 (Refuse Collection)to the current 20/21 fiscal year. Funds total $2,495 and have been granted to the county in support of environmental education from the Virginia Chesapeake Bay Fund administered by the Virginia Department of Legislative Services. Monies were intended to be expended during the spring 2020 school term, however,health concerns due to the coronavirus made this impossible. The department has been granted an extension to complete the project. If you have any questions, please contact me at Extension 8219 or gpufnb�a fcva.us. /gmp cc: file 107 North Kent Street, Second Floor, Suite 200 9 Winchester, Virginia 22601-5000 82 r COUNTY of FREDERICK w Department of Public Works 540/665-5643 738 FAX: 540/678-0682 MEMORANDUM TO: Joe Wilder,Director FROM: Gloria Puffinburger,Solid Waste Manager SUBJECT: COVID19;Impacts to Recycling and Solid Waste DATE: July 21,2020 During the May meeting of the Public Works Committee,I conveyed that the country's two top trash haulers were reporting up to a 35 percent hike in the demand for residential refuse collection and disposal,while demand for commercial services had fallen sharply as businesses and factories slowed or shut down altogether due to health concerns surrounding the pandemic. At the local level,with the increase in residential trash tonnage,the recycling program also realized an immediate spike in materials collected,particularly cans,plastic bottles,cardboard and used textiles.Compared to the same period during FY 18/19,the county's drop-offs collected an additional 158 tons of recyclable materials during April,May and June of 2020. This boosted the recycling tonnage for the year slightly over FY 18/19.The curtailment of the electronics recycling program and subsequent loss in tonnages for the fiscal year was more than offset by increases in other commodities generated by residents while sheltering or working at home. Scrap metal dropped off at the landfill center saw the largest increase as residents spent their days cleaning out basements and garages. During the pandemic,there has been no disruption in Frederick County's recycling program.Apple Valley Recycling,has managed to operate normally and accept additional flow from the county while also experiencing an intake of more material from all of its customers.Apple Valley reported last week that it is very pleased with the quality of the county's recyclable materials. At this time,Republic Services,like other national haulers,has seen an uptick in commercial waste as businesses and restaurants open back up.However,the uncertainty of institutional waste continues to be a concern as schools and colleges debate how they will operate in the fall.Republic provides trash and recycling services for most of the public schools in the Northern Shenandoah Valley. Below is a summary of residential refuse tonnages at the neighborhood convenience sites and the landfill citizens center during the pandemic period as compared to last year's collections over the same time period: Neighborhood Sites & March Tonnage April Tonnage May Tonnage June Tonnage Landfill Center TOTAL TONNAGE 19/20 2570.6 2860.09 3260.98 3134.8 TOTAL TONNAGE 18/19 1 2176.58 2684.93 2598.89 2409.3 /g mp cc: file 107 North Kent Street, Second Floor, Suite 200 9 Winchester, Virginia 22601-5000 83 q W-0- COUNTY of FREDERICK w 04 Department of Public Works 540/665-5643 FAX. 540/678-0682 ane MEMORANDUM TO: Public Works Committee FROM: Ron Kimble,Landfill Manager Pb THROUGH: Joe C. Wilder,Director of Public Works SUBJECT: Carry Forwards to 2020/2021 DATE: July 20,2020 We are requesting that funding remaining at the end of the 2020 fiscal year in each of the following line items be carried over into the new 2020/2021 budget. 12-4204-3002-00 Professional Services Landfill staff are currently looking at long term waste disposal options for the local service area. Moving the remaining funding in this line item into the 20/21 budget will ensure that the current studies will be completed. An estimated amount of$188,111 remains in this line item at the end of FY20. 12-4204-8003-00 Communication Equipment The 2019/2020 budget had$40,000 allocated to begin the creation of an onsite network at the landfill facility. The first step of establishing a trunk line to connect the facility directly to the County's network has been completed. Landfill staff continue to work with the County IT department to establish the most effective networking options moving forward. 12-4204-8900-00 Improvements Other Than Hetzer Construction is in process of blasting and crushing rock in the area of future MSW Cell 3A. The funding that we are requesting be moved in this line item is allocated to this project. Staff estimate that a total of$1,099,187 will be available to carry forward in this line item. In total, I am asking that an estimated$1,327,298 be carried over into the 2020/2021 budget. Please contact me at 540-665-5658 should you have questions regarding this request. 84 4lGK Cp�� q COUNTY of FREDERICK Department of Public Works 540/665-5643 mi FAX: 540/67$-0682 MEMORANDUM TO: Public Works Committee FROM: Joseph W.Johnson,Civil Engineer ,t_ THROUGH: Joe Wilder,Director,Public Works SUBJECT: Proposed VESCP Fee Schedule DATE: July 21,2020 The Frederick County Public Works department is proposing a new fee schedule for all regulated land disturbing activities as per the attached(changes highlighted in yellow). The proposed fee schedule includes a new VESCP permit fee which is intended to cover the cost of VESCP permit processing and increased VESCP inspections. This fee will be required for all regulated projects disturbing more than 1.0,000 square feet and will supplement the VSMP fee that is currently being collected(only projects disturbing more than one acre require a VSMP permit fee). The VESCP fee schedule is commensurate with adjacent benchmark localities(Clarke,Warren and Shenandoah)and the fee calculation is a function of the size of the project. The VESCP fee is intended to capture smaller projects(less than one acre) which currently pay no fees and better account for larger projects which currently pay a VSMP permit fee which is not adequate to cover the cost of the much more frequent inspections required by the VESCP regulations. The proposed fee schedule also includes increased VESCP fees for activities started without a land disturbance permit. This fee is intended to discourage developers from attempting regulated land disturbing activities without the proper permits. The proposed fee schedule includes an increase of the current fee for VESCP permitting for individual single-family dwellings from $209 to$290. This fee increase is intended to cover the cost of the preliminary E&S inspection that is now required for all individual single-family dwellings before a building permit can be approved(effective 12-1-2019). Finally,the proposed fee schedule includes a re-inspection fee for individual single-family dwellings of $75. This fee is intended to discourage builders from scheduling inspections prematurely(i.e.prior to application of seed/straw). cc: file 85 107 North Kent Street, Second Floor, Suite 200 • Winchester, Virginia 22601-5000 Frederick County, Virginia Fee schedule for VSMP/ VESCP permits (Effective July 1, 2020) Table 1: Fees for coverage under the VSMP Construction General Permit/ VESCP Type of Permit Total Fee Paid Portion to be Paid by Applicant to DEQ VESCP permit fee (all land disturbing activities, excluding individual $500 + N/A single family dwellings) $100/acre VESCP permit fee (land disturbing activities begun without permit, $1,500 + N/A excluding individual single family dwellings) $200/acre VESCP permit fee for single family detached/attached residential structures within or outside a common plan of development or sale $290 N/A with land disturbance acreage less than five (5) acres) VESCP permit fee (single family dwellings begun without permit) $580 N/A VESCP single family dwelling re-inspection fee $75 N/A VSMP General / Stormwater Management - Small Construction Activity/Land Clearing (Sites or areas within common plans of $2,700 $756 development or sale with land disturbance acreage equal to or greater than 1 acre and less than 5 acres) VSMP General / Stormwater Management— Large Construction Activity/Land Clearing (Sites or areas within common plans of $3,400 $952 development or sale with land disturbance acreage equal to or greater than 5 acres and less than 10 acres) VSMP General / Stormwater Management— Large Construction Activity/Land Clearing (Sites or areas within common plans of $4,500 $1,260 development or sale with land disturbance acreage equal to or greater than 10 acres and less than 50 acres) VSMP General / Stormwater Management— Large Construction Activity/Land Clearing (Sites or areas within common plans of $6,100 $1,708 development or sale with land disturbance acreage equal to or greater than 50 acres and less than 100 acres) VSMP General / Stormwater Management— Large Construction Activity/Land Clearing (Sites or areas within common plans of $9,600 $2,688 development or sale with land disturbance acreage equal to or greater than 100 acres) A. Fees for the modification or transfer of coverage under the VSMP Construction General Permit issued by the Administrator shall be imposed in accordance with Table 2. If the permit modifications result in changes to stormwater management plans that require additional review by the Administrator, such reviews shall be subject to the fees set out in Table 2 based on the total disturbed acreage of the site. Modifications resulting in an increase in total disturbed acreage shall pay the difference in the initial state permit fee paid and the state permit fee that would have applied for the total disturbed acreage in Table 1. 86 COQ 4 COUNTY of FREDERICK w Department of Public Warks 540/665-5643 FAX: 540/678-0682 MEMORANDUM TO: Public Works Committee FROM: Joe C. Wilder,Director of Public Works SUBJECT: Monthly Tonnage Report-Fiscal Year 19/20 DATE: July 21,2020 The following is the tonnage for the months of July 2018 through June 2020, and the average monthly tonnage for fiscal years 03/04 through 19/20. FY 03-04: AVERAGE PER MONTH: 16,348 TONS(UP 1,164 TONS) FY 04-05: AVERAGE PER MONTH: 17,029 TONS(UP 681 TONS) FY 05-06: AVERAGE PER MONTH: 17,785 TONS(UP 756 TONS) FY 06-07: AVERAGE PER MONTH: 16,705 TONS(DOWN 1,080 TONS) FY 07-08: AVERAGE PER MONTH: 13,904 TONS(DOWN 2,801 TONS) FY 08-09: AVERAGE PER MONTH: 13,316 TONS(DOWN 588 TONS) FY 09-10: AVERAGE PER MONTH: 12,219 TONS(DOWN 1,097 TONS) FY 10-11: AVERAGE PER MONTH: 12,184 TONS(DOWN 35 TONS) FY 11-12: AVERAGE PER MONTH: 12,013 TONS(DOWN 171 TONS) FY 12-13: AVERAGE PER MONTH: 12,065 TONS(UP 52 TONS) FY 13-14: AVERAGE PER MONTH: 12,468 TONS(UP 403 TONS) FY 14-15: AVERAGE PER MONTH: 13,133 TONS(UP 665 TONS) FY 15-16: AVERAGE PER MONTH: 13,984 TONS(UP 851 TONS) FY 16-17: AVERAGE PER MONTH: 14,507 TONS(UP 523 TONS) FY 17-18: AVERAGE PER MONTH: 15,745 TONS(UP 1,238 TONS) FY 18-19: AVERAGE PER MONTH: 16,594 TONS(UP 849 TONS) FY 19-20: AVERAGE PER MONTH: 16,973 TONS(UP 379 TONS) MONTH FY 2018-2019 FY 2019-2020 JULY 17,704 17,956 AUGUST 18,543 17,267 SEPTEMBER 14,799 17,985 OCTOBER 18,158 22,528 NOVEMBER 15,404 17,304 DECEMBER 14,426 14,362 JANUARY 13,973 14,913 FEBRUARY 12,764 13,380 MARCH 17,079 15,533 APRIL 20,313 17,475 MAY 19,443 17,010 JUNE 16,519 17,968 JC W/gmp 87 RECYCLING REPORT-FY 19/20 AL STEEL MONTH GLASS PLAST CANS CANS PAPER OCC SHOES/TEX ELEC SCRAP TOTAL JUL 0 51,239 7,345 10,419 101,420 65,520 52,480 307,920 596,343 AUG 30,500 5,450 8,699 70,040 100,240 20,980 28,300 280,080 544,289 SEP 174,840 3,903 4,937 58,100 68,350 57,500 232,140 599,770 OCT 18,340 3,832 5,714 60,180 95,000 5,100 27,800 290,020 505,986 NOV 26,440 2,640 4,135 91,720 93,580 40,060 198,600 457,175 DEC 13,600 41,440 80,460 5,480 31,180 161,960 334,120 JAN 12,560 14,200 13,210 108,150 89,240 28,760 193,280 459,400 FEB 22,060 3,360 33,660 89,200 5,640 26,860 190,260 371,040 MAR 13,600 10,120 51,140 108,380 4,840 71,600 269,560 529,240 APR 30,080 25,820 118,240 113,000 5,480 324,080 616,700 MAY 37,560 12,180 57,640 136,520 1,280 27,360 384,520 657,060 JUN 24,040 10,380 62,620 135,040 6,300 376,980 615,360 TOTAL 0 454,859 37,370 108,974 854,350 1,174,530 55,100 391,900 3,209,400 6,286,483 FY 18-19 0 430,963 47,082 96,494 998,815 1,243,232 83,104 467,720 2,909,857 6,277,267 FY 17-18 0 465,080 53,224 94,530 1,066,300 1,080,087 37,260 536,420 2,874,709 6,207,610 FY 16-17 372,600 430,435 41,002 89,976 1,082,737 1,009,153 37,220 495,500 2,687,241 6,245,864 FY 15-16 919,540 428,300 52,077 97,252 1,275,060 974,493 48,820 480,400 2,376,344 6,652,286 FY 14-15 895,600 407,703 40,060 97,515 1,272,660 893,380 49,440 532,283 1,890,729 6,079,370 FY 13-14 904,780 417,090 39,399 99,177 1,281,105 902,701 37,800 611,580 1,639,225 5,932,937 FY 12-13 913,530 410,338 45,086 102,875 1,508,029 878,450 39,700 502,680 1,321,938 5,722,626 FY 11-12 865,380 398,320 43,884 99,846 1,492,826 840,717 37,920 484,600 1,432,678 5,696,171 FY 10-11 949,185 378,452 42,120 98,474 1,404,806 824,873 41,700 467,920 1,220,107 5,427,637 FY 09-10 1,123,671 370,386 42,844 96,666 1,235,624 671,669 21,160 435,680 1,348,398 5,346,098 FY 08-09 762,810 322,928 23,473 55,246 1,708,302 564,957 28,780 404,760 1,097,151 4,968,407 FY 07-08 794,932 284,220 15,783 40,544 1,971,883 545,692 0 498,110 1,172,880 5,324,044 FY 06-07 600,464 200,720 11,834 29,285 1,684,711 441,321 0 382,574 550,070 3,900,979 FY 05-06 558,367 190,611 12,478 28,526 1,523,162 381,469 204,220 2,898,833 FY 04-05 549,527 193,224 11,415 27,525 1,552,111 273,707 25,080 2,632,589 FY 03-04 541,896 174,256 11,437 31,112 1,443,461 156,870 336,230 2,695,262 FY 02-03 413,627 146,770 9,840 23,148 1,381,195 62,840 171,680 2,209,100 FY 01-02 450,280 181,040 10,565 25,553 1,401,206 54,061 58,140 2,180,845 FY 00-01 436,615 198,519 10,367 24,988 1,759,731 9,620 2,439,840 FY 99-00 422,447 177,260 10,177 22,847 1,686,587 44,180 2,363,498 FY 98-99 402,192 184,405 9,564 22,905 1,411,950 48,810 2,079,826 FY 97-98 485,294 136,110 13,307 29,775 1,830,000 2,494,486 FY 96-97 373,106 211,105 23,584 46,625 1,690,000 2,344,420 FY 95-96 511,978 167,486 28,441 44,995 1,553,060 2,305,960 TO DATE 14,247,821 6,009,678 548,737 1,234,855 33,150,206 8,547,406 342,540 6,225,034 17,634,721 87,941,078 88 FREDERICK COUNTY ESTHER BOYD ANIMAL SHELTER FY 2020-2021 DOG REPORT ON HAND AT RECEIVED BROUGHT IN BITE BORN AT DIED AT ESCAPED/ CARRIED OVER MONTH FIRST OF MONTH AT KENNEL BY ACO CASES KENNEL ADOPTED RECLAIMED DISPOSED KENNEL STOLEN NEXT MONTH JULY 23 AUG SEP OCT NOV DEC JAN FEB MAR APR MAY JUN TOTAL 23 0 0 0 0 0 0 0 0 0 0 In the month of July- dogs in and out of kennel. dogs transferred to other agencies. 89 FREDERICK COUNTY ESTHER BOYD ANIMAL SHELTER FY 2020-2021 CAT REPORT ON HAND AT RECEIVED BROUGHT IN BITE BORN AT DIED AT ESCAPED/ CARRIED TO MONTH FIRST OF MONTH AT KENNEL BY ACO CASES KENNEL ADOPTED RECLAIMED DISPOSED KENNEL STOLEN NEXT MONTH JULY 30 AUG SEP OCT NOV DEC JAN FEB MAR APR MAY JUN TOTAL 30 0 0 0 0 0 0 0 0 0 0 In the month of July-cats in and out of shelter. cats transferred to other agencies. 90 'r ` r Board of Supervisors Agenda Item Detail . Meeting Date: August 12, 2020 ��GrN Agenda Section: County Officials Title: Resolution of Appreciation - Dixon Whitworth Attachments: BOS08-12-20ResolutionOfAppreciationWhitworth.pdf 91 FREDERICK COUNTY BOARD OF SUPERVISORS RESOLUTION OF APPRECIATION F. DIXON WHITWORTH, JR. WHEREAS,Mr. Whitworth was appointed to the Commonwealth Transportation Board by Governor Bob McDonnell in September 2012 and while his second term ended June 30th,2020,he continues to serve until his replacement is appointed;and WHEREAS,as a member of the Commonwealth Transportation Board,Mr.Whitworth has been consistently open,available,and supportive of local elected leaders and citizens and; WHEREAS,during his tenure,Mr.Whitworth oversaw the implementation of House Bill 2,later renamed the SmartScale program, which created a data driven process for the selection of transportation projects for funding;and WHEREAS,Mr.Whitworth has exercised extraordinary leadership of the Revenue Sharing program,resulting in its preservation as an important resource to localities;and WHEREAS,Mr. Whitworth's guidance during the implementation of the needs analysis and new funding stream allocation for I-81 led to localities receiving an equitable share of identified needs and programmed improvements;and WHEREAS, through all of these efforts, Mr. Whitworth oversaw the completion or funding of numerous projects in Frederick County including but not limited to: • Route 277 widening and reconstruction from Exit 307 to Double Church Road and the Aylor Road Realignment • 1-81 widening from Exit 313 to Exit 317 • 1-81 Exit 310 reconstruction • Numerous interchange improvements and upgrades along I-81 • Route 11 North(Southbound)widening from Exit 317 to Route 37 • Snowden Bridge Blvd.from Route 11 North to Milburn Road revenue sharing project • Renaissance Drive from Route 11 South to Prosperity Drive revenue sharing project • Renaissance Drive from Prosperity Drive to Shady Elm Road revenue sharing project • Crossover Boulevard from Route 522 across I-81 to the City of Winchester Revenue Sharing project • Replacement and Capacity improvements to the Exit 313 Bridge • Reconstruction of Sulphur Springs Road • Route 11 Bridge over Cedar Creek NOW,THEREFORE BE IT RESOLVED,that the Frederick County Board of Supervisors extends its most sincere thanks and appreciation to Dixon Whitworth for his devotion to service and dependability and wishes him all the best in his fixture endeavors. BE IT FURTHER RESOLVED that this resolution be spread across the minutes of the Frederick County Board of Supervisors for all citizens to reflect upon the accomplishments of this public servant. ADOPTED this 12'day of August 2020. Charles S.DeHaven,Jr. Robert W.Wells Chairman Opequon District Supervisor J.Douglas McCarthy Blaine P.Dunn Gainesboro District Supervisor Red Bud District Supervisor Shawn L.Graber Judith McCann-Slaughter Back Creek District Supervisor Stonewall District Supervisor Gene E.Fisher Kris C.Tierney Shawnee District Supervisor Clerk 92 'r ` r Board of Supervisors Agenda Item Detail . Meeting Date: August 12, 2020 ��GrN Agenda Section: County Officials Title: Road Resolution - Christo Rey Estates - Loretto Drive Attachments: BOS08-12-20 Road Reso I ution C h risto ReyEstatesLo retto Drive.pdf 93 f ` COUNTY of FREDERICK Department of Planning and Development 540/665-5651 Fax: 540/665-6395 Memorandum To: Frederick County Board of Supervisors From: Mark R.Cheran,Zoning and Subdivision Administrator Date: July 27,2020 RE: Christo Rey Estates The following additions to the Secondary System of State Highways, pursuant to the statutory provision or provisions cited, are hereby requested; the right of way for which, including additional easements for cuts, fills and drainage, as required,is hereby guaranteed: Loretto Drive, State Route Number 1633 0.23 miles Staff is available to answer any questions. MRC/slc 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 94 4�GK C01 RESOLUTION w BY THE ,{1739 FREDERICK COUNTY BOARD OF SUPERVISORS The Board of Supervisors of Frederick County, in regular meeting on the 12th day of August, adopted the following: WHEREAS, the streets described on the attached Form AM-4.3, fully incorporated herein by reference, are shown on plats recorded in the Clerk's Office of the Circuit Court of Frederick County; and WHEREAS, the Resident Engineer of the Virginia Department of Transportation has advised this Board that the streets meet the requirements established by the Subdivision Street Requirements of the Virginia Department of Transportation; and WHEREAS, the County and the Virginia Department of Transportation have entered into an agreement on June 9, 1993, for comprehensive stormwater detention which applies to this request for addition; and NOW, THEREFORE, BE IT RESOLVED, this Board requests the Virginia Department of Transportation to add the streets described in the attached Form AM-4.3 to the secondary system of state highways, pursuant to 33.2-705, Code of Virginia, and the Department's Subdivision Street Requirements; and BE IT FURTHER RESOLVED,this Board guarantees a clear and unrestricted right-of- way, as described, and any necessary easements for cuts,fills and drainage; and BE IT FURTHER RESOLVED that a certified copy of this resolution be forwarded to the Resident Engineer for the Virginia Department of Transportation. Charles S. Deflaven, Jr., Chairman Shawn L. Graber J. Douglas McCarthy Robert W. Wells Blaine P. Dunn Gene E. Fisher Judith McCann-Slaughter A COPY ATTEST Kris C. Tierney Frederick County Administrator PDRes.#25-20 95 In the County of Frederick ----------------------------------------------------------------------------------------------------------------- By resolution of the governing body adopted August 12, 2020 The following VDOT Form AM-4.3 is hereby attached and incorporated as part of the governing body's resolution for changes in the secondary system of state highways. A Copy Testee Signed(County Official).- Report ficial):Report of Changes in the Secondary System of State Highways Project/Subdivision Christo Rey Estates -Loretto Drive Type Change to the Secondary System of State Highways: Addition The following additions to the Secondary System of State Highways, pursuant to the statutory provision or provisions cited, are hereby requested; the right of way for which, including additional easements for cuts, fills and drainage, as required, is hereby guaranteed: Reason for Change: New subdivision street Pursuant to Code of Virginia Statute: X33.2-705, X33.2-334 Street Name and/or Route Number ♦ Loretto Drive, State Route Number 1633 Old Route Number:0 - - — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — - • From: Route 1640,Christo Rey Drive To:Comforter Drive,a distance of: 0.23 miles. Recordation Reference: Instr. 070014479 Page 391 Right of Way width(feet)= 50' VDOT Form AM43(4/20/2007) Maintenance Division Date of Resolution:August 12, 2020 Page 1 of 1 96 'r ` r Board of Supervisors Agenda Item Detail . Meeting Date: August 12, 2020 ��GrN Agenda Section: County Officials Title: Road Resolution - Twin Lakes Overlook, Phase 9, Section 2 Attachments: BOS08-12-20 Road Reso I utionTwi n La kesOve rl oo k.pdf 97 f ` COUNTY of FREDERICK Department of Planning and Development 540/665-5651 Fax: 540/665-6395 Memorandum To: Frederick County Board of Supervisors From: Mark R.Cheran,Zoning and Subdivision Administrator Date: August 4,2020 RE: Twin Lakes Overlook,Phase 9,Section 2 The following additions to the Secondary System of State Highways, pursuant to the statutory provision or provisions cited, are hereby requested; the right of way for which, including additional easements for cuts, fills and drainage, as required,is hereby guaranteed: Morning Glory Drive,Route 1400 0.12 miles Bentpath Court,Route 1618 0.11 miles Staff is available to answer any questions. MRC/slc 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 98 4�GK C01 RESOLUTION w BY THE ,{1739 FREDERICK COUNTY BOARD OF SUPERVISORS The Board of Supervisors of Frederick County, in regular meeting on the 12th day of August, adopted the following: WHEREAS, the streets described on the attached Form AM-4.3, fully incorporated herein by reference, are shown on plats recorded in the Clerk's Office of the Circuit Court of Frederick County; and WHEREAS, the Resident Engineer of the Virginia Department of Transportation has advised this Board that the streets meet the requirements established by the Subdivision Street Requirements of the Virginia Department of Transportation; and WHEREAS, the County and the Virginia Department of Transportation have entered into an agreement on June 9, 1993, for comprehensive stormwater detention which applies to this request for addition; and NOW, THEREFORE, BE IT RESOLVED, this Board requests the Virginia Department of Transportation to add the streets described in the attached Form AM-4.3 to the secondary system of state highways, pursuant to 33.2-705, Code of Virginia, and the Department's Subdivision Street Requirements; and BE IT FURTHER RESOLVED,this Board guarantees a clear and unrestricted right-of- way, as described, and any necessary easements for cuts,fills and drainage; and BE IT FURTHER RESOLVED that a certified copy of this resolution be forwarded to the Resident Engineer for the Virginia Department of Transportation. Charles S. DeHaven, Jr., Chairman Shawn L. Graber J. Douglas McCarthy Robert W. Wells Blaine P. Dunn Gene E. Fisher Judith McCann-Slaughter A COPY ATTEST Kris C. Tierney Frederick County Administrator PDRes.#32-20 99 In Frederick County 37026456 by Resolution of the governing body adopted August 12,2020 The following VDOT Form AM-4.3 is hereby attached and incorporated as part of the governing body's resolution for changes to the secondary system of state highways. A Copy Testee Signed(County Official): Report of Changes in the Secondary System of State Highways Prolect/Subdivision: Twin Lakes Overlook Phase 9 Section 2 AdditionNew subdivision street §33.2-705 Num ber Route Of Numb Lan Recordation Row er Street Name From Termini To Termini Length es Reference Width 0.12 mile south to existing Route 1400, Instrument Morning Morning No. Glory Route 1407, Glory 50022857, 1400 Drive Canyon Road Drive 0.12 2 Page 0400 50 0.11 mile south of Route Instrument 1407, No. Bentpath Route 1407, Canyon 50022857, 1618 Court Canyon Road Road 0.11 2 Page 0400 40 Page: 1/1 100 'r ` r Board of Supervisors Agenda Item Detail . Meeting Date: August 12, 2020 ��GrN Agenda Section: County Officials Title: Request from the Commissioner of the Revenue for Refunds and Supplemental Appropriations 1. Artisan Plumbing Inc. — $6,253.76 2. Brian Omps Towing & Repair LLC — $3,660.23 3. Fernando Nabor Cruz Velasco — $3,807.92 4. Lease Plan USA, Inc. — $25,297.05 Attachments: BOS08-12-20RefundsSentToBoard28July2020.pdf 101 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: July 28, 2020 RE: Commissioner of Revenue Refund Requests Attached, for the Board's review, are requests to authorize the Treasurer to credit the following entities: 1. Artisan Plumbing Inc. —$6,253.76 2. Brian Omps Towing& Repair LLC—$3,660.23 3. Fernando Nabor Cruz Velasco—$3,807.92 4. Lease Plan USA, Inc. —$25,297.05 Attachments 107 North Kent Street • Winchester, Virginia 22601 102 COUNTY OF FREDERICK P r Roderick B.Williams County Attorney 540/722-8383 ,`ecl+w 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: July 28, 2020 RE: Refund—Artisan Plumbing, Inc. I am in receipt of the Commissioner's request, dated June 30, 2020, to authorize the Treasurer to refund Artisan Plumbing, Inc. the amount of$6,253.76, for personal property taxes in 2017 and 2018 and vehicle license fees for 2017 and 2018. This refund resulted from multiple vehicles being housed in and taxed by another jurisdiction during this period. 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 in the Commissioner's memorandum. Attachment 107 North Kent Street • Winchester, Virginia 22601 103 ,f reberick wuntp, 'Virginia OFFICE OF COMMISSIONER OF THE REVENUE °. 107 North Kent Street P.O.Box 552 FF*Pxtr Winchester VA 22601 Winchester VA 22604-0552 seth.thatcher(cDfcva.us www.fcva.us/cor SETH T.THATCHER Phone: 540-665-5681 COMMISSIONER Fax: 540-667-6487 June 30, 2020 TO: Rod Williams, County Attorney Cheryl Shiffler, Finance Director Frederick County Board of Supervisors Kris Tierney, County Administrator FROM: Seth T. Thatcher, Commissioner of the Revenue RE: Exoneration -Artisan Plumbing Inc. Please approve a refund of$6,253.76 for exoneration of vehicle personal property taxes and vehicle license fees for multiple vehicles for 2017 and 2018 in the name of Artisan Plumbing Inc. These vehicles were housed in and taxed by another jurisdiction during this period. To comply with the requirements for the Treasurer to issue this refund, Board action is required. The Commissioner's staff has verified all required data, and the paperwork is in the care of the Commissioner of the Revenue. Please also approve a supplemental appropriation for the Finance Director on this request. Exoneration is $6,253.76. 104 Date: 3/18/20 Cash Register: COUNTY OF FREDERICK Time: 10:33 LO7 O Cashier:- Total Transactions: -5 Customer-Name:-ARTISAN_PLUMBING-INC Customer Transactions: 15 Options: 2=Edit 4=Delete 5=View Opt Def�t Trans Ticket No. Tax Amount Penalty/Int Amount Paid PP20L7`3 _ _ w PP2017 2 00021710002 $30. 11- $. 00 $30. 11- PP2017 3 00662590001 $1, 747 . 66- $286. 91- $2, 034 . 57- PP2017 4 00780120001 $359. 52- $49. 13- $408. 65- P P d 0 2 4�0� T6-9—. 610- PP2018 6 00022480004 $596. 36- $ . 00 $596. 36- ` PP2018 7 00022490001 $581. 02- $. 00 $581. 02- PP2018 8 00022490002 $581. 01- $. 00 $581. 01- PP2018 9 00684150001 $916. 92- $142 . 12- $1, 059. 04- _ V VL 0 7 11 009922310001 017 22 $25:0- - —F5---0-G-- !�3 $25. 00- $5. 00- $30. 00- VL2018 12 010701 Q01 25:D0- . 0 $25. 00- Multiple Pages Total Paid $6,253. 76 F3=Exit F14-Show Map# F15=Show Balance FIB=Sort-Nntered F21=CkwdLiae F2 0=,Attach Date: 3/18/20 Cash Register: COUNTY OF FREDERICK Time: 10: 33: 27 Cas ier: TotalTransactions: 320 Customer Name: ARTISAN PLUMBING INC Customer Transactions: 15 Options : 2=Edit 4=Delete S=View Opt Deft Trans Ticket No. Tax Amount Penalty/Int Amount Paid VL 8 - VL2018 14 01070170001 $25. 00- $. 00 $25. 00- VL2018 15 01989680001 $25. 00- $5. 00- $30. 00- Multiple Pages Total Paid : $6, 253. 76 F3--Zxit F14-Show Map# F15=Show Balance FIB-Sort-Entered F21=GndLiae F2 0=Attach COUNTY OF FREDERICK Roderick B.Williams w County Attorney w 540/722-8383 1736 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: July 28, 2020 RE: Exoneration—Brian Omps Towing &Repair, LLC I am in receipt of the Commissioner's request, dated June 30, 2020, to authorize the Treasurer to refund Brian Omps Towing & Repair, LLC the amount of$3,660.23, for exoneration of personal property taxes for 2018 and 2019. This refund reflects an exoneration of the net difference between the contract carrier rate and the regular rate for various trailers as reported by the taxpayer which are subject to the contract carrier rate. 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 in the Commissioner's memorandum. Attachment 107 North Kent Street • Winchester, Virginia 22601 106 ,f reberick wuntp, 'Virginia OFFICE OF COMMISSIONER OF THE REVENUE °. 107 North Kent Street P.O.Box 552 . FF*Pxtr Winchester VA 22601 Winchester VA 22604-0552 seth.thatcher(cDfcva.us www.fcva.us/cor SETH T.THATCHER Phone: 540-665-5681 COMMISSIONER Fax: 540-667-6487 June 30, 2020 TO: Rod Williams, County Attorney Cheryl Shiffler, Finance Director Frederick County Board of Supervisors Kris Tierney, County Administrator FROM: Seth T. Thatcher, Commissioner of the Revenue RE: Exoneration - Brian Omps Towing&Repair LLC Please approve a refund of$3,660.23 for personal property taxes for 2018 and 2019 in the name of Brian Omps Towing& Repair LLC. This refund reflects an exoneration of the net difference between the contract carrier rate and the regular rate for various trailers as reported by the taxpayer which are subject to the contract carrier rate. To comply with the requirements for the Treasurer to issue this refund, Board action is required. The Commissioner's staff has verified all required data, and the paperwork is in the care of the Commissioner of the Revenue. Please also approve a supplemental appropriation for the Finance Director on this request. Exoneration is $3,660.23. 107 Customer Name: BRIAN OMPS TONING 6 REPAIR LLC Customer Transactions: B 00 ------- CD Options: '2=Edit 4-Delete 5=View Qy� Trans Wicket No_ Tax Amnunt Amount Pafd PP2,1 1 00797570001 $30.03- $.00 •$30.03- PP2 2 00759920111 $162.16- $.00 $162.16- PP203,9 3 00759920112 $162.16- $.00 $162.16- PP2019 4 01393140001 $275.13- $.00 $275.13- _ PP2019 5 01393140003 $276.71- $.00 $276.71- PP2019 6 01393140005 $1,161.30- $.00 $1,161.30- PP2019 7 01393140007 $1,591.45- $.00 $1,591-45- PP2019 8 01559750001 $1.29- $.00 $1.29- Total Paid $3,660.2 F3-Exit F14-Show Map# F15=Show Balance F18=Sort-Entered F21-CmdLine F20=Attach COUNTY OF FREDERICK P r Roderick B.Williams County Attorney 540/722-8383 ,`ecl+w 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: July 28, 2020 RE: Exoneration—Fernando Nabor Cruz Velasco I am in receipt of the Commissioner's request, dated June 30, 2020, to authorize the Treasurer to refund Fernando Nabor Cruz Velasco the amount of$3,807.92, for exoneration of personal property taxes for 2018 and 2019 and vehicle license fees for 2018 and 2019. This refund resulted from this individual, an active duty military with a home of record in another state and therefore, should not have been taxed in this locality. 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 in the Commissioner's memorandum. Attachment 107 North Kent Street • Winchester, Virginia 22601 109 ,f reberick wuntp, 'Virginia OFFICE OF COMMISSIONER OF THE REVENUE °. 