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October 13 2021 Regular Meeting Minutes 109 MINUTES REGULAR MEETING FREDERICK COUNTY BOARD OF SUPERVISORS WEDNESDAY, OCTOBER 13, 2021 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; Judith McCann-Slaughter; J. Douglas McCarthy; Shawn L. Graber; and David D. Stegmaier were present. Blaine P. Dunn was absent. Staff present: Mary Beth Price, Interim County Administrator; Jay E. Tibbs, Deputy County Administrator; Roderick B. Williams, County Attorney; Karen Vacchio, Public Information Officer; Wyatt Pearson, Planning Director; Candice Perkins, Assistant Director of Planning; Tyler Klein, Senior Planner; Mark Cheran, Zoning & Subdivision Administrator; Steve Majchrzak, Fire Chief; Cheryl Shiffler, Finance Director; Rich Venskoske, Director of Elections/General Registrar; Scott Varner, Director of Information Technologies; Patrick Fly, Assistant Director of Information Technologies; Tamara Perez, Director of Emergency Communications; Austin Cano, Assistant County Attorney; and Ann W. Phillips, Deputy Clerk to the Board of Supervisors. CALL TO ORDER Chairman DeHaven called the meeting to order at 7:00 p.m. INVOCATION Pastor Ross Halbersma, New Hope Alliance Church, delivered the invocation. PLEDGE OF ALLEGIANCE Vice Chairman Wells led the Pledge of Allegiance. ADOPTION OF AGENDA—APPROVED On motion of Supervisor McCarthy, seconded by Vice Chairman Wells, the proposed agenda was amended with the removal of item 9.A. 13. Supervisor McCarthy moved for approval Minute Book 47 Board of Supervisors Regular Meeting of October 13, 2021 County of Frederick, Virginia 110 of the agenda as amended. The motion was seconded by Supervisor Graber and carried on a voice vote. CITIZEN COMMENTS - None ADOPTION OF CONSENT AGENDA—APPROVED Supervisor Slaughter moved for adoption of the consent agenda as presented. Supervisor McCarthy seconded the motion which carried on a recorded vote as follows: Blaine P. Dunn Absent David D. Stegmaier Aye Shawn L. Graber No Robert W. Wells Aye J. Douglas McCarthy Aye Charles S. DeHaven, Jr. Aye Judith McCann-Slaughter Aye -Approval of Regular Meeting Minutes of September 22, 2021- CONSENT AGENDA APPROVAL -Acceptance of Finance Committee Report September 15, 2021 - CONSENT AGENDA APPROVAL, Appendix 1 -Acceptance of Transportation Committee Report September 27, 2021 - CONSENT AGENDA APPROVAL,Appendix 2 - Confirmation of Granting Voting Credentials on Behalf of Frederick County to Deputy County Administrator Jay Tibbs for the 2021 Virginia Association of Counties Conference—CONSENT AGENDA APPROVAL - Request for Approval to Conduct Rabies Clinics in 2022—CONSENT AGENDA APPROVAL -Approval to Set a Public Hearing on Adoption of Decennial Redistricting of County Magisterial Districts and Precincts- CONSENT AGENDA APPROVAL - Resolution for Addition to Secondary System of State Highways—Snowden Bridge Boulevard Extension—CONSENT AGENDA APPROVAL 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, Minute Book 47 Board of Supervisors Regular Meeting of October 13, 2021 County of Frederick, Virginia 111 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. - Resolution for Addition to Secondary System of State Highways—Snowden Bridge, Section 8—CONSENT AGENDA APPROVAL 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. + + + + + + + + + + + + + + BOARD OF SUPERVISORS COMMENTS Supervisor Graber discussed the agenda item that had been removed and sent back to committee. He thanked the Interim County Administrator for her work in answering questions about the topic. Supervisor McCarthy thanked the County Attorney and the Information Technology staff who have recently completed work on the decennial redistricting project. COUNTY OFFICIALS APPOINTMENT OF MICHAEL BOLLHOEFER AS COUNTY ADMINISTRATOR- APPROVED Vice Chairman Wells moved that that the Board of Supervisors of Frederick County adopt a resolution appointing Michael Bollhoefer as the County Administrator and authorizing the Minute Book 47 Board of Supervisors Regular Meeting of October 13,2021 County of Frederick, Virginia 112 Chairman to enter into a contract on behalf of the County, consistent with the Board's previous deliberations, said employment to commence November 16, 2021, or as soon as possible thereafter on a date to be determined and upon the commencement of the service of Michael Bollhoefer as County Administrator, the duly authorized signatories on the County's checks are Treasurer C. William Orndoff, Jr., and County Administrator Michael Bollhoefer. Supervisor McCarthy seconded the motion which carried on a recorded vote as follows: Blaine P. Dunn Absent David D. Stegmaier Aye Shawn L. Graber Aye Robert W. Wells Aye J. Douglas McCarthy Aye Charles S. DeHaven, Jr. Aye Judith McCann-Slaughter Aye TOURISM UPDATE—JUSTIN KERNS, EXECUTIVE DIRECTOR, WINCHESTER- FREDERICK COUNTY CONVENTION &VISITORS BUREAU Justin Kerns, Executive Director of the Winchester-Frederick County Convention & Visitors Bureau provided an update on the Bureau's activities and thanked the Board for supporting the Bureau. HUGH VAN METER REAPPOINTED AND RHONDA SARGENT APPOINTED TO SHAWNEELAND ADVISORY COMMITTEE -APPROVED Supervisor Graber moved to reappoint Hugh Van Meter to a term ending November 9, 2023, and to appoint Rhonda Sargent to serve a two-year term ending October 13, 2023, on the Shawneeland Advisory Committee. Supervisor McCarthy seconded the motion which carried on a voice vote. ROBERT MOLDEN RE-APPOINTED TO HISTORIC DISTRICT ADVISORY BOARD— APPROVED Vice Chairman Wells moved to re-appoint Robert Molden to a four-year term ending November 8, 2025, on the Historic Resources Advisory Board. Supervisor McCarthy seconded the motion which carried on a voice vote. + + + + + + + + + + + + + + Minute Book 47 Board of Supervisors Regular Meeting of October 13, 2021 County of Frederick, Virginia 113 RESOLUTION APPROVING OF THE COUNTY'S PARTICIPATION IN THE PROPOSED SETTLEMENT OF OPIOID-RELATED CLAIMS AGAINST MCKESSON, CARDINAL HEALTH, AMERISOURCEBERGEN, JANSSEN, AND THEIR RELATED CORPORATE ENTITIES, AND DIRECTING THE COUNTY ATTORNEY AND/OR THE COUNTY'S OUTSIDE COUNSEL TO EXECUTE THE DOCUMENTS NECESSARY TO EFFECTUATE THE COUNTY'S PARTICIPATION IN THE SETTLEMENTS-APPROVED County Attorney Williams explained the status of the settlement. Supervisor McCarthy moved for adoption of the proposed resolution and Supervisor Stegmaier seconded the motion. Supervisor Graber said he was not in favor penalizing the companies that make life saving drugs but would vote for the resolution to close out the matter. Supervisor McCarthy noted the opioid crisis is costly to