107 North Kent Street P.O.Box 552 FF*Pxtr Winchester VA 22601 Winchester VA 22604-0552 seth.thatcher(cDfcva.us www.fcva.us/cor SETH T.THATCHER Phone: 540-665-5681 COMMISSIONER Fax: 540-667-6487 June 30, 2020 TO: Rod Williams, County Attorney Cheryl Shiffler, Finance Director Frederick County Board of Supervisors Kris Tierney, County Administrator FROM: Seth T. Thatcher, Commissioner of the Revenue RE: Exoneration - Fernando Nabor Cruz Velasco Please approve a refund of$3,807.92 for exoneration of vehicle personal property taxes and vehicle license fees for 2018 and 2019 in the name of Fernando Nabor Cruz Velasco. This individual is active duty military with a home of record in another State and therefore should not have been taxed in our jurisdiction. To comply with the requirements for the Treasurer to issue this refund, Board action is required. The Commissioner's staff has verified all required data, and the paperwork is in the care of the Commissioner of the Revenue. Please also approve a supplemental appropriation for the Finance Director on this request. Exoneration is $3,807.92. 110 Cash Register:4 COUNTY OF FREDERICK Cas ier: Time: 09:37 4 Customer-Name:_CRUZ VELASCO FERNANDO NABOR303 ota ransactions: Customer Transactions: 6 Options:-2=Edit _4=Delete -TS=View Opt De't Trans` Ticket No. P�g -^Tax Amount^� Penalty/Int PP2018 2 00135150002 - _ Amount Paid PP2019 3 00827910001 $936.25- $ . 00 ' - PP2019 4 00827910002 $792. 79- $101 . 08- $936.25- VL2018 5 00825980001 $792 . 79- $86. 55- $893. 87- VL2019 5 01153830001 $25. 00` $5. 00- $879.34- $25. 00- $5. 00- $30. 00- $30. 00-" 3F3-Exit 3r14-Shoav MaP# Total Paid . $3, 807 . 92 F15=Shoat Balance F18-30rt-Entered 2F2l=CnLdLlae F20=,Attach COUNTY OF FREDERICK P r Roderick B.Williams County Attorney 540/722-8383 ,`ecl+w 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: July 28, 2020 RE: Refund—Lease Plan USA, Inc. I am in receipt of the Commissioner's request, dated July 7, 2020,to authorize the Treasurer to refund Lease Plan USA, Inc. the amount of$25,297.05, for personal property taxes in 2017, 2018 and 2019 and vehicle license fees for 2017, 2018, and 2019. This refund resulted from normal proration of vehicle taxes where vehicles were reported to DMV as being sold during this period. 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 in the Commissioner's memorandum. Attachment 107 North Kent Street • Winchester, Virginia 22601 112 ,f reberick wuntp, 'Virginia OFFICE OF COMMISSIONER OF THE REVENUE °. 107 North Kent Street P.O.Box 552 FF*Pxtr Winchester VA 22601 Winchester VA 22604-0552 seth.thatcher(cDfcva.us www.fcva.us/cor SETH T.THATCHER Phone: 540-665-5681 COMMISSIONER Fax: 540-667-6487 July 7, 2020 TO: Rod Williams, County Attorney Cheryl Shiffler, Finance Director Frederick County Board of Supervisors Kris Tierney, County Administrator FROM: Seth T. Thatcher, Commissioner of the Revenue RE: Exoneration - Lease Plan USA Inc. Please approve a refund of$25,297.05 for exoneration of vehicle personal property taxes and vehicle license fees for 2017, 2018, and 2019 in the name of Lease Plan USA Inc. Vehicles were reported to DMV as being sold during this period and are the result of normal proration. To comply with the requirements for the Treasurer to issue this refund, Board action is required. The Commissioner's staff has verified all required data, and the paperwork is in the care of the Commissioner of the Revenue. Please also approve a supplemental appropriation for the Finance Director on this request. Exoneration is $25,297.05. 113 Customer Name: LEASE PLAN U S A IND. d Customer Transactions: 130 Options: 2-Edit 4=Delete S=View Dent TrAnn Tax PP2O17 1 00333300007 $311.04- $.00 PP2017 2 00333300008 $3I1.04- $3Z1.04- $,00 $311.04- - PP2017 3 00333300009 $263.05- $,0Q s PP2O17 4 00333300010 $263.05- $263.05- $.00 $263,05- PP2017 5 00333300011 $297.68- $,00 PP2017 6 00333300012 $297.68- $297.67- $.DD $297.67- _ PP2O17 7 00333300013 $293.43- $.00 PP2017 8 00333300014 $293.43- $293.92- $.00 $293.42- PP2017 9 00333300015 $383.34- $.00 PP2017 10 00333300016 $383.34- $383.33- $,00 $383.33- _ PP2017 11 00333300017 $293.43- $.DD - PP2O17 12 00333300018 $293.43- $293.42- $.00 $293.92- Multiple Pages Total Paid : $25,297.05 F3-Exit F14=Show Map# F15-Show Balance F18=Sort-Entered F21=CmdLine F20=Attach Cashier: Total Transactions: Customer Name: LEASE lPLAN-U S A INC Customer Transactions: 130 Options: 2=Edit 4-Delete 15=View Dent Trangt _Xirket No- _ Tax fiEonnt P-it -- - __ y/Int _ Amount Pa;rl PP2017 13 00333300019 $242,40- $.00 $242.40- PP2017 14 00333300020 $242.39- $,00 $242.39- PP2017 15 00333300021 $264.57- $.00 $264.57- _ PP2017 16 00333300022 $529.13- $.00 $529.13- PP2017 17 00333300025 $42.12- $.0,0 $42.12- PP2017 18 003333D0O26 $252.72- $.00 $252,72- _ PP2D17 19 00333300027 $246.65- $.00 $246.65- PP2017 20 003333D0028 $246.62- $.00 $246.62- PP2017 21 00333300035 $92.34- $.00 $92-34- PP2017 22 00333300036 $184.68- $.00 $184,68- _ PP2017 23 00333300067 $383.34- $.00 $383.34- _ PP2017 24 00333300068 $383.33- $.00 $383.33- Multiple Pages Total Paid : $25,297.05 F3=Exit F14=Show Map# F15-Show Balance F18=Sort-Entered F21-CmdLine F20=Attach Cashier: Total Transactions: Customer Name: LEASE PLAN U S A INC Customer Transactions: 130 Options: 2-Edit 4=Delete 5=View ��ZXdU& 4- NQ Tax iUnDmIL Penal rv/Int PP2017 25 00333300071 $546.15- $.00 $546.15- PP2017 26 00333300072 $546.14- $.00 $546.14- PP2017 27 00333300076 $98.42- $.d0 $9B.42- PP2017 28 00333300083 $390.63- $.00 $390.63- PP2017 29 OD333300084 $390.62- $.00 $390.62- PP2018 30 00344990003 $275.81- $,00 $275.81- _ PP2018 31 00344990004 $275.80- $.OD $275.80- _ EP2018 32 00344990005 $212.02- $.00 $212-02- PP2018 33 00344990006 5212.02- $.00 $212.02- _ PP2018 34 00344990007 $289.17- $.00 $289,17- - PP2018 35 00344990008 $289.17- $.00 $289,17- PP2018 36 00344990009 $233.28- $.00 $233.28- Multiple Pages Total Paid : $25,297.05 F3=Exit F14-Show Map# F15-Show Balance F18-Sort-Entered F21-CmdLine F20=Attach Lasniez: yf.iL�1 yy Gll.7 nl.LiVua• Customer Name: LEASE PLAN U S A INC' Customer Transactions: 130 r Options: 2-Edit 4=Delete 5=View Q$ Debt T ran& Ticket Nn- TaX Amount _ _ Penalty/Int Amnnnt Paid PP2018 37 00344990010 $233.28- $.00 $233.28- PP2018 38 003+44990011 $298.89- $.00 $298.89- PP2018 39 00344990012 $298.89- $.00 $298.89- _ PP2018 40 00344990013 $233.28- $.00 $233.28- _ PP2018 41 00394990014 $233.28- $.00 $233.28- PP2018 42 00344990015 $207.16- $.00. $207.16- PP2018 43 00344990016 $207.16- $.00 $207.16- PP2018 44 00394990017 $421.61- $.00 $421.61- PP2018 45 00344990018 $421.60- $.00 $421.60- _ PP201B 46 00344990019 $211.41- $.00 $211.41- PP2018 47 00344990020 $211.41- $.00 $211.41- PP2018 48 00344990021 $252.72- $.00 $252,72- Multiple Pages Total Paid : $25,297.05 F3-Exit F14-Show Map$ F15-Show Balance F18-Sort-Entered F21=CmdLine F20=Attach T -~ Total Transactions: Customer Name: LEASE PLAN U S A INC Customer Transactions: 130 Options: 2=Edit 4=Delete 5-view neptTrangtwo=- Tax Amount PADa lna�tYITnt_ Amount Paid PP2018 49 00344990022 $252.72- $.00 PP2018 50 D0344990025 $252'72- $15Q.Q6- $.00 $150.06- _ PP2018 51 00344990026 $150.05- $.00 PP2018 52 00344990053 $150,05- $352.96- $.OD $352.96- PP2018 53 00344990054 $352.96- $.00 PP2018 54 00344990055 $352.92- $527.92- $.DO $527.9�- PP2018 55 00344990056 $527,92_ $.DO PP2018 56 00344990057 $527'92 $115.43- $.DO $115.43- ` PP2018 57 00344990058 $115.42- $,00 PP201B 58 00399990061 $115.42- $325.62- $.00 $325.62- PP201B 59 00344990062 $325.62- $,00 PP2019 60 01040790003 $325.62- $246.97- $.00 $248.97- Multiple Pages Total Paid : $25,297.05 F3=Exit F14=Show Map# F15-Show Balance F18=Sort-Entered F21-CmdLine F20=Attach Cashier: Total Transactions: Cu=stomer-Name: LEASE cPLAN=U S-A-INC- - Customer Transactions: 130 Options: 2=Edit 4-Delete 5-View OntTransTieka off` =c---iTax Amann+ =-=Penaltv/IntAirnovnt. PAid PP2019 61 01040790004 $248.47- $.00 $248.47- PP2019 62 01040790005 $193.80- $.00 $193.80- PP2019 63 01040790006 $193.79- $.00 $193.79- PP2019 64 01040790007 $228.42- $.00 $228.42- _ PP2019 65 01090790008 $228.42- $,00 $228.42- _ PP2019 66 01040790009 $205.95- $.00 $205.95- _ PP2019 67 01040790010 $205.94- $.00 $205.94- _ PP2019 68 01040790011 $257.58- $.00 $257.5B- PP2019 69 01040790012 $257.58- $.00 0257.58- _ PP2019 70 01040790013 $205.95- $.00 $205.95- , PP2019 71 01040790014 $205.94- $.00 $205.94- PP2019 72 01040790015 $180.43- $.00 $180.43- Multiple Pages Total Paid : $25,297.05 F3=h;xi.t F1.4=Show Map# F15-Show Balance F18=Sort-Entered F21=CmdLine F20=Attach Customer Name: LEASE PLAN U S A INC ran __- nsz Customer Transactions: 130 Options: 2-Edit 4=Delete 5=View mi- ,s. _ Ticket _` -- Tax Amn„nt- Amount P PP2019 73 01040790016 $180.43- $.00 PP2019 74 01090790017 $180.43- $396.09- $.00 $396.09- PP2019 75 01040790018 $396.09- $,00 PP2019 76 01040790019 $396.09- $188.94- $.00 $188.94- PP2019 77 01040790020 $188.93- $.00 PP2019 78 01090790021 $188.93- $205.95- $.OD $205.95- PP2019 79 01040790022 $205.94- $.00 PP2019 80 01040790025 $205.94- $109.99- $.00 $104.99- _ PP2019 81 01040790026 $104.49- $.00 PP2019 82 01040790051 $109.49- $328.05- $.00 $328.05- PP2019 83 01040790052 $328.05- $.00 - PP2019 84 01040790053 $328.05- $500.58- $.00 $500.58- Multiple Pages Total Paid : $25,297.05 F3-Exit F14=Show Map# F15=Show Balance F18=Sart-Entered F21=CmdLine F20=Attach -- Cashier: - _--__ -- - - -------- -- Total Transactions: Customer Name: LEASE PLAN US A INC -- Customer Transactions: 130 Options: 2=Edit 4=Delete 5-View Deft Trina Ticket No Tax Amrn,n+ PP2019 85 01040790054 $500.58- $.00 PP2019 86 01040790055 $500.58- $109-.96- $.00 $109.96- PP2019 87 01040790056 $109..96-- $.00 $109-96- PP2019 88 01040790059 $291.00- $.00 $291.00- PP2019 89 01040790060 $290.99- $.00 $290.99- VL2017 90 00467510001 $25:.00- $.00 $25.00- VL2017 91 00467520001 $25..00- $.00 $25.00- VL2017 92 00467530001 $25.00- $.00 VL2017 93 00467540001 $25.00- $25�.00- $.00 S25.00- VL2017 94 00467550001 $25.00- $.00 VL2017 95 00467560001 $25.00- $25.00- $.00 $25.00- VL2017 96 00467570001 $25.00- $.00 $25.D0- Multiple Pages Total Paid : $25,297.05 F3=Exit F14=Show Map# F15-Show Balance FIB-Sort-Entered F21-CmdLine F20=Attach Cashier: - Total Transactions: Customer=Name;=LEASE-PLAN 6U=S-A INC Customer Transactions: 130 Options: 2-Edit 9=Delete 5=Viewx====________________aa__a--_a-_===__-_____- J;=1 Dent ZrAD$ Ticket No Tay AMQ= - -- Amr»,n+aaaid VL2017 97 00467610001 $25.00- $.00 $25.00- VL2017 98 00467810001 $25.00- $.00 $25.00- VL2017 99 00467830001 $25.00- $..00 $25.00- VL2017 100 00467890001 $25.00- $.00 $25.00- VL2018 101 01520100001 $25.00- $.00 $25.00- _ VL2018 102 01520110001 $25.00- $40 $25.00- _ VL2018 103 01520120001 $25.00- $.00 VL2018 104 01520130001 $25.00- 525.00- $.00 $25.00- _ VL2018 105 01520140001 $25.00- S.00 VL2018 106 01520150001 $25.00- $25.00- $.DO $25.00- VL2018 107 01520160001 $25.00- $.00 $25.00- VL2018 108 01520170001 $25.00- $.DO $25.00- Multiple Pages Total Paid : $25,297.05 F3-Exit F14=Show Map# F15=8now Balance F18-Sort-Entered F21-CmdLine F20=Attach Customer Name: LEASE PLAN US A INC Customer Transactions: 130 Options: 2=Edit 4=Delete 5-Vier Q62t nept. Trans --TiCk�t NLg, VL2O18 109 01520180001 $25.00- $,00 VL2018 110 01520190001 $25.00- $25.00- $,00 $25.00- _ VL2018 111 01520210001 $25.00- $.00 - VL2018 112 01520350001 $25.00- 525.00- $.00 $25.00- _ VL2018 113 01520360001 $25,00- $.00 VL2O18 114 01520370001 $25.Q0- $25.00- $.OQ $25.Q0- - VL2018 115 01520390001 $25.00- $.00 VL2019 116 01451690001 $25.00- $25.00-- $.00 _ VL2019 117 01451700001 $25.00- $.00 w VL2019 118 01451710001 $25.00- $25.00- $.00 $25.Q0- VL2019 119 01451720001 $25.00- $.00 VL2019 120 01451730001 $25.00- 525.00- $.00 S25.00- Multiple Pages Total Paid : $25,297.05 F3-Exit F14=Show Map# F15=Show Balance FIB=Sort-Entered F21=CmdLine F20-Attach Cashier: Total Transactions: Customer Name: LEASE PLAN U S A INC Customer Transactions: 130 Options: 2-Edit 4=Delete S=View Trans Ticket �No` - -- -_--an Amovnt Pair) ZAX-AMM VL2019 121 01451740001 $25.00- $.00 $25.00- VL2019 122 01451750001 $25.00- $.00 $25.00- _ VL201.9 123 01451760001 $25.00- $.00 $25.00- VL2019 124 01451770001 $25.00- $.00 $25.00- _ VL2019 125 01451780001 $25.00- $.00 $25.00- _ VL2019 126 01451800001 $25.00- $.00 $25.00- VL2019 127 01451930001 $25.00- $.00 $25.00- VL2019 128 01451940001 $25.00- $.00 $25.00- - VL2019 129 01451950001 $25.00- $.00 $25.00- _ VL2019 130 01451970001 $25.00- $.00 $25.00- Multiple Pages Total Paid : $25,297.05 F3=Exit F14=Show Map# F15=Show Balance F18=Sort-Entered F21=CmdLine F20=Attach bonord npW 9, ,7019 = 445�9. �� 'r ` r Board of Supervisors Agenda Item Detail . Meeting Date: August 12, 2020 ��GrN Agenda Section: County Officials Title: Adoption of Revised Final Master Plan for the Old Charlestown Road Park. Attachments: BOS08-12-200ldCharlestownRoad ParkMasterPlan.pdf 118 Cr COUNTY of FREDERICK 4 Parks and Recreation Department " 5401665-5678 Fax:5401665-9687 E-mail: fcprd@fcva.us www.fcprd.net MEMO To: Frederick County Board of Supervisors From: Jon Turkel,Assistant Director,4� Subject: Old Charlestown Road Park Master Plan Date: July 15,2020 The Parks and Recreation Commission is recommending adoption of the Old Charlestown Road Master Plan by the Board of Supervisors. (Attachment 1) The creation of the Old Charlestown Road Park Master Plan was informed by the 2003 Stephenson Village proffer statement,input from individual citizens, AA and stakeholders. An online input portal and a public input meeting was held to gain information as to citizen interests in the development of concept maps. Stakeholders such as the Blue Ridge Youth Soccer Association(BRYSA)and adjoining property owners were directly contacted for input. The Parks and Recreation Commission weighed in on the development of the plan throughout the process. 119 �- uNY ww. Pl. T-I _ f �" a� Lu a r� LL MM wl 6 t ` 11_`' ILI r I w Y - - NRSTERPLMI —�� OIMLLSSCWt1110 N[FOVR(N—.=--�-JWIV .LWC3lIDWICE� fid¢, ='� r'n WvM1w SIZE LAYdIt _ ice'YfLpINIW' .^.i�v:nUN —_���� 1 I� •oNW w[InMOYdIX!, Nv,IWIIWMY�rOIXN _- _� - — —. - v^^91E .lia<�rii �+YI[p.MafWav ) 10Ft 120 'r ` r Board of Supervisors Agenda Item Detail . Meeting Date: August 12, 2020 ��GrN Agenda Section: County Officials Title: Request to Adopt Revised Fee Schedule for Issuance of Land Disturbance Permits Attachments: BOS08-12-20ProposedVESCP_FeeSchedule.pdf 121 4lGK Cp�� q COUNTY of FREDERICK Department of Public Works 540/665-5643 mi FAX: 540/67$-0682 MEMORANDUM TO: Public Works Committee FROM: Joseph W.Johnson,Civil Engineer ,t_ THROUGH: Joe Wilder,Director,Public Works SUBJECT: Proposed VESCP Fee Schedule DATE: July 21,2020 The Frederick County Public Works department is proposing a new fee schedule for all regulated land disturbing activities as per the attached(changes highlighted in yellow). The proposed fee schedule includes a new VESCP permit fee which is intended to cover the cost of VESCP permit processing and increased VESCP inspections. This fee will be required for all regulated projects disturbing more than 1.0,000 square feet and will supplement the VSMP fee that is currently being collected(only projects disturbing more than one acre require a VSMP permit fee). The VESCP fee schedule is commensurate with adjacent benchmark localities(Clarke,Warren and Shenandoah)and the fee calculation is a function of the size of the project. The VESCP fee is intended to capture smaller projects(less than one acre) which currently pay no fees and better account for larger projects which currently pay a VSMP permit fee which is not adequate to cover the cost of the much more frequent inspections required by the VESCP regulations. The proposed fee schedule also includes increased VESCP fees for activities started without a land disturbance permit. This fee is intended to discourage developers from attempting regulated land disturbing activities without the proper permits. The proposed fee schedule includes an increase of the current fee for VESCP permitting for individual single-family dwellings from $209 to$290. This fee increase is intended to cover the cost of the preliminary E&S inspection that is now required for all individual single-family dwellings before a building permit can be approved(effective 12-1-2019). Finally,the proposed fee schedule includes a re-inspection fee for individual single-family dwellings of $75. This fee is intended to discourage builders from scheduling inspections prematurely(i.e.prior to application of seed/straw). cc: file 122 107 North Kent Street, Second Floor, Suite 200 • Winchester, Virginia 22601-5000 Frederick County, Virginia Fee schedule for VSMP/ VESCP permits (Effective October 1, 2020) Table 1: Fees for coverage under the VSMP Construction General Permit/ VESCP Type of Permit Total Fee Paid Portion to be Paid by Applicant to DEQ VESCP permit fee (all land disturbing activities, excluding individual $500 + N/A single family dwellings) $100/acre VESCP permit fee (land disturbing activities begun without permit, $1,500 + N/A excluding individual single family dwellings) $200/acre VESCP permit fee for single family detached/attached residential structures within or outside a common plan of development or sale $290 N/A with land disturbance acreage less than five (5) acres) VESCP permit fee (single family dwellings begun without permit) $580 N/A VESCP single family dwelling re-inspection fee $75 N/A VSMP General / Stormwater Management - Small Construction Activity/Land Clearing (Sites or areas within common plans of $2,700 $756 development or sale with land disturbance acreage equal to or greater than 1 acre and less than 5 acres) VSMP General / Stormwater Management— Large Construction Activity/Land Clearing (Sites or areas within common plans of $3,400 $952 development or sale with land disturbance acreage equal to or greater than 5 acres and less than 10 acres) VSMP General / Stormwater Management— Large Construction Activity/Land Clearing (Sites or areas within common plans of $4,500 $1,260 development or sale with land disturbance acreage equal to or greater than 10 acres and less than 50 acres) VSMP General / Stormwater Management— Large Construction Activity/Land Clearing (Sites or areas within common plans of $6,100 $1,708 development or sale with land disturbance acreage equal to or greater than 50 acres and less than 100 acres) VSMP General / Stormwater Management— Large Construction Activity/Land Clearing (Sites or areas within common plans of $9,600 $2,688 development or sale with land disturbance acreage equal to or greater than 100 acres) A. Fees for the modification or transfer of coverage under the VSMP Construction General Permit issued by the Administrator shall be imposed in accordance with Table 2. If the permit modifications result in changes to stormwater management plans that require additional review by the Administrator, such reviews shall be subject to the fees set out in Table 2 based on the total disturbed acreage of the site. Modifications resulting in an increase in total disturbed acreage shall pay the difference in the initial state permit fee paid and the state permit fee that would have applied for the total disturbed acreage in Table 1. 123 BOARD OF SUPERVISORS RESOLUTION ADOPTING REVISED FEES SCHEDULE FOR ISSUANCE OF LAND DISTURBANCE PERMITS WHEREAS,upon consideration of the Public Works Department's costs of administration of the County's erosion and sediment control program, and to ensure that the County captures the costs of administration of that program, the Board of Supervisors finds that increases in fees for that program are appropriate, as set forth herein; THEREFORE, the Board of Supervisors approves the following fees for the erosion and sediment control program, effective 10-1-2020, pursuant to County Code Section 143-235 Fees. ADOPTED this 12th day of August, 2020. Charles S. DeHaven, Jr., Chairman Shawn L. Graber J. Douglas McCarthy Robert W. Wells Blaine P. Dunn Gene E. Fisher Judith McCann-Slaughter Kris C. Tierney Clerk, Board of Supervisors County of Frederick, Virginia 124 'r ` r Board of Supervisors Agenda Item Detail . Meeting Date: August 12, 2020 ��GrN Agenda Section: County Officials Title: Acceptance of the County's Share of Coronavirus Relief Fund Payments Attachments: B0S08-12-20Memo_CARES_Cert.pdf 125 .p COUNTY of FREDERICK Office of the County Administrator "a Tel: 540.665.6382 Fax: 540.667.0370 MEMORANDUM To: Board of Supervisors Through: Kris C. Tierney, County Administrator From: Ann W. Phillips, Deputy Clerk Date: August 6, 2020 Re: Acceptance of Coronavirus Aid, Relief and Economic Security(CARES) Act Funding The County has been advised that the State is releasing the second half of the federal CARES-CRF funds to localities. This is another$7,792,215 for Frederick County. It is important to note that all of the same conditions that existed for the first round of CRF allocations continue for the second round of allocations, including that federal guidance issued by the US Treasury must be followed, and the County must ensure that an equitable share of the CRF funds it receives are shared with and granted to each town within its jurisdiction. It is possible that the federal guidance could be amended to expand eligible uses of the funds and/or extend the December 30, 2020 date that the funds must be used by. It is unknown at this time how that will all shake out in Washington. The certification to accept the second allotment of funds,which requires the Board Chairman's signature,was due by August 10, 2020. Because of the quick turnaround to get the paperwork submitted to the State and after updating the Board via email, staff submitted the certification paperwork in order to meet the 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 staff's submittal of the certification paperwork. A copy of the certification document is attached. 107 North Kent Street•Winchester,Virginia 22601 126 CERTIFICATION for RECEIPT of CORONAVIRUS RELIEF FUND PAYMENTS by COUNTY OF FREDERICK,VIRGINIA We the undersigned represent COUNTY OF FREDERICK,VIRGINIA (the locality), and we certify that: I. we have the authority to request direct payment on behalf of the locality from the Commonwealth of Virginia of revenues from the Coronavirus Relief Fund(CRF)pursuant to section 601(b)of the Social Security Act, as added by section 5001 of the Coronavirus Aid, Relief,and Economic Security Act,Pub. L.No. 116-136, div. A,Title V(Mar. 27,2020). 2. we understand that the Commonwealth of Virginia will rely on this certification as a material representation in making a direct payment-to the locality. 3. the locality's proposed uses of the funds received-as direct payment from the Commonwealth of Virginia-under section 601(b)of the Social Security Act will be used only to cover those costs that: a. are necessary expenditures incurred due to the public health emergency with respect to the Coronavirus Disease 2019(COVID-19); b. were not accounted for in the budget most recently approved as of March 27,2020, for the locality; and c. were incurred during the period that begins on March 1, 2020, and ends on December 3 0,2020. 4, any funds that are not expended or that will not be expended on necessary expenditures on or before December 30, 2020,by the locality or its grantee(s),must be returned to Commonwealth of Virginia no later than December 30,2020, and that the Commonwealth of Virginia is entitled to invoke state aid intercept to recover any such unexpended funds that have not been returned to the Commonwealth within 30 days of December 30,2020. S. we understand that the locality will not receive continued funding beyond_December 30, 2020,from any source to continue paying expenses or providing services that were initiated or previously supported from CRF funds prior to December 30, 2020. 6. funds received as a direct payment from the Commonwealth of Virginia pursuant to this certification must adhere to official federal guidance issued or to be issued regarding what constitutes a necessary expenditure. 7. any CRF funds expended by the locality or its grantee(s)in any manner that does not adhere to official federal guidance shall be returned to the Commonwealth of Virginia within 30 days of a finding that the expenditure is disallowed,and that the Commonwealth of Virginia is entitled to invoke state aid intercept to recover any and all such funds that are not repaid within 30 days of a finding that the expenditure is disallowed, S. as a condition of receiving the CRF funds pursuant to this certification,the locality shall retain documentation of all uses of the funds, including but not limited to payroll time records, invoices, and/or sales receipts.Such documentation shall be produced to the Commonwealth of Virginia upon request. 9. the locality must maintain proper accounting records to segregate these expenditures from those supported by other fund sources and that all such records will be subject to audit. 127 10. any funds provided pursuant to this certification cannot be used as a revenue replacement for lower than expected revenue collections from taxes, fees, or any other revenue source. 11. any CRF i'unds received pursuant to this certification will not be used for expenditures for MIMI the locality has received funds fi•onn any nther emergency COVID-19 supplemental funding(whether state, federal,or private in nature) For that same expense nor may CRF funds be used for purposes of matching ether federal funds unless specifically authorized by federal statute, regulation.or guideline. For counties on1v 12. an equitable share of CRF funds received pursuant to this certification shall be shared with and grantedto'each town within its jurisdiction. Such grant(s)shall be used solely for necessary expenditures incurred due to the public health emergency with respect to the Coronavirus Disease 2019(COVID-19),that were not accounted for in the budget most recently approved as of March 27,2020,and that were incurred during the period that begins on March 1,2020, and ends on December 30,2020. The county issuing the grant is responsible for the ensuring compliance with the documentation requirements required by this certification and shall ensure that the use of the funds meets the requirements set forth in this certification. We certify that we have read the above certification and our statements contained herein are true and correct to,the best of our knowledge. By: By: By: Charles S. DeHaven,Jr. Kris C.Tierney Cheryl Shiffler ign ture: Signature: r` Signature: Title: Title: Title: Chairman,Brd.of Supervisors County Administrator Finance Director Date: Date: Date: TT 30 �20 ? �3m ��v 7. Z 9� z v 128 'r ` r Board of Supervisors Agenda Item Detail . Meeting Date: August 12, 2020 ��GrN Agenda Section: County Officials Title: Committee Appointments Attachments: BOS08-12-20 Board Comm itteeAppts(081220Mtg).pdf 129 .r COUNTY of FREDERICK Office of the County Administrator tigGl\'f 173_ Tel: 540.665.6382 Fax: 540.667.0370 MEMORANDUM TO: Board of Supervisors FROM: Ann W. Phillips, Deputy Clerk DATE: August 5, 2020 RE: Committee Appointments Listed below are the vacancies/appointments due through September 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. JUNE 2020 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 (See Attached Application of Elizabeth Kozel.) AUGUST 2020 Conservation Easement Authority Judith McCann-Slaughter— Board of Supervisors Representative Term Expires: 08/24/20 Three-year term Diane Kearns — County Representative P. O. Box 2368 Winchester, VA 22604 130 Memorandum — Board of Supervisors August 5, 2020 Page 2 Phone: (540)667-3390 Term Expires: 08/24/20 Three-year term Ron Clevenger— Frederick County Representative 1028 Welltown Road Winchester, VA 22603 Home: (540)323-0630 Term Expires: 03/23/20 Three-year term (See Attached Application of Philip Haines.) (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.) SEPTEMBER 2020 Parks and Recreation Commission Guss L. Morrison — Shawnee District Representative 138 Cahille Drive Winchester, VA 22602 Phone: (540)450-8916 Term Expires: 09/28/20 Four-year appointment Amy Cline Strosnider— Member-At-Large 930 Payne Road Clearbrook, VA 22624 Phone: (540)662-8827 Term Expires: 09/14/20 Four-year term VACANCIES/OTHER Lord Fairfax Community College Board Jeffrey S. Boppe — Frederick County Representative 998 Chestnut Grove Road Winchester, VA 22603 131 Memorandum — Board of Supervisors August 5, 2020 Page 3 Term Expires: 06/30/23 Four-year term (See Attached Applications of Brandon Monk and Mary Beth P. Echeverria.) (Mr. Boppe has resigned effective July 29, 2020. See Attached Correspondence.) Board of Equalization Luther O. Stiles — Frederick County Representative 114 Lane Street Stephens City, VA 22655 Home: (540)869-2504 Term: 01/01/17 - 12/31/19 Three-year term (See Attached Application of Scott Strosnider.) (Mr. Stiles did 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.) 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.) Susan J. Brinkmeier— Member-At-Large 132 Memorandum — Board of Supervisors August 5, 2020 Page 4 216 Centennial Drive Stephenson, VA 22656 Term Expires: 05/24/21 Four-year term (Staff has been advised that Ms. Brinkmeier has moved out of state.) (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-Frederick County Tourism Board Joint Appointment with the City of Winchester Karen B. Helm — Non-Profit Sector Representative 311 Fairmont Avenue Winchester, VA 22601 Phone: (540)327-2467 Term Expires: 06/30/20 Three-year term James E. Richard, Jr. — Private Sector Representative Richard's Fruit Market 6410 Middle Road Middletown, VA 22645 Phone: (540)869-1455 Term Expires: 06/30/20 Three-year term Andy Gyurisin — Private Sector Representative 177 Kernstown Commons Blvd. Winchester, VA 22602 Office: (540)667-1322, Ext. 111 Term Expired: 06/30/19 Three-year term (The Executive Tourism Director advised the Tourism Board unanimously recommends to the Board of Supervisors and City Council the appointment of Laura Kerr, Julie Shaffer and Josh Huff. The process is still ongoing with the City of Winchester. The Tourism Board was formed by Joint Resolution of the Board of Supervisors and the City Council in April 2001.) AWP/tjp 133 Memorandum — Board of Supervisors August 5, 2020 Page 5 Attachments U ATJ Rcom m itteeap po i ntm ents\Mm os Lettrs\Board Comm itteeAppts(08122020Bd Mtg).docx 134 INFORMATIONAL DATA SHEET FOR FREDERICK COUNTY BOARD OF SUPERVISORS COMMITTEE APPOINTMENTS Gene Fisher Shawnee District Supervisor,would like to nominate you to serve on the irpoff-A—utbority As a brief personal introduction to the other Board members,please fill out the information requested below for their review prior to filling the appointment, (Please Print Clearly. Thank You.) Name: Home Home Phone: Address: 3 czo C a-j Lt,tv..,c Office Phone: W%tU�L H-.s"t C R Vp�r 2 2 u 02 Cell/Mobile: Fax: Employer: =otr ► -gU Email Occupation: S r!&-SGerr Civic/Community Activities: Will You Be Able To Attend This Committee's Regularly Scheduled Meeting On: Yes: No: Do You Foresee Any Possible Conflicts Of Interest Which Might Arise By Your Serving On This Committee? Yes: No: Explain: Additional Information Or Comments You Would Like To Provide(if you need more space,please use the reverse side or include additional sheets): Applicant's Signature: + Date: `T fog.rI�aa Nominating Supervisor's Comments: Please submit form to: Frederick County Administrator's Office 107 North Kent Street Winchester,VA 22601 or email to: or (031Wt5) 135 INFORMATIONAL DATA SHEET FOR FREDERICK COUNTY BOARD OF SUPERVISORS COMMITTEE APPOINTMENTS , District Supervisor,would like to nominate you to serve on the As a brief personal introduction to the,other Board members,please fill out the information requested below for their review prior to filling the appointment. (Please Print Clearly. Thank You.) Name: ��-� 1 L t to 14> JAL S Home Phone: , Address: 7 POORx}045 � _—_ Office Phone: 54o LG 2 j3-3n !te l A g-p a T-pie V 1� Cell/Mobile: r 6 03 Fax: .may® L lv5 /3 Employer: pit aRjN�s Bis,_ ss SJcs aC Ernai Occupation:_ 7.9y, Re c o uAl TA n17— Civic/Community Activities: Will You Be Able To Attend This Committee's Regularly Scheduled Meeting On: Yes: No: Do You Foresee Any Possible Conflicts Of Interest Which Might Arise By Your Serving On This Committee? Yes: No: %,, Explain: Additional Information Or Comments You Would Like To Provide(If you need more space,please use the reverse side or include additional sheets): Applicant's Signature: 0�0"M Date: 7- ).Z-2Z Nominating Supervisor's Comments: Please submit form to: Frederick County Administrator's Office 107 North Kent Street Winchester,VA 22601 or email to: Mrice@fcva.us or itibbs(a)fcva.us (03/04/15) 136 INFORMATIONAL DATA SHEET FOR FREDERICK COUNTY BOARD OF SUPERVISORS COMMITTEE APPOINTMENTS District Supervisor,would like to nominate you to serve on the Lord Fairfax Community College Board As a brief personal introduction to the other Board members,please fill out the information requested below for their review prior to filling the appointment. (Please Print Clearly. Thank You.) Name: Brandon H.Monk Home Phone: N/A Address: 161 Smelter Lane Office Phone: 886.331.0707 Winchester,VA 22602 Cell/Mobile: Fax: N/A Employer: Naming Your Brand,LLC Em Occupation: Consultant Civic/Community Activities: See attached _ Will You Be Able To Attend This Committee's Regularly Scheduled Meeting On: Bimonthly Yes: X No: Do You Foresee Any Possible Conflicts Of Interest Which Might Arise By Your Serving On This Committee? Yes: No: X Explain: Additional Information Or Comments You Would Like To Provide(If you need more space,please use the reverse side or include additional sheets): Having served in the classroom in both the secondary and postsecondary settings I value the role that education plays in ones life.I would enjoy the opportunity to utilize my experiences in workforce development,career&technical education, non-profit management,and curriculum&instruction while serving Frederick County as one of its LFCC College Board Members. Applicant's Signature: Ammu Date: 05/13M020 Nominating Supervisor's Comments: Please submit form to: Frederick County Administrator's Office 107 North Kent Street Winchester,VA 22601 or email to: thrice a,fcva.us or jtibb fcva us (03/04/15) 137 Brandon H. Monk Relevant Professional Experience _ Naming Your Brand,LLC. Owner — Assist nonprofit educational organizations in association management and organizational training to further their organization's capacity and reach in a variety of educational environments. SkillsUSA,Inc. Senior Regional Manager—Office of Education — Develop cooperative relationships with key partners in state departments of education,boards of regents,higher education authorities and teacher preparation programs and related educational decision-and policy-makers. — Introduction of and training in curriculum and instructional materials for local and state program improvement. Virginia Future Farmers of America Association Executive Director, Past — Oversee the organizational development and implementation of major program events annually while planning and directing organizational budget and investment portfolio to ensure that resources maximize program impact. — Develop,implepent,and facilitate professional development events for Virginia's 330 agricultural educators designed to increase their capacity to positively influence their student population. Nottoway High School Agriculture Teacher&FFA Advisor,Past — Assumed all responsibilities of a classroom educator,including professional development of teacher mentees communication with parents and communVmembers,curriculum development,assessment,and supervision of all aspects of the FFA chapter while fostering a participatory classroom environment conducive to learning and promoting excellent student/teacher interaction. — Developed departmental budget and grant applications including paperwork for Carl Perkins funding and allocation and fundraising initiatives. Virginia Tech Agricultural Technology Associates Degree Program Teaching Assistant,Past — Worked in conjunction with Faculty Study Group and Instructor of Record to design and effectively implement course curriculum for a newly formed leadership class focusing on Ag Tech's commitment to highly applied,hands-on learning in the agricultural setting around personal development,community outreach and leadership. — Participated in Faculty Study Group discussions concerning the development and vision of the leadership course. Education Virginia Polytechnic Institute and State University-Master of Science.In progress Major:Agricultural,Leadership,and Community Education;Concentration in Leadership Development Virginia Polytechnic Institute and State University-Bachelor of Science Major:Agribusiness Management Minor:Leadership and Social Change Relevant Professional Accomplishments&Awards _ University of Virginia Sorensen Institute for Political Leadership,Emerging Leaders Program Fellow Outstanding Service Award,Virginia Association of Agricultural Educators—2017 Nottoway High School Teacher Mentor for New&Beginning Teachers,Past -i Dual Enrollment Agribusiness Faculty,Southside Virginia Community College,Past' State Advisory Group,National FFA Foundation,Past National FFA Officer Advisor Recognition—2014(National President) Recent Memberships&Community Leadership Board Member,Frederick County Farm Bureau—2019-Present/Producer Member,Virginia Farm Bureau—2013-Present Board Member,Frederick County Extension Leadership Council—2019-Present Workforce Development Committee,Associated Equipment Distributors(AED)Foundation—2020-Present Advance CTE:State Leaders Connecting Learning to Work—2020-Present Board Member,Virginia Association for Career and Technical Education—2015-2018 Board Member,Virginia Association of Agricultural Educators—2015-2018 Advocacy Liaison,Virginia Association of Agricultural Educators—2015-2018 Association for Career and Technical Education—2015-2018 National Association of Agricultural Educators—2015-2018 National Association of Supervisors of Agricultural Education—2017-2018 138 INFORMATIONAL DATA SHEET FOR FREDERICK COUNTY BOARD OF SUPERVISORS COMMITTEE APPOINTMENTS Gene Fisher Shawnee District Supervisor,would like to nominate you to serve on the Lord Fairfax Community College Board As a brief personal introduction to the other Board members,please fill out the information requested below for their review prior to filling the appointment. (Please Print Clearly. Thank You.) Name: Mary Beth P.Echeverria Home Phone: Address: 307 Flanagan Drive Office Phone: 540-662-3889 ext.88178 Winchester,VA 22602 Cell/Mobile: Fax: Employer: Frederick County Public Schools Email Occupation: Supervisor of Career and Technical Education Civic/Community Activities: LFCC CS2 Advisory,Winchester Medical Center School of Medical Imaging Advisory, United Way Day of Caring,Valley Health Partnership,Workforce Initiative,Top of VA Chamber Workforce Development Commi Will You Be Able To Attend This Committee's Regularly Scheduled Meeting On: Yes: x No: Do You Foresee Any Possible Conflicts Of Interest Which Might Arise By Your Serving On This Committee? Yes: No: x Explain: Additional Information Or Comments You Would Like To Provide(If you need more space,please use the reverse side or include additional sheets): I am an educational leader with experience in business and industry and have the ability to create productive partnerships. Additional community involvement includes Blue Ridge Habitat for Humanity Board,Top of VA Chamber Leadership Program, Worlds of Work Career Expo Planning Committee. Applicant's Signatur p: August 1,2020 Nominating Supervisor's oinments: Please submit form to: Frederick County Administrator's Office 107 North Kent Street Winchester,VA 22601 or email to: tprice(a,fcva.us or jtibbs(iUcva.us (03/04/15) 139 INFORMATIONAL DATA SHEET FOR FREDERICK COUNTY BOARD OF SUPERVISORS COMMITTEE APPOINTMENTS District Supervisor,would like to nominate you to serve on the Board of Equalization As a brief personal introduction to the other Board members,please fill out the information requested below for their review prior to filling the appointment. (Please Print Clearly. Thank You.) Name: `�(`,Q' <S4 f b S fpr Home Phone: Address: , o Y, 770 Office Phone: _qrkv naS V A Cell/Mobile: Fag: ll Employer: SPE �'— Email: _ Ce-0 @ CD Me.Q S4, Occupation: L�, n -- E;� Civic/Community Activities: :S � � u�l> � CJ �)1410f- e Will You Be Able To Attend This Committee's Regularly Scheduled Meeting On: Yes:-L,--' No.- Do o:Do You Foresee Any Possible Conflicts Of Interest Which Might Arise By Your Serving On This Committee? Yes: No:_�Explain: Additional Information Or Comments You Would Like To Provide(If you need more space,please use the reverse side or include additional sheets): Applicant's Signature: Date: b 14 W- -0 Nominating Supervisor's Comments: Please submit form to: Frederick County Administrator's Office 107 North Kent Street Winchester,VA 22601 or email to: tprice0fcva.us or jtibbsQfcva.us (03/04/15) 140 'r ` r Board of Supervisors Agenda Item Detail . Meeting Date: August 12, 2020 ��GrN Agenda Section: County Officials Title: Resolution Recognizing the 100th Anniversary of Women's Right to Vote Attachments: BOS08-12-20Dunn19thAmend mentCentennialResolution.pdf 141 Mr. Chairman, women have made significant contributions to our county but initially were not allowed to vote. The women's suffrage movement to secure the right to vote for women began in 1848 and finally was successful with the passage of the 19th Amendment on August 26, 1920. Therefore, on behalf of the local Republican Women's club, HEREBY MOVE that the Board of Supervisors recognize the 100th anniversary of the passage of the 19th amendment giving women the right to vote. The resolution is as follows: RESOLUTION RECOGNIZING THE 100T"ANNIVERSARY OF WOMEN'S RIGHT TO VOTE WHEREAS an organized movement to enfranchise women began in July 1848, at a convention in Seneca Falls, New York; WHEREAS through the efforts of brave and courageous women referred to as suffragists who sacrificed family, their personal life and their financial resources for over seventy years to gain equal rights for women, especially the right to vote; WHEREAS women and men, of every race and creed, supported the woman's suffrage movement for women to gain the constitutional right of having a voice in making the laws that govern them; WHEREAS the woman's suffrage movement led to the passage of the 196 Amendment to the Constitution of the United States in 1919, with ratification of the last state necessary on August 26, 1920; WHEREAS women today constitute a majority of voters in the nation and are running for office in higher numbers and more active in the election process than ever before in history; NOW, THEREFORE, BE IT RESOLVED, that the 100th anniversary of women gaining the right to vote in the United States is recognized by the Frederick County Board of Supervisors for the impact these historic accomplishments have on citizen engagement and the civic life of the community, the state, and the nation. BE IT FURTHER RESOLVED that August 2020 be declared Women's Suffrage Month in Frederick County. 142 'r ` r Board of Supervisors Agenda Item Detail . Meeting Date: August 12, 2020 ��GrN Agenda Section: County Officials Title: Resolution to Not Regulate or Prohibit the Otherwise Legal Purchase, Possession, or Transfer of Firearms or Ammunition Attachments: BOS08-12-20DunnResolutionToNotAdoptRestrictive.pdf 143 Mr. Chairman: Since the Governor and General Assembly passed laws this year that give counties the authority to restrict the constitutional right of law abiding citizens while on certain government properties; denying citizens the right guaranteed under the 2nd Amendment of the Constitution to defend themselves while in various parts of a county, and creating a patchwork of non-uniform laws across the localities of the Commonwealth that would criminalize actions in some counties that are perfectly legal in other counties. HEREBY MOVE: That the Board of Supervisors pass a resolution stating that we will not pass any ordinance that restricts the right of law-abiding citizens to keep and bear arms to defend themselves and to repeal all the restrictive gun legislation enacted this year by the General Assembly. The resolution shall state as follows: RESOLUTION OF FREDERICK COUNTY BOARD OF SUPERVISORS WHEREAS, we the Board of Supervisors, of Frederick County, Virginia affirm our commitment to uphold the constitutionally protected rights of all of our law-abiding citizens and law-abiding visitors to Frederick County; and, WHEREAS, the Frederick County Board of Supervisors previously passed a resolution dated December 11, 2019 reaffirming our commitment to uphold and protect the right of our citizens to keep and bear arms; and, WHEREAS, certain legislation has been passed in the Virginia General Assembly that allows localities to, by ordinance, ban otherwise lawfully possessed and transported firearms from certain public spaces, causing law-abiding citizens to be exposed to a patchwork of local ordinances as they travel throughout our Commonwealth; and, WHEREAS, the Frederick County Board of Supervisors acknowledges the significant economic contribution made to our community by tourists and visitors and does not wish to discourage travel to Frederick County; and, WHEREAS, Frederick County wishes to welcome all law-abiding citizens who wish to live in, visit, or otherwise participate in the economy of our community, including those citizens and visitors who choose to legally carry a firearm for personal protection; and, WHEREAS, the Frederick County Board of Supervisors does not wish to infringe on the rights of the law-abiding citizens of, or visitors to, Frederick County to keep and bear arms; and, WHEREAS, we the Frederick County Board of Supervisors, as the lesser magistrates of our Commonwealth, on behalf of the citizens of Frederick County, express our continued opposition to any law that would unconstitutionally restrict the natural rights of our law- abiding citizens and visitors to, Frederick County to keep and bear arms. NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of Frederick County Virginia: 144 That the Frederick County Board of Supervisors hereby declares that we shall not exercise any authority granted to us by § 15.2-915(E) of the Code of Virginia to regulate or prohibit the otherwise legal purchase, possession, or transfer of firearms or ammunition. Furthermore, the Frederick County Board of Supervisors hereby declares that to create uniformity within the Commonwealth of Virginia, § 15.2-915(E) of the Code of Virginia and all other restrictive gun legislation enacted this year should be immediately repealed. 145 'r ` r Board of Supervisors Agenda Item Detail . Meeting Date: August 12, 2020 ��GrN Agenda Section: County Officials Title: Discussion: Letter of Support to the Task Force that will Propose Options for the Creation of a National Garden of American Heroes. Attachments: BOS08-12-20FrederickCoResponseToSecOfl nterior.pdf 146 From: Ann Phillips To: ieffrey small@ios.doi.gov Cc: Kris Tierney;Jay Tibbs(itibbs@fcva.us) Bcc: FW: Bring the National Hero's Garden to Frederick County Subject: Thursday,July 30,2020 3:32:00 PM Date: Mr. Small, Frederick County and the Board of Supervisors wish to thank you for the opportunity to offer recommendations to the Task Force that will propose options for the creation of a National Garden of American Heroes. The County is blessed with tremendous natural beauty and several historic properties including Belle Grove Plantation and designated battlefields maintained by the Shenandoah Valley Battlefields Foundation. Members of the Board would welcome further information on this proposal. Supervisor Shawn Graber previously responded to your communication, and his email is included below: Thank you- Ann W. Phillips, cmc Deputy Clerk, Board of Supervisors County of Frederick, VA 540.722.8273 httl2://www.fcva.us/ Board Mennb ,, From: Shawn Graber<shawn.graberCcDfcva.us> Sent:Tuesday,July 28, 2020 6:42 PM To: ieffrey_small(@ios.doi.gov Cc: Kris Tierney<ktierney1Pfcva.us>; BOSMembers<bosmembers(@fcva.us> Subject: Bring the National Hero's Garden to Frederick County Mr.Jeffrey Small, Thank you for sharing the correspondence regarding a National Hero's Garden. I believe this letter lays out a golden opportunity and is custom made for Frederick County, Virginia. As you are likely aware, we have many historic sites in Frederick County and, some are already federally owned and/or managed. One such site that comes to mind is the Belle Grove Plantation and adjoining battlefield. The site offers a picturesque setting with the open fields and Blue Ridge Mountains as a backdrop and is steeped in history with the Wayside Inn located in Middletown where many past military officials and past presidents have visited. 147 I believe this site would be well suited as it is approximately 90 minutes from Washington D.C. and would be but a short drive for folks who are visiting museums in the city. In addition, the area already has many adequate/local lodging and eating establishments and would provide the opportunity to showcase the many activities available in the County and surrounding area. Too put things simply, I would desire that we strongly pursue seeing this project being placed here in Frederick County, Virginia. I will be happy to work towards this end if we might find consensus to move forward. Thanks for allowing me to share my thoughts. Respectfully, Shawn Graber Back Creek District Representative Frederick County(Virginia) Board of Supervisors Get Outlook for iOS Get Outlook for iOS 148 wYPiME "`Fy'z THE SECRETARY OF THE INTERIOR WASHINGTON `. a RECEIVED , JUL 2020 rf'rledck Ct)u* JUL 2 3 2020A 6W . 'ratrr„°s Ofa„e Board of Supervisors Frederick County 107 N Kent Street Winchester, Virginia 22601-5039 Dear County Commissioners: On July 3,2020, President Donald J. Trump signed an Executive Order (EO) on Building and Rebuilding Monuments to American Heroes. Recently, many statues and monuments that preserve the memory of our collective American story have been vandalized, destroyed, or. removed. President Trump has made clear that this Administration will not stand for anarchy and allow our Nation's history to be erased. We must preserve the story of America's heroes. The President has directed me to lead a Task Force that will propose options for the creation of a National Garden of American Heroes, including potential locations for the site. The National Garden will feature the statues of the greatest Americans to ever live and express our noblest ideals: respect for our ancestors, love of freedom, and striving for a more perfect Union. These works of beauty, created as enduring tributes, will show reverence for our past, dignify our present, and inspire those who come to visit this majestic place in the future. As outlined in the enclosed EO,the."National Gar_den should be located on-a site.of natural beauty that`enables visitors to enjoy'nature, walk among.the.statues,•and be,inspired to.learn about great figures of America's history.” The site should.be.proximate to.at least one major population center'and not cause significant disruption to the local community. My preference is that the site be on lands already in Federal ownership. The Task Force will also develop a process for accepting donations or loans of-statues and monuments by States, localities, civic organizations,businesses,religious organizations, and individuals for display at the National Garden of American Heroes. Statues and monuments will include the Founding Fathers, former Presidents of the United.States;those who fought for the abolition'of'slavery, and other great Americans. I ask that you respond to this letter in your capacity as county officials, and provide any recommendations that answer the following questions: 1. Are there locations of natural beauty within your unit of.local government that would serve as a reputable location for these monuments, statues,_and the.National Garden of American Heroes?Please list and describe:any such locations consistent with the EO. 149 2. Are there any statues or monuments your locality can donate or loan to this effort that will honor our nation's heroes?Please list and describe any such statues or monuments consistent with the EO. 3. In addition to the 31 individuals listed in the EO, are there any other American heroes who should be recognized in the National Garden of American Heroes?Please list and describe any such individuals consistent with the EO. The Task Force intends to provide recommendations to the President expeditiously and would ask that you provide your response by July 31, 2020. Please send an electronic copy of your response to Mr. Jeffrey Small at jeffrey_small@ios.doi.gov. America's heroes are embedded in our hearts and as a result of the President's leadership will forever be embedded in American history. This worthy and appropriate tribute to the legendary figures of the United States of America will transmit our national story to future generations. Sincerely, Secretary of the Interior Enclosure 150 EXECUTIVE ORDERS Executive Order on Building and Rebuilding Monuments to American Heroes Issued on:July 3,2020 By the authority vested in meas President by the Constitution and the laws of the United States of America, it is hereby ordered as follows: Section 1. Purpose. America owes its present greatness to its past sacrifices. Because the past is always at risk of being forgotten, monuments will always be needed to honor those who came before. Since the time of our founding,Americans have raised monuments to our greatest citizens. In 1784, the legislature of Virginia commissioned the earliest statue of George Washington,a "monument of affection and gratitude"to a man who"unit[ed] to the endowments] of the Hero the virtues of the Patriot" and gave to the world "an Immortal Example of true Glory." I Res. H. Del. (June 24, 1784). In our public parks and plazas, we have erected statues of great Americans who, through acts of wisdom and daring, built and preserved for us a republic of ordered liberty. These statues are silent teachers in solid form of stone and metal. They preserve the memory of our American story and stir in us a spirit of responsibility for the chapters yet unwritten. These works of art call forth gratitude for the accomplishments and sacrifices of our exceptional fellow citizens who,despite their flaws, placed their virtues,theirtalents, and their lives in the service of our Nation. These monuments express our noblest ideals: respect for our ancestors, love of freedom, and striving for a more perfect union. They are works of beauty, created as enduring tributes. In preserving them,we show reverence for our past, we dignify our present, and we inspire those who are to come. To build a monument is to ratify our shared national project. To destroy a monument is to desecrate our common inheritance. In recent weeks, in the midst of protests across America, many monuments have been vandalized or destroyed. Some local governments have responded by taking their monuments down. Among others, monuments to Christopher Columbus, George Washington,Thomas Jefferson, Benjamin Franklin, Francis Scott Key, Ulysses S. Grant, leaders of the abolitionist movement,the first all-volunteerAfrican-American regiment of the Union Army in the Civil 151 War, and American soldiers killed in the First and Second World Wars have been vandalized, destroyed,or removed. These statues are not ours alone,to be discarded at the whim of those inflamed by fashionable political passions;they belong to generations that have come before us and to generations yet unborn. My Administration will not abide an assault on our collective national memory. In the face of such acts of destruction, it is our responsibility as Americans to stand strong against this violence,and to peacefully transmit our great national story to future generations through newly commissioned monuments to American heroes. Sec. 2. Task Force for Building and Rebuilding Monuments to American Heroes. (a) There is hereby established the Interagency Task Force for Building and Rebuilding Monuments to American Heroes (Task Force). The Task Force shall be chaired by the Secretary of the Interior (Secretary), and shall include the following additional members: (i) the Administrator of General Services (Administrator); (ii) the Chairperson of the National Endowment for the Arts (NEA); (iii) the Chairperson of the National Endowment for the Humanities (NEH); (iv) the Chairman of the Advisory Council on Historic Preservation (ACNP); and (v) any officers or employees of any executive department or agency (agency) designated by the President or the Secretary. (b) The Department of the Interior shall provide funding and administrative support as may be necessary for the performance and functions of the Task Force. The Secretary shall designate an official of the Department of the Interior to serve as the Executive Director of the Task Force, responsible for coordinating its day-to-day activities. (c) The Chairpersons of the NEA and NEH and the Chairman of the ACHP shall establish cross- department initiatives within the NEA, NEH, and ACNP, respectively,to advance the purposes of the Task Force and this order and to coordinate relevant agency operations with the Task Force. Sec. 3. National Garden of American Heroes. (a) It shall be the policy of the United States to establish a statuary park named the National Garden of American Heroes (National Garden). 152 (b) Within 60 days of the date of this order,the Task Force shall submit a report to the .President through the Assistant to the President for Domestic Policy that proposes options for the creation of the National Garden; including potential locations for the site. In identifying options,the Task Force shall: '(i) striveto open the National Garden expeditiously; (ii) evaluate the feasibility of creating the National Garden through a variety of potential avenues, including existing agency authorities and appropriations; and (iii) consider the availability of authority to encourage and accept the donation or loan of statues by States, localities,civic organizations, businesses, religious organizations,and individuals,for display at the National Garden. (c) In addition to the requirements of subsection 3(b) of this order,the proposed options for the National Garden should adhere to the criteria described in subsections (c)(i)through (c)(vi) of this section. (i) The National Garden should be composed of statues, including statues of John.Adams, Susan B.Anthony, Clara Barton, Daniel Boone,Joshua Lawrence Chamberlain, Henry Clay, Davy Crockett; Frederick Douglass,Amelia Earhart, Benjamin Franklin, Billy Graham, Alexander Hamilton,Thomas Jefferson, Martin Luther King,Jr.,Abraham Lincoln, Douglas MacArthur, Dolley Madison,James Madison,Christa.McAuliffe,Audie Murphy, George S. Patton, Jr., Ronald Reagan,Jackie Robinson, Betsy Ross,Antonin Scalia, Harriet Beecher Stowe, Harriet Tubman, Booker T.Washington,George Washington,and Orville and Wilbur Wright: (ii) The National Garden should be opened for public access prior to the 250th anniversary of the proclamation of the Declaration of Independence on July 4,2026. (iii) Statues should depict historically significant Americans, as that term is defined in section 7 of this order,who have contributed positively to America throughout our history. Examples include: the Founding Fathers,those who fought for the abolition of slavery or participated in the underground railroad, heroes of the United States Armed Forces, recipients of the Congressional Medal of Honor or Presidential Medal of Freedom,scientists and inventors, entrepreneurs,civil rights leaders, missionaries and religious leaders, pioneers and explorers, police officers and firefighters killed or injured in the line of duty, labor leaders, advocates for the poor and disadvantaged,opponents of national socialism or international socialism, former Presidents of the United States and other elected officials,judges and justices, 153 astronauts, authors, intellectuals, artists, and teachers. None will have lived perfect lives, but all will be worth honoring, remembering, and studying. (iv) All statues in the National Garden should be lifelike or realistic representations of the persons they depict, not abstract or modernist representations. (v) The National Garden should be located on a site of natural beauty that enables visitors to enjoy nature,walk among the statues, and be inspired to learn about great figures of America's history. The site should be proximate to at least one major population center, and the site should not cause significant disruption to the local community. (vi) As part of its civic education mission,the National Garden should also separately maintain a collection of statues for temporary display at appropriate sites around the United States that are accessible to the general public. Sec.4. Commissioning of New Statues and Works of Art. (a) The Task Force shall examine the appropriations authority of the agencies represented on it in light of the purpose and policy of this order. Based on its examination of relevant authorities,the Task Force shall make recommendations for the use of these agencies' appropriations. (b) To the extent appropriate and consistent with applicable law and the other provisions of this order,Task Force agencies that are authorized to provide for the commissioning of statues or monuments shall, in expending funds,give priority to projects involving the commissioning of publicly accessible statues of persons meeting the criteria described in section 3(b)(iii) of this order,with particular preference for statues of the Founding Fathers, former Presidents of the United States, leading abolitionists, and individuals involved in the discovery of America. (c) To the extent appropriate and consistent with applicable law,these agencies shall prioritize projects that will result in the installation of a statue as described in subsection (b) of this section in a community where a statue depicting a historically significant American was removed or destroyed in conjunction with the events described in section 1 of this order. (d) After consulting with the Task Force,the Administrator of General Services shall promptly revise and thereafter operate the General Service Administration's (GSA's) Art in Architecture (AIA) Policies and Procedures, GSA Acquisition LetterV-10-01, and Part 102-77 of title 41, Code of Federal Regulations,to prioritize the commission of works of art that portray historically significant Americans or events of American historical significance or illustrate the ideals upon which our Nation was founded. Priority should be given to public-facing monuments to former Presidents of the United States and to individuals and events relating to the discovery 154 A of America,the founding of the United States,and the.abolition of slavery. Suc.h.works of art should be designed to be appreciated by the general public and by those who use and interact with Federal buildings. Priority should be given to this policy above other policies contained in part 102-77 of title 41, Code of Federal Regulations, and revisions made pursuant to this subsection shall be made to supersede any regulatory provisions of AIA that may conflict with or otherwise impede advancing the purposes of this subsection. (e) When a statue or work of art commissioned pursuant to this section is meant to depict a historically significant American,the statue or work of art shall be a lifelike or realistic representation of that person, not an abstract or modernist representation. Sec. 5. Educational Programming. The Chairperson of the NEH shall prioritize the allocation of funding to programs and projects.that educate Americans about the founding documents and founding ideals of the United States,as appropriate and to.the extent consistent with applicable law, including section 956 of title 20, United States Code. The founding documents include the Declaration of Independence,the Constitution, and the Federalist Papers. The founding ideals include equality under the law, respect for inalienable individual rights, and representative self-government. Within 90 days of the conclusion of each.Fiscal Year from 2021 through 2026,the Chairperson shall submit a report to the President through the Assistant to the President for Domestic Policy that identifies funding allocated to programs and projects pursuant to this section. Sec. 6. Protection of National Garden and Statues Commissioned Pursuant to this Order. The Attorney General shall apply section 3 of Executive Order 13933 of June 26,2020 (Protecting American Monuments, Memorials,and Statues and Combating Recent Criminal Violence), with respect to violations of Federal law regarding the National Garden and all statues commissioned pursuant to this order. Sec. 7. Definition. The term "historically significant American" means an individual who was, or.became, an American citizen and was a public figure who made substantive contributions to America's public life or otherwise had a substantive effect on America's history. The phrase also includes public figures such as Christopher Columbus,Junipero Serra, and the Marquis de La Fayette,who lived prior to or during the American Revolution and were not American citizens, but who made substantive historical contributions to the discovery, development,or independence of the future United States. Sec. 8. General Provisions. (a) Nothing in this order shall be construed to impair or otherwise. affect: 155 (i) the authority granted by law to an executive department or agency, or the head thereof; or (ii) the functions of the Director of the Office of Management and Budget relating to budgetary, administrative, or legislative proposals. (b) This order shall be implemented consistent with applicable law and subject to the availability of appropriations. (c) This order is not intended to, and does not,create any right or benefit,substantive or procedural,enforceable at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees,or agents,or any other person. DONALD J.TRUMP THE WHITE HOUSE, J u ly 3, 2020. 