taxpayers. The motion carried on a recorded vote as follows: Blaine P. Dunn Absent David D. Stegmaier Aye Shawn L. Graber Aye Robert W.Wells Aye J. Douglas McCarthy Aye Charles S. DeHaven, Jr. Aye Judith McCann-Slaughter Aye RESOLUTION Approving of the County's Participation in the Proposed Settlement of Opioid-Related Claims against McKesson, Cardinal Health,AmerisourceBergen,Janssen, and Their Related Corporate Entities, and Directing the County Attorney and/or the County's Outside Counsel to Execute the Documents Necessary to Effectuate the County's Participation in the Settlements WHEREAS, the opioid epidemic that has cost thousands of human lives across the country also impacts Frederick County by adversely impacting the delivery of emergency medical, law enforcement, criminal justice, mental health and substance abuse services, and other services by Frederick County's various departments and agencies; and WHEREAS, Frederick County has been required and will continue to be required to allocate substantial taxpayer dollars, resources, staff energy and time to address the damage the opioid epidemic has caused and continues to cause the citizens of Frederick County; and WHEREAS, Frederick County has filed suit against McKesson, Cardinal Health, AmerisourceBergen, and Janssen Pharmaceuticals, along with certain of their related corporate entities for their role in the distribution,manufacture, and sale of the pharmaceutical opioid products that have fueled the opioid epidemic that has harmed Frederick County; and WHEREAS, the County's suit seeks recovery of the public funds previously expended and to be expended in the future to abate the consequences and harms of the opioid epidemic; and WHEREAS, settlement proposals have been negotiated that will cause McKesson, Cardinal Health, AmerisourceBergen, and Janssen to pay up to $26 billion nationwide to resolve opioid-related claims against them; and WHEREAS, the County's outside opioid litigation counsel has recommended that the County participate in the settlements in order to recover its share of the funds that the settlement would provide; Minute Book 47 Board of Supervisors Regular Meeting of October 13,2021 County of Frederick, Virginia 114 and WHEREAS, the County Attorney has reviewed the available information about the proposed settlements and concurs with the recommendation of outside counsel; NOW THEREFORE BE IT RESOLVED that the Frederick County Board of Supervisors,this 13" day of October, 2021, approves of the County's participation in the proposed settlement of opioid-related claims against McKesson, Cardinal Health, AmerisourceBergen, Janssen, and their related corporate entities, and directs the County Attorney and/or the County's outside counsel to execute the documents necessary to effectuate the County's participation in the settlements,including the required release of claims against settling entities. + + + + + + + + + + + + + + COMMITTEE BUSINESS—FINANCE COMMITTEE Supervisor Slaughter moved for approval of the following: The Finance Director presents FY 2021 Year End financial information and requests a public hearing for a General Fund and County Capital Fund supplemental appropriation in the amount of$26.1 million. This amount represents General Fund fund balance in excess of 20% to be transferred to the Capital Fund Supervisor McCarthy seconded the motion which carried on a recorded vote as follows: Blaine P. Dunn Absent David D. Stegmaier Aye Shawn L. Graber Aye Robert W. Wells Aye J. Douglas McCarthy Aye Charles S. DeHaven, Jr. Aye Judith McCann-Slaughter Aye Supervisor Slaughter moved for approval of the following: The FCPS Executive Director of Finance requests School Operating Fund and General Fund supplemental appropriations in the amount of$454,276.12. This amount represents FY 2021 unspent restricted funds. Supervisor McCarthy seconded the motion which carried on a recorded vote as follows: Blaine P. Dunn Absent David D. Stegmaier Aye Shawn L. Graber No Robert W. Wells Aye J. Douglas McCarthy Aye Charles S. DeHaven, Jr. Aye Judith McCann-Slaughter Aye Supervisor Slaughter moved for approval of the following: The FCPS Executive Director of Finance requests a public hearing for a School Operating Fund supplemental appropriation in the amount of $13,562,792.89. This amount represents American Rescue Plan Act(ARPA)funds received directly by the schools for ESSER III and CSLFRF Supervisor McCarthy seconded the motion which carried on a recorded vote as follows: Minute Book 47 Board of Supervisors Regular Meeting of October 13, 2021 County of Frederick, Virginia 115 Blaine P. Dunn Absent David D. Stegmaier Aye Shawn L. Graber Aye Robert W. Wells Aye J. Douglas McCarthy Aye Charles S. DeHaven, Jr. Aye Judith McCann-Slaughter Aye Supervisor Slaughter moved for approval of the following: The FCPS Executive Director of Finance requests School Capital Projects Fund transfer from the County Capital Fund in the amount of $4,264,552. This amount represents unspent FY 2021 unobligated School Operating funds to be used for the purchase of (19) school buses and other capital projects. Supervisor McCarthy seconded the motion which carried on a recorded vote as follows: Blaine P. Dunn Absent David D. Stegmaier Aye Shawn L. Graber Aye Robert W. Wells Aye J. Douglas McCarthy Aye Charles S. DeHaven, Jr. Aye Judith McCann-Slaughter Aye Supervisor Slaughter moved for approval of the following: The Deputy County Administrator requests a Capital Projects fund transfer from the County Capital fund in the amount of $18,006,724. This amount represents funds needed for the public safety radio system replacement Supervisor McCarthy seconded the motion which carried on a recorded vote as follows: Blaine P. Dunn Absent David D. Stegmaier Aye Shawn L. Graber No Robert W. Wells Aye J. Douglas McCarthy Aye Charles S. DeHaven, Jr. Aye Judith McCann-Slaughter Aye Supervisor Slaughter moved for approval of the following: The Zoning Administrator requests a Development Projects and a General fund supplemental appropriation in the amount of $175,000. This amount represents funds needed for the completion of Yardmaster Court. Of that amount, $85,000 is local funds required. Supervisor McCarthy seconded the motion which carried on a recorded vote as follows: Blaine P. Dunn Absent David D. Stegmaier Aye Shawn L. Graber Aye Robert W. Wells Aye J. Douglas McCarthy Aye Charles S. DeHaven, Jr. Aye Judith McCann-Slaughter Aye Minute Book 47 Board of Supervisors Regular Meeting of October 13, 2021 County of Frederick, Virginia 116 Supervisor Slaughter moved for approval of the following: The Parks & Recreation Director