156 'r ` r Board of Supervisors Agenda Item Detail . Meeting Date: August 12, 2020 ��GrN Agenda Section: County Officials Title: Resolution Consenting to the Filing of a Conditional Use Permit Application for a Utility- Scale Solar Power Generating Facility on Rights-Of-Way within the Springdale Glen and Carrollton Estates Subdivisions Attachments: BOS08-12-20TorchM emoAnd Resol ution20200804.pdf 157 COUNTY OF FREDERICK f Roderick B. Williams County Attorney 540/722-8383 (;vy, Fax 540/667-0370 E-mail rwillia@fcva.us MEMORANDUM TO: Board of Supervisors FROM: Roderick B. Williams, County Attorney DATE: August 4, 2020 RE: Bartonsville Solar Facility —Conditional Use Permit Application—Consent for Inclusion of Public Rights-of-Way in Encompassed Subdivisions Attached please find a proposed resolution by which the Board would consent to the inclusion of unbuilt but County-owned road rights-of-way within two unbuilt subdivisions as part of a pending conditional use permit(CUP) application for a utility-scale solar power generating facility. The resolution would have no effect on the County's proprietary interest in the rights-of-way, as the resolution would expressly condition the Board's consent on the vacation of the subdivisions, as the vacation, by operation of law, would cause reversion of the ownership of the rights-of-way to the subdivision owners. By way of background, last month, the County received a CUP application from Bartonsville Energy Facility, LLC (and associated landowners)for a utility-scale solar power generating facility, to be comprised of approximately 957 acres (with the rights-of-way constituting an additional 15.22 acres, more or less), generally located along Passage Road (Route 648), Marlboro Road (Route 631), and Springdale Road (Route 649), west of the CSX rail corridor and partially within the limits of the Town of Stephens City. In this memorandum, I refer to the subject facility as the "Bartonsville Solar Facility". At present, the Planning Commission public hearing on this application is scheduled for September 2.i The parcels that would be subject to the Bartonsville Solar Facility include 64 lots that currently comprise two platted but unbuilt residential subdivisions, Springdale Glen and Carrollton Estates. Because of this, the geographic scope of the Bartonsville Solar Facility presents a unique situation. Specifically, as is typical of subdivisions, the act of creating the subdivisions resulted in dedication of the internal subdivision street rights-of-way to the County. Dedication of the internal subdivision street rights-of-way means that, at this time, the County ' To avoid any confusion here,I note that the Bartonsville Solar Facility is entirely unrelated to the Foxglove Solar LLC utility-scale solar power generating facility CUP,generally located along Marlboro Road,Hites Road,Klines Mill Road, Clark Road,and Vaucluse Road,which the Board approved on July 8. 107 North Kent Street • Winchester, Virginia 22601 158 actually owns the rights-of-way. By way of further explanation, however, I note that these subdivision streets are likewise unbuilt and that neither the County nor VDOT have expended any public funds relative to the subject subdivision streets. The concept plan for the Bartonsville Solar Facility expressly contemplates that the facility will use all areas of the two subdivisions, including the rights-of-way. The applicants represent that they will vacate the subdivisions following any approval of the CUP and prior to site plan approval. In fact, the proposed conditions of the CUP include vacation of the subdivisions as a requirement. State law and County Code provide that all of the owners of a subdivision may, with the Board's consent, vacate a subdivision before the sale of any lot therein and that, upon vacation, the rights-of-way revert to the owners of the land within the subdivision. Va. Code §§ 15.2-2271, 15.2-2272, and 15.2-2274; County Code § 144-14. I have identified as a concern, however, the fact that, absent additional action, any approval of the CUP by the Board would therefore presently only include the subdivision lots and not the rights-of-way. Approval of the CUP without it extending to the rights-of-way would be of only limited utility to the applicants. Therefore, as the best way to address this situation, I have prepared the attached proposed resolution for the Board's consideration. The attached proposed resolution, if the Board adopts it, would permit the CUP application to proceed with respect to the subdivision lots and the encompassed rights-of-way, but only expressly conditioned upon the vacation of the subdivisions following approval of the CUP. By the terms of the proposed resolution, if the vacation of the subdivisions does not occur, then the CUP would not take effect. The attached proposed resolution, if the Board adopts it, is a common sense solution to an awkward circumstance in which particular property owners, with the Board's consent, have a right to vacate the subdivisions and, as a result, have the rights-of-way in those subdivisions revert back to them. Because the applicants do not currently own the rights-of-way and do not desire to vacate the subdivisions before the approval of the CUP, they need the Board's permission to include the rights-of-way in the application. For understandable reasons, it does not appear that the County should force them to lose the benefit of any subdivision by vacating them, merely in order to be able to apply for a CUP as to which the applicants obviously have no guarantee of approval. Attachment 159 A � BOARD OF SUPERVISORS RESOLUTION CONSENTING TO THE FILING OFA CONDITIONAL USE PERMIT APPLICATION FOR A UTILITY-SCALE SOLAR POWER GENERATING FACILITY ON RIGHTS-OF-WAY WITHIN THE SPRINGDALE GLEN AND CARROLLTON ESTATES SUBDIVISIONS WHEREAS,Frederick County has received a conditional use permit application (the "Application")for a utility-scale solar power generating facility (the "Solar Facility") on approximately 957 acres, generally located along Passage Road (Route 648), Marlboro Road (Route 631), and Springdale Road (Route 649), west of the CSX rail corridor and partially within the limits of the Town of Stephens City; and WHEREAS, among the parcels that the Application includes are the entirety of the Springdale Glen (Tax Parcel Numbers 74-7-1 through 74-7-12) and Carrollton Estates (Tax Parcel Numbers 74-5-1 through 74-5-52) Subdivisions (the "Subdivisions"), which are owned by the Applicants for the Application; and WHEREAS, the Subdivisions, which are presently unbuilt, also include various unbuilt road rights-of-way (the"Rights-of-Way"), which have been dedicated to Frederick County pursuant to applicable law; and WHEREAS, operation of the Solar Facility would require the use of the parcels within the Subdivisions, which parcels are owned by private party applicants, and of the Rights-of-Way, which are owned by the County by virtue of their previous dedication, but only the private party applicants are parties to the Application; and WHEREAS, the Applicants for the Application also desire to include the Rights-of-Way as part of the Application, subject to the vacation of the Subdivisions in the event of and subsequent to the approval of the Application; and 160 WHEREAS, the Applicants for the Application need the consent of the Board of Supervisors to include the Rights-of-Way in the Application, subject to the vacation of the Subdivisions in the event of and subsequent to the approval of the Application; NOW, THEREFORE, BE IT RESOLVED,that the Board of Supervisors consents to the filing of the Application to include, in part, the Rights-of-Way, subject to and expressly conditioned, however, upon the vacation of the Subdivisions, in the event the Board approves the Application and adopts a condition as part of any such conditional use permit, to the effect that the conditional use permit shall not be effective unless and until the vacation of the Subdivisions is approved and recorded. ADOPTED this 12th day of August, 2020. Charles S. DeHaven, Jr., Chairman Shawn L. Graber J. Douglas McCarthy Robert W. Wells Blaine P. Dunn Gene E. Fisher Judith McCann-Slaughter Kris C. Tierney Clerk, Board of Supervisors County of Frederick, Virginia 161 'r ` r Board of Supervisors Agenda Item Detail . Meeting Date: August 12, 2020 ��GrN Agenda Section: County Officials Title: ( * ) Items 1, 2 and 7 were approved under Committee consent agenda. Attachments: BOS08-12-20FinanceCommitteeReport15July2020.pdf 162 FINANCE COMMITTEE REPORT to the BOARD OF SUPERVISORS Wednesday,July 15,2020 8:00 a.m. 107 NORTH KENT STREET,WINCHESTER,VIRGINIA A Finance Committee meeting was held in the Board of Supervisors Room at 107 North Kent Street on Wednesday,July 15,2020 at 8:00 a.m. ATTENDEES: Committee Members Present: Judith McCann-Slaughter,Chairman; Charles DeHaven; Robert Wells;Jeffrey Boppe; and non-voting liaisons William Orndoff,Treasurer and Seth Thatcher, Commissioner of the Revenue. Committee Member Absent: Angela Rudolph-Wiseman. Staff present: Cheryl Shiffler, Finance Director; Sharon Kibler,Assistant Finance Director; Kris Tierney,County Administrator;Jay Tibbs, Deputy County Administrator; Rod Williams, County Attorney;Joe Wilder, Public Works Director; Chester Lauck, Deputy Emergency Management Coordinator; Lenny Millholland,Sheriff; and Richard Venskoske,Voter Registrar. ITEMS REQUIRING ACTION BY BOARD OF SUPERVISORS: ( * ) Items 1,2 and 7 were approved under consent agenda. 1. ('* )The Sheriff requests a General Fund supplemental appropriation in the amount of$50. This amount represents a donation to the Honor Guard. No local funds required. See attached memo, p.4. 2. (*')The Sheriff requests a General Fund supplemental appropriation in the amount of $2,512.31. This amount represents an auto claim reimbursement. No local funds required. See attached memo, p. 5—6. 3. The Sheriff requests a General Fund supplemental appropriation in the amount of$16,050. This amount represents traffic control reimbursements. No local funds required. See attached memo, p. 7—8. The committee recommends approval. 4. The Sheriff requests a General Fund supplemental appropriation in the amount of$13,756.06 ($2,014.16 pending receipt of funds). This amount represents reimbursements from the IRS for overtime and travel. No local funds required. See attached information, p. 9. The committee recommends approval. 163 5. The Director of Elections requests a General Fund supplemental appropriation in the amount of $74,301. This amount represents CARES Act funding from the Department of Elections for expenses related to COVID-19 for the November 2020 federal elections only. In addition,a consensus to submit the certification to receive the funds is requested. The certification is due July 31,2020. No local funds required. See attached information, p. 10—13. The committee recommends approval. 6. The Director of Elections requests a General Fund supplemental appropriation in the amount of $94,577. This amount represents funds necessary to meet the anticipated increase of voters exercising No Excuse Early Voting for the November 2020 Election. Local funds are required. See attached memo, p. 14—15. A portion of these expenses may be eligible for CARES Act funds, but until more guidance is issued that amount is undetermined at this time. The committee recommends approval. 7. (*)The Public Works Director requests a General Fund supplemental appropriation in the amount of$1,650. This amount represents a grant awarded from The Department of Housing and Community Development to support virtual training for required certifications. No local funds required. See attached information, p. 16—19. ITEMS NOT REQUIRING ACTION BY BOARD OF SUPERVISORS: 1. A public hearing advertisement and subsequent CARES Act Fund supplemental appropriation in the amount of$7,792,215 is requested. This amount represents Coronavirus Relief Funds(CRF) allocated from the State's receipt of Coronavirus Aid, Relief,and Economic Security(CARES)Act of 2020 to aid localities with the direct impact of the COVID-19 pandemic. No local funds required,and unspent funds must be returned. See attached information, p.20—29. The committee recommends approval to advertise the public hearing. INFORMATION ONLY: 1. The Finance Director provides a Fund 10 Transfer Report for June 2020. See attached, p. 30—32. 2. Fund balance information will be provided after the County closes FY20. 2 164 Respectfully submitted, FINANCE COMMITTEE Judith McCann-Slaughter,Chairman Charles DeHaven Robert Wells Jeffrey Boppe By CYg; Z B. Shy Cheryl B.Shiffler, Finance Director 3 165 Cy. COUNTY SHERIFFS pF R Sheriff Lenny Mlllholiand � Major Steve A.Hawkins 1080 COVERSTONE DRIVE WINCHESTER,VIRGINIA 22602 540-662-6168 FAX 540-504-6400 TO : Cheryl Shiffler Director of Finance FROM : Sheriff Lenny Millholland SUBJECT :Appropriation of Funds—Donation Honor Guard DATE : June 22, 2020 We are requesting the donation received for the Honor Guard that was posted to 3-010-018990- 0006(1 OCR)to be appropriated in budget line 4-010-031020-5410-000-000. $50.00—Timothy Weir This amount will go towards items for their uniform that is needed Thank you, L WM/adc 1 (2-o W11111 .Code on ryv mo `TD Tms 6fc. Po5lcd 4D -olo--a18'�"4D Ca c,� e d wt 166 RICK COUNTY SHERIFFS O FFI c 14ERIrp Ct Y �prcx ro Sheriff Lenny Millholland °lk Major Steve A. Hawkins �'RG�rs�P 1080 COVERSTONE DRIVE WINCHESTER, VIRGINIA 22602 540-662-6168 FAX 540-504-6400 TO Cheryl Shiffler Director of Finance FROM -.Sheriff Lenny Millholland DATE : June 23, 2020 SUBJECT : Insurance Reimbursement The Frederick County Sheriff's Office has received a check from VACoRP for a auto claim dated January 4, 2020.We are requesting$2,512.31 be appropriated into the following line item.This amount will go towards maintenance on the vehicles Please appropriate to line item 31020-3004-000-002 Thank you LWM/adc c.s. 6/24/20 5 167 = FF1_Q=, COUNTY r..; Fes.JNAF4Cj" VACORP June 5, 2020 Frederick County Attn:Jennifer Place 107 North Kent Street Winchester,VA. 22601 Virginia Association of Counties Self Insurance Risk Pool Member: Frederick County - Claim Number: 0342020262427 Date of Loss: 1/4/2020 Dear Ms. Place: Enclosed please find VACORP property damage check in the amount of$2,512.31 for the repairs to the 2016 Ford Interceptor VIN 6972 that was damaged on 1/4/2020, This payment was based on the appraisal submitted from SO Appraisal Services for $3,012.31 less the$500..00 deductible. If you should have any questions regarding this payment, please feel free to call me at 1- 888-822-6772 ext. 174. Sincerely, Tared Mullen Claims Specialist Enclosed—Check 1819 Electric ltd.,Suite C Roanoke,VA 240181888.822-67721 Fax 877-212.8599 www.vacorp.org 6 168 Sharon Kibler From: Angela Carroll Sent: Tuesday,June 23, 2020 10:15 AM To: Sharon Kibler Subject: Recover cost reimbursement Good morning, We have received $8,800.00 check from Richardson-Wayland for traffic control (recovered cost) GL#3-010-019010- 0018.Will go back into OT. I think we're only waiting on one more check from Navy.That will be from June recover cost. Thank you Q Avigie Carroll AdmiKistrative AssistaKt Frederick Couvtty Sheriff's Office 1080 Coverstov<e Dr. , WiKchester, VA 2-2-602- Email: .2.602Email: acarroll@fcva.us Te I. 540-504-65.34 Fax. 540-504-6400 "Kindness is FREE SPRINKLE Mat stuff EVERYWHERE" WO 1 7 169 Sharon Kibler From: Angela Carroll Sent: Wednesday,June 17, 2020 1:34 PM To: Sharon Kibler Subject: Navy Federal Reimbursement received Hello again, Just wanted to let you know I have received the check from Navy for May's reimbursement. We'll have one for June that we'll get in July.The amount received is$7,250 and having it post to rev. line 3-010-019010-0018 (10GO) Thank you and have a great day@ AKgie Carroll Administrative Assistavlt Frederick Couvtty Sheriff's Office 1080 Coverstovte Dr. , Mnchester, VA 22.602. Email: acarroll@Fcva.us Tel- 540-504-6534 Fax. 540-5704-6400 1 8 170 Month OT Travel Veh Maint Powered Equip Total Amount Date Paid 3004 5408 Claimed Rcvd $4444E124-.-58 52,911.39 - Aug $2,709.56 $712.80 $3,422.36 $3,422.36 10/15/2019 Sep $1,986.76 $2,874.80 $4,179.30 $2,794.80 $11,835.66 $11,835.66 2/11/2020 Oct $1,844.96 $713.00 $2,557.96 $2,557.96 6/8/2020 Nov $863.25 $863.25 $863.25 2/28/2020 Dec $1,210.75 $1,210.75 $1,210.75 2/26/2020 Jan $2,423.76 $1,322.80 $3,746.56 $3,746.56 3/26/2020 Feb $2,020.40 $2,010.89 $4,031.29 $4,031.29 5/27/2020 Mar $2,306.42 $885.96 $3,192.38 $3,192.38 5/27/2020 Apr $1,960.27 $1,960.27 $1,960.27 6/8/2020 May $2,014.16 $2,014.16 Pending $20,781.66 $8,965.69 $5,203.88 $2,794.80 $37,746.03 Total Paid $35,731.87 Amount Claimed $37,746.03 Already Paid -$35,731.87 Pending $2,014.16 Pending OT Only May $2,014.16 Total $2,014.16 JUL WAS FY19 FY 20 AUG,SPET, NOV, DEC,JAN-$21,078.58—S/A 5/20/20 FIN COMM, 5/27/20 BOS FY 20 OCT, FEB, MAR,APR-$11,741.90—not reported at the time of the 5/20/20 Finance Committee meeting. MAY NOT RECD(as��)��dl�-}, �D 3-010-033010-0025 O� g VIRGINIA DEPARTMENT of ELECTIONS News Release For Immediate Release June 9,2020 For more information: Andrea M. Gaines 804-864-8928 Andrea.Gaiunes a elections.Virginia.Gov Virginia Department of Elections Announces Cares Act Funding RICHMOND—The Virginia Department of Elections today announced the distribution of $9 million in Coronavirus Aid, Relief and Economic Security(CARES)Act funding,granted specifically to prevent, prepare for,and respond to coronavirus, domestically or internationally, for the 2020 federal election cycle. "COVID-19 has brought unprecedented challenges to our electoral system. It is vital to keep our election officials and voters safe. It is also imperative that local election offices are equipped to handle the anticipated increase in the volume of absentee ballots. We are happy to distribute these funds to ensure that local election offices are prepared for the November election during the COVID-19 pandemic,"said Christopher Piper, Commissioner of the Virginia Department of Elections. The Department of Elections is notifying local voter registration offices that CARES Act funding maybe used for a number of expenses related to COVID-19 for the November 2020 federal elections only. These funds may be used toward any expenditures related to the protection of the health and safety of poll workers, staff, and voters during the federal election as well as those resulting from anticipated increased demand for absentee ballots by mail costs(e.g. printing ballots, printing envelopes,postage, etc.),equipment and temporary staff. Local voter registration offices may also utilize the funding for voter outreach to include mailings,public service announcements, etc. Funds cannot be utilized for items that would be needed regardless of the COVID-19 pandemic. While funds disbursed to localities may also be used for obtaining personal protective equipment(PPE),the Virginia Department of Elections has provided $1 million in PPE and sanitization supplies utilizing state resources for May local elections and CARES Act funding for June primary elections and is preparing to provide PPE for the November election as well. These 10 172 supplies consisted of masks, face shields, gloves,hand sanitizer, disinfectant for voting machines and other surfaces,precinct protection kits,one-time use folders and one-time use pens for voters to utilize at polling locations. The Virginia Department of Elections encourages voters to protect their health during the COVID-19 outbreak by voting absentee for all upcoming elections. Voters can go to elections.virs,inia.cov/absentee to submit an application for an absentee ballot.Voters who choose the absentee option should do so as soon as possible so they can get their ballots in time to return them by mail by Election Day 11 173 Sharon Kibler From: Rich Venskoske Sent: Tuesday,June 16, 2020 4:38 PM To: Sharon Kibler Subject: FW: '[External]'2020 CARES ACT Certification and Award Attachments: Grant Award Cert-frederick.xlsx Good afternoon, Is this something you would assist with? Thanks, Rich From: Mitchell, Kierra<kierra.mitchell@elections.virginia.gov> Sent:Tuesday,June 16, 2020 4:01 PM To: Rich Venskoske<rich.venskoske@fcva.us> Subject: '[External]'2020 CARES ACT Certification and Award Attached is the Certification and award amount for the 2020 CARES ACT.The certification is being sent to the GR as the primary contact. The form shows the amount that you will be receiving in July/August that can be used to help offset the cost associated with the 2020 Presidential Election. The money must be used for costs related to the CORONAVIRUS for items such as mailings, equipment to handle increase in voting preferences, personnel etc.The additional expense must be related to the CORONAVIRUS. Please return the certification by July 31 Nrith both of the requested signatories. If there are any questions please let me know. Kierra Mitchell Administrative Assistant Department of Elections kierra.mitchell@elections.vireinia.eov (804)593-2277 Department of Elections Email Disclaimer: This message,including any attachments,may summarize laws,regulations and policies of the Virginia Department of Elections or the Commonwealth of Virginia. Furthermore,this message and any responses sent to this email address may be subject to public disclosure under FOIA.For more information,please call the Virginia Department of Elections at 1-800-552-9745 or visit htt�,s:l/www.elections.virginia.ciov/e-mail-disclaimer/index.html. 1 12 174 2020 CARES ACT - (COVID-19) Enter Contact Information Email completed certification as an attachment to: County or City Name'Frederick County fiscal@eIections.virl Jnia._ov Locality Code 069 For questions, contact ID (internal use only) 0000046246 Kevin Hill at:804-864-8950 Mailing Address: Street 1 Street 2 See Instructions Tab . Fill in the shaded areas. City When finished, SAVE this_workbook. Zip Code Email thecompleted certification to fiscal@elections.virginia.gov Enter the subject like chis- Name of Locality-CARES ACT Certification. Please Provide applicable) Total Award amount of CARES ACT(COVID-19)Funding $ 74,301 AdministratorChief Administrative Officer (City Manager,County . . 1 certify that the amount awarded is to be used for Elections allowable expenses.Any funding from CARES ACT that is not an eligible expense must be paid back to ELECT with interest.We also agree to maintain all records for a period of 4 years or audited.All funds must be encumbered by November 30,2020 and paid out by December 31,2020. Name Email Work Title Phone General Register (Primary Contact) 1 certify that the amount awarded is to be used for Elections allowable expenses for the 2020 Presidenia) Elections.We also agree to maintain all records for a period of 4 years or audited. All funds must be encumbered by November 30,2020 and paid out by December 31,2020. Name Email Work Title Phone 13 175 OFFICE OF VOTER REGISTRATION Richard M.Venskoske Director of Elections 107 N.Kent Street,Suite 102,Winchester,VA 22601-5039 E-mail:rich.venskoske@fcva.us Telephone:540-665-5660 To: Frederick County Finance Committee From: Rich Venskoske 0 Subject: Supplemental Budget Request for the November 3,2020 General and Special Election Date: Wednesday,July 8,2020 The Director of Elections requests to be placed on the Frederick County Finance Committee Agenda for their next meeting. The purpose of this request is to seek approval of the Supplemental Budget Request for the November 3,2020 General and Special Election. The amount of the Supplemental Budget Request is $94,577. This amount should cover all expenses related to the Election and for the No Excuse Early Voting. This Supplemental Budget Request is to be done from the 2020—2021 Budget year. 14 176 Line item Budgeted Additiional Needs COVID 013010-1003-000-000 Part Time/Extra Help 18,000 23,800 2wks 4800 013010-1005-000-000 Overtime 7,500 2,500 013010-1006-000-002 Poll Workers 61,750 25,000 013010-2001-000-000 FICA 1,364 013010-2011-000-000 Worker's Comp 13 013010-3007-000-000 Advertising for Satellite location 0 500 013010-3010-000-000 Delivery/Pickup of Equipment 50,260 500 013010-5204-000-000 Postage-Extra Mailed Ballots 4,438 6,500 50% 3250 013010-5401-000-000 Office Supplies 6,584 14,200 10% 1420 013010-5506-000-000 Mileage btwn Office&Satellite 0 420 013020-9001-000-000 High Speed Copier- Print PollBooks 2400 690 013020-1005-000-000 Overtime 4,500 4,500 013020-9001-000-000 High Speed Copier- Print PollBooks 2400 690 Maintenance 2500 Initial Cleaning 1500 Cleaning Services(6 weeks) 1500 IT-Networking 8000 Cleaning and Toilet Supplies 400 94,577 15 CO a4 �� COUNTY of FREDERICK ® Inspections Department `RGIN 73 Mark A. Fleet, Building Official 540-665-5650 Fax 540-678-0682 MEMORANDUM To: Cheryl Shiffler, Finance Director Thru: Joe Wilder, Director of Public Works'. From: Amy Feltner, Plans Examiner Subject: Request for supplemental appropriations/Carry Forward FY 20/21 Date: July 6, 2020 The Building Inspections Department has been awarded a grant in the amount of$1,650 by the Virginia Department of Housing and Community Development (DHCD). Due to the governor's orders regarding social distancing and gathering limits, the Building Code Academy is now providing certification and continuing education classes online. Recognizing that, for localities to participate in training through virtual means, many localities may need the equipment necessary to attend online training. DHCD is making funding available through the Virginia Code Academy for jurisdictional building departments, who participate in the collection and conveyance of the levy surcharge to DHCD, to the purchase of necessary equipment. The funds were received and deposited June 29, 2020. Therefore, we are asking for the funds to be appropriated in FY 19/20 then carried forward to FY 20/21 budget cycle in line item 3401-5401-000. 3-010-024040-0010 c.s. 6/29/20 107 North Kent Street • Winchester,Virginia 22601 16 178 o� ti : ; C Ralph S Northam GovernorC. �Q, R.Brian Bell � MM NWEALTH ®J{ VIRG I` 'N I ~ Erik Directorston Secretary If DEPARTMENT OF Commerce and Tracie HD;JS'NG AND GOMMUNITy DEVELOPMENT June 15, 2020 TO: Amy Light Feltner Frederick County FROM: Sandi Morris Director, Vir "u�ilcdring�ACademy RE: Virtual Training Support Grant Award Congratulations! The Department of Housing and Community Development has reviewed and approved your application to the 2020 Virtual Training Support Grant in the requested amount of$1650. The check will be mailed separately and should be received within 30 days to the address provided on the W-9 form submitted with your grant application. As indicated by your signature on the application you have agreed to the following terms: 1. Use the grant funds only as specified in the approved grant proposal unless otherwise approved by DHCD, 2. All grant-approved expenditures must occur by September 1, 2020 unless otherwise approved by DHCD. 3. Provide expense record and receipts to DHCD to verify grant expenditures and activities no later than September 30, 2020, 4. Account for, report, and repay, if necessary, any portion of the funds not used for the specified purposes unless otherwise approved by DHCD, 5. Refrain from use of the funds for any purpose prohibited by law, 6. Cooperate with any efforts of DHCD to publicize the grant award. Again, awarded funds must be spent by September 1, 2020. The completed Expense Report and receipts/proof of purchase are due to our office by September 30, 2020. If you have any questions please contact Kelly Duggins at kelly.duggins@dhcd.virginia.gov. Thank you for taking advantage of this training support grant opportunity and we look forward to seeing you at future trainings. ♦.+ Virginia Department of Housing and Community Development I Partners for Better Communities f wiea�Wp� � Ma n Street Centre 1600 East Main Street,Suite 300 Richmond,VA 23219 j 11®rco www dhcd.virginia.gov I Phone(804)371 7000 I Fax 18041371-7090 1 Virginia Relay 7.1.1 17 Grant Application Request Form The Grant Application&Acceptance Policy,adopted by the Board of Supervisors on March 23,2016,outlines the policies for submitting grant applications on behalf of Frederick County and for the acceptance and appropriation of all grant awards. This policy applies to any Frederick County program,department or constitutional office preparing and submitting grant applications to agencies outside the County government for funds,materials or equipment to be received and administered by the County or by an agency for which the County acts as fiscal agent. Please refer to the policy flow chart on the back of this form to assist in determining the appropriate course of action. The policy in its entirety can be found on the Finance intranet page. Complete the information below and attach as the cover to all grant applications sent to the County Administrator for approval. Requesting Department Building Inspections Name of Grant Virginia Code Academy Virtual Training Grantor Department of Housing and Community Development _ Grant deadline for submission 05/29/2020 Total Amount of Anticipated Award $ 1,650.00 purchase computer equipment for a virtual classroom for building Purpose of grant(summary) inspectors Grant approved through budget No process?(Yes/No) Local Match Requirement(Yes/No) i No Amount: If yes,Source(s)&amount(s)of local match (fin comm/BOS approval required if match re:uires a budget amendment) Other associated costs none Continuing obligation and cost none (fin comm/BOS approval required) Addition of Staff and cost(Yes/No) NO How many?® Total cost, (fin comm/BOS approval required) including fringes: Revenue and Expenditure codes& Office Supplies 3401-5401-00 amounts Department Contact(name,email,phone) Amy Feltner Department Head approval to apply Date for grant BOS approval date (if applicable) Finance review of grant policy Date r compliance ` J County Administrator approval to Date apply for grant .Z01V Notes: 18 1/15/2019 180 Local Building Department �� , «��N�a Virtual Training Support e Idffgn May zozo APPLICATION 1) Locality Name: Frederick County Virginia 2) Contact Name: Amy Light Feltner Address: 107N Kent Street,Winchester,Virginia 22601 Email: alight@fcva.us Phone: 540 722-8233 3) Amount of Funding request: 1650.00(One Thousand Six Hundred Fifty Dollars) 4) Describe how your locality intends to use the funding to support required certification or continuing education training virtual training classes. What types of equipment or hardware to you anticipate needing to support staff attending virtual or online training? (attach additional sheets if necessary) Frederick County Inspections department is in need of a modern computer with a larger screen, speakers, headset/microphone, and a webcam in order to modify an existing computer area for use in virtual training. We currently have five employees that will need to obtain certifications within the near future. Our existing office equipment and inspector laptops are outdated and not capable of accommodating virtual training classes. Additionally,three headsets will be available to the inspectors/staff to use with the inspectors laptops once the existing laptops are upgraded and cycled out in the future. Computer/Dock Station ($1170) Screen ($300) Headsets ($30.00 per) Webcam ($60.00) By signature below indicate the locality's agreement to and understanding that failure to comply with the funding requirements, restrictions, or deadlines will result in the return of the funds to DHCD. Signature: Date: 5120, 1Zj zm Building Official Signature: Date: � / YO,Z i9 Town/City/County Administrator.— _' Return your application and the completed state W-9 to DHCD at vbca(a)_dhcd.virginia.gov no later than close of business on June 5, 2020. For more information or questions, contact Kelly Duggins at(804) 371-7180 or email kelly.duggins dhcd.virginia.gov Local Building Department training support funding Page 21% 181 COUNTY of FREDERICK u- Finance Department PG1 Cheryl B. Shiffler »g Director 540/665-5610 Fax: 540/667-0370 E-mail: cshiffle@fcva.us MEMORANDUM TO: Finance Committee and Board of Supervisors FROM: Sharon Kibler,Finance DATE: 7/8/2020 SUBJECT: CARES CRF supplemental appropriation request The Coronavirus Aid,Relief,and Economic Security(CARES)Act of 2020 aids local governments for the direct impact of the COVID-19 pandemic through the establishment of the Coronavirus Relief Fund(CRF). Allocations were sent to localities from the State based on population,and Frederick County received $7,792,215 on June 2,2020. The population data used by the State to determine CRF allocations to localities included the residents that live in the towns located within the County. Consequently,the County"must ensure that an equitable share of the CRF funds it receives is shared with and granted to each town within its jurisdiction."