requests a General Fund supplemental appropriation in the amount of $150,311. This amount represents a carry forward of unspent FY 2021 funds for the completion of the Old Charlestown Road Park Design. Supervisor McCarthy seconded the motion which carried on a recorded vote as follows: Blaine P. Dunn Absent David D. Stegmaier Aye Shawn L. Graber Aye Robert W. Wells Aye J. Douglas McCarthy Aye Charles S. DeHaven, Jr. Aye Judith McCann-Slaughter Aye Supervisor Slaughter moved for approval of the following: The Parks & Recreation Director requests a General Fund supplemental appropriation in the amount of $101,000. This amount represents a carry forward of unspent FY 2021 funds for the completion of the Abrams Creek Trail Design. Supervisor McCarthy seconded the motion which carried on a recorded vote as follows: Blaine P. Dunn Absent David D. Stegmaier Aye Shawn L. Graber Aye Robert W. Wells Aye J. Douglas McCarthy Aye Charles S. DeHaven, Jr. Aye Judith McCann-Slaughter Aye Supervisor Slaughter moved for approval of the following: The Parks & Recreation Director requests a General Fund supplemental appropriation in the amount of $55,000. This amount represents a carry forward of unspent FY 2021 proffer funds for the Bowman Amphitheater project. Supervisor Stegmaier seconded the motion which carried on a recorded vote as follows: Blaine P. Dunn Absent David D. Stegmaier Aye Shawn L. Graber No Robert W. Wells Aye J. Douglas McCarthy Aye Charles S. DeHaven, Jr. Aye Judith McCann-Slaughter Aye Supervisor Slaughter moved for approval of the following: The Fire & Rescue Chief requests a General Fund supplemental appropriation in the amount of $2,076. This amount represents proceeds from the sale of a 1986 fire engine. Supervisor McCarthy seconded the motion which carried on a recorded vote as follows: Blaine P. Dunn Absent David D. Stegmaier Aye Shawn L. Graber Aye Robert W. Wells Aye Minute Book 47 Board of Supervisors Regular Meeting of October 13, 2021 County of Frederick, Virginia 117 J. Douglas McCarthy Aye Charles S. DeHaven, Jr. Aye Judith McCann-Slaughter Aye Supervisor Slaughter moved for approval of the following: The Fire & Rescue Chief requests a General Fund supplemental appropriation in the amount of $48,250. This amount represents FY 2021 supplements for the volunteer fire companies. Supervisor McCarthy seconded the motion which carried on a recorded vote as follows: Blaine P. Dunn Absent David D. Stegmaier Aye Shawn L. Graber Aye Robert W. Wells Aye J. Douglas McCarthy Aye Charles S. DeHaven, Jr. Aye Judith McCann-Slaughter Aye + + + + + + + + + + + + + + PUBLIC HEARINGS (NON-PLANNING ISSUES) AMENDMENT TO THE 2021-2022 FISCAL YEAR BUDGET TO REFLECT AN ARPA FUND SUPPLEMENTAL APPROPRIATION IN THE AMOUNT OF $17,348,003 — APPROVED Chairman DeHaven opened the public comment period. There were no speakers. Chairman DeHaven closed the public comment period. Supervisor Graber moved that the Board adopt the resolution amending the budget to reflect a ARPA fund supplemental appropriation in the amount of $17,348,003 Supervisor McCarthy seconded the motion which carried on a recorded vote as follows: Blaine P. Dunn Absent David D. Stegmaier Aye Shawn L. Graber Aye Robert W. Wells Aye J. Douglas McCarthy Aye Charles S. DeHaven, Jr. Aye Judith McCann-Slaughter Aye RESOLUTION FISCAL YEAR 2021-2022 BUDGET AMENDMENT WHEREAS,the U.S. Congress passed and the President recently signed the American Rescue Plan Act (ARPA)of 2021; and Minute Book 47 Board of Supervisors Regular Meeting of October 13, 2021 County of Frederick, Virginia 118 WHEREAS,localities were allocated funding from the ARPA through multiple sources,but primarily from the Coronavirus State and Local Fiscal Recovery Funds(CSLFRF)allocations which the United States Treasury allocated to localities based on population;and WHEREAS,CSLFRF funds may be used for qualifying expenses to cover costs to a)respond to the public health emergency or its negative economic impacts;b)respond to workers performing essential work during the COVID-19 public health emergency;c)provision of government services to the extent of the reduction in revenue due to the COVID-19 public health emergency;and d)make necessary investments in water,sewer,or broadband infrastructure. WHEREAS,the County will receive funds in two tranches,with 50%provided in May 2021 and the balance delivered 12 months later; and WHEREAS,funds must be used to cover costs incurred by the recipient between March 3,2021, and December 31,2024,and funds must be expended by December 31,2026.;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 TT RESOLVED,by the Board of Supervisors that the FY 2021-2022 Budget be Amended to Reflect: ARPA Fund Supplemental Appropriation in the Amount of$17,348,003.This amount represents American Rescue Plan Act(ARPA)of 2021 Coronavirus State and Local Fiscal Recovery Funds (CSLFRF)allocated by the United States Department of the Treasury to provide emergency funding to support the immediate pandemic response and its economic impacts. BE TT 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. BE TT FURTHER RESOLVED,ARPA Fund appropriation shall include funds transferred to other funds for classification purposes. + + + + + + + + + + + + + + PROPOSED AMENDMENT TO THE LEASE AGREEMENT BETWEEN THE COUNTY OF FREDERICK, VIRGINIA, AND BRIAN KEITH MATHESON—APPROVED Deputy County Administrator Tibbs explained the lease agreement. Chairman DeHaven opened the public comment period. There were no speakers. Chairman DeHaven closed the public comment period. Supervisor McCarthy moved that the Board approved the proposed lease amendment. Supervisor Slaughter seconded the motion which carried on a recorded vote as follows: Blaine P. Dunn Absent David D. Stegmaier Aye Shawn L. Graber Aye Robert W. Wells Aye J. Douglas McCarthy Aye Charles S. DeHaven, Jr. Aye Judith McCann-Slaughter Aye Minute Book 47 Board of Supervisors Regular Meeting of October 13, 2021 County of Frederick, Virginia + + + + + + + + + + + + + + 119 PLANNING COMMISSION BUSINESS - PUBLIC HEARINGS ORDINANCE AMENDMENT TO THE FREDERICK COUNTY CODE, CHAPTER 165 ZONING, TO MODIFY REQUIREMENTS FOR "OPAQUE FENCE" TO ALLOW CHAIN LINK FENCE WITH SLATS TO SATISFY SCREENING REQUIREMENTS FOR CERTAIN USES AND TO FULFILL ZONING DISTRICT BUFFER SCREENING REQUIREMENTS WHERE A WAIVER MAY BE GRANTED -APPROVED Tyler Klein, Senior Planner, reviewed the proposal to amend Chapter 165 — Zoning Ordinance to allow double-walled winged slats and chain-link fence to satisfy the opaque fence requirement for zoning district buffers through a waiver if granted by the Board of Supervisors. He said to