` Using the same population methodology that was applied to the County for receipt of CRF,Middletown is eligible to receive$120,574.17 and Stephens City$178,069.38. The funds granted to the towns must be spent in accordance with the official federal guidance issued regarding what constitutes a necessary expenditure. A draft Certification for Receipt of CRF Payments is attached and has been reviewed by the County Attorney. The certification states that eligible expenses will be reimbursed upon submission of proper expense documentation to the County. The CARES Act provides that payments from the CRF only may be used to cover costs that: 1.are necessary expenditures incurred due to the public health emergency with respect to the Coronavirus Disease 2019(COVID-19); 2.were not accounted for in the budget most recently approved as of March 27,2020(the date of enactment of the CARES Act)for the State or local governments; 3.were incurred during the period that begins on March 1,2020 and ends on December 30,2020. (A cost is incurred when the responsible unit of government has expended funds to cover the cost.);and 4.are used for the direct costs associated with the response to the COVID-19 pandemic and cannot be used to make up for revenue shortfalls. There are two rules that are hard and fast regarding the use of CARES Act money.The first rule is that"a cost is incurred when the responsible unit of government has expended funds to cover the cost."The second rule is that CARES Act funds cannot be used to make up for local revenue shortfalls.To do so could result in the loss of state dollars for your locality. Staff began having discussions and analyzing potential uses of the CRF funds as soon as notifications of the funds was made available. Official guidance on the eligible uses of the funds has been sporadic and often 107 North Kent Street • Winchester, Virginia 22601 $2 CARES CRF supplemental appropriation request page 2 very vague. This has created difficulty in preparing a detailed budget for the use of the funds. We know that the FCPS will need funds to reopen under new guidelines(preliminary estimates are approximately$5 million above currently budgeted). CRF funds that are not expended by December 30,2020 must be returned. Due to the very short window to spend the funds,combined with the abbreviated BOS summer meeting schedule,and many unknown, but time sensitive COVID related expenses such as the school reopening,a supplemental appropriation in the amount of$7,792,215 is requested. This item requires a public hearing. A proposed resolution is attached. Please find attached a working process strategy. This document is a flexible document and has been used only as a guide for staff. Thank you. Attachments: Draft Process strategy Draft Town certification Draft Resolution for supplemental appropriation 'Commonwealth of Virginia Secretary of Finance memo dated May 12,2020 21 183 AGK, oGM.e Frederick County CARES Act/FEMA PA Administration a Proposal: For the administration and management of the Frederick County CARES Act allocation and FEMA PA reimbursement. • A collaborative effort involving the Finance Department(FD), Emergency Management (EM), and County Administration. • The CARES Act has a very short performance period-- ends December 30, 2020. • Proper administration and management of the CARES Act funds will pose an additional burden and attention that one department or division may not be able to handle on their own. o Emergency Management has significant experience in administering and managing grants and FEMA PA applications. • Finance Department will coordinate CARES and FEMA PA in collaboration with Emergency Management. o Expense tracking, documentation and audit requirements of both programs are very similar. • Finance Department will coordinate and communicate with Frederick County Public Schools, Frederick County Economic Development Authority, Frederick County Department of Social Services, and Frederick County IT Department to develop programs and estimated costs of CARES and/or FEMA PA eligible items. • Finance Department and Emergency Management will consult with the County Attorney on eligibility of certain expenses. • All major expenses/programs will be approved by the County Administrator. • Recommendation: o FD administers and manages the CARES Act fund account in collaboration with EM and the FEMA PA. o FD and EM creates guidance and instructions for departments. o FD and EM make determination as to best funding source to use, i.e. CARES or FEMA PA. o FD receives and manages requests for use of the funds. o FD sets up the fund account and associated expenditure account codes. o FD generates the appropriate paperwork and required resolutions and supplemental appropriations for the Board of Supervisors via the Finance Committee when appropriate. o FD and EM make a determination of eligibility prior to encumbrance when appropriate. o FD manages the fund budget in collaboration with the County Administrator. Encumbers approved and eligible expenses. o FD and EM establish minimum documentation requirements for each expense category. o FD receives all required documentation from Departments via a dedicated email address. 1 I Page 22 184 AGK, Frederick County CARES Act/FEMA PA Administration a �oGM.e� o FD processes invoices for payment through the normal pcard/accounts payable process. o FD maintains accounting of all invoices paid and gathers verification of payment documentation from pcard reports and/or AS400. o FD generates a monthly accounting report. o EM and FD respond to any requests for information by Administration or the Board of Supervisors. o FD serves as the main point-of-contact for all requests for information and audit activities. o Upon completion of the performance period, FD and EM generate a final report for the Board of Supervisors. Guidance: CARES Act—100%Federal Cost Share—direct aid—unspent funds must he returned While there are several factors that determine the eligibility of an expense, the first question that will begin the determination: 1. Would you have this expenditure in the current budget in the absence of the COVID-19 public health emergency? a. Yes, likely not eligible. b. No,may be eligible. The CARES Act requires that the payments from the Coronavirus Relief Fund only be used to cover expenses that I. are necessary expenditures incurred due to the public health emergency with respect to the Coronavirus Disease 2019 (COVID-19); a. The requirement that expenditures be incurred"due to"the public health emergency means that expenditures must be used for actions taken to respond to the public health emergency. These may include expenditures incurred to respond directly to the emergency, such as by addressing medical or public health needs, as well as expenditures incurred to respond to second-order effects of the emergency, such as by providing economic support to those suffering from employment or business interruptions due to COVID-I 9-related business closures. b. Funds may not be used to fill shortfalls in government revenue to cover expenditures that would not otherwise qualify under the statute. Although a broad range of uses is allowed, revenue replacement is not a permissible use of Fund payments. 2. were not accounted for in the budget most recently approved as of March 27, 2020 (the date of enactment of the CARES Act) for the State or government; and a. A cost meets this requirement if either(a)the cost cannot lawfully be funded using a line item, allotment, or allocation within that budget or(b)the cost is for a 2 1 P a g e 23 185 AGK, Frederick County CARES Act/FEMA PA Administration a �oGM.e� substantially different use from any expected use of funds in such a line item, allotment, or allocation. b. Note that a public function does not become a"substantially different use" merely because it is provided from a different location or through a different manner. For example, purchasing paper for a teleworker who would normally use paper when working at the office. 3. were incurred during the period that begins on March 1, 2020, and ends on December 30, 2020. a. A cost is "incurred"when the responsible unit of government has expended funds to cover the cost, i.e. must be actually paid by December 30, 2020. FEMA Public Assistance—15%Federal Cost Share—reimbursement basis Eligible emergency protective measures taken to respond to the COVID-19 emergency at the direction or guidance of public health officials may be reimbursed under Category B of FEMA's Public Assistance program. For the current COVID-19 disaster declaration, the only potentially reimbursable costs are Category B- Emergency Protective Measures that do not qualify under another state or federal grant program. 1. Eligible Assistance a. Management, control and reduction of immediate threats to public health and safety; b. Emergency medical care; c. Medical sheltering; d. Household pet sheltering and containment actions; e. Purchase and distribution of food, water, ice, medicine, and other consumable supplies, to include PPE and hazardous material suits; f. Movement of supplies and persons; g. Security and law enforcement; h. Communications of general health and safety information to the public; i. Search and rescue to locate and recover members of the population requiring assistance; and j. Reimbursement for force account overtime costs. 2. Timeframe a. Work must be performed between January 20, 2020 and ongoing (end date TBD). 3 1 P a g e 24 186 AGK,�oGM.e Frederick County CARES Act/FEMA PA Administration a Budget Categories: Force Account Labor—Straight and Overtime hours (including benefits) for any county employee engaged in COVID related tasks or work activities. These activities or tasks must be properly documented and significantly different than their normal duties. (As outlined in their current job description) Citizen Support(non-profit) Sub-Grants —under review Economic Development Sub-Grants —under review Materials and Supplies—Material and general operating supplies. The purpose of the expenditure must be specific to the COVID incident. Personnel Protective Equipment(PPE)—Supplies of PPE used to protect county and school division employees from the transmission of the COVID virus. Only these categories of PPE are eligible: • Surgical masks • N95 masks • Face shields • Eye protection • Disposable latex/vinyl gloves • Disposable gowns • Disposable shoe coverings • Hand sanitizing/disinfectant lotions • Sanitizing/disinfectant wipes, chemicals, or sprays Facility Improvements—Improvements or enhancements made to an office area, building, or infrastructure equipment that provides an additional level of protection from the spread of the COVID virus. Contracts—Professional services by outside contractors. Scope of work must be COVID related. Fund Administration—Hours (non-Force Account Labor hours), supplies/materials, and equipment necessary to administrator and manage the application of the CARES Act. Other—Any expense, that can be determined a COVID related eligible expense, and does not fit into one of the above categories, may be considered an "Other" expense. 4 1 P a g e 25 187 Highlighted dates are subject to change awaiting further direction due to recently updatde guidance from the US Treasury. CERTIFICATION FOR RECEIPT OF CORONAVIRUS RELIEF FUND PAYMENTS By The Town of We the undersigned represent the Town of (the Town), and we acknowledge that: 1. we have the authority to request direct payment on behalf of the Town from the County of Frederick(the County) of revenues from the Coronavirus Relief Fund (CRF) pursuant to section 601 of the Social Security Act, as added by section 5001 of the Coronavirus Aid, Relief, and Economic Security Act, Pub. L.No. 116-136, div. A, Title V (Mar. 27, 2020). 2. we understand that the County will rely on this certification as a material representation in making a direct payment to the Town. 3. the Town's proposed uses of the funds received as direct payment from the County pursuant to section 601 of the Social Security Act will be used only to cover those costs that: a. are necessary expenditures incurred due to the public health emergency with respect to the Coronavirus Disease 2019 (COVID-19); b. were not accounted for in the budget most recently approved as of March 27, 2020, for the Town; and c. were incurred during the period that begins on March 1, 2020 and ends on December 30, 2020. 4. any funds that are not expended or that will not be expended on necessary expenditures on or before December 30, 2020, by the Town or its grantee(s), must be returned to County no later than January 8, 2021, so that the County may return the unexpended funds to the Commonwealth of Virginia by January 29, 2021, and we understand that the Commonwealth of Virginia is entitled to invoke state aid intercept to recover any such unexpended funds that have not been returned to the Commonwealth within 30 days of December 30, 2020. 5. we understand that the Town will not receive continued funding beyond December 30, 2020, from any source to continue paying expenses or providing services that were initiated or previously supported from CRF funds prior to December 30, 2020. 6. funds received as a direct payment from the County pursuant to this certification must adhere to official federal guidance issued or to be issued regarding what constitutes a necessary expenditure.' 7. any CRF funds expended by the Town or its grantee(s) in any manner that does not adhere to official federal guidance shall be returned to the County within 15 days so that the County may return these funds within 30 days of finding that a expenditure is disallowed, and that the Commonwealth of Virginia is entitled to invoke state aid intercept to recover any and all such funds that are not repaid within 30 days of a finding that the expenditure is disallowed. i Official Guidance for the use of funds may be found at:htlps://home.treasurygov/system/files/136/Coronavirus-Relief-Fund- Guidance-for-State-Territorial-Local-and-Tribal-Governments.pdf. Frequently asked questions may be found at:https://home.treasurygov/ ystem/files/136/Coronavirus-Relief-Fund-Frequently-Asked- Questions.pdf. 26 188 8. as a condition of receiving the CRF funds pursuant to this certification, the Town shall submit documentation to request reimbursement for use of the funds, including but not limited to payroll time records, invoices, and/or sales receipts accompanied by clear justification relating the purchase to the COVID-19 public health emergency and proof of payment. Such documentation shall be provided to the County by close of business on January 8, 2021. 9. the Town must maintain proper accounting records to segregate these expenditures from those supported by other funding sources and that all such records will be subject to audit. 10. any funds provided pursuant to this certification cannot be used as a revenue replacement for lower than expected revenue collections from taxes, fees, or any other revenue source. 11. any CRF funds received pursuant to this certification will not be used for expenditures for which the Town has received funds from any other emergency COVID-19 supplemental funding (whether state, federal, or private in nature) for that same expense nor may CRF funds be used for purposes of matching other federal funds unless specifically authorized by federal statute,regulation, or guideline. 12. we understand that the Town will receive an equitable share of CRF funds received by the County from the Commonwealth of Virginia. Such grant shall be used by the Town solely for necessary expenditures incurred due to the public health emergency with respect to the Coronavirus Disease 2019 (COVID-19), as prescribed in this certification. We acknowledge that the County is responsible for ensuring the Town's compliance with the documentation requirements of this certification, and for ensuring that the Town's use of the CRF funds meets the requirements set forth in this certification. Accordingly, we certify that the Town will comply, in a timely fashion, with all requests made by the County for the purpose of ensuring compliance with the requirements of this certification and Section 601 of the Social Security Act. We certify that we have read the above certification and our statements contained herein are true and correct to the best of our knowledge. By: By: By: Signature: Signature: Signature: Title: Title: Title: Town Manager Finance Director/Treasurer Mayor Date: Date: Date: 27 189 PUBLIC HEARING ANNOUNCEMENT Amendment to the 2020-2021 Fiscal Year Budget Pursuant to Section 15.2-2507 of the Code of Virginia, 1950 as amended, the Board of Supervisors will Hold a Public Hearing to Amend the Fiscal Year 2020-2021 Budget to Reflect a CARES Act Fund Supplemental Appropriation in the Amount of$7,792,215. This amount represents Coronavirus Aid, Relief and Economic (CARES) Act Coronavirus Relief Funds (CRF) allocated by the Commonwealth of Virginia to assist with the direct impact of the COVID-19 pandemic. RESOLUTION FISCAL YEAR 2020-2021 BUDGET AMENDMENT WHEREAS,the U.S. Congress passed and the President recently signed the Coronavirus Air, Relief, and Economic Security (CARES)Act of 2020; and WHEREAS, localities were allocated funding from the CARES Act through multiple sources, but primarily from the Coronavirus Relief Fund (CRF) allocations which the Commonwealth of Virginia allocated to localities based on population; and WHEREAS, CRF funds may be used for qualifying expenses to cover costs that 1)are necessary expenditures incurred due to the public health emergency with respect to the Coronavirus Disease 2019 (COVID-19); 2)were not accounted for in the budget most recently approved as of March 27, 2020 (the date of enactment of the CARES Act)for the State or local government; and 3)were incurred during the period that begins March 1, 2020, and ends on December 30, 2020. WHEREAS,the County is required to provide an equitable share of the CRF funds are granted to each incorporated town within its jurisdiction (Middletown and Stephens City); and WHEREAS, agreements will be made with the two aforementioned Towns per requirements of the Commonwealth of Virginia; and WHEREAS, Pursuant to Title 15.2, Chapter 25, Section 15.2-2507 of the Code of Virginia, 1950 as amended,the appropriate advertisements and public hearings have been conducted; NOW,THEREFORE, BE IT RESOLVED, by the Board of Supervisors that the FY 2020-2021 Budget be Amended to Reflect: CARES Act Fund Supplemental Appropriation in the Amount of$7,792,215. This amount represents Coronavirus Aid, Relief and Economic (CARES) Act Coronavirus Relief Funds (CRF) allocated by the Commonwealth of Virginia to assist with the direct impact of the COVID-19 pandemic. BE IT FURTHER RESOLVED, estimates of revenues and appropriations are approved at the fund level, and appropriations designated for this special revenue fund will not lapse at the end of the fiscal year, but shall remain appropriated until the completion of the project or until the Board of Supervisors, by appropriate resolution, changes or eliminates the appropriation. 28 190 BE IT FURTHER RESOLVED,CARES Act Fund appropriation shall include funds transferred to other funds for classification purposes. Upon a motion made by and a seconded by the above budget amendment and supplemental appropriation was by the following recorded vote: 29 191 Page 1 of 3 BUDGET TRANSFERS JUNE 2020 DATE DEPARTMENT/GENERAL FUND REASON FOR TRANSFER FROM TO ACCT CODE AMOUNT 6/1/2020 VICTIM WITNESS PROGRAM Board Action 5/27/20 COPIER 2202 8007 000 000 7,894.00 VICTIM WITNESS PROGRAM 2202 2005 000 000 (7,894.00) 6/9/2020 SHERIFF COVER DEFICITS 3102 1001 000 003 (37,000.00) SHERIFF 3102 1001 000 015 (3,000.00) SHERIFF 3102 1001 000 031 (11,000.00) SHERIFF 3102 1001 000 032 (9,000.00) SHERIFF 3102 1001 0001 038 (1,500.00) SHERIFF 3102 1001 000 050 (15,000.00) SHERIFF 3102 1001 000 064 (14,000.00) SHERIFF 3102 1001 000 066 (4,000.00) SHERIFF 3102 1001 000 073 (6,000.00) SHERIFF 3102 1002 000 001 (1,000.00) SHERIFF 3102 1002 000 003 (1,500.00) SHERIFF 3102 1002 0001 012 (14,000.00) SHERIFF 3102 1002 000 013 (5,000.00) SHERIFF 31021002 000 022 (20,000.00) SHERIFF 3102 1002 000 034 (2,000.00) SHERIFF 3102 1002 000 047 (200.00) SHERIFF 3102 1002 000 051 200.00 SHERIFF 3102 1002 000 055 (23,000.00) SHERIFF 3102 1002 0001 077 (10,000.00) SHERIFF 3102 1002 000 080 650.00 SHERIFF 3102 1002 000 082 (650.00) SHERIFF 31021002 000 089 (1,000.00) SHERIFF 3102 1002 000 090 (1,500.00) SHERIFF 3102 1002 000 091 (1,500.00) SHERIFF 3102 1002 000 092 (1,500.00) SHERIFF 3102 1002 0001 093 (8,500.00) SHERIFF 3102 1002 000 094 (12,000.00) SHERIFF 3102 1002 000 095 (1,500.00) SHERIFF 3102 1002 000 096 (1,500.00) SHERIFF 31021002 000 097 (7,500.00) SHERIFF 3102 1003 000 000 33,000.00 SHERIFF 31021005 000 000 262,500.00 SHERIFF 3102 1007 0001 000 (82,000.00) SHERIFF 3102 1005 000 000 25,700.00 SHERIFF 3102 3001 000 000 1,100.00 SHERIFF 3102 3002 000 000 7,000.00 SHERIFF 3102 3004 000 001 (6,100.00) SHERIFF 3102 3004 000 002 24,000.00 SHERIFF 3102 3005 000 000 77,300.00 SHERIFF 3102 4003 0001 002 (31,000.00) SHERIFF 3102 5302 000 3,500.00 SHERIFF 3102 5305 000 000 3,000.00 SHERIFF 3102 5401 000 000 (30,000.00) SHERIFF 3102 5402 000 001 (4,000.00) SHERIFF 3102 5408 000 000 (15,000.00) SHERIFF 3102 5409 000 000 (30,000.00) SHERIFF 3102 5409 0001 006 (500.00) SHERIFF 3102 5411 000 000 500.00 SHERIFF 3102 5413 000 000 2,500.00 SHERIFF 3102 5506 000 000 (10,000.00) SHERIFF 3102 8005 000 000 (18,000.00) 6/10/2020 JUVENILE COURT PROBATION BOARD ACTION 6/10/20 TAC VAN 3303 8005 000 000 37,000.00 JUVENILE COURT PROBATION 3303 1001 000 001 (5,700.00) JUVENILE COURT PROBATION 3303 1001 0001 002 (3,600.00) JUVENILE COURT PROBATION 3303 2005 000 000 (10,000.00) JUVENILE COURT PROBATION 3303 3002 000 004 (17,700.00) 6/11/2020 REFUSE COLLECTION PURCHASE COLLECTION BIN FOR NEW ALBIN SITE 4203 8900 000 000 (2,100.00) REFUSE COLLECTION 4203 5413 000 000 2,100.00 6/11/2020 COUNTY OFFICE BUILDINGS/COURTHOUSE REBUILD FAN MOTOR IN WEST COOLING TOWER CAB 4304 3010 000 000 (1,367.65) COUNTY OFFICE BUILDINGS/COURTHOUSE 4304 3004 000 001 1,367.65 6/11/2020 REFUSE COLLECTION SIGNS FOR ALBIN SITE 4203189001 000 000 (2,600.00) REFUSE COLLECTION 4203 3004 000 003 2,600.00 6/11/2020 CLEARBROOK PARK TO COVER ADDITIONAL SUPPLIES NEEDED 7109 5403 000 000 (4,500.00) CLEARBROOK PARK 7109 5408 000 000 4,500.00 6/11/2020 CLEARBROOK PARK TO COVER COVID-19 SUPPLIES 7109 5403 000 000 (1,560.00) CLEARBROOK PARK 7109 5413 000 000 1,560.00 6/12/2020 COMMISSIONER OF THE REVENUE ADDITIONAL OFFICE SUPPLIES 1209 5204 000 000 (2,000.00) COMMISSIONER OF THE REVENUE 1 1209 5401 0001 0001 2,000.00 6/12/2020 1 INFORMATION TECHNOLOGY TO COVER DISYS INVOICE 1 1220 30021 0001 000 (5,000.00) 30 192 Page 2 of 3 BUDGET TRANSFERS JUNE 2020 DATE DEPARTMENT/GENERAL FUND REASON FOR TRANSFER FROM TO ACCT CODE AMOUNT INFORMATION TECHNOLOGY 1220 5413 000 003 5,000.00 INFORMATION TECHNOLOGY 1220 5401 000 002 (1,778.13) INFORMATION TECHNOLOGY 1220 5413 000 003 1,778.13 6/15/2020 COMMONWEALTH'S ATTORNEY TO FUND TRAVEL 2201 5506 000 006 (800.00) COMMONWEALTH'S ATTORNEY 2201 5506 000 000 800.00 6/16/2020 BOARD OF SUPERVISORS TO COVER DEFICIT IN DUES 1101 5506 000 000 (24.00) BOARD OF SUPERVISORS 1101158011 000 0001 24.00 6/16/2020 BOARD OF SUPERVISORS TO COVER DEFICIT IN PROFESSIONAL SERVICES 1101 3004 000 001 (500.00) BOARD OF SUPERVISORS 1101 3006 000 000 (950.00) COUNTY ADMINISTRATOR 1201 3002 000 000 (750.00) COUNTY ADMINISTRATOR 1201 5801 000 000 (1,000.00) COUNTY ADMINISTRATOR 1201 5401 000 000 (444.00) OTHER 1224 3002 000 000 750.00 OTHER 1224130021 000 0001 500.00 OTHER 1224 3002 000 000 950.00 OTHER 1224 3002 000 000 1,000.00 OTHER 1224 3002 000 000 444.00 6/16/2020 PARKS AND RECREATION ADMINISTRATION TO COVER MAY PURCHASES 7101 5413 000 000 (100.00) PARKS AND RECREATION ADMINISTRATION 7101 5415 000 000 100.00 PARKS AND RECREATION ADMINISTRATION 7101 5413 000 000 (600.00) PARKS AND RECREATION ADMINISTRATION 7101190011 000 0001 600.00 CLEARBROOK PARK 7109 5403 000 000 (960.00) CLEARBROOK PARK 7109 5103 000 000 960.00 CLEARBROOK PARK 7109 5403 000 000 (400.00) CLEARBROOK PARK 7109 5405 000 000 400.00 SHERANDO PARK 7110 5403 000 000 (10.00) SHERANDO PARK 7110 3004 0001 001 10.00 SHERANDO PARK 7110 5403 000 000 (1,078.00) SHERANDO PARK 7110 5103 000 000 1,078.00 6/18/2020 FIRE AND RESCUE COVER ADDITIONAL COST 3505 5413 000 000 (10,000.00) FIRE AND RESCUE 3505 5407 000 000 10,000.00 6/18/2020 INFORMATION TECHNOLOGY TO PAY INVOICE TO SHI 1220 5299 000 000 (5,346.00) INFORMATION TECHNOLOGY 1220 3002 000 000 5,346.00 6/18/2020 ANIMAL SHELTER TO SUPPLEMENT LINE ITEM FOR REMAINDER OF FY20 4305 3002 000 000 (1,000.00) ANIMAL SHELTER 4305 3001 0001 0001 1,000.00 6/18/2020 REFUSE COLLECTION TRUCK BED REPLACEMENT 4203 5103 000 000 (6,000.00) REFUSE COLLECTION 4203 3004 000 002 6,000.00 6/23/2020 SHERIFF COVER DEFICIT 3102 5506 000 000 (3,900.00) SHERIFF 3102 3004 000 001 3,900.00 6/23/2020 AGRICULTURE FUNDS NEEDED FOR PROGRAM 8301 5204 000 000 (1,100.00) AGRICULTURE 8301 5401 000 000 1,100.00 AGRICULTURE 8301 5506 000 000 (203.00) AGRICULTURE 8301 5401 000 000 203.00 6/23/2020 ANIMAL SHELTER SUPPLEMENT LINE ITEM FOR THE REMAINDER OF FY20 4305 5413 000 000 (2,000.00) ANIMAL SHELTER 4305 3004 000 000 2,000.00 6/23/2020 PARKS AND RECREATION ADMINISTRATION TO COVER ADDITIONAL SUPPLIES NEEDED 7101 5413 000 000 (45.00) PARKS AND RECREATION ADMINISTRATION 7101190011 000 000 45.00 CLEARBROOK PARK 7109 5403 000 000 (256.00) CLEARBROOK PARK 7109 5407 000 0001 256.00 6/24/2020 SHERIFF PAYROLL PROMOTIONS 6/20 3102 1001 000 012 123.00 SHERIFF 3102 1001 000 057 116.00 SHERIFF 3102 1001 000 075 112.00 SHERIFF 3102 1002 000 024 112.00 SHERIFF 3102 1002 000 033 117.00 SHERIFF 3102 1002 000 037 122.00 SHERIFF 3102 10021 000 0681 110.00 SHERIFF 3102 1002 000 078 119.00 SHERIFF 3102 1007 000 001 (116.00) SHERIFF 3102 1007 000 001 (112.00) SHERIFF 3102 1007 000 001 (112.00) SHERIFF 3102 1007 000 001 (119.00) SHERIFF 3102 1007 000 001 (110.00) SHERIFF 3102 1007 000 001 (122.00) SHERIFF 3102 1007 000 001 (123.00) SHERIFF 3102 1007 000 001 (117.00) INSPECTIONS 3401 1001 000 056 9,800.00 INSPECTIONS 3401 1003 000 000 (9,800.00) MAINTENANCE ADMINISTRATION 4301 1001 000 021 2,990.00 MAINTENANCE ADMINISTRATION 4301 1003 000 000 (2,990.00) 6/25/2020 ITREASURER DMV STOPS 1213 30021 0001 000 (15,000.00) TREASURER 1213130021 0001 0021 15,000.00 31 193 Page 3 of 3 BUDGET TRANSFERS JUNE 2020 DATE DEPARTMENT/GENERAL FUND REASON FOR TRANSFER FROM TO ACCT CODE AMOUNT 6/25/2020 REFUSE COLLECTION FUND ENTRANCE SIGN AT ALBIN 4203 3006 000 000 400.00 REFUSE COLLECTION 4203 8900 000 000 (400.00) 6/25/2020 REASSESSMENT/BOARD OF SUPERVISORS IT REFRESH 1210 5204 000 000 (1,200.00) REASSESSMENT/BOARD OF SUPERVISORS 1210 5401 000 000 1,200.00 6/25/2020 REFUSE COLLECTION PAY FOR SOFTWARE REFRESH 4203 5401 000 000 200.00 REFUSE COLLECTION 4203 5405 000 000 (200.00) 6/26/2020 REFUSE COLLECTION FUEL SYSTEM REPAIRS TO 2006 SUPER DUTY 4203 3004 000 002 1,000.00 REFUSE COLLECTION 4203 5407 000 000 (1,000.00) 6/26/2020 VICTIM WITNESS PROGRAM MEMBERSHIP DUES PAID OUT 2202 5401 000 000 350.00 VICTIM WITNESS PROGRAM 2202 5801 000 000 (350.00) 6/26/2020 VICTIM WITNESS PROGRAM TO COVER POSTAGE/TELEPHONE 2202 5204 000 000 450.00 VICTIM WITNESS PROGRAM 2202 5506 000 000 (450.00) 6/29/2020 FIRE AND RESCUE 1711 DELL LEASE YEAR 3 1 3505190011 0001 0001 11,877.87 INFORMATION TECHNOLOGY 1 1220190011 0001 000 (11,877.87) 6/29/2020 BOARD OF SUPERVISORS PC REFRESH FY20 1101 5401 000 000 640.61 COUNTY ADMINISTRATOR 1201 5401 000 000 1,445.13 COUNTY ATTORNEY 1202 5401 000 000 640.61 REASSESSMENT/BOARD OF ASSESSORS 1210 5401 000 000 1,281.22 TREASURER 1213 5401 000 000 3,203.05 FINANCE DEPARTMENT 1214 5401 000 000 640.61 INFORMATION TECHNOLOGY 1220 5401 000 004 (67,727.14) COMMONWEALTH'S ATTORNEY 2201 5401 000 000 2,085.74 SHERIFF 3102 5401 000 000 5,452.70 INSPECTIONS 3401 5401 000 000 8,834.69 FIRE AND RESCUE 35055401 000 000 14,093.42 PUBLIC SAFETY COMMUNICATIONS 3506 5401 000 000 1,921.83 GENERAL ENGINEERING/ADMINISTRATION 4201 5401 000 000 1,609.04 REFUSE COLLECTION 4203 5401 000 000 640.61 MAINTENANCE ADMINISTRATION 4301 5401 000 000 640.61 MAINTENANCE ADMINISTRATION 4301 5401 000 005 640.61 ANIMAL SHELTER 4305 5401 000 000 804.52 PARKS AND RECREATION ADMINISTRATION 7101 5401 000 000 22,511.53 PLANNING 8101 5401 000 000 640.61 7/1/2020 PUBLIC SAFETY COMMUNICATIONS COVER COST OF SOFTWARE YEARLY CHARGE 3506 3005 000 000 1,472.00 PUBLIC SAFETY COMMUNICATIONS 3506154071 0001 000 (1,472.00) 32 194 'r ` r Board of Supervisors Agenda Item Detail . Meeting Date: August 12, 2020 ��GrN Agenda Section: County Officials Title: Twelve Month Outdoor Festival Permit Request of Canaan Springs LLC and Abigail Linaburg. Attachments: BOS08-12-20CanaanSpringsLLCTwelveMonthOutdoorFestivalPermitApplication.pdf 195 l APPLICATION FOR OUTDOOR FESTIVAL PERMIT COUNTY OF FREDERICK,VIRGINIA (Please Print Clean APPUCANT INFORMAVON Name of Applicant: ._ C-cLo clan Sari_ ()Qg LL C A hi as i I L1 rj bf j r; Telephone Number(s): ❑home office J5 cell ❑home ❑office ❑cell Address: lly7 N PAr -80ad Star Tannr-ru VA 24654 Contact Email: r3►,{D6 sl tA GA.AQQ 0 gpri np C o w► . V FESMAt EVIEW ORGANIZ477ONAL INFORMATION Fess Event Name of Festival: Wtdcli, Cost of Admission to Festival: nr7= _ Business License Obtained: ❑ res 0 No start End Maximum No. Estimated No. Date(s) Time 77me of Tickets Offered of Attendees For Sale Per Day Per. Z 12. m 10 : 30 f» 1 Z4 Z — zo 12 PM 10: 30 Rn ISO 10 - 3 ~- Z 1 rn n• 15(? Loudon Address: R a r Tn n er Owner Name(s): Ka r I_h_4r o S p 1-i Q,S LL G. „ of Property Address: 580 CCdC2r Cir- r tirade lA)Lna&&h-v VA7-7-�1„ 0 7- (*Norc Applicant may be.required to provide a statement or other documentation indicating consent by the ownerls)for use of the property and related parking for the festival.) Promoter Name(s): C O-A a carrl a r Address: t17 N PiRr.r Rom Sj-ar ?anpr , -VA 726.E (*No7E: For festivals other than not-for-profit,promoter may need to check with the Frederick County Commissioner of Revenue to determine compliance with County business license requirements;in addition,promoters who have repeat or ongoing business in Virginia may be required to register with the VA State Corporation Commission for legal authority to conduct business in Virginia.). Financial Name(s): Caa an n. a j m,S LLC _ Backer Address: 1147 N P Er a g orrvA ?r 1.611 Performer Name of Person(s)or Group(s); 7F3--=i—= baei ld e d;i tie AA Loy ION=:Applicant may need to update information as performers are looked for festival event,) 196 FESiUVAL EVOff LOWSW IAWORMA"ON AND DOCUM€WATION I. Attach a copy of the printed ticket or badge of admission to the festival,containing the date(s)and time(s)of such festival(m"be marked as"sample'). ❑ copy attached OR 0 copy to be provided as soon as available nja. invi�o hog onty 1a into+imd ouc b 2. Provide a plan for adequate sanitatidn facilities as well as garbage,trash,and sewage disposal for persons at the festil. This plan must meet the requirements of all state and local statutes,ordinances,and regulations,and must be approved by the VA Department of Health(Lord Fairfax Health District). coyrrr d kr2 o h rang LiM 3. Provide a plan for providing food,water,and lodging for the persons at the festival. This plan must meet the requirements of all state and local statutes,ordinances,and regulations,and must be approved by the VA Department of Health(Lord Fairfax Health District). 4. Provide a plan for adequate medical facilities for persons at the festival. This plan must meet the requirements of all state and kcal statutes,ordinances,and regulations,and must be approved by the County Fire Chief or Fire Marshal and the local fire and rescue company. At Q t S. Provide a plan for adequate fire protection. This plan must meet the requirements of all state and local statutes, ordinances,and regulations,and must be approved by the County Fire Chief or fire Marshal and the local fire and rescue company. Tann e rV VelLltitLf"J`r-r Firr- e u-e 6. Provide a pian for adequate parking facilities and traffic control in and around the festival area. (A diagram may be submitted.) 11 7. State whether any outdoor lights or lighting will be utilized: o YES )&NO if yes,provide a pian or submit a diagram showing the locatran of such lights and the proximity relative to the property i boundaries and neighboring properties. in addition,show the location of shielding devices or other equipment to be used to prevent unreasonable Stow beyond the property on which the festival Is located. I i 1 8. State whether alcoholic beverages will be served: o YES p,NO If yes,provide details on how it will be controlled. Mo mem6fftr Or 0_&Sociel-�T! op G cul ac Spo. L-LC i&III u Z �`- sta lNOT6; Evidence of any applicable VA ABC permit must als be provided and posted at the festival as required. Applicant may need to confirm with the VA ABC that a license is not requited from that agency in order for festival attendees to bring their own alcoholic beverages to any event that is open to the general public upon payment of the applicable admission fee.) I 197. FESi►'VAL PROV SONS Applicant makes the following statements: A. Music shall not be rendered nor entertainment provided for more than eight(8)hours in any twenty-four(24)hour period,such twenty-four(24)hour period to be measured from the beginning of the first performance at the festival. I B. Music shall not be played,either by mechanical device or live performance,in such a manner that the sound emanating therefrom exceeds 73 decibels at the property on which the festival is located. C. No person under the age of eighteen(18)years of age shall be admitted to any festival unless accompanied by a parent or guardian,the parent or guardian to remain with such person at all times. (NOTE: It may be necessary to post signs to this effect.) D. The Board,its lawful agents,and/or duly constituted law enforcement officers shall have permission to go upon the property where the festival is being held at any time for the purpose of determining compliance with the provisions of the County ordinance. CEIMRCA77ON 1,the undersigned Applicant,hereby certify that all information,statements,and documents provided In connection with this Application are true and correct to the best of my knowledge. In addition,Applicant agrees that the festival event and Its attendees shall comply with the provisions of the Frederick County ordinance pertaining to festivals as well as the festival provisions contained herein. OsisOalureo App is nt ChNAAIU SPR,xN&4 i LC I �.tr�hurr� Printed Name of Applicant Date: —2 i�s3 Z('� THE BOARD SHALL HAVE THE RIGHT TO REVOKE ANY PERMIT ISSUED UNDER THIS ORDINANCE UPON NON-COMPLIANCE WITH ANY OF ITS PROVISIONS AND CONDITIONS. i 198 ��.