be eligible for a waiver, the applicant/owner/developer requesting a waiver obtain written consent from the adjoining (affected) property owners to proceed, adding that the proposed amendment would also allow chain-link fence with slats for the screening of certain uses in the County's business and industrial districts including outdoor storage and processing, motor vehicle uses, automotive repair shops, public garages, and storage/self-storage facilities. Chairman DeHaven opened the public comment period. Billy Miller, Opequon District, thanked the Board for considering the ordinance amendment. Chairman DeHaven closed the public comment period. Vice Chairman Wells moved that the Board approved the proposed ordinance amendment and Supervisor Graber seconded the motion. Supervisor Slaughter asked for and received clarification that the motion included a text change allowing the Zoning Administrator rather than the Board to provide a waiver. The motion carried on a recorded vote as follows: Blaine P. Dunn Absent David D. Stegmaier Aye Shawn L. Graber Aye Robert W. Wells Aye J. Douglas McCarthy Aye Charles S. DeHaven, Jr. Aye Judith McCann-Slaughter Aye AN ORDINANCE,AMENDING Minute Book 47 Board of Supervisors Regular Meeting of October 13, 2021 County of Frederick, Virginia 120 THE FREDERICK COUNTY CODE CHAPTER 165 ZONING ARTICLE If SUPPLEMENTARY USE REGULATIONS;PARKING;BUFFERS;AND REGULATIONS FOR SPECIFIC USES PART 201—SUPPLEMENTARY USE REGULATIONS §165-201.10 PART 203-BUFFERS AND LANDSCAPING §165-203.02 PART 204—ADDITIONAL REGULATIONS FOR SPECIFIC USES §165-204.12 §165-204.18 WHEREAS, an ordinance to amend Chapter 165, Frederick County Zoning Ordinance to modify requirements for"opaque fence"to allow chain link fence with slats to satisfy screening requirements for certain uses and to fulfill zoning district buffer screening requirements where a waiver may be granted by the Zoning Administrator. WHEREAS,Frederick County received a request to amend Chapter 165,Zoning,to allow chain-link fence with slats for the screening of certain uses in the County's business and industrial districts; these uses included outdoor storage and processing,motor vehicle uses,automotive repair shop,public garages,and storage/self-storage facilities;and WHEREAS the Planning Commission held a public hearing on this ordinance amendment on September 15,2021 and recommended approval;and WHEREAS,the Board of Supervisors held a public hearing on this ordinance amendment on October 13, 2021;and WHEREAS,The Frederick County Board of Supervisors finds that the adoption of this ordinance to be in the best interest of the public health, safety,welfare and in good zoning practice;and NOW,THEREFORE,BE IT ORDAINED by the Frederick County Board of Supervisors that Chapter 165 Zoning, is amended to modify ARTICLE II SUPPLEMENTARY USE REGULATION; PARKING; BUFFERS; AND REGULATIONS FOR SPECIFIC USES — PART 201 SUPPLEMENTARY USE REGULATIONS §165-201.10-PART 203 BUFFERS AND LANDSCAPING §165-203.02-PART 204 —ADDITIONAL REGUALTIONS FOR SPECIFIC USES §165-204.12 AND§165-204.18 ARTICLE H Supplementary Use Regulations;Parking;Buffers;and Regulations for Specific Uses Part 201 Supplementary Use Regulations §165-201.10 Outdoor storage and processing. The outdoor storage or processing of products,equipment or raw materials is allowed in the business and industrial districts or in association with business uses allowed in any other zoning district only if the outdoor storage is directly associated with the primary uses of the property. A. In such cases, the outdoor storage or processing shall be completely screened from the view of road and street right-of-way and from surrounding properties by a six-foot-tall opaque fence,wall, berm or evergreen screen. in ne ease shall,.hai link f nein.with slats be otil ze F r a, Chain&kfencin_-with slag with apriyacyfactorof90%ormaybe utiliwdto satisfy the opaque fence requirements when the adjoining properties are m the B-2 (General Business),B-3(Inds®trial Transition),M-I(Li, ht_Indkzs* l),M-2(Indus[rial Minute Book 47 Board of Supervisors Regular Meeting of October 13, 2021 County of Frederick, Virginia 121 General, OM(Office-Mmn&cturin Extractive Maaufacturin MS(Medical Support)Districts or otherzom--districts where the proposed use is also allowed b. Chain link fencing with slats shall consist ofdouble-walled winged slats,•or ent ifapproved bythe ZoningAdministrator. c. Chain,ink fbncmg with slats shall only utilize the fbllowing colors dark green, brown, black,ortan. The use of woodslatsorplaoc slag'withoutmterlockinWMgsanddouble walls shall beprohibited d Chain-lrnkfencmg whh slaw shallnotbepermitted to be used as a screen along prrmN arterial or collectorroadways. Part 203 Buffers and Landscaping §165-203.02 Buffer and screening requirements. It is the intent of the regulations of this section to encourage proper design of a site in order to protect adjacent existing uses and to protect proposed uses within the site.Certain types of uses must be buffered from other types in order to ensure a desirable living environment.Additionally,appropriate distances must be maintained between commercial,industrial,and residential uses and roads. D. Zoning district buffers.Buffers shall be placed on land to be developed when it adjoins land in certain zoning districts. 11. The Zoning AdminispatormaXgrant a waiver to allow chain-link fence with slats to safisrgr the opaque mance requirements for zoning district buffers between land primari used for residential purposes and land located in the B-1 ftwAborhood Business)orB 2(General Business)Zoning District with the consent of the adjacent(af bcWproperty owners A charm Ankfence with slats shallmeet the following criteria a. Chain Ankfencing with sb&must have a privacy factor of90%or rester. b. Chaia,iakfeaciap, with slats shall consist of double-walled wmgedslats c. Chain-link kbncmg with slats shall only utilize the following colors• dark rg cera, brown,black,or tan. d. The use of wood slats or plastic slats withoutinterlockinFiggs and double walls shall be prohiNted Part 204 Additional Regulations for Specific Uses 165-204.12 Motor vehicle service uses,automotive repair shops and public garages. B. All exterior storage of parts and equipment shall be screened from view of surrounding properties by an opaque fence or screen at least six feet in height.This fence or screen shall be adequately maintained. a Chain-link mincing with slats, with a prrvac ihctor of90%orgreatermay be utilized to satisfy the opaque fenceregurrements when the ad,,iogproperties are m the B 2 (General Business),B-3(industrial Transition),M-1(Ligbtlndustria/ M-2(Industrial General), OM(Of6co-Maaufacturiag).Mf 9rtractrveMa99094rin4 MS(Medical Support)Districts,or other zoning districts where the proposed use is also allowed b. Chaim Imk acing with slats shall consistof double-walled wingedslats, orogwyalent if approved bythe ZoningAdministrator. Minute Book 47 Board of Supervisors Regular Meeting of October 13, 2021 County of Frederick, Virginia 122 c. Chainlrnkfemciap, with slats shall only utilize the following,colors darkgreen,brown, blas$or tan. The use of woods&&orpJagc slats without m&rlockim_q wm_asd double walls shall be pmhib ted d Chain link fincinS with slats shall not be permitted to be used as a screen along primary,arterial,or collectormadwa�s' §165-204.18 Storage facilities, self-storage. F. Self-storage facilities shall meet the following landscaping or screening requirements. 4) The installation of an opaque wall or fence that is a minimum of six feet in height may substitute for required landscaped areas in all zoning districts. a, A solid building wall,free of windows or doors,is not required to be screened. b. Cham-iakfmcm- with slats, with apq acyfactorof90%or,ereatermaybe utilized to gg s&the opaque k nce requirements when the adhm�properties are in the B-2(GeneraJBusinem),B 3(Industrial Transition),M-J"htln&wftial), M-2(Industrial General), OMOfte-Manufacturing),EM(Extractive Mamnfactruia4 MSWMed#cal Support)Districts or otherzoniag,districts where the proposed use is also allowed c, Cham-iakfmcm- with slats shall consist ofdouble-walled winged slats or eguivaleatapproyed by the Zoning-Administrator d Cham-,h k fbncinp with slats shall onlyWzw the following colors. dark rr brown,black,or tan. The use of wood slats or plastic slats withoutinterJocking wings and double walls shall be prokbited e. Cham-iakfeacm- with slats shall not bepermitted to be used as a screen along prrmary,arterial,or coBoctorroadways, + + + + + + + + + + + + + + ORDINANCE AMENDMENT TO THE FREDERICK COUNTY CODE CHAPTER 165 ZONING, TO REMOVE THE REQUIREMENT THAT MASTER DEVELOPMENT PLANS (MDP) BE PRESENTED TO THE PLANNING COMMISSION (PC)AND BOARD OF SUPERVISORS (BOS)AT A PUBLIC MEETING AS AN INFORMATION ITEM PRIOR TO ADMINISTRATIVE APPROVAL -APPROVED Tyler Klein, Senior Planner, reviewed the proposal to amend Chapter 165 — Zoning Ordinance to remove the requirement that Master Development Plans (MDP) be presented to the Planning Commission (PC) and Board of Supervisors (BOS) at a public meeting as an information item prior to administrative approval. He said with this proposed amendment, when MDP's are administratively approvable (i.e., plans are in conformance with the Frederick County Zoning and Subdivision Ordinance, have been approved by all applicable agencies of the County, and approved by outside entities such as Frederick Water and/or VDOT), the MDP would proceed Minute Book 47 Board of Supervisors Regular Meeting of October 13, 2021 County of Frederick, Virginia 123 directly for signature (approval) by the Planning Director and County Administrator. Chairman DeHaven opened the public comment period. There were no speakers. Chairman DeHaven closed the public comment period. Supervisor McCarthy moved that the Board approve the proposed ordinance amendment. Vice Chairman Wells seconded the motion which carried on a recorded vote as follows: Blaine P. Dunn Absent David D. Stegmaier Aye Shawn L. Graber Aye Robert W.Wells Aye J. Douglas McCarthy Aye Charles S. DeHaven, Jr. Aye Judith McCann-Slaughter Aye AN ORDINANCE AMENDING THE FREDERICK COUNTY CODE CHAPTER 165 ZONING ARTICLE IV AGRICULTURAL AND RESIDENTIAL DISTRICTS PART 402—RP RESIDENTIAL PERFORMANCE DISTRICT §165-402.01 INTENT ARTICLE VIII DEVELOPMENT PLANS AND APPROVALS PART 801—MASTER DEVELOPMENT PLANS §165-801.02 WHEN REQUIRED §165-801.03 WAIVERS §165-801.06 MASTER DEVELOPMENT PLAN SUBMISSION §165-801.07 FINAL MASTER DEVELOPMENT PLAN WHEREAS, an ordinance to amend Chapter 165, Zoning, to remove the requirements that Master Development Plans(MDP)be presented to the Planning Commission(PC)and Board of Supervisors(BOS) at a public meeting as an information item prior to administrative approval was considered; and WHEREAS, the Development Review and Regulations Committee (DRRC) reviewed the proposed changes at their June 24,2021 regular meetings; and WHEREAS, the Planning Commission discussed the proposed changes at their regularly scheduled meeting on July 21,2021 and agreed with the proposed changes; and WHEREAS,the Board of Supervisors discussed the proposed changes at their regularly scheduled meeting on August 11,2021; and WHEREAS,the Planning Commission held a public hearing on this ordinance amendment on September 15, and recommended approval; and WHEREAS,The Board of Supervisors held a public hearing on this ordinance amendment on October 13, 2021; and WHEREAS,the Frederick County Board of Supervisors finds that the adoption of this ordinance to be in the best interest of the public health, safety,welfare and in good zoning practice; and NOW,THEREFORE,BE IT ORDAINED by the Frederick County Board of Supervisors that Chapter 165 Zoning, is amended to modify ARTICLE IV AGRICULTURAL AND RESIDENTIAL DISTRICTS; PART 402 — RP RESIDENTIAL PERFORMANCE DISTRICT §165-402.01 INTENT ARTICLE VIII DEVELOPMENT PLANS AND Minute Book 47 Board of Supervisors Regular Meeting of October 13,2021 County of Frederick, Virginia 124 APPROVALS; PART 801 — MASTER DEVELOPMENT PLANS §165-801.02 WHEN REQUIRED §165-801.03 WAIVERS §165-801.06 MASTER DEVELOPMENT PLAN SUBMISSION §165-801.07 FINAL MASTER DEVELOPMENT PLAN ARTICLE IV Agricultural and Residential Districts Part 402, RP Residential Performance District §165-402.01 Intent. B.Within this Part 402,a number of general performance requirements are identified.When a housing development has satisfied these requirements,this Part 402 is intended to provide a large degree of flexibility in development and housing design.This design process is accomplished through a master development plan which is designed in cooperation with the County staff and Platffting ARTICLE VIII Development Plans and Approvals Part 801 Master Development Plans §165-801.02 When required. A.A preliminary master development plan(MDP)shall be submitted to the Director of Planning and Development.and shat be-pr-e-seffted to the D,^^a;ng GawA:n ssia ^aa the Board a SupeM„^^r^as an ing,.ri",,,,^, it .Ultimately,the MDP must receive administrative approval from the Director of Planning and Development and the County Administrator prior to any subdivision or development of property in any of the following zoning districts: RP Residential Performance