+. ..y�� � 'tY'w +� rye ,yv�,f 4 t,.' � - p . a� 4 f• W46 A mot o ' ,.a.: . 00 t,0 ••' t ,y i y _ �... :��.� ri �+-• ��;i,�{� � � 5 6.34 ��. - ,pt � fi 199 'r ` r Board of Supervisors Agenda Item Detail . Meeting Date: August 12, 2020 ��GrN Agenda Section: County Officials Title: Amendment to the 2020-2021 Fiscal Year Budget Pursuant to Section 15.2-2507 of the Code of Virginia, 1950 as amended, the Board of Supervisors will Hold a Public Hearing to Amend the Fiscal Year 2020-2021 Budget to Reflect a CARES Act Fund Supplemental Appropriation in the Amount of$7,792,215. This amount represents Coronavirus Aid, Relief and Economic (CARES)Act Coronavirus Relief Funds (CRF) allocated by the Commonwealth of Virginia to assist with the direct impact of the COVID-19 pandemic. Attachments: BOS08-12-20FY20-21 BudgetAmendment(CARESAct).pdf 200 BOARD OF SUPERVISORS RESOLUTION FISCAL YEAR 2020-2021 BUDGET AMENDMENT WHEREAS, the U.S. Congress passed, and the President recently signed the Coronavirus Air, Relief, and Economic Security(CARES)Act of 2020; and WHEREAS, localities were allocated funding from the CARES Act through multiple sources, but primarily from the Coronavirus Relief Fund (CRF) allocations which the Commonwealth of Virginia allocated to localities based on population; and WHEREAS, CRF funds may be used for qualifying expenses to cover costs that 1) are necessary expenditures incurred due to the public health emergency with respect to the Coronavirus Disease 2019 (COVID-19); 2)were not accounted for in the budget most recently approved as of March 27, 2020 (the date of enactment of the CARES Act) for the State or local government; and 3) were incurred during the period that begins March 1, 2020, and ends on December 30, 2020; and WHEREAS, the County is required to provide an equitable share of the CRF funds to each incorporated town within its jurisdiction (Middletown and Stephens City); and WHEREAS, agreements will be made with the two aforementioned Towns per requirements of the Commonwealth of Virginia; and WHEREAS, Pursuant to Title 15.2, Chapter 25, Section 15.2-2507 of the Code of Virginia, 1950 as amended,the appropriate advertisements and public hearings have been conducted. NOW,THEREFORE, BE IT RESOLVED, by the Board of Supervisors that the FY 2020-2021 Budget be Amended to Reflect: CARES Act Fund Supplemental Appropriation in the Amount of $7,792.215. This amount represents Coronavirus Aid, Relief and Economic (CARES) Act Coronavirus Relief Funds (CRF) allocated by the Commonwealth of Virginia to assist with the direct impact of the COVID-19 pandemic. BE IT FURTHER RESOLVED, estimates of revenues and appropriations are approved at the fund level, and appropriations designated for this special revenue fund will not lapse at the end of 201 Resolution-Fiscal Year 2020-2021 Budget Amendment Board of Supervisors Meeting—August 12,2020 Page 2 the fiscal year, but shall remain appropriated until the completion of the project or until the Board of Supervisors, by appropriate resolution, changes or eliminates the appropriation. BE IT FURTHER RESOLVED, CARES Act Fund appropriation shall include funds transferred to other funds for classification purposes. Upon motion made by and seconded by the above budget amendment and supplemental appropriation was at the Frederick County Board of Supervisors regular meeting and public hearing held on August 12, 2020, by the following recorded vote: Charles S. DeHaven,Jr. Blaine P. Dunn Robert W. Wells Gene E. Fisher J. Douglas McCarthy Shawn L. Graber Judy McCann-Slaughter A COPY ATTEST: Kris C. Tierney Clerk, Board of Supervisors County of Frederick, Virginia 202 HNfV+ICE CCNIMITTEE REPORT to the BOARD OF SUPERVISORS Wednesday,July 15,2020 8:00 a.m. 107 NORTH KENT STREET,WINCHESTER,VIRGINIA A Finance Committee meeting was held in the Board of Supervisors Room at 107 North Kent Street on Wednesday,July 15,2020 at 8:00 a.m. ATTENDEES: Committee Members Present: Judith McCann-Slaughter,Chairman;Charles DeHaven; Robert Wells;Jeffrey Boppe;and non-voting liaisons William Orndoff,Treasurer and Seth Thatcher,Commissioner of the Revenue. Committee Member Absent: Angela Rudolph-Wiseman. Staff-present: Cheryl Shiffler, Finance Director;Sharon Kibler,Assistant Finance Director; Kris Tierney,County Administrator;Jay Tibbs,Deputy County Administrator;Rod Williams, County Attorney;Joe Wilder,Public Works Director;Chester Lauck, Deputy Emergency Management Coordinator;Lenny Millholland,Sheriff;and Richard Venskoske,Voter Registrar. ITEMS REQUIRING ACTION BY BOARD OF SUPERVISORS: ( ) Items 1,2 and 7 were approved under consent agenda. 1. ( " )The Sheriff requests a General Fund supplemental appropriation in the amount of X50. This amount represents a donation to the Honor Guard. No local funds required. See attached memo,p.4. 2. The Sheriff requests a General_Fund sus"elemental a,";"rouriation in the amount of "12.512.31. This amount represents an auto claim reimbursement. No local funds required. See attached memo,p.5—6. 3. The Sheriff requests a General Fund supplemental aj)pro_priation in the amount of$16,050. This amount represents traffic control reimbursements. No local funds required. See attached memo,p.7—8. The committee recommends approval. 4. The Sheriff requests a General Fund supplemental appropriation in the amount of;13.756.06 (1-2.014.16 Dencling receipt of funds). This amount represents reimbursements from the IRS for overtime and travel. No local funds required. See attached information,p.9. The committee recommends approval. 1 203 5. The Director of Elections requests a General Fund supplemental ap ro riation in the amount of $74,301. This amount represents CARES Act funding from the Department of Elections for expenses related to COVID-19 for the November 2020 federal elections only. In addition,a consensus to submit the certification to receive the funds is requested. The certification is due July 31,2020. No local funds required. See attached information,p. 10—13. The committee recommends approval. 6. The Director of Elections requests a General Fund sw_elemental appropriation in the amount of $94,577. This amount represents funds necessary to meet the anticipated increase of voters exercising No Excuse Early Voting for the November 2020 Election. Local funds are required. See attached memo, p. 14—15. A portion of these expenses may be eligible for CARES Act funds,but until more guidance is issued that amount is undetermined at this time. The committee recommends approval. 7. (" )The Public Works Director requests a General Fund supplemental aoraropriation in the amount of:1,650. This amount represents a grant awarded from The Department of Housing and Community Development to support virtual training for required certifications. No local funds required. See attached information, p. 16—19. ITEMS NOT REQUIRING ACTION BY BOARD OF SUPERVISORS: 1. A public hearing advertisement and subsequent CARES Act Fund supplemental appropriation in the amount of 57,792,215 is requested. This amount represents Coronavirus Relief Funds(CRF) allocated from the State's receipt of Coronavirus Aid,Relief,and Economic Security;'CAR ES)Act of 2020 to aid localities with the direct impact of the COVID-19 pandemic. No local funds required,and unspent funds must be returned. See attached information,p.20—29. The committee recommends approval to advertise the public hearing. INFORMATION ONLY: 1. The Finance Director provides a Fund 10 Transfer Report for June 2020. See attached, p.30—32. 2. Fund balance information will be provided after the County closes FY20. 2 204 Respectfully submitted, FINANCE COMMITTEE Judith McCann-Slaughter,Chairman Charles DeHaven Robert Wells Jeffrey Boppe By Cheryl-'8. Shale r Cheryl B.Shiffler, Finance Director 3 205 a COUNTY of FREDERICK a Finance Department s Cheryl B. Shiffler Director 540/665-5610 Fax: 540/667-0370 E-mail: cshiffle@fcva.us TO: Finance Committee and Board of Supervisors FROM: Sharon Kibler,Finance DATE: 7/8/2020 SUBJECT: CARES CRF supplemental appropriation request The Coronavirus Aid,Relief,and Economic Security(CARES)Act of 2020 aids local governments for the direct impact of the COVID-19 pandemic through the establishment of the Coronavirus Relief Fund(CRF). Allocations were sent to localities from the State based on population,and Frederick County received $7,792,215 on June 2,2020. The population data used by the State to determine CRF allocations to localities included the residents that live in the towns located within the County. Consequently,the County"must ensure that an equitable share of the CRF funds it receives is shared with and granted to each town within its jurisdiction."' Using the same population methodology that was applied to the County for receipt of CRF,Middletown is eligible to receive$120,574.17 and Stephens City$178,069.38. The funds granted to the towns must be spent in accordance with the official federal guidance issued regarding what constitutes a necessary expenditure. A draft Certification for Receipt of CRF Payments is attached and has been reviewed by the County Attorney. The certification states that eligible expenses will be reimbursed upon submission of proper expense documentation to the County. The CARES Act provides that payments from the CRF only may be used to cover costs that: 1.are necessary expenditures incurred due to the public health emergency with respect to the Coronavirus Disease 2019(COVID-19); 2.were not accounted for in the budget most recently approved as of March 27,2020(the date of enactment of the CARES Act)for the State or local governments; 3.were incurred during the period that begins on March 1,2020 and ends on December 30,2020. (A cost is incurred when the responsible unit of government has expended funds to cover the cost.);and 4.are used for the direct costs associated with the response to the COVID-19 pandemic and cannot be used to make up for revenue shortfalls. There are two rules that are hard and fast regarding the use of CARES Act money.The first rule is that"a cost is incurred when the responsible unit of government has expended funds to cover the cost."The second rule is that CARES Act funds cannot be used to make up for local revenue shortfalls.To do so could result in the loss of state dollars for your locality. Staff began having discussions and analyzing potential uses of the CRF funds as soon as notifications of the funds was made available. Official guidance on the eligible uses of the funds has been sporadic and often 107 North Kent Street o kchester,Virginia 22601 1U 206 CARES CRF supplemental appropriation request page 2 very vague. This has created difficulty in preparing a detailed budget for the use of the funds. We know that the FCPS will need funds to reopen under new guidelines(preliminary estimates are approximately$5 million above currently budgeted). CRF funds that are not expended by December 30,2020 must be returned. Due to the very short window to spend the funds,combined with the abbreviated BOS summer meeting schedule,.and many unknown, but time sensitive COVID related expenses such as the school reopening,a supplemental appropriation in the amount of$7,792,215 is requested. This item requires a public hearing. A proposed resolution is attached. Please find attached a working process strategy. This document is a flexible document and has been used only as a guide for staff. Thank you. Attachments: Draft Process strategy Draft Town certification Draft Resolution for supplemental appropriation 'Commonwealth of Virginia Secretary of Finance memo dated May 12,2020 21 207 Frederick County CARES Act/FEMA PA Administration proposal: For the administration and management of the Frederick County CARES Act allocation and FEMA PA reimbursement. • A collaborative effort involving the Finance Department(FD),Emergency Management (EM), and County Administration. • The CARES Act has a very short performance period --ends December 30, 2020. • Proper administration and management of the CARES Act funds will pose an additional burden and attention that one department or division may not be able to handle on their own. o Emergency Management has significant experience in administering and managing grants and FEMA PA applications. • Finance Department will coordinate CARES and FEMA PA in collaboration with Emergency Management. o Expense tracking, documentation and audit requirements of both programs are very similar. • Finance Department will coordinate and communicate with Frederick County Public Schools,Frederick County Economic Development Authority,Frederick County Department of Social Services, and Frederick County IT Department to develop programs and estimated costs of CARES and/or FEMA PA eligible items. • Finance Department and Emergency Management will consult with the County Attorney on eligibility of certain expenses. • All major expenses/programs will be approved by the County Administrator. • Recommendation: o FD administers and manages the CARES Act fund account in collaboration with EM and the FEMA PA. o FD and EM creates guidance and instructions for departments. o FD and EM make determination as to best funding source to use, i.e. CARES or FEMA PA. o FD receives and manages requests for use of the funds. o FD sets up the fund account and associated expenditure account codes. o FD generates the appropriate paperwork and required resolutions and supplemental appropriations for the Board of Supervisors via the Finance Committee when appropriate. o FD and EM make a determination of eligibility prior to encumbrance when appropriate. o FD manages the fund budget in collaboration with the County Administrator. Encumbers approved and eligible expenses. o FD and EM establish minimum documentation requirements for each expense category. o FD receives all required documentation from Departments via a dedicated email address. I I Page 22 208 u Frederick County CARES Act/FEMA PA Administration o FD processes invoices for payment through the normal pcard/accounts payable process. o FD maintains accounting of all invoices paid and gathers verification of payment documentation from pcard reports and/or AS400. o FD generates a monthly accounting report. o EM and FD respond to any requests for information by Administration or the Board of Supervisors. o FD serves as the main point-of-contact for all requests for information and audit activities. o Upon completion of the performance period, FD and EM generate a final report for the Board of Supervisors. Guidance: CARES Act—100%Federal Cost Share—direct aid—unspent funds must he returned While there are several factors that determine the eligibility of an expense,the first question that will begin the determination: 1. Would you have this expenditure in the current budget in the absence of the COVID-19 public health emergency? a. Yes, likely not eligible. b. No,may be eligible. The CARES Act requires that the payments from the Coronavirus Relief Fund only be used to cover expenses that— are necessary expenditures incurred due to the public health emergency with respect to the Coronavirus Disease 2019 (COVID-19); a. The requirement that expenditures be incurred"due to"the public health emergency means that expenditures must be used for actions taken to respond to the public health emergency. These may include expenditures incurred to respond directly to the emergency, such as by addressing medical or public health needs, as well as expenditures incurred to respond to second-order effects of the emergency, such as by providing economic support to those suffering from employment or business interruptions due to COVID-19-related business closures. b. Funds may not be used to fill shortfalls in government revenue to cover expenditures that would not otherwise qualify under the statute.Although a broad range of uses is allowed,revenue replacement is not a permissible use of Fund payments. 2. were not accounted for in the budget most recently approved as of March 27,2020(the date of enactment of the CARES Act)for the State or government;and a. A cost meets this requirement if either(a)the cost cannot lawfully be funded using a line item,allotment, or allocation within that budget or(b)the cost is for a 2 1 P a g e 23 209 Frederick County CARES Act/FEMA PA Administration 49 substantially different use from any expected use of funds in such a line item, allotment, or allocation. b. Note that a public function does not become a"substantially different use"merely because it is provided from a different location or through a different manner. For example,purchasing paper for a teleworker who would normally use paper when working at the office. 3. were incurred during the period that begins on March 1,2020, and ends on December 30,2020. a. A cost is"incurred"when the responsible unit of government has expended funds to cover the cost, i.e. must be actually paid by December 30, 2020. FIMA Public Assistance—15%Federal Cost Share—reimbursement basis Eligible emergency protective measures taken to respond to the COVID-19 emergency at the direction or guidance of public health officials may be reimbursed under Category B of FEMA's Public Assistance program. For the current COVID-19 disaster declaration,the only potentially reimbursable costs are Category B-Emergency Protective Measures that do not qualify under another state or federal grant program. 1. Eligible Assistance a. Management,control and reduction of immediate threats to public health and safety; b. Emergency medical care; c. Medical sheltering; d. Household pet sheltering and containment actions; e. Purchase and distribution of food, water, ice, medicine, and other consumable supplies,to include PPE and hazardous material.suits; f. Movement of supplies and persons; g. Security and law enforcement; h. Communications of general health and safety information to the public; i. Search and rescue to locate and recover members of the population requiring assistance; and j. Reimbursement for force account overtime costs. 2. Timeframe a. Work must be performed between January 20, 2020 and ongoing(end date TBD). 3 ITage 24 210 Frederick County CARES Act/FEMA PA Administration Budget Categories: Force Account Labor—Straight and Overtime hours (including benefits)for any county employee engaged in COVID related tasks or work activities. These activities or tasks must be properly documented and significantly different than their normal duties. (As outlined in their current job description) Citizen Support (non—profit. Sub-Grants—under review Economic Development Sub-Grants—under review Materials and Su 12 plies—Material and general operating supplies. The purpose of the expenditure must be specific to the COVID incident. Personnel Protective Equiument f l'PE) —Supplies of PPE used to protect county and school division employees from the transmission of the COVID virus. Only these categories of PPE are eligible: • Surgical masks • N95 masks • Face shields • Eye protection • Disposable latex/vinyl gloves • Disposable gowns • Disposable shoe coverings • Hand sanitizing/disinfectant lotions • Sanitizing/disinfectant wipes, chemicals,or sprays Facilitv Improvements—Improvements or enhancements made to an office area, building, or infrastructure equipment that provides an additional level of protection from the spread of the COVID virus. Contracts—Professional services by outside contractors. Scope of work must be COVID related. Fund Administration-Hours (non-Force Account Labor hours), supplies/materials,and equipment necessary to administrator and manage.the application of the CARES Act. Other—Any expense,that can be determined a COVID related eligible expense, and does not-fit into one of the above categories, may be considered an"Other" expense. 4 1 P a g e 25 211 Highlighted dates are subject to change awaiting further direction due to recently updatde guidance from the US Treasury. CERTIFICATION FOR RECEIPT OF CORONAVIRUS RELIEF FUND PAYMENTS By The Town of We the undersigned represent the Town of (the Town), and we acknowledge that: 1. we have the authority to request direct payment on behalf of the Town from the County of Frederick(the County) of revenues from the Coronavirus Relief Fund (CRF) pursuant to section 601 of the Socidl Security Act, as added by section 5001 of the Coronavirus Aid, Relief, and Economic Security Act, Pub. L.No. 116-136,div.A, Title V(Mar.27, 2020). 2. we understand that the County will rely on this certification as a material representation in making a direct payment to the Town. 3. the Town's proposed uses of the funds received as direct payment from the County pursuant to section 601 of the Social Security Act will be used only to cover those costs that: a. are necessary expenditures incurred due to the public health emergency with respect to the Coronavirus Disease 2019 (COVID-19); b. were not accounted for in the budget most recently approved as of March 27,2020, for the Town; and c. were incurred during the period that begins on March 1,2020 and ends on December 30,2020. 4. any funds that are not expended or that will not be expended on necessary expenditures on or before December 30, 2020, by the Town or its grantee(s), must be returned to County no later than January 8, 2021, so that the County may return the unexpended funds to the Commonwealth of Virginia by January 29, 2021, and we understand that the Commonwealth of Virginia is entitled to invoke state aid intercept to recover any such unexpended funds that have not been returned to the Commonwealth within 30 days of December 30,2020. 5. we understand that the Town will not receive continued funding beyond December 30, 2020, from any source to continue paying expenses or providing services that were initiated or previously supported from CRF funds prior to December 30.2020. 6. funds received as a direct payment from the County pursuant to this certification must adhere to official federal guidance issued or to be issued regarding what constitutes a necessary expenditure.' 7. any CRF funds expended by the Town or its grantee(s) in any manner that does not adhere to official federal guidance shall be returned to the County within 15 days so that the County may return these funds within 30 days of finding that a expenditure is disallowed, and that the Commonwealth of Virginia is entitled to invoke state aid intercept to recover any and all such funds that are not repaid within 30 days of a finding that the expenditure is disallowed. 'Official Guidance for the use of funds may be found at:htt s://home.treasun.eov/sr stem/files/136/Coronavirus-Relief-Fund- Guidance-for-State-Territorial-Local-and-Tribal-Governments.idf. Frequently asked questions maybe found at:https://home.treasun..Lov/s%stem/files/136/Coronavirus-Relief-Fund-FrLtjuently-Asked- Questions.pdf. 26 212 8. as a condition of receiving the CRF funds pursuant to this certification, the Town shall submit documentation to request reimbursement for use of the funds, including but not limited to payroll time records, invoices, and/or sales receipts accompanied by clear justification relating the purchase to the COVID-19 public health emergency and proof of payment. Such documentation shall be provided to the County by close of business on January 8, 2021. 9. the Town must maintain proper accounting records to segregate these expenditures from those supported by other funding sources and that all such records will be subject to audit. 10. any funds provided pursuant to this certification cannot be used as a revenue replacement for lower than expected revenue collections from taxes, fees, or any other revenue source. 11. any CRF funds received pursuant to this certification will not be used for expenditures for which the Town has received funds from any other emergency COVID-19 supplemental funding (whether state, federal, or private in nature) for that same expense nor may CRF funds be used for purposes of matching other federal funds unless specifically authorized by federal statute,regulation, or guideline. 12. we understand that the Town will receive an equitable share of CRF funds received by the County from the Commonwealth of Virginia. Such grant shall be used by the Town solely for necessary expenditures incurred due to the public health emergency with respect to the Coronavirus Disease 2019 (COVID-19), as prescribed in this certification.We acknowledge that the County is responsible for ensuring the Town's compliance with the documentation requirements of this certification, and for ensuring that the Town's use of the CRF funds meets the requirements set forth in this certification. Accordingly, we certify that the Town will comply, in a timely fashion, with all requests made by the County for the purpose of ensuring compliance with the requirements of this certification and Section 601 of the Social Security Act. We certify that we have read the above certification and our statements contained herein are true and correct to the best of our knowledge. By: By. By- Signature: Signature: Signature: Title: Title: Title: Town Manager Finance Director/Treasurer Mayor Date: Date: Date: 27 213 PUBLIC HEARING ANNOUNCEMENT Amendment to the 2020-2021 Fiscal Year Budget Pursuant to Section 15.2-2507 of the Code of Virginia, 1950 as amended,the Board of Supervisors will Hold a Public Hearing to Amend the Fiscal Year 2020-2021 Budget to Reflect a CARES Act Fund Supplemental Appropriation in the Amount of$7,792,215. This amount represents Coronavirus Aid, Relief and Economic(CARES)Act Coronavirus Relief Funds(CRF)allocated by the Commonwealth of Virginia to assist with the direct impact of the COVID-19 pandemic. RESOLUTION FISCAL YEAR 2020-2021 BUDGET AMENDMENT Ek WHEREAS,the U.S. Congress passed and the.President recently signed the Coronavirus Air, Relief,and Economic Security(CARES)Act of 2020; and. WHEREAS, localities were allocated funding from-the CARES Act through multiple sources, but primarily from the Coronavirus Relief Fund (CRF) allocations which the Commonwealth of�Virginia allocated to localities based on population;and WHEREAS,CRF funds may be used forjqualifying expenses to..cover costs that 1)are necessary expenditures incurred due to the public health emergency with-respect to the Coronavirus Disease 2019 (COVID-19); 2)were not accounted for in the bud" most recentlj�.approved as of March 27, 2020(the date of enactment of the CA-RES Act)for the State or local government;"and 3)were incurred during the period that begins March 1,20204 and ends onl0ecember 3%,202,0., `� WHEREAS,the County is,required to provide an equitable share of the CRF funds are granted to each incorporated town with in`its'jurisdiction-(Middletown and Stephens City);and r � WHEREAS,agreements will be made with theTwo aforementioned Towns per requirements of the. Commonwealth of Virginia,•'and S WHEREAS,'Pursuant to Title 15zf Chapte`r,25 Section 15.2-2507 of the Code of Virginia, 1950 as amended,the appropriate advertisements nd"public hearings have been conducted; NOW,THEREFORE,BE T RESOLVED,by the Board of Supervisors that the.FY 2020-2021 Budget be Amended to Reflect: CARES Act Fund Su pplemental-A ro riation in the Amount of$7,792,215. This amount represents Coronavirus Aid, Relief and Economic(CARES)Act Coronavirus Relief Funds (CRF)allocated by the Commonwealth of Virginia to assist with the direct impact of the COVID-19 pandemic. BE IT FURTHER RESOLVED,estimates of revenues and appropriations are approved at the fund level, and appropriations designated for this.special revenue fund will not lapse at the end of the fiscal year, but shall remain appropriated until the completion of the project or until the Board of Supervisors, by appropriate resolution,changes or eliminates the appropriation. 28 214 BE IT FURTHER RESOLVED,CARES Act Fund appropriation shall include funds transferred to,other funds for classification purposes. Upon a motion made by and a seconded by the above budget amendment and supplemental appropriation was by the following recorded vote: 4 29 215 'r ` r Board of Supervisors Agenda Item Detail . Meeting Date: August 12, 2020 ��GrN Agenda Section: County Officials Title: Amendment to the Frederick County Code, Chapter 7 Elections, Section 7-3 Central Absentee Voting Precinct. Attachments: BOS08-12-20CentralAbsenteePrecinctSunnyside.pdf 216 COUNTY OF FREDERICK f Roderick B. Williams County Attorney 540/722-8383 (;vyj Fax 540/667-0370 E-mail: rwillia@fcva.us MEMORANDUM TO: Board of Supervisors FROM: Roderick B. Williams County Attorney DATE: August 7, 2020 RE: Frederick County Code, Chapter 7 (Elections), Section 7-3 (Central Absentee Voting Precinct) Attached please find a draft proposed amendment to Section 7-3 of the County Code. The Office of Elections/General Registrar will be using the County-owned space at Sunnyside Plaza to conduct a significant portion of the operations for early absentee voting for the November election. Pursuant to legislation effective July 1, 2020, in person absentee voting must be available on the forty-fifth day prior to the election and continue until 5:00 p.m. on the Saturday immediately preceding the election. Va. Code § 24.2-701.1(A). State law requires the local governing body to establish by ordinance any absentee voting location. Va. Code §§ 24.2- 701.2(A) and 24.2-712(A). Copies of the cited Code sections are attached for reference. Attachments 107 North Kent Street • Winchester, Virginia 22601 217 .f 173 ORDINANCE August 12, 2020 The Board of Supervisors of Frederick County, Virginia hereby ordains that Section 7-3 (Central Absentee Voting Precinct) of Article I (Magisterial Districts) of Chapter 7 (Elections) of the Code of Frederick County, Virginia be, and the same hereby is, amended by enacting an amended Section 7-3 (Central Absentee Voting Precinct) of Article I (Magisterial Districts) of Chapter 7 (Elections) of the Code of Frederick County, Virginia, as follows and to take effect immediately (addition is shown in bold underline): CHAPTER 7 Elections ARTICLE I Magisterial Districts § 7-3 Central Absentee Voting Precinct. The Central Absentee Voting Precinct for all elections is to be held at 107 North Kent Street (County Administration Building), Winchester, Virginia, in a first-floor conference room, and at 261-263 Sunnyside Plaza Drive (in Sunnyside Plaza), Winchester, Virginia. Enacted this 12th day of August, 2020. Charles S. DeHaven, Jr., Chairman Shawn L. Graber J. Douglas McCarthy Robert W. Wells Blaine P. Dunn Gene E. Fisher Judith McCann-Slaughter A COPY ATTEST Kris C. Tierney Frederick County Administrator 218 Code of Virginia Title 24.2. Elections Chapter 7.Absentee Voting § 24.2-701.1. Absentee voting in person A. Absentee voting in person shall be available on the forty-fifth day prior to any election and shall continue until 5:00 p.m. on the Saturday immediately preceding the election. In the case of a special election, excluding for federal offices, if time is insufficient between the issuance of the writ calling for the special election and the date of the special election, absentee voting in person shall be available as soon as possible after the issuance of the writ. Any registered voter offering to vote absentee in person shall provide his name and his residence address in the county or city in which he is offering to vote. After verifying that the voter is a registered voter of that county or city, the general registrar shall enroll the voter's name and address on the absentee voter applicant list maintained pursuant to § 24.2-706. Except as provided in subsection F, a registered voter voting by absentee ballot in person shall provide one of the forms of identification specified in subsection B of§ 24.2-643. If he does not show one of the forms of identification specified in subsection B of§ 24.2-643, he shall be allowed to vote after signing a statement, subject to felony penalties for false statements pursuant to § 24.2-1016, that he is the named registered voter he claims to be.A voter who requires assistance in voting by reason of a physical disability or an inability to read or write, and who requests assistance pursuant to § 24.2-649, may be assisted in preparation of this statement in accordance with that section. The provisions of§ 24.2-649 regarding voters who are unable to sign shall be followed when assisting a voter in completing this statement. A voter who does not show one of the forms of identification specified in this subsection or does not sign this statement shall be offered a provisional ballot under the provisions of§ 24.2-653. The State Board shall provide instructions to the general registrar for the handling and counting of such provisional ballots pursuant to § 24.2-653.01 and this section. B.Absentee voting in person shall be available during regular business hours. The electoral board of each county and city shall provide for absentee voting in person in the office of the general registrar or a voter satellite office established pursuant to § 24.2-701.2. For purposes of this chapter, such office shall be open to the public a minimum of eight hours between the hours of 8:00 a.m. and 5:00 p.m. on the first and second Saturday immediately preceding all elections. Any applicant who is in line to cast his ballot when the office of the general registrar or voter satellite office closes shall be permitted to cast his absentee ballot that day. C. The general registrar may provide for the casting of absentee ballots in person pursuant to this section on voting systems. The Department shall prescribe the procedures for use of voting systems. The procedures shall provide for absentee voting in person on voting systems that have been certified and are currently approved by the State Board. The procedures shall be applicable and uniformly applied by the Department to all localities using comparable voting systems. D. At least two officers of election shall be present during all hours that absentee voting in person is available and shall represent the two major political parties, except in the case of a party primary, when they may represent the party conducting the primary. However, such requirement shall not apply when (i) voting systems that are being used pursuant to subsection C are located in the office of the general registrar or voter satellite office and (ii) the general 1 7/16/2020 219 registrar or an assistant registrar is present. E. The Department shall include absentee ballots voted in person in its instructions for the preparation, maintenance, and reporting of ballots, pollbooks, records, and returns. F. This subsection shall apply in the case of any individual who is required by subparagraph (b) of 52 U.S.C. § 21083 of the Help America Vote Act of 2002 to show identification the first time he votes in a federal election in the state. At such election, such individual shall present (i) a current and valid photo identification or (ii) a copy of a current utility bill, bank statement, government check, paycheck, or other government document that shows the name and address of the voter. Such individual who desires to vote in person but who does not show one of the forms of identification specified in this subsection shall be offered a provisional ballot under the provisions of§ 24.2-653. The identification requirements of subsection B of§ 24.2-643 and subsection A of§ 24.2-653 shall not apply to such voter at such election. The Department of Elections shall provide instructions to the electoral boards for the handling and counting of such provisional ballots pursuant to § 24.2-653.01 and this section. 2019, cc. 278, 668, 669;2020, cc. 735, 856, 1064, 1065, 1149, 1151, 1201. The chapters of the acts of assembly referenced in the historical citation at the end of this section may not constitute a comprehensive list of such chapters and may exclude chapters whose provisions have expired. 2 7/16/2020 220 Code of Virginia Title 24.2. Elections Chapter 7.Absentee Voting § 24.2-701.2. Absentee voting in person; voter satellite offices A. The governing body of any county or city may establish,by ordinance,voter satellite offices to be used in the locality for absentee voting in person. The governing body may establish as many offices as it deems necessary. No change in, including the creation or abolishment of, any voter satellite office shall be enacted within 60 days next preceding any general election. Notice shall be published prior to enactment in a newspaper having general circulation in the locality once a week for two successive weeks. B.Any voter satellite office shall be in a public building owned or leased by the county, city, or town within the county and may be in a facility that is owned or leased by the Commonwealth and used as a location for Department of Motor Vehicles facilities or as an office of the general registrar. Such location shall be deemed the equivalent of the office of the general registrar for the purposes of completing the application for an absentee ballot in person pursuant to §§ 24.2- /01 and 24.2-706. Any such location shall have adequate facilities for the protection of all elections materials produced in the process of absentee voting in person, the voted and unvoted absentee ballots, and any voting systems in use at the location. C. Voter satellite offices shall be accessible to qualified voters as required by the provisions of the Virginians with Disabilities Act (§ -)1.:)-I et seq.), the Voting Accessibility for the Elderly and Handicapped Act (52 U.S.C. § 20101 et seq.), and the Americans with Disabilities Act relating to public services (42 U.S.C. § 12131 et seq.). The State Board shall provide instructions to the local electoral boards and general registrars to assist the localities in complying with the requirements of the acts. D. The governing body of each county, city, and town shall provide funds to enable the general registrar to provide adequate facilities at each voter satellite office for the conduct of elections. E. Not later than 55 days prior to any election, the general registrar shall post notice of all voter satellite office locations in the locality and the dates and hours of operation of each location in the office of the general registrar and on the official website for the county or city. Such notice shall remain in the office of the general registrar and on the official website for the county or city for the duration of the period during which absentee voting in person is available. If the county or city does not have an official website, such notice shall be published in a newspaper of general circulation in the county or city at least once prior to the election but not later than 55 days prior to such election. F. If an emergency makes a voter satellite office unusable or inaccessible, the electoral board or the general registrar shall provide an alternative voter satellite office, subject to the approval of the State Board, and shall give notice of the change in the location of the voter satellite office. The general registrar shall provide notice to the voters appropriate to the circumstances of the emergency. For the purposes of this subsection, "emergency" means a rare and unforeseen combination of circumstances, or the resulting state, that calls for immediate action. G. The provisions of subsection E of§ 24.2-310 providing certain limited circumstances in which a local electoral board may approve an exception to the prohibition on the distribution of 1 7/16/2020 221 campaign materials inside the prohibited area outside of a polling place shall apply to voter satellite offices and the building in which such offices may be located. H. A voter satellite office established pursuant to this section shall be deemed to be the equivalent of an office of the general registrar for purposes of completing an application for an absentee ballot in person pursuant to §§ 24.2-701, 24.2-701.1, and 24.2-706. 2020, cc. 856, 1149, 1151, 1201. The chapters of the acts of assembly referenced in the historical citation at the end of this section may not constitute a comprehensive list of such chapters and may exclude chapters whose provisions have expired. 2 7/16/2020 222 Code of Virginia Title 24.2. Elections Chapter 7.Absentee Voting § 24.2-712. Central absentee voter precincts; counting ballots A. Notwithstanding any other provision of law, the governing body of each county or city may establish one or more central absentee voter precincts in the courthouse or other public buildings for the purpose of receiving, counting, and recording absentee ballots cast in the county or city. The decision to establish any absentee voter precinct shall be made by the governing body by ordinance; the ordinance shall state for which elections the precinct shall be used. The decision to abolish any absentee voter precinct shall be made by the governing body by ordinance. Immediate notification of either decision shall be sent to the Department of Elections and the electoral board. B. Each central absentee voter precinct shall have at least three officers of election as provided for other precincts. The number of officers shall be determined by the electoral board and general registrar. C. If any voter brings an unmarked ballot to the central absentee voter precinct on the day of the election, he shall be allowed to vote it. If any voter brings an unmarked ballot to the general registrar on or before the day of the election, he shall be allowed to vote it, and his ballot shall be delivered to the absentee voter precinct pursuant to § 24.2-710. The officers at the absentee voter precinct shall determine any appeal by any other voter whose name appears on the absentee voter applicant list and who offers to vote in person. If the officers at the absentee voter precinct produce records showing the receipt of his application and the certificate or other evidence of mailing for the ballot, they shall deny his appeal. If the officers cannot produce such records, the voter shall be allowed to vote in person at the absentee voter precinct and have his vote counted with other absentee votes. If the voter's appeal is denied, the provisions of§ 24.2-708 shall be applicable, and the officers shall advise the voter that he may vote on presentation of a statement signed by him that he has not received an absentee ballot and subject to felony penalties for making false statements pursuant to § 24.2-1016. D. Absentee ballots may be processed as required by§ 24.2-711 by the officers of election at the central absentee voter precinct prior to the closing of the polls. In the case of machine-readable ballots, the ballot container may be opened and the absentee ballots may be inserted in the counting machines prior to the closing of the polls in accordance with procedures prescribed by the Department of Elections, including procedures to preserve ballot secrecy, but no ballot count totals by the machines shall be initiated prior to the closing of the polls. In the case of absentee ballots that are counted by hand, the officers of election may begin tallying such ballots at any time after 3:00 p.m. on the day of the election in accordance with the procedures prescribed by the Department of Elections, including procedures to preserve ballot secrecy. No counts of such tallies shall be determined or transmitted outside of the central absentee voter precinct until after the closing of the polls. The use of cellular telephones or other communication devices shall be prohibited in the central absentee voter precinct during such tallying and until the closing of the polls.Any person present in the central absentee voter precinct shall sign a statement under oath that he will not transmit any counts prior to the closing of the polls.Any person who transmits any counts in violation of this section is guilty of a 1 7/16/2020 223 Class 1 misdemeanor. As soon as the polls are closed in the county or city, the officers of election at the central absentee voter precinct shall proceed promptly to ascertain and record the total vote given by all absentee ballots and report the results in the manner provided for counting and reporting ballots generally in Article 4(§ 24.2-643 et seq.) of Chapter 6. E. The electoral board or general registrar may provide that the officers of election for a central absentee voter precinct may be assigned to work all or a portion of the time that the precinct is open on election day subject to the following conditions: 1. The chief officer and the assistant chief officer, appointed pursuant to § 24.2-115 to represent the two political parties, are on duty at all times; and 2. No officer, political party representative, or other candidate representative shall leave the precinct after any ballots have been counted until the polls are closed and the count for the precinct is completed and reported. F. The general registrar may provide that the central absentee voter precinct will open after 6:00 a.m. on the day of the election provided that the office of the general registrar will be open for the receipt of absentee ballots until the central absentee voter precinct is open and that the officers of election for the central absentee voter precinct obtain the absentee ballots returned to the general registrar's office for the purpose of counting the absentee ballots at the central absentee voter precinct and provided further that the central absentee voter precinct is the same location as the office of the general registrar. 1974, c.428, § 24.1-233.1; 1978, c. 778; 1991, c. 3; 1993, c. 641; 1994, cc. 287, 742;1998, cc. 549, 572;2003, c. 1015;2006, c. 297;2008, c. 423;2013, c. 501;2014, cc. 540, 552, 576;2015, cc. 313, 644 , 645;2016, cc. 18, 492;2017, c. 711. The chapters of the acts of assembly referenced in the historical citation at the end of this section may not constitute a comprehensive list of such chapters and may exclude chapters whose provisions have expired. 2 7/16/2020 224 'r ` r Board of Supervisors Agenda Item Detail . Meeting Date: August 12, 2020 ��GrN Agenda Section: County Officials Title: Conditional Use Permit#04-20 for Robert S. Blankinship et al, Attachments: BOS08-12-20CUP04-20RobertBlankinship.pdf 225 cod CONDITIONAL USE PERMIT #04-20 qw �� Robert S. Blankinship,Etals-Commercial Telecommunication Facility Staff Report for the Board of Supervisors Prepared: July 30,2020 1],16 Staff Contact: Mark 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: 07/01/20 Recommended Approval Board of Supervisors: 08/12/20 Pending EXECUTIVE SUMMARY: This is a request for a Conditional Use Permit to construct a commercial telecommunication facility consisting of a 70-foot telecommunication facility and accessory structure. Should the Board of Supervisors find the use to be appropriate, the Planning Commission recommended the following conditions: 1. All review agency comments and requirements shall be complied with at all times. 2. The tower shall be available for collocating personal wireless service providers. 3. The tower shall be removed by the Applicant or Property Owner within twelve (12) months of abandonment of operation. 4. Any expansion or modification of this use will require a new Conditional Use Permit. Following this public hearing, a decision regarding this Conditional Use Permit application by the Board of Supervisors would be appropriate. The Applicant should be prepared to adequately address all concerns raised by the Board of Supervisors. 226 Page 2 CUP 904-20 Robert Blankinship, Etals July 30, 2020 LOCATION: This property is located at 100 Archwood Trail, Winchester, Virginia. MAGISTERIAL DISTRICT: Back Creek PROPERTY ID NUMBER: 49B03-123-215 PROPERTY ZONING & PRESENT USE: Zoned: R5 (Residential Recreational Community) Land Use: Vacant ADJOINING PROPERTY ZONING& PRESENT USE: North: R5 (Residential Recreational Community) Use: Residential South: R5 (Residential Recreational Community) Use: Vacant East: R5 (Residential Recreational Community) Use: Vacant West: R5 (Residential Recreational Community0 Use: Vacant PROPOSED USE: This is a request for a Conditional Use Permit to enable the construction of a 70-foot Commercial Telecommunications Facility. REVIEW EVALUATIONS: Frederick County Inspections: Tower, foundation, and related building and/or structures shall comply with the 2015 Virginia Building Code. Tower shall be designed in accordance with the provisions of the TIA-222 and shall be of noncombustible material. Towers shall be located such that guy wires and other accessories shall not cross or encroach upon any street or other public spaces, or over above-ground electric utility lines without written consent. Access to the tower sites shall be limited as required by applicable OSHA, FCC, and EPA. Section 102.3 Virginia Uniform Statewide Building Code (USBC) addresses the exempts equipment, related wiring, and structures supporting the related wiring installed by a provider of publicly regulated utility service or a franchised cable television operator and electrical equipment and related wiring used for radio, broadcast or cable television, telecommunication or information service transmission. The exemption shall apply only if under applicable federal and state law the ownership and control of the equipment and wiring is by the service provider or its affiliates. Such exempt equipment and wiring shall be located on either public rights-of-way or private property for which the service provider has rights of occupancy and entry; however, the structures, including their service equipment, housing or supporting such exempt equipment and wiring shall be subject to the USBC. The installation of equipment and wiring exempted by this section shall not create an unsafe condition prohibited by the USBC. The replacement of or retro fitting of existing fiber distribution boxes falls under this exception as well. Please note 227 Page 3 CUP 904-20 Robert Blankinship, Etals July 30, 2020 that the exemption of permitting does not apply to building structures erected or remodeled on these sites. The tower, foundation and any other related buildings/structures require permits. All structural plans submitted for permit application shall be sealed by a VA Design Professional. Special inspection requirement of Chapter 17 of VBC shall apply to this type of structure. Frederick County Fire Marshall: Plans Approved. Winchester Regional Airport: No comment. Planning and Zoning: Staff would like to note that this Conditional Use Permit (CUP)has been applied for in response to a zoning violation for the construction of a 70-foot telecommunication tower for internet wireless communication, on this property without an approved CUP. This property is located in the Shawneeland subdivision. An approved CUP is one avenue to abate this violation. This proposed 70-commercial telecommunication facility is located on property that is zoned R5 (Residential Recreational Community)Zoning District. The 2035 Comprehensive Polices of Frederick County ("Comprehensive Plan") provides guidance when considering any land use action. The Comprehensive Plan identifies this area of the County to remain R5 and is not part of any current land use study. The Frederick County Zoning Ordinance allows for commercial telecommunication facilities in the R5 Zoning District with an approved CUP. The properties immediately adjacent to this proposed CUP are vacant and currently zoned R5 Zoning District. Should this facility be approved this commercial telecommunication facility will be positioned to provide the existing and future land uses in this area of the County with internet wireless communication needs. STAFF CONCLUSIONS FOR THE 07/01/20 PLANNING COMMISSION MEETING: Should the Planning Commission find this use appropriate, Staff would suggest the following conditions be placed on the CUP: 1. All review agency comments and requirements shall be complied with at all times. 2. The tower shall be available for collocating personal wireless service providers. 3. The tower shall be removed by the Applicant or Property Owner within twelve (12) months of abandonment of operation. 4. Any expansion or modification of this use will require a new Conditional Use Permit. 228 Page 4 CUP 904-20 Robert Blankinship, Etals July 30, 2020 PLANNING COMMISSION SUMMARY AND ACTION FOR THE 07/01/20 MEETING: Staff reported, this is a request for a Conditional Use Permit for a 70-ft commercial telecommunication tower with an accessory structure. He continued, the property is located at 100 Archwood Trail in the Shawneeland Subdivision; the property is zoned R5 (Residential Recreational Community) and the land use is vacant with the exception of the tower. He noted, the properties immediately adjacent to this proposed CUP are also vacant and zoned R5. He provided a locations map of the property. Staff continued; this Cup was applied for in response to a zoning violation due to the construction of the 70-ft telecommunication tower for internet wireless communication on this property without an approved CUP; the approval of a CUP is one avenue to abate this violation. He explained, the Zoning Ordinance allows for commercial telecommunication facilities in the R5 Zoning District with an approved CUP. He noted, should this facility be approved this commercial telecommunication facility will be positioned to provide the existing and future land uses in this area of the County with internet wireless communication needs. He provided a drawing of the tower location. Staff recommended the following conditions: 1. All review agency comments shall be complied with at all times. 2. The tower shall be available for collocating personal wireless services providers. 3. The tower shall be removed by the Applicant or property owner within twelve (12)months of abandonment of operation. 4. Any expansion or modification of this use will require a new Conditional Use Permit. Mr. Robert Blankinship, the Applicant came forward and explained, this tower was acquired from a previous owner of the property. He believed at that time the tower was in compliance with the County Zoning Ordinance, however he was contacted by Mr. Cheran that is was in violation of the code. He stated he would like to come into compliance with the County. Commissioner Morrison asked what the design of the tower is. Mr. Blankinship explained it is known as a Rone 25G or guide tower, with 10 sections and has reinforcement to prevent torking for help with the wind. Commissioner Morrison asked if it would collapse would it remain on the property. Mr. Blankinship responded yes; it would collapse within itself_ Mr. William Murphy came forward and presented an overview of an auction held in 2005 at which time he purchased several parcels. He feels the value of the property is going to decrease because of this tower and he thinks the County should have an obligation to the people that purchased properties at that time. A motion was made, seconded, and unanimously passed to recommend approval of Conditional Use Permit 4 04-20 for Robert Blakinship(Telecommunication Tower). 229 Page 5 CUP 904-20 Robert Blankinship, Etals July 30, 2020 EXECUTIVE SUMMARY AND PLANNING COMMISSION RECOMMENDATION FOR THE 08/12/20 MEETING: This is a request for a Conditional Use Permit to construct a commercial telecommunication facility consisting of a 70-foot telecommunication facility and accessory structure. Should the Board of Supervisors find the use to be appropriate, Staff would suggest the following conditions: 1. All review agency comments and requirements shall be complied with at all times. 2. The tower shall be available for collocating personal wireless service providers. 3. The tower shall be removed by the Applicant or Property Owner within twelve (12) months of abandonment of operation. 4. Any expansion or modification of this use will require a new Conditional Use Permit. Following this public hearing, a decision regarding this Conditional Use Permit application by the Board of Supervisors would be appropriate. The Applicant should be prepared to adequately address all concerns raised by the Board of Supervisors. 230 CUP # 04 - 20: Robert S. Blankinship Etals PIN: 49B03 - 123 - 215 Small Cell Tower Zoning Map , g - J,. r - O a CUP#04 20 r o �P wiz o PFg oa o P t� f, P �p� Q PSG o 't vS�FP Q y ,E� r Application Parcels N Paroe$ W E RS(Residential Recreational Community District) �\ S Frederick County Planning&Development _ 107 N Kent St Winchester,VA 22601 540-665-5651 231 0 50 100 200 Feet Map Created:May 22,2020 CUP # 04 - 20: Robert S. Blankinship Etals PIN: 49B03 - 123 - 215 Small Cell Tower Location Map ! 4 '`�� - ..� jam,- ' .,✓ o • ^- b _ -r wF y o CUP#04-20tviki 52 . . . 'y t .. ', ._ y � ,y�' i •;..s' . PpG� WMCNESiER Rl N Application � �\ Parcels \ WE S Frederick County Planning&Development _ 107 N Kent St Winchester,VA 22601 r� 540-665-5651 232 0 50 100 200 Feet Map Created:May 22,2020 co co C-4 Submittal Deadline PX Meeting BOS Meeting Zip-of APPLICATION FOR CONDITIONAL USE PERMIT FREDERICK COUNTY, VIRGINIA 1. Applicant (check one) Property Owner "'= Other NAME: ADDRESS: V A TELEPHONE: 113--3, 2. Please list all owners, occupants, or parties in interest of the property: 1-4 CS 3. The property is located at: (please give exact directions and include the route number of your road or street) -215-, /00 1-7 r c- W tr F 6 r--x 4. The property has a road frontage of 7 2 feet and a depth of a/q- feet and consists of cf.s�_ acres. (Please be exact) 5. The property is owned by S. as evidenced by deed from zr C";Cr-,"' (previous owner) recorded in deed book no. ff,(,; on page 5-,q 5 as recorded in the records of the Clerk of the Circuit Court, County of Frederick. 6. Property Identification Number -2,.1 5 Magisterial District_ Yh c-r� C )c< Current Zoning 5 CO C\1 7. Adjoining Property: USE z North 1\J c-,c c, -%,, Y East /Z- C South O\J West 8. The type of use proposed is(consult with the Planning Dept. before completing): 9. It is proposed that the following buildings will be constructed: U" 10. The following are all of the individuals, firms, or corporations owning property adjacent to both sides and rear and in front of (across street from) the property where the requested use will be conducted. (Continue on back if necessary.) These people will be notified by mail of this application: Name and Property Identification Number Address Name k:, ry\, St Property# �2491303-12;3-2�Hti V-A Name - W'� \\'t u r V (I Property491303-123-231 9 )�-O Y�- V!4 1 2_ c Name J-, 13 . 1 / 27 F ) C-ll Y- f I Property# t C. 491303-123-216 k k Y\v 0 Yti C- "lame X31 Cl L,\j 0 A 1) e- Property# /-7 491302-123-212A P-7 Name Property# Name Property# Name Property# 6 11. Please use this page for your sketch of the property. Show proposed and/or existing structures on the property, including measurements to all property lines. rI3 C, C A, At ukNN 8 _ (.0 N ti ir4 n N w f? I 411 N i • � p �L J t N 7 r r- co C\I 12. Additional comments, if any: 5,11 F L"j LLI' I. P�195 LV �LV' L cnSeZ 1NC,, � I' t bj(r k, LL-v U-1 R- 0,vL I (we), the undersigned, do hereby respectfully make application and petition the governing body of Frederick County, Virginia to allow the use described in this application. I understand that the sign issued to me when this application is submitted must be placed at the front property line at least seven (7) days prior to the first public hearing and maintained so as to be visible until after the Board of Supervisors'public hearing. Your application for a Conditional Use Permit authorizes any member of the Frederick County Planning Commission,Board of Supervisors or Planning and Development Department to inspect your property where the proposed use will be conducted. Signature of Applicant Signature of Owner Owners'Mailing Address iS On C t yy, 3-6' t GS5 Owners' Telephone No. 0 Z b Lj — / , ? TO BE COMPLETED BY THE ZONING ADMINISTRATOR: USE CODE: RENEWAL DATE: 00 M --- _ N 1 I j Special Limited Power of Attorney County of Frederick, Virginia Frederick Planning Website: www.feva.us Department of Planning chi Development, Country of Frederick,Virginia 107 North Kent Street,Winchester,Virginia 22601 Phone (540) 665-5651 Facsimile (540) 665-6395 i Know All;'�Ci en Bir Tl4se Presents That: N ine of Property OmicrfApplicant Flake Twit: lithe-pnVerty is tin elnitr,the name of the entity should atapear above. } If malltipL pinions aw',11 flip,progeny or ars:aivlicant.� all%recused power of attmnon fion)each owncr will he uvded. C-C N% - S T, c 14' Z t?t t C::1 - i Mailing Address ofPropemZ Owner/Applieaatt Telephone Number 3 f as owner of,or applicant with respect to,the tr ict(s)or parcel(s)of land in Frederick County, Virginia,identified by following property identification numbers: do hereby make,constitute,and appoint: Bf Name;of'Attorney-.1n-Fact .?-1 5" D-r-t rite0<�' t, Mailing Address of Attorney-Tn-Fact Telephone Number I to acct as my true and lawful attorney-in-fact for and in my name,place,and stead,with the same Rall power and authority 1 would have if acting personally,to file and act on my behalf with respect to applic tion with Frederick County,Virginia for the following,for the above identified property: Rezoning Subdivision Conditional Use Permit Q Site flan Master Development flan(prelim,or final) Variance or Zoning Appeal and,further,my attorney--in-fact shag have the authority to offer proffered conditions and.to make amendments to previously approved proffered conditions except as follows: i or -ri-VR.c z This appointment shall expire one year from the day that it is signed,o at stt��l� Fe`6 �laRyland trtlrere*ise rescind or modifi7 it. Washington County My Commission Expires Sep 23,2020 Signature Title of signing on behalf of an entity) State of d ` ` `�-- ,ColxniylCit}=c>f f�t1 -` Gi'' '1 To wit: i,Lor L' `tt AbUt ,a Notary Public in and for the jurisdiction aforesaid,certify Haat the person who signed the foregoing instrument personally appeared before.fne and has acknowledged the , me before me ltl the jttrlsdictian aforesaid this_ day of —,2o26 r " My Commission Expires Public Registration � Number 1 CY) CY) C -Special Lint ited Power of Attorney Couritv of Frederick, Virah-,ja Frederick Plan'113,1-mWebsite: Department of Planning & Developtaler �j, Covultv of Fl-cAeric!"Virginia 107 North Kell+, street,reet, vVilachester, Virc'inia 226E I '40)665-63-95 Phone (540)665-565-' F cSilinile (5 Njiow Ail Men 32 '"hese Prescuts That: zmie(ll'Pn)liertv ff the pri'l%-rty,c ctitt t iipp I ical it i�all tivttitti,the I liall v of,III e vu I itv Should uppeor ilt'i"'.e. 11,nnulliple per';kIll"moil the prolmly iir ave applicatits,on cxc'Illed pmvcl't)faulul llc_' filoill v.1ch o1%nel-lk 6 a C3 6 'lintz Address(11'Pr(iz OWACrAppi it-Mil as oivaer of or a pplicant witli'Cqpect to.the tract(s)or parvo(s) of pre I C 1IN, I I Z nit -,� ( 01-i I C ot)11 --gilliat identified by folloNving,proper ty identification 1111:1ibers: do hereby maue., cou-stittlite.alld appoi.