District R4 Residential Planned Community District R5 Residential Recreational Community District MH 1 Mobile Home Community District HE High Education District MS Medical Support District B 1 Neighborhood Business District B2 Business General District Minute Book 47 Board of Supervisors Regular Meeting of October 13, 2021 County of Frederick, Virginia 125 133 Industrial Transition District OM Office-Manufacturing Park District M1 Industrial Light District M2 Industrial General District EM Extractive Manufacturing District A. RP,R4,R5,and MH1 Districts.The Director of Planning and Development may waive the requirements of a MDP in the RP(Residential Performance),the R4(Residential Planned Community),the R5 (Residential Recreational Community),and the MH1 (Mobile Home Community)Zoning Districts if the proposed property for subdivisionor development: 1) Contains 10 or fewer single-family detached rural traditional,single-family detached traditional or single-family detached urban dwelling units(all other permitted housing types shall require a MDP); 2) Is not an integral portion of a property proposed or planned for future development or subdivision; 3) Is planned to be developed in a manner that is harmonious with surrounding properties and land uses;and 4) Does not substantially affect the purpose and intent of its zoning district and the intent of this article. 5) A MDP may also be waived if the applicant chooses to process a site plan in lieu of a MDP. The site plan must contain all information generally required on a MDP and a site plan.9ffee the site plan is in an adFaiaistfativeb,appr-ovable f4m,the plan will be pfese-pAed to th Plami ng(;,,mmissio and the BeaFd of euro,-.: pef§ 165 901.06. B.M1,EM and M2 Districts.The Director of Planning and Development may waive the requirement of a MDP in the Ml (Light Industrial),the EM(Extractive Manufacturing),or the M2(Industrial General)Zoning Districts if the proposed subdivision or development: 1)Includes no new streets,roads or rights-of-way,does not further extend any existing or dedicated street,road or rights-of-way and does not significantly change the layout of any existing or dedicated street,road or rights-of-way; 2)Does not propose any stormwater management system designed to serve more than one lot and does not necessitate significant changes to existing stormwater management systems designed to serve more than one lot; 3)Is not an integral portion of a property proposed or planned for future development or subdivision; 4)Is planned to be developed in a manner that is harmonious with surrounding properties and land uses;and 5)That such development does not substantially affect the purpose and intent of this chapter. 6)A MDP may also be waived if the applicant chooses to process a site plan in lieu Minute Book 47 Board of Supervisors Regular Meeting of October 13, 2021 County of Frederick, Virginia 126 of a MDP.The site plan must contain all information generally required on a MDP and a site plan. Onee the site plan: in an.,dmin stFati e appFevable F m the or§ 165 901.06. C. B1,B2,B3,MS and HE Districts.The Director of Planning and Development may waive the requirement of a master development plan in the B 1 (Neighborhood Business),B2(General Business),B3 (Industrial Transition),MS(Medical Support)or HE(Higher Education)Zoning Districts if the proposed subdivision or development: 1) Contains less than five acres in the B1 District and less than 10 acres in the B2,B3,MS or HE District; 2)Includes no new streets,roads or rights-of-way,does not further extend any existing or dedicated street and does not significantly change the layout of any existing or dedicated street; 3)Does not propose any stormwater management system designed to serve more than one lot and does not necessitate significant changes to existing stormwater management systems designed to serve more than one lot; 4)Is not an integral portion of a property proposed or planned for future development or subdivision; 5)Is planned to be developed in a manner that is harmonious with surrounding properties and land uses; and 6)That such development does not substantially affect the purpose and intent of this chapter. ,'� A MDP may also be waived if the applicant chooses to process a site plan in lieu of a MDP.The site plan must contain all information generally required on a MDP and a site plan. Onee the site,.la : in an.,dmin stFati e ,. able f4,, the Plan will be pFesented to the Planning Gommission and the Board of stipeFviseFs SEWER AND WATER SERVICE AREA EXPANSION AND EXCEPTION FOR THE SOUTHERN FREDERICK AND DOUBLE TOLLGATE AREAS - APPROVED Candice Perkins, Assistant Director of Planning, reviewed the request for a Sewer and Water Service Area (SWSA) expansion and exception within the Southern Frederick Area Plan (SoFred) to accommodate future commercial and industrial land uses, and authorization to Frederick Water to provide water and sewer service for 350 acres within Clarke County in the Double Tollgate area not to exceed 150,000 gallons per day. Chairman DeHaven opened the public comment period. Minute Book 47 Board of Supervisors Regular Meeting of October 13,2021 County of Frederick, Virginia 127 There were no speakers. Chairman DeHaven closed the public comment period. Supervisor McCarthy moved that the Board approve the proposed ordinance amendment. Vice Chairman Wells seconded the motion which carried on a recorded vote as follows: Blaine P. Dunn Absent David D. Stegmaier Aye Shawn L. Graber Aye Robert W. Wells Aye J. Douglas McCarthy Aye Charles S. DeHaven, Jr. Aye Judith McCann-Slaughter Aye RESOLUTION TO APPROVE SEWER AND WATER SERVICE AREA(SWSA)BOUNDARY ADJUSTMENTS FOR THE SOUTHERN FREDERICK AREA PLAN AND AUTHORIZATION FOR FREDERICK WATER TO PROVIDE SERVICE TO CLAF,KF COUNTY VIRGINIA FOR 350 ACRES (150,000 GALLONS PER DAY)LOCATED IN THE DOUBLE TOLLGATE AREA WHEREAS,The 2035 Comprehensive Plan,The Plan,was adopted by the Board of Supervisors on January 25,2017;and WHEREAS, this amendment would result in boundary adjustments to the Sewer and Water Service Area (SWSA)within the Southern Frederick Area Plan of the 2035 Comprehensive Plan to accommodate future commercial and industrial land uses,and authorization to Frederick Water to provide water and sewer service for 350 acres within Clarke County in the Double Tollgate area not to exceed 150,000 gallons per day. WHEREAS,the Frederick County Planning Commission held a public hearing on this proposed amendment on September 15,2021 and recommended approval; and WHEREAS,the Frederick County Board of Supervisors held a public hearing on this proposed amendment on October 13,2021;and WHEREAS,the Frederick County Board of Supervisors finds the approval of an expansion to the Sewer and Water Service Area (SWSA) within the Southern Frederick Area Plan of the 2035 Comprehensive Plan to accommodate future commercial and industrial land uses, and authorization to Frederick Water to provide water and sewer service for 350 acres within Clarke County in the Double Tollgate area not to exceed 150,000 gallons per day,to be in the best interest of the public health, safety,welfare and future of Frederick County, and in good planning practice;and NOW,THEREFORE,BE IT RESOLVED by the Frederick County Board of Supervisors,that the Sewer and Water Service Area(SWSA) within the Southern Frederick Area Plan of the 2035 Comprehensive Plan be expanded as indicated on the attached map,to accommodate future commercial and industrial land uses,and authorization to Frederick Water to provide water and sewer service for 350 acres within Clarke County in the Double Tollgate area not to exceed 150,000 gallons per day. + + + + + + + + + + + + + + PLANNING COMMISSION BUSINESS - OTHER PLANNING BUSINESS - None BOARD LIAISON REPORTS Minute Book 47 Board of Supervisors Regular Meeting of October 13, 2021 County of Frederick, Virginia 128 Supervisor Slaughter provided some information on upcoming activities of the Economic Development Authority. CITIZEN COMMENTS Joe Crane, Gainesboro District, commented on Marxism being taught in local schools and asked the Board to oversee the school system's budget. Captain Jared Martin of the Salvation Army reviewed the services offered by his organization, including a homeless shelter and soup kitchen, and noted the importance of community donations to support those activities. He invited the Board members to join in the kettle fundraising activities. Tim Regan, Back Creek District, referenced a school board meeting where a parent survey was discussed. He encouraged the Board to obtain an audio recording of the meeting. Brian Nuri, Opequon District, discussed the assertion of critical race theory being taught in the schools. He said the Deep Equity program is not in Virginia's standards of learning. Miles Adkins, Shawnee District, said that critical race theory is being taught and that teachers are evaluated on their teaching of the subject. Josh Ludwig, Shawnee District, said that critical race theory and ideas and philosophy are being taught in other classes and are not taught in a standalone class. He said that critical race theory is basically systemic racism. BOARD OF SUPERVISORS COMMENTS Supervisor Graber discussed an upcoming application for expansion of a solar farm and asked for citizens to contact him if they wished to discuss the matter. Supervisor Graber reiterated his knowledge that critical race theory and Deep Equity are being taught in the school system. Supervisor Slaughter announced the Transportation Forum scheduled for October 26, 2021. Minute Book 47 Board of Supervisors Regular Meeting of October 13, 2021 County of Frederick, Virginia 129 Supervisor Slaughter asked that the County Attorney verify that the Board can appropriate funding of the Schools'budget categorically but not by line item. Mr. Williams verified her statement. Supervisor McCarthy noted that appropriation of funds is different than knowing how the money is spent at the line-item level. ADJOURNMENT On motion of Vice Chairman Wells, seconded by Supervisor McCarthy, the meeting was adjourned at 8:30 p.m. Charles S. DeHaven, Jr. Mary T. Price Chairman, Board of Supervisors Interim County Administrator Minutes Prepared By: Ann W. Phillips Deputy Clerk, Board of Supervisors Minute Book 47 Board of Supervisors Regular Meeting of October 13, 2021 County of Frederick, Virginia 130 Board of Supervisors Meeting Minutes of October 13, 2021 - Appendix 1 FINANCE COMMITTEE REPORT to the BOARD OF SUPERVISORS Wednesday,September 15,2021 8:00 a.m. 107 NORTH KENT STREET,WINCHESTER,VIRGINIA A Finance Committee meeting was held in the Board of Supervisors' meeting room at 107 North Kent Street on Wednesday,September 15,2021 at 8:00 a.m. ATTENDEES: Committee Members Present: Judith McCann-Slaughter,Chairman; Charles DeHaven; Robert Wells;Gary Oates. Non-voting liaison: William Orndoff,Treasurer. Committee Members Absent: Angela Wiseman;Jeffrey Boppe;and non-voting liaison Seth Thatcher,Commissioner of the Revenue. Staff present: Cheryl Shiffler, Finance Director; Sharon Kibler,Assistant Finance Director;Jay Tibbs,Assistant County Administrator; Rod Williams,County Attorney; Scott Varner, IT Director; Mark Cheran,Zoning Administrator;Steve Hawkins,Sheriff Major;Joey Henry,Sheriff Lieutenant;Jon Turkel,Assistant Parks& Recreation Director;Steve Majchrzak, Fire& Rescue Chief; and Tamara Perez, Public Safety Communications Director. Others present: Patty Camry, FCPS Executive Director of Finance; and David Sovine, FCPS Superintendent. ITEMS REQUIRING ACTION BY BOARD OF SUPERVISORS: 1. The Finance Director presents FY 2021 Year End financial information and requests a public hearing for a General Fund and County Capital Fund supplemental appropriation in the amount of$26.1 million. This amount represents General Fund fund balance in excess of 20%to be transferred to the Capital Fund. See attached information, p.5-29. The committee recommends holding a public hearing. In addition,the committee recommends sales tax/ meals tax revenue adjustment. 2. The FCPS Executive Director of Finance requests School Operating Fund and General Fund supplemental appropriations in the amount of$454,276.12. This amount represents FY 2021 unspent restricted funds. See attached memo,p. 30. The committee recommends approval. 3. The FCPS Executive Director of Finance requests a public hearing for a School Operating Fund supplemental appropriation in the amount of$13,562,792.89. This amount represents American Rescue Plan Act(ARPA)funds received directly by the schools for ESSER III and CSLFRF. See attached memo, p.30. The committee recommends holding a public hearing. Minute Book 47 Board of Supervisors Regular Meeting of October 13,2021 County of Frederick, Virginia 131 4. The FCPS Executive Director of Finance requests School Capital Projects Fund transfer from the County Capital Fund in the amount of$4,264,552. This amount represents unspent FY 2021 unobligated School Operating funds to be used for the purchase of(19)school buses and other capital projects. See attached memo, p.30. The committee recommends approval. 5. The Deputy County Administrator requests a Capital Projects fund transfer from the County Capital fund in the amount of$18,006,724. This amount represents funds needed for the public safety radio system replacement. See attached memo, p.31. The committee recommends approval. 