-II: i Y 3j 40 act-,vs in) true mid lawfui attoriley-in-fact for aad in my name, place,and stead.,tvith the same full nowe-andauthority I would have if acting, perioually to rile and act on my he'lialtwit il respect to apP oil'Vith Frederick Comity,Vthe for fo' 110%,king,for tile above identified property: Rezoning Subdivision Conditional Use Permit Site Plan F] 'chaster Development Plan(preiini, or;mall Variance or Zoning Appeal and,fill-tiler.111V attorney-in-fact sivall have the alithol-Ity to offer proffered conditious, -raid to iwtke pre-viousiv approved proffered conditiolis ex ceptas toilojvs. LF ` v -"his a poin shaall expi le., from the day that it is signed,or a such sooner time as I other 'e rescir o dif it. Sit natt- n behalf of an I- S ke of Coullivicity ol Fo Nvil: it-Notary Public in.ancl ti-)r Lhejunschetion aforesaid, certify that the person,who Signed the rol%goill- instruille-al.personally appeared before Inc and has-acknowlt:dge'd[lie salilL�'peffire me in the juris(lict-ion Ej-j*()rC -Sjid illi'; IZ� ttav 017 . ,)o2o 'Olunli5Sion Empires: >-C Nqfaty public G - ----- c: stration Number: OFRCIAL SEAL Notary Milo,staw of West Mia L 6M Leetovin Road aural Goode GorrorrNj,,EWv vwemwY22,2W Fez C) 'IT C14 REQUEST FOR CONDITIONAL USE PERMIT COMMENTS Frederick County Inspections Department Mail to: Hand deliver to: Frederick County Inspections Department Frederick County Inspections RLmOn Etl V ED 107 North Kent Street, 2`1 Floor Attn: Building Official Winchester. Vii-inia 22601 107 North Kent Street, 2"d Floor MAY 14 2020 L (.540) 665-5650 Winchester, Virginia heden(*County Ins^fions Applicant: It is your responsibility to complete this form as accurately as possible in order to assist the i agency with their review. Also, please attach two (2) copies of your application form, location map and all other vertinent inforination. Applicant's Dame: tHt S Telephone: Mailing Address: Z S /D c tR-t- IN r 4- Cl Name of development and/or description of the request: � rCS ri -7 o 77s W t1 ! a <- Location of Property: BuNing Official's Comments: &A con Building Official's Signature& Date: L2Z 5114/7')OV 1 1 1 Notice to Inspections Department- Please Return This Form to the Applicant if 12 r� Tower,foundation,and related building and/or structures shall comply with the 2015 Virginia Building Code. Tower shall bedesigned inaccordance with the provisions ofthe TWr2Z2 and shall beof noncombustible material. Towers shall be located such that guy wires and other accessories shall not cross or encroach upon any street or other public spaces,or over above-ground electric utility lines without written consent. Access to the tower sites shall be limited as required by applicable OSHA, FCC,AND EPA. Section 102.3 Virginia Uniform Statewide Building Code (USBC)addresses the exempts equipment, related wiring,and structures supporting the related wiring installed by provider of publicly regulated utility service ora franchised cable television operator and electrical equipment and related wiring used for radio, broadcast or cable television,telecommunications or information service transmission. The exemption shall apply only if under applicable federal and state law the ownership and control of the equipment and wiring is by the service provider orits affiliates. Such exempt equipment and wiring shall belocated oneither public righLs-of- vvayorprivatepnopertyform/hichtheaen/iceprov(derhasr|ghtsof*mcupancyandentDy; however,the structures, including their service equipment, housing,or supporting such exempt equipment and wiring shall besubject tmthe 0S0C. The installation ofequipment and wiring exempted by this section shall not create an unsafe condition prohibited by the USBC,The replacement of or retro fitting of existing fiber distribution boxes falls under this exception as well. Please note that the exemption ofpermitting does not apply tobuilding structures erected or remodeled on these sites.The tower,foundation and any other related buildings/structures require permits. All structural plans submitted for permit application shall be sealed byaVA Design Professional Special inspection requirements of Chapter 17 of VBC shall apply to this type of structure. s\siteplan connments\2Q15\tnvvercup Nankenship.docx N It / N REQUEST FOR colvDrTrc+NAL USE PERMIT colvrlvElvTs Frederick County Fre MarshalMail to: Hand deliver to: Frederick County Fire Marshal Frederick County Fire&Rescue Dept. 1800 Coverstone Drive Attn: Fire Marshal Winchester, Virginia 22602 Public Safety Building (540) 665-6350 1800 Coverstone Drive Winchester, Virginia .Applicant: It is your responsibility to complete this form as accurately as possible in order to assist the agency with their review. Also, please attach two (2) copies of your application form, location map and all other pertinent information. Applicant's Name::_R )Qo� r..1� c,,,is;�f.S �� A tTelephone:5`j 4 Mailing Address: 21S 1-) f 2- it'll Name of development and/or description of the request: Location of Property: ? Cl r C-k i a Fre Marshal's Comments: _ Fire Marshals Signature&Dater Notice to Fire Marshal-Please Return This Form to the Applicant PLANS APPROVED FIRE MARSHALo FREDERICK COUNTY c� N Frederick County Fire and rescue Department Office of the Fire Marshal . 1080 Coverstone Drive Winchester,VA 22602 � •� .. .l�r• Phone: 540-665-6350 Fax:540-678-4738 fmo@fcva.us Plan Revlewo Conditional Use Status: Approved Susiness name Telecommunications Tower 100 Archwood Trail Winchester,Virginia 22602 Main Contact: Printed Date:04114/2020 Robert S. Blankinship Information Received Date: 04/08/2020 Occupancy Type: Review Begin Date: 04114/2020 Property Use: Review End Date: 04/14/2020 Activity Number: I04BJ016 Hours: 1.0000 Details Name Bringing existing tower into compliance Comments: Approved. i Adam Hounsheil Lieutenant/Assistant Fire Marshal Page 1 of 1 It It N REQUEST FOR CONDITIONAL. USE PERMIT COMMENTS MENTS Winchester Regional Airport � <EAGt�f9 2 to' hand deliver to, ; Winchester Regional Airport Winchester Regional Airport Attn: Executive Director Attn: Executive Director 491 Airport Road 491 Airport Road Winchester,Virginia 22642 (Rt. 645, off of Rt. 522 South) (540) 662-2422 Winchester, Virginia Applicant: It is your responsibility to complete this form as accurately as possible in order to assist the agency with their review. Also, please attach two (2) copies of your application form, location map and all other pertinent information. Applzcant's Name: ] :�1 rt; i 1 1 „,tc{ S � Telephone: 5-=-J c -L L>L) -13 j Mailing Address: ,2 i S JD ci,-%f 1 Name ofA development and/or description - of the request: Location of Property: tSj�1C�� Winchester Regional Airport Comments: Winchester Regional Airport- Signature& Date: - 7Z2 I Notice to Winchester Regional Airport- Please JR. t += n Form to Applicant 16 N �°%'. ,u" OWNERS CERTIFICATE !Q C A T `-r t9, ;ec'23 �, �` ,+✓Orth.9fate /!lt SXSJem- - - I N SSZJ9f+AJ •'"E•?,037,lST.bS p tt `� 41e, Yfii.7iC, jN1;. A MARYLAND C,irsiPORATIOtd 8Y DON n. LAI.15U,iii., . .SIDE:.'T, AND JEAN LAMOGRYE, t.1 �' I• n aI ':ECH%TARY•TREA KhiF:, HEREBY ADOPT THIS GU3• A=SSTAiStT IVF �Q TRAIL i� ti� '•IVISIOFt AS AP.':ARC IN THIS'PLAT. �c�a I:•^3't; 811FO`4✓=,E SYG0.00•., ' f k•• THE PI{UPRIE:C i;i A.U.' OIXIERS ABC OR PURCHAS- ERS k,,r I ,," �,`` OF THE L075 JELIN£ATE HEREON SHALL ?A7 -..-.,L' t� `=' :::�..><�'•_��QQ •P31 oO, ry� � !•' •_rUEJT THE BGA.". OF S:Jr F:;VISIOR5 OF FREDERICK + pi 4'/69.zs / �Q / �� :RUNTY, VIRiINIA, C' THE VIRrINIA DEPARTNEUT g pgppy \ fl j '� \ -y�ra�• u HTGIM;AYS TO INCUHPU9ATL THE STREETS SHaWQN a t/4 "f^ Q. P 1f :iE"CON INTL THE HIGH4AY SYSTEM UYTIL THE SAI. �.•'-"'� N-4&•!O.'4/='W ? q 'h YQpp01f �,rlb 4`, 'I's:`�o ,► / ,, PAOi^RIETG:.S E LOT UWKNE HAVE INSTALLED STRi.t.T • .$ s.. S4 p' `+< 4k" nyb •�?, Gb�'�•r *� 4 IMPHDVEMENTR TO'THE SPECIFICATIONS OF THE- j .• T �. f� 4al VIRGINIA DEPARTMENT OF HIGHWAYS, t �; �s: u,' S -x► Sca/e l=IDD' THIO SUBDIVISION 35 4tITH THE FREE fX7PiSfNT "L'/ 'r AND IN ACCORDANCE WITH THE DESIRES OF THE +a-*14. ° -1A;voo! �,o Wo '?1M / /O+dsr'P" ,�i NO' V, 'a4�• PROPRIETORS ANU.TRUSTEES'DESIONATED„HEREON. , 44 S- G9^/t?'d/-,E '���{ 07� v \ THE TRUSTEES ARE SEORSE 5. SMARR, JR., THOMAS ' 'e?�'Q'�' \ Y. t•56NnHA:i AND JOSEPH A. MASSIF JP.. ANYUNE i i I�'k'O^• {4 A�'�/ s^`r•?ii' �' `n'na�I.`t` A`':�S.y'7� OF WHOM CAN SIGN FOR ASSENT. zleo ' h yo PQQ90p �*4 ?q/92p z 27,7"'1 P t, iC' K .TA/TE: ,p MARJEC.. INC. s N-_•FB_/dot'-W. t y W'$* s-datU'cJ^'-f 3� 0�2'd0— JYXlG�E4i6ATTF.ST:1 - r✓..�..r yc,: 1 i- 40JJ fl -101 LAMEi7R1 , nE:,. 1:r �AM OR , 'iC.-TH. zap” , JBr74.� _ . 5 f88 ?• 1 ... F,F w WE MCAERY ASSENT TO THIS MAN: n $, 141W A TQC 7/7ASOAO '• ,, oma : .•:! SIO' _d TCr 0- 740' 'h ?00` .3s i S•' .� � t 66' N-S56,{�T7.Q9 hL3Sy°Yr2%6 •• .• K•�$' lO,ngV'�N/ j.2O.dO'.... - i _. .•. "-E•,?03T,Jax.7? Ezo �srJ6 ;:. FINAL PLAT o. s ENON SPRINGS i TMCMALI AREA SW00M ON THIS PLAT!S 20,/,V SQUARE FEET PLAT 14 SEC ION Z+3 ogm COUNTY HEALTH WARTMElOR 6 x70 ACRES."iNCLUQfN6 7RAIZS AS SHOWN. *. LOTS APpROVED'DN w /s' F/.' uiurrio MS ONLY SURVEYORS CERTIFICATE ` -� Icm +' .AtY.t 1 HEREBY CERTIFY THAT THf'PLAM SNOW#HEREON .w $AMIfARUIq I JS CORRECT; THAT IT JS A SURDIVISION OF PART OF THAT LAND CONVEYED$Y ROBERT CONE WILLIAMS AND L O"TEQ ABOUT IO M LE,S•WE,ST'•OF XARdFC. .,,� p• BY OECD DATED JUNE it, 1956. AND RECORDE {�1 O�►6:r� /�jJ DEED BOOK ?•Y.PAGE Y6 OF THE LANO N" WIN{I ET ESTER •, FREDERICK COUNTY, VIRGINIA; AND TM£PR RTY ' CORNERS ARE IN PLACE AS. SHOWN MCREOM, O CAUJU E.ECpM -A _ •,'�.� t f DATE. CERTirICATE N& > BAcK CREEK DISTRICT CARRELL E.R Gel? _ FREDt CERTIFIED LAND SUR VIRGINIA ERICK COUNTY' V/RG/NlA CERTIFICATE y? M 245 .j ORDINANCE • `1pG f,Y L73 Action: PLANNING COMMISSION: July 1, 2020 Recommended Approval BOARD OF SUPERVISORS: August 12, 2020 ORDINANCE CONDITIONAL USE PERMIT #04-20 ROBERT S. BLANKINSHIP, ETALS WHEREAS, CONDITIONAL USE PERMIT APPLICATION #04-20 was submitted by George P. Hughes on behalf of Robert S. Blankinship to construct a commercial telecommunication facility consisting of a 70-foot commercial telecommunication facility and accessory structure was considered. The property is located at 100 Archwood Trail, Winchester, Virginia and is further identified with Property Identification Number 491303-123-215 in the Back Creek Magisterial District; and WHEREAS, the Frederick County Planning Commission held a public hearing on this Conditional Use Permit on July 1, 2020 and recommended approval of this Conditional Use Permit; and WHEREAS,the Frederick County Board of Supervisors held a public hearing on this Conditional Use Permit during their regular meeting on August 12, 2020; and, WHEREAS, the Frederick County Board of Supervisors finds the approval of this Conditional Use Permit to be in the best interest of the public health, safety, welfare, and in conformance with the Comprehensive Plan; NOW, THEREFORE, BE IT ORDAINED by the Frederick County Board of Supervisors that Chapter 165 of the Frederick County Code,Zoning,is amended to revise the zoning map to reflect that Conditional Use Permit Application # 04-20 for a commercial telecommunication tower consisting of a 70-foot commercial telecommunication facility and accessory structures on the 246 parcel identified with Property Identification Number 491303-123-215 is approved with the following conditions: 1. All review agency comments and requirements shall be complied with at all times. 2. The tower shall be available for collocating personal wireless service providers. 3. The tower shall be removed by the Applicant or Property Owner within twelve (12)months of abandonment of operation. 4. Any expansion or modification of this use will require a new Conditional Use Permit. This ordinance shall be in effect on the date of adoption. Passed this 12th day of August 2020 by the following recorded vote: Charles S. DeHaven, Jr., Chairman Shawn L. Graber J. Douglas McCarthy Robert W. Wells Gene E. Fisher Judith McCann-Slaughter Blain P. Dunn A COPY ATTEST Kris C. Tierney Frederick County Administrator PDRes424-20 BOS Res. 247 'r ` r Board of Supervisors Agenda Item Detail . Meeting Date: August 12, 2020 ��GrN Agenda Section: County Officials Title: Draft Update of the 2020-2021 Frederick County Primary and Interstate Road Improvement Plans - The Primary and Interstate Road Improvement Plans Establish Priorities for Improvements to the Primary and Interstate Road Networks within Frederick County. Comments from the Transportation Committee will be Forwarded to the Planning Commission and Board of Supervisors. Ultimately, the Priorities Adopted by the Board of Supervisors will be Forwarded to the Commonwealth Transportation Board for consideration. The Virginia Department of Transportation and the Board of Supervisors for the County of Frederick, Virginia, in Accordance with Section 33.2-331 of the Code of Virginia, will Conduct a Joint Public Hearing. The Purpose of this Public Hearing is to Receive Public Comment on the Proposed Six Year Plan for Secondary Roads for Fiscal Years 2021 Through 2026 in Frederick County and on the Secondary System Construction Budget for Fiscal Year 2021. Attachments: BOS08-12-201 nterstateAndPrimaryRoadl mprovementPlans.pdf 248 f ` COUNTY of FREDERICK Department of Planning and Development 540/665-5651 Fax: 540/665-6395 MEMORANDUM TO: Frederick County Board of Supervisors FROM: John A.Bishop,AICP,Assistant Director-Transportation RE: Update of the Interstate and Primary Road Plans DATE: July 31,2020 This is a public hearing item to consider the update of the 2020 — 2021 Interstate and Primary Road Plans. The Secondary Road Plan update will come at a future date once VDOT has finished updating statewide revenue projections. Summary of Changes: Updates to the priorities which are being recommended are for the reasons of consistency between the plans and for continuity and support of the Board's SmartScale applications. Interstate Plan Updates are as follows: 1. Updated Language for Exit 317 to a more general description that will adequately address the fact that multiple improvements are being sought. 2. Clarify the need for improvements to existing Exit 307, as well as, the desire for the eventual relocation of Exit 307 Primary Plan Updates are as follows: 1. Remove the first Segment of the Route 277 improvements since that is now beginning construction. The Transportation Committee reviewed this item on July 27' and has recommended approval. The Planning Commission is reviewing the draft plans on August 5' and staff will update the Board as to the disposition of their recommendation at the meeting. Staff is seeking approval of the updated Interstate and Primary plans. Attachments JAB/pd 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 249 2020-2021 INTERSTATE ROAD IMPROVEMENT PLAN for FREDERICK COUNTY, VIRGINIA OA 173 Frederick County Transportation Committee: 7/27/2020 Frederick County Planning Commission: 8/5/2020 Frederick County Board of Supervisors: 250 I-81 Improvements: Provide additional travel lanes on the main line, evaluate collector-distributor lanes adjacent to the main line, modifications to existing interchange areas, and develop new interchange areas and bridge crossings of the main line as recommended by the WinFred MPO Long Range Plan. In addition, as the State continues to work toward an ultimate plan for the I-81 widening, the County of Frederick continues to support the study of Eastern Route 37 as a potential corridor on new location as an alternative for that effort. Moreover, the County of Frederick supports exploration of the potential for rail transportation as a component of the Interstate 81 Corridor improvements. Interchange Priorities 1. Exit 313 - Bridge reconstruction, safety improvements, and capacity expansion. 2. Exit 317 — Interchange Upgrade and Redbud Road realignment to accommodate interchange upgrade. 3. Exit 310 - Phase 2 of the FHWA approved interchange modifications. 4. Exit 307 — Safety and capacity improvements to the existing facility while continuing to promote the future relocation further south to the South Frederick Parkway. 5. Exit 307 —Ramp Relocation Interstate Widening Priorities 1. Widen 1-81 from Route 50/17 Exit 313 to Route 11 Exit 317 2. Widen I-81 from Route 277 Exit 307 to Route 50/17 Exit 313. This should include the relocation of Exit 307. 3. Widen I-81 in Frederick County from Route 11 Exit 317 to the West Virginia State line 4. Widen I-81 in Frederick County from Route 277 Exit 307 to the Warren County Line in the South Intelligent Transportation Systems and Incident Management 1. Increase of VDOT safety patrols. 2. Implement more variable message signs along the I-81 corridor and approaches. 251 81• ONEs IRE Ar �i, �R W.-F, An �'�� Interstate Road ► �"' ��� '`� Irn • ro�ement Plan /InterchangeI Impromement Priorities Priority 1 (� Exit 313 Bridge Reconstruction, Safety Improvements,and ♦�j }}� Capacity Expansion Cid Priority 2 1, Exit 317 Interchange Upgrade and Redbud Rd Realignment to Accomodafe Interchange Upgrade %� � Priority 3 �.�.. Exit 310 Phase II of the Interchange Upgrade Priority 4 �• l* �� Exit 307 Safety and Capacity .` Improvements to Existing Location •�tM��a and Promote Future Realignment Priority 5 OP� . Exit 307 Ramp Relocation t 01 Widening Priorities Priority 1 Widen I-81 from Exit 313 to Exit 317 Priority 2 i Widen I-81 from Exit 307 to Exit 313 • Priority 3 �.• Widen Remainder of 1-81 North Priority 4 Widen Remainder of 1-81 South 481 �" 0 1.25 2.5 5 Miles 2020-2021 PRIMARY ROAD IMPROVEMENT PLAN for FREDERICK COUNTY, VIRGINIA 1 r 1738 Frederick County Transportation Committee: 7/27/2020 Frederick County Planning Commission: 8/5/2020 Frederick County Board of Supervisors: 253 All upgrades to primary system roadways that are not limited access should include implementation of access management principles to improve safety and efficiency wherever possible. 1) Route 37 Bypass A. Route 37 -Phase 1 Initiate final engineering and design, acquire right-of-way, and establish a construction phase schedule for the southern segment of the Route 37 Eastern Bypass from Interstate I-81 to Front Royal Pike (Route 522 South). B. Route 37 -Phase 2 Initiate final engineering and design, acquire right-of-way, and establish a construction phase schedule for the preferred alternative between existing Route 11 North and Route 7. C. Route 37 -Phase 3 Initiate final engineering and design, acquire right-of-way, and establish a construction phase schedule for the preferred alternative between Route 7 and Route 522. D. Route 37—Phase 4 Initiate final engineering and design, acquire right-of-way, and establish a construction phase schedule for the preferred alternative between Existing Route 37 around Stonewall Industrial Park to Route 11 North. 2) Route 11 (North and South of Winchester) A) Establish an Urban Divided Six Lane System: From: Northern limits of the City of Winchester To: Intersection of Cedar Hill Road B) Establish an Urban Divided Four Lane System: From: Southern limits of the City of Winchester To: Renaissance Drive C) Establish an Urban Divided Four Lane System: From: Intersection of Cedar Hill Road To: West Virginia line 3) Route 277 (East of Stephens City) Upgrade of the overall corridor to a 4-lane divided system with improved access management and bicycle and pedestrian facilities. 254 A) Establish an Urban Divided Four Lane System: From: Double Church Road To: Warrior Drive B) Establish an Urban Divided Four Lane System: From: Warrior Drive To: White Oak Road C) Establish an Urban Divided Four Lane System: From: White Oak Road To: Route 277 4) Route 7—Establish a 6 Lane Cross Section: From: Exit 315 Interchange To: Future Route 37 Interchange 5) Route 50 East and West A) Establish a 6 Lane Cross Section: From: The Interchange at Exit 313 To: The Future Route 37 Interchange B) Establish a 6 Lane Cross Section: From: The Interchange with Route 37 To: Poorhouse Road 6) South Frederick County Parkway: From: Relocated Exit 307 To: Intersection with Route 277 approximately 1 mile west of the intersection of Route 277 and Route 522 This is a new planned roadway with limited access points serving a mixture of predominantly commercial and industrial development. There is a need to study this project in conjunction with the Exit 307 relocation and planning for Route 277 improvements noted in item 3. Phasing of this project is not yet clearly defined; however general phasing would be from West to East with the clear first phase being from relocated Exit 307 to Warrior Drive. 255 7) Route 522 and Costello Drive Add additional left turn lane capacity on Route 522 southbound for turns onto Costello Drive. 8) Commuter Park and Ride Lots Establish a new park and ride facility along the Berryville Pike (Route 7) corridor. Work with the Northern Shenandoah Valley Regional Commission to determine appropriate locations for park and ride facilities at other strategic locations within the County's Urban Development Area. For Park and Ride locations in Frederick County, the primary goal should be that they are situated in such a manner that they reduce traffic in Frederick County in addition to adjacent localities. 256 81•, 2C � i 1D �� • r � 1B 2A Primary Road SB ^•A,� �,: � ��;,; Improvement � Plan Route 37 Bypass Phases '�C-.�������►87 �- -'♦ V��� Priority 1 A Priority 1 B ,•_v �•� !!`, � � , ����N Priority 1C �� �-'� ,�•��� `!' Priority 1 D 5A Route 11 North&South Priority 2A Priority 2B II ♦ is r Priority 2C Route 277 East of Stephens City . / 2B Priority 3A Priority 3B .;. ; Priority 3C i 'lA Route 7 Priority 4 1 .� �' ♦ Route 50 Priority 5A „1 �♦w��� IZ Priority 5B • �`%l�,,t� C��._ � South Frederick County Parkway Priority 6 Route 522&Costello Dr 3A�J 3B 0 Priority 7 Commuter- Park& Ride Lots ( Priority 8 0 0.5 1 2 Miles RESOLUTION CO 2020-2021 INTERSTATE ROAD IMPROVEMENT PLAN w aarni 173E WHEREAS,the Frederick County Transportation Committee recommended approval of this plan on July 27,2020; and, WHEREAS, the Frederick County Planning Commission held a public hearing and recommended approval of this plan at their meeting on August 5,2020; and, WHEREAS, the Frederick County Board of Supervisors had previously agreed to assist in the preparation of this plan in accordance with the Virginia Department of Transportation's policies and procedures and participated in a public hearing on the proposed Plan, after being duly advertised so that all citizens of the County had the opportunity to participate in said hearing and to make comments and recommendations concerning the proposed Plan and Priority List; and, WHEREAS, the Frederick County Board of Supervisors support the priorities of the interstate road improvement projects for programming by the Commonwealth Transportation Board and the Virginia Department of Transportation; NOW,THEREFORE,BE IT RESOLVED by the Frederick County Board of Supervisors as follows: The 2020-2021 Interstate Road Improvement Plan appears to be in the best interest of the citizen of Frederick County and the Interstate Road System in Frederick County; and therefore, the Frederick County Board of Supervisors hereby approves the 2020-2021 Interstate Road Improvement Plan and Construction Priority List for Frederick County, Virginia as presented at the public hearing held on August 12,2020 This resolution was approved by the following recorded vote: Charles S. DeHaven,Jr., Chairman Gary A. Lofton J. Douglas McCarthy Robert W.Wells Gene E.Fisher Judith McCann-Slaughter Blaine P. Dunn Shawn L. Graber A COPY ATTEST Kris C. Tierney Frederick County Administrator PDRes.922-20 258 RESOLUTION CO 2020-2021 PRIMARY ROAD IMPROVEMENT PLAN w aarni 173E WHEREAS,the Frederick County Transportation Committee recommended approval of this plan on July 27,2020; and, WHEREAS, the Frederick County Planning Commission held a public hearing and recommended approval of this plan at their meeting on August 5,2020; and, WHEREAS, the Frederick County Board of Supervisors had previously agreed to assist in the preparation of this plan in accordance with the Virginia Department of Transportation's policies and procedures and participated in a public hearing on the proposed Plan, after being duly advertised so that all citizens of the County had the opportunity to participate in said hearing and to make comments and recommendations concerning the proposed Plan and Priority List; and, WHEREAS, the Frederick County Board of Supervisors support the priorities of the interstate road improvement projects for programming by the Commonwealth Transportation Board and the Virginia Department of Transportation; NOW,THEREFORE,BE IT RESOLVED by the Frederick County Board of Supervisors as follows: The 2020-2021 Primary Road Improvement Plan appears to be in the best interest of the citizen of Frederick County and the Interstate Road System in Frederick County; and therefore, the Frederick County Board of Supervisors hereby approves the 2020-2021 Primary Road Improvement Plan and Construction Priority List for Frederick County, Virginia as presented at the public hearing held on August 12,2020 This resolution was approved by the following recorded vote: Charles S. DeHaven,Jr., Chairman Gary A. Lofton J. Douglas McCarthy Robert W.Wells Gene E.Fisher Judith McCann-Slaughter Blaine P. Dunn Shawn L. Graber A COPY ATTEST Kris C. Tierney Frederick County Administrator PDRes.923-20 259 'r ` r Board of Supervisors Agenda Item Detail . Meeting Date: August 12, 2020 ��GrN Agenda Section: County Officials Title: Request to Set Public Hearing - Ordinance Amendment — Day-Care Facilities Attachments: BOS08-12-200rdinanceAmendment-DayCareFacilities.pdf 260 f COUNTY of FREDERICK Department of Planning and Development ry, 540/665-5651 "S Fax: 540/665-6395 MEMORANDUM TO: Frederick County Board of Supervisors FROM: M. Tyler Klein, AICP, Senior Planner ' SUBJECT: Ordinance Amendment—Day-Care Facilities DATE: July 29, 2020 This is a request from a local engineering firm to expand the definition for"Day-Care Facility" to include "adult-care." The current definition for"Day-Care Facility" limits this service to children only. An amendment to the definition is proposed as follows: A facility in which more than five children and/or adults, not including persons ehikh-en who are related by blood, marriage or adoption to the people who maintain the facility, are received for care, protection and guidance during only part of the twenty-four-hour day. The Development Review and Regulations (DRRC) discussed this item on June 25th. The DRRC generally supported the proposed ordinance amendment to expand the definition for "Day-Care Facility"to include"adult-care" noting a pressing need in the community for care of elderly and/or disabled adults during the workweek. The Planning Commission will discuss this item on August 5th. Any comments from the Planning Commission discussion will be provided to the Board of Supervisors at the meeting. The attached document shows the existing ordinance with the proposed changes supported by the DRRC(with bold italic for text added). Staff is seeking direction from the Board of Supervisors on the appropriateness of this request and if the item is ready to be sent forward for public hearing. Attachments: 1. Revised ordinance with additions shown in bold underlined italics. 2. Zoning Ordinance Amendment Cover Letter from Greenway dated June 11,2020 3.Adult-Day Care & In-Home Care Cost Comparison Table 4. Resolution MTK/pd 261 Draft 6/12/2020 ARTICLE I General Provisions,Amendments and Conditional Use Permits Part 101 General Provisions §165-101.02 Definitions and word usage. Day-Care Facility A facility in which more than five children and/or adults,not includingep rsons r-hildpom who are related by blood,marriage or adoption to the people who maintain the facility, are received for care,protection and guidance during only part of the twenty-four-hour day. 262 151 Windy Hill Lane GREENWAY Winchester, VA 22602 ENGINEERING June 11, 2020 Frederick County Planning Department Attn: Tyler Klein, Senior Planner 107 North Kent Street Winchester, VA 22601 RE: Day-Care Facility Definition Zoning Ordinance Amendment Request Dear Tyler: The purpose of this letter is to request consideration of a Zoning Ordinance Amendment for the current definition of Day-Care Facility to expand this service from child-care only to include adult-care (commonly referred to as Intergenerational Day-Care). Intergenerational Day-Care Facilities are designed and programmed to bring together two different generations both requiring care. Intergenerational Day-Care facilities exist in many communities and are gaining in popularity as they provide working families with an affordable option to obtain quality day-care services for their aging parents and their children. The current definition for Day-Care Facilities limits this service to children which limits working families to contracting in-home day-care services which are cost prohibitive for many families. The benefits of Intergenerational Day-Care Facilities include the following: ➢ Day-care service opportunities for working families with elderly parents and children ➢ Affordable day-care service options ➢ Provides sense of purpose, enhances dignity and improves social outcomes for adult participants ➢ Provides children with opportunities to learn from, and connect with, older generations Improves children's social behaviors of sharing, assisting and cooperating with older generations ➢ Provides community with a positive and beneficial land use service ➢ Provides efficiencies for facility operations and programming that allow for cost affordable services to working families The attached Zoning Ordinance Amendment proposal provides for a single definition that allows for child day-care and/or adult day-care facilities which follows the framework of the existing day-care definition. Greenway Engineering researched the Frederick County Zoning Ordinance to determine Engineers Surveyors Planners Environmental Scientists Laboratory QC Inspection Services Telephone 540-662-4185 Fax 540-722-9528 www.greenwayeng.com File#2039/EAW I 263 which zoning districts permit Day-Care Facilities as a permitted land use or as a land use that would be permitted through the issuance of a Conditional Use Permit and identified the following: ➢ RA District: Identifies Day-Care Facilities by definition with a Conditional Use Permit ➢ RP District: Identifies Day-Care Facilities by definition with a Conditional Use Permit ➢ R4 District: Permitted Land Use SIC 835 ➢ B1 District: Permitted Land Use SIC 835 ➢ B2 District: Permitted Land Use SIC 835 Greenway Engineering researched the SIC Manual and would note that SIC 835 is specific to Child Day Care Services and that ,SIC 832 provides for Adult Day Care Centers as well as a variety of individual and family social services land uses. Therefore, it is recommended that Frederick County consider adoption of a singular definition for Day-Care Facilities as proposed on the attachment and remove the SIC 835 classification within the R4 District, B 1 District and B2 District to allow the land use specific to the proposed definition. Please contact me if you have any questions regarding this request or if you need any additional information for the June 25, 2020 DRRC Meeting Agenda. Sincerely, Evan Wyatt, Director of Land Planning Greenway Engineering, Inc. Cc: Jeannie Shiley, SVWC Executive Director Attachment: Day-Care Definition Amendment 264 Day-Care Definition Amendment Purpose The purpose of this request is to expand on the current definition for Day-Care Facility from child- care only to also include adult-care. The expanded definition will allow Frederick County to provide opportunities for intergenerational day-care facilities to residents of the community which has become an identified need for working families throughout the Country. Intergenerational Day-Cage facilities provide working families with an affordable option to obtain quality day-care services for their aging parents and their children through facility design and programming that meets the needs of both generations. The Frederick County Zoning Ordinance currently allows Day-Care Facilities by definition in the RA District and the RP District through the issuance of a Conditional Use Permit and allows Child Day Care Services as a permitted land use under SIC 835 in the R4 District, B 1 District and B2 District. It is recommended that Frederick County consider adoption of a singular definition for Day-Care Facilities and allow this land use by definition in the RA District and the RP District through the issuance of a Conditional Use Permit and as a permitted land use in the R4 District, B 1 District and B2 District by definition instead of the SIC 835 classification. Current Definition §165-101.02 Day C i-e Facilitiv: A facility in which more than five children, not including children who are related by blood, marriage or adoption to the people who maintain the facility, are received for care, protection and guidance during only part of the twenty-four-hour day. Proposed Amendment to Definition §165-101.02 Dai, Care Facilitw A facility in which more than five children and/or adults, not including children who are related by blood, marriage or adoption to the people who maintain the facility, are received for care, protection and guidance on a regular basis during only part of the twenty- four-hour day. Day-Care Facility Definition Amendment 1 6-11-2020 265 Adult Day Care vs. In-Home Care Cost Comparison 2019 National Average Costs Type of Service Daily Median Cost Monthly Median Cost Annual Median Cost Adult Day Care Service $75 $1,625 $19,500 In-Home Care Service $141 $4,290 $51,480 Source: Genworth Financial, Inc. Cost of Care Survey 266 4�C f CO�� w RESOLUTION w ytai 1730 Action: Approved BOARD OF SUPERVISORS: August 12, 2020 RESOLUTION DIRECTING THE PLANNING COMNIISSION TO HOLD A PUBLIC HEARING REGARDING CHAPTER 165,ZONING ARTICLE I GENERAL PROVISIONS; AMENDMENTS; AND CONDITIONAL USE PERMITS PART 101 —GENERAL PROVISIONS §165-101.02—DEFINITIONS AND WORD USAGE WHEREAS, an ordinance to amend Chapter 165, Zoning to amend the definition contained in §165-101.02 Definitions and word usage for"Day-Care Facility"; and WHEREAS, the proposed changes expand the Zoning Ordinance definition for "Day- Care Facility" to include the care, protection and guidance of adults in addition to children; and WHEREAS, The Development Review and Regulation Committee (DRRC) reviewed the proposed changes at their June 25, 2020 regular meeting; and WHEREAS,the Planning Commission discussed the proposed changes at their regularly scheduled meeting on August 5, 2020 and agreed with the proposed changes; and WHEREAS,the Board of Supervisors discussed the proposed changes at their regularly scheduled meeting on August 12, 2020. WHEREAS,the Frederick County Board of Supervisors finds that in the public necessity, convenience, general welfare, and good zoning practice, directs the Frederick County Planning Commission hold a public hearing regarding an amendment to Chapter 165; and PDRes 428-20 267 NOW, THEREFORE, BE IT REQUESTED by the Frederick County Board of Supervisors that the Frederick County Planning Commission shall hold a public hearing to expand the definition for"Day-Care Facility" to included"adult-care." Passed this 12th day of August 2020 by the following recorded vote: Charles S. DeHaven, Jr., Chairman Gene E. Fisher J. Douglas McCarthy Judith McCann-Slaughter Robert W. Wells Blaine P. Dunn Shawn L. Graber A COPY ATTEST Kris C. Tierney, Frederick County Administrator PDRes 428-20 268