6. The Zoning Administrator requests a Development Projects and a General fund supplemental appropriation in the amount of$175,000. This amount represents funds needed for the completion of Yardmaster Court. Of that amount, $85,000 is local funds required. See attached memo, p.32-33. Traffic count requested from VDOT. The committee recommends approval. In addition,the committee recommends the Planning and Public Works departments develop a recommendation on the process and policy for a periodic review of held bonds/LOCs. 7. The Sheriff requests a General Fund supplemental appropriation in the amount of$19,656.This amount represents a carry forward of unspent FY 2021 funds to be used for the purchase of MS Office software. This item was returned to the Committee for further discussion. See attached memo, p.34-35. The committee did not recommend approval. 8. The Parks& Recreation Director requests a General Fund supplemental appropriation in the amount of$150,311. This amount represents a carry forward of unspent FY 2021 funds for the completion of the Old Charlestown Road Park Design. See attached memo, p.36. The committee recommends approval. 9. The Parks& Recreation Director requests a General Fund supplemental appropriation in the amount of$101,000. This amount represents a carry forward of unspent FY 2021 funds for the completion of the Abrams Creek Trail Design. See attached memo, p. 36. The committee recommends approval. Minute Book 47 Board of Supervisors Regular Meeting of October 13,2021 County of Frederick, Virginia 132 10. The Parks& Recreation Director requests a General Fund supplemental appropriation in the amount of$55,000. This amount represents a carry forward of unspent FY 2021 proffer funds for the Bowman Amphitheater project. See attached memo, p.36. The committee recommends approval. 11. The Fire& Rescue Chief request a General Fund supplemental appropriation in the amount of $2,076. This amount represents proceeds from the sale of a 1986 fire engine. No local funds required. See attached memo, p.37-38. The committee recommends approval. 12. The Fire& Rescue Chief requests a General Fund supplemental appropriation in the amount of $48,250. This amount represents FY 2021 supplements for the volunteer fire companies. Due to an oversite by F&R,the FY 2021 payments were not distributed. Local funds required. See attached memo, p.39. The committee recommends approval. 13. The Public Safety Communications Director requests a General Fund supplemental appropriation in the amount of$155,792. This amount represents salary and fringes for the remainder of FY 2022 for(3)additional communications officers and (1)shift supervisor. This item has been approved by the Public Safety Committee. Local funds are required. See attached memo, p. 40-43. The committee recommends approval. NO ACTION REQUIRED BY BOARD OF SUPERVISORS: 1. The FCPS Executive Director of Finance provided FY 2021 Year End Financial Reports and was available for discussion. See attached information, p.44-75. INFORMATION ONLY 1. The Finance Director provides a Fund 10 Transfer Report for August 2021. See attached, p.76. 2. The Finance Director provides financial statements ending August 31,2021. See attached, p. 77-87. 3. The Finance Director provides an FY 2021 Fund Balance Report ending September 9, 2021. See attached, p.88. 4. The FY 2021 year-end open purchase orders have been provided by the County and the Schools. See attachments, p. 89-99. Minute Book 47 Board of Supervisors Regular Meeting of October 13,2021 County of Frederick, Virginia 133 Respectfully submitted, FINANCE COMMITTEE Judith McCann-Slaughter,Chairman Charles DeHaven Robert Wells Gary Oates By Cheryl B.Shiffler, Finance Director Minute Book 47 Board of Supervisors Regular Meeting of October 13,2021 County of Frederick, Virginia 134 Board of Supervisors Meeting Minutes of October 13, 2021 - Appendix 2 TRANSPORTATION COMMITTEE REPORT to the BOARD OF SUPERVISORS Monday, September 27, 2021 8:30 a.m. 107 NORTH KENT STREET, WINCHESTER, VIRGINIA ATTENDEES: Committee Members Present:Judith McCann-Slaughter, Chairman (Voting), Gary Oates (Voting), James Racey (Voting), Charles De Haven, Jr. (Voting), Shawn Graber (Voting) and Lewis Boyer(Liaison Stephens City). Committee Members Absent: Cordell Watt(Voting) Staff Present: Assistant Director-Transportation John Bishop, and Kathy Smith, Secretary. ITEMS FOR INFORMATION ONLY: 1-Transportation Funding in Virginia:Staff provided an overview of the Transportation funding tools and was seeking guidance on the next steps in the analysis. Staff started by giving an outline of the Smartscale program an area that has not been very successful partly due to the fact that the district grant allocation for the Staunton District has been among the lowest in the state. If Frederick County were to provide a local contribution as part of SmartScale applications this would potentially make a big difference in the score of the County's applications. Staff coordinated with VDOT to review the round 4 SmartScale applications that were submitted by the County, and it was clear that local contributions would have made a greater rate of success. Staff spoke of other ways of raising funding for Transportation projects such as the Revenue Sharing program with the local match for participation in the program. The Transportation Alternatives program was discussed this program will reimburse up to a maximum 80% and requires a 20% local match and is federal funding but through the State and focuses on pedestrian, bike paths and community improvements. Also, Access Road and Rail access programs have been successful through the years. Public and Private partnerships, Safety programs, special taxing agreements, are available as well. The Committee supported setting aside funds each budget cycle for projects. The Committee requested that staff continue compiling information for future discussion. 2-County Project Updates:Crossover Boulevard aka Tevis Street Extension/Airport Road/1-81 Bridge:Crossover Boulevard was opened to traffic on September 10, 2021,and aside from some final minor adjustments is complete. Renaissance Drive: Easement and right-of-way paperwork has been submitted to CSX for consideration and staff is in discussions with property owners for right-of-way. 3-Other: The Committee discussed the Transportation Forum and decided on the 26th of October to hold the forum for 2021. Minute Book 47 Board of Supervisors Regular Meeting of October 13,2021 County